results, the minute he is gone, they try to reverse it, look what happened. tammy, thank you. you nailed it. set your dvr, we'll see you next sunday when the next revolution sunday when the next revolution jillian: it is monday, august 16th. straight to a fox news alert, an unmitigated disaster, the afghan government collapsing to the taliban as militants storm kabul and take the presidential palace. >> the pentagon sending additional troops to evacuate americans who are gathered at the kabul airport, still no word from president biden. jillian: you're watching "fox & friends first" on this very busy monday morning. i'm jillian mele. carley: i'm carley shimkus in for todd piro. we have coverage on the deteriorating situation in afghanistan with caroline live

in washington, d.c. jillian: first we go to ryan chilcote with the latest developments from overnight. >> reporter: chaotic scenes at the airport in kabul as thousands of people try to flee the country. keep in mind, that airport in the afghan capital is the best bet for most people to get out of the country right now. most of the borders are controlled by the taliban so if they want to get out, that's their way to get out. there have been reports of gunfire at at the airport this morning and there have been reports and video in fact on social media of fatalities. we're working to confirm all that now. what is clear is that there has been absolute mayhem at the airport and the hasty exit for the door have caught the u.s. and allies offguard. this is happening with the taliban already in control of most of kabul and much of the country. suffice it to say the united

states and ally woulds have wanted the evacuation to happen before the taliban entered the capital but that happened yesterday. the taliban are already in the presidential pass has which the former -- palace which the former president of afghanistan fled yesterday and they're clearly seeking to project calm, promising an exclusive government. have a listen. >> [ indiscernible ]. we were able to have occupation for 20 years. >> reporter: the evacuation of u.s. personnel and at least some afghans who helped the united states and its allies on the ground continues. we have no reports there have been any obstacles to an orderly evacuation for at least u.s. citizens and some of those

people but obviously we're keeping our eye on that, given all of the mayhem at the airport. u.s. secretary of state antony blinken is defending the u.s.'s decision to pull out. >> i have to tell you that the inability of afghan security forces to defend their country has played a very powerful role in what we've seen over the last few weeks. the fact is, we invested, the international community invested over 20 years, billions of dollars in these forces. >> reporter: back at the airport, there are reports that at least some of that gunfire was generated by u.s. troops firing into the air, simply seeking to control the crowds. reports also that tear gas may have been fired as u.s. troops try to control the situation at the a airport. obviously we're going to continue to watch that. meanwhile, back at the u.s. embassy, the american flag has been lowered and we are told

that the embassy has been evacuated. jillian: some of the images coming from the airport in kabul are stunning and devastating. brian, thank you. the white house is under fire for going silent amid this historic collapse. caroline shibley continues our team coverage from washington. >> reporter: good morning, jillian and carley. reaction is pouring in from all sides in washington as the situation changes on the ground in afghanistan and members of congress seem stunned by the swift fall of kabul. as late as friday u.s. officials said they thought the afghan government could hold onto power for another month. this weekend, the taliban marched into the capital city, easily taking over. the biden administration is taking criticism from both sides. >> this is a crisis of untold proportions. this is an intelligence failure. we underestimated the taliban and overestimated the resolve of

the afghan army. >> they're going to grow back like a weed and once again strike the west. this is a repeat of the obama administration yanking us out of iraq too soon that led to the rise of isis. >> reporter: in a statement on saturday, president biden said i have authorized the deployment of approximately 5,000 u.s. troops to make sure we can have an orderly and safe drawdown of u.s. personnel and other allied personnel. the president ordered another 1,000 troops into the country, that is the last time we heard from the president. a member of congress who is on a foreign affairs committee call over the weekend told fox we heard more from the taliban than we've heard from biden. mr. biden is expected to address the nation in the coming few days. white house press secretary jen psaki is also not talking, she is out of the office and her auto reply directs people to reach out to others in her

absence. carley: caroline, thank you. texas congressman michael mccall is the top republican on the house foreign affairs committee. he says the disaster in afghanistan isn't just an intelligence failure, it's president biden's failure. listen. >> this will be a stain on this president and presidency and i think he'll have blood on his hands. they totally blew this one, completely underestimated the strength of the taliban and yet the state department, secretary blinken, the politicos in the white house want to paint this rosy picture thatsomehow the peace talks would deliver a rabbit out of the hat at the 11th hour. guess what, that didn't happen. jillian: we're going to bring in peter meyer, an iraq war veteran, spent a year in afghanistan. thank you for joining us this morning. before we get your reaction, i want to take you to a clip, this was the president speaking about the possibility of a taliban takeover which at the point on

july 8th, he doubted that was a possibility. listen. >> the afghan troops have 300,000 well-equipped, as well-equipped as any arnie the world. the -- any army in the world. the likelihood that the taliban will overrun the country is unlikely. .>> jillian: i want to ask you, in your estimation, how did we get the u.s. troop withdrawal more wrong? what is more stunning, is it appearing to be the lack of execution for the withdrawal or what appears to be total surprise and shock at what happened within the biden administration? >> it's absolutely been a failure to appreciate what the situation on the ground is and how quickly it can change, the underlying assumption behind our planning. i think the asudgesz had been that we -- assumption had been that we would have six to nine months with the afghan government in place, clearly they collapsed within a matter

of days. the entireity of the biden administration strategy was predicated on having the window of time to complete the military withdrawal. we didn't even get to the beginning of that withdrawal until the taliban were in the presidential palace. every stage, we underestimated the taliban, overestimated the afghan government and what we're seeing right now is the consequences of that failure to appreciate the magnitude of the situation. jillian: america's top general, general mark mille, he was on a phone call with senators yesterday. he said the terrorist threat could rise in the united states because of this. he said, quote, let's read it here, terrorist groups like al-qaida could reconstitute in afghanistan sooner than the two years defense officials previously estimated to congress because of the recent rapid taliban takeover in the country and congressman, we have no bases in the region, taliban took over bagram airfield. so without an intelligence presence there or a military presence there, how will we know

if terror groups start to plot attacks against the united states? >> that's obviously a significant concern. he's person any the short -- especially in the short term, especially given the rapid advances the taliban have made and the complete inability for our understanding of what's going on. if we didn't detect among mid-level and regional leadership among the afghan government that they were ready to fold it in and ready to make their own concessions, if we couldn't detect that, how are we going to be able to ensure that any future plots emanating from that region are stopped? how are we going to ensure that we still have a finger on the pulse? this is the type of concerns that we have been told were being addressed, there were conversations in the months leading up to this, many members of congress asking those same questions and being given assurances that right now were

clearly false, were not based on an accurate understanding of the situation and that led to the failure we're seeing today. jillian: there are a number of people, no denying that people across the country were in support of troop withdrawal from afghanistan and that includes democrats and republicans that obviously includes our former president, president trump, who started this whole conversation and really amped up the conversation if you will. however, that being said, it is on president joe biden who is in office right now, who ultimately takes responsibility for this execution or this lack of execution and it begs the question, why do you think there wasn't a plan in place or at least there appears there wasn't a plan in place for americans in the area, for afghan translators, those who worked so closely with us, for women, children, men, innocent people to ensure their safety and for those who are still there, can we even do that at this point? >> that is the number one question. there's obviously going to be

plenty of time for accountability. right now we have to make sure we secure the airfield at kabul airport. there are apparently gun fights breaking of out there, there's tens of thousands of afghans on the runway. we have to make sure we get folks out as quickly as possible. the issue of afghan supporting the forces, these were questions we raised in april, that we were encouraging the biden administration to make this go flat, to start acting. the chaos that we've seen over the past few hours is what happens when you make the assumption that you always have more time rather than doing what you can, letting the perfect, the good, focusing on the bureaucracy and the process rather than the swift action. we need to focus on moving fast now. jillian: what do you think the policy is going to be going forward? do you think there could be an appetite in congress of to send troops back into the region as a long-standing stabilizing force? >> i think we're going to have

to see what tomorrow holds. again, i was supportive of the withdrawal, the execution of that withdrawal has been an embarrassment to this country. we are dealing with 1975 saigon right now, trying to avoid 1979 tehran. what happens in the next few hours, in the next few days is going to determine the next few weeks and the next few months. but it's clear that this was botched on the assumptions. it's clear that we have had a series cascading of failures that led us to this point. we need to do everything we can protect american lives and ensure we don't abandon those who served american forces. jillian: it's so devastating watching the scenes play out. i know there's a lot of people who would like to hear from our president. we will stay tuned. we were told it will happen in the next few days. real quick, before we get you go, want to get your opinion on

this. the president authorized the u.s. response to haiti after the devastating earthquake there. it reads, we are supporting effort to assess the damage and assist efforts to recover those who were injured and those who must now rebuild. the united states remains a close anden during friend to the -- enduring friend to the people of haiti. so far, nearly 1300 people are confirmed dead, nearly 6,000 injured. that's what we know right now. what is your reaction? >> i think it's obviously horrific what we've seen happen in haiti. it's a testament to the magnitude of what we're dealing with in afghanistan that over 1,000 people dying in a natural disaster a few hundred miles from our shores can be so quickly forgotten. that is going to be a long-term humanitarian mission, in addition to the deepening crisis within haiti. we need to be -- this is why we need to be engaged and we need to focus on doing everything we can in the moment to alleviate the pain and suffering but

afghanistan is a tinder box, haiti as well. it's dangerous, dangerous time. jillian: congressman, thank you for joining us. carley: coming up, we're talking to two gold star parents for reaction to the taliban takeover, plus jim hanson and laura trump will join us live to help round out our breaking news coverage. stay tuned.

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jillian: welcome back many a 7-year-old girl is shot dead and her little sister left fighting for her life as violent crimes against children surge in chicago. >> ashley strohmier is here with the latest. >> reporter: police say the 7-year-old was hit in the chest while sitting in the car on the city's northwest side. he was rushed to the hospital but she died from her injuries. her sister was hit in the chest and armpit but is said to be stable. >> somebody out here knows who discharged that weapon on these babies. you stopped one 7-year-old right then and there. she probably had a backpack full of school supplies, ready to

start school. you just stopped her future. >> reporter: police say more than 250 children have been shot across the city this year, with 32 dying from their wounds. >> to say that i am sad and outraged would be an underestimate. i could only hope that every resident of the city is as angry, saddened and outraged as i am. too many young people have lost their lives to senseless gun violence in the city of chicago. >> reporter: this weekend, 46 people were shot you across chicago, 6 people died. philadelphia police say at least five people are dead and six people were hurt in shootings. the city has seen more taken 30 minors died from gun violence this year. the mayor has called the surge heart-breaking and allocated $150 million in the city's 2022 budget to try and fight gun violence. and in new york city, police are still searching for the man who walked up and shot a 21-year-old to death had in a deli.

they say the victim may have been targeted over a, quote, beef on social media. the mother of the victim will join "fox & friends" later this morning to call for justice. back to you guys. devastating. ashley, thank you. onto a fox news alert, a community honors a fallen michigan sheriff shot and killed in the line of duty, saluting the draped casket. a civilian found him injured on the side of the road after he was shot during a police pursuit. the suspect was later shot and killed by other deputies. >> new york city mayor bill de blasio wants to stop crime by paying violent offenders, planning to offer a stipend $1,000 a month while pairing people up with change agents. the new york post found homicides rose 60% in stockton, california in the program's

first year. >> the time is now 20 minutes after the hour, coming up, a harvard professor makes a controversial comparison between south dakota governor chris no,i noem and the taliban take over. >> a homeowner says she is owed more than 50 grand from a an employed tenant, she joins us live with her message. ♪

>> welcome back. the national institutes of health director sens a bleak message to unvaccinated american as the delta variant continues to surge. >> heart-breaking situation where 90 million people who are

still unvaccinated who are siting ducks for the virus and that's the mess we're in. it's a critical juncture to try to do everything we can to turn this around. >> the cdc reported a seven day average of 129,000 daily new cases. that's up more than 700% from early july. but dr. francis collins fears the numbers could surpass 200,000, yes, that's right, 200, weeks. excuse me. a texas supreme court backs governor greg abbott by temporarily blocking mask mandate orders for schools in dallas and san antonio. school officials in dallas a announced mandates, defying abbott's executive order barring school districts and other government entities from enforcing mask wearing. superintendents say they will continue to require masks in their t's districts, despite the court ruling. >> incoming new york governor

vows to be fully transparent with the investigation on andrew cuomo's covid nursing home scandal. >> i'm not going to raise expectations that i have those documents in my hand on day one. i've got a lot of priorities. i will make sure my administration fully cooperates with requests for data. >> hochul says one of the first goals as governor is to get relief money out to landlords and illegal immigrants. cuomo's resignation goes into effect next week. >> the biden administration is expected to give an historic boost to food stamp benefits, the new york times reporting a monthly rise of 25% or $36, making it the largest permanent benefits increase in the social program's history. pre-pandemic levels were $121 a month. the announcement could come as early as today. jillian. jillian: a realtor's association is asking a court of appeals to block the biden administration's extension on

the tenant eviction ban. joining us is a long island landlord who says she is owed $50,000 from a tenant who refuses to pay rent. thanks for being here this morning. tell me the back story here. this tenant has a job, correct, so in your stimulation could be paying rent but isn't. >> exactly. he's been employed the entire time. we haven't received rent since february of 2020. and we speak to his employer who unfortunately cannot give us any information in writing. they say that they need something from a lawyer. the lawyer said that's harassing the tenant. so at this point we know that he is employed but we haven't been able to get anything from them. >> that is unbelievable. so what has your tenant said to you then? >> he says nothing. he doesn't have to say anything. we were working with him in the beginning when his lease was

coming up and he told us a few times he would be vacating and then a day or two before would send a text, would say sorry, i'm not leaving and that's been the way it's been. it's been 19 months we haven't received rent. jillian: that's unbelievable. do you feel like landlords have perhaps lost a voice in this fight? >> completely. landlords don't have a voice. the eviction moratorium is completely one-sided, protects the tenant only. the administration has not offered any help specific to landlords. they do have a few programs that are in place. however, the tenant is the one that needs to initiate that application and if they don't, then there's nothing we can do on our side. jillian: and what would happen -- i mean, look, you own the property. you have someone in there renting the property from you. at the end of the day, it is your responsibility to make sure that the mortgage on this property gets paid, otherwise you're going to be in a situation you don't want to be

in. so how long do you think you can sustain going forward as it is? >> so for us, luckily we do own the home. the issue is it's a family owned home, like i mentioned the other day, there's four of us. it's the general school taxes we have to pay every year, the insurance on the home. we rely on the rental income that comes in during the winter to sustain us and to help us pay for those things that we have to owe. so it's a problem because we have two of the owners on fixed income and that money that we're now spending on that home really cuts into everybody's own budget so. it's a problem. jillian: a problem that so many across the country are dealing with right now. let's talk about new york. the supreme court blocked part of new york's eviction moratorium, an attorney for the

landlords applauds the decision saying, quote, on behalf of new york's landlords we are extremely grateful for the supreme court for reaffirming that even in a pandemic the constitution cannot be put away and forgotten. we sought emergency relief because the continuing moratorium violated owners' constitutional rights and left small landlords struggling to survive. the justice said the legislature is responsible for responding to the public health crisis and must minimize the number of unnecessary evictions. in this case i wouldn't second guess decisions on how to best guard and protect the people of new york. what is your response? >> i feel like that's a win because it specifically said that people can't use the hardship or supposed hardship that they are feeling dues due e pandemic. however, it becomes a backlog in

court, if the judges are going to start hearing eviction cases then i'm confident that eventually we will get there but right now the way i understand it, they're backlogged into april, may of next year. so even though this decision i feel is positive, because our home is in new york, we still don't know when we're going to be able to get in front of a judge to get a ruling to actually evict our tenant. jillian: everythings takes so much time nowadays. >> yes, it does. jillian: thank you very much. keep us updated on the situation, if that changes with your tenant, we would love to hear back from you. carley: the time is now 32 minutes after the hour. we're weeks away from the 20th anniversary of the september 11th attacks and instead of honoring those who ran towards the tower that day, the 9/11 memorial and museum is telling first responders they can't come.

a man that put his life on the line that day joins next.

>> we are back with a fox news alert. overnight at least five people have reportedly been killed at a kabul airport amid the chaos to flee afghanistan. shocking video showing hundreds of people trying to force their way on planes as the taliban takes over. american troops fired shots into the air to try and control the tarmac. >> that is unbelievable.

the pentagon authorized an additional 1,000 troops to be sent to the region, that brings the total being deployed to 6,000, as the american flag is removed from the embassy. all of this while president biden has been at camp david. you see the photo there, being briefed on our national security, on the situation. we have been told that the president will address the nation in the coming days. a lot of people out there, that's not good enough. people want to hear from our president. so you saw that photo of the president and fox news tried to reach out to jen psaki and we keep getting a response through e-mail that says she is out of the office and, look, you are hearing things from others in the administration but this is such a pivotal moment in the history of not only our country, of the world, because you look at what happened 20 years ago and the reason that we started all of this to begin with is because of the response from 9/11. okay. and you have so many people who lost their lives fighting in

afghanistan. we're going to talk to gold star families later this morning on the show. people want to hear from the administration and they want to hear what's going on. they want to hear the plan, because it seems like the plan for the execution of the troop withdrawal wasn't exactly fully planned out if you will because that's what it appears at this point in time. >> you have to wonder how divided -- the biden administration was caught so flat-footed on the situation where we were caught by surprise. i mean, on friday the press secretary for the department of defense was saying that kabul wasn't in any imminent danger and after 48 hours it was he totally taken over. jillian: everything changed. there's a lot of clips of the president speaking on july 8th that people are revisiting. he was pressed on these issues a little longer than a month ago. here's what he had to say, down-playing the taliban take over, this is july 8th. >> afghan troops have 300,000

well-equipped, as well-equipped as any army in the world. the likelihood there's going to be the taliban overrunning everything and owning the whole country is highly unlikely. jillian: i mean, you know, a lot of people are comparing this to 1975 to saigon and seeing those images of our military helicopters leaving the roof and now here we are today in 2021 and, you know, general jack keane had something to say on this yesterday that really stuck out to me, carley. he said this right here, this moment, this is on president biden. take a listen. >> make no mistake about this. while multiple presidents have brought us to this point and there have been good things and mistakes made, president biden owns the taliban victory that was achieved here. that is at his doorstep. he set the conditions for that victory. and no president that i'm aware

of previously would ever want there to be a taliban takeover which would bring back the number one national security concern that we have about afghanistan, al-qaida's presence or international terrorism presence threatening the united states from afghanistan. jillian: it's awful. one more quick point from me. i was thinking about this last night, laying in bed, trying to go to sleep. my mind was racing. i thought there's so many people complaining about what is wrong in our country and then you look at what's happening in a country like this. you have lives of innocent people who are possibly gone at this point now. you have innocent men and women, innocent children, people who have helped us, they spent their livelihood trying to help us in this battle, people who have no way out, they are stuck there, the airport in kabul is their lifeline and they can't get out right now because commercial flights have been canceled. carley: that's such a good point. jillian: you don't know how many people will not survive the situation. carley: they are desperate to

get to the united states. we owe the afghan translators a lifeline because we promised we would be there for them as they were there for us. they're such a critical part of our military missions when we are in afghanistan in dangerous situations. i think that general keane is right when he said multiple presidents have brought us to this point because former president trump negotiated with the taliban to withdraw troops by may 1st. jillian: that was heavily criticized as well. carley: it was criticized on both sides of the aisle. it also had some support on both sides of the aisle. had this isn't necessarily a political situation, it doesn't fall down partisan lines as most news stories do but it was boca raton who pulled out the troops, bagram airport has been taken over, thousands of al-qaida prisoners were are released from the area. think of the national security threat that that poses. what we were talking about

before, the afghan citizens who we owe the lifeline to are now many of them in hiding or stuck over in afghanistan and there was no plan in place to get them out before. and i think it goes to the fact that the biden administration had no idea that afghanistan would fall to the taliban at this rapid rate and that is on them. that is an intelligence failure, that is a total administration failure and it's costing people their lives. jillian: i keep going back to it's devastating, it's sad, all the images coming out. we can't imagine in this country what life is like. that is their life. carley: you were talking about what you were thinking about when you went to bed at night. we wake up this morning as a nation less safe because of what's going on in afghanistan today. all right, in the meantime, we have to turn to this important story. the 9/11 memorial and museum will exclude survivors and first responder from this year's ceremony to commemorate the

20th anniversary of the attack. 9/11 first responder say gel mason -- angel masonnette joins me with his reaction. i think the museum and memorial, they are extending the invitation to family members of people who died but not first responders. what's your response to this? >> my response is that those were our family members that died there. it's a brotherhood, 343 firemen, 37 port authority cops, 23 nypd police officers died on that day and numerous are dying after with 9/11 related cancer. it's ridiculous. you're going to have politicians who will be allowed there to use this as a photo op and the same politicians who didn't want to pass the james act which was named after a nypd detective, we remember detective louis alvarez

pleading congress to keep funding this and now they're going to pretend they care will be there for a photo op and we can't be there? >> it seems nonsensical. do you know why the 9/11 memorial would exclude somebody like you from going to their 20th anniversary ceremony? >> i don't know specifically. i think it's part of unfortunately people just don't -- they say they will never forget but they're forgetting, they're forgetting about the sacrifices that were made by all of us that day and the days after. we were down there days, weeks, months, after the attacks on top of the pile in the area, everybody was inhaling this stuff and i remember driving up the west side highway and seeing signs and flags and people telling us they loved us and would never forget. they're forgetting. carley: this is coming from the museum and memorial, the organization that certainly does a good job and doesn't forget but this strikes us as something that shouldn't be what's actually happening.

they say only family members are invited. the invited family members can bring as many additional family member guests as they would like. so i guess maybe if you know a family member of someone who died, you can go even if you are not in the core family. i think the point is that they should be extending with open arms an invitation to somebody like you. >> absolutely. absolutely. i mean, again, those were our family members. they are our family members. we bled alongside of them, we sweat alongside of them. it's unacceptable. carley: angel, i want to ask you really quickly, we are running of out of time but i want to get your reaction to the news of the day, the taliban taking over afghanistan. obviously the taliban aiding al-qaida led to the 9/11 terror attacks. what's your response to that happening so close to the 20th anniversary of the september 11th attacks? >> it's really sad. i mean, you know, you have nypd

detective joe lynn who was killed in 2015 out there. he was on his third tour, two in afghanistan, one in iraq. he died out there in a suicide bombing. for what? like, you know, there was no plan in place. everything just chaos over there and it's just -- it's disgusting. really. carley: i think a lot of people echo that sentiment this morning. angel, thank you so much for joining us. you're always welcome on this program and we appreciate it. >> thank you. carley: jillian. jillian: still ahead, they're already overwhelmed by the surge of migrants but california border agents were fired at from across the mexican border while they were trying to do their job. tom homan joins us next.

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>> welcome back. violence against border patrol agents on the southwest border ramping up as cbp reports a second assault in a week. carley: the agency saying, quote, as agents escorted the group to their vehicles they heard gunfire and gunshots heading to the area where they were, residents reported seeing several people from the mexican side flee the area. here to react, retired acting i.c.e. director and fox news contributor, tom homan. it looks like border patrol in california was in a situation where they were trying to get a group of illegal immigrants into a vehicle of some sort and then

people on the mexican side of the border were firing shots at them. so is this active aggression something that happens typically or is this sort of an out-of-the-ordinary situation? >> no, it actually happens more than we realize. and i actually patrolled that area back in '84 to '88. i was a border patrol agent in that area. i'm very familiar with that area. i was actually involved in a shooting way back then right if that general area. but that area is known for high trafficking, high human trafficking, high drug smuggling. the cartels know that the border patrol is overwhelmed. they know backup is miles away. half the border patrol is processing family units and children. they're smuggling a lot of drugs into the united states right now because they don't have border patrol online. that's why we have 90,000 fentanyl doses this year.

they're emboldened and making a lot of money and they're willing to take the risk and take on law enforcement because of the money they're making. i'll say this, they're occurreds -- they're cowards. they more than likely shoot from mexico rather than standing in the united states because they'll be prosecuted to the fullest extent of thraw in this country. -- extent of the law in this country. they're moving more drugs. more incidents like this will occur. jillian: that incident that you were references, that comes three days after another shooting in el paso, texas where surveillance camera operators confirmed two suspects armed with high caliber rifles firing toward the north american side of the rio grande. no arrests have been made in that situation. i'm curious if you've talked to agents on the ground as of late and if you got a sense of how they're actually feeling. they must be drained. they must feel unayou appreciated. i -- unappreciated. i have a hard time wondering why

anyone would want to do this job nowadays. >> the morale's at an all-time he low. i've talked to hundreds of border patrol agents. i've been to the texas, california and arizona border. i start inned that career. i wore that university. a lot of guys trust me, vent to me and morale has never been worse. they feel abandoned by the commander in chief, feel abandoned by the secretary of homeland security who doesn't want to admit that there is a crisis, other than he was caught on tape the other day. he can't claim what he claimed that the border is closed. the border patrol feels unappreciated. they feel like they're abandoned. they're working very hard. a lot of them have covid. not only is the job dangerous, like the shootings, over 140 border patrol agents have died in the call of duty. covid deaths are racking up too. it's a dangerous job already. to have them dealing with covid

people coming across to the country, where they could shut it down and take title 42 seriously and reinstate the remain in mexico program, they feel they were put in harm's way on purpose. jillian: there was a huge victory in texas where a federal judge ordered the biden administration to reinstate the program that keeps people in mexico as they await their asylum hearings in the united states. so what's your reaction to that ruling and do you think the biden administration will actually go forward and continue -- reimplement the policy? >> well, if they do as ordered by the court reimplement the policy you're going to see the numbers go down and the border patrol get a breath of air. i filed affidavits to support what texas, arizona and florida, i was involved in the lawsuit so we're two and oh. we beat the 100 day moratorium. we're going to beat them on more

things. this administration is not only ignoring the law, i think they're breaking the law. god bless ken paxton, the state of texas taking this on. i never thought i would say serving my country for 35 years that i would retire and sue a president for not doing his job and upholding the oath to protect this nation. jillian: thank you so much for joining us this morning. we appreciate you and your hard work. coming up, dr. fauci is rejecting a new study suggesting the moderna vaccine is more effective than pfizer in fending off the delta variant. and we get reaction from two gold star family members, plus jim hanson, joe concha and laura trump will all join us live, coming up.

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call now so you can... retire better >> it is monday, august 167th. straight to a fox news alert an unmitigated disaster, the afghan government collapsing to the taliban as militants storm kabul and take the presidential palace. >> the pentagon sending additional troops to evacuate americans. there are reports of people killed in the chaos at the kabul airport but still no word from president biden. >> you're watching "fox & friends first" on this monday morning. i'm carley shimkus. jillian: i'm jillian mele. we have fox news team coverage on theet