oh, my goodness. that's it. it's a tie. >> no way. neil: i'm so glad they didn't make me do that. we are following bouncing ball on capitol hill, see what i did there? we are waiting right now. they are going to take the infrastructure bill and they think they have a good chance of going through some procedural votes and maybe clearing an approval of this in the united states senate by as soon as tomorrow. we are on top of that. we have senators mike lee, mike braun, bob casey to pick apart what's on tap here and how this all might go down and then the

follow-up human infrastructure bill that democrats are pushing to 2 and a half trillion dollars. details on numbers that were just off the charts, close to a million jobs gain in the latest month. if you include revisions, well over a million. jobs are going up job pay is going up but so is inflation. that's really going up and eating away at those gains. we will have the latest from the president and now he's dealing with this and framing all of this and how you are going to deal with this going forward. we have experts what you're seeing at the grocery stores in general, that's going to last for a while. so much to get into. so happy to have you with us, welcome, everybody, i'm neil cavuto. let get to it. peter doocy, higher prices

coming with it. peter: the president is talking about infrastructure package that's being debated. something critical in his opinion to keep the economy on the right track. he believes that when the government spends trillions of dollars like six or seven months, things get better. but as you just said, prices are outpacing wages and have a look at some of the biggest increases in the last few months. we've got gasoline up 45.1%. living room, kitchen and dining room furniture up 10.8%. car rentals up 87.7%. airfare is up 24.6% and jewelry up 12.3%. despite that, the president at an event at the white house yesterday was celebrating 900 plus thousand jobs, almost a

million jobs that were created and he took credit for all those jobs basically saying when he took over there was a dark winter because of the american rescue plan and all the 1,400-dollar checks plus government assistance, things are better. >> unemployment rate is the lowest since the pandemic hit. black unemployment is down as well. why? because we put in place the necessary tools early in my presidency, the covid vaccine, the covid-19 vaccine plan. the american rescue plan to fight the virus and fight the economic mess that we inherited. peter: that infrastructure flan is so -- plan is so important to the president. he had expected be in wilmington.

no public events on the schedule today, neil. neil: well, i'm sure he's delighted to know you're right near by in wilmington. peter, thank you very much for that. great job this week, every week. i want to go to dan, a great market watcher but he's also an accountant and certainly understands the money in and money out. the reason i want to mention that and have dan on right now, you heard about the good news in the employment report, dan, the average hourly earnings are running at 4% uptick year over year. wages are up year over year but overall inflation is judged by the consumer price index, that's close to 5 and a half percent. all the gains are being eaten away by higher costs, grocery store and everywhere else. that's the problem for the white house right now, isn't it? >> it's a huge problem not just for the white house but for everyone in this country. i think the president standing there and taking credit for jobs

being created, well, that's really not true. jobs are not being created, neil, they are just being restored back to where we were. this would basically happen on greatest stimulus which is the vaccine. to me there's no reason to continue this mantra of we need more stimulus, we need more stimulus to get the economy back in place. it's happening naturally. the things that the government is doing and plans to continue to do is only going to increase inflation even more and people are falling behind because their wages are not keeping up with inflation rate. neil: got it. school of thought, you expressed it. the more the government spends the more prices move all. that hasn't always happen but that's a big concern right now. dan, one other thing that

interested me democratic joe manchin pointing fingers at the federal reserve. don't let this get out of control, do something. only things the federal reserve can do, raise interest rates or stop buying treasury bonds and notes and all the things it's been doing. i cannot see the fed doing that at this time but what about you? >> i agree, neil, i don't believe that the fed is going to stop this temporary plan of a quantitative easing which is buying back treasuries as well as mortgage-back securities to the tune of $120 billion a month. neil, those types of programs that the fed would put in place, they are there to stimulate the economy. the economy is already moving in the right direction by continuing that program, what they're doing is going towards

overstimulating the economy. so what does that leave the fed with, well, that goes to interest rates now. when you start to raise interest rates, that has a dramatic impact on what happens. remember back when we had hyperinflation back in the carter years, well, paul baulkner what the fed chairman had to do back then was actually throw us into a recession with interest rates in order to stop inflation. that's how important it is not to have a hyperinflationary period. neil: i remember from inflation and before that, opec inflation in the 70's, the fact is that inflation and this kind of a threat is short-live and transitory and when the administration and others are saying that and not just the administration, the federal reserve, top economic officials, you question that, this kind of thing just doesn't go in and out and be done with wit, right?

>> that's true. and let's look at it this way in joe manchin writing letter to jay powell. yes, it's addressed to jay powell but i think there's a greater meaning here. i think he's sending that to democratic leadership, chuck schumer, nancy pelosi and president biden to say, hey, listen, if we are going down this path, you may not have my support and there is no one more important to legislation in washington than joe manchin with how things are tight in the senate 50/50. neil: you're right. >> will he keep his word and not vote for infrastructure bills and other policies, we have to see. but we have to take that letter seriously or at least the white house does. neil: yeah, having covering, he does revert after some threats to voting in line with

democratic leadership. we will see what happens here. but dan, great seeing you. dan geltrude. i want to go to utah senator mike lee on what he makes on all of this. senator, how do you feel about this not so subtle effort of your colleague joe manchin to go after the federal reserve to get on top of this, is now the time to do that? senator: well, now is the time to act on inflation. i think we have to use the tools that we in congress have like, for example, not passing the bill that he's supporting right now which is $1.2 trillion inflation bomb being dropped on already carpet-bombed economy. neil: you're talking about the infrastructure bill, senator, you're not a supporter of it, ten of your republican colleagues are, you think they are making a mistake? senator: i do. inflation is going way up because the federal government has been spending way too much money that it doesn't have, when it does that, we effectively

print more money. u.s. treasuries are issued and everything but it has the same effect as just printing more money. we have the same basket, more or less of goods and services in the economy but when you dramatically expand the money supply and the way they are doing, that means the price of everything will go up. that's really bad for poor-middle-class persons because every paycheck goes less far. neil: the pressure to do something about the rising prices. you're wait right, they are eating away the wage gains. the wage gains had been substantial especially in this report but wiped out by the rising prices. the administration, others say don't worry, it's transitory, do you think it's transitory, do you think it will pass? senator: it doesn't feel transitory to people on the ground who are finding it more difficult to do anything to rent a car or buy a car to buy a house to buy groceries. everything in their life is becoming more expensive.

this is predictable and foreseeable and avoidable result of congress spending more money. we found out yesterday that the bipartisan infrastructure bill which was itself supposed to be paid for has at least $250 billion that are not paid for, arguably more than 350 to 400 billion that are not paid for. this is a problem. this is a big mistake. we don't need to be doing this right now. neil: so when you talk to your constituents back in utah, all right, i don't know the condition of roads and bridges in your state, so you're not going to support this effort to fix them, some of them might come back and say, well, we need that, what do you tell them? senator: my proposal, that i propose that we do instead is get the federal government spending money only on truly federal infrastructure. look, most roads, most bridges,

most highways in america are not federal. they are not part of the interstate highway system. if they're not, state and localities ought to be handling that. it turns out when they do, they can do it 20 to 30% cheaper because you don't have to comply with the massive set of federal regulations that make all those things more expensive. neil: got it, really quickly. i know how you feel about the infrastructure package. all indications, senator, it will likely go through some procedural vote okay, you know, crack the filibuster and go ahead and get passed tomorrow. do you think that's going to happen? senator: at this point, it appears somewhat likely to pass. i'm still not leaving any argument left unraised. we have to remember, this is going to make it that much harder for people to buy homes, gc extension that they added, crypto currency provision that they've put on there that's unworkable, unsustainable, all of the pay fors that don't add

up means that this bill should not pass. it's going the make inflation worse, we shouldn't be doing that to america's poor and middle class. neil: senator mike lee, always good talking to you, thank you very much. senator: thank you. neil: in the meantime the senator was appointing to infrastructure measure. they will start picking it up in about 45 minutes in the senate. some procedural hurdles first to avoid needing the 60 votes you will have that and some told to move on and presumably voting tomorrow to pass it and get it to the house and then likely the president's desk, there's a process to all of this and it's in the a sure thing but we are on the of that and much more after this.

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>> mr. president, do you have a response to governor desantis? >> governor who? >> desantis? >> i guess the question is what else has he forgotten.

biden's forgotten about the crisis at our southern border, i can tell you that. neil: those two guys neatly summed up the provocation in the white house and the guy might have eyes set on the white house. i'm talking about florida desantis and the president signaling and among the others getting in the way of mask and other requirements to stop spike in cases that have been seen all around the country particularly in states like florida and texas. brandon judd, national border patrol council president, the reason we brought brandon, what the governor was getting at, president, you're a fine one to stalk when we look at spike in cases at the border, so much so that they have to be put in a separate area, upwards of a thousand of them and that's rising by the day. so what he was saying, why don't you tend to that and i will tend to my state, what did you think?

>> yeah, what's most disturbing about that is that the president of the united states has not forgotten about what's going on in the southern border, he just isn't doing anything about it. he's playing to his political base. when you look at the total number of people entering the country illegally and potential infecting our public, it clearly shows that word means more than action than the president. he really doesn't care about whether or not covid is being spread into the united states, whether it's being spread amongst citizens in the united states because these people are continue -- we are allowing these people to enter the country illegally and we are rewarding them by releasing them in the population to infect more of our u.s. citizens. neil: you know, bandon, a couple of questions i will ask and you're always patient with them. how do border officials check and quarantine? we don't even get into the got aways which can be a substantial number who have already gotten into the country, might have the

virus, might be escalating the numbers as we speak. so how did they handle it because when you're trying to deal with that, you're also not dealing with some of the other things for which you're really kind of paid to do. you're really playing, you know, a nurse here. >> no, absolutely. there's 3 different categories that you have to look at. we hold people in custody and transform them to ice. they're going to be tested. we then transfer people to hhs, those are going to be the family unit members or the unaccompanied children. those people are also going to be tested but the people that we release within nta or ntr, we are not testing those people and those are going to be released in the country. they are being transforming nongovernmental like catholic agencies and even if the testing is being done, catholic

charities does not have the authority to hold these people in custody. so once they are transferred to these ng -- ngo's, they are free to go anywhere they want in the united states. we are not testing that. that's a huge number of the people taken into custody. 40% of the people taken into custody, we are releasing without testing, we don't know what is being spread into the united states. neil: how far do our obligations go then, brandon? i mean, we had an administration spokesman on fox a few days ago saying, well, you know, you're exaggerating what's happening at the border. if we are so bad -- if this -- is this administration handling the huge influx which begs the question the huge influx which you're ill prepared, we can go back and forth, saying the numbers are exaggerated, i like at the numbers, i'm a data driven guy, i see 3 times more than a year ago, four times more

if you look just at the last couple of months of the trump administration. so the numbers don't lie. i'm just saying -- how are they playing this and saying that they're on top of it because they're processing all of these folks? >> well, they're just trying to redirect the conversation. they're trying to distract the american public. not only do the numbers not lie but the people that are on the border, they don't lie. i patrol the border. i take people into custody. i see exactly what is taking place on a daily basis. we also see what's happening on the southwest border but the northern border when we have to send agents from the northern border to southern border, we are opening up huge gaps. we don't have them there. we don't have enough resources in the field to apprehend the got aways which is a huge number being spread into the united states. this is a crisis by every single measure that we can possibly come up with but the white house continues to want to distract

and redirect the conversation instead of owning up and taking accountability for what's going on because if they did that, they would actually get this under control which would be very easy to do. neil: all right, thank you for that brandon judd, follow the numbers here. to brandon's point 46% apprehensions month over month, quarter over quarter, roughly in that lick of the woods. question go right and left and look at the numbers that they are, you can argue where we were about inflation but it's a temporary problem but has passed temporary stage. the numbers are what they are. you can defend it if you're a supporter of the president and you can call it out if you're not a supporter of the president but the numbers are at the basis of all of this and the only thing we do. another thing we are keeping track of it's outrage over mask requirements. forget about whether they work, are they a good idea?

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say "show me the olympics in 4k" so you can watch in stunning 4k ultra hd. neil: do you think these companies are wise to be pushing back the in-person return? >> well, it certainly is a difficult situation right now, neil. look at the way the cases have been rising. we will now probably in the next day or so have the 7-day average go above a hundred thousand cases a day which we haven't seen since several months have gone back in february, maybe so, of course, if you want to try to keep your employees safe, this may not be a moment to begin to make a change about bringing people back to work if they can still safely telecommute which a lot of people have been doing. neil: all right, nih director francis telling me that he supports what a lot of companies are done. a few of them from microsoft to

wells fargo, blackrock and host of others indicating later better than soon, most postponing in-person returns at least a month in the case of am done, well into january of next year. jacqui heinrich has been following all of this. first, jacqui congratulations, white house correspondent. what's going on here. jacqui: thanks so much, neil. covid cases have been rising with the spread of the delta variant and the concern is prompting the companies to delay or up-end their return to work plans. recent surveys are showing that most major companies with over 10,000 employees are encouraging vaccination but they're not mandating it. and the number of companies planning to reopen their offices in quarter 3 has fallen according to cnbc. some of the biggest names include blackrock, wells fargo, wall street firm, amazon, google, apple, indeed, twitter, lyft, viacomcbs and overstock

all posting lingering questions, what will happen with the economic recovery, there's an expectation that the increase travel we saw over the summer will taper off this fall and restaurants, businesses dry cleaners that had been banking on the return of office workers coming back to their communities are now expecting a negative impact by this delayed return to work. many companies are allowing vaccinated employees to come to work voluntarily but as more companies are also turning to vaccine requirements, they are getting a push of support from the white house. >> america's businesses large and small, universities and medical schools and many other institutions are stepping up on vaccination requirements. our message is quite simple, we support these vaccination requirements to protect workers, communities and the country. jacqui: interesting piece that

nbc surveyed, 40% said the delta variant did not impact existing return to office plan which is were predicated on a hybrid remote work model but, of course, that least the other 60% responding, you can assume to this change given the delta variant rising, neil. neil: yeah, i suspect more companies following suit. jacqui, thank you, again. doctor, what do you think of companies pushing in-person return back? doctor: we understand, of course, the desire to get back to normalcy and help our economy recover but i do think the delta variant does change the game a little bit or quite a bit and the fact that it's coming right when a lot of companies decided to bring workers back into the workplace some which did not require mask within the workplace, now they do have to rethink their plans because not only is the delta variant rising but much more contagious than

the previous version of covid-19. neil: that was the justification for new jersey announcing mask policy k through 12 all kids this fall, teachers, administrators as well. doctor: i think it makes a lot of sense, neil. we absolutely want our schools to start on time, our children have really missed too much school and educational and social experience or some children nutritional experience and host of other things that have gone on in the last two years which had been really hampered so we want the kids in school but we want them to be safe and we want in schools to be safe. the vast majority of kids in school are not vaccinated and are more susceptible and we are seeing delta variant cases in children, children that are actually getting sick and ending up in the hospital. so it's a very serious issue and i do think mask makes sense.

i have two kids that are being vaccinated. i wish they didn't have to wear a mask but i understand the view. neil: i do want to check on the fda move that could come as soon as september to authorize and stamp up approval to pfizer vaccine. do you think that will put dent in 93 million americans who had not gotten vaccinated? doctor: i really hope -- and i do think it will. i do think there are people who feel, they are hesitant about taking a vaccine who is not fully approved by the fda. getting the stamp of approval, i think, will make a difference. i want to be very clear, as long as we have such a large number of people unvaccinated, that's how we will see variants emerging. as long as there's a large amount of virus circulating because of unvaccinated people, that's when the virus has an opportunity to mutate and some worse or more deadly than the

delta variant. it's imperative that we get as many people vaccinated as possible and i do think that fda approval would make a difference. neil: all right, doctor, thank you very much. dr. rashini raj, we are following developments in albany and the bunker mentality that has gripped the cuomo administration. hold-up there allowing lawyers to do the talking, we will talk to a top democrat assemblyman in new york who is saying, leave the bunker now, resign now after this.

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but i know what time it is. [whispering] it's grilled cheese o'clock. neil: we finally heard from governor cuomo's legal team yesterday, how they are going to challenge the 11 women, 11 women by last count who have charged him with everything from harassment to a whole lot worse. the administration's opinions they will present to the assembly all documents requested by friday 13th deadline and fight it out. where is the fight going, the latest from alex hogan in new york, alex. alex: we will not be intimidated, that's the response from lindsey boiling after they spent criticizing yesterday's report and cast down on some of

the accusations. friday cuomo's attorney fired back. the governor's lawyers claiming they never received much of the report until the release basically calling this an ambush. >> for the majority of the witnesses that were interviewed, they were not transcribed. the governor deserves to be treated fairly like anybody else in this country accused of something. >> attorney general's office firing back saying the attack to attack this investigation and attempt to undermine and politicize this process takes away from the bravery displayed by these women. all of this coming hours after a staff member filed a criminal complaint complaining -- claiming that cuomo put hand down her shirt. the albany county sheriff's department will hold a press conference on this matter today. cuomo says he has no intentions of stepping down although that might not be up to him according

to fox news count there is enough support to impeach and convict cuomo. it takes a simple majority in the assembly, 76 votes to impeach. you then need two-thirds of the state senators and court of appeals judges to convict him. cuomo would have to step down temporarily during the impeachment trial and the lieutenant governor would assume power during that time. now the judiciary committee of the state assembly began a fact-finding inquiry in march and they expect that that will wrap up by the end of september. now, neil, the last anytime that a new york governor was impeached was in 1913. neil: i remember i covered that. i'm kidding. alex hogan, thank you very much on that. well, the next gentleman created wave when he said, governor, it's time for you to go. democrat as i said. good to have you. your argument was enough already pretty much, right?

>> yeah. i mean, neil, thanks for having me on. but, you know, this has been a huge story since the spring and now we have seen report. this is an absolutely damning report, 174 interviews, you have thousands of documents and emails and months investigation and i think at this point new york will be better off with the governor resign immediately. neil: all right. by next friday, i believe, the assemblymen, the legal team has to present their counters to the attorney general's investigative report but i do notice that the assembly is expanding beyond that report looking into maybe misstatements, lies, rigged numbers on nursing home deaths during the covid spike as well as the governor had any help or any people on his staff with his book so it's way beyond just the

harassment and other claims, isn't it? >> so people at home are clear, the attorney general's report are clear on sexual harassment claims but the judiciary committee has opened up the investigation, that doesn't include the nursing home data and the integrity of the cuomo bridge and doesn't include the $5 million that the governor made on book deal. so that's a lot for the governor and people to deal with which is your argument save us all the pain and effort by resigning right now. what do you think of the legal team's argument that they have legitimate counters to a lot of the accusations of the women including the one who has already filed criminal charges with the albany sheriff's office. you should hear those out first. >> well, neil, i'm no longer but speaking with some of my lawyer friends and colleagues, i thought their argument was pretty weak in terms of retaliating on what the

investigation has presented. but, again, he's absolutely open and available to submit any evidence, to submit his rebuttals, we've given him the friday deadline but it really is my belief, even beside sexual harassment, you talk about deaths in nursing homes, these were impeachable offenses prior to this but if we are going to be focused on this, absolute hi, the governor present his evidence, use legal team, he has right to due process but we have due process as well and we have given the deadline on friday and we will exercise. neil: the governor isn't going to last long because he doesn't get resigned or impeached but either way his days are numbered in office? >> i don't think it's often that you hear from the president of the united states of your own party calling on a sitting governor to resign. i mean, that's an immense amount of political pressure. you have the u.s. senators,

congressional delegation, assembly, polling numbers have plummeted. i'm not sure how you can really dig your way out of this. this is pretty much andrew cuomo standing on one, andrew cuomo. my belief is that he should resign but seeing what we see now, not very likely that he will. it's pretty much on par for character. we will absolutely move forward with impeachment process many times. we are giving him deadline. he's basically calling us out on it and we will have to move forward with the evidence and move to impeachment trial. neil: kenny burgos, we appreciate it. talking about polling numbers. nothing like what is happening to the governor. the president's numbers have been hit with this but much more what you're noticing in the grocery. it's back and apparently are not

going away and neither are the worrisome poll numbers for the president. after this.

neil: all right, inflation, the number 1 worry among voters. republican and democratic voters. what that means for the president because it's not going away. >> no, neil. president biden had a good honen and now he's been fighting with the left on the evictions and nation's debt is approaching 29 trillion, the bipartisan transportation bill which is likely to pass this weekend. that's only going to add to debt and deficit. the numbers have taken a hit and the rest of the year can be a little rocky with everything coming up. he has to pass 3 and a half trillion dollar bill separate from the bipartisan bill. worsening situation in afghanistan. the president faces some major challenges the rest of the year.

neil: you know, a lot of people don't understand between connection government spending and rising inflation, so don't even by economists, not limited to oil as it was in the beginning of the president's term. a lot of it has to do coming out virtual part of the economy to normal things. but for a lot of people looking at that, it's very obvious, it's eating away at whatever wage gains they are seeing but it's all eaten up in the other stuff. it's resonating, isn't it? >> it is and that's the pressure on the democratic party because the covid bill early this year that was basically deficit spending. now if you will pass 3 and a half trillion human infrastructure bill with health care and child care, there's more pressure to pay for it and raise taxes and that gets a lot of centrist democrats very

nervous especially going into a midterm election when the house and senate will be up for grabs. neil: do you think 3 and a half trillion infrastructure package has any chance at all of passing? >> i think it's -- the democratic plans are too big. i don't think they have the numbers. they don't have the overwhelming majority that they had in president obama's first term. i think this 3 and a half trillion dollar price tag is going to have to move down. i think they will get something done because they have to but that will go all the way to christmas and the bill will go through multiple changes and the grand tax plan that is they have also have to be scaled back because they honestly, neil, they just don't have the move to move the sweeping bill later this year. neil: yeah, even among themselves, that's a very good point. bob, great seeing you, hill editor-in-chief. this is the last day of competition meanwhile in tokyo at the olympics. tomorrow the closing ceremonies and right now we lead in total medals, that's the united states

but not in gold medals and if you notice coverage of this, there are all sorts of ways the media looks at it so are you number 1 if you have the most gold or you have the most overall medals after this? i booked our hotel on kayak.

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neil: all right, this is the last full day of competition in tokyo olympics that were delayed a year obviously because of covid. one of the things i had noticed in the coverable of this is how we account for who is leading, the countries are leading. china, if you count gold medals and the united states if you count total medals and there's no clear trend among that. china's gains and particularly

the gold medal gains and deciding that they will lead tokyo as the big medal winner even though we have more medals and that confuses. we have to talk to clay travis the founder of trends and media and sports and all of that stuff. clay, i'm confused, what determines the country that does best at the olympics. i thought it was the total medals? >> i agree with you it should be total medals but if i were doing chinese state-run medals all is winning, the united states just won the gold medal in men's basketball to beat france and still more events to go. but i think, neil, look, what china is going to sell to its people and to the world is historically the united states has been dominant in all sports over a thousand medals that the united states has won, the gold

medal over 2500 total. far in excess of anyone else including china, but china has caught us at the absolute peak in gold medals and i think they will use that assign of global rising and they consider themselves equal footing with the united states, fair or foul, that is how they will use the olympic game. next year's olympics taking place in beijing which is offering china opportunity to cement status. neil: winter olympics a few months away. they have emerged as olympic superpower just over the last few olympics, they rise and rise each year. of course, never quite like this year and they pour a lot into this. we are told that during the pandemic they chose top olympic possibilities just the possibilities and quarantined

them off far from any of the danger zones of the pandemic to, you know, push this 24/7 training regiment the likes we have never seen in olympic history. i assume more of that to come. >> well, that's what authoritarian governments do, right, they use the olympics and international competitions like this to burnish their global standing. we saw this with the soviet union back in the day and east germany and oftentimes you can look at what is going on with the russia athletes this year, oftentimes they push right to the edge of what is acceptable and what's unacceptable and remember we saw this, if you followed it in 2008 in beijing when they hosted the summer olympics, there was a big controversy over how old the chinese gymnasts were, neil, because of age limits and there was a discussion that maybe they had fudged the ages of many of those olympic gymnasts to give them an advantage and being able to compete at incredibly high

level. i don't think there's any doubt that the geopolitical tensions with the united states and china are now playing themselves out on the olympic stage and china is going to lose -- use if they can getting the most gold medals as propaganda push for their superiority over the united states. neil: just to be clear. this is where i've been, total medals that count. [laughter] neil: total medals, that should be the way to look at it, right? >> i think so. what it represents, neil, the width, still considered best ranking in the world. neil: if we are leading the -- >> that's right. neil: all right. clay, great watching up with you, clay travis. >> appreciate you having me. neil: all right.

we are waiting to kick off what will be a number of procedural votes on infrastructure bill. a little more than a trillion bucks here. supposedly it has a lot of republican support, 10 republicans who will like it. now the stage is set to start voting on it in ways after that i should get used to people staring. so i did. ...

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then get past that procedure and ultimately pave the way for the majority vote, yea or nay on the infrastructure package itself probably tomorrow. we're going to be talking to republican senator from indiana on this and also pennsylvania democratic senator bob casey about what's is the stake. first, chad will steer us through what we'll likely see play out through today. >> good morning, neil, we expect two test votes, and this would break a filibuster, but opponents want to slow things down. >> last thing i'm going to do is accelerate the process and make it easier for chuck schumer to shove this through so he can get to the 3.5 trillion totally partisan tax and spending spree he's got in store for us. how many of my colleagues have thought about this and dug into what the congressional budget

office revealed to us. >> to forge a deal then. >> you've been trying to vote on amendments all day, but encountered numerous objections from the other side. >> the bill adds $256 billion to the deficit, but some g.o.p. members will vote yes. >> i'm very comfortable with the-- an asset infrastructure has the movement of goods and services in our economy, it's an asset that returns value to our economy and ultimately to the taxpayers. >> now, you need 60 votes to crack a filibuster and there's behind the scenes fighting about provisions in the bill to raise revenue from cryptocurrency and they want to beef up for crypto. there's a voting on crypto amendments today. if they stumble, the bill is in trouble, but if the senate clears the procedural hurdles, back to you, neil.

neil: what the heck does anything having to do with cryptocurrency have to do with infrastructure? >> the idea this is a pay for. it raises about $28 billion in revenue, something that they're very concerned about when they got this report back from the cbo saying it put them in the hole to the tune of $256 billion and knowing they will have a bigger bill, the democrats are, 3.5 trillion dollar infrastructure bill. all about the math. i often talk about the math on the vote count, this is the math on the ledger. neil: all right. i understand that now. ted, thank you very much, following these procedures pan capitol hill. senator braun, where are you on this? >> for me, neil, it's easy. when i look at the process how this all happens in the first place, the chronic deficits we have, i believe infrastructure, along with defense are two things we ought to do here and do it in a sensible fashion.

417 ear marks were in a few appropriation bills the other day and that's resurrected. i've never seen a feeding frenzy or an abandonment of what normal companies, local state governments would do with the process of budgeting. i was against it there when you look at the merits of the case of the bill itself. yeah, we're going to be awash in dollars for a lot of things that many people want, especially k street, but we've added, since i've been here, this is the most astounding thing to keep in mind, nearly $10 trillion in debt from the time i got here in january of '19. and we'll put another 4 to 6 out there and none of that ends well in the longrun. so i was against it for that, plus it's got pay-fors and the cbo says half is not pay for and the rest are squishy and that involves things like well,

we'll save money down the road and grab money through a different thing we'll do or get more revenue into the treasury from the economic development associated with it. that's not hard in terms of how you pay for it. neil: all right, so you sound like a no vote and certainly on this the way things are going, senator, i know you're a recent newcomer to washington in the scheme of things and you've said in the past spending seems to be bipartisan on the bent of democrats and republicans and piled up under donald trump even pre-pandemic and this president. do you think we'll get a handle on it? >> i don't think so, and i called democrat i hate to use the word with it, they're political entrepreneurs and their business is growing the federal government. we as republicans are generally kind of the party of no or i'm not interested. we get outmaneuvered on policy a lot and this is what explains how we get here in the first

place. it's the unholy alliance, our party rolling over to get mostly what we want on defense. and remember, i said that's the number one thing we ought to do well here. then we give them everything on domestic and sadly, that's only one third of our budget, discretionary spending. over the years they've come up with gimmicks like mandatory spending similar to social security and medicare on a lot of other stuff. it's a broken system. everyone is complicit and it's mostly anybody that's been here, i think they have to shoulder the blame and our kids and grandkids are going to just be annihilated with a debt and inflation bomb as a result of it. neil: well, they've been in that pickle for quite a while, kids and grandkids. let me ask you something, obviously, you don't agree with your 10 republican colleagues who supposedly are interested in this. the president, the former president, donald trump, has apparently threatened to withhold endorsements for those

who might support this and help joe biden. what do you think of that? >> i saw that and i think that's, you know, obviously political in nature, but has meaning. we've got the 2022 midterms and that kind of thing will be an impact, especially on our side, of course, and i'm just wondering if the public will see through kind of a sugar high this economy is going to be on and know that this is not the way to run any business, especially the biggest one in the world, our federal government, where we borrow in a normal here, 23 cents of every dollar that we spend. so, i think all that comes who em to roost, and if we're not better as conservatives, as republicans, of articulating what happens here, and then when we have the reins again, to weigh in on policy that's important to the american public by controlling the cost of health care, being involved in the climate discussion so we

don't get belted with the green new deal, we'll be on the sidelines again. >> do you think any of the 10 republicans who look at this and like this will be influenced by the not so settle threat from the president, from donald trump? >> i think they definitely will and there are a bunch of other doozies in there where they're injecting policy like with the equality act. they know they won't get that act across the finish line on its own merits unless they really spend on their political capital and reach a filibuster, but there's a lot of stuff embedded in 2700 pages that will drag bits and pieces of other gems that they have been thinking about in this bill and then really hold on when we do the spending, spending on 3.5 trillion which happens here in the next couple of days. neil: senator braun, thank you. >> you're welcome. neil: senator, now democratic

pennsylvania senator bob casey. you've probably heard they're convening a special session to decide, and i think you are a yes vote on this and criticism from some republicans, like senator braun you just heard, it's not paid for. >> neil, thank you. i think there's been a strong effort from the beginning in terms of putting together a bipartisan bill that will invest the kind of dollars we've never invested in repairing roads and bridges just to use one example and to do that they've come up with a list of paid fors. some may not like the list and may cast doubt on some of the pay-fors. but i think it's a legitimate bipartisan effort to come up with pay-fors for very important investments and i just don't agree with the assessment that somehow this is going to be driving up debt. it's an investment that will create a lot of jobs and for

me, neil, you know that our state is a rural state. we've got a lot of small towns that need bridges to be repaired and roads to be repaired as well, and we're going to be able to benefit just over five years from billions of dollars just for roads and bridges and that's not included broadband and investments in pennsylvania communities. neil: well, you know, the criticism from former president trump is that there's very little of that in here. he has said in putting out a statement, i'm sure you're familiar, that the infrastructure bill is a disgrace. went on to say that if mitch mcconnell was smart which we've seen no evidence of, he would use the debt ceiling card to negotiate a good infrastructure package. what did you think of that? and taking this to the debt ceiling so to force the issue? >> i don't agree, neil. look, we're going to get to the question of the debt ceiling, but that's an issue about

whether we pay our bills or not. so, i don't think any public official in office or out of office should be talking about not paying our bills. for me, and i look at this in terms of pennsylvania communities, and i see the investments we can make in helping those communities. in these rural areas, just to give you an example, sometimes one or two bridges in that community is the bridge that connects them to the world. the bridge that takes that emergency vehicle over, over the bridge, the bridge that will carry that school bus full of children. we have to make these investments and this is a rare opportunity to have the kind of bipartisanship that we're going to need to move forward. so, i don't agree that this should be some political brinksmanship, let's just get something done that can create a hell of a lot of jobs and move communities forward. neil: and if tees up what would be next for many in your party have been arguing, senator, for

something grander, three and a half trillion of human infrastructure plan and appears to have no republican support as it stands right now. if things were remaining as they are now, could enough democrats put this over the finish line? i'm talking about the 3 1/2 trillion dollar measure because even some of them have concerns. do you? >> yeah, neil, i think that on that bill that we'll get to next, we've got to pass a budget resolution to start the process and that will be hard, but i think we are going to get the votes for that and then we have to work on the bill itself over august and september, but here is what we're talking about here. we're talking about making investments just by way of one big example, in home and community-based services for seniors and people with disabilities. i've got a bill, i'm leading on this and that's why i'm talking about it. i've got a bill, not to brag, but that bill was recently tested in a nation-wide poll and in that poll, two-thirds of republicans nationwide supported my bill to invest in

home and community-based services and to lift up the work force to take care of those folks. most seniors want to have their care in their home and i don't care what party they're in, the same is true for a family who has a loved one with a disability. sometimes the only way the person with the disability can get to work is if someone tells them to come and help them get ready for work. and mostly women in the work force can't get to work until someone is taking care of their mom ar dad. neil: but that doesn't cost three and a half trillion, right? that might be a worthy measure, but i think the concern about the republicans was all of this year stuff that is, that goes way beyond what we need or can even afford. >> but i also think, neil, the other parts of the proposal are popular. why shouldn't we be investing in quality affordable child care. why shouldn't we be investing in pre-kindergarten to compete with china. we'll get to that later and

hope we can come back and talk about that. i think we can get the votes for that, but i think it will be a challenge. neil: senator casey enjoy seeing you again, senators on both sides will be working through this as well to try to get at least this measure done. we'll keep it eye on that point and we'll keep an eye on the border, numbers are swelling again as are the covid cases. we're on top of both after this. >> the people responsible for this is, i can tell you right now, it's in washington, call your president, call your congressman and call your senators because you want to place blame, blame them, place it on the people responsible and that is washington. they said it couldn't be done but you managed to pack a record 1.1 trillion transistors into this chip whoo! yeah! oh, hi i invested in invesco qqq a fund that invests in the innovators of the nasdaq 100

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when you earn a degree with university of phoenix, we support you with career coaching for life, including personal branding, resume building and more. that's our promise to you. that's career services for life. learn more at phoenix.edu. >> did you ever notice along the border they had a devil of a time just keeping up with the housing for all the migrants that descend on that border and that's sort of the dilemma that

they continue to be. and bill is in texas with more. bill? >> neil, good morning to you. we're in donna, texas in front of that infamous federal facility we all remember earlier in the surge there were horrible images of severe overcrowding going on inside. looks like it's happening again. look at our fox drone overhead of the complex. you can see how badly it's expanded since it was first built in february. this is massive and shows no signs of slowing down. look at the video fox obtained from inside donna, once again overcrowding conditions and a source telling fox news, 5300 people inside with between 40 and 60 migrants in each pod, well above the covid-19 recommended restriction of just 10 per pod. and why is it happening? well, take a look at this video

we shot. every morning and night in la hoya, they do it in hundreds at times and show up and turn themselves into border patrol. and as such, take a look at this, this is an emergency tent compound that's built specifically by the city of mcallen for the purpose of testing covid positive migrants who have been released from border patrol custody. take a look at the size of the park in mission, texas. take a look at it, several hundred migrants have shown up. not everybody in there has covid, some are migrants who tested positive who have their family members quarantining with them. they had to build this because the federal government have been releasing how many migrants in downtown mcallen they're overrun and don't have the capacity and a lot are testing positive.

and one more shocking statistic for you, the federal government reporting on wednesday alone of this week, they apprehended more than 800 unaccompanied minors at the southern border in one single day, back to you. neil: it's incredible, i don't know how you keep up with the numbers. and how with us is a javier lobos, the current mayor. and it seems to be accelerating again there. >> it does. matter of fact, that's why -- last week we had to do a temporary facility right here in mcallen because the-- it's done a capacity of 1200 and that's it. we have to take emergency action otherwise 200 plus possibly positive immigrants released into mcallen, we couldn't do that. yes, we did -- we built a couple of tents the next day moved them to what you just saw

in mission, texas. so we have an issue now, we have thousands of people in donna. you go to the west, and now we have mission and then you go to the south and we have this. and we do have a mess. neil: and to put it mildly, when you hear about the spikes of covid cases among some of the migrants, i'm sure your residents get concerned as well? >> definitely. as a matter of fact, they've come from positivity rate of 4 or 5% to now in excess of 15%. and that's one of the issues we have, to go the rio grande valley, it's been increasing, too. we cannot a-- to the immigrants, we're going what we can to keep our residents safe. neil: you need more personnel. are you going to get any? >> neil, we need everything. that's why we filed a disaster declaration, because we cannot

be doing a federal job. this is not our responsibility, we're trying to keep our people safe. we filed a declaration, we need funds from the state or the federal government to do what they're not doing and that kind of angers us because it's a callus disregard to have the border patrol just drop off the immigrants in downtown mcallen. now, we love our border patrol, we know it's not their fault and we know where the direction comes from and that's where we place blame. neil: hang in there, mayor. you've had your hands full, just got elected and you're knee deep in this. all right, in the meantime, back in this country in the battle over getting vaccinated, looking into this issue, has issues with harassing the unvaccinated. i wonder what he thinks of some companies firing them after this. at usaa, we've been called too exclusive.

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>> can you shame the unvaccinated into getting vaccinated? mark, is a former white house speech writer, a very good piece in "the washington post" in which he addressed the harassment of those who have not been vaccinated and i want to get into that with him. mark, always good to see you. >> good to see you, neil. good to have you on. >> you looked in a different way and that sounded intriguing re-imposing restrictions, and six out of 10 of the unvaccinated have little to no confidence that the shots are effective against variants such as delta when in fact they're

highly effective and going on to say forcing vaccinated americans to wear masks feeds that perception. it's a good point. with all of this going on and mask requirements and everything else going on, it might actually be hurting the cause of getting the unvaccinated vaccinated, right? >> yeah, 100%. look, i mean, president biden told unvaccinated americans that they're stupid, unpatriotic and endangering the rest of us. nobody has been insulted into agreement. if you tell people they're stupid, they're far less likely to change their minds than the other way around and two, it's not true to unvaccinated americans are a risk to the rest of us. it's factually incorrect. if you're vaccinated and being around somebody who is not vaccinated is putting you at almost no danger. c.d.c. numbers, about 1,000 americans who have been vaccinated died of covid out of 166 million americans who have

been vaccinated. a death rate 0.0005%. you're more likely to die in a lightning strike than covid-19 if you've been vaccinated. you're more likely to die of seasonal flu than coiffed if you've been vaccinated. and so the unvaccinated are not a risk to the rest of us, they're a risk to themselves and we ought to be encouraging them. but the idea that they're put into danger and can't allow them to businesses and restaurants and the rest of it is not scientifically accurate. neil: be that as it may, there are still 93 million americans who have not gotten vaccinated and we understand the numbers are declining, maybe in the reverse of what's going on with this uptick in cases. you know, fully 70-plus% of americans have at least one shot, but the spike in cases is among the unvaccinated. you're quite right.

should we force the issue and do something and say, all right, these cases might go away, your worries go away, if you just get vaccinated? because there's a stubborn percentage, f.d.a. approval or no, mark, will never get the vaccine and see no reason to get the vaccine. >> look, people are free to be wrong. some people make bad health choices all the time, they smoke, drink, die of cirrhosis of the liver. you're right, roughly 90 million people have not gotten the vaccine, but half the population according to marty, fox contributor, has natural immunity from prior infection so about 45 million who have no immunity. and natural immunity is almost seven times more powerful than vaccinated immunity because when you have natural immunity your immune system knows to attack the entire surface of the virus instead of just the

spike protein created by the vaccine. half the population has natural immunity and more stronger than vaccinated immunity, but if you want to convince people, one of the first things we can do is approve the vaccine so as you pointed out 66% of vaccinated people say they worry that the-- i'm sorry 44% say they will be more likely if it was approved. and they're hesitant to put an experimental drug in their system and the other thing is 66% are worried that the vaccine doesn't work against variants like delta. that's not true, it's incredibly effective. but when you're saying you have a wear a mask and you're sending the message the vaccine doesn't work and you have the social distancing thing and undermining the cause of people getting vaccinated. neil: and why the heck should i go through this if there's no difference in how people are treated vaccinated or no. mark, we'll see how that

filters out. good see you. >> thank you, neil. neil: mark thiessen. a restaurant owner is dealing with requirements anyone who goes into his restaurant better have proof that they're vaccinated, as if he doesn't have enough headaches to deal with next. ow we have their backs. (other money manager) how do your clients know that? (naj) because as a fiduciary, it's our responsibility to always put clients first. (other money manager) so you do it because you have to? (naj) no, we do it because it's the right thing to do. we help clients enjoy a comfortable retirement. (other money manager) sounds like a big responsibility. (naj) one that we don't take lightly. it's why our fees are structured so we do better when our clients do better. fisher investments is clearly different.

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>> this will be economically devastating to the city, but it's par for the course with deblasio who has taken a miley cyrus wrecking ball to the city that we loved and destroyed is in so many ways in terms of equality, crimes, and the like and wants more people to continue the exodus out of here and leave and tell them hey, don't let the door hit you behind. neil: with us a few days ago talking about the new indoor dining requirements that now demand that restaurant owners and managers keep track of who have been coming into their restaurants and bars and who is vaccinated as if they don't have enough to do. and my next guest, i spoke to on fox business, if you don't get you should demand. and he agreed to return, tyler, he runs a place.

i've been there mainly for their drink, the drinks are off the charts. and no, i don't just like to drink i like to eat, too, but i really like their drinks. tyler, good to have you back with us. you said something that hit a nerve with a lot of viewers of all stripes when you said, look, i've got enough hassles as it is without checking and now being responsible for the vaccination status of my customers. but you are under this new rule and measure in new york, you will be. >> yeah, precisely, thanks, again, neil, for having me on the show. i've got to be honest about something. we open september first of last year in the middle of the pandemic. i've seen the wide scope of crazy nonsense that the city and the mayor has thrown at us, so, frankly, i'm not all that surprised by this. however, what i am surprised is the fact that the mayor and the city are wanting the small business, us small restaurant

owners to do the policing here. that's essentially what it is, policing and enforcement and we're not getting compensated for it, it's ridiculous. neil: what do you do and how do you prove that those coming in are, you know, vaccine safe? >> i mean, at this point we're waiting for more guidance from the mayor, which, you know, is slow to come out. and let's be clear here, we're talking about a city that can't count the votes of the recent mayor election, how in the world are they going to develop a sophisticated app to do this sort of vaccine requirement? it's kind of nuts. you know, we're politely asking people just to prove vaccinations and going with the honesty policy which i always think is the best policy. neil: it's an honor system and someone tells i've been vaccinated tyler, no need to worry. there were a few workers at cnn arguing that and cnn ultimately

found they weren't and fired them. it puts added pressure on you and i'm wondering if they lied to you, you could be on the legal hook here. >> oh, one thousand percent. what we have to keep in mind is that bars and restaurants, shops, stores, these small businesses are the life bloods of the neighborhoods. if your neighborhood loses these businesses, the store fronts go black, and crime, silence, homelessness, people have to have a more respectful attitude to what's happening in their neighborhood and everyone needs to look out for everyone else. neil: how are your customers responding to all of this? a lot of this has not gone into effect yet, i should hasten to add. you've obviously got the customers coming back and you were dealing with these through the pandemic, not the latest

rules and you've got a loyal base, how are they reacting? >> we've been through it all. let's not forget, we've been through multiple shutdowns and it was vandalized and burglarized through this. i'm grateful not only do we have a great team here, but an amazing support of community and regulars and v.i.p.'s and just all around cool party people who come to festival all the time because they love it here. neil: they do love it and they love the drinks as well. so keep at it. but tyler, it's remarkable. tyler hollinger, just what he's dealing with there with the staffing issues and turning out good food and drink. >> neil, we're setting up for brunch, the espresso martinis

they're on. neil: that's the one. i'm intrigued by get balmed, b-a-l-m-e-d. >> anyway i'm on my way, tyler good stuff. what he has to deal with, like so many, trying to do their job and now making them the fbi and the police. we've got a lot more coming up, including something that could get you worried again particularly in the south or just off florida right now, some storms that are forming. we've had a lull in the activity. well, i think the lull could be stopping after this. ♪ introducing schwab stock slices. for as little as $5, now anyone can own companies in the s&p 500, even if their shares cost more. at $5 a slice, you could own ten companies for $50 instead of paying thousands.

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developing in the south atlanta, some tropical depressions and the like reigniting concerns that maybe we're not out of the woods and it could be a busy season yet. reich reichmuth our fox meteorologist. rick, what exactly is going on? >> we started off with a really incredibly active season at the beginning of hurricane season getting to our fifth named storm faster than we ever had. and we've had a month long calm which is nice. we're not going to lie. it's been good. that said, noaa and national hurricane center came out with the mid season forecast, see if the forecast they had earlier in the season had changed any at all. they upped their forecast by one storm and one named storm, between 15 and 21 storms. we've got to tell you, also, the bulk of the hurricane season is ahead of us and i'll show you that in a second here. we have three different areas across the parts of the atlanta we're watching and none of them any immediate threat for the

coastline and plenty to look at and the next five days, 20 to 30% chance of developing into some sort of a tropical system. all right, where you see this peak in that yellow, that's the peak of hurricane season around september 10th and we're just getting into the real active meaty period of hurricane season for about the next six to seven weeks we see the bulk of our action, probably by the latter part of this coming week, we might be watching something maybe formed, possibly something getting closer to the u.s., maybe the week after that. plenty of time to watch it, just everybody know that we've got this very active season. one last thing i want to talk about, the drought monitor, big improvement the last couple of weeks in the areas of arizona and new mexico. we had a lot of rain especially across parts of arizona the last two weeks, our drought has improved, fires across the southwest improved, but not across parts of the northwest and still watching those in california. because of that smoke concerns

across the central part of the country and obviously the fires burn across parts of the west. neil. neil: rick reichmuth. thank you very much. you heard yesterday from governor cuomo's lawyers, they were addressing some of the charges against the governor and they focused on one woman who has since gone on to file criminal charges. today we're going to be hearing from the albany sheriff's office on that criminal complaint against the governor. we'll have more after this. ♪ someone once told me, that i should get used to people staring. so i did. it's okay, you can stare. when you're a two-time gold medalist, it comes with the territory.

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>> you know, with so much craziness in the news and cuomo

allegations and few pick up the sad passing, afl-cio richard trumka dying of a heart attack age 72. a frequent guest on this show i've done for decades now, always a very strong force advocating with the american worker. whether you agreed or disagreed i don't think that anyone felt he was not passionate about his cause and people that came down to the american worker. take a look. >> i speak for my members and i have a fidelity to one group only and that's to the american worker. when their wages are flat, their health care is under attack and paying more and more and more for health care every year. when their pensions are under attack, i'm going to stand with them and fight, whoever it is, no matter what party that's attacking them. >> the germans make higher wages than us, kicking our butts in the market.

and scandanavians, the canadians, brazilians all are creeping up with higher wages, it's not just about they can't do it and we can't do it here. neil: and they have a lot of jobs abroad. germany is all over. >> no, no, they create more job at home. neil: now you're making things up. >> no, i'm-- >> look at me, look at me, you're making stuff up. >> neil, we'll do this, if i'm not telling the truth will germany i'll give you my salary for a year. and if i am, you give me your salary for a year. neil: done. >> (laughter) >> if wage growth is at a 10 year high clip what's so bad-- >> that's for one month. that doesn't-- >> did you complain about it. >> decades of flat wages. neil: did you complain about it when it was barack obama that's president? >> i did. you remember when ttp--

whenever he did things i didn't agree with i'm against him. >> we believe in the freedom of speech and we all ought to be able to talk to each other when even when we disagree. you and i have disagreed at times, neil, but we've never stopped being friends. when the president does something for jobs we herald it and support it and we're going to continue to do that because we think that's best for the american worker, the american economy and quite frankly, your country. i think the press has to be fair and balanced. you recognize that phrase, neil, you might like that one. neil: i did. i'm glad you brought that. [laughter] >> i owed you that one. neil: you did. >> we have to try to put this stuff aside and look at the policies where the country is headed. let's try to fix the problem.

neil: richard trumka, a gentleman, a scholar, he never liked that definition, he believed passionately in a cause that was the american worker and you could agree or disagree, i never found it disagreeable. he was a good friend, a decent human being, a man who to work with republicans and democrats for the sake of the american worker. it was always that worker who mattered and it matters now that he is gone. richard trumka, dead at age 42 -- 72. more after this. this isn't just freight. these aren't just shipments. they're promises. promises of all shapes and sizes. each with a time and a place they've been promised to be.

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it takes a certain kind of person to change the world. my great-great-grandmother, my great-grandfather, great-great-grandfather was that kind of person. he looked after his community. she built an empire. he protected this nation. they lived their lives in extraordinary ways. with ancestry, i learned the story of peter vaughters... william lacy... madam c.j.walker. they are the heroes in my family. who are the heroes in yours? >> all right. i want to take you to albany, new york right now. the county sheriff is going to be holding a press conference on the criminal charges against the governor on bought of a woman who used to work for the governor. the former doj prosecutor, jim,

the cuomo lawyer presser yesterday pretty much entirely focused on this woman and her charges. now, a criminal complaint for good reason. hers are the most severe. where do you think this goes? and the likely battle that ensues in this impeachment quandary? >> right, there might be a lot of battles, neil. the first fundamental thing is law enforcement including prosecutors and sheriffs are not going to be well-served by litigating this in the press. and that kind of temptation created yesterday by rita glavine and representing cuomo. it will be interesting to see if that ratchets down. if there's an impeachment hearing they'll make a demand for live testimony. in other words, you can't just impeach him on that report for that aspect of impeachment.

and every attorney wants a shot. and what's the impeachment format going to be and how that might have a negative effect on any criminal cases that get charged in albany or elsewhere. >> how much time do you put into the cuomo legal team's argument that the charges with filed recent dating back to acts that were some time ago? to question the timing and even the accuracy? >> well, late reporting is never helpful for prosecutors. you really want cases that are, you know, accompanied by a 911 call moments later, but i think the sign we're getting more used to this psychological dynamics explain that and if you look at that report, one of the biggest components of it is retaliation. you know, even a pretty tough female trooper that was one of his victims said we all know

how very vindictive he is. i didn't want to see my career scuttled by making a claim. i think it's understandable that people don't make immediate reports, but it's a challenge for prosecutors or anyone filing a civil suit to overcome that initial problem. >> now, the process would be likely on, i know the cuomo team has until friday to get everything in order and in the case, do you think it will get to that? i talked to rah number of top democrats who thinks they will resign before any of this will happen. what do you think? >> i don't know, this guy has a healthy dose of narcissism in him and to have a friday afternoon press conference that originally sounded like maybe that's going to be his swan song, but instead was an aggressive defense. i don't know that he's not going to put everybody to the test. he may figure that it's damned if you do, damned if you don't. his political career, his political ambition maybe other than joining cnn, are probably

in the toilet so he probably figures he might as well fight hard and see what happens. neil: we'll watch very closely. jim, thank you very much. just to update you, waiting to hear from the albany county sheriff concerning this criminal complaint of a woman who used to work for governor cuomo, griff jenkins and jacqui heinrich to take you through that. that will do it and more. griff: welcome to fox news live. the albany county sheriff is holding a press conference at this moment. let's listen in. >> not that i'm aware of at this time. again, we're in the very infant stages. >> to the governor-- >> we have not talked about that at this point. >> sheriff, can you tell us approximately when this incident occurred? >> i'd rather not, sir, at this point. again, we're in the infant stages of this investigation. i do not want to go any further on that. we have a report on file it