red wave, red ripple what's going to happen midterm elections. >> we have to get out and vote, big turnout on the republican side. i think republicans are going to sweep this in a way we haven't seen in a long time. >> todd: some of the numbers we are seeing are insane. we will see if that carries for the next 13 days. lara trump. thank you. "fox & friends" begins right now. ♪ ♪ >> steve: good morning, it's wednesday, october 2 #th. 2022. it two weeks from today we should know who the big winners are. we should know where the balance of power is in the u.s. senate and the house as well. good morning, everybody. come on in to the mezzanine level. >> ainsley: come in for brian's day. love having you here.

we had pennsylvania, new york debate for governor and also in michigan between mitt member and tudor dixon and tudor dixon is going to be on our show today. >> lawrence: going to do a great. there is a lot to cover within these debates. she was fired up. >> ainsley: really talking about the lock downs in michigan. people are accusing gretchen whitmer locking our kids out of school too long. in new york the focus is really on crime and with fetterman because he suffered that stroke about five months ago. everyone was tuning in to see if he was going to be able to handle himself properly. >> steve: right. because only one debate. it was last night in the commonwealth in pennsylvania. and so much is on the line because, statistically, they are in a dead heat. and the question was how would mr. fetterman do after having had the stroke? and, of course, his campaign came out a couple of days ago and said don't expect him to do really well because this is dr. oz's department.

dr. oz has been on tv for 20 seasons. is he going to be great. as it turns out. >> ainsley: and he has the experience. he is lieutenant governor. >> steve: for a term, that's right. so the big question is how recovered was he. and this morning the headlines are not positive for him e did not do well. very first words out of his mouth were evening, rather, the first thing he said when he came out was hi, good night, everybody. rather than good evening. good night. sounds like the end. sounded like a mistake. >> lawrence: take a look at that moment and flip-flopping on fracking. >> i have always supported fracking, and i always believe that independence our energy is critical. we can't be held, you know, you know, ransom to somebody like russia. >> must correct the record. >> you are saying tonight that you support fracking, that you

have always supported fracking, there is that 2018 interview that you said, quote, i don't support fracking at all. how do you square the two? >> oh, i do support fracking and -- i don't -- i don't -- i support fracking and i stand -- and i do support fracking. >> thank you, mr. fetterman. >> not just a statement you read. >> there are multiple pictures of him signing a moratorium. >> we have to move on. >> we have to get the fundamentals of the truth. >> we have a lot of topics. we have a lot of topics. >> lawrence: of course the moderator has a hard time. get as to ain't where there is abuse some sort of mercy rule in it. unwatchable. policy position. obviously a flip flop. this all started during the primary when he just went ghost. you didn't know where he was. he wasn't doing campaign stuff.

and everyone was saying everything was okay. come to find out he had to confess he had indeed had a stroke and obviously praying for him that he gets a full recovery. comes a point the power -- does the power mean that much more? i mean, you cannot watch that debate and not come to the conclusion that his health and recovery should be his top priority and then you get into the policy position which he clearly could not defend on that stage. it was painful to watch. >> they asked about a doctor's report and he said i think standing up here is being transparent enough. actually showing up for this debate. his speech and hearing problems were definitely evident. he was missing words and pausing awkwardly at times. and then he had to rely on the closed captioning so that he could follow the conversation and he stumbled over words. when it comes to the issues to your point, when you are in the fracking industry in that state which the majority of their economy in pennsylvania. he said in 2016 when he

unsuccessfully rap for senate that he was going to -- he called for a moratorium on fracking and said it again in 2018 as dr. oz was pointing out and moderators were pointing out. he said i always supported fracking it is not true. >> steve: it was not. he made very clear in his response i'm for fracking. i'm for fracking. >> do we believe fetterman of this year or the fetterman of 2016. >> steve: politicians oftentimes change their positions. it was hard to watch. you have got to figure on this wednesday morning. whoever in the campaign thought it was a good idea he do that debate. everybody was saying what were you thinking? you know, you wonder whether it is just the auditory. >> lawrence: they thought they could accomplish it. they didn't want to do any of them. >> steve: how much of it had to do with the stroke. and how much did it do with the fact that he had positions hard to defend and in particular the

fracking thing and crime and stuff like that. injection sites for drugs. supports sanctuary cities. dr. oz says fetterman is far too left. he said i would support president trump if he decide to run again. >> lawrence: that wasn't the only race we were watching. we never thought this would be a big race. kathy hochul never elected governor. she was lieutenant governor. you know the story andrew cuomo now lee zeldin is surging in the polls. crime was the center topic of last night's debate. take a look. >> the first day that i'm in office. i'm going to declare a crime emergency and suspend cashless bail and other pro-criminal laws because there is a crime emergency. my opponent thinks that right now there is a polio emergency going on but not a crime emergency. different priorities that i'm hearing from people right now not being represented from this governor who still to this

moment, one halfway through the debate she still hasn't talked about locking up anyone who commits a crime. >> anyone who commits a crime under our laws especially with the change made to bail has consequences. i don't know why that's so important to you. all i know is we could do more. steve: last part has got so many people angry at her. if you break the law and do something criminal you need to go to jail. she says i don't know why that is so important to you. the people in new york feel like they are under siege there is a crime wave outside here. >> ainsley: all everybody has talking about. ing shown the video where people do something dastardly, hurt somebody. arrested. and next thing you know they are back out on the street and people of new york want people to be held accountable. >> ainsley: because ever the cashless bail. makes no sense. this guy can commit this crime. do this to a woman down there. they are saying there are police

officers everywhere. well, there is no police officer here in the subway. this is happening over and over and over. and crime has surged 36% since cashless bail has taken effect. 40% of those who are arrested. doing the paperwork. those men and women are out on the street again. it 40% recommitted crime. >> lawrence: the thing that gets me about kathy hochul she has no finesse. why is it so important? not only has new york experienced this on a day-to-day basis why would you say that to lee zeldin after there was a drive by shooting in front of his house while his girls were sitting at the table doing their homework. there was no sensitivity to it. she could have said look i'm for criminal justice reform, obviously there are tweaks we have to make why was it important her exact words there on the debate stage. >> ainsley: she doesn't want to

repeal the bail laws. she is for this cashless bail. >> steve: also she kept talking about abortion and donald trump thinking if i just keep repeating that that's going to energize the young people in new york city to vote for me. but, look, as we have said, there's a crime problem here in new york and across the country. the fox news power rankings are out. and there is a possible -- i'm going to just read right off of the governor races. possible shift on the horizon for incumbents in new york and oklahoma. both of them moved out of solid and into likely in the power ranking. so, you know, lee zeldin, one poll came out, i think on friday, he was slightly ahead. and then it was the next day where she actually came out with a commercial on tv talking about how she was tough on crime. , which you know, we hadn't heard her say any of that stuff before. and it just shows you that if you are going to surge, surge at the end. and that's what he is doing right now.

>> ainsley: problem is new york city. so liberal in this city. i think is he doing well in other parts of the state where they are not as progressive or as liberal as new york city. i think it's a fourth of the city might be republican, maybe. >> lawrence: one thing struggling with not just in new york race. lee zeldin hit it -- think only campaign when donald trump is on the ticket. and so, there is this -- he is not on the ballot this time. so when you get them to talk about the issue they have nothing to say about it. all can you say is trump, trump, trump, trump. i'm the person that is running. what about the policies that you guys stand on and they have no answer for that. >> that's why joe biden has been talking about mega maga trying to put donald trump on the ballot and he is not. tudor dixon on the ballot. second debate. other two we highlighted were the one and only debates they are going to have.

this was their second debate. oakland university in rochester, michigan. opened up and talked about abortion in particular a state ballot initiative referred to as proposal 3 codify the right to abortion in the state constitution. tudor dixon, the republican attacked that as extreme when the governor tells you this is going to be like roe v. wade. not even close to roe v. wade. so extreme. only places on earth where they do abortion procedures and these kind of rules are north korea and china. but it wasn't just about abortion. will about schools. because you remember, during coast, this state got a lot of heat because the parents were coming on television saying we have got to reopen our schools. she was one of the governors who kept the schools closed longest, listen to their debate on. this mrs. dixon says that i kept students out longer than any other state. that's just not true. i worked closely with my

republican and democratic governors kids were out three months. >> pretty sure i heard audible gaffe around town when gretchen whitmer secretary of defense kids were out of school three months. perhaps she wasn't paying attention. we even had schools being closed this year. being dishonesty about trying to get these schools back on track. >> ainsley: she said she would accept if proposal 3 the abortion law passes. she criticized gretchen whitmer because she said whitmer has vetoed all of these republican issues. like the child tax credit, two times to reduce the income tax. help retirement income and the gas tax holiday. something i did think was interesting that tudor dixon said she says she wants to responsibly over time remove the income tax in that state. do it like they do down in tennessee or down in florida over about an 8 or 10-year period. >> lawrence: their economy is struggling. it back to the issue of education, tone deafness of the governor.

you have all of these studies, even cnn, jake tapper is like are we going to finally have this national conversation about the shutdowns and consequences of that? the fact that our kids are like 10 years behind? how is that going to prepare black and brown kids for the next generation to enter the workforce when they are already behind? i mean, to just have no response. you have got to know that's going to come up on the debate stage when there were all these protests in michigan. and then you have the husband that they were talking about safety but he was on his boat. he was having a good time. >> steve: 13 days until the midterms, as you can see right below, lawrence, right there and tudor dixon is actually going to have a conversation with ainsley here in about 10 minutes. >> ainsley: she wants to keep line 5 open that provides the majority of propane for that state. gas tax holiday. talk to herman. i will look forward to that. steve: also on this wednesday, supreme court justice sam alito

says that dobbs leak put his life in danger. >> the leak also made those of us who were thought to be in the majority targets for assassination. >> steve: the threat to those sworn to uphold the constitution who sit on the supreme court. that's coming up. >> ainsley: plus, a tiktok star making the dreams of a 97-year-old world war ii veteran come true. see the heart-warming moment. ♪ i have moderate to severe plaque psoriasis. now, there's skyrizi. ♪things are getting clearer♪ ♪i feel free to bare my skin♪ ♪yeah, that's all me♪ ♪nothing and me go hand in hand♪ ♪nothing on my skin♪ ♪that's my new plan♪ ♪nothing is everything♪ achieve clearer skin with skyrizi.

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headlines the this attack $20,000 bail. police believe the incident may have been inspired by the online knockout game which challenges young people to sucker punch strangers. the victim, who is a grandpa, is begging mayor eric adams to do more telling the the "new york post," everybody is talking the talking and nobody is walking the walk. getting more and more dangerous for innocent people trying to get to and from where they have to go. that quote says it all. a major human smuggling bust in texas. troopers arresting a driver after more than 60 illegal immigrants were found in the back of that dump truck just north of the border. meanwhile tens of thousands having their cases thrown out of immigration court because homeland security is failing to file the paperwork on time. according to dhs data. 63,000 cases have been dismissed. the former levi's brand president who claims she was pushed out for her opposition to covid school closures is blaming

woke at capitalism. >> ce os today be to be celebrated as the philanthropist and do gooders develop social justice assert them through the company and banish anyone as proof of their goodness. anyone who disagrees will be ousted. >> the former levi's brand president jennifer sey will join us to say way she believes wokeism has taken over corporate boormsz board rooms. went viral for taking a world war ii man to disney land. escorting him onto the field for a rams game. >> i want to make today the best day of your entire life. >> you know, that means a lot to me. >> do you have a favorite sports team, right? >> yeah. >> what team is that. >> the rams. >> i'm going to take to you a rams game. i'm going to introduce to you one of the star players cooper

cup. >> oh my god. >> carley: doesn't stop there. cooper kupp even autographed his jersey. how cool is that? honor a world war ii veteran. >> steve: just imagine if the gentleman had said oh my favorite team san francisco 49ers because clearly he has already set up with the rams. wrong team. >> carley: you have a feeling. >> ainsley: same tiktoker does this for individuals. the first time he did this for this man he took him to disney land. do you remember his comment at the end of the day. he said that's the best day of my life. they had video of them on like, you know, 9 tea cups. or tilt a whirl. it was really cute. i don't know who this man is. he is so nice to do this. >> steve: know kidding. let's talk a little bit about stuff in the news. remember, it was in may that we

woke you up one morning and told you about an extraordinary leak at the u.s. supreme court. politico had gotten their hands on an early draft document that showed that a majority of the court was going to overturn roe v. wade. and, of course, the reaction was immediate. and people on the political left were just furious that even though it was a draft, that they could possibly be considering that and then you can see right there. people marching past plawfn's house. this became something they got into the face, protesters did of all of the conservatives on the supreme court and it was like well, let's find out what they finally do do and as we know they did overturn roe v. wade and sent it back to the states. >> ainsley: happened to justice alito, too. some of these videos are from his neighborhood. imagine if you are a neighbor. if you live down the street. and you are worried about your children and their safety. so he was speaking at the

heritage foundation last night. and he talked about the leaked draft opinion and how it effected the justices' lives. >> it was a great betrayal of trust by somebody. and it was a shock because nothing like that had happened in the past. so, it certainly changed the atmosphere at the court for the remainder of last term. the leak also it those of us who were thought to be in the majority and support of overruling roe and casey, targets for assassination. because, it gave people a rational research to think they could prevent that from happening by killing one of us. and we know that a man has been charged with attempting to kill justice kavanaugh. >> that man's name is nicholas

ross can i. remember, he was arrested. the u.p.s. marshals had spotted him outside kavanaugh's house. he had apparently taken an uber to the neighborhood after flying across the country from california and so, we -- he was arrested and has been accused of plotting to kill him. the leak investigation, we still don't know who did it. >> that was 9 key phrase from alito. there were several moments there. number one was saying somebody that we still don't know about it and i remember sitting on the couch and saying if we don't find out who the person is before the opinion, it's just going to be out of here everybody is going to forget. the ruling going to be out. move on with our lives no. urgency to find out hot person is. the second thing he said there he said that there was a intent to intimidate the majority.

and. >> steve: to change the outcome. kill one of them. >> lawrence: until it was released to the public even though they had a draft. justices could rewrite their opinion. >> steve: they do that all the time. >> lawrence: never hear anything about this leaker and goal there all this talk about protecting democracy. got a co-equal branch attacked from the inside. someone from inside of that department. they can't figure out who do this. >> maybe they have and haven't released the name yet. >> there is no court documents. there is nothing. they broke the law by doing that. >> this is the supreme court of the united states. i would think that they would have investigator in there and easily find out who leaked this. >> you have got to ask yourself why. >> we know why because they tried to ultimately influence them. put pressure by showing up at houses. sam alito we showed you the images, people in those houses felt like one of them could come

in and murder them. >> lawrence: can i say this because i think it's important. when people attack republicans and they say hey, they don't care about democracy. they look at moments like this and they say do you really care about democracy? when unpick one day, january 6th, even though all of us on the couch condemned it and they talked about democracy there but you don't condemn the people that are lighting cities on fire, this is why people don't listen to you. because there is moments to stand up and say look, let's have equal application of the law. equal application of protecting democracy and they are silent when these incidents happen. >> steve: one other note to that lawrence. half of the country the leaker is a hero. >> right. right. >> ainsley: it's so wrong to leak it because you want to influence the court and then possibly assi assassinate one oe justices so you can turn the balance. >> steve: a lot going on. that's what alito said yesterday

at the heritage foundation. election day is just 13 days away and michigan gubernatorial candidates hit the debate stage for one final debate last night. >> mrs. dixon says i kept students out longer than any other state that's just not true. >> being dishonest about trying to get into the schools to get the schools back on track. >> lawrence: tudor dixon joins us live next. ♪ i hate to break it to you, you don't, yeah, you don't. ♪ you think it's such a star ♪ but here's the funny part

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great prices. happy pets. chewy. >> mrs. dixon says that i kept students out longer than any other state, that's just not true. i worked closely with my republican and democratic governors and kids were out for three months. >> this is shocking to me that she thinks that schools were only closed for three months or maybe she thinks she can convince you that schools were only closed for three months. you know better because your students are the ones that are desperately behind. >> ainsley: michigan gubernatorial candidates clashing over draconian school covid closures in second debate. tudor dixon is the candidate and she joins us now. >> good morning, thanks for having me. >> good morning, i watch the debate. how did you feel about it. >> i feel it was strong. we were able to call her out for what she has done over the past four years. and then as you can see from that, she is not willing to admit to it, so the michigan

people got to see that she is going to try to rewrite history. >> ainsley: i want to ask you about that soundbite we just heard because she said i only close schools for we were in lock down for three months, businesses, schools shoes, is he now saying that's only a direct result of what she closed down what's the truth? truth is she changed over to the department of health and human services and forced them to close down schools and last time i checked they do report to the governor's office. she had all the power in the state to say no, we are not going to have our schools shut down. we are going to make sure our students are back in person learning. just like other states. when we look at, for example, the state of florida you saw those students were sent back to school. governor desantis stood strong for the kids. governor whitmer did not. she made it clear last night that she is willing to try to lie to the people of michigan. >> steve: when you looked at the nation's report card, florida numbers were really good. they were number 3 and 4 in fourth grade math and reading. in your state though. i mean, when you look at some of these schools, some of them were

closed the majority of 2021. the kids were working remotely. and in ann arbor even started 2022 working remotely. how did you fair when it comes to the nation's report card. >> we are in the bottom 10. ninth from the bottom. that's where we are right now. that's how devastating the education system is in the state of michigan. no matter how many times we called her out for that and a asked what her plan was to get these students back on track. she just diverts the blame. she won't talk about it. she doesn't have a plan. >> ainsley: she also is being endorsed by president obama. he recorded an ad for her. here's the tv ad. >> we are getting that ready for you. >> governor whitmer is creating opportunities for all michiganders to get ahead. and we can't let up. the stakes are too high. governor whitmer keep moving michigan forward. >> ainsley: why bring in biden why not have an ad from obama. >> flattering they are bringing in obama. i think we all know why they are

not bringing in biden. the will biden whitmer destructive for michigan. even last night when she was asked about the fentanyl crisis. she diverted from that and started talking about healthcare and her own mother's battle with healthcare had nothing to do with what was happening in the fentanyl crisis. and certainly wouldn't address the border because she has been -- she has come out and praised biden on several occasions for his policies that have caused this record inflation. that have caused this rise in crime. that have caused the fentanyl crisis in the state of michigan, which is serious. but she won't address biden's policies. now, of course, she is going to barack obama too try to bring back her base. and to me it's very important that this is her trying to bring home the base. this is not trying to win over independent. this is not trying to win over republicans. she feels that she is shake were with the base and that's because people don't believe she did a good job in the last four years. >> i know at one point in the debate they said say something positive about your opponent and

you all both commended each other for raising your girls. and you have four daughter and you are a cancer survive. why do you want to go offer the incumbent? why did you want to get into the politics. >> really my four girls are a main part of the reason why. i see the future in the stake. economic development is a at a stand still in the state of michigan. there are not the jobs that we need. we lost 82,000 jobs. and education like i said is a major decline. i want my kids to get a great education but i love michigan. i. my girls to stay in michigan and come back to the state to work. >> ainsley: isn't that all of our dream our girls to stay close. thank you so much. we wish you all the best. >> i prevent it. >> ainsley: two more weeks, hang in there a new york judge rules the city's mandate unconstitutional. still in effect for municipal workers. dr. nicole saphier reacts next. if advanced lung cancer has you searching for possibilities, discover a different first treatment. immunotherapies work with your immune system to attack cancer.

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many >> lawrence: staten island judge ruling vaccine mandate unconstitutional. we shouldn't be penalizing the people who showed up to work at great risk to themselves and their families while we were locked down. but the new york city vaccine mandate still stands, even though it was dropped for a private sector workers. fox news medical contributor dr. nicole saphier is here to react; doc, what is your reaction to this nonsense, the courts have struck it down. and it looks like new york city still doesn't want to give in. >> well, good morning, lawrence. i can tell you my phone was blowing up yesterday after this hit the press line. it's interesting because you are going to start seeing a lot of these mandates being rolled back as study after study is showing that the efficacy and protection of the initial vaccine series, whether it was the mrna or even the johnson & johnson at this point during the pandemic, the efficacy is about zero in terms of protecting against illness, let alone transadmission mission.

that was the whole impetus behind vaccine mandates. you had they knocked off transmission transmission turned to zero. you have to remember only two to four weeks of follow-up data. maybe during that very early interval after the vaccine you had decreased transmission. here we bore 20 weeks after vaccination there is no ability to decrease transmission. and so, any vaccine mandate in place should be wholly repealed at this time. >> lawrence: you know, doc, i think the court got to the heart of the issue when it comes to these first responders. they were there at the height of the pandemic. at risk to their families, to themselves it. doesn't seem like any of that is being taken into consideration when there was no vaccine. >> well, of course not, lawrence, and, as, you know, as you just said earlier, this vaccine mandates, they punish the people who actually showed up to work. when so many people were spade to stay home and continued to be invent advised to stay home and not go to work. which is why we had such a

problem trying to get started again. you couldn't find workers because no one wanted to work because they were still being paid to stay home. yet your sanitation workers, and frontline people, delivery people. they were all going to work. they chose to go to work. and then many were fired because they didn't get the vaccine for whatever reason. they didn't get the vaccine. many of who already had covid and had some sort of national immunity. >> lawrence: so crazy. doc, another topic. the president warns most covid related deaths this year will be the result of people not being vaccinated. take a look at what the president had to say. >> almost everyone who will die from covid this year will not be up to date on their shots. we have made the vaccines free and available. we have made the tests free and available. please use them. use them. and encourage your friends and loved ones and neighbors to use them as well. >> lawrence: doc, obviously is he not just talking about being vaccinated he is talking about folks not getting their boosters.

what's your response. >> that's right. he is not talking about getting the first booster or second booster. he is talking about people getting the third booster the newest updated covid biviolent booster which covers omicron as well. virtually all deaths this year will be in those because they don't go and get that booster because can i tell you lawrence right now people who are still dying from covid about a third over a third of them actually are vaccinated or even boosted. so that's unfair. the bottom line at this point, lawrence, the good news is virtually no deaths under the age of 50 have occurred since about february. but those who are dying it is the highest risk, those who are over the age of 65. and while i encourage them to get boosted because they are the highest risk. their age alone puts them at risk. >> lawrence: doc, it doesn't look like the president is reading the science but thank god that you are here to give it to our audience. thank you so much for joining the program. >> thanks for having me, lawrence. >> lawrence: check in with senior meteorologist japan miss dean for fox weather forecast,

hello j.d. >> folk in the new york city area. that's going to cause flight delays and area of lohse that's low pressure.very warm, very mue east coast and see the 24-hour temperature change as that cold front moves in. it's going to bring the potential for showers and thunderstorms from the southeast up towards the mid-atlantic, and the northeast should skirt most of it. that area of low pressure is going to move in towards the northern part of the state appeared in towards canada and then tomorrow will be a much better day. here's our next storm system that's going to come out of the rockies. bring snow behind it. and then heavy rain for texas, louisiana, mississippi, alabama, over the next couple of days. they need the rain here. they definitely need it. but it could cause some flooding and some severe storms as we go into the weekend. so that's something we are going to have to watch. here to's your forecast today. the next storm system moves into the northwest. and then dives across the south and then the northeast still some unsettled weather today.

but better conditions as we head into thursday and friday and the weekend. l.j., over to you, my friend. >> lawrence: janice, it's been really hot in texas. thank god for the rain. >> janice: just for you. >> lawrence: thanks, j.d. >> janice: you got it. >> lawrence: carley, you got news by the number. >> carley: counting down to halloween news by the numbers. starting with $49. that is the monster sale southwest is offering for one-way flights. but you have to book by tomorrow on the airline's website. the offer is valid for tickets for from november 29th. all the way up to march 8th. can you believe that? and $24.95. that's how much this spooky treat will cost you at an iconic new york city ice cream shop. serendipity 3 offering the ice cream lights out it celebration of halloween. black whipped cream, black

edible twitter and horns. 79, icky's number he and other panthers rookies busting a move to bring smiles to patients at a children's hospital. check him out right there as a it dalmatian young man named gavin. bursting the moves, lawrence. i would love to see you doing the same thing. >> lawrence: that's my favorite question. the question is are we going to a haunted house again this year? >> carley: that's a question that needs to be answer. >> i may not want to do that because i could give birth on the couch. >> lawrence: don't want that l.j. has never delivered a baby. thanks, carley. biden's student bailout plan is paused in court but not according to the president. >> you just get 10,000 written off. it's passed. i got it passed by a vote or two and it's in effect.

>> lawrence: jonathan turley on the gaffe that could come back to haunt him. that's next. (fisher investments) it's easy to think that all money managers are pretty much the same, but at fisher investments clrly different. (other money manager) different how? you sell high commission investment products, right? (fisher investments) nope. fisher avoids them. (other money manager) well, you must earn commissions on trades. (fisher investments) never at fisher. (other money manager) ok, then you probably sneak in some hidden and layered fees. (fisher investments) no. we structure our fees so we do better when our clients do better. that might be why most of our clients come from other money managers. at fisher investments, we're clearly different.

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going on. >> it was assumed he was guilty. >> i began to see that multiple people had been involved in the murders. >> they never had gone on the record in 45 years. >> the implications of this are huge. >> the girl scout murders, streaming now. only on fox nation. ♪ ♪ [inaudible] -- >> carley: britney griner appeal of her 9 year sentence yesterday. the court is including time already served as a part of her sentence. now griner will have to spend # years in a russian prison camp. the two-time olympian was arrested last february for allegedly having can business oil in her luggage at moscow airport. the rock's daughter follows in her father's footsteps making debut on www and st. simone johnson being unveiled as ava the latest member of the

schism faction. fourth member of her family to go into professional wrestling. how about that? steve over to you. >> steve: thank you very much, carley. the president's student loan handout plan currently blocked by a federal court. but apparently joe biden didn't get the memo. >> if you don't have one of those loans, you just get 10,000 written off. it's passed. i got it passed by a vote or two. and it's in effect. > >> steve: he got it passed by a vote or two, not really. in an op-ed legal expert jonathan turley argues this gaffe may come back to haunt the president saying, quote: it is likely to be raised by challengers in the next stage of litigation. it also may reflect a moment of actual clarity in his subconscious mind a faint recognition of the constitutional principles he once defended. a guy who wrote that job than turley, joins us right now. jonathan, so the president got a little mixed up. that student loan thing happened because he said i'm going to

sign something there was no congress involved. >> it's not. and the administration is now perfectly incoherent. there should have been a vote in congress. indeed, senator biden would never have stood for a president claiming this type of unilateral authority. i mean, essentially the president wrote off half a trillion dollars of debt like he was it an american czar. and that's not supposed to be the case. you know, congress historically has jealously defended the power of the purse theta the main power they have in our system of checks and balances. >> steve: right the white house was immediately in clean up mode. he said when it got passed by one or two votes, he was referring to the inflation reduction act which reduced the deficit by hundreds of billions of dollars creating room for other crucial programs, blah pla blah. you know that apparently the

legal authority. so that's not true. it never passes. as you said by executive fiat. the administration is hanging their hat on the hero's act which was passed in 2003 where people who served our nation would get student loan debt forgiveness that applied only during national emergencies. covid is over so i don't know what is he talking about. may have the same struggle the fact is the hero's act is named as you can tell for people who are heroes in the military service make sure loss didn't put them at loss or disadvantage paying off loans. cynical use of that narrow six page law. no one at the time thought a president could use it to write off half a trillion dollars. but, the incoherence goes beyond

that. you know, the president said recently the pandemic is over. they made that argument in court. and the litigation over the remain in mexico policy. and, yet, they then turned around and said it the pandemic is still here and i'm going to use it to give away as much as $500 billion. >> steve: the other thing, jonathan, it just disturbing that the president doesn't know how major policy decisions apparently are being made in his own administration. maybe the people who are actually running the country haven't told him. you know what's really chilling about this is the silence of these democratic senators who are just watching the authority of their branch being frittered away. james madison believed that regardless of your party, each branch would gellessly defend its own authority. i have no doubt what senator biden would have done if push had claimed the right to give

away half a trillion dollars without auto vote of congress. so we can debate the merits of the tuition forgiveness. but what shouldn't be debated is -- the way it came about. and the president is only making that worse. i mean, in saying that, you know, i did pass it he cleaned that up. he was right he should have submitted to to congress. >> steve: indeed. it's a great op-ed. people can read it at foxnews.com. thanks for getting up early today. >> thank you, steve. >> coming up on the top of the hour. coming up. fox news power ranchings, the latest post shows a growing advantage for republicans in the house and maybe in the state houses. we are going to map the midterms with our political panel coming up. ♪ ♪ my husband and i have never been more active. shingles doesn't care. i go to spin classes with my coworkers. good for you, shingles doesn't care.

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is. >> debate playing out across the country last night. >> pennsylvania senate candidates dr. oz and john fetterman go head to head. >> i have had a stroke he has never let me forget that. >> john fetterman trying to get as many murderers out of jail as possible. >> traded jabs about crime. >> still waiting on kathy hochul to talk about locking up criminals. >> anyone who commits a crime has consequences. i don't know why that's so important to you. >> a grandfather getting emotional describing what it was like getting shoved on to subway attacks in new york city.