katie: welcome to "justice." i'm katie pavlich in for jeanine pirro. earlier this week the obamas pledged to scale back the extravaganza to include only friend and family in response to concerns over the delta variant. what does a scaled back look

like? tents have taken over the estate. hundreds of masked attendees descended on to the island. what he monday the close friend and family include jz, stephen colbert, and many other celebrities. while you are being told to mask up and cancel birthday celebrations for at least two years, the obamas and their liberal pals are playing by different rules. mayor dewith blastio announced that restaurants, gyms and other privately owned establishments will require vaccine passports. >> this is a ma rack plus place full of wonders. and if you have vaccinated all

of that will open up to you. but if you are unvaccinated unfortunately you won't be able to participate in anything. katie: joining me now with more on that battle is arizona attorney general mark brnovich, and harmeet dhillon. attorney general, i want to start with you. we have a state of federalism. what can states do to push back to make sure businesses have rights inside liberal cities. >> thank you for having me on. as most americans in arizona, we are battling two and demmics. one virus was created in a chinese lab and the other in the d.c. swamp. the democrats are using this to increase power. one of the reasons the 1619

project is pushing the revision of history, they don't want us to know that the framers of the constitution made the states to have a check over the federal government. the biden administration has been inconsistent when it comes to the pandemic. and they constrain power in d.c., whether it's nationalizing our elections or trying to dictate to the states what they can and cannot do, it completely undermines federalism. katie: harmeet, take a listen to what joe row garn had to say about the passport system. >> you can't work anymore unless you do what i say. that's essentially what a vaccine passport is. you can't do what you want to do unless you do what i want you to do. don lemon was talking about that

openly on cnn. don't have a vaccine, can't go to the supermarket. don't have a vaccine? can't go to work. katie: there are two arguments, private businesses dock what they want. but in this situation the mayor of new york is mandating businesses have the system in place or people can't go to work. >> both of these are problematic. we have laws that protect citizens from discrimination. these laws are being ignored with respect to this vaccine mandate which we never had before which violates religious liberties and protection over their own body as well as medical issues. when the government mandates it, it's a hundred times worse. we have a racial disparity. only 33% to 35% of

african-americans in new york city are vaccinated. they are going shut out from businesses, from travel, from being able to work out. this is unconstitutional. the government doesn't have the right or the police power to do this kind of thing. there isn't even a rational basis for it. vaccination status is not necessarily a proxy for safety or non-communicablity. we need citizens to stand up. you may make the choice to be vaccinated. most americans are doing that. but the fact that people are being forced into it is tyranny. and if we let it pass for this issue, i guarantee the government, federal, state and local are going to be imposing further mandates on all kinds of issues. >> speaking of mandates and tyranny, we saw president joe

biden expanding this attack on private property rights through the cdc, expanding the eviction moratorium that the supreme court said was unconstitutional. we have seen the federal government overstep and say shutting down churches and businesses. now we are seeing the federal government through the cdc telling landlords in places like arizona that they are not allowed to collect rent. >> katie, it's the bill of rights, not the bill of suggestions. property rights are fundamental to our constitution. the framers understood the distinction. we have rights in property and property in our rights. the biden administration, even the president himself talked about what they are doing is constitutionally suspect. but they want to get out as much money as they can. it's part of a plan to undermine

the laboratories of democracy, which are the 50 states, and get people dependent on the federal government. it's essential to push back against the biden administration. once -- once you cede that power to the federal government, you will never get it back. katie: this is turning into a civil rights crisis. this is not about vaccination and no vaccination. it seems like the end is never. when it comes to the attack on private property, if they dock this on private property rights, what toys say the cdc can't go after issues like gun control or issues like climate change for the sake of public health.

what is the situation with the president openly saying i know this may not pass ziewngsal muster after being told by the supreme court, it's not constitutional. here we are with them pushing forward on it. >> this is a huge problem. the cdc is not a legislature. the cdc is note the government. the cdc doesn't have the right to make up crimes. the federal government has almost no police power over your daily lives. that's at the state and local level. this is completely farcical. this is the type of thing that is an impeachable offense to ignore a branch of government that clearly stated this is not constitutional and go ahead and do it anyway. if we let this stand. it will be the first of many. we don't want the federal

government telling us who can go to school under what circumstances. the death penalty. all of this. this is a long standing plan of democrats. you see democrat congress people who know they can't make these changes in their own states. they are trying to get things done by if i aught at the fed -- by fiat at the federal level. like i said, it may not affect you. you may not a landlord and you may not care. but this is the beginning of a dangerous precedent. if this continues we'll see significant unrest. hundreds and thousands of people contacted me about these vaccine mandates. they are debts pratt to be able to control their own bodies and their own lives. and the government is taking that away from them. we can't let this proceed. katie: it's a battle and we'll

certainly continue to follow it. thank you for your expertise and insight. another story we are following is the mixed messaging on the covid surge. this week it took a bizarre turn. this what the nih director said tuesday. >> the recommendations are for kids under 12 that they avoid being in places where they might get infected which means recommendations of mask wearing in schools and at home. parents of unvaccinated kids should be thoughtful about this and the recommendation is to wear masks there as well. katie: he since walked back those comments. he said he needed to clarify the message he garbled. that there was no need to mask at home. here with reaction to that, author of "covid the author of

fear." dr. marc siegel joins me now. i want you to react to what the nih director said and the cleanup he tried to do and where that leads people to get information so they can do the best they can to mitigate the situation. >> i think it's good he walked it back. i think people at home where parents have been vaccinated, you can't be masking all the time. but your idea about the mixed messaging. that seeds distrust and noncompliance with the vaccine. we need people to look at the vaccine from a public health point of view. that's a patriotic thing to do. it doesn't need to be forced on you by the government who acts like they know better than you do. the more mixed messaging, when you talk about former president obama having a maskless party. you can spread this if uh-huhle

together on a tent on president obama's property. masking confuses the messaging because the vaccine works better decreasing the spread of this variant and protecting you and those around you from this variant. the masking -- for masks to work against the variant properly it's probably an n-95. it's not proven that lesser masks like cloth masks do what we think they are doing. the problem with the government, with the stick all the time, mask, mandate, those words scare people. don't use the word mandate to cover something you don't have the science on. katie: you are telling us the cloth masks aren't effective against the most recent rarant of the disease yet we have teachers unions demanding

children be masked all day. and it affected their development and other areas of their health. why are we recommending they wear masks. especially dr. anthony fauci wrote that they don't stop the virus from spreading because the particles are too small. the epidemiologist saying cloth masks don't work. why are we causing them to wear these conversation if they don't work. >> i don't know if they don't work. they haven't been studied. in three studies in north carolina, utah and nebraska, there was less than 1% spread within schools. we know if you throw kids out of schools they spread it more in

the community than they will do in the school. we need not to give the teachers union an excuse to say the schools need to close again with all the damage you just talked about, the socialization damage. i am saying i'm suspicious a cloth mask that is ill fitting, the i am suspicious a 3-year-old may not be able to properly mask up with what i would want them to use like a kn-95. recommend is the best word. i think masks help. but i'm suspicious cloth masks are not doing what they say they are going to do. it's like a religion you have to follow. katie: if adults are vaccinated or have natural immunity, why do children need to wear masks at all. >> if adults are vaccinated within a circle or have natural

immunity plus one shot, i don't think kids have to be masked in a household like that. i don't think that's correct. i think if you are in a small group in a household and the kids are too young to be vaccinated. and they are much less likely to spread covid-19. and you are vaccinated. and you are protected except for the mildest case. one of the reasons we are not getting people to go for this is because of all this mixed messaging. they feel like you are coming down on you. katie: in a lot of places they are coming down on people with these mandates. dr. marc siegel, thank you. we appreciate it. do not allow the biden administration to distract you. there is a crisis

>> how much are governors directly responsible for what's happening? >> i'm not trying to dance in

any way. if you are not going to be part of the solution, you are not going to be part of saving people's lives, then get out of the way and let other people do the job. katie: the biden administration should take their own advice. the city of mcallen, texas says over 1,500 covid positive migrants have been released in just the last week. >> let's place the blame not on our municipality or our county judge or our governor. the people responsible for this is i can tell you right now, it's in washington. katie: the emergency shelter put up to house migrants expanded yesterday and it's holding 850 after being built for 250. new photos in donna, texas show how crowded their facilities are

becoming. joining us, tony gonzales and sheriff of cochise county, mark dannels. the story about texas and the roles governors are allegedly playing. the bind administration is doing nothing to stop illegal i am grants from coming into the country. and the justice department has sued to stop them from stopping the transport of covid positive immigrants. >> the biden leadership has failed, his border policies have failed and caused -- rained hell on the texas frontier. months ago throughout this process people asked, what can we do? you can remain vocal and stay engaged.

thankfully fox has done that. back in april. we put together a bipartisan border solutions act. one of the things it called for is to add 300 i.c.e. agents to the equation. after months the administration has finally done that. there are 300 i.c.e. agents headed to the del rio sector. but that's just the start. katie: the cartels are loving this distraction in the rio grande valley of thousands of people flooding into the country pulling border patrol agents off the front line. a border agent was fired on from the mexican side of the border. talk about that aspect of it.

there is the immigration issue. but then there is the drug and fentanyl problem and the criminal element unfolding in places like arizona. >> thank you for joining me. what congressman gonzalez said about the bill he and senator sinema pushed, it's a fractured policy. the political stats, i call them when it comes to how they are perceived. in washington, d.c. they are being avoid. on the border they shall real to us. 220,000 illegal entries. 37,000 getaways. that's over 300,000 since president biden has become president. we are very concerned. drugs are up 300 to 400 percent.

250 people are dying every day of drug overdosed. katie, we are in a bad situation on the border. katie: the federal government's job is to protect americans from foreign threats. as of july 16, 8,500 pounds of fentanyl had been seized by border protection. the biden administration is enabling and aiding and abetting illegal immigration into the country and it doesn't seem like it's going to stop despite the bipartisanship you found in congress. >> you are right. while joe biden is sleeping comfortably in washington, d.c. determining whether there will be a mask mandate, in texas i have got families watching their game cameras to see if there are migrants on their property as they are putting their children

to bed. people do not feel safe in their homes. in vilvalde, you have migrants jumping off trains. it's dangerous for the migrants themselves. i urge the biden administration, please get involved. the chaos you caused along the border is unacceptable. katie: thank you so much. up next, can governor cuomo survive? we are live with legal analysis that calls for his resignation. .

now back to "justice." katie: welcome back to "justice." against all odds, new york governor andrew cuomo remains in office. this despite a scathing report from the attorney general that includes serious allegations of state and federal crimes. >> the investigation found that his actions violated multiple state and federal laws as well as the executive chamber's own written policies. i'm inspired by all the brave women who came forward. and more importantly, i believe them. katie: president biden and chuck schumer called for the governor to resign. how does he survive major

scandals? with the help of his pals in the media. >> i called mom and she said i was her favorite. >> i can't believe you are lying to my audiencef. awed -- audience.>> some say i n this show because you harass me. is it true that this was the swab that the nurse was actually using on you and disappeared so that in scale this was the actual wash that was being used. was it this or was it this. tell me the truth. katie: joining me now with more, gregg jarrett. where are we with this situation? >> the clip you just played of andrew and chris cuomo together in this abbott and costello

comedy routine is shameful for a journalist to be doing that. think about what was happening. thousands people were dying and they are yucking it up on national television. chris cuomo spent years propping up his arrogant brother, not challenging him about his role in cover-up of nursing home deaths. now we learn from this attorney general report that i was chris cuomo at cnn who was secretly advising his brother to portray the victims as liars, to blame them, to say he's a victim of the cancel culture and cnn and jeff zucker have taken no action again chris cuomo. he violated just about every

journalistic rule in the books. the charges here could be quite serious. against consent, lifting the blouse of a woman and fondling her breast could be a variety of crimes including forcible touching, assault and battery, and criminal harassment. it will be up to the albany district attorney to evaluate the evidence collected which is apparently quite overwhelming and compelling by the attorney general, but to do his own interview of this particular victim and decide whether andrew cuomo hud be arrested, prosecuted and jailed upon conviction. katie: i think it's important to focus on the word from the attorney general who specificallied said federal laws were violated in this office. the justice department dropped

the investigation into the nursing home scandal. they can launch an investigation into this situation. president biden hasn't got be on board with impeachment. joe biden said in march with governor cuomo was found to have done these things that he should resign and be prosecuted. yet the civil rights division doesn't seem to be anywhere close to the scandal. >> i agree federal and state laws in so far as retaliation, hostile workplace have been violated. action should be taken and civil lawsuits filed. that's the least of andrew cuomo's worries. he has a criminal jeopardy he's exposed to by virtue of many of these complaints given to the attorney general and will surely be given to the five district

attorneys in five counties who launched an investigation into whether andrew cuomo committed crimes. katie: be sure to check greg's new series. jfk the conspiracy continues on foxnation.com. a shocking statement by a member of the so-called squad that will leave you stunned.

katie: welcome back to "justice." we learned squad member cori bush's campaign filing show she spent $70,000 for private security. she has been one of the loudest left wing voices demanding at every opportunity police be defunded. she had this to say what having armed guards for herself. >> i have had attempts on my

life. i have too much work to do, and there are too many people to need help for me to allow that. if i end unspending $200,000 or $10 more dollars on it, i get to be here to do the work. so suck it up. defunding the police needs to happen and put that money into social safety nets because we are trying to save lives. katie: tomi lahren is here to talk about it with charlie kirk. a lot of irony, a lot of private security are former police officers and former members of the military. but it's reprehensible moral position to defund police protection for the communities that need it most against violent criminals while you yourself take money to pay for private security. >> what she is saying is her life is more important than that

of her constituents. we have leftists and squad members saying they want to come after our gun rights. and they want to curtail your ability to defend yourself. when she has her private security detail, she is not calling social workers or mental health workers to protect her very valuable life. she has armed guards and police officer to protect her life. it shows the ever present liberal privilege we have to deal with. i hope they play this kind of comment on a loop when the democrats tell us that they are not for defunding the police. katie: the white house has gas lighted republicans and trying to push out the narrative it was republicans who defunded the police last year.

now you have cori bush saying a lot in 30 seconds about defunding police. she kind of iewned weeks of work by the administration to take back that narrative. >> i don't like to overemphasize on style. but i'm going to. her attitude and the way she said that was so telling of the democrat party. unapologetic. of course i deserve security. don't you know who i am? i'm important. not like my constituents who have to fend for their lives. she represents the blm incorporated movement while they are silent on the slaughter of children in chicago. they could use private security. it's absurd to hear a lunatic like cori bush say that. these are people who are in charge our government. she has power and she is saying i get guards, you don't because

i'm a really important person. i hope there will be a political cost to this. but unfortunately she'll probably get elected again. i want to thank cori bush to give us a perfect 30-second attack ad for the 2022 election. katie: this is pervasive among city councils. we saw this in minnesota, then used taxpayer money for their own private security. there are real life and death consequences. and we have seen a significant rise in violent crime. >> there are some elected leaders trying to go back and refund their police departments. but it's not even enough to refund your police departments. you have to stop with the demoralization of police officers. you have to give them the

resources and the respect they deserve so recruitment can go up and retirement go down. they have got a whole lot of cleaning up to do if they want to get away from the narrative. i want the american people to be safe and secure no matter who they vote for. it's really the human cost we need to focus on here. katie: final word to you. >> her attitude and the way she leaned in on it is very telling. these are people who don't think they will have to give up political party anytime soon. they do not believe in human equality as if we are all human beings. she believes in the divine right of kings. the way she spoke would nobody different than a french king or sultan saying i have guards, you don't, get used to it. this is a violation of the american project and i hope it changes soon. katie: thanks so much.

still ahead. forget about kneeling and covering your face during "the national anthem." we are going to

katie: patriotism and love for

our country does still exist. this week we saw an olympian who made america proud and shared her love for the country. she was asked a simple question after winning her gold medal, how does it feel to represent your country. she said i love representing the u.s., i freaking love living here. i love it and i'm so happy i get to represent the usa. love it. she had inspiring words for young people back home. >> i'm very happy, i keep crying not to cry. >> what does this mean for the popularity of the sport and for all the young girls that will see you and feel inspiration. >> they see someone like themselves on that podium. just because you are a femalen't mean you can't accomplish the biggest of goals. and being an olympic gold is the hardest thing i have done in my

entire life. spencer, what was your reaction to her reaction about winning gold. i thought it was pure joy. >> it was contagious. you seep someone who realizes all the hard work she put in paid off. if you look at her family's story. her father came here from ghana. he died while she was younger but she kept fighting on. and you see she realize she realize not just her dream, but her father's american dream. it's unfortunate that i's a surprising thing some see. what we have seen from the women's soccer team and the demonstrations on the podium. to see someone recognize what it is to achieve that.

obviously a role model for young athletes. and an inspiration. katie: there has been so much attention paid to athletes who did not go to the olympics and win gold. but they wanted to protest the united states of america saying they don't like the country and wanted to make that point while representing the united states. is this refreshing to see someone who isn't a political person. she overcame a number of challenges personally and in her sport to get to that home. i believe like in a society where challenge is taken away from people and we are told that's a good thing. it was nice to see someone prove the opposite. >> she asked to overcome those challenges. she made it about the fact that you can overcome those challenges.

nobody wants to look up to somebody who is going to tell you you are a victim, the united states kiss a horrible place and you don't have the -- the chance to make it. that's what young people want to look up to. i think that's why people are reacting strongly to this. katie: these principles come from somewhere. we are taught we are proud of our country. we experience things that make us proud of our country. we overcome adversity. but we are seeing a movement to put critical race theory into our schools. parents are told they are not allowed to see the curriculum. but many students are taught not to be proud of the united states of america. >> that's the sad thing. we are facing a future where there won't be more olympians

like tanayra. like you said, we are seeing that take place in school districts across the country. when parents are realizing what's going on. parents are sometimes arrested at school board meetings for taking part in their children's' education. it's so important for the next generation. katie: we have school boards suing parents when they try to get information about what their kids are being taught. there are athletes that are proud much their country. cindy mclaughlin said she was proud of her country. alston felix putting the flag around her shoulders when she won as well. there are a number of athletes who should be getting far more attention for not only being proud, but of the country they rere

that's it for us tonight. i give her watching. i will see you monday 5:00 p.m. live on the five. dan bongino is up next and tonight he has exclusive interview with the 35th president of the united states, donald j trump. it's to get back into the classroom president trump has a strong message for the growing defund the police movement in washington. don't go anywhere, dan is up next. ♪♪ ♪♪

♪♪ dan: hello, welcome to "unfiltered". we've got to have the 45th president of the united states, donald j trump. you're not going to want to miss this but i want to talk about something first. i want to talk about the democrats, their love affair with life and the burden of carrying all the lies all the time. this was an address this week must read by victor davis called the crushing weight of lies. opmi