of the swamp swirling around at the white house. thank you. great is he was always. set your dvr see you never miss says showed me will see you next sunday with "the next you next sunday with "the next jillian: it is monday, august 2nd and things are going to get worse, a stark warning from the biden's chief medical advisor as the delta variant surges, what republicans say the federal government should do to get more americans vaccinated. plus, terrifying scenes across the u.s., gunfire ringing out in new york city and the streets of new orleans, injuring innocent bystanders. the new push for public safety. jillian: and a celebration fit for a hero. how one community honored a marine veteran turning 106 years

old of. "fox & friends first" starts right now. ♪ >> good morning, new york city. and everyone else across the country. good morning to you, ashley. you are watching "fox & friends first" on this monday morning, i'm carley shimkus. >> i'm ashley strohmier. jillian and todd are off this morning. >> dr. anthony fauci expects, quote, pain and suffering as the delta cases surge but not any new lockdowns. >> the warning comes as lawmakers call for a full fda approval of vaccines to help ramp up shots. caroline shibley joins us live from washington. >> reporter: the nations' top disease specialist saves he does not think the country will see the covid lockdowns we had last year but is warning the country to ready for more cases. >> things are going to get

worse. we're looking to pain and suffering in the future because we're seeing caseses go up, which is the reason we say over and over again, the solution to this is get vaccinated and this would not be happening. >> reporter: the rate of vaccinations is going up. the white house reported that since the week of july 5th there's been a steady increase but not fast enough for federal officials. here are the stats, more than 164 million people in the u.s. are fully vaccinated, almost 50% of the he total population. the country is seeing more than 72,000 new cases a day which is a jump of 44%, compared to the previous week. because of that, masks are making a comeback in parts of the country. that's even for those who are vaccinated with government officials citing breakthrough cases from the delta variant. although the director of the cdc clarified over the weekend had that there will be no nationwide vaccine mandate. eight states plus d.c. and puerto rico have imposed some type of mandatory mask requirement and more could be coming. south carolina is not one of

them. >> we like to give the information to the people, we don't require them to do things, give them the right information, not exaggeration, make the choices available to them and let them make their decision and it's working. >> reporter: now, some lawmakers are calling on the fda to give full approval to the covid vaccine to encourage those who are hesitant to get the shots. back to you. >> caroline, thank you so much. ashley, one of the biggest things that happened last summer as relates to covid is with all the hypocrisy coming from lawmakers who didn't even follow their own vaccine mandates, their own covid mandates. >> newsom. >> yeah, newsom, nancy pelosi, the list goes on and on. it's happening again and there are multiple examples so last week d.c. mayor muriel bowser enacted an indoor mask van date

for vaccinated -- mandate for vaccinated folks. you see there she is celebrating her birthday party with dave chapelle, no mask, inside. the mandate for vaccinated people went into effect on saturday. and she officiated an outdoor wedding. there are photos of her sitting inside without a mask on, fully going against the rules that she had just implemented. >> right. and then i do want to read this statement. they did release a statement, it said on saturday, july 31st the mayor offish yatesed an -- officiated an outdoor wedding. the mayor wore a mask indoors in compliance with the mandate. i understand that is under the cdc guidance and guidelines. still, if you're going to implement something that quickly i would do the same thing you do on an airplane, you pull the mask down to eat and drink and

you pull it up because you're going to have scrutiny. >> the statement was like don't believe your eyes, believe what we're telling you. she wasn't eating when the photo was taken. the thing is, she should feel comfortable sitting inside without a mask on because in washington, d.c. only one person has died from covid-19 over the past two weeks. which means it is more likely that you will get murdered in washington, d.c. than die from covid. over on capitol hill, also in washington, d.c., the house, there's a mask mandate in place. the senate's not. so across the building there's a mask mandate because of nancy pelosi implementing one. senate, you don't have to wear a mask. >> we were talking at the beginning of the show. why? what is the difference with the house and the senate chambers. >> it's like a perfect example of what's happening across the country, all in one building, in one area you don't have to wear a mask, in one you do. there's video of nancy pelosi from friday, she was in a swearing in ceremony, she just

implemented the mask mandate for people in the house. she has a mask on there. in this video she actually says to a photographer or something says can we take our masks off just for the picture. if a memberof the house did thay would have gotten fined, based on her rules. >> how many times have you seen nancy pelosi with a mask on, posing for a picture or giving a speech, it just doesn't make sense. nothing is lining up. and i think this is why americans are getting so frustrated. one, nobody knows what to do. you're getting the back and forth guidance from the people making the laws and it doesn't make a whole lot of sense. >> you just hit the nail on the head. it's more than pointing fingers at lawmakers and saying, look, you're making a fool of yourself, you're not following your own rules. it really has to do with the fact that it shows how political this has become. and how disingenuous the rules are. because all you have to do is look at at the numbers of people who are hospitalized and people

who are dying from covid and thank god because the vaccine, those numbers of deaths are way down across the country. >> not only that, but i think it shows that they're very out-of-touch with what's going on. >> absolutely. >> we're going to turn to this, a weekend of violence in major cities nationwide. a manhunt is underway for two gunmen who opened fire on a crowded new york street in what is described as a coordinated attack. >> marianne rafferty joins us live from los angeles with the latest on this front. good morning, marianne. >> reporter: good morning. more violence in the streets over the weekend you across the country and in new york a hunt for a pair of masked shooters who fired on a group of people standing outside a laundromat on a crowded street in queens. police say 10 people were shot and out of those three were intended tar gets. the rest were innocent buy stand bystanders. the suspects sped off on mopeds. >> this was as i can most

accurately describe it, it's a brazen, coordinated attack. >> reporter: democratic mayoral candidate and curtis sliwa in agreement on the dangers facing the city. >> we're living in a city where someone can drive up on a moped, shoot people, hop back on the moped and a get away safely. we have to come to grips that we are losing the grip on public safety and we have to respond immediately and treat this like the crisis that it is. >> and with the defunding of the police, by a billion dollars, by mayor de blasio who should be here, and you have to say where are all the other elected officials, some who represent this area, who are part of the defund the police movement. >> reporter: and in new orleans, tourists are sent running when bullets fly on bourbon street. the police association blaming a

shortage of officers amid funding cuts. police say one person is in custody as police continue to investigate. and in chicago, 44 people were shot and four killed as the city sees a rise in shooting incidents. 461 so far this year, that's compared to 402 at this time last year. but interesting to note, homicides slightly down, 105 in july of 2021, compared to 107 the same month in 2020. now, cpd superintendent david brown met with president biden in early july to address the rising crime and the administration committed to the providing resources to combat gun violence in the city. >> marianne live for us this morning. we're going to turn to a fox news alert, here's a live look at capitol hill where the senate is one step closer to passing the $1 trillion bipartisan infrastructure bill following a rare weekend session. majority leader chuck schumer expects a final vote could come in a matter of days.

>> bipartisan infrastructure bill is designed to bring our infrastructure up to date for a new century and that is a significant achievement. >> progressive congresswoman alexandria ocasio-cortez says there are more than enough votes in the house to tank the bill unless congress passes a bigger spending package along with it. >> if there's not a reconciliation bill and if the senate does not pass the reconciliation bill, we will uphold our end of the bargain and not pass the bipartisan bill until we get all of these investments in. >> president biden initially sought more than $2 trillion for an infrastructure and economic recovery package but republicans slammed that, calling it too much. wyoming senator john barrasso says all americans will be stuck footing the bill for the democrats' spending plan. listen. >> you look at the run-away inflation, we're living in now to put more spending on top of that makes it a lot worse many

this wasn't a negotiation with nancy pelosi. this was a hijacking and this would be terrible for the country, for the economy, and she's not just a hijacker, she is also an arsonist. this is putting additional jet fuel on the flames of inflation and we know who is going to be hurt by this, the people that are going to suffer are people living on a fixed income, seniors, people getting by paycheck to paycheck, all americans are going to pay for this through inflation, through taxes. joe biden says well, we're only going to raise taxes on businesses and some people making a lot of money. you can not fund something this expensive without everybody in america getting hit. >> all sides are speaking out, setting the stage for the next debate over president biden's $3.5 trillion budget which would expand medicare and fund climate change among many other things. republicans strongly oppose that bill which would only require a simple majority to pass. tributes to 9/11 victims

begin as we approach the 20th anniversary of the attacks. today, tunnels to towers founder will begin day two of his 537-mile journey from the pentagon in arlington to ground zero. he lost his brother, he was a new york city firefighter, in the attack. on the west coast, a 40 day cross country bike ride began. the bay to brooklyn ride will travel up to 100 miles a day to arrive in new york by september 9th. donations will go to the the gy sinese foundation. >> 35 days, 50 miles a day, he's on the move, inspiring people, what a fantastic cause. the time is now 12 minutes after the hour. this weekend's shocking attack in new york city is the culmination of an alarming number of shootings across all

five burroughs. new york city councilman joe berelli says this is what happens when democrats are in charge and he has a message for phot investigators. congresswoman ocasio-cortez has harsh words for his colleagues, coming up next. ♪

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>> welcome back. a georgia teen is shot and killed after a fight at mall food court. the 17-year-old was pronounced dead at the hospital. he was shot multiple times after a verbal altercation with another man turned physical. it's unclear what started the scuffle. no arrests have been made and the investigation is ongoing. >> in new york city, a suspected gang member is held without bail after he shot an officer during his arrest. >> stop reaching for it, dude. oh, [bleep] >> the lieutenant was hit in the ankle during the struggle. the suspect, jerome roman, has

been arrested 25 times and was out on bail on a gun possession charge. he's now facing multiple charges including attempted murder. 25 times. >> that's insane. another violent weekend in new york city as the search for two gunmen continues. it follows a gang related shooting in queens on saturday. >> this was as i can most accurately describe it, it's a brazen, coordinated attack for a lack of a better word, that's a recurring theme that keeps happening, that's gang members, that's guns, scooters being used, masks, unintended targets getting hit. this is unacceptable if in the street of new york city and it has to stop. >> the incident left at least 10 people injured, most of them were innocent bystanders, new york city councilman joe borelli joins us to discuss. i'm wondering where the outrage is on this this morning. this is a matt shoot, 1 -- mass shooting, 10 people were shot, 7

innocent bystanders. your colleagues, there seems like there's a level of tolerance happening surrounding this behavior. >> right. look, there only seems to be outrage when it's somewhere tourists frequent, whether it's a particular intersection in manhattan where there's shops and stores, times square, that's where you get the outrage from the public. when it's these type of crimes that occur nightly, i mean, there were 18 people shot in saturday in new york city, when the crimes occur nightly in the city in the lesser money parts, -- lesser known parts you don't see it. the democrats in charge of the state have changed the bar on the tolerance level of what we accept as far as violence in new york city. there's always been crime in new york city. but democrats change the level of what we will tolerate and we have these massive gang shootings, 10 people that looked like something you'd see in the show narcos or from a foreign country and it's unacceptable

and until the radical left democrats are out of office i'm fearful we won't see a kang in direction. >> this is gang related. there were 40 shell casings found, that's no small number there. do you think the democratic governors like cuomo are taking this realistically, when they talk about trying to he get crime under control? >> no, i moon, governor cuomo -- i mean, governor cuomo just announced a midnight basketball program and jobs program to combat this. these are people who gave us bail reform, one of the most disastrous pieces of legislation in the last 10 years in new york city. so they don't treat these people like the career criminals that they are. these aren't isolated incidents. what these two guys do for a living is fight over turf and control of drugs in certain neighborhoods. that's their job. no basketball league or job program is going to replace that for them and acting like it is being a unserious leader for a serious problem in the city. >> there were at least seven

shooting incidents in new york city this weekend, at least 18 people were either killed or wounded. councilman, how do you feel about eric adams? he's expected to be the next mayor of new york city. and he ran on an anti-crime platform. i talked to some police officers who say they're not so sure that he's going to make any significant changes. what are your thoughts? >> look, he's going to be up for re-election if he wins, he'll have to appeal to the radical left. did he talk the talk and did he sound a lot better on crime than the overwhelming majority of the other candidates in the race? absolutely. but i hope he follows through. i hope he doesn't go back and start seeing his own national profile in the mirror, his own re-election coming down the pike and start pandering to these radical left politicians that got us to this point they in the first place, where we have hollywood style gang shootouts on our streets. >> okay. and then i want to get to this. there was so far this year in new york city, there's been more

than 1,000 people, actually 1,056 shot this year. we have four months left in the year, give or take, and i mean, do you think this is going to get any better or do you foresee it getting worse? >> i think it will get better. crime has always peaked and valleyed in the city and finally we do have some people really getting aggravated in the outer boroughs, places that usually are less radical, far he left candidates, they started to pull back and elect moderate democrats which is somewhat better. but the reality is, this is going to be a problem for the foreseeable future and until we change our entire perception of the relationship between policing and career criminals, i don't think we'll see that much of append limb swing back -- a pendulum swing in the right direction. >> we're playing video of these gang attacks and kids getting hurt and it really just feels like in cities a across the

country we're starting to enter what it must have felt like in the '90s and back then rudy giuliani came in, cleaned up the city with stop and frisk but stop and frisk has been so politicized, i can't imagine it would happen again. so you say that it could get better because of the season but what's going to happen and how do you expect this to get better overall if those hard on crime policies like stop and frisk won't happen because of the current political environment that we're in. >> just take an example of this gang shooting, let's just say hypothetically they that police did a great job and they stopped these two guys on a moped with an illegal gun prior to the shooting. those two guys would have been arrested and they would have been out on bail, thanks to bail he reform, before breakfast was even served on rikers island. so it's almost impossible to say that even if we increase our police presence, even if we increase our police detective squads and patrols, that this

will result in a safer city thanks to the bail reform that just let these people out willy-nilly. >> i think it starts with bail reform, for sure, especially in new york. >> absolutely. joe, thank you so much for joining us this morning. appreciate it. >> thank you. >> time right now, 4:23 on the east coast. u.s. olympian gwen berry who turned her back on the flag last month now says she's proud to wear red, white and blue at the tokyo games but will she protest our national anthem if she makes it to the podium again. >> our next guest also represented team usa on the world stage and shares his thoughts coming up next. ♪

good morning. welcome back. republicans bashing the house investigation into the january 6th capitol riot. take a listen.

>> but i do not think it was right for the speaker to decide which republicans should be on the committee. >> they don't want to address one of the fundamental questions which is why wasn't there a better security posture that day. part of it is they have nothing else to talk about. they can't talk about crime in the streets driven by everything they said about the police, so what are they going to do, attack president trump one more time. >> meanwhile, committee member adam kinzinger said he would support subpoenas of kevin mccarthy and jim jordan to see what contact they had with president trump on january 6th. fox news host trey gowdy blasts the media for turning a blind eye to pelosi's double standard when it comes to congressional investigation. >> she put adam schiff on the benghazi committee even though his mind was made up and he did everything he could to protect the democrat nominee for

president. she picked her own biased members but rejected jim jordan. jordan is the top republican on the judiciary committee. he was on the intelligence committee which has more access to more sensitive information than any committee in congress. why is it your members can have their minds already made up but somehow that is disqualifying for the other side? it's the sort of question a serious objective media would ask. it's the sort of question a media serious about speaking truth to power would ask. it's the sort of question a media devoted to the truth would ask. but the modern media in this country is just as partisan as the politicians themselves. >> the investigation into january 6th is expected to last until 2022. wow. meantime, amid the controversy to bring nicole hanna jones to the university of north carolina, a dean made an

unusual request to abc news. in an e-mail obtained by fox news, abc deputy political director, avery harper, e-mailed the media dean in may asking why hanna jones wasn't granted tenure. the dean replied, quote, she deserves it, her package is perhaps the best i've ever seen, protect nicole, she deserves it and i'm doing all i can to make this right. unc eventually voted to grant her tenure, she turned them down, choosing to work for howard university. we'll talk about this with joe concha when he joins us live next hour. >> after making it through the qualifying round over the weekend, controversial olympic hammer thrower gwen berry said she earned the right to wear the u.s. olympic uniform despite turning away from the american flag during the national anthem at the olympic trials in june. joining me now to discuss is

seth deon who played in the 2015 american games. seth, thanks for being with us this morning. >> thanks for having me. thank you. >> i feel like we're always talking about this, we spoke about this a couple weeks ago when this initially happened. so in your opinion, do you think athletes like gwen berry are dividing the country, especially when you having like the olympics going on. >> absolute me she is. she said she earned the right to wear the uniform. she absolutely did. i know the amount of discipline, dedication, the work ethic and talent that's required to don the u.s. crest. however, with that honor comes a responsibility to exemplify our country's exceptionalism and to instill pride into our country, whether in victory or defeat. that's what the games were designed for and that's what she failed to achieve.

>> you say you know firsthand what it's like to put the time and effort and energy into this. the literal blood and sweat. so why do you think someone would want to put all that time and effort into this, just to turn around and seemingly, you know, just act like they hate america and what it stands for? >> great question. for me, there are two types of people in this world, there are doers and there are sayers. this girl said she is proud to represent the united states, yet the actions are anti-thetical to her words and statements. she says she represents an oppressed people that's so devisivel arrogant. i've been injured multiple times. she represents a country that

has no oppression, that fights every day to preserve every citizen's freedom, regardless of race, creed, culture, religion. >> i want to read this statement from berry. it says i feel like i've earned the right to wear this uniform, i'll represent the oppressed people, that's been my message for the last three years, all those people who hate me, they aren't here, they can't affect me. i feel like people could argue it is affecting her because here we are still talking about it. >> and i am sick of talking about it, and i know everybody's sick of seeing it. i did a little bit of research into her last virtue signaling event and, i mean, where was this grandstanding outrage five years ago when she had the flag draped across her shoulders in d a big, beautiful smile. it just wasn't trendy to celebrate weakness like it is

now. it's time to stop giving attention to these tired athletes and start highlighting the patriot athletes who embody the american olympic spirit and give kids a reason to cheer again. >> right. okay. seth deon, as always, i appreciate your take on this. have a good day. >> you as well. thank you. >> carley. .carley: the time is 34 minutes after the hour. rules for thee but not for me, d.c.'s mayor is spotted without a mask at two events over the weekend. ashley: tea anna lowe said we shouldn't be surprised because the rules don't apply to the rich and powerful. she's up next. ♪

>> welcome back. republicans focus on the origins of the coronavirus pandemic in a new congressional report, it says the wuhan lab requested significant renovations to air safety and waste treatment systems in buildings less than two years old. it is unclear why the fixes were requested or if the work was even done. china has repeatedly denied the virus came from the lab even as calls grow for a new probe. >> democratic congresswoman alexandria ocasio-cortez blames her own party for putting millions of american families at

risk by letting the eviction moratorium expire. take a listen. >> if there's not a reconciliation bill in the house and if the senate does not pass the reconciliation bill, we will uphold our end of the bargain and not pass the bipartisan bill until we get all of the investments in. >> house leadership is calling on president biden to act, in a statement they say, quote, action is needed and it must come from the administration, that is why house leadership is calling on the administration to immediately extend the moratorium. and mask hypocrisy, republican california candidate larry elder is calling out gavin newsom for ignoring science while taking aim at the french laundry scandal that helped spark the democrat's recall. take a listen. >> it went down the state of california more than the other 49 governors, sitting with the same lobbyists and medical professionals who drafted the

mandate they were violating by not wearing masks and not socially distancing. it's hypocrisy. >> elder is slamming newsom for implementing a mask mandate for state workers and requiring all students and school staff to wear a mask. elder is currently leaded in the crowded race to unseat newsom. the election is set for september 14th. carley. carley: washington, d.c. mayor muriel bowser officiated a maskless mandate after reinstating the mandate in the nation's capital. here to react is tiana lowe. tiana, good morning to you. i think it's safe to say that muriel bowser had the best weekend ever, she celebrated her birthday with dave chapelle, offish yatesed -- officiated a wedding. in neither of these events was she wearing a mask. what's your reaction. >> i think everyone assumed with regards to the birthday

party, that's why she had the mandate kick in at 5:00 a.m. on saturday so it would be after her friday evening festivities. i was at the wedding and i grabbed that photo and let me tell you, there were hundreds of people in there, all unmasked, at this four star hotel and when i went up to bowser, i think she assumed i was a fan, not someone who was actually what i did was call her out in terms of why are you here with a bunch of people, you are maskless. other people are maskless. does that not reek of hypocrisy. already, d.c. had 11 homicides in time since we had our last coronavirus death. the fact is, herd immunity works and we've been vaccinated. there's no reason to punish the small businesses. it doesn't seem like she cares, she knows the hotel will host her party and who cares about the small businesses that will

suffer. >> what did she say to you when you approached her and asked why she wasn't wearing a mask inside. >> she had a full security review with her and i think as soon as i gave the game away, their mo was to get her out of there as quickly as possible of. i have more footage of her sitting at the table, which clearly not actively eating and drinking. people will say you don't have to be actively eating or drinking but that's not true. anyone who has gone to an indoor restaurant during the first round of mandates knows that and it's expensive for the businesses but she clearly didn't give too much consideration about it. >> her office responded to these maskless photos of her. the one that you took, as you know. and they said on saturday, july 31st, mayor bowser offish yatesed a -- officiated an outdoor roof top ceremony,

followed by an indoor. the organizers worked to create a safe environment for the staff and guests. so it's sort of like don't believe what you see in the picture, believe what we're telling you. so do you think there's going to be backlash over this? i mean, you're covering this story. we are. but what about other people? >> oh, i definitely think there's, based on my dms in the last 24 hours, there's absolutely going to be backlash. d.c., 95% of d.c. residents voted for biden. this is not about a trump thing, this is not about a republican thing. this is about we clearly have the herd immunity to go back to a normal way of life. we have three out of five adults in d.c. are vaccinated, three out of four seniors and we've had a total of four -- four coronavirus deaths among the fully vaccinated, all of whom were seniors or had severe immunocompromised diseases beforehand. >> yeah. >> so it just reeks of

desperation from her and politicization. >> i was going to ask why you think this is happening. you gave the statistic on four coronavirus deaths and said that it's more likely to get murdered in washington, d.c. than die from covid-19. so with that said, why do you think mayor bowser was so quick to implement an indoor mask mandate for vaccinated people? >> he'll well, think of this. bowser violated her own travel restriction in november so she could go up to wilmington to go to joe biden's victory celebration and presumably audition for a job with the administration. this is someone who probably more than any other big city mayor has bent over backwards to try and appease the federal bureaucracy and we even while biden's team is coming out and saying the media is messaging all wrong about this, fear mongering, acting like the

vaccines don't work. bowser is listening to the cdc's horrible messaging. >> thank you for snapping that picture. it will certainly be a talker today. thank you for coming on, waking up early with us this morning. >> thank you. >> the border crisis deepen as many as 1,000 newly detained migrants wait under a bridge to beat the texas heat. our next guest says scenes like this are happening every day and it's contributing to the surge of covid-19 along the border. the vice president of the national border patrol council joins us next.

show me the olympics. [ "bugler's dream" playing ] ♪ ♪ ♪ ♪ ♪ ♪

show me the olympics. [ "bugler's dream" playing ] ♪ ♪

♪ ♪ ♪ ♪ >> good morning. the biden administration is looking to spend millions of taxpayer dollars on attorneys for illegal immigrants. the president's proposal suggests congress set aside $15 million available for private lawyers and another $23 million for legal orientation programs but with each attorney costing at least $2,000 based on a heritage foundation study, the funds would only cover roughly 7,500 migrants. it comes as agents discover a r car smuggling a migrant hidden in a roll of carpet. look at that. four others were stuffed in a plastic tote bag, all in

102-degree heat with no air circulation. my goodness. ashley. ashley: so amid the ongoing crisis at the border, officials are warning covid positive migrants are being released into the u.s. but the cdc director says migrants aren't to blame for high covid-19 case counts. take a listen. >> do you know the surge, how the surge of illegal immigrants with covid is affecting the overall rate? >> the percentages in the southern part of the country are quite high and i don't necessarily think we can attribute all of that to what's going on at the southern border. >> here to react is the vice president of national border patrol council, chris cabrera. thanks for being with us. >> thank you for having me. >> i want to get to this off the top, after hearing what we just heard, the southwest border encounters by the numbers and i want to talk to you about one point in particular. okay. so 1.1 million migrants encountered in fiscal year 2021,

cbp has stopped migrants from 160 plus countries. now, this is what i want to get at. a 900% increase of covid-19 cases at the border. how can they say that this would not be something that would popation and those people coming into america when we have the numbers there and they're just released into the public. >> yeah. obviously they're not paying attention or they're too caught up with the politics side of this to be impartial and tell you what's really going on. we see a ton of people coming through daily, just last week -- last week i believe we had 20,000 caught in this sector alone, in one week of. the numbers are astounding. the folks that are covid positive -- we don't test everybody that comes through. it's very rare they get tested and the numbers are still high. if you're asymptomatic you don't get tested. you're still released into the

country without a test and who knows who you're infecting along the way. >> you're saying the only people who get tested are those who are showing symptoms or is it potentially or perhaps another illness and they just test them to be sure? >> yeah, in our custody if you're symptomatic you're going to get tested or if you have a broken leg and have you to go to the hospital then you get tested as well. but not everybody that comes through is going to get tested. the ones that do get tested that are leaving through hhs custody, if they're tested along the way, then they're still released and they're released into the united states and what's amazing is, if you come into the country legally, you have to show proof of having the test within the last three days. but if you're coming in illegally, there's just no care in the world and don't worry about it and no harm, no foul. .>> so obviously the border patrol agents have to be your ' suffering from this as well, as far as coming into contact with

the migrants coming over. what's the protocol or is there any protocol for notifying the agents and is that putting a strain perhaps on the border patrol if you have to pull those guys and guys from the border? >> we have more and more agents testing positive every day and there are -- there is a protocol for contact tracing. however, it's not being followed. some of these ngos that do test on their own, they don't call us and let us know what illegal aliens have tested positive so we can contact trace. so we have agents getting sick every day. we have hundreds that are in quarantine right now and we have no idea where it came from because the contact tracing just isn't happening. >> okay. chris cabrera, thanks so much for your take on this this morning. we appreciate it. have a good day. >> thank you. >> carley. carley: listen to this. the community in california celebrates one of the oldest living marine veterans, 106th birthday of over the weekend.

watch. >> okay. i'm alive and breathing. can't complain. carley: can't complain. dozens in stockton honored major bill white during this 30 year service. he received several medals including a purple heart. over the years white has received half a million valentine's day cards and gifts as well. so he asked for the cards and he sure received them. ashley: okay, i love him. okay. time right now, 4:55. there's a big hour coming up on "fox & friends first." carley: joe concha, congressman austin pfluger all live, don't go anywhere. ♪

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>> it is monday, august 2nd. things are going to get worse, a stark warning from bidens' chief medical advisor as the delta variant surges. what republicans say the federal government should do to get americans vaccinated. >> plus, terrifying scenes across the u.s., gunfire ringing out in new york city and on the streets of new orleans, hurting innocent bystanders. the new push for public safety and what the puck, an nhl star is accused of throwing his own games on purpose and this morning he's playing