good to work with you today. ashley: town the hall first time i like it. jillian: should we do it again tomorrow. ashley: i think so i'm supposed to be back. jillian: "fox & friends" starts right now. have a great day, everyone. ♪ ♪ >> democrats are expected to announce a plan to add four justices to the supreme court. >> this is a radical takeover of our country. >> this is madness as if this country isn't lost enough. >> second degree manslaughter charges are set against kim potter. >> it should have been a more complete and thorough investigation before you brought these charges. >> i concluded that it's time to end america's longest war. >> nobody wants the truth to come home more than those of us who have had to sacrifice. but the last thing i want to see is another 9/11. >> shocking video shows another child being dropped over the border wall. >> i mean, if you want to know why people are coming to the southern border. listen to the way democrats have talked about this country. that's why they are coming.

>> has thrown a no hitter. ♪ brian: somewhere in nashville i believe somebody is playing this song live. don't they play 24 hours a day? ainsley: there are like four band in one bar. every level. will: like nothing you will ever see. brian: we get our curfew lifted until midnight. allowed to stay up to any might. feel back to 8th grated grade. allowed to watch the monologue. many. ainsley: never stayed up to midnight. pete: you stayed up to midnightth grade? brian: i think so. i got to watch the monologue for johnny carson and my parents say why he is terrible at it. i should know, this what is the

curfew in nashville in tennessee now. pete: i think it's 2:00. lives there a couple of weeks ago i think it's up to 2:00. brian: if you want that state to thrive keep the bars opening a little later. ainsley: you should know them all you made them famous and all have a bar in national. nashvil. brian: great tribute to veterans. ainsley: you can bay bottle of whiskey, is that what he sells? wriewn brian yes. i'm not into the hard alcohol like you are ainsley so i don't know. i'm more of a beer guy. ainsley: welcome, pete he is in for steve. brian: hi, pete. pete: hi, brian, i will start again. brian: griff jenkins joins us live outside the supreme court as democrat expect to announce their plan to add four more justices. this broke last night, griff. >> good morning, brian, pete, ainsley. look so much for the president's

36-person six month commission to study packing the court, democrats are just going forward with it and later today a group of them here on the steps of the high court will unveil their plan to add the four justices. now, it's going to be led by senators ed markey and senator jerry nadler. along with hank johnson and jones. and they are going to bring the total number mo it from 9 to 13. now, here is the current makeup of our court just so everyone is clear about it. nine justices and six justices. barrett, kavanaugh, gulch, alito, thomas and chief justice roberts. three liberals, sotomayor, kagan and breyer. president biden's sudden change of heart on their about packing the court is far cry from his views when he was in the 180s a senator on the senate judiciary committee and even as a candidate last october. watch. >> it was a bone-head idea. it was a terrible, terrible mistake to make.

>> it you will know my opinion on court-packing when the election is over. there has never been a court appointment once an election begun. will. griff: make no mistake this is a progressive dream to take this action. but conservatives, republicans are staunchly opposed. last night the former white house chief of staff mark meadows had this to say. >> they have gone so far left they have gone from incompetent behavior to intentional behavior. americans are sick of it. griff: now the bill, i have got it advanced copy of this here. it's literally like two paragraphs simply changes it from that 9 to 13. is it going anywhere? well, it's going to have a high bar to cross because in the senate where it is split 50/50. you would have to have 60 votes. not 51 to change the makeup of the supreme court. brian, pete, ainsley? ainsley: thank you so much. that would make it six conservatives and seven liberals if they do pack the court.

let's bring in john turley. good morning to you. >> good morning. ainsley: good morning. they just have the foot on the pedal, right? they know they have a year and a half until midterms they are trying to shove everything through quickly. what happened to the six month study? >> well, this is about as saultz as a b-52 run. it is astonishing ask. it dispenses with any pretense of principle to say raw muscle play like a hostile takeover of the court. and i don't really understand the political logic here but what really concerns me is that this is really a test of principle for democratic members. i will be watching today to see what senators, what house members step forward and say this is wrong. this is raw court-packing. we can talk about the size of the court. many of us have talked about expanding the court over the years. this is raw, ununadulterated

court-packing. always been viewted as wrong. the public has always opposed it in she high numbers. even as you know it joe biden has opposed it each some of the members of the court as well. some of the liberal icons that these members revere as do many of us people like justice ginsburg staunchly opposed this idea. so, i never thought i would see the day when the house judiciary chairman would stand up for raw court-packing. it's really breathtaking. pete: that's jerry nadler you are right one of the co-spawrnls of the bill that will be released today. you mentioned the heroes of the left introduced these idea you mentioned stephen breyer and ruth bader quincy goldberg. here is a reminder about court backing. >> initial instincts may favor important structural change or other similar institutional change such as forms of court-packing think long and hard before they embody those changes in law. if the public sees judges as

politicians in robe expects incompetence in court and the rule of law itself can only diminish. >> nine seems to be a good number. it's been that way for a long time. i think that was a bad idea when president franklin delano roosevelt tried to a pack the court. pete: it didn't work then. will it work now? >> from what we understand from the legislation, doctor, it would happen right away four more. >> this is immediate dump. like a hostile takeover of the court. so, the question i think that really we have to look at is with the loss of control of the base of the democratic party. this is a crisis of leadership. frankly, it's a failure of leadership by president biden. he was right back in 1983. this was a terrible, terrible idea just to take over the court. but he has been really equivocating, trying to play to the far left, and this is the

result. so this is the test of principle for the track party. you can't stand for constitutional values and be a party in favor of court-packing. brian: so, jonathan, this is just an exercise, flight they have their press conference today at 11:30 for the senate and house and put it forward. it's not going to go anywhere. they don't even need joe manchin. >> i'm more worried about the fact that you have members of congress who are willing to participate in this endeavor. i mean, what they are suggesting should horrify americans. this is not reforming the court. it's packing it. it's dumping four members just to get a workable majority. by the way, when breyer made those statements, which were imminently reasonable, a campaign billboards to get him to retire. threatening that his legacy is in danger. this is one of the moist consistent liberal justices in the history of the court. that's the level of rage we have

today in our politics. brian: right. they want him to retire because if they lose the senate in two years going to be tough getting somebody confirmed because we know president obama had some time -- had a hard time doing it and never even got -- never got merrick garland out in front, right? >> that's right. brian: so stay right there. >> by the way, i supported merrick garland getting a vote. but these members are saying that act was itself court-packing which is bizarre as the definition of infrastructure. that was a constitutional decision, it's not court-packing. you can disagree with it. i disagreed with it. but to use that as a rationalization for court packing is perfectly bizarre. brian: just gets everybody's temperature overheated again, jonathan, don't move. we have something tolls tap into your knowledge for. ainsley: turning now to a fox news alert. overnight 24 protesters are arrested in brooklyn center, minnesota as unrest continued

for a fourth straight night over the death of daunte wright. their charges range from breaking curfew to starting a riot. pete: unrest seen across the u.s. as well los angeles officers in riot gear confronting a large group in front of police headquarters and in albany, new york, police use pepper spray after reuters broke a glass door to a police station. brian: unbelievable. kimberly potter arrested and charged with second degree manslaughter in the shooting death of daunte wright. she was released on bail hours after her arrest. jonathan, we saw this whole thing on video. there is really not much mystery. we don't know maybe what exactly led to the pullover but having said that she pulled out the wrong weapon. she wanted to use a stun gun and instead she used a gun. and it would result in the death of this 20-year-old. do you think as she has gotten-she is out on bail right now. her house is surrounded by concrete structures and fencing to protect her and her husband.

do you think she is in grave legal jeopardy? >> well, this is -- part is the media coverage. it will not be easy to convict her even of second degree manslaughter because of the lack of intent. the language there does allow for this charge. this is not a case of overcharging but it is not an easy task for prosecutors it. does appear to be what we often call a weapons confusion case. this happens, tragically, all too often. of we have seen a couple of cases charged with manslaughter over weapons confusion including one in california that resulted in an involuntary manslaughter conviction. but, it is pretty clear from the video that she thought she was deploying her taser. i have a column out today in "u.s.a. today" comparing this case with the babbitt case which creates a lot of confusion for officers. in the babbitt case involving a capitol hill police officer, you had an officer that shot an

unarmed protester on capitol hill who will not be charged. in this case you had an officer who shot a fleeing unarmed suspect by mistake who will be charged. and for officers, the question is where the line is drawn here between errors and mistakes and criminal prosecution. ainsley: so she was charged with second degree manslaughter but his family, the wright family, they are saying they want it to be murder and he comes from a line of law enforcement individuals. people in his family are officers and they think that murder would be a better sentence. what do you say? or a better charge? >> i have got to tell you, we have seen cases of overcharging before. every indication is that this was a weapons confusion case. that does not make for a murder case. there is a danger in overcharging cases because you could lose credibility with the jury. and you can have a cascading failure if the jury doesn't buy your murder charge.

it may make them less likely to buy lesser charges. this does, you know, this is a plausible manslaughter charge. the language of manslaughter does refer to actions that put other people at risk. but it also talks about a conscious action. it talks about making a choice but reckless disregard of someone's life. that's where this is going to be a challenge for prosecutors. but i think that charging it as murder would be an overcharge and it could have had a detrimental impact on prosecuting the manslaughter case. pete: absolutely. professor, real quick, you mention the difference between the case on capitol hill and this one. the politics of the environment around it, how often does that affect who gets charged and when? >> well, you know, you can't ignore the pressure on prosecutors. you can see that in the timeline, right? in this case you had a charge within a few days. in the babbitt case that's gone

on for month, in this case you had the disclosure of the officer's name even ultimate lay disclosure, unfortunately of her address. in this case in the capitol hill case, we still don't know the identity of the officer. what's striking about the -- also the striking difference about the capitol case i don't know anyone who believes that you can justifiably fire a live round at an unarmed protester. even one who is trying to get through a window like this. you can imagine if officers did that in portland or minneapolis started firing live rounds. what's weird about the justice department's statement in the babbitt case is it doesn't explain all. this it doesn't actually say this was a justified shooting. it just says that this would be too difficult to prosecute because it might have been inadvertent or a mistake. well, that's going to be the very defense made by kim potter. brian: see the hand and gun and word is they thought it was secret service and they were maybe protecting mike pence or

senator schumer but we saw other armed guards with kevlar helmets, they let her go through the window. they didn't do a anything. jonathan, thank you so much. we appreciate it. thanks for answering our call last night. >> thank you. brian: "u.s.a. today" got their column and we got our guest so life is good. ainsley: let's head down to the border and talk about immigration there was a tweet yesterday. san diego sector chief patrol agent, he tweeted this out he said sunday border patrol agents witnessed a smuggler drop a 2-year-old child from on top an 18 high border wall in the arms of the child's father. this event could have been catastrophic. luckily, the child was not injured. thankfully the father caught this 2-year-old. but this is the video. it's very grainy but you can see right there where the arrow is pointing, there's the child dropped into the father's arms. brian: keep in mind this is california. this is california and by the way it's not guatemala residence. these people, the father and the

child are from ghana with no legal status inside the u.s. we have 150 countries coming through our southern border and just in case you think it's just texas and arizona. new mexico says excuse me, you are ignoring us and california says we have a huge problem here, too. pete: the left, the biden administration stopped construction of the border wall but even with the border you need to have manpower there to interdict. it's always infrastructure. surveillance and people if you want it to be effective. clearly surveillance. but looked like a border patrol agent rolled up quickly on it thereafter. that image plus the image of the 3 and 5-year-old girls dropped over the wall in new mexico that thank goodness were found shortly thereafter safe are demonstration of the fact right now whether it's over the wall, around it, walking right through it. it is open season to do everything you can to get. in that's the magnet effect. brian: that's not showing the walls don't work. it's showing exactly it's

delaying allowing to get eyes on it. ainsley: kamala harris was speaking yesterday. she was addressing what is actually your job down there? she said mayorkas is to address the border. brian: what job aren't you doing down there? ainsley: exactly. and she said she is going to be sent in to address the root causes. she also mentioned she will be traveling to mexico and to guatemala to go meet with the leaders down there. she did not give a timeline. brian: right. ainsley: trey gowdy had a clever statement he said she doesn't need to go down there. i can save her the trip. watch this. >> if she is looking for the root cause of our migration crisis. i can save her a trip to guatemala. just go to her own campaign website. i mean, if you want to know why people are coming to the southern border, listen to the way democrats have talked about this country and the republican party, no wall, very little border security. we're going to decriminalize access to this country. sanctuary cities are fine. they're coming here because of people like her and the way they talk about the issue.

pete: he is exactly right. the root cause talk is so foolish. brian, i know we will talk about afghanistan later on. when i was in afghanistan i talked about root causes in countries and how you try to address those so you are not dealing with superfluous. to say you are going to solve it by -- you better be there for 20 and 50 years and writing huge checks. that doesn't change the reality of what's happening on the border wall. it's a fool's errand. they fast off as a solution. brian: we should drive it into the ground like we are doing and make it worse so no one comes here. let's see if we can do that together. jillian mele you are upstairs blawvment preparing to tell us? jillian: the suspect in the deadly carjacking and officer shooting is arrested. jerry elders is accused of shooting texas police officer joshua lot in the chest, shoulder and neck during a traffic stop. is he in stable condition. police say elders and others fled the scene and carjacked the 61-year-old woman.

she was shot several times and later died. elderrers is being held on $1 million bond. the families of 9/11 victims are demanding justice, transparency and accountability. they want documents related to operation encore to be released, which is the fbi's investigation into whether saudi government officials provided assistance to 9/11 hijackers. the families are also suing the saudi government for billions of dollars in damages. weigh are getting a look at never before seen photos of prince philip. look at this the duke and duchess of cambridge sharing these photos of the duke of edinboro with his great grandchildren. this as extra security called ring of steel surround capital. senior members of the family who hold military ranks will not wear traditional military uniforms. they will attend the funeral in mourning dress. that is a look at your headlines back to you. ainsley: martha is going to cover that over the weekend.

we will have a special on saturday. brian: 19 minutes after the hour. come up as major companies condemn georgia's voting law. walmart says it will not dive political pressure. the retailer's bold move and who might join them next? ♪ ♪ trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breeze drifting on by you know how i feel. ♪ ♪ it's a new dawn... ♪ if you've been taking copd sitting down, it's time to make a stand. start a new day with trelegy. no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups.

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♪ ♪ brian: welcome back, everybody. i want to talk about this if we can. this story really came out, has been bring for the last four or five days and over the weekend

it culminated in a conference call, a zoom call, must have been a hell of a bill put together by a yale professor. pete: zoom is free. brian: really? who pays for that? advertising support it he. pete: must be. brian: i need these ceos to join me election restrictions. specifically texas and georgia. and a lot of companies joined. some have signed a letter condemning what they say is oppressive restrictions on voting in this country. those are a lot of companies, we stand for democracy. oh, that's good because you are in america. ainsley: they took out two pages in the "new york times." and these are all of the people, ceos, company leaders that signed that letter. pete: companies like amazon, black rock, google. ainsley: netflix, starbucks. pete: you are see lots of tiny names on there. brian: g.m. pete: the "new york times" also ran simultaneously to that ad being run an article here's the

headline the ceos who didn't sign a big defense of voting writes. the "new york times" while it wasn't responsible for the ad goes on top of it and names and shames executives and companies that wouldn't come out and condemn the georgia voter integrity law. ainsley: if you don't agree with the far left we will write a large article about you. we will condemn you. we will name you and shame you and then cancel you. brian: the ones that are out even if they don't agree we are not signing any letter. jp morgan. home depot, coca-cola, delta they're not signing on to. this. ainsley: walmart? brian: walmart not signing on. pete: and putting an exclamation point on it. we don't want any part of this. doug mcmillen chief of walmart. we are not in the business of partisan politics. while our government relations team have historically focused encore business issues like tax policy or government regulation,

walmart and other major employers are increasingly being asked to weigh in on broader societal issues such as civil rights and walmart is saying count us out. they say every business has lobbyists who want to create environments favorable to that business. that's how it works in our system. but weighing in on every single cause and really only from one side good on walmart for standing up and saying that. ainsley: isolating 50% of your customers if you take a political stand. if you want to get in politics, get into politics. but these are businesses. >> trying to sell to all of you. brian: also today editorial is out in the "the washington post" from gabriel sterling the coo of the secretary of state obviously in the cross hairs with pump because president trump didn't like the way the election was run last time. he goes through and outlines how things like this are dangerous. the president is saying jim crow. these democratic initiatives from 50 years ago. jim crow on steroids are dangerous. he said i felt like president trump put my life in danger because he kept calling us out and the secretary of state out. weigh know that because this is

doing the same thing. and what's worse is it's totally inaccurate. pete: that's right. brian: how you are describing this law is not close to the truth. texas is experiencing the same thing. and i just love the way that you see like will smith move his movie to louisiana with more restrictive voting systems than the ones that are in place in georgia. ainsley: same with mlb more restrictive in colorado and they still moved it out. brian: can you read this stuff? can you get the commissioner a highlighter to point out the parts that he doesn't like? pete: for the left it's all about emotion it's not about facts and figures. in this case they're fighting a straw man, a lie, a fake characterization of a bill in georgia. brian: do you know it's working if you want to pass hr 1 because we had no choice, you describe these 41 states who are reining in the pandemic centric rules. and say it's desperate we have to do something like pass hr 1 and federalize elections against the constitution. that might be the big play.

pete: that may indeed be the big play. ainsley: what's come up, pete? pete: new twist in the fight to reopen schools in california. they are still fighting just to get the doors open. some kids are being told they can return to the classroom but their teachers won't be there. frustrated fran parent reacts to the free zoom in room effort. brian: did i not know it's free. brian. pete: maybe there is a paid portion. brian: i felt like someone's credit card was there. pete: you don't have to pay for this either. fox bet super 6 app. play for a chance to win $10,000. predict six outcomes in the fox bet super 6 quiz show. topics range from entertainment to sports. it is free to play download the fox bet super 6 app. now. ♪ ♪ nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur.

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caused by former kansas city chiefs assistant coach bret reeves. aerial young's body says she still cannot walk, talk or eats normally. reid had a blood alcohol level legal limit when he rammed the car in february. is he facing a felony count of driving while intoxicated. the second no-hitter of the season is complete after incredible performance from chicago white sox pitcher carlos r oda. take a look. [cheers] well, he threw 114 pitches and came within one out of throwing a perfect game. this is the 20th no-hitter in white sox history and it comes just two years after rodon underwent tommy johns surgery. incredible. ainsley, send it back to you. ainsley: new twist in the fight to reopen schools in california. frustrated parents in san francisco say they are now being

told they can send their kids back to class with a laptop and headphones because many of the teachers are going to continue teaching from home. they are calling the concept zoom in a room. robin herman is one of these parents, her fourth grade daughter will return to the classroom next week but her teacher will not be there. good morning to you, robin. >> good morning. >> you told our producers that this is a joke are explain that. >> it is a joke. over hundred plus teachers in the school district in san francisco were granted a remote work from school medical leave they all have got be vac sib nateed which is silly. they will provide a monitor in the classroom and if they can't fill this monitor in the classroom, the kids will have to stay at home. so it's very inconvenient for parents, for the kids, and only reason interest daughter to

school from a socialization standpoint. i think this whole thing is a joke we have been online for a year and a half. ainsley: priority with vaccine but still staying home. why? what's their snreefn. >> so what i was told by my daughter and her teacher explained to her is her husband only got one of his covid shots. and she is fully vaccinated. which i think is absolutely ridiculous excuse. i'm fully vaccinated. it takes 21 days to get the next vaccine. so her excuse to the children were because her husband is not fully vaccinated. ainsley: does he plan on coming back when he is fully vaccinated? >> no. she actually wrote an email out to the parents saying i'm going to stay home the rest of the school year. ainsley: oh my gosh. does this make you question whether or not these teachers who are deciding to do that who are vaccinated still staying home, finding excuses if they really even care about our kids? >> you know, it's really hard to

say at this point. i always say, you know, before covid, there was not an excuse for these teachers not to go to teach when there was a cold and flu season kid are going to be wearing masks and socially distanced. i think these teachers are actually really comfortable now i can work from home and only got to teach until noon and then i have the rest of the day to myself and out getting a full salary as well which is disgusting. ainsley: robin, your teacher will probably see this interview what do you want to say to her. >> i just wish that she will try to get back into school with the kids because i think it's extremely important. these kids have never physically met the teacher. it's only been online and from a social and emotional standpoint, it would be great to close out the school year with getting these teachers back in the classroom. ainsley: what is your daughter saying? >> she just wants to get back. she misses her friends. and, you know, it will be nice, she said, to meet her teacher in person, you know, she is on her couple last years of elementary

school so, yes. it's really important. ainsley: have you seen any changes in her personality staying at home this long? >> you know, online content has been at a high rage in our household. it's really unfortunate. some days she just doesn't want to go on and at this point i don't care. you know she is getting taught repetitive not things she would be taught in person school lesson. there is a lot of independent learning. and for kids that are developing at all ages, independent learning is not for everyone. and these kids need especially, you know, k through 5. extremely important as developing and growing to have that guidance from a physical teacher. are. ainsley: absolutely. you said earlier if your son weren't in private school he wouldn't be going back to school at all this year. we feel so sorry for these students and parents out in

california. thank you so much for being with us, robin. we wish you all the best. >> my pleasure. ainsley: we did reach out to lafayette elementary school and san francisco be unified school district for comments but we did not hear back from either one of them. critics can r. calling joe biden's plans to end the longest war breakless. michael waltz has deployed to afghanistan several times. he's going to react to the move to pull out all the troops. that's coming up next. ♪ spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! all good

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responsibility on to a fifth. brian: so he will have this move on his baseball card. president biden announcing all u.s. troops will leave afghanistan by 9/11. but our next guest warns this puts america at risk and creates a safe haven for terrorist. g.o.p. congressman, green beret person himself, national guard member currently, michael waltz he commanded special forces unit multiple forces in afghanistan. do you support this, congressman? >> no, brian, i don't. first of all, doing it on 9/11 is just an insult to so many of us that served and frankly to the families to have that kind of saigon moment which we very well could on that anniversary. i just think it is a bone-headed idea. more broadly, brian, there is obama in iraq all over again. where he just yanked everyone

out. isis came roaring back. we had attacks all over europe, the united states, and a caliphate the size of indiana. american citizens in orange jump suits getting beheaded. the intelligence community is clear that that is what will happen with al qaeda and possibly isis too in afghanistan. but here's the difference and here's why this is so much worse. you have a lot of bases in the middle east around iraq that we could launch back in from. in afghanistan you have china, russia, iran, and pakistan. you don't have a lot of options there. you don't have any options to really go back in, number one, and then number two, one of his main reasons for doing this was the shift great power competition. look, you know how strongly i feel that china is a threat to this country. but look at where afghanistan is. it's the only country in the world where we have a base bordering china, it's on the southern flank of russia, and the eastern flank of iran.

why would we just give that territory up? this really make absolutely no sense. you know, we need to leave a small presence behind that can continue to keep the pressure on, let's fight over there. and let's continue to train and equip and get the afghan army to a better place so that one day we truly can leave. brian: so you are saying every day we are there is an advantage for us because we are getting intelligence on the ground understanding that isis and al qaeda continue to try to reconstitute itself at the same time keep a window on china, russia and pakistan. we just got this word, anthony blinken unannounced visit average. they say sell the withdrawal to the afghanys. we also have nato partners. we don't -- it's not even clear if we gave them a heads up. >> no. brian: i want you to answer that and the "new york times" has a story today that we are going to not repeat the mistake of iraq and we are going to try to have a role in there from afar.

>> yes, brian. here's one thing to understand. when the military goes, the contract support that we have for the afghan forces, that will also go. there is nearly 20,000 contractors there. nato is going go. and most importantly the cia and our intelligence presence is going to go as well. so we will be in many ways blind, biden's cia chief all but admitted that yesterday in a hearing. we'll be blind, we won't have an afghan army there the government will likely collapse under the pressure of taliban collapse. and then we will have to fight our way back in. and that is incredibly, incredibly frustrating and disturbing to me where if we just left a small presence there. which is exactly what the military was arguing to obama in iraq, then we could avoid all of this. but this is pathway to another

9/11. are intelligence is clear. this is doing this for symbolic and political reasons. it doesn't make any sense. brian, if the goal is to just bring a few thousand troops home, we didn't have any casualties in afghanistan last year. we will six the year before. we lost more in navy training accidents around the world than we did in afghanistan. so if you want to bring a few thousand troops home, we still have 50,000 in japan, 30,000 in germany. we still have some in the sinai watching ships go by. there are other places if you want to, you know, if you want to reduce our footprint around the world that's not sitting on half the world's terrorist organizations. brian: if you want to say that isis and al qaeda are not a threat to america, this is a good move. but, if you were going to say they are, then it's not. and if you want to say it's okay for china to come in and iran's presence to grow, then have at it. and guess what? the taliban and al qaeda say we won. we beat the soviets.

and now we beat the americans. and that's just the way it plays in that region. you can say whatever you want. >> no, that's absolutely right. this is a huge propaganda victory for the taliban, for the islamic extremists. again, we have to fight forward. this war against slack extremism. just like the war against communism fascism, it's ideology. it is going to take a long time unfortunately. but we have to fight it in places like kandahar and kabul, not in places like kansas city, which is exactly where al qaeda wants to fight. this they want to fight this in america's backyard. i want to fight it in their backyard. but one way or another, pulling a few thousand troops out doesn't make the war against slack extremism end and it certainly isn't going to stop their attacks. brian: i listened to you and liz cheney and senator lindsey graham. hopefully joe biden is listening but i get the sense he isn't.

michael waltz, thanks so much. >> and, brian, by the way, we still have american mark furyk being held hostage by the taliban right now. are we going to abandon him like obama did the hostages in iran? i certainly hope not. thank you. brian: i think we are. congressman michael waltz, thank you. meanwhile straight ahead, leaving behind graffiti and trash. next guest is owner in the city says it they are doing nothing to stop it. ♪

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ainsley: welcome back 6:54 on the east coast. and janice has the forecast for us. i heard you talking on "fox & friends first." a lot of snow out there. brian: finally. [laughter] janice: snow, absolutely, is coming to the northeast. the new york area will escape the snow but upstate new york and parts of new england are going to get some overnight tonight. also want to make mention the flooding over parts of the gulf coast. louisiana, mississippi, alabama where we have flash flood

warnings in effect for days now. we have seen all of this moisture moving in from the gulf of mexico and today is no exception. we will get another batch later on today and then up towards the rockies in towards the central u.s., that's where we have cold air in place and the snow that's going to come today and tomorrow and also part of the northeast. let's take a look at that again, coastal areas not too worried about you. a chilly rain fall measurable snow especially for the mountains across new england. that will be a big deal overnight tonight and into friday i'm sure the kids will love it. where i'm from in canada it snows in may. cooler temperatures across the warmer tier, warmer across the gulf coast and watch the potential for the flash flooding and the snow for parts of the plain states and new england. back to you, pete. pete: snow in april. janice, thank you very much. all right. well, after nearly a year of violence sparked by the death of george floyd the cost of vandalism continues to pile up for small businesses across our

country, especially in seattle. our next guest says his warehouse has been targeted with graffiti hundreds of times and he says local leaders they are doing nothing to stop it. todd is the ceo of mow lynn know foods. he joins me now. thank you so much for being here. when you look at the condition of your city. can you almost look at the condition of your own business. what's been happening to your business and what does it say about ceilings these days? >> so our business has been tagvandalized you battery cables removed. it happens over and over again. it's not new. it's been going on for a number of years. covid has exacerbated the situation but it's just, you know, it's every day it's a battle. you run a private business.

covid a rationale, how do you sustain this. >> so we are down in society that, which is the industrial district south of the downtown corridor and even prior to covid, we created a business improvement district, a grouch business owners got together and we basically tax ourselves and provide services that the city will not provide for us. we buy extra seattle police patrols, we do clean up. we do graffiti clean up. we have needle clean up trainings to try to support businesses and try to pretty much protect ourselves. pete: so you tax yourself to protect yourself and that's still not enough on top of what the city should already be doing. >> correct. >> >> here's a statement from the seattle mayor. we asked for a statement. they got back to us. they said we will support those people who protest peacefully but the people who just come bent on destruction and committing crime, we won't condone that at all. do you feel like it's basically being condoned? are you seeing anything being done about it?

>> so, we actually have been not really subject to a lot of that. that's the downtown but, no, they may not condone it but they don't could anything. the stories in the paper here is, you know, whether they are protesters or just vandals or the graffiti artists. they often don't get caught and if they do, they are out the next day and they are out doing it again. i mean, you know, everybody in the neighborhood is tagged, you know, multiple times a week. so somebody is doing it and no one is looking. and then to add insult to injury on the tagging, if you don't clean up your graffiti, you get a note from the city that basically says clean it up or we are going to fine you. pete: they graffiti you and if you don't clean it up fast enough it's your fault. that's unbelievable. >> exactly. pete: somewhat overall impact? would you move your business if you could? what kind of calculations are you making about the situation in seattle that way? >> you know, you make those

calculations and it's -- a lot of the business is in seattle. a lot of that is not in seattle anymore because of covid. we are a restaurant supplier but it's a monumental effort to try to move a business is, yeah, you do that math in your head all the time and you just wonder when is it not worth it? we are not there yet but at some point you know, there are a lot of businesses that are packing up and leaving and they have made that call. we are pretty well centered right now. pete: what a testament to a lack of leadership if you don't have it and you lose control, businesses, citizens, taxpayers end up taxing themselves and they're suffering in the process. todd, thank you so much for sharing your story. appreciate it? >> thank you. you have a good morning. pete: you too. on that note the second hour of "fox & friends" starts featuring ainsley earhardt and maybe brian kilmeade now. ♪ ♪ democrats are expected to add

four more muscles. >> hostile play, takeover of court. >> time for american troops to come home. >> every it terrorist camp in the world is on steroids. >> this is a pathway to another 9/11. >> you haven't established the link between vaccine and blood clotting event, have you. >> no. >> we're talking about one death out of 7 million. we used those statistics to shut down any medication, we wouldn't have tylenol. police protests continue for a fourth night as the officer charged in the death of daunte wright is arrested. >> i think there is a rush. there should have been a long, complete, and thorough investigation. >> parents campaign school board members over critical race theory. >> we want the politics out of the classroom and out of schools. ainsley: what a beautiful shot,

that's jacksonville, florida. thank you all so much for watching us and waking up with us if you live there and listening to brian's radio show there on wkov. a fabulous channel. brian: carrying all three hours. you know all my affiliates have 172. pete: you are good at rightfully taking credit for things on the show like walking like you talked about yesterday. i'm going to take credit for bump shots in atlanta. brian: why. pete: why are we always showing shots of new york. why are we always looking at the intrepid. it's beautiful but let's look at something else. brian: a lot of proximate causers take great pride not listen talking. it when is he done. one time they take your advice. it's usually whatever will cain wants on the weekend. pete: 100 percent. i have lost my leverage. ainsley: so glad you are here filling in for steve today. pete: my pleasure.

ainsley: jiff green constituency joins us live outside of the supreme court as democrats expected to announce their plan to add four more justices. griff, packing the k0ur9. here we go. griff: that's right. here we go, pete, ainsley and brian good morning to you. never mind that commission that study that's been commissioned by the president to add 36 bipartisan members take six month to look at enlarging the court and in forming the court. right now you will have a group of democratic lawmakers led by senators ed markey and the house judiciary committee chairman jerry nadler along with congressman hank johnson and monday dare jones. they are going to unveil this legislation that will expand the court from 9 to 13 justices. now, just to remember what the current court makeup is, you have nine justices, six of them are conservatives. you have barrett, kavanaugh, gulch, alito, thomas and, the chief justice john roberts and three liberals sotomayor, kagan and breyer.

this expansion idea doesn't sit well with even the most liberal members of this court, the late r.b.g., ruth bader ginsburg the liberal icon in 2019 said leave it alone and just last week stephen breyer had to this to say. those who favor court-packing think long and hard before embodying those changes in law. >> nine was a good number. i thought it was a bad idea when franklin delano roosevelt tried to pack the court. griff: this effort causing fighting on twitter between one of those democrats monday dare jones who is introducing this here today and congressman jim jordan. >> does this amend with infrastructure tweeted back with a black emoji heart. , the left controls.

will they will add four people to the court. they control everything. this is a radical takeover of our country. and we better stop them. griff: at the end of the day it'sing all going to come down to math and it's a high bar because in the senate where it's split 50/50 they will need 60 votes to change the makeup of this high court. brian, pete, ainsley? ainsley: thank you. can you see how jim jordan was so angry there. thank you so much, griff. he tweeted out does expanding the supreme court count as infrastructure, too? because they have just put everything in that bill. brian: mondaire jones said yeah, it does. he tweeted right back. pete: human infrastructure. so this is the chair of the judiciary committee jerry nadler along with ed markey who will introduce in the senate. is he a senator from massachusetts. they are introducing this bill today at 11:30 immediately add four justices. i wonder why four? well maybe because you add four to the three they have and then they have a majority immediately on the supreme court. well, we will try to dig into how much this is related to what joe biden said he would do with

this 180 day commission to review whether to reform the supreme court. even that though comes after joe biden had said for years and years and including more recently that we're not going to pack the court. here is a reminder of how joe biden used to characterize the issue. >> i would not get in a court-packing. we had three justices next time around we lose control they add three justices. we begin to lose any credibility the court has at all. >> you will know my opinion on court-packing when the election is over. >> i'm not a fan of packing -- court packing. >> you are open to expanding the court? >> i'm open to considering what happens from that point on. >> the last thing we need to do is turn the supreme court into just a political football, whoever has the most votes gets whatever they want. presidents come and go. supreme court justices stay for generations. pete: well, that joe biden has come and gone it appears, brian. and singing a different tune. brian: he mocked the fact that roosevelt tried to pack the court. in fact what roosevelt did he won a landslide victory the

republican party was continue visible in 1937. wanted to restart the economy by doing this new deal ended up doing. brought into court because unconstitutional and roosevelt said okay, i would like to add a supreme court justice for every justice over 70. would have added six more. and even his own party turned on him. no one has brought it up since that until now. jonathan turley, who we asked to join us last night when this story broke said yes because it's so important. and here is how he characterized it. >> it dispenses with any pretense of principle. it's just a raw muscle play. it's like a hostile takeover of the court. and i don't really understand the political logic here but what really concerns me is that this is really a test of principle for democratic members. i will be watching today to see what senators, what house members step forward and say this is wrong. this is raw court-packing.

we can talk about the size of the court. many of us have talked about expanding the court over the years. this is raw unadulterated court-packing. ainsley: this has been set in stone since 1869. we have always had nine justices. there was at one point before that 10 justices on the supreme court. they're putting their foot on the peddle. trying to pass anything they can. as quickly as they can. they know the midterms are coming up in a year and a half. jonathan turley said this is about. remember joe biden said we are going to review this the commission for six months and now they are announcing this after the commission was just announced and jonathan turley went on to say this is about as subtle as a b-52 bombing raid. pete: ed markey said there is no reason to wait for the commission. forget about the commission that's a justification that's a white wash for doing this anyway because they believe seats were stolen on the supreme court. of course, they are referring to merrick garland and the inability to get. ainsley: and donald trump

getting three judges. pete: that's a steal. legitimately getting seat on the court and their rationale for packing the court. what jonathan turley also said which is very revealing. they may not get a chance to do. this you would have to get rid of the filibuster and then pack the court. the scary part is that you have a chairman of the judiciary committee, a senator and others, willing to stand at a podium and say pack the court right now. that shows you how far left they have gone. all they want is control. they want power. as jim jordan said they can't stand the fact that there is one ounce of a place in this country that conservatives have a majority. they need to crush it. brian: don't you remember when the georgia election runoff was taking place in january they said well these republicans are talking so extreme they will pack the court and make d.c. a state. they were just trying to get you scared. you are doing the exact same thing for those republicans who lost both seats every day you should be kicking yourself you never maxed out your vote or tried to go into areas that weren't voting for you. unbelievable that they lost and still paying the price. keep in mind what democrats are doing is if we can't win we will

change the rules. i have an idea since we don't have the supreme court majority change the rules. i have an idea since we are stuck at 50/50 make washington a state two more congress people. two more senators. imagine playing baseball losing to a people 4-2 after nine inc. keep playing until i win. that wouldn't be allowed because there are rules unless of course you appoint you the commissioner who will grant you the power to do it. are you following the baseball analogy, ainsley? ainsley: thank you, brian. let's talk about what's happening in minnesota. more protests last night. steve harrigan is live in brooklyn center, minnesota as the city sees fourth straight night of protests over the shooting of daunte wright. good morning, steve. >> good morning, ainsley. 900 people out last night and hurling everything available at police, bottles, rocks, bricks there were about two dozen arrests. no looting or fires set overnight. officer involved in that single shot killing of daunte wright kim potter, she was arrested yesterday. charged with second degree

manslaughter that could bring a penalty of up to 0 years in jail. she was released on $100,000 bail. we expect to see her in court this afternoon. a former police chief who resigned said the shooting was an accident. potter thought she had the taser. not her gun. but the wright family disagreed with that the attorney for the wright family benjamin crump in a statement said this was no accident. this was an intentional deliberate and unlawful use of force all this hans as the derek chauvin trial is 10 miles away expected to wrap. businesses, buildings, stores, boarding up in anticipation of future violence ahead. back to you. brian: thank you, steve. that's the latest. and, of course, the unrest goes for portland and seattle daily occurrence. and albany, new york, they tried to take the police station and the capital of this very state over this issue. it was pretty shocking to see a 26-year veteran get arraigned last night and get bailed out. she now has to have fencing and

concrete barriers around her house to protect her and her husband. ainsley: there was a protester. did you all see this? he had a pighead on a stake and the police hat was on the pighead with an apple in the pig's mouth. there it is right there. pete: absolute demonization of law enforcement is what you see from the other side of this. and to hear ben crump, the attorney stand at the podium and say this was an intentional act? ainsley: he said it was deliberate. pete: that is throwing gasoline on a fire. you can look at that videotape and it's -- we will have due process. we will look at this. this woman has been 26 years on the force. she was training a trainee in the process whether this happened. apparently has exemplary record. the head of the police union. a member of the community. made a really tough call, the wrong call and tragically someone was killed in that moment. that due process is what got her police chief fired calling for due process. and very few people are willing to have the conversation we should have which is daunte

wright should be alive but if he had complied he would be alive. ultimately there was an arrest ongoing because there was a warrant for his arrest after this traffic stop. he decides to fight the cop. when you decide to fight the cop you escalate the situation. she didn't make the right call. he shouldn't be dead. i'm not excusing that but when you fight back, you create a tragic -- the possibility for a tragic situation. ainsley: she was trying to do her job. she made the wrong call. pete: yes. ainsley: training someone else two days ago and now behind bars. a mother is without her child. a family is grieving. it's terrible every way you look at it. brian: yeah. she was able to get out. she was bailed out last night. remember, she did resign but the mayor will not accept her resignation. why? doesn't want to get her pension, i guess. that's the big thing. there is so much going on here that is disturbing. number one the city manager getting fired for saying she deserves due process. benjamin crump as you just mentioned, pete, saying she did

it on purpose. you heard full sound on the video. the police chief gives a press conference and it's full of activists who are yelling at him as if he is at a rally or showing up at a protest instead of taking questions from the press asked to come out twice. the next day he is out. so, how many police chiefs are they going to go through and how many nights is this going to happen? four straight nights. last night i think there was 24 arrested. the night before 40. the night before that 4. ainsley: folks on the ground said it was a little bit more peaceful last night. most of the protesters were peaceful. pete: not to mention governor kim walls who accelerated it. it total lack of it common sense. brian: your state. pete: you are welcome. ainsley: jillian had has headlines. jillian: anthony blinken makes unannounced visit to afghanistan. he plans to tell about the biden administration's plan to pull

all of the troops out of the country by september 11th. we are expecting blinken to hold a news conference in about an hour. we will continue updates on this breaking story. meantime rescue efforts this morning for 12 missing crew members from a capsized commercial vessel. one body has been found. the coast guard releasing new video from an aircraft searching for survivors off the coast of louisiana. the lift boat used to transport workers to oil rigs and platforms flipped over amid high winds. six people have been rescued. johns hopkins and johnson's covid-19 vaccine remains in limbo as the cdc panel linked to a rare blood clotting disorder as distribution of the vaccine remains on pause some experts wonder if halting the one dose shot is overreaction. here is. >> even if there was a direct link i wouldn't shut down the recommendation for irving. if there is going to be a pause, make that pause in the group where the clots are observed.

jillian: the cdc advisory panel says it will make a decision in a week on whether the vaccine is safe. if you dream of being on reality tv and going to space, get yesterday for this. nasa has signed an agreement with a new reality tv competition space hero. they will allow the show's winner to travel up to the international space station for 10 days. the number of contestants and exact format has not been revealed. contestant will undergo rigorous training and tests that push them mentally, physically and eno emotionally. i would 100 percent be interested in this without the whole grueling part of that. brian: we will sponsor you. let's get a sponsor. you should do it. pete: i would watch. ainsley: you really have an interest in going to space? jillian: i really do. brian: you can't golf. pete: didn't they golf from the moon, brian? brian: that's true so i stand corrected. right, you can probably golf. jillian: i would take my clubs my favorite my 7 iron.

pete: thank you, jillian, appreciate it. well, as border facilities fill up, the feds are pushing for states to take care of migrant children. south carolina governor henry mcmaster shares why he is denying the request. that is next. brian: brian reads from here. and we have been following the feud over critical race theory over loudoun county, virginia. while those schools are a problem. parents are taking their battle to the ballot. what action they're pushing coming your way straight ahead. ♪ ♪ cell phone repair. did you know liberty mutual customizes your car insurance so you only pay for what you need? just get a quote at libertymutual.com. really? i'll check that out. oh yeah. i think i might get a quote.

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pete: nearly 19 now, unaccompanied migrant children crossed the border in march alone straining already overwhelmed border facilities. now the federal government is calling on states to help out. but in south carolina the governor is refusing. instead, making sure children already in his state get the care they need. governor henry mcmaster joins us now. governor, thanks so much for being here and, by the way, ainsley sends her regards wants to say hello on her behalf as well. >> thank you very much, hello, ainsley. pete: absolutely. how did you find out that south carolina might be the destination of migrant children and what are you doing about it? >> well, we got inquiries a couple of weeks ago or more from the biden administration asking how much space we had as our foster homes and, of course, our foster homes are full. we have about 4,000 children in there and don't have room for all of them. there may be a vacancy every now and then. we don't have room for children

from another state or much less another country, particularly when the flow of those children and others could be stond just by building the wall and doing the things that the trump administration was doing on the mexican border. pete: governor refresh your recollection confidential this comply. does this mean they can't or will they still try to circumvent it. >> they could try. means they have a fight on heir hands and will have a fight on hands with other governors around the country. this is not the people of south carolina's fault. this was not our responsibility. this was made biers, misjudgments and a bad policy on the border. i was there last week. i saw the trump wall is big, it's beautiful. nobody can get over it. they stopped it looked like midday you got tractors, excavator, all sorts of new equipment, millions of dollars just sitting there concrete getting ready to get poured. and while we are sitting there looking at it down yards away a

hundred yards away you got people jumping over the little fence that the border wall, the trump wall is there to replace. they are jumping over the fence and trying to run into el paso. we saw it went to del rio and el paso. we have got to build that wall. this is a big mistake. the biden administration ought to admit that donald trump had it right. we have got to build that wall. if we have the wall and strong policies at the border, we don't have these problems in the state. we have enough problems in the states right now without having this added to it. pete: yeah. this is not just a border issue, this becomes everyone's issue. what you are saying is south carolina kids. got enough to provide. on your trip from texas i believe you were visiting south carolina national guard troops as well. correct. >> that's right. we have about 300 of them there. both in del rio and el paso. tremendous -- this is not the national guard's fault. it's not the border patrol's fault. they are doing the best they can. and they are doing very well. it is impossible to stop the

flow of illegals across that border when you have got the coyotes and the cartels they have switched to smuggling children and people instead of drugs because it's more profitable. it is impossible to stop them without a strong wall, the trump wall there the biden administration ought to admit they messed up because the states are not going to be left holding the bag in trying to solve this problem for an incompetent biden administration policy. pete: that's ultimately what they want is to hand it over to states to take care of the problem they created. henry mcmaster, governor of south carolina. thank you so much for sharing a this morning. >> any time. pete: you got it. she stood by her husband's side after he was blinded while serving in iraq and became a major voice in the push to reform the v.a. and she is taking on the democrat senator from washington state. tiffany smiley on her run for congress coming up. and from our friends at fox bet. download the fox bet super 6 app. and play for a chance to

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jillian: good morning and welcome back. the widow of this new mexico officer killed in the line of duty takes steps to launch a wrongful death suit against dhs. gabriella says her husband was asked by federal agents to conduct this traffic stop that ended in his death. she says dhs botched the operation failing to give darian jarrett proper backup this as new mexico police revealed the suspected shooter had a violent criminal history. no acquittal for exofficer derek kavanaugh in george floyd's death. denied the request yesterday this as a defense expert testified that floyd's death was the result of heart disease. >> significant contributory conditions would be are since i have already put the heart disease in part one, he would have the toxicology, the fentanyl and methamphetamine. jillian: the testimony contradicts prosecution experts

who said floyd succumbed from lack of oxygen the way he was pinned down by police during his arrest in may. a reporter grills white house press secretary jen psaki over racial equity after president biden reverses trump era abortion rules for title 10. >> how is it equity how is it fighting systemic racism when abortion as we all know affects minority children. >> funding cannot be used by this for borings. jillian: abortion. jillian: public comment period for the proposed rules begins this afternoon. and two women capture their hilarious encounter with a small alligator inside their florida home. watch this. >> this thing was hissing at us. it tried to eat. this i don't want to hurt you. i just need to you leave. yes, yes. bye, bros. thanks for vnging out. >> that thing is kind of cute. the women finally getting the

baby gator to leave after pushing it to the door with a swiffer mop. florida, that's going to happen if you leave your door open, brian. psa don't leave your door open. brian: absolutely they are dinosaurs. thanks, jillian. 30 minutes before the top of the hour. florida minnesota police officer kim potter in the fatal shooting of daunte wright. the deadly encounter sparking unrest. clashed with four nights a row. portland set fire to police headquarters. that's every day over there let's bring in lisa parker. manchester new jersey police department and seattle police officer guild president mike so solon. first, mike, to you, do you think it was right to charge this 26-year veteran with manslaughter. >> it's definitely a tragic loss of life. just as these are tragic i think

better training for the officer could have prevented. this it doesn't appear to me that there is any racial overtones here. this is just tragic human error. this happens sadly more often than not in the past 20 years that's been the case and for me it's just one of these instances that is just so tragic that if training would have been better more highlighted nor i don't think we would be in this position. sadly, i think people are using this to exploit political moves against law enforcement and create their own agenda here. and it's very sad predicament that we are in. >> chief, when you see how this took place, we can see the whole thing on video each hear audio. this is an extremely experienced officer with a great record. 26 years on the job was actually training somebody else. have you heard of that before when you -- has that ever happened to you where you mistake your taser for your gun? >> no. thank god that's never happened. as far as i know in the state of

new jersey. but taser weapon confusion does happen. there are cases of it. and actually the will institute reports it has happened 18 times since 2001. can you see it is very rare when it happens. law enforcement executives do think to mitigate that along with sung matter experts. what we do is we make sure that the taser is a different color. a different weight. it's on your nondominant side. we do a lot of training, extensive training under stress, particularly transitioning from your taser to your weapon. these are all things that we have to do to mitigate it but there is one thing, brian, that we cannot mitigate and that's human error. and sometimes when people have sensory overload, all the things that we put into place still do not overcome something that you do more regularly and as a seasoned officer, she has done her draw stroke from her dominant side using her duty

weapon and that was her go-to. unfortunately it resulted in the tragic loss of a child, a 20-year-old man. brian: 20-year-old who was obviously resisting arrest and trying to get his car and drive away. >> true. brian: as i go to you, mike, the minnesota police union blames daunte wright for his own death trying to hop no his car and drive away when there was outstanding warrant for choking and trying to steal $820 from someone in 2019. >> i think the overlying thing in that encompasses a lot of these shootings and they are all tragic is in the suspects would just comply we wouldn't be talking about this. there wouldn't be a tragedy. and then we can have conversations about police training and human error. and i totally agree with the chief. these are rare but they happen. and if people would just comply instead of blaming police then i think we would be -- we would have a better conversation.

but this unrest clouds this conversation and we don't get anywhere. and i think it's disingenuous for our politicians and activists to solely blame police where, yes, we will own piece of it where we are humans we make tragic mistakes. more importantly there needs to be culpability on the other side of this. because if people do not comply as we have seen in these viral videos they end up in this fashion. brian: the thing is, chief. as mike was saying, about politicians, former president barack obama says it's time to reimagine police, congresswoman tlaib basically says, the law enforcement has never -- can never be trusted should basically be disbanded in a ridiculous tweet from two days ago. where do you go from here when leadership is calling for things like that? >> well, when political leadership use use those words they are really talking defund the police. many times that happens by minimizing the budget. so law enforcement executives are working within the

constraints of smaller budgets. and what happens when you have smaller budgets? the easiest thing to cut is training. brian: yep. >> >> this is exactly what we are saying we need more of. you think of athletes train five days a week for the game that's on saturday or sunday. right? and we have police officers who train sometimes just twice a year. we need to always amp up our training. we can never cut our training. during covid, our attorney general said that we didn't have to qualify with our duty weapons. we didn't do that we went out to the range in smaller groups because firearms is perishable skill. of. brian: chief lisa parker, mike solan. thank you for joining us. >> thank you. brian: pushing back critical race theory in the classroom

with a plan to overhaul the school board. how they will keep their children's education from being hijacked by special interest. take note other parents who are watching. being a good father is important to me so being diagnosed with advanced non-small cell

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having me. ainsley: you are welcome. why did you start this pac. >> you know, for the past three weeks, four weeks, we have had a ton of outreach from parents. it really started with, you know, loudoun county republic schools. public schools. school board members making lists of parents opposing or questioning critical race theory or even opening schools. so we had conversations with hundreds of parents and teachers across the county and it was really looking for a way to channel that energy and make some changes at the school board level and at the administration level. so we put together this pac, fight for schools.com where we are going to use the political process. we are going to use traditional political means as mail, polling, et cetera, we will try to recall those six school board members that were part of that list-making group. pete: so, it's a great idea. i think for the longest time conservatives and patriots have not paid attention to the object right in front of us school boards and curriculum that's

glaring. what are your chances of success? i mean to ultimately are these school board members journal? are they beatable and what would the change be if they are? >> yeah, i think we have a good chance of success. look, i mean, the process is you have to go out. you have to get signatures. you have to get enough signatures to represent 10% of the total votes cast during the last election. that was 2019. not a huge turnout. you know, a lot of times it amounts to about 1200 signatures per district for each school board member. so, you know, we are looking for help, obviously, collecting signatures. we want to raise awareness. we want to advocate. we want to communicate with the parents. the folks that are interested in helping us out certainly can go fight for schools.com. but we are very excited. as i said i have heard from teachers, students, parents and really across the ideological spectrum. this is not a republican or democrat thing. brian: you want to get the kid back in school you have questions about the curriculum they won't even give you the courtesy of a response. try to come up with an attack plan to take down.

they didn't know who they were messing with your background. you have the formula for success. get back in their face and mock them. why is that so effective so far for you and you want others to pick up that mantel? >> they take themselves so seriously. they believe in the righteousness of their cause and they are completely unable to see the other side. they really use cancel culture and labeling and calling people racist or fascist or sexist. but once you push through that and you show the absurdity of their position. they really can't argue. so what they do is they hide behind these statements that you know, they say we don't teach critical race theory in schools. no culturally responsive learning it doesn't take more than five seconds on the google machine to see that culturally responsive learning is critical race theory in action in the education system. ainsley: we did reach out to the county school board for comment. we have not heard back. we also want you to weigh in on this. today at 11:30 this morning. they will have -- democrats are going to have a news conference on the steps of the supreme court because they want to add four justices.

they were going to look and see what the commission found out over the next six months but now they are saying they are ready to tack pack the courts. what were your thoughts. >> this is an attack on our democracy. we heard the past four years that president trump was attacking our institutions. brian: every day. >> what is this? you were trying to change the supreme court. fdr tried it in 1937 when he had quite a mandate and he failed miserably. this is an attack on the very foundations of the checks and balances of our country and everybody should roundly reject this. brian: ian, guess what? if they blow up the filibuster they could pass, this couldn't they? >> well, right now, you know, i like to call them president joe manchin because ultimately he is the one that has the most power in this country. it's going to be up to folks like president joe manchin, senator kyrsten sinema in arizona to hold the line to not get rid of the filibuster and to not change our republic like this. pete: ian, aren't these topics tied together if you are teaching critical race theory

and 1619 that america was never great it's defined by its sins and ultimaly the left, if you view america that way will use any lever tear down institution no big deal. >> absolutely are correct. this goes through all levels of government whether it's your local school board, whether it's the senate, u.s. senate, house of representatives, the presidency. enough to they are trying to change the supreme court. these are the very checks and balances that help protect parents when he they sue school changes to make change. if they find heir way to a supreme court that's been packed that is wholly a political body, then there is going to be no resource for americans anywhere. brian: absolutely. people should understand this is not democrat or republican. it's right and wrong. and 11:30 today that's all going to be about wrong. ian, thanks so much. appreciate it. thanks for having me. ainsley: janice has the forecast for us. hey, j.d. janice: good morning. yeah. we have all sorts of weather to cover this morning. including flash flooding and snow. so let's get to it we have colder than average temperatures

across the northern and central tier of the country and then warmer than average for the south, including the gulf coast. the potential for heavy rainfall as well as, perhaps, severe storms including large hail, damaging winds, maybe isolated tornadoes right out of new orleans. we have a severe thunderstorm warning that has just expired but we still have those flash flood watches and warnings that are bringing all of this moisture streaming in from the gulf of mexico. the further north we go across the rockies and the central u.s. colder than average freeze advisories are in effect and heavy snow in the forecast for the next 12 to 24 hours. can you see that across the rockies in towards the plain states. and then we have know in the forecast for the northeast, including upstate new york in towards new england where we could get several inches of snow. perhaps a foot or more in the mountains. so, yes, sometimes in april it snows. pete, ainsley, brian, back to you. ainsley: it's that transition period. slowly inching in to spring.

janice: yep. brian: puts liner back in our jackets. pete: spring identifies as winter here. ainsley: 7:47 on the east coast. thanks, j.d. she stood by her husband's side after he was blinded while he was serving our country in iraq and became a major voice in the push to reform the va and tiffany smiley is fighting to improve her home state of washington and take on the democrat who has represented them for almost three decades. she is going to join us to tell us all about herself coming up next. ♪ ♪ and you will know our love was meant to be ♪ one fine day ♪ you're going to want me for your girl ♪ so you only pay for what you need? i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪

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♪ ainsley: she was a voice for her husband 16 years ago when he was wounded by a suicide bomber in iraq. she was a voice for veterans when she worked with president trump on v.a. reform and now she hopes to be a voice for washington state challenging long-time democratic senator patty murray. joining us now republican senate candidate tiffany smiley. good morning to you, tiffany. >> good morning to you, ainsley good to be back on with you. ainsley: great to see you again.

why do you want to run for senate in 2022. >> i'm running for the united states senate to bring common sense solutions to the unique problems that are facing washington state families and our brilliant youth here in this state. lack, my opponent is a career politician. she has been in for almost 30 years. and if we -- we have seen anything over the last year is that people are struggling. i'm a mom. i'm a nurse, i'm a military caregiver. i'm a small business owner and i am talking to people every single day in our great state and they are struggling. career politicians are not the answer to our future. and 16 years ago this month, i walked in my husband's hospital room in walter reed medical center and told him he would never see again. that same day i went up against the united states army and told them i would not sign his medical paperwork i have a proven record of taking on the government and winning for the greater goofed people. i took on the v.a. when others

said that was impossible that i was actually wasting my time but we won. so i have no doubt going into the future that we can do great work here in washington state and i'm ready to be that voice. ainsley: by not signing that paper that consent form to immediately discharge your husband he became the first active duty blind officer in the army. what has it been like for him serving blindly? >> it's been a family effort, it's been a team earth. we have stood by each other's side the whole way. continued service for another decade. all three of our gorgeous little boys were born in different cities across the great united states. scotty has never seen our kids. ainsley: wow. >> they were born after he was blinded. but, we teach our kids on a daily basis that when you have the opportunity to do good and to make an impact in other's lives that you stand up and you go out there and you do what you can do. we don't always, you know, know how or have all the right answers, but we, are as a

family, certainly know what's right and i will always stand up and fight for what's right for washington families. ainsley: so tell us about the democratic senator patty murray, i know you told our producer she has failed families in your state. why do you think that? >> she has been here for 30 years. she is propping up a failed healthcare system that is not working, it's not serving our families, she is increasing government control and spending. the increased spending is going on our children's credit card and that is not okay for us. ainsley: how close was the election when she ran the last time in 2016. >> they haven't had an opponent like me. [laughter] so we are ready to take this fight to bring, you know, people out of the woodwork and maybe haven't been involved or haven't voted, moms our brilliant youth in this great state. we have a proven record of winning, and we plan to do that in 2022. ainsley: well, thank you for being a voice for your husband. thank you for your service and his service and for being a

voice for all those va families. you helped with that reform with president trump. we appreciate it. >> thank you. yeah, we have a unique opportunity. join us, you know, at www.smiley for washington.com and let's send a loud and clear message all the way from washington state to washington, d.c. that we need a common sense problem solver in our senate. >> ainsley: all right. tiffany, thank you. we wish you all the best. >> thank you. ainsley: you are welcome. we did reach out to senator murphy's office for a statement we have not heard back. coming up senator marco rubio, charles payne and more of the day's top stories ♪ many ♪ ♪ ♪ you need a financial plan that can help grow and protect your money. an annuity can help cover essential expenses in retirement. have the right financial professional show you how... this is what an annuity can do. bipolar depression.

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>> democrats are expected to announce their plan to add four more justices. >> this is unadulterated court packing. >> radical takeover of our country. >> time to end america's longest war. >> parents group water campaign over critical race theory. >> we are going to try to recall school board members. >> second-degree manslaughter

charges set against kim potter. >> 10 years in jail. >> feds pushing for states to take care of migrant children. the governor is refusing. >> this is not our responsibility. >> a no-hitter. ♪♪ >> live shot of miami, florida, joined by ainsley ehrhardt and brian kilmeade. what is your affiliate in miami? >> i interviewed mayor suarez for fox nation, recruiting out of this city to bring tech down to miami.

brian: you cannot tell people in miami to take your shirt off and go home. it is 11:00. ainsley: i made the comment, to those skyscrapers, so many people talked to me about that comment in the news we cover. steve: collective bargaining. ainsley: you would have a lot more money in your bank account. brian: i would be happy without winter. >> in marietta, georgia, they are sending the cake to you. i think we will have it tomorrow on the show. they are going to try. ainsley: thank you, the marietta diner. >> they love all of you. ainsley: you stole brian's walk.

brian: griff jenkins checks out what is going on as well as the steps of the supreme court as democrats are expected to announce their plan to add more justices to the court. >> reporter: that is right. progressive democrats showing no patience when it comes to court packing and that is what they are going to do here in a few hours, unveil a decision to add justices. the house judiciary chairman jerry nadler along with hank johnson, what they are going to do, change the current number of 9 to 13, four additional justices. the current makeup of the court, justices barrett, brett cavanagh, neil gorsuch, chief justice roberts, three liberals, sonja sotomayor. president biden's change of heart is a far cry from where he was in the 80s as a member of

the senate judiciary committee, on the campaign trail last year. >> it was a bonehead idea. it was a terrible terrible mistake to make. >> there has never been a court appointment once the election is done. >> it didn't sit well with the most liberal members of the court, liberal icon ruth bader ginsburg and stephen right. >> think long and hard before putting those changes into law. >> a bad idea when president roosevelt tried to pack the court. >> reporter: this is causing a twitter feud between one of the democrats sponsoring this legislation and conservative republican jim jordan tweeting

at jones saying does this count as infrastructure? jones saying you bet it does. is this going to happen? the senate is split 50/50, it will take 60 votes but special-interest groups are not sitting idle. in the last few minutes the conservative judicial crisis network intends and add by of $1 billion to fight the court packing. pete: i would think democrats have a problem with it. democrats, house and senate will be there. is there a swearing-in ceremony for the squad members? not sure but citizens united, dark money in shelby county, scotus good the voting rights act of allowing them to become law. scotus gave partisan gerrymandering and seal of approval, expansion is the only way forward.

the way he outlined it, agree just errors, we have to blow it up. ainsley: republicans secure the supreme court under donald trump, he got 3 of these justices on the supreme court. there were at one point a long time ago ten supreme court justices on the court but they settled with nine back in 1869. it has been 152 years, this is the way it has always been, fdr tried to pack the court. >> a massive majority and massive mandate and he was rejected. the crazy part about this, members of the press conference, all democrats, we want to wait for this commission, he hid his stance during the campaign, don't know if i'm for court packing or not, a radical idea, they are saying this is what we are for, during the biden administration. this is radical. it is ruthless. this is a sheer political play.

ainsley: the president said all these things before and now is changing his tune, who is making the decision? pete: the far left is driving this train, the commission is a laundering exercise to say the commission which is already stacked, comes out and says we should pack the courts and the white house is the expert say we can pack the court. brian: sounds like lack of coordination. early in the evening, listen to this. >> it dispenses any pretense of principle to be a rob muscle play like a hostile takeover of the court and i don't understand the political logic. what concerns me is this is a

test of principle for democratic members. i will be watching to see what senators, what house members step forward and say this is rock court packing. we talked about the size of the court, many of us talked about expanding the court over the years, this is raw unadulterated court packing. brian: one radical move after the next, republicans are fear mongering by saying they will pack the court, and dc is the 50 first state, within 24 hours they announced the movement to make dc the 50 first state. ainsley: they have a year and a half until the midterm elections, a year and a half to totally change america, shutting this in. pete: they accuse donald trump of tearing down norms and here they are walking up to the podium, the chair of the judiciary committee saying we want to pack the court.

pete: another reason the house and senate could go to republicans is lack of leadership on the border, it is a nonpolitical issue, there is right and wrong, governor greg abbott and governor doocy of arizona and texas writing editorial asking for federal help saying the us border patrol is overwhelmed, local law enforcement is overwhelmed, nonprofits overwhelmed, they are asking for federal help and not getting it. the vice president, who has given the portfolio three weeks ago says she will eventually go to guatemala and maybe mexico but will not be going to the border and look at this footage. this is from california. >> grainy video of the 2-year-old child being dropped down into his or her father's arms.

18 foot wall, her father, the child. the san diego sector chief control, and 18 by border wall, and the child was not injured. >> wherever you are coming from, the border was -- the video from new mexico, the video we just saw from san diego of the girl being dropped her that is similar to this one, 3 and 5-year-old dropped over the border in new mexico so jarring images that remind of the human cost of lack of policy. this is right and wrong, and what is wrong about it at all,

and from their perspective, they allow smugglers to throw them over walls. >> those our children. just getting them to the wall, they get to stay, and united with their parents eventually, and it is completely wrong. we don't know what is happening to these kids. they come to the border, what do they go through. >> i don't know people get a chance to see it but trey gowdy said problems and the reason the vice president has not gone to the wall. he condemned donald trump and the trump administration, for putting kids in terrible condition, these are worse, to condemn soft sided and soft sided facilities, this is worse, the numbers are greater so how

does she go down and condemn what is happening, and >> she's looking for the root calls of migration crisis, and if you want to know -- the republican party, we are going to decriminalize access to this, sanctuary cities fine, and people come here because of the way people talk about the industry. >> >> you fix that and the problem gets worse for citizens and agency. ainsley: if your bathroom is flooded your kitchen is flooding the first you do is turn off the faucet.

>> i taught root cause, you want to get to root cause, talking about families, incentives, job prospects and everything, drugs, cartels, you won't do that with a few billion dollars. you need a lot more than that. you can't do the common sense things donald trump did, secure the citizens -- >> and take your aid away and that got their attention. and the respect. 13 minutes after the hour. turning live to steve harrigan in minnesota. that is an area. base see a fourth straight night protests over the shooting of daunte wright over the weekend. >> reporter: 500 people throwing bottles, rocks at police, 200 of those people were arrested, no reports of fires or looting last night. the officer involved in the

killing of daunte wright was arrested yesterday and faces sixth degree manslaughter charges, they can bring a penalty of 10 years in jail. she was released on 100,$000 bond, is expected in court later this afternoon. the former police chief said this was an accident and palestine to use her taser, the family disagrees with that assessment, this was no accident, this was an intentional, deliberate and unlawful use of force. all this happens as the derek chauvin trial was just 10 miles away, all putting plywood over their windows in fear of violence. pete: it is inflammatory, thanks so much. ainsley: the family of daunte wright will have a press conference asking for the charge to be murder instead of second degree manslaughter.

pete: irresponsible and inflammatory response. talk about due process, you are going to be fired and you are out. steve: tell us what is happening in the news. >> reporter: the suspect in a deadly scar jacking and officer shooting is arrested. carry older is accused of shooting joshua in the chest, shoulder and neck during a traffic stop. police say older and others fled the scene and carjacked a 61-year-old woman. she was shot several times later died. the officer is recovering in stable condition. four suspected ms 13 gang members are stiffer nypd officers spotted carrying a dead body, law enforcement telling fox news they wrap the woman's body in a blanket, carried it out of the building and placed it in the trunk of the car. the officer followed them for a mile before pulling them over and finding the dead body in the

trunk. all four men are behind bars, the woman has not been identified. the biden administration is expected to announce sanctions on russia. the white house putting together its first major retaliation against moscow for last year's hack on election interference. they are advancing 100,000 troops and tanks tainted with so-called invasion stripes to the ukrainian border in military exercises. then there is the story, 93-year-old veteran finally gets his high school diploma. he graduated from elven high school in texas, 75 years after being drafted to the military one semester short of graduation. after serving in the air force and a long successful career as a processing pilot he is now a high school graduate, his great-granddaughter by his side who is graduating this year. congratulations to both. love that. pete: thanks.

ainsley: president biden ordering all troops out of afghanistan by september 11th. florida senator marco rubio once leaving the country entirely could put americans in danger. . you mastered the master bath. you created your own style. and you - yes, you! turned a sourdough starter. into a sourdough finisher. so when you learn your chronic dry eye is actually caused by reduced tear production due to inflammation ...you take it on by talking to your eyecare professional about restasis®... ...which may help you make more of your own tears with continued use twice a day, every day. restasis® helps increase your eye's natural ability to produce tears, which may be reduced by inflammation due to chronic dry eye. restasis® did not increase tear production in patients using anti-inflammatory eye drops or tear duct plugs. to help avoid eye injury and contamination, do not touch bottle tip to your eye or other surfaces. wait 15 minutes after use before inserting contact lenses. the most common side effect is a

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supply setback, north carolina is there is the furniture capital of the world. the status of the hinge increasing demand and low supply. grady trimble joins us live from hickory chair furniture company with the latest. normally surging demand is a great thing in a business like

this but the problem, the going to these chairs at hickory chair furniture company. i'm with the ceo, your biggest challenge is oddly enough getting the phone. >> at a time when orders at an all-time high, struggling to get material, petroleum producers had a hard time -- demand is extraordinarily high. the winter storm in the gulf which damaged our infrastructure, we've got a real challenge. >> reporter: the weather in texas was two months ago, we are seeing the effect of that. a lot of people doing home improvement products, buying new furniture.

what is your message as you experience a back log of weeks and months? >> the patient, the supply chain is challenged in every aspect. accessibility of that material has a lot of timeline. manufacturers like us have backlogs 2 and a half times larger and takes time to work through that. we ask you to be patient, a wonderful beautiful product, we ask you to wait a little longer. >> reporter: be patient, it is coming. it might take a little longer. pete: in wisconsin the supreme court is dealing another blow to governor terry evers warning he doesn't have the authority to place capacity limits on bars and restaurants, and struggling from the restrictions forced on them, city leaders. one of them is the owner of the

packing house restaurant in milwaukee, the wisconsin institute for law and liberty, let's start with you. overruled for capacity restriction is almost retroactive, they shouldn't have done that because most restrictions are lifted now. >> this is the third time the wisconsin supreme court has told governor evers that he responded improperly to the pandemic by acting unilaterally. in this case, to use a process called rulemaking, involving public notice, public comments, legislative oversight but repeatedly declined to do that. >> the court is diminishing emergency powers. future leaders or him if there are future moments of temptation to put in capacity limit.

you still face restrictions, the city of milwaukee, 50% capacity restriction, milwaukee can impose these restrictions, overruled statewide restrictions. >> thanks, appreciate the opportunity, they tell us the safety plan of the health department, also to maintain social distancing which restricts capacity to 50% and the next criteria to 100%, 80% of city residents vaccinated. 80% is completely unreasonable. >> >> for you to make your own

decisions, much of the state is starting to reopen and the supreme court last week rejected the mask mandate. and without capacity restrictions. otherwise -- if we don't. >> why do we travel into milwaukee when we can go somewhere else that is much more open. anything that can be done about this disparity, cities locking down, >> >> >> a different part of the law. doesn't provide the many relief.

and unfortunately, litigation will proceed forward attempting to define those limitations and helping business owners like chris, sort of an island restriction amid a sea of estate opening up. pete: when we step back at this moment we look back at the last year and restrictions put on us, a lot of time in minnesota, worse in minnesota, lockdowns, a lot of people moving to wisconsin, what is your biggest take away what government is trying to do. >> it is important that we not lose our head, throw out the constitution and not worry about things that seem like they are hampering the ability of government at a time when we are afraid these protections, of law, constitutional liberties are most important and has to be assiduously respected.

pete: thank you for your expertise. the restaurant is the packing house restaurant in milwaukee. if you're in the area check it out. the temptation to stay somewhere else. fight the fight, thank you. still ahead as major companies condemn stricter voting laws i virtues signaling walmart says they will not cave to pressure from the left. charles payne on the business of politics. friends at fox that, delano fox of it and play for a chance to win 10,$000, predict 6 outcomes in the super 6 quiz show. topics range from entertainment to sports. free to play, download the super 6 apps now.

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saying, quote, we are not in the business of partisan politics. you to react is a man who lives his life in the business world, the host of making money, charles payne. a weekend zoom meeting of the 2 page ad in the new york times getting involved in politics and walmart isn't is news? ainsley: >> i wish i could say i am shocked that we have been barreling toward this. the chamber of commerce and business roundtable changed the definition of what a corporation was, no longer to run a great business and put money on the bottom line, it became today coulters and the environment and suppliers and a lot of other things. it started to muddy the waters. the pendulum started to swing a long time ago. we have the big e sg movement, if all of this -- pete: the energy movement.

>> environmental, social and governance where you are graded, this is so impactful, it will move stocks, your e sg rating so you have to be -- show governance, certain things, interesting thing because trillions of dollars being poured into this movement, right now it is all lipservice and walmart got it. ironically i think coke got, delta got it, they were in the center of this whole thing in atlanta. they did not sign this letter. between those two times, they said we are on the verge of crossing the woke rubicon and once we crossed it we can never cross it back again.

that means we drop in with these folks, anything they say we've got to agree with. we have to distribute our profits to the stakeholders, not shareholders. that means we've got to do certain things. talking about a complete upheaval of corporate america and the other thing, we are talking laws in 43 states, 253 laws. do we believe somehow the ku klux klan is in charge in 43 states. let's be honest about this. most of them could not have read all of those laws. they are applying their name and reputation to destroy legitimate effort by people who say we want a better election system. i am so sick of it. my plea to corporate america is if you want to do something do something tangible. this morning about an hour ago blackrock one of the signature companies on this letter reported earnings, $1.2 billion in the last 3 months. that is not what the revenue was, that's what they made, that was their bottom line for 3 months. they pledged $5 million for racial organizations like the

black lives matter, and black entrepreneurs. that comes out to 0.0083% of what they earned in the last 3 months. you can build community centers, educational research output, there are so many tangible things you can do if you gave a damn and this virtues signaling, this lipservice has to end. it is embarrassing and making things worse. they are dividing america, not uniting it. pete: read the law, what it says, texas, your opponent going to boycott 41 states good luck with that. among the companies that signed it, netflix, blackrock, warren buffett, google, amazon, gm and starbucks, koch, delta and jpmorgan. watch making money at 2:00, that passion.

>> big day, record for the markets, retail spending through the roof, let's make some money. pete: coming up straight ahead, democrats are set to unveil a new proposal to add four supreme court justices to the supreme court. marco rubio fired up about that and more. oduciusa.efiplus from y refiplus lets you refinance at near record lows plus get cash. with home values climbing, now is the smartest time ever to turn your home's increased value into an average of $50,000 cash. refiplus. it's new, it's only for veterans, and it's only from newday usa.

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[sfx: psst psst] allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! all good put together a national commission of bipartisan commission of scholars, constitutional scholars, liberal, conservative, and i will ask them over 180 days come back to me with recommendations as to how to reform the court system because it is getting out of whack. it is not about court packing.

a number of things constitutional scholars have debated and i will see what recommendations they might make. brian: that was candidate joe biden outlining what is commission on court reforms will look like but that doesn't seem to matter to democrat lawmakers unveiling legislation today that would pack the supreme court. you before here is marco rubio. do they have a shot at this? >> i don't think so but we have to fight it. they change the rules, off the table at that point and was could happen but they have been wanting to do this for a long time. there was no problem with the court until a republican president was elected and started appointing people to vacancies. the courts have been where they have done things for 25 years but couldn't get done, couldn't get a bill passed in congress, couldn't get a bill passed by state legislatures so they went

to a court and got it done. now that there are conservative judges interpreting the constitution the way it was written on the bench they have a crisis in the courts that needs to be looked at so this is a pure political ploy, hardball politics. it is sad it is not being covered that way by most outlets but that is what it is. brian: the only way to pass it is to get rid of the filibuster. do you think democrats are on board with this? many of these guys are lawyers, they have to have respect for the constitutional process. it has been in place since 1869. >> privately, they would tell you they wouldn't do it because once you do that, you add 2 more justices to the supreme court you can get the majority of that you are pointing and on the other side, 30 people, 40 people, that and mean it couldn't happen. the pressure that comes on these guys, the beating they take from the far left, the threat to

primary them, the majority leader in the senate, they will come after these guys so ultimately you see people do what they know is wrong. brian: chuck schumer is concerned about that primary and is ready to go as far as necessary. we've got to get your comment out but it just happened that biden issued an executive order declaring russia as a threat for national security. a portion of it, i hereby report i have issued an executive order declaring a national emergency with respect to the unusual and extraordinary threat posed by specified harmful foreign activities of the government of the russian federation. what do you make of declaring

russia and their threat a national emergency? >> that is not a statement. what it does is it gives the president emergency powers to do certain things in response to the solar wind situation. my guess, not my guess, pretty certain the reason you do an executive order, it now opens up extraordinary powers on the executive branch taking specified action that might not otherwise be there. we've seen these in the past to allow the imposition of sanctions that might not be statutory only authorized was my guess is that is what it is. that will be a response, serious breach of the supply chain breach so what they did, a software a lot of people use, getting into that software, all kinds of businesses that use that software and it wasn't just

solar winds, but it is not just the russians, the chinese are involved in this, the iranian's wants to do these things, this is an ongoing threat that impact every part of the economy and vulnerabilities in the country, not just elections but water, and infrastructure, power plants and things of this nature. it is a serious situation. ainsley: they support president biden withdrawing all us troops from afghanistan? >> i wish the situation in afghanistan were different, that an afghan government was strong and taliban and that was headed toward complete but that is not, the trump administration declared on may 1st we were leaving. once that was put in place, my concern at this point is the following, that it is tragic, they will take over a large portion of it. it will be terrible, imagine if you are an afghan woman or girl

going to school. to go after the taliban and, that is terrible. what i'm concerned about is al qaeda in afghanistan, find a safe paving and sustained pressure being able to a stack us in the homeland. we have a plan to sustain pressure on al qaeda, we face the same threat we face september 11th, 2001, that is not acceptable. brian: a looking glass into china and pakistan and iran and russia, we will turn it over to those that in many cases outline nations, we haven't lost a guy this year and last two last year and more lost in training accidents so they are playing a major role.

joe biden's record on being wrong on every national security issue throughout his career. >> i would say about afghanistan it is unfortunate. there comes a point where engagement ends, we can't be there forever. a drawdown by the trump administration, the afghan government, nevertheless situation to walk away from them but concerned about what if al qaeda comes back in. pete: she raced the law and the law won. let's check in with dana perino for what is coming up on her show. >> it is official democrats are going to lay out their plan to

take over the supreme court conservative majority. we have karl rove, andy mccarthy and kenneth starr. biden's secretary of state landed in afghanistan one day after biden said he withdraw us troops from afghanistan. senator tom concert in afghanistan. we have much more from the overcrowded migrant facility in texas, a live report coming up. [music and sound effects played in reverse] this...is our shot. the covid-19 vaccines are ready. and so is walgreens, with pharmacy experts ready to make it easy for you to get it safely, for free. because this is our shot... ...at getting back together.

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fastest runner in her school so when a 13-year-old challenges a police officer to a race she thought she had it in the bag. is ready, set, go! >> reporter: the taking her with surprise, finding out later he is to play football for the university of pittsburgh. good morning to all 3 of you. >> why did this happen? >> a new addition in the city of pittsburgh, engaged in the community a lot more, we just walk around, and put relationships.

>> they start running their mouths. and they know they can play football. and a little leeway. -- >> >> it was like i loved racing. officers ask me -- i was like my shoes. ainsley: how do you feel about that? >> a great way to see the community is engaging with officers.

and who was going to fall. >> so proud of her for being such a great runner. will you do a rematch? >> i would like to. ainsley: are you training for it? >> yes. ainsley: this is so successful. why is it important to work with communities like this? >> i'm an inner-city kid. building a relationship with an officer you get to understand where you are coming from and even in times of crisis you will be able to relate to officers, won't be as intense. it should be a growing trend in the city and across the world. ainsley: god bless you all. hope you have a wonderful life, you have a mom loves you and so

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willing. at 11:30 jerry nadler on set adding they want to add four more justices. >> i'll be behind the microphone for three hours and then on "outnumbered." >> dana: good morning. supreme court takeover. democrats in congress set to lay out plans to expand the high court allowing them to pack it with liberal justices and take over the majority. >> trace: good morning. i'm trace gallagher in for bill hemmer. this is "america's newsroom." we're expecting a group of house and senate democrats to announce a bill that would add four justices to the supreme court bringing the total number to 13. >> dana: republicans are slamming the move as another proer grab by democrats. >> this is frightening where they want to take the country. it is a dangerous direction where they are going with immigration policy, with the court policy. they want to control everything and it is ar