i got you here. mock the whole thing down, rachel. knock it down. will: i don't have one. >> just get rid of it. pete: i think will and i ranch -- i won. will: nice toss. pete: great game. have a great saturday, everybody. >> go play some games. pete: see you tomorrow. ♪ ♪ >> we are delayed this morning just by an hour. >> it's a shame. a lot of people have to travel for a living and get home for the holidays. >> i would say it's as bad as they're saying. >> i'm tired, i'm hungry. i want a deep dish pizza if i'm stuck here. neil: the holiday weekend off and not exactly running. what is expected to be the busy labor holiday weekend many three years, and we are on it. from crowded airports where we're seeing more canceled flights looming to busy beaches

where shark patrols are watching what beach goers are fearing the most. many of those vacationers being told to return to the office after the labor day market. the job with market's still pretty strong. will bosses be able to bring them back? and will artemis be able to launch today? after being scrubbed on monday, a weather front threatening today's takeoff. for now though it is still a go and so are we. welcome, everybody, glad to have you. hope you're having a great weekend, i'm neil cavuto. let's go to alexis mcadams on shark patrol mode off the coast of new york. >> reporter: hi, or neil. we are out on a boat right now, take a look, and you can see the area right now here on long island. it's one of the busiest boating and beach weekends across the country, and they are ramping up patrols out many pull force throughout the weekend. already nearly 15 officers that are on patrol looking out for sharks, people operating recklessly and also boaters and jet skiers who could be in

distress. this was an unusual amount of shark activity here on the east coast throughout the summer. hay had a bite, several of them, actually, six bites here on long eye hand alone. -- island alone. we're joined by one of the sergeants here who let us come out on the boat, sergeant joseph fed rico, thanks for letting us come out hereful tell the viewers what you guys are looking out for, it's not just busy here, but all across the country. >> we're concerned about everybody's safety. speed, you want to be -- if you're in a 5 mile-an-hour zone or even a zone that is -- you have to be careful with your with own wake with, and a large boat can flip a small boat. our main concern is safety. we're very service-oriented. we'll assist anybody, but make sure you have a plan, make sure you have life jackets, let somebody know i'm going out at this time, coming in at this

time. i'll be in by 6:00 at night, now it's 10:00. we don't the know, you know? >> reporter: and this is the end of summer, so is people are either celebrating or mourning that a, depends on who you ask. what would your suggestions be just to make sure you're operating as safely as possible? >> again, wear your life jackets, wear, you know, make sure you have, like, your radio's working because if you do need help, when something happens on the water, you're mostly by yourself. the next boat could be half a mile away, and they don't see you. make sure you test that radio before you go out. >> reporter: and you guys have been busy with shark patrol. that's picked up throughout the summer. what are you seeing out here? >> sharks are migrating with the bay fish. they're coming in close to the shore. and sharks are following them. and, you know, they're not looking to bite people, but, you know, if they're biting on the bunker e pods and you're in the water with them, they might bump into you and bite you. most of our bites are like a

puncture wound, they're not like really, you know, big shark attacks. we only had one, the last one was june 30th we had a shark, you know, somebody got -- >> reporter: so a lot to look out for. neil, that's the latest out here in nassau county. but as you mentioned, labor day will be the busiest for travel, so not only hitting the boats and beaches, but also the roads as well. neil: thank you, alexis. hopefully, everyone's safe and enjoys the weekend. but it is a work day on tuesday and how many, ultimately, will return to work, that's the big question here. the jobs report showed 315,000 more americans found jobs and this as a lot of big banks and other companies are saying on tuesday we want to see you back to work. not doing it from home, doing it from the office. lucas tomlinson at the white house with the back crop -- backdrop of a pretty strong jobs market. >> reporter: that's right, neil. more companies telling employees get back to the workplace. in fact, one of the largest

investment banks, goldman sachs, is declaring the pandemic over. president biden isn't to make that declaration, but this is what he said about the jobs report. >> bottom line is jobs are up, wages are up, people are back to work, and is we're seeing some signs that inflation may be, may be -- i'm not overpromising -- may be beginning to ease. >> reporter: according to the august jobs report just released, 315,000 new jobs were added, but unemployment ticked up to 3.7% up from 3.5% in july. here's where the new jobs are coming from: professional and business services, trade and transportation, these your and hospitality, more people taking vacations this summer leading to delays. retail's up, and education and health services, neil. number of people looking for work edged up which is good news for the white house. the republican national committee isn't seeing it that way, and it's definitely not celebrating. quote: hard working americans are living paycheck to the paycheck thanks to joe biden and

dem ca accurates' higher prices and lower wages. as long as democrats continue to rubber stamp biden's agenda and waste taxpayer dollars, families will continue to afford to -- struggle to afford everything. and president biden had this to say about gas prices: >> the price at the pump is now $1.20 the a gallon less than it was at the beginning of the summer. america has some really good muse going into the labor day weekend. >> reporter: the price of gas has fallen consistently since the high in june. it remains about 60% higher than when president biden was sworn in. neil? neil: lucas, have a good weekend yourself, my friend. so the backdrop for what's going on here is a relatively strong jobs market, of course, but that means the federal researve's going to keep hiking rates. and we told you about companies demanding workers to get back. they feel emboldened right now. in fact, more than a million took themselves out of work

force, so we have better than 11 million jobs going begging in country. it is a weird environment that has the workers still having the edge, but for how long? steve moore with us, erin gibbs and jonas max ferris. steve the, howng do you think -- how long do you think they'll have the edge? >> good morning, neil. look, there are -- it was a good jobs report, no question about it. and you're right that the big problem right now for employers, it still is that they're having a hard time getting workers back on the job. we're still about 3 million jobs below where we should be if we had a normal labor force participation rate, so that's a lot of missing workers. and this whole issue is going to be so fascinating, neil, to see what happens after labor day is over. companies like apple are telling their workers to come back to the office. [laughter] and there's a lot of resistance to that. but the big problem right now with respect to employers is falling productivity.

we've got two straight months of very rapid declines in labor productivity; that is, how much are they creating on the job per hour work. and part of the explanation for that, employers tell me, is their workers are not at the sites, they're not in the office. neil: and, earp, it doesn't look like a lot of them want to get back in the office, but those are the orders going out. and you've got other companies lie leiing off workers. 3m and and a half, hard -- and snap. the workers seem to think they're in the drivers' seat. are they? >> for now they are. i mean, when you still have, you know, two and a half times more job openings than people looking for jobs, certainly the side is on the workers. i think we're going to ultimately find sort of that happy medium. from, you know, just sort of a general survey it sounds like most companies are still going to ask for about three days a week in the office or the

tuesday-thursday and you're able to work from home monday and friday. so i think there's still going to be increased flexibility but certainly not the same flexibility that we had during the pandemic when you were at home full time. i think we're going to find that happy medium. and certainly, as unemployment goes up as the fed keeps raising rates, that might adjust a bit. neil: jonas, we're told after covid, you know, the world has changed. the way we go about our work will change. i don't know, i'm beginning to look at a lot of these developments, at what companies are requiring and now the pendulum swinging back to the slowdown and the possibility that more layoffs are coming, i don't know if that's such a guarantee. what do you think? >> i think when unemployment goes above 4%, the sweat pants companies are going to go out of business, stocks are going to go down 90% -- [laughter] just like zoom's stock is down because this work from home thing has gone way overboard. and as you've seen in the recent quarters, productivity is making

major declines. this is a very so much chi issue with the fed, because they're trying to -- touch chi issue. a lot of it is you're getting paid the same amount or more, actually with, and producing less. and that is an inflationary concept. and if the fed tries to fight that with higher and higher interest rates when the fact is you're just at home not working as productively as you used to be, we're going to have a serious problem in the capital, asset market stocks and real estate because they're going to adjust with higher rates, and that's not going to get you off your duff. the high unemployment rate is going to scare people. this last jobs report we saw a lot of people entering the job force because they're starting to get worried that they've got to get a job, and that was the good news even though the number was higher. we need more people a little less scared, a little more power in the hands of your employer, and it's anti-labor day, but less power, basically, in the hands of labor. neil: people are spending a lot

now, one last dash to vacation spots, still spending strongly on a lot of leisure and activity like that. what does the fool lake -- fall look like to you? >> look, i am worried about where the economy is right now. i think, you know, we're in a precarious position. for example, you were just talking about the fed. so the fed is trying to fight inflation by raising interest rates whereas congress and the white house are doing exactly the opposite. they're spending money like it's monopoly money, like it's m&ms. we've got $4 trillion additional debt and spending they're pushing into the economy -- neil: you think that, you think that could be on measured time here. erin, there are a lot of people who say, well, the wind might be at the president's back right now with some of this uptick in productivity and decline in gas, it'll be short-lived. where are you on this? >> i agree. i think the government's sending, certainly, a concern because it's doing can exactly the opposite of what the principal reserve is trying to do and only making -- federal

reserve is trying to do and only making their job higher and potentially making those rates increase for a much longer period of time and making unemployment even higher. so i think 2023 could be a very rough yearwe don't really try to balance some of this sending -- spending out. neil: jonas, i don't know if we get to that point. >> i would like to see at this point more tax increases and spending cuts to slow the economy down can as opposed to higher and higher rates, making the fed do all the work. that's why we get huge interest rate hikes and falling to housing prices. the housing market's already sinking pretty fast. i don't know how far that's going to go, but that in itself will slow the economy down. it's the biggest component of gdp. neil: guys, thank you. in the meantime, they're trying to give this another go, talking about artemis 1, our return to the moon after, what, half a century. this one would be a 42-day flight, as it were. unmanned, but every man and

woman along the coast seems to be crammed there to watch it. brandy campbell is among them. brandy. >> reporter: good morning, neilful well, look, it's summer in florida and, you know, at any moment we can see storms pop up. right now we are doing good, but we've got to keep in mind it is hurricane season, and there are two tropical systems out in the link, earl and danielle. luckily, teams here are not worried about those storms as they are far away from us right now. let's take a look at artemis, the star of the show. right now teams are working on sealing a liquid hydrogen leak that they've been working on for about an hour and a half. that's definitely going to mess with us with an on-time start here. hopefully, we have a launch. but artemis is the strongest rocket ever made for an uncrewed journey around the moon, and it's going to go further than any other human spacecraft. and the focus is to do a stress

test. they'll have two hours to liftoff starting at 2:17 in the afternoon. the space force weather officer says there's a 60% chance of good weather at the start of that window, and it increases to 80% towards the end of it. nasa astronaut anne mcclain says weather has a say if we launch or not. >> something like a lightning bolt or even a stray cessna flying through our area can stop a launch, which is really unfortunate. but it is important that we with don't fly particularly for artemis, we're not going to be flying through rain or thunderclouds. >> yeah. they're going to be looking out for cumulus clouds that could suddenly create some thunderstorms but also anything that could help the rocket trigger any lightning during its launch. but, again, they're going to continue watching the weather as more somes do continue to brew in the atlantic. neil? neil: thank you very much, branningty campbell. fingers crossed.

a little bit more than 4 hours from now. by the way, eileen collins, of course, the first female space shuttle commander, and the goal of eventually having the first woman walk on the moon, that's getting a great deal of attention. stay with us, you're watchingt "cavutyoo live." our back, if you just promise to take in the fall colors. seasons change, but our lowe's price promise is everyday. shop fall at lowe's today. (vo) get business internet from verizon, the network businesses rely on. ditch cable and switch to verizon business internet, with fast, reliable solutions, nationwide. find the perfect solution for your business. from the network businesses rely on.

♪ neil: welcome back, everyone. the white house is facing a whole lot of new questions over potential coordination with facebook over policing speech on its platform but particularly having anything to do with things that the white house didn't like. gets a little complicated. gerri willis with more on that. >> reporter: the white house is now facing increased scrutiny over e-mails that appear to show direct coordination between high-ranking administration officials and facebook employees in an effort to police speech on their platforms. a bulk of these e-mails show

correspondence between facebook and the cdc during the pandemic. one white house official going as far as to request that a tony fauci parody be removed from facebook. the facebook rep that received the request replying: on it. one cdc official even suggesting recurring meetings. here's one e-mail. in addition to our weekly meetings, doing a monthly misinfo-debunking meeting. but it's more than just the cd can c. officials within the department of homeland security and the department of health and human services sent e-mails to employees at facebook and twitter to flag instances of alleged misinformation and provide talking the points to counter allegedly false narratives spreading on the platforms. i know our teams met today to better understand the scope of what the white house expects from us on misinformation going forward. the e-mails coming to light after after a new lawsuit was filed by the new civil liberties alliance and the attorneys

general of missouri and louisiana. the white house was asked about this by our own edward lawrence. watch with. >> reporter: has the administration helped twitter and facebook with talking points about what the administration believes is misinformation, or how much coordination is there between the administration and social media companies? >> so i, i don't have anything to share with you on that. i'm not going to comment on that at this time. >> reporter: the white house clarified that exchange saying this was a practice that started during the trump administration and equating it with when the communications office reaches out to cnn or cbs if they see something that might be wrong on air. we also reached out to meta but have not received a comment. neil? neil: thank you very much. before we go to break, a bizarre situation going on right now. a pilot is threatening to crash his plane into a mississippi walmart. we don't know much more than that. he's been erratically flying around tupelo, mississippi, for the better part of looks like

five hours now, threatening to crash into a nearby walmart store. often he veers out of sight. we do know all of this began around 9 a.m. when the plane left for tupelo and then traveled erratically toward pine grove where it was making circles. the aircraft in question, apparently a beech craft turbo king 90, reports this particular plane was stolen. the tupelo daily journal is reporting the pilot is believed to be an airport employee, though his or her grievance is still in question. we just know that they're watching it closely. some places have been abandoned in the area and evacuated in case, but his goal is to crash into supposed tupelo walmart, although there are several in the area. we'll keep an eye on it. stay with us, you're watching fox news.

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neil: all right, we want to keep you up-to-date on this pilot who's been circling around the tupelo, mississippi, area, threatening to crash into a walmart store. there is one in tupelo itself that has already been evacuated out of a measure of caution. there are three other walmarts in and around the area, but it seemed to be that one he was mentioning. we do know this began around 5 a.m. eastern time, so a little bit more than five hours ago. we're not getting much on details. police say that in the pilot had called 911 and was, and we're told, is in contact with him. this is a beech king air 90 turboprop owned by a local doctor. learn reports though that it's not the local doctor who's piloting this or in this, that

it was stolen from the tupelo airport. furthermore, the tupelo daily journal is reporting that the9 pilot was believed to be an airport employee. no one knows his grievance or how it relates, connects to walmart, but we're keeping a very, very close eye on it, for you. obviously, that immediate area is one that is getting a great deal of attention. the local police department say saying, quote: with a mobility of an area that tight, danger zone is even larger than tupelo and, indeed, the area is wide spread, so are the number of walmarts within about a to -- 20-mile range. the one in tupelo has been evacuated, again, just to be safe. there's another walmart supercenter another about 9 miles north, about 9 miles south and another that looks to be maybe 20 miles west. but my approximations could be wrong. it's that tupelo one that he's

targeting, but we don't know why he is targeting it. we'll keep you posted as developments warrant. in the moon time, news closer to home and a president with a controversy over a big speech. when it comes to talking with the press or dealing with anyone in the press, not so much. and that is a dramatic comparison not only to prior presidents who talked to the press a lot more than than the present out, but a lot more than maybe when you look about future potential outs. for example, governor desantis in florida talks to the press every single day, good or bad. the read on all this with susan crabtree of real clear politics. it doesn't connect all the time if you have great access to the press, great poll ratings and all of that, i guess that -- i get that. but there is a willingness on governor desantis, i don't know the reading on other potential candidates, but, susan, that is an important feature, to be able to take on all comers. this president, for one reason

or another, rarely does. what do you make of that? >> yeah. the last time that we had a big, full-blown press conference by joe biden was back in late june, and that was at the nato summit. and so that's very expected. if he hadn't cone a -- done a press conference, be a lot of criticism that he was breaking with norms. this speech was very controversial and it sort of ran full circle from his goal, stated bowl at the beginning of his presidency to be uniter in chief. a lot of people are now calling him divider in chief with this speech. certainly, it was a risky strategy, and he's gotten a lot of criticism from all sides, even the left, for it. when you see ron desantis the, he does take on the press regularly, and you have a new poll out last week that has him faring a lot better against joe biden than president trump. in fact, he was breaking pretty

even, maybe -- biden was one point ahead e when he goes up head e to head against ron desantis. but that's very close considering a governor, a very well known governor. but joe biden is president and is nearing his final years in his first term. neil: a lot is made of the administration, yeah, we talk to reporters when a president is coming and going out to air force one, marine one, and so did president trump. but president trump, to my memory, did it a whole lot more. >> oh, yes. we were covering him twice a day during covid. it was almost too much. [laughter] i felt like it was, you know, it was saturation, and when you have that kind of saturation, you're bound to say some things that get you into big trouble. as we know and anybody who speaks that much. but ron desantis, people like

the fact, his base likes the fact that he will hit back. and you evened had some criticism from donald trump in the past few weeks saying he's copying my style with his hand gestures. [laughter] it's kind of expected. neil: no, it's funny. but, again, you've got to get out there, you've got to take them on, all comers. susan crabtree, thank you very much. speaking about the former president, we're going to take you to mar-a-lago. and we're still keeping an eye on that a pilot, what he's up to in mississippi. stay with us. i insist. (driver 1) it's your turn. (burke) get farmers and you could save money with the safe driver discount just by having a clean driving record for three years. get a whole lot of something with farmers policy perks. (driver 3) come on! ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health.

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neil: all right, we're getting word now mississippi governor tate reeves just issued a warning to residents in the tupelo, mississippi, area to, quote, be on alert. a pilot has been threatening to crash a small plane into a walmart. this has been going on now since 5 a.m. so about five and a half hours right now. when a man packed in a plane and then said he wanted to, he wanted to crash into this local walmart. there are three others in the tupelo area, but it's this one he seems to be targeting. he had been on the phone with 911 talking to authorities. we don't know if that is continuing to be the case, but he circles the area repeatedly, this town of 38,000.

they can probably make him out just looking up, but we don't know much more than that. we knee it's a turboprop owned by a local doctor, although reports are that this guy stole that plane and then took off. we're fortunate to have jon scott with us right now. he is a pilot as well, maybe he can elaborate on what he knows of the plane and what maybe authorities have to fear or get comprehension. jon, this particular aircraft, can you tell me a little about it? >> well, it's one of the longest running, i think it is the longest produced twin-engine turboprop in the country. they've been building them for 50 or 60 years because they're so reliable and so effective. the good news, i think, neil, is this is going to have to come to an end very soon. i've flown a king air 90 one time, and it holds about a little under 400 gallons of fuel, and he's probably burning

just about all of his fuel by now, especially at low altitudes. those turboprop engines are more efficient when you go up high. so he's down low are, he's burning a lot of jet a, and it's going to come to an end fairly soon. neil: we're told as well, jon, that he was an airport employee. none of this can be confirmed, jon, so i wish i could give you more information. it's not that easy to steal a plane, but i guess if you work at airport, it's easier than it would be if you didn't. what do you make of that? >> yeah and, sad to say, it's happened before. look at what happened in seattle, look at the so-called barefoot bandit who learned to fly using microsoft flight simulators, you know? you can do it. it's stupid and it's -- [laughter] not going to be very effective most of the time. the hard part, frankly, taking off in an airplane is pretty easy. i did it in my first flight lesson. it's landing that's really, really hard. neil: so the aircraft is very

long. as you said, about 35 feet long. that could do a great deal of damage with or without people if it were to crash into anything -- >> right. neil: what can you tell us about the physical? >> i mean, they are huge. you know, when i get up close to one compared with the little plane i fly, i mean, it seems like a monster, probably 12-13 feet high at the tail. i'm sure it weighs probably 12-15,000 pounds. so that kind of inertia hitting everything is going -- inertia hitting anything is going to cause damage. if really wants to cause maximum damage, he's using up his e leverage, because the more fuel he burns, the most post-impact fire -- neil: and we don't know -- >> i'm sorry, jon. >> well, assuming that is what he wants to do. maybe he's skilled enough to put thing back down on a runway and

get hauled off in handcuffs, we hope. neil: that was my next point, if he's, indeed, a pilot himself, he was known to be flying erratically and has been for hours now. don't know whether that just means he's intent on doing this and he's rethinking this, but they keep saying erratically flying over the area. what do you make of that? >> well, you know, i took a look at his flight track, you can do that on a couple of web sites, and it doesn't look like, you know, the work of a trained pilot. this is very, you know, haphazard. it's like a kid getting into a car for the first time and driving around in a parking lot. there's no uniformity to his circles or just pattern which suggests to me that he's probably not a trained pilot, but that's just a supposition. neil: jon, thank you very much. i think we know or local authorities know who guy is. they've not releasing that. they know his identity. we don't know much more than the fact that he worked at that

local airport, the tupelo airport. so they're aware of him, whether he's a trained pilot himself to jon's point, we just don't know. he's got a lot of folks worried and the governor telling folks in the area to use extreme caution and, for the better part of value -- valor, to be on alert. police have cordoned off a large area where he might land and, god forbid, crash. they hope to avoid that, but the walmart in question was evacuated a while ago. there are three other walmarts in the area, he was not been, from what i'm told. we simply don't know, but we'll continue monitoring for you. in the meantime, other news we are follow ifing. of course, still waiting on any word of that special mast err that might or -- master that might or might not be approve proved to to go through all of those documents taken from donald can trump's home in mar-a-lago. we've got new details on all of that as well as how it might complicate finding such a

master, because it's not as easy as it looks. alexandria hoff on all of that in washington. >> reporter: good to be with you. former president trump is holding a rally later today in pennsylvania, campaigning for dr. mehmet oz and doug mastriano, also a chance to vocalize his thoughts on the investigation. yesterday the government released a more detailed receipt of what was taken during last month's raid including 1,000 government documents without classification markings mixed in with 18 articles of clothing, gift items and hundreds of news clippings. a lot of kind of random items that were mixed in with the more confidential documents. this reveal was ordered by a florida judge who is currently weighing whether to appoint a special master to review the documents. the former president's legal team has been pushing for third party review to the see if anything seized violated executive privilege. bill barr weighed in on "america reports" yesterday. >> even if they're subject to

executive privilege, they still belong to the government. at this sage since they've -- stage since heavy her gone through the documents, i think it's a waste of time. >> reporter: the justice the department arguing a special master will slow down their investigation. fox news contributor jonathan turley feels the government can't claim everything that was seized with hairs. >> it was an absurdly broad warrant. so saying these are all your documents, that's the point of the special master, to decide whose documents they are. >> reporter: the trump league team's -- legal team is pushing back against this photo saying displaying the documents was an effort to make it seem like the former president left them there in that state. also yesterday house minority leader kevin mccarthy wrote a letter to the doj demanding that the attorney general and fbi director testify in a hearing. neil? neil: all right. thank you very much for that, alexandria hoff. to make sense of this, tom dupree, former deputy assistant

everyone to general. tom, first of all, you and i have chatted about this, it wasn't just some documents, now we're up to better than 11,000 taken from the president's home. i don't know this issue of whether classified or not, others have said it's highly unlikely the president would have with the stroke of a wand declassified all of them ahead of time. leaving that aside, there are quite a few, and now we're told between a storage room and the former president's office at mar-a-lago 37 government documents with secret classification rankings and markings, 28 deems confidential, another 11 top secret in addition to 7 such documents in the president's office being top secret and 43 empty folders with classified banners. 1,467 government documents and photographs without my classified markings. that's a lot for a potential special master to go through now

and when such is chosen. what do you think? >> it sure is, neil. mine, look, we saw from that -- i mean, look, we saw the large volume of documents that they removed from mar-a-lago. it's one thing to appoint a special master to review the documents, another to expect him or her to do the job in a reasonable amount of time. once a special master is appointed, if one is appointed, it's going to take a while to actually select the individual, and then they're going to have to begin what's really going to be a page-by-page review of thousands and thousands of documents making these privilege determinations. so at a minimum, if a special master's appointed, that is going to delay proceedings by months, not weeks. neil: so where do we go on the whole special master thing? it isn't as simple as getting anyone off the street. they have to have special security clearance, it takes time. explain the process. >> yeah, it's not like you can just post a class find ad and say special master wanted. number one, you need someone with experience in this area.

so often for special master you'll find, say, a retired judge or maybe a senior respected lawyer from the legal community. ing the second thing is the special master needs to have the requisite security clearances. you can't just grab any lawyer or any judge. you have to find someone who is authorized to look at these highly classified documents. so it's actually a pretty narrow universe of people who i think would even be qualified to serve as a special master in this case. neil: do you get any sense that, obviously, many are looking at this saying the doj is trying to lay out a case for obstruction here. president has said he didn't have any more documents when he did. they came back, they took what they wanted, the legal team, that's all we have, turns out they have a lot more. now many files missing, that sort of stuff. i'm wondering whether an obstruction case is building here. >> i think it is, neil. and, look, any prosecutor will tell you that it is far easier to prove a straightforward case of obstruction than it is to

prove something much more complicated, for example, charges under, say, espionage act. i think in the case of an obstruction, really all you immediate to do is show that someone lied -- need to do is show that someone lied to a federal agent or otherwise obstructed a federal investigation. and we've already seen from the pleadings unsealed by the justice department that they have times, dates, statements made by trump's lawyers that, again, seem to be at odds with what actually is going on. neil: you simplified it for me in a way as you always nicely do, if you lie, that's obstruction, right? if you say files are aren't there and they are, that's a lie, that's obstruction in and of itself. >> that's generally right. i mean, you know, there are some exceptions. i mean, it would typically have to be what's called a material lie -- neil: but if you do so repeatedly and in follow-up instances, then it gets to gain traction, right? >> oh, for sure because what that would do is it would

underscore that it was the actually your intent to obstruct the investigation, right? one misstatement could be an accident or just someone, you know, carelessly speaking. but if you've got a record of people making repeated, deliberate misstatements, well, that gets you into a different pot of water. neil: tom, we're told justice is blind, but going after or charging a former president with obstruction or lying, any of this, it's a criminal charge, it is different. and i'm sure the attorney general would be awar of the potential impact -- aware of the potential impact and fallout of such a move. what do you think? >> i think that's exactly right. you have to have special considerations come into play if you're even considering charging or indicting a former president of the united states. and i think we've already seen that recognition that this is a different case. the fact that the justice department was willing to unseal portions of the affidavit, portions of the warrant, put the inventory out -- sometimes under court order, but merrick garland came out and gave a statement. they're doing things in this case that, i think, reflect a

recognition that this is a unique circumstance. greater transparency is warranted and, more important, greater caution is warranted if you're proceeding against the former president. neil: tom dupree, thank you very much, my friend. hope you have a safe weekend. again, impossible -- highly unlikely for a special master, but we'll be watching. also watching a development and its impact from past week, the firm fact that kids' scores from all sorts of educational testing were impacted by all that time doing classes from home. in fact, all of their test scores across the country markedly sliding and, in fact, some of the lowest we've seen in years. ryan walters is the oklahoma secretary of education and has been looking at that impact and how to tie to prevent it in the future. secretary, good to have you. these are pretty startling developments. what do you make of them? >> yes, sir.

what we saw here, neil, is the national teachers unions failed our kids. anthony fauci failed our kids. and at the time, we have a great governor here in the state of oklahoma, governor kemp. him and i were out front demanding schools stay open because we heard these heartbreaking stories from around the state on kids falling behind. we all knew this was going to happen, but the reality is the national teachers union is more concerned with politics and power than they are our kids. and our kids needed schools to be open. our parents need more school choice. we need if more transparency and accountability in our public schools to insure that money is getting to the classroom so that every one of our kids can be caught up to be work force-ready. neil: well, i would like to know going forward, secretary, what you think we should do. we ever have another incident like this, when i had dr. fauci on this, he thought the sweeping measures in retrospect probably should not be taken, and i'm wondering if you're getting a

sense that what we've learned from covid is that we overreacted. do you think we simply overreacted and if something like that were to come again, we don't do that, we don't shut down completely, we keep schools open? >> absolutely, neil. we have -- now know definitively it wasn't the virus that had this major impact on kids, it was our reaction to the virus. it was the federal government pushing shutdowns, it was anthony fauci's orders, it was the national teachers union telling schools to close. the reality is we now know that schools were safe. we now know that our kids' impact, because of school shutdown, is going to be enormous. some kids are years behind in academic learning. in the future what we have to do is what we should have done all along, we should rely on the states. education should be left to the states, the way the schools are operated. nobody knows what's best for their kids than the mom and the dad. parent choice is something we're pushing here in oklahoma.

if parents wanted an in-person option, they should have been able to receive that. neil: got it, secretary, thank you very much. we're still following this plane flying around tupelo right now, others are tracking its whereabouts, circling around tupelo with an intent to crash into a local walmart. we shall see.gh we'll have more aftet.r this. promises of all shapes and sizes. each, with a time and a place they've been promised to be. a promise is everything to old dominion, because it means everything to you. hi, i'm jason and i've lost 202 pounds on golo. being a veteran, the transition from the military into civilian life causes a lot of stress. i ate a lot for stress.

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neil: all right, you're looking at a live shot of flighttracker keeping track of in this guy who for the better part of four hours -- i think i misspoke how many hours he'd been in the area. central time there -- in the air. circling around tupelo, mississippi. mississippi governor tate reeves saying those in that area should be on alert.

this is a guy who stole a plane out of the local airport and has been circling the area with a warning that he wants the crash into it a local walmart in tupelo that has since been evacuated. now, he's running out of the currency that he would use for that crash if if he were so inclined because, as our jon scott was telling us, that vehicle, that plane is rapidly running out of fuel. maybe he has about a half hour or so worth of fuel left. there's no way of mowing -- knowing, but we're keeping track of his whereabouts. he's simply circling again and again the same area. i want to get the read on this from lieutenant colonel mcginnis. he knows all things safety, it's something he has worried with about and talks about, the potential for local pressure, local terror activity. this is not a terrorist incident, i want to brace for that, but anytime you're threatening going into a building of any sort, that's terrifying in and of itself.

colonel, what do you make of all this? >> neil, of course, back on 9/11 we had aircraft hitting the twin towers, they were just out of boston and full of jp-5 and, therefore, the explosive effect was tremendous. but a small aircraft running out of fuel is unlikely to cause major damage unless it has some type of explosive aboard other than limited fuel. and if it hits a particular target, a walmart would be a big target, likely not going to have an explosive incendiary type of material which he would run into. you know, most of the time a piper cub type of aircraft does minor damage certainly to the structure that it hits. but there's always extenuating circumstances. neil: and we should point out the so-called beech craft king air 90 turboprop, the issue

there is the that it was aiken from this local airport, and -- taken from this local airport, and this guy isn't the guy that owned it. now, if he worked at the airport, that might have helped, but that might be the more revealing development here. what do you make of that? >> well, it is. you know -- [laughter] it's hard to anticipate the type of people that would steal an aircraft and to fly virtually anywhere and end then try to, basically, blackmail a community to do something that he wants. now, hopefully, we know alternatively what he's tying to accomplish if with his threat. but, you know, these types of things in a modern society where with this type of aircraft or, you know, mechanisms that are threatening to the public are available we just have to be resilient, and we have to recognize this is going to be something that likely will happen in a free society. you don't want to change, i think, the freedoms that we have

in order to control this nature of a let. neil: colonel, thank you very much. we're weighing in on this. we are continuing with this flight tracker to follow this. this guy is in about four and a half hours of doing this right now. by some pilots' measures, he has about a half hour of fuel left. we'll see where with it goes, tell you where he goes. that's a lot of cash back. are you gonna stop me? uh-oh... i'm almost there... too late! boom! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. ...

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