>> that's florida/georgia line in michigan, i think. >> beautiful day. thank you for joining us on this wednesday. have a great wednesday and see you back here on the couch tomorrow. >> have a good one. >> see you on radio. >> bill: good morning. 9:00 here in new york. pennsylvania waking up to a cliffhanger. so are we. republican senate primary still too close to call as we say good morning back here in new york. ifm owe bill hemmer. hello. >> dana: i'm dana perino, "america's newsroom." the races in the last few years so interesting. it's the entire nation wondering. >> bill: midnight last night shannon bream says hemmer, you need to go. she said it would be breakfast soon. i said dana is buying. >> dana: i will also buy. >> bill: dana has breakfast.

>> dana: dr. mehmet oz and dave mccormick are separated by a few thousand votes. if the margin doesn't get bigger it heads for a recount. >> bill: pennsylvania's recount threshold, half a percentage point, .5% still tallying the votes and both candidates sounding very confident late last night. >> when all the votes are tallied i'm confident we will win. >> we can see the path ahead. we can see victory ahead. >> dana: bryan llenas is reporting live from new hope, pennsylvania. you had a late night. catch us up this morning, bryan. >> good morning. we're in bucks county, the philadelphia suburban county that put oz over the top. the margins here were better than people expected. oz is currently leading dave mccormick by less than 3,000 votes statewide. the doctor is winning bucks county by some 5,000 votes.

the mccormick camp says they're confident that thousands of absentee and mail-in ballots will break their way. perhaps voters chose mccormick before trump's endorsement of dr. oz in april. win or lose the oz camp says trump's endorsement was very helpful. thanked trump first last night as mccormick expressed confidence. >> after he endorse evidence me, continued to lean into the race in pennsylvania. god bless you, sir, for putting so much effort into this race. i will make you proud. >> we found it on the ground. we knew it was working. we knew our message to take back this country, we knew our message was resonating with the voters of pennsylvania. >> meanwhile, conservative commentator barnette danced and praised.

she had an undeniable impact stripping votes away from both candidates. barnette was endorsed by another candidate. he was the anti-establishment pick known for his beliefs that the 2020 election was stolen. >> they think they could win this by throwing 20 and 30 million dollars around. the people of pennsylvania, we're no longer asleep and we do not consent. >> if the margin remains half a percentage point or less an automatic recount will be triggered. candidates will be given a 24 hour notice. the recount must start by may 26th and must end by june 7th. overall there were just minimal issues according to the state department here in pennsylvania, but an estimated 22,000 mail in ballots in lancaster county were misprinted and go through those by hand.

the elections in pennsylvania take days. >> dana: we might not know today. thank you for keeping us up to speed on all that. >> bill: don't go to sleep, bryan. dana, when we left last night at midnight i want to show you what is obvious and what is not obvious on the map behind me here. at midnight last night this is philadelphia area and the counties around the city. bucks county good population, 67 counties throughout the state it ranks four. a lot of people live there. last night when we left 53% of the vote was in. as of today in bucks county 95% of the vote is in. look how it is split three ways. you start to wonder the magic number is 2564, 2,564 votes separate mccormick from mehmet oz here. of the remainder of the vote that's out there, could this be a continued three-way split or would oz or mccormick have a

bigger advantage in bucks county? right now we don't know. we can't say. right now it's too close to call. similar circumstance down here in delaware county. when we went home last night there was only 27% of the vote in in that county. today 95%. look at the difference between the two frontrunners. not a lot between mccormick and oz. lancaster county was mentioned. this is different entirely. of those 21,000 or 22,000 votes how many need to be recounted by hand we don't know the answer right now. but for lancaster, that's where kathy barnette was doing very well last night. so too close to call. could go on for a while, right? but again the number, if you take oz's vote count and subtract mccormick's, you're at 2,564. so the obvious is that more

votes continue to come in. where is not obvious. where does the remainder of the vote happen and what mccormick said late last night he feels really good about the mail-in ballots talking about thousands of them yet to come in. if he is right he is in a good position. we don't know. >> dana: the reason he might be confident knowing they did a big push and had to find a different way to make it up. let's bring in mark meadows, great to have you here. we want to get to your home state of north carolina but the pennsylvania race is too close to call. your initial reactions this morning. >> i'm like you, dana and bill, had a very late night or early morning more accurately and you are right. all of the nation is focused on pennsylvania. we started to see the trends at about 11:00 last night switch for dr. oz and what we do know

is that those remaining votes, as bill was just pointing out in some of those counties, if you look at a percentage, they the tend to favor dr. oz but too close to call. if you have 22,000 mail-in ballots the operation that mccormick had early on was good. i can tell you this, though, the ultimate victor last night across the country was donald trump. i got contacted last night and this morning by two different candidates saying how do i get the endorsement from donald trump? because it is magic. especially in this particular case where mccormick outspent dr. oz 2-1. >> bill: what happened in your former district then, sir? congressional district 11 in north carolina, madison cawthorn was endorsed by the former president and he lost. how come?

>> he did. obviously there are two things that happened. certainly millions of dollars that were spent against congressman cawthorn but the other thing, you know, you are good about digging into the details there, bill. one of the details that was grossly overlooked in the 11th congressional district of north carolina was state senator edwards, chuck edwards. his home state senate district overlapds where madison had to do well in two counties. you saw local politics at a very local level playing out. but the big news was ted budd winning with almost 60% against a former governor of the state. another trump endorsey congressional seat 13 both going on to victory relatively easy. >> dana: the ted budd win was called so early.

he was on laura ingraham's show last night. >> democrats in north carolina realize their party has long since left them and i look forward to reaching out to those that haven't become far left and i want to ask them to support me. maybe there are still some reagan democrats here. the unaffiliated, republicans we have to unite. the republicans need to unite. >> dana: so mccorey thought he had a way to win. he got trounced. >> it wasn't close, dana. part of that is congressman budd ran a great race. the other is never underestimate the power of a trump endorsement, which not only propelled him to victory, but the biggest thing and congressman budd said it, many of the democrats, the democrats are parents and grand parents are disappearing. you are seeing it in new york where you have progressives running again, a race not

called but you guys will focus on, oregon congressional district 5 where you have a moderate democrat being outpaced by a very progressive candidate, a sitting member being beaten by a challenger there. i think woke democrats are the title of the day but it is leaving main street america all alone. >> dana: we'll have ronna mcdaniel on later in the show to talk about that and the trends she saw from last night that could advantage republicans in the mid-terms as well. great to have you, sir. >> bill: mark meadows with his analysis. a lot to be decided. there is a big story happening in the state of new york. we're obsessed by it and let the audience know why. they did a redistricting in the state of new york that heavily favored democrat. it would have favored them considerably come november. a judge threw it out. they came back with another

idea and that got tossed. they went to a special master to say here is what the districts are going to be. what turned out was that you have significant democrats in leadership positions who will be campaigning against each other from now until mid november to try and hang onto their seat in washington a story the country needs to watch. >> dana: several of the districts in new york went from being definite dem pickups to possible republican competitive races. i'm sure kevin mccarthy, the one who hopes to be speaker is looking at all of that. >> bill: you mentioned ronna mcdaniel. >> dana: an alarming mile mikeer for america. the average price for a gallon of gas is over $4 in every state. florida feeling the brunt of it. senator marco rubio tells us why. did hillary clinton's campaign lawyer manipulate the f.b.i. and the court of public opinion

ahead of the 2016 election? two children now hospitalized because their parents were unable to find the proper baby formula for their children. could this have been prevented? >> this is literally not just memphis, not just tennessee or the south. it is literally all of north america is being affected. no, no, no. they're both invested... in green energy. and also each other. digital tools so impressive, you just can't stop. what would you like the power to do? if your moderate to severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection,

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>> dana: children have been hospitalized in tennessee due to the baby formula shortage. the doctor treating them said they suffer from intestinal conditions and need to be fed a particular formula. they didn't have it. steve harrigan has more this morning. >> those two children one was a preschooler who entered the hospital in late april still in the hospital now. the other a toddler who was hospitalized last week but was

released from the hospital and is now back at home. the real problem comes from the fact that there is one company, abbott, that makes 48% of all formula for the u.s. now abbott had to shut down its michigan plant and recall a number of different products due to the fact that four babies got a bacterial infection. this shutdown has created a nationwide shortage of formula and for those parents who have children with special nutritional needs, it is really created a panic of trying to get food for their infants. we spoke to one physician this morning who said the problem in the short term is likely to get even worse. >> this could get very bad. with the shortage in a lot of powdered baby formulas many mothers who can't find formula or afford it if they do find it may think it's okay to add a little more water to the formula. that's not a good idea. >> the fda has reached and

agreement with abbott and they'll reopen the michigan plant in two weeks' time. the problem is the ramp-up will be slow. it will take two months for those products to get back on the shelves. parents are trying all kinds of different things. you see people online with no accreditation trying to advise people. one doctor we spoke to this morning said don't water down formula. don't use other kinds of milk. there is a reason they call it formula. scientifically based and if your child has special nutritional needs you need to talk to your pediatrician. back to you. >> dana: it is very good advice and the government absolutely dropped the ball. another guest on this next hour. >> bill: gas prices break another record high for the ninth day in a row now. on average drives are paying $4.56 a gallon and for the first time ever all 50 states are seeing prices above $5. florida republican senator marco rubio with me now.

senator, how are folks in florida trying to work through this? >> how do you work through it? that's the bottom line. people can't drive less if they have to get to work or kids to school. you cut somewhere else. it has become real for a lot of people. this is not one week of gas prices up. this is eating away daily, weekly, monthly at people's budget at a time when everything else is up. it's food prices, shortages of things you just talked about baby formula. it is a combination of factors and really a parade of horribles all, in fact, due in many ways to the biden administrations decisions. they have waged war against fossil fuels. >> bill: let me go through a couple of things. nbc poll when asked how do you think your family is doing, this is -- 2/3 say they are falling belined. it is stunning. your home state of florida inflation in places like miami and fort lauderdale is 9.6% versus the country at 8.3%. a lot of that has to do with

demand in florida. miami locals are steamed over relocating new yorkers that are driving up apartment rents. and the price of a home if you can find one to buy is going up as well. so it looks like florida feels it more than the rest of america, that's the point. >> always a supply and demand issue. there is more demand in florida in terms of housing. that's a problem. we announced the bill yesterday we're doing to help called the help act to help firefighters, first responders and teachers to afford to buy a home in the community they serve modeled after what we do for veterans. 9.something% in florida. the things people pay on food, gas, energy prices and all the things that we use constantly and are really essential for working people, the rate is substantially higher, sometimes in the 30 to 35% for some food products. this is a big problem. the problem the biden

administration said didn't exist a year ago and made worse by pumping 1.9 million dollars and waging war on oil and gas making it harder to produce american oil and gas. they continue to make it harder. no plan to address it and i think it will get worse. it's a combination of competence and ideological -- >> bill: back on the numbers three fastest growing cities over the last 12 months are all in florida. miami, orlando, tampa. the problem is, as we mentioned. the rent skyrockets. it is up 28% in florida versus the national average of just over 16%. you are talking about gas prices there a moment ago. you now have the u.s. government trying to cut a deal with venezuela potentially to try to get more oil out of that

country and so you are negotiating with dictators is what the critics would say on behalf of the current energy policy of this administration. how do you find your way out of that box? >> well, they actually are trying to say it is about oil. it really isn't. venezuela has no oil to give it. 90% goes to china to pay the interest of the debt. 10% to cuba that provides all the internal security. spy an their own people and government and oppress the population. we have far left extremists inside the white house sympathizers to cuba and nicaragua and venezuela. they sympathize with these people and hated the sanctions and thought oil was a good excuse they could get people to support them on. this has nothing to do with oil. venezuela can't pry us. the oil we need we have. it is in america. they need to allow us to explore it and they're not. telling banks not to fund the projects. canceling leases and waging war

on oil and natural gas and that's why supply is where it isn't where it needs to be. >> bill: do you see anything changing with this administration? >> they are absolutely not going to change. there are people that like it. they won't say it and they don't want to get crushed in the next election. they like the fact there is inflation and high prices. they believe the more expensive oil and gas gets the important people will buy electric cars. well not everyone can afford one right now. we don't have electric cars. the batteries for the electric cars are made in china. look, these guys want this. i've had people tell me to my face, everyone should be riding a bus and getting rid of cars. a lot of elements on the far left that will never admit it but like the fact that oil and natural gas is expensive. >> bill: thank you for your time, senator, from washington today. thank you. >> dana: twitter turns the tables on musk after he

threatened to get out of buying twitter. finland and sweden applying for nato membership. why are they trying to join the world's most powerful military alliance? sweden's ambassador to the united states is on deck next.

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go for days, it could go for weeks. you've got an automatic recount that the state must perform for any statewide race that is separated by less than half a point. well, right now, dana, neither one of these men appear to have an advantage of greater than half a point. so we could be watching pa for several weeks. >> dana: the democrats in pennsylvania have a running start and they know who their nominee is, john fetterman. he will be the candidate. he also had a health scare. he has been in the hospital getting a pacemaker and had a stroke. the republicans, it could be a while. let's hope it's sooner than later. i will never forget 2564. president biden condemning white supremacy causing it a poison. the president and first lady were in buffalo yesterday mourning with families of

victims of saturday's mass shooting that left 10 people dead and three others wounded. the suspect's postings online indicate it wasn't a random attack. we're following the story from buffalo. good morning, alexis. >> right now the community here in buffalo grieving and the governor of new york demanding answers about what red flags could have been missed with the teen gunman who opened fire at the tops grocery store on the city's east side over the weekend. we know so far according to police that this gunman was questioned after he told a teacher in the last year that he wanted to commit a murder/suicide. that teacher called police. he was questioned and had a mental evaluation but he was released. take a look here. this is where this all unfolded and also this is the mug shot of 18-year-old payton gendron. he spent months planning this massacre. in a 200 page document he described how he would carry out the most deadliest mass shooting in buffalo's history going step-by-step in the pages.

the suspect detailing his twisted thoughts in an online journal discussing how he says he became radicalized at the start of the covid-19 pandemic and often contemplates suicide but goes back to renewing his plan for the racially-motivated attack. a half hour before the shooting the social media platform tells us he invited a small group of people to a chatroom to share his plans. no one in that chatroom called police. new york is one of 19 states that have a so-called red flag law. that law prevents anyone who claims to want to hurt themselves or others from having a gun or buying a gun. police say there was no request for that document to be filled out in gendron's case. police went into detail how it is definitely a racial motivated attack investigated by attorney general pledging to prosecute this case to the full extent of the law. >> the justice department is going to be relentlessly and is

relentlessly investigating this as a hate crime and as a matter of racially motivated violent extremism. >> right now as police go through his computers, phones and documents he posted all over the internet to find about more plans he possibly had planned in the neighborhood not just at the tops grocery store he will be in court tomorrow. no cameras in the courtroom but be able to get new information about the charges he is facing. payton gendron is facing that first degree murder charge but we expect to learn more about possible federal charges. dana. >> dana: thank you, alexis. >> this is a good day at the critical moment for our security. i warmly welcome the request by finland and sweden to join nato. we all agree that we must stand together. and we all agree that this is an historic moment which we

must seize. >> bill: the secretary general addressing a new chapter for the military alliance. wow. finland and sweden officially asking to join the ranks of nato, which will dramatically change the strategic landscape of the west. sweden's ambassador to the u.s. is with us now. thank you for your time. it is really good to have you on our program here today. what we found out over the weekend. finland went first, sweden followed. we knew that last week and that has come to pass as of this wednesday. the finnish president over the weekend telephoned vladimir putin to inform him of his decision and he described putin as reacting in a very calm way. did the swedish prime minister speak with vladimir putin yet? >> no, she did not. through the conversation that the finnish president has had we are fully informed about

that message from president putin, which of course was -- because we have seen a threat level coming out of moscow since these discussions have started and know the russians for a long time have been against an expansion of nato and expansion of nato to finland and sweden. >> dana: what sort of dangers do you see if europe and the united states allow putin's activities to go unchecked? you've had decades of neutrality and this is a pretty big change for sweden. >> yes, of course. we have been building our own security for a very long time. we are neutral for 200 years. we drove neutrality when we joined the european union. since the attack on georgia in 2008 and crimea in 2014 we have strengthened our defense. and we have decided now to go up to 2% and the attack on the ukraine in 24th of february

changed everything. the security arrangement we had and built up for so long they are not enough anymore. we have seen that we need to be part of the strongest military alliance in the world and that's really important for us. >> bill: when you consider that, you have to give 2% and change your budget and do it quickly to convince the other nato members you will live by your word. however, turkey has objected to this move. do you think they are firm in their position or can you change erdogan's mind? >> that, of course, remains to be seen. we have had positive signals from turkey earlier that they were welcoming us in the alliance. of course, finland and sweden joining strengthens the whole alliance. it strengthens the north and everyone. we will be next country to security given the capabilities we have and we hope, of course, that turkey sees this as well. but there are diplomatic efforts underway so we hope

that this will be solved soon so that we can start the process to nato. >> dana: one of the big complaints former president donald trump had about nato, some countries in the alliance weren't paying their fair share. they weren't meeting their commitments. i know that you said you want to get to the 2%. how long would that take and what do you want americans to know about sweden's commitment here? >> well, we are really committed to defense and we have been for a long time. as i told you given our history we have really taken care of our own security. during the cold war we were spending 4% of the gdp on defense. we have a huge defense industry and build our own fighter jets and submarines and you have seen how we are providing equipment to the ukraine. so we are actually a great country with security. no matter if we would have decided to join nato or not we had taken a decision to go for 2%. that's notwithstanding joining

the alliance. but of course we know that the bar for nato membership is 2% and that's something we are going for. we're calculating how fast can we get to 2%. it is a massive investment in our industry and you have to be able to absorb it and do it properly because it is extremely important. as i said we're buying new submarines. we are building new ones making our own. ramping up our air force. we are building five new rejments in my country and back to conscript which we used to have during the cold war. so a lot of things are happening to strengthen an already strong defense. >> bill: this is a phenomenal move in the history of sweden. this is a game changer. madam ambassador, thank you for sharing your news with us and follow it as we go. >> thank you so much. >> dana: concerned spurned by the botched withdrawal from afghanistan last august a defense department watchdog

released a 60 page report on isis-k is gaining recruits and could pose a risk to the u.s. homeland within a year. the vacuum left by the chaotic exit giving new life to al qaeda. jennifer griffin pressing the pentagon for answers. >> we're not just sitting idly by waiting for another group able to develop a capability. >> related to the report. you don't have anyone on the ground to spot. how are you going to go after? >> the rise in counter terrorism will be more difficult. it is not impossible but more difficult and i take issue with the presumption that just because we don't have people on the ground will lead to more civilian casualties. >> dana: we'll talk to the authors of the book on the initial defeat of al qaeda and isis. >> bill: black lives matter under scrutiny. where they really spent the money that maybe you donated.

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>> bill: tax filings for black lives matter showed they raised nearly $8 million in 2021. a small portion of those donations were going to organizations they claimed to be helping. william la jeunesse is looking into claims and more on the money trail today. william. >> bill, the $80 million charity arguably the nation's most influential civil rights group had one board member, zero board meetings. that's not oversight. what's drawing scrutiny is use of donor money to hire friends and family. three expenses stand out. they gave $1 million to the father of co-founder patrice's child to produce live events. $840,000 went to her brother paul for security who oversaw security at her private homes

as well. that's a risk auditor of co-mingling foundation money. she admits hiring her mother and sister to work at l.a.'s blm mansion. >> my brother is the head of security and my mom and sister did work at the property. it is not like i literally, you know, opened up the bank accounts and was like i'm bringing all my family and friends in. folks had skill sets. >> she paid two others who serve on the board and they spent 1.2 million lobbying to impeach president trump and eliminate bail. $73,000 on a private jet and used the l.a. mansion for private parties but reimbursed them. they banked $41 million, $32 million in stock. supporters blame accounting flaws on inexperience. >> i actually cannot know what

990s were before it happened. something being weaponized against us that people don't know and don't care about. it is such a trip to hear the word -- term 990s. it's like triggering. >> 990 is basically how you spend your money and raise money. experts say family members should not receive donor money unless they're reviewed and independent board. that didn't happen here. accountability, they had 50,000 volunteers, one paid employee and didn't disclose donors. >> bill: in l.a. today. >> dana: secretary of homeland security mayorkas insisting the border will not be open when title 42 is lifted in five days. many in washington are not buying that especially lawmakers who represent border states. >> when i was on the border last about a week and a half or so ago they were capturing about -- stopping about half the amount of people and the

other ones were able to get through. that is at lower levels even than we anticipate. they are not ready. >> let's bring in brandon judd president of the national border patrol counsel. i assume he might agree that the biden administration is not ready? >> they're -- we're not ready. it is not just the biden administration. the border patrol. we're not ready. instead of using rhetoric let's look at facts. we have more drugs on our streets today coming from mexico than ever before. more of our children are dying than ever before. we have more gotaways than ever before. 800,000 gotaways since this administration has been in office. we have released more people into the united states than ever before. 1.2 million people have been released into the united states. you have for the first time city councils on the border that are controlled by democrats that are begging this administration to actually do something about this current border crisis. all of those facts clearly

equal the border is in fact open, contrary to what secretary mayorkas says. he can use rhetoric as much as he wants but the facts show we have an open border and it will get worse. no policies or programs are put in place to address what is going to come, come may 23. >> dana: let's let everyone listen to secretary mayorkas. he said this yesterday. >> it will end on may 23. it does not mean the border is open beginning on may 23. we continue to enforce the laws of this country. we continue to remove individuals who do not qualify for relief under the laws of this country. >> dana: underscore your points, brandon, the average apprehensions per day, check it out here, is 7,803 and they expect that to go up to 18,000. we're talking human beings, people. then the april border numbers apprehensions were 234,000. that's -- i can even do the

math. 357% increase from april 2018. i thought they wouldn't allow title 42 to end. looks like they're going to do that. now that's the federal government. they have a responsibility to provide the resources to the employees that work for the government to have what they need in order to as they say effectively manage this. do you have the resources that you need? >> we absolutely do not. the only thing that we will be doing is going to be releasing people into the united states quicker. when secretary mayorkas says we'll enforce the laws, all he is saying is we're going to process them under the laws. but ultimately these people will be released. the vast majority of people even if we use our tools such as expedited removal. all they have to do is claim they have a fear to go back to their country and they'll be released. it draws for people to cross our borders illegally. when you look at the numbers, the reason why we expect those numbers to jump up to nearly 18,000 is because what has

already happened. right now historically we should only be apprehending between 1,500 people a day. right now we're at 7,000 people simply because we've only exercised title 42 on a small segment. it will get worse. >> dana: what is your worst case scenario as it looks like it will end on monday? >> we don't have anybody in the field. we can't patrol the border. when you look right now, we already start our shifts with 50% of our resources not even performing enforcement activities. they are administrative duties. once this explodes we'll have nearly 100% of our people doing administrative duties rather than enforcement duties and give complete control to the cartels. that's a scary situation to be in. >> dana: brandon judd, thank you. we'll keep on top of it as the deadline draws near. >> bill: what a day. be there on monday. senate race in pennsylvania too close to call. if you stayed up late last

night we don't have an answer today. are we headed for the recount? most likely. how long will that recount take? a week? weeks? stay tuned. plus new york's highest court taking up the case of happy the not so happy elephant. the lonely elephant could score a landmark legal victory. ♪♪♪ bipolar depression. it made me feel trapped in a fog. this is art inspired by real stories of bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. call your doctor about sudden behavior changes or suicidal thoughts. antidepressants can increase these in children and young adults.

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>> bill: an elephant in the room at the bronx zoo. happy the elephant isn't so pleased. a new york appeals court is hearing arguments over the 51-year-old elephant that lawyers say is illegally detained. nate foye live in the bronx with more. what's up, nate? >> hey, bill. happy the elephant's happiness is at the center of this case.

her lawyers argue she is miserable because she is so smart that she should be granted legal person hood the same rights as a human being. the bronx zoo don't see it the same way. look at this video of happy. as you mentioned she is 51 years old. 8500 pounds. she lived at the bronx zoo for 45 years since 1977. lives on a plot of land over an acre in size. right now doesn't have physical contact with other elephants but is able to interact with them through a barrier. one of her lawyers explaining the case. >> what the non-human rights project is doing is persuade the court that an elephant is not a thing but ought to be a person, which means that they would have the possibility of having a right. >> the bronx zoo released a statement saying there have been millions of words written about this case by the media. fascinated by the possibility

of granting personhood to animals at the bronx zoo we're focused on what is best for happy not in general terms but as an individual with a unique and distinct personality. happy's lawyers want her to be released to a sanctuary where she has room to roam and can interact physically with other elephants. the hearing starts at 2:00 and we expect a decision within a month. send it back to you, bill. >> bill: thank you, nate. to our viewers the bronx zoo is an amazing place. they do great work. thank you, nate, in the bronx. >> dana: photo finish in pennsylvania where the gop primary still too close to call with only a few thousand votes separating dr. oz and david mccormick in the race for u.s. senate. a new hour of "america's newsroom." i'm dana perino. >> bill: i'm bill hemmer. late night last night as you know. >> dana: later for you. >> bill: by a touch. the key race in the battleground state is going down to the wire. we don't have a winner. oz and mccormick both predicting victory when all the

votes are counted. we don't know how long it takes. it could be a runoff if they are less than a half percent a part. now they're within that margin. mark meadows say the odds favor oz, the candidate who is backed by former president donald trump. here is meadows on that. >> the nation is focused on pennsylvania. we started to see the trends at about 11:00 last night switch for dr. oz and what we do know is that those remaining votes as bill was just pointing out, in some of those counties, if you look at a percentage, they tend to favor dr. oz. >> bill: where are we now and what did we learn last night? good questions for the rnc chairwoman ronna mcdaniel standing by. first to lucas tomlinson for the news as we think we know it now from d.c. hi, lucas. >> good morning. dana once again another delay geting election results in pennsylvania. last night state officials say

a printer error is delaying 22,000 mail-in ballots in lancaster county due to a wrong i.d. code. dr. oz holds a slim lead over mccormick out of 1.3 million counted so far. pennsylvania law requires an automatic recount if the margin is .5% or less which is where things stand right now. dave mccormick, a former hedge fund ceo. >> now we have tens of thousands of mail-in ballots that have not been counted that are going to need to be counted beginning tomorrow. and so that is -- we won't have resolution tonight but we can see the path ahead. we can see victory ahead and it is all because of you. >> bill: heart surgeon and tv personality dr. oz received donald trump's endorsement. >> when we win the battles here in pennsylvania, it reflects on the entire country. so if the soul of pennsylvania

is thriving and healthy so will the soul of the nation. my friends we're a role model to the world. >> kathy barnette is running in third and says she has no intentions of supporting her gop rivals in the general election. she trails mccormick by 83,000 votes. the lead in lancaster where the 22,000 ballots need to be counted. john fetterman won his democratic primary celebrated in the hospital after undergoing surgery to have a pacemaker installed after suffering a recent stroke. ted budd won the north carolina senate primary. another trump backed candidate won by a big margin. madison cawthorn and another both lost. >> dana: we'll talk to ronna

mcdaniel. rnc chairwoman. pennsylvania being an important state for republicans this year. open senate race, senator toomey is retiring and the razor thin margins in the senate. this state counts very much. for whoever wins, oz or mccormick, when this is all said and done do you believe that either of them would be in good position to try to beat the democrat's nominee john fetterman? >> i do, dana and bill. i think the thing that we're taking away from last night is first of all republicans outpaced democrat purn-out by 100,000 votes. the first time we've beat the democrats in 10 years in this type of primary situation. we also are going up against a democrat candidate in fetterman who is an acclaimed democrat socialist. if you look at what deblasio did to new york city, that's what fetterman would do to pennsylvania. you would see defund the police, getting rid of energy

independence which is so important to the western side of pennsylvania with those coal miners. he would be a disaster for pennsylvania. the other key factor is republicans have outpaced democrats in voter registrations 4 to 1 since 2020. i absolutely think we'll pick up that senate seat with either of these candidates. >> bill: when you also scan the country, you have a lot to look at now, right? five different states. the biggest night so far in the primary season. when you look at the democratic results, you see a pattern there or any trends developing, ronna? or a little mix and match here and there that don't tell us a lot just yet? >> i do think we saw the left progressive wing from the democratic party win last night. we saw it in oregon. we have a race there that looks neck-and-neck -- looks like the progressive is going to win. we saw fetterman win. cheri beasley in north carolina

is aligned with corey bush who embraced the defund police movement and overall turnout. we have a lot of competitive primaries last night not only in pennsylvania did we outpace democrat turnout but north carolina we have an open senate seat 150,000 more republicans turn out than democrats. that bodes well for us coming into november and shows the energy is on the republican side. >> dana: north carolina, that class was the opposite of pennsylvania. budd tromping mccrory. do consider north carolina senate seat to be safely in republican hands? >> i do. north carolina has been trending more and more republican. we have three community centers open in north carolina. the rnc invested over a million in north carolina and ted budd came out with a strong victory. we had big wins in north carolina in 2020 as well with the lieutenant governor and house races. i feel very good about what we're seeing in north carolina.

on the voter registration trend we have been outpacing the democrats in north carolina 3-1 since 2020. so this is a trend we're seeing across the country and it is showing up in these primary results where both republicans and democrats have competitive primaries last night but republicans outpaced democrat turnout. >> bill: on that point to drill down a little bit. there is a distinction between these races like there is a distinction between the different states. sometimes there is more on the line. you have more races in the senate or governor and maybe congressional races as well and what i've been saying for a couple of days here now is each state is not an apples to apples comparison on turnout. when you consider -- look, i know republicans ran up the score in ohio but there was a lot of energy in the races there within the republican party. likewise for texas. how do you factor that into your evaluation? based on the individual states? >> you're right.

it is different. if you aren't having a competitive race on the democrat side it is hard to do apples to apples. north carolina we had competitive races not just in the senate level but also at a lot of house seats as well and same with pennsylvania. i think those really do match up where you can look at the overall turnout and correlate that republicans had more energy. in texas, something that we saw was republicans doubled -- had 500,000 more voters than democrats. we had a massive turnout in texas. we saw the same in ohio. this is something we have seen consistently throughout the year. why? we know biden is underwater in his numbers and inflation is hurting average americans and gas prices are hurting people. we know there is a baby formula shortage that this administration is not addressing and every time a crisis comes up, the ill-prepared and that's c why we're seeing voters look at republicans and say maybe we need to switch leadership in washington and put republicans in charge of the house and

senate in the mid-term elections. >> dana: you are the chair of the parties. there are a lot of good things you see. what is something that you are concerned about or that keeps you up at night as you think about trying to help the republicans win in the fall? >> well, i don't like the primaries getting so divisive. i think this pennsylvania one we can recover from. it is in may. i worry about august and september primaries in our party. i don't like the candidates attacking each other so much that they can't come out from their negative in time to beat a well-funded democrat incumbent. i worry about that. i don't like the phrase wednesday wave. we all need to work hard for every single victory. we need five seats to win back the house and one for the senate. what i see around the country is angst. american people are suffering now and we need to deliver for them and that's going to happen through republican victories in november so we can course correct the disaster we're seeing under joe biden. >> bill: the endorsement on behalf of donald trump has done

pretty well. hasn't won them all but done very well thus far in the season. i hope you come back. >> 96%. in baseball that's batting a thousand. >> dana: i would never have come up with that baseball metaphor but i'm glad you did. good to see you. >> somebody gave it to me, i had no idea. >> dana: she is so honest. >> bill: the trial against campaign attorney michael sussman continues today. prosecutors accused him of trying to weaponize the f.b.i. against donald trump and create an october surprise in the final stretch of the campaign going back to 2016. david spunt has the details from washington now. thus far, david, where are we? >> bill and dana, good morning to you. court kicked off about an hour ago as is customary here. two big names expected to take the stand today. the first one being mark elias,

the former general counsel to the hillary clinton campaign called in the next few hours. the government's attempt to try to pin this trial on the highest levels of the campaign. meanwhile campaign attorney michael sussman who is actually on trial arrived at federal court this morning with his legal team. federal prosecutors told the jury, bill, it is simple. sussman abused and tried to manipulate the f.b.i. to open an investigation into donald trump, something an average citizen could not do. sussman is charged with lying to the f.b.i. two months before the 2016 election he went to the bureau and said he had information linking the trump organization via a computer server to a russian-based bank called alpha bank. the f.b.i. investigated and the allegation was bogus. he claimed he was doing it as a concerned citizen. the government says he billed the clinton campaign for the f.b.i. meeting. prosecutors told jurors even

though the trump/russia -- the defendant's attorney says he is a well respected cyber attorney and never tried to hide anything or mislead the f.b.i. elias worked at the same firm as sussman. he will be on the stand today one of the top campaign age who brought on fusion firm and someone else expected to be on the stand is james baker, the former general counsel at the f.b.i. the man that sussman went to and relayed those allegations that proved to be false. bill. >> bill: more today no doubt. thank you, david. nice to see you. d.o.j. >> dana: another day and another record high gas price. could it force some families to cancel summer vacations? >> bill: newly unveiled tax documents show that black lives matter gave huge sums of money to the family members of its

co-founder. why would that be? we'll dig into the numbers to find out why with larry elder. >> this is an insult to anyone who actually believes in the concept of remooun rative justice. they should be the most furious about the lies being spread by this group of blm. veteran homeowners. skyrocketing home prices are breaking records. now is the time to turn your home equity into cash. you can get at least 25% more cash at newday than you get at a bank. 25% more cash to make home improvements.

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>> dana: pain at the pump i'm sorry to say is getting worse. gas prices setting a new record high today at $4.56 a gallon. the timing couldn't be worse with the summer driving season around the corner. grady trimble is live in chicago with more. >> the price of a gallon of gas at this station went up 14 cents from just yesterday. but the drivers we talked to

here say they aren't changing their summer travel plans because of high prices just yet. but that strong demand this memorial day and beyond could drive up prices even more. want to rattle off a few numbers. the national average jumped 4 cents overnight. it is up 16 cents from last week. all 50 states are now above $4 a gallon. six states out west including washington, oregon, california are above $5 a gallon. the rest of the country might not be that far behind. analysts say the national average could hit $5 a gallon even $6 a gallon in the near future. listen. >> every day i come here to work and everything goes up another 5 to 10 cents. >> it's not good. doesn't look like it's getting better. >> it is pure crazy for people to pay that much for a gallon of gas. i think of going electric myself. >> a lot of people thinking

about going electric if they can get their hands on an electric vehicle. the ceo of occidental petroleum is warning her expectation it will get worse for consumers. new production is insufficient to meet demand. oil will continue to stay at high prices and gas prices will stay high as well. so wish i had better news, dana. it doesn't look like gas prices will improve anytime soon. sounds like they'll only get worse. >> dana: good to be honest with people what they could face this summer. >> bill: in the meantime black lives matter in hot water after tax documents show how the nonprofit is spending its donation. they made a lot of money, took in a lot of money. foundation paid more than $2 million to a consulting firm run by a member of their board of directors. 1.4 million spent on lobbying. another 1.8 million spent on people with close ties to

co-founder patrice cullor. 2,000 was given to the trevon martin foundation. they bought a house, the group did in los angeles. what do you make of the findings thus far that the state of california is pursuing? >> i think one of the family members, by the way, was the mother of the co-founder patrice cullors. ms. cullors bought four high-end properties including an area out here in california and we know the black lives matter people bought a mansion in canada, also property in the bahamas. bill, that's not the worst of it. the worst is the premise behind the organization. that police are -- there is a harvard economist from the

inner city like i am who did a study and found out if anything the police were more reluctant to pull the trigger on a black suspect than a white suspect. data scientist formerly with thomson reuters he went to michigan, undergraduate degree in economics, went to harvard law and did a research paper and found out because of the police becoming more passive for fear of being accused of systemic racism hundreds of so-called excess deaths in towns like baltimore, chicago, new york where they have these high-end shootings and subsequently the police are pulling back. no longer engaging in pro-actively policing called the ferguson or george floyd effect. it is getting hundreds of excess deaths of black heem are a result of the false narrative. the premise behind the organization called black lives matter. it is outrageous. >> bill: larry, this is a little more than a month ago back in early april.

this is patrisse cullors and her explanation in part for some of the tax documents. >> i actually did not know what 990s were. it is such a trip now to hear the word that -- the term 990s, it is like triggering. >> bill: i know you take exception to those comments and i've heard you talk about them before. it might look really bad -- i know you are not a tax lawyer. it might look really bad. is what blm doing was it illegal? >> i believe at the very least, bill, it cries out for a civil if not a criminal investigation of the -- by the i.r.s. it appears to me based on people i've talked to they've blown through filing deadlines. a.g. in california actually suspended their ability to raise money because of the failure to file the papers on time. and again, the premise behind

this thing take a look at a city like baltimore where freddy wray died. a city where the mayor was black, the state attorney who brought the charges against six officers were black. three of the six officers were black. the judge before whom to of the officer tried their case is black. all city counsel imagine ortee. at the time the president of the united states was black. we talk about systemic racism when blacks are running the system? it is insulting and getting people quild. the black people that black lives matter claim they care about. >> bill: the questions could go to american companies that donated. the headline. corporations don't care if blm is wasting their money. they were buying pr is the headline. we'll see where it goes and pick it up then. thank you for your time today from southern california. >> you got it. my pleasure.

>> not only was that stocked warehouses but multiple stocked warehouses not only filled with baby formula and diepers and wipes and clothing but they have been doing this for months and there is more en route. >> dana: the congresswoman pushed back after critics accused her of lying at stockpile of baby formula at the border. evidence proves her point. the johnny depp defamation trial back in session and we have the latest from the court next.

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>> dana: amber heard wrapping up her testimony this morning after facing questions from her ex-husband's legal team in the defamation trial between the former couple. mike emanuel joins us live with the latest as this trial continues down there. hi, mike. >> bill: some compelling testimony from a january deposition playing just now with a witness describing a switch flipping with actor

johnny depp. the witness heard's friend pennington, close friend, saying depp would behave wonderful around others and times he would disappear and go off by himself or his mood would change to something much darker. moments ago this clip was played about allegations of abuse. >> why were you scared for amber? >> he could be very unpredictable and she -- she didn't have a lot of self-preservation. >> this comes after testimony yesterday by heard's accusation that depp had sexually assaulted her with a liquor battle. depp is suing her over a december 28 op-ed she wrote in the "washington post" describing herself as a public figure representing domestic abuse. there has been questioning

about a march 2015 fight heard and depp had in australia just after they were married. heard said she was sexually assaulted. depp said he was the victim after he lost the tip of his middle finger. closing arguments expected a week from friday. >> dana: thank you for following that for us, mike. >> bill: now the baby formula shortage hitting the country focus of a congressional hearing. executives will testify before a house speaker last week. nancy pelosi says legal action could be the next step. >> when it comes to babies, it is the here and now. i think that when all of this is done, i think there might be a need for indictment. >> bill: house committee will also hear from top fda officials.

>> this is the craziest thing. standing in the warehouse here in donna. >> dana: the pictures don't lie. florida congresswoman backing up her allegation that the biden administration is stockpiling formula at border facilities as parents nationwide struggle to feed their babies. it was shocking when they said you are lying and you said well let me just prove myself. i will let you do that here as well. >> thanks for having me on. if they are going to give me four pinocchios calling us out on a baby formula crisis i want to set the record straight. i flew to the border myself over the weekend and videotaped what i saw was baby formula, diapers, wipes, not one or two but three warehouses full of these supplies.

it is in response to the ongoing border crisis. they are in preparation for when title 42 goes away. and we just heard that clip of nancy pelosi talking about possible indictments. i hope she is going to go after biden's frk da and going after members of her own party if she looks for accountable. >> bill: some have responded to you. mayorkas is one of them. it's a full screen. apologize. quote, we are taking care of the basic needs of people in our custody and taking care of the basic needs of babies, including baby formula. the connection between honoring our humanitarian and legal obligation to those babies and the supply issue in the interior of the united states is false and repugnant. what do you say to that? >> you know, i have had the opportunity to question secretary mayorkas four times now and each time he has

something derogatory to say towards me including being disrespectful, rude, and now saying that my exposing their crisis is repugnant. no one is saying that we aren't going to take care of children in u.s. custody. what we are saying is these children are here because biden has created this crisis and invited them here. we have been very clear from the beginning that even if we were to redistribute all the formula stockpiled at the border it wouldn't scratch the surface with the magnitude of what we're facing in a shortfall around america. when you shut down the nation's largest manufacturerer of baby formula, 43% and you have no plan in place to backfill that marketplace share you're responsible for it. that buttigieg and the white house said they have a plan in place that's a lie. it took an act of congress to get them to move on this after outrage from parents.

>> dana: listening to secretary buttigieg and what he said on cbs face the nation. >> the president said more action is coming. this has been ongoing for months. it is may, why has it taken so long? >> administration acted from day one after the recall taking steps like creating more flexibility for the wic program. more actions underway including looking at imports. >> this is very untrue and you are relatively new to congress and to washington just describe for us your reaction to the stunning amount of incompetence on this very important issue. >> dana, you said it best. it is incompetent. i cannot believe that these officials are willing to go out so far on a ledge and lie outright. there has been no plan in place. if they had a plan clearly it wasn't working. when you have a whistleblower who comes forward and says there could be a problem and it gets investigated and then it does come out during the

investigation there was no connection between what was found in abbott plant and the tragic deaths of those two infants, that was back in march. why weren't they back up and running in march. why was there no communication between abbott and the fda. these questions need to be answered. >> dana: congresswoman. to that point speaker pelosi has suggested that there should be an indictment. but who is she going to indict? >> exactly. is she going to go after her own party's fda? will she look to the white house for all the misdirection and lies they have produced? you can rest assured republicans will get to the bottom of this. if there is one thing that we know it is that you don't mess with moms and dads. you don't mess with mama bears. our whole point in exposing the stockpiles at the border is to highlight this administrations

america last policy. this fda has acted in shameful manner and they need to be held accountable. i look forward to speaker pelosi doing just that. >> bill: it is may 18th on the calendar. five days before title 42 expires. we have drone video we've been showing our video. tent city we're looking at in a moment. white tent on the ground near eagle pass, texas. you were in mcallen which is clearly not eagle pass. mayorkas said they have effectively managed title 42. so when you look at the massive amount of construction on your screen, how do you define effectively manage? >> you know, bill, i asked secretary mayorkas about a month ago in a homeland security hearing if he believed in following the laws of the united states. he said he did, which again is

a lie because he believes in letting anyone and everyone come across the border. in fact, just last week democrats voted to accept arrest warrant paperwork as proof of i.d. for illegals coming across the border. what's happening at the border is a humanitarian crisis, a national security crisis and public health crisis. title 42 going away we'll see 18,000 a day coming across our border. that's invasion. we lose operational control at 3,000 apprehensions a day. this is a crisis of epic proportions and a lot of these folks, they are really just being used as pawns in this game that the administration is playing and it is putting americans here at home in danger. we have got to secure our border immediately. >> dana: congresswoman from florida, thank you so much as we get this wednesday moving. appreciate you. >> bill: so boston,

massachusetts, historic night at fenway park. home team red sox giving up a record five home runs and the same guy caught two of them. when has that ever happened bouncing off the green monster, the second one he caught bare handed. boston got blown out 13-4. he didn't care. he was buying drinks for everybody. beers for everyone throughout the entire city of boston. >> dana: i wonder if he bought a lottery ticket as well. >> i've never heard of that before. same guy, same guy, two home runs. maybe two foul bowls. but two home runs? >> dana: i'm afraid to go to a baseball game because of the foul balls if i'm not talking and paying attention and get hit in the head. >> dana: we're waiting for a winner in pennsylvania in the republican senate primary. the latest count and martha maccallum straight ahead. a major test for republicans and for donald trump. how his candidates did in

yesterday's primaries and what it could mean about his hold on the gop? >> there is no question that whether you like trump or dislike trump as a matter of just history, no modern political leader has dominated his party outside of office on the scale that trump has. best time in history to turn your home equity into cash. because home values have climbed to all time highs. and so has your equity. turn it into cash now. the newday 100 va cash out loan lets you borrow up to 100% of your home's value. you could take out more than $60,000. use it to improve your home. pay off high rate debt. pay for big expenses. or put it in the bank for real peace of mind. turn your equity into cash with the newday100 va cash out loan call now.

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>> bill: so you have a real cliffhanger in pennsylvania. dave mccormick, dr. mehmet oz neck-and-neck in the battle for the primary on the republican side for the u.s. senate. could be days before we have a winner, could be weeks. martha maccallum is with us now. how are you doing, martha. good morning. your top line thoughts. >> counting all the votes and showing us what's going on. thanks for that. >> bill: you're welcome. all i did was push buttons. what i would have liked to have done is said so and so is the winner. how do you evaluate what we're looking at right now? >> it is very interesting and interesting that dave mccormick has held up better in some of the western parts of pennsylvania than maybe some people might have thought looking at the race and the people involved in this race. so his strength i think is really due to the organization that they have around them. and then of course with dr. oz you have the trump endorsement

and he was doing robocalls, the former president. so you have a lot of people that pushed for that. also interesting was that kathy barnette would appeared to be her momentum going into the end days of this race seems to have sort of fr*itered away and the governor candidate separated himself a little bit from kathy barnette at the end and seems to have -- he had a strong win last night and she did not have the night that she was hoping for. i'm hearing there is anywhere from 40 to 60,000 mail-in votes that are still outstanding in this race so it's possible that once all that is counted you don't go into recount mode but, of course, we're bracing for either until we get an answer in pennsylvania. >> dana: it matters a lot to what the next two years in washington are going to be like. the republicans desperately want to keep this seat. an open seat at senator toomey decided to retire. your take on this. "politico" had this report about what president biden has

now decided after running on being the unifying candidate this is what he is saying basically the effort at bipartisanship have taken a back seat. no single moment that made him change course but as republicans -- the president chose to respond in kind and telling aides he no longer recognized the gop which he views as a threat to the nation's democracy and he has that new moniker of ultra-maga. i'm sure that some republicans would be surprised to hear the president doesn't want to work with them anymore. >> hasn't seemed like that has been happening all along. i think back to the crime bill that tim scott tried to get through that would have been a moment where we could have seen a forceful thing from the president to push it through. it is clear that they see the writing on the wall. they see the numbers across the country and they have decided to be all in with this ultra-maga label and they are hoping that will work. i think you are also going to

see a lot of focus on the issue of abortion because we see in the polls that reflect what people care about that issue has been climbing a bit since the leak from the supreme court. so all of that kind of fits into. january 6th, of course. it will fit into the ultra-maga label they'll try to use to win this on. i also think look at conor lamb and john fetterman. lamb is the person who would be more in the mold of the former mold of joe biden when he was running for president. and john fetterman is representing something different trying to appeal to working class voters, wearing his shorts and sweatshirt and he is supportive of continuing some fracking in pennsylvania. i look at john fetterman and actually eric adams in new york as potentially a mold for a new kind of democrat candidate and i think that the president maybe is playing catch-up on that. >> bill: dana and i have a theory about everything, right? you do, too. if you look at the calendar

this has been in the last three weeks where joe biden has gone this way against republicans and dana and i have noted what happened three weeks ago? he had lunch with bill clinton, right? and we now know it has been announced three weeks ago that anita dunn is going back to work in the west wing. you get the sense, martha, that he is getting advice now for the first time perhaps in more than a year from different people. >> yeah. bill clinton obviously said he wanted welfare state to go away. he also said that he thought abortion should be safe, legal and rare. that is not something that we have heard from this president. interesting to see what gets reflected from those conversations and that also just a few weeks ago is about when we had the leak from the supreme court. so i think that it is high time that they changed a few desk chairs at the white house given the way things have been going and not surprising. some might say it should have happened sooner. we'll see what's reflected in

where they go. ultra-maga is here to say, bet on that. >> bill: if you hang out five more minutes dana and i will have another theory about something. >> like the weather. >> dana: slightly more reliable maybe. >> see you later. >> dana: twitter turning the tables on musk now. how the company is responding to him possibly walking away from their 42 billion dollar deal. ♪♪♪ my a1c stayed here, it needed to be here. ruby's a1c is down with rybelsus®. my a1c wasn't at goal, now i'm down with rybelsus®. mom's a1c is down with rybelsus®. (♪ ♪) in a clinical study, once-daily rybelsus® significantly lowered a1c better than a leading branded pill. rybelsus® isn't for people with type 1 diabetes.

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into an average of $60,000 with the newday 100 loan. it lets you borrow all of your home's value so you can get at least 25% more cash than you get at a bank. rates are still near record lows, but are starting to climb. call newday right now. >> harris: it is the day after a big night in politics and it showed influence of former president trump looms large. nearly all of his favorite candidates won. the republican senate race in pennsylvania is still too close to call at this hour. a new report shows 22 million

of president biden's followers are bots. remember, elon musk has been asking how many fake accounts are on twitter. congresswoman stefanik, jason chaffetz, raymond arroyo. "the faulkner focus" top of the hour. >> dana: twitter's board says it will enforce musk's 44 billion dollar deal for the company after he threatened to pull out. kelly o'grady is live in los angeles. >> what this all means is a legal battle may be brewing that could very well rest on how many fake accounts make up the platform. musk calling on the sec to investigate the number of real users under the act situation twitter misstated their filings. a popular view he would have to eat the fee if he walks. the contract has a specific performance clause which allows twitter to enforce the agreement. more likely to result in suing

for damages. twitter will argue that tesla ceo waived his right to due diligence because he wanted to close quickly. if he is right about the bots. >> there is a duty to disclose if the twitter board were to know, management knows and not disclosing, there is potential fraud. in that, if it were to come up, waiver of due diligence does not waive his flight relation to what might have been misstated publicly. >> if musk is able to prove the platform's numbers is wrong and there is external evidence that may be true. there is claiming almost half of president biden's followers are fake and elon blaming the administration for inflation and accusing biden of not getting things done. the white house telling fox business under president biden our economy has record back. i think that's getting things done by any measure. we're not anti-surprised that

an anti-labor billionaire would like to nip at the heels of a pro worker president. a lot happening in elon. with twitter strock trading 30% blow the offer there could be pressure to renegotiate. >> dana: we'll stay tuned. another twist and turn in a couple of hours. >> bill: you can save a few billion or as was saying in the next story save a few million, right? before we go. >> dana: see what you have. >> bill: here we go. new york city has unveiled a new subway station. i know you take the subway often. it did not come cheap. times square, the project cost taxpayers $30 million. the city says it actually came in $8 million under budget. so they put $38 million on the line for that subway station. the last time you were in a subway when was the last time you stopped and said man, this

thing looks like $30 million. >> dana: i actual eye feel like. i appreciate infrastructure and art and all those things but you have to make sure the subways are clean and safe first and then more people will want to ride it. i know this has been on your mind. >> i'm walking down there this afternoon and let you know whether i consider it. >> dana: "the faulkner focus" is next. here is harris. >> harris: well, it looks like former president trump was right about a lot of those candidates in those primary races last night. but it is not over in a key race that could shape the control of the senate. i'm harris faulkner and you are in "the faulkner focus". trump still showing his clout as the republican king maker. 23 of the 27 candidates he backed won. the former president's support was not enough, though, to push a few notable candidates over the finish line including north carolina congressman