>> fun fact? >> yes. >> my mom was born in transylvania. so i will watch it with my mom. she loves you. >> what a great thing to watch after you trick-or-treat with your little ones, you said it's safe for family viewing. >> maybe not the little little ones. >> my daughter would love it. i'm telling you. >> thanks to everyone. happy halloween. here is "america reports." >> kayleigh, thank you so much. despite president biden calling the midterms the most important election of our lifetime, he appears to be avoiding several battleground campaign trails in the final stretch before election day. instead, the democrats have been relying on his former boss, president obama to mobilize democratic voters in key swing states. an if the current polling trends continue and democrats lose control of both chambers of commerce, what is that going to mean for re-election prospects in 2024.

a debate coming up. >> john: begin with the supreme court hearing arguments today on what could be one of the most consequential rulings for higher education in decades. hello, john roberts in washington and hello to you this afternoon. >> gillian: good to be with you, john, on this spooky halloween. >> john: good to be with you as well. >> gillian: i'm gillian turner. whether to end affirmative action policies in a pair of cases. >> john: opponents argue the criteria has harmed millions of students, particularly asian-americans. david spunt starts us off live outside the supreme court. did justice brown jackson recuse herself. >> that's right, because of her position on the harvard board of overseers, and her connections to harvard university. she thought it was best she sits

out. there are two separate cases, overall affirmative action affects millions of students across the country and the justices began hearing two arguments three hours ago. started with the case out of the university of north carolina. one deals also with harvard university going on now, which is a private school, unc is a public school. a group of asian-american students arguing criteria to admit asian students is more rigid than admitting a black or hispanic student. here is an exchange, listen. >> why does having race as a factor harm your members in a redressable way? >> the record in this case is unc gives racial preferences to african americans, hispanic americans and to american indians, it does not give racial preferences to white applicants and to asian applicants.

moreover. >> are you sure about that? >> even taking up the case, 6-3 conservative majority is welcoming the possibility of overturning decades of precedent. affirmative action began in classrooms in the 1960s. now by nine justices it may end up being history. the university of north carolina case argued first, that went about two and a half hours, supposed to be 90 minutes. harvard is on right now. biden administration is supportive of the schools. the trump administration support of the group that was suing, this has been going on for several years now, and it's possible that both of these cases could be decided together, they may be decided separately, but likely hear at the end of the term, end of june, early july. john, gillian. >> john: david, thank you. eight days now until the midterms. democrats have been building the governor races as referendum on abortion access, polls show

crime and the economy are top issue, and major focus of lee zeldin's campaign. rallying as he looks to be the first republican elected statewide in 20 years, since george pataki. we'll have our panel in moments, but fox live team coverage, jonathan is in georgia, and eric is in thornwood, new york, west chester county. what's lee zeldin doing there today, eric? >> as you can hear the excitement behind me, this is lee zeldin rally. the pumpkins and the bales of hay are brought out, he's got some help from down south. virginia governor glenn youngkin is campaigning with mr. zeldin as desantis did over the weekend on long island. zeldin hopes to replicate their

records in their states on taxes, quality of life, and crime. crime has been an overwhelming issue in this state. he's been hammering democratic governor hochul over that, helped zeldin erase a 24-point deficit this summer. i interviewed mr. zeldin and he told me governor hochul when it comes to crime just does not get it. >> she doesn't understand, does not articulate why it is we lead the entire country in population loss. so when you see pro criminal laws passed and not rolled back like cashless bail, district attorneys are not enforcing the law. >> yesterday governor hochul, just eight miles here in west chester county where we are now campaigning with first lady jill biden. she called crime a "conspiracy" she says between republicans n the media saying crime is not as bad as people make it out to be, despite some horrifying

incidents. she just wrapped a news conference in new york with the gun safety group moms demand action. they are pressing for new gun laws, and the end to try and end the epidemic of gun violence. she says that zeldin's gun policies are off the mark. >> a crime plan, oh, i'm tough on crime, but he's soft on guns. he thinks the answer to crime is giving everybody a gun. when he supported the overturning of the conceal carry law in our state. >> and john, you mentioned at the beginning, if mr. zeldin does win, the first republican elected statewide here in new york state in 20 years. take a look at this campaign sign. pretty typical on the front, zeldin, governor, take a look at what's on the back. they printed 94 pataki for governor, reminder those here hope zeldin will replicate and

repeat george pataki's shocking win when he defeated three-term incumbent mario cuomo 20 years ago. we'll know in eight days or so. waiting for zeldin to speak and we'll bring it to you when we get it. >> john: eric, thank you. gillian. >> gillian: in georgia, brian kemp is facing a rematch against stacey abrams. they faced off last night, the final debate before election day. jonathan is on the campaign control at a polling city outside atlanta. tell us about the very heated moment in the debate last night over police reform. it got a lot of traction on social media. >> certainly did, gillian. at one point governor kemp attacked abrams saying she was supporting efforts to defund the police. she vehemently denied it saying it was not the case, and then

they argued over law enforcement endorsements that governor kemp received. >> men and women in law enforcement know who is going to be with them and that's why we have the endorsement of 107 sheriffs around the state. >> i'm not a member of the good old boys club. so no, i don't have 107 sheriffs who want to take black people off the streets, able to go without accountability. >> abrams quickly added she does not believe every sheriff feels that way, and that she would defend law enforcement officers while also holding them accountable. her comments likely rallied her progressive base but also gave fuel to republicans even outside the race for governor. today republican senate candidate herschel walker weighed in on abrams' comments. >> she's coming up with stuff like that trying to separate people, get out of the color thing and get into the love thing. that's what i think you need to get into, get into the love thing. god loves us all.

>> abrams and kemp also sparred over abortion. abrams said a law that kemp recently signed, georgia's heartbeat law would potentially subject women experiencing miscarriages to undue questioning and scrutiny. kemp said that was not the case, that the law would potentially cause doctors performing illegal abortions but not their female patients. >> john: bring in our panel, mer mer mercedes, and juan. clear politics, generic ballot graph which showed -- there it is, sorry, i could only see part on one monitor, isn't that interesting. you can see how republicans months ago were out in front and then it closes in and now

republicans are back out in front again. mercedes, they have a lead that is probably as big as it ever was and a big turn around from just a few weeks ago. what's going on there? >> well, i got to tell you, i've been on the campaign trail, i just came back from michigan and arizona, and when you are talking to the people on the ground, john, i think the main focus is, it is about the economy. i mean, back to the fact that food prices are high, gas prices are high, people are feeling the pinch, they are struggling and not happy with how the biden administration and the democrats have handled the issue. they find that even the inflation reduction act not really translating into reducing the inflation which is a big problem. so i think the democrats, they just strategically from a messaging standpoint did not capture with the sentiment of the american people are. focused too much on abortion, tried to not hone in on saying

what do we need to do to help out the economy, and has not resonated with the american people. >> juan, the democrats are looking at that, and need some help on the campaign trail. do we go to joe biden, no, let him stay in delaware for the weekend. his wife goes on the campaign trail, and barack obama, still a rock star in the democratic party but in his first midterm election did preside over 63 seat shelacking. is he the right person to be on the campaign trail? >> maybe the biggest star on the democratic side, john, and not only barack obama out there, i think you see mrs. biden, i think you see bernie sanders, really what you see is they are trying to generate turnout critical to the result of the midterms. you want to get your people to the poll, and so far the turnout

has been record breaking, and so that's good news for the democrats and good news for the strategy so far. i think mercedes is right, but i think it's also the case people are concerned about other issues, it's not that they are not concerned about abortion or threats to democracy, and all of that is in the balance and the question is what gets them to show up and vote, and that's what you see coming from the democrats. >> john: when we take a look at the senate races, four are going to decide the balance of power in the senate, they are tight, potential, mercedes, of democrats losing the house, losing the senate, and then joe biden spends the weekend in delaware? what's that all about? >> look, i think this when you

have a very unpopular president, unpopular vice president, they are sidelining kamala harris as well, it just shows that i don't think the democrats fully have confidence in their own leaders. so i think it's smart to bring out former president obama and michelle obama for that matter. but the reality is, what you are seeing are the independents swinging over to the republican side. even when you have tulsi campaigning in michigan on saturday, basically not happy with where the democrat party is, she leaves the party, becoming a popular figure among independents and republicans, it's a telling story. and you talk about crime, you talk about border security, and that's where the democrats are really failing the american people. so what are they doing? they are looking at the alternative. they want strong borders, they want to make sure we have safe communities and streets and

that's not happening under democratic leadership. >> john: juan, i don't know if you heard eric's record but governor hochul said listen, crime is not that bad. is that the message voters want to hear, or crime is bad and we will do something about it. >> i think you have to counter people who want to make sort of hyperbolic claims out of control, and hochul said some horrific accidents and incidents and the man shoved on the subway in new york city. that's scary to me, to you, to mercedes, everyone. but the reality is we have gone through a pandemic, and if you look at the statistics, crime is actually worse in some of these states run by republicans as opposed to democrats but republican messaging is off the charts and that's why you get the democrats caught back on their heels saying wait a second, let's look at the numbers, look at the reality. some cases homicide is up and violent crime overall down.

so i think that's what you are seeing. in terms of president biden and hochul, i think they are both now focusing on gun control and saying which party is the party that refuses to hold people with guns accountable, and we see so much of this in terms of the homicide rate going up. look at who is really responsible. but again, democrats are on their heels after the republican messaging on crime. >> sandra: finish it off, what was your thought, mercedes? >> real quick, juan, which is the party that has supported defunding the police, it's the democrats, and the cities are run mostly by democrats where the crime is happening. the defund the police message has hurt the democrats. as you were saying, they have not been able to gain their footing from an offensive strategy, you are seeing such close numbers in states like new york where lee zeldin may win

the governor's race. >> i wanted to say, if you look numbers, it's in republican states with republican policies where crime is the worst and yet you never hear that, the republicans are the ones who have been pushing the crime message. and let me state clearly, it's been effective. you can't get away from it. >> john: see how it plays out in the next eight days. as always, thanks for joining us, appreciate it. >> gillian: the house speaker's husband is still in the hospital this hour after a shocking attack at their san francisco home on friday. we have an update just now into the newsroom on paul pelosi's condition. plus, what the speaker herself is now saying about the assault. >> john: and critics claiming a new illinois law could make it easier for criminals to get back on the streets. and now even some democratic prosecutors are sounding the alarm. leo

leo terrell kae weighs in. an. -- i think it's

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trump's legal team has filed an emergency petition with the supreme court. he's asking the bench to block the house ways and means committee from getting its hands on his tax returns. an appeals court ruled the committee could have them. the new appeal will put that decision on hold until the supreme court justices make a decision. >> john: san francisco prosecutors could file formal charges against 42-year-old david depape today, he has been

accused of brutally assaulting paul pelosi on friday. we are going to speak to leo terrell about all of this, and crime in general in a moment. but first, christina coleman live in san francisco with the latest on paul pelosi. so the house speaker is grateful for the quick response of law enforcement in the case. what else do we know? >> hi, john, that's right. the house speaker shared a letter with her colleagues saying she was grateful for that quick response from police. also thanked them for their support during this difficult time and expressed the concern that her family has right now. she said a violent man broke into our family home, demanded to confront me. and attacked my husband paul. our children and grandchildren are traumatized. paul pelosi had surgery.

they say this man broke into the couple's home and reportedly shouted where is nancy, where is nancy, allegedly had zip tape and duct tape, and he beat mr. pelosi with a hammer and a list of people he wanted to target. the suspect apparently had a history of posting disturbing things online, in addition to posts about aliens, now some top democrats have been blaming right wing politics for the attack on pelosi, but some neighbors say that this same guy lived in what is described as a hippie collective in berkeley and posted some liberal anti-establishment views online. also has ties to a former nudist activist who says he has been homeless and suffers from mental

illness and drug use. police have not determined a motive and both democrats and republicans are condemning this attack. >> let me be perfectly clear. violence or threat of violence has no place in our society and what happens to paul pelosi is wrong. >> also just days after purchasing twitter, elon musk jumped into the mix tweeting and then deleting a link to a fringe website with an unfounded rumor about the attack. the san francisco d.a. held a president conference to clear up any confusion on the case. says arriving officers determined only two people at the house at the time of the attack, not three, and says nothing to suggest mr. pelosi and the man knew each other prior to the incident. >> to be brutally attacked in your own home is one of the worst crimes you can suffer. there needs to be respect for what the family has to be

endured, and what mr. pelosi is is recovering from. >> the d.a.'s office will file charges against the suspect today, and arraignment is scheduled for tomorrow afternoon. >> we will watch that as events unfold. christina coleman, thank you. >> gillian: a new criminal justice reform law eliminates cash bail among a number of other things will go into effect tomorrow morning in illinois. critics now, including whole bunch of state attorneys, more than 100 of them, say it is going to put more criminals back on to illinois streets. fox news spoke to a host of unhappy illinois residents. >> sometimes i keep the wrong ones, you know, in jail and the right ones out of jail. >> criminals running and, no cash bond, they don't have anything to lose. >> i think it's about the dumbest thing illinois has come up. >> take them in and turn them

loose, and do the same thing all over again. >> civil rights attorney leo terrell joins me now, he's also a fox news contributor. so, leo, the advocates, the proponents of the new law say it's going to make illinois criminal justice system more equitable. some of the components of this law, end cash bail, right, prohibit judges from considering a defendant's past criminal behavior when they decide if the person is a flight risk, and a 48 hour period, two days between the time a defendant on electronic monitoring leaves home without permission and the time authorities can charge that person with escape. tell us how that makes things more equitable. >> it doesn't. and i want to -- magical word, gillian, thank you for having me, equitable is a code name for racism. the whole motivation behind this is they are claiming that the criminal justice system is

systemically racist. who is the racist bogeyman? the entire state is democrat. 35 people were shot in chicago, 35 people this past weekend. and what is happening is when they enact this law, it's going to be criminal independence day. open the prison, allow people convicted or charged with felonies to be released. second-degree murder, no cash bail. aggravate d assault, no cash bail. when you look at what's happening in new york, why lee zeldin is successful and the democrats are looking the other way to crime, this is a mistake. victory day for criminals. >> gillian: offenses under the new law that are not going to be now detainable offense, right. aggravated assault you mentioned, arson, carjacking, drug offenses, and second-degree murder. now remember, leo, what we just

discussed, the judge cannot consider a suspect's past crimes deciding whether they are a flight risk. so you could have somebody who has been guilty of second-degree murder who is now a suspect in another murder case who cannot be detained lawfully by judge. >> great analysis, judge gillian. it's ludicrous. a crime wave in democratic cities and chicago, illinois, gillian, 100 of the 102 prosecutors, democrats and republicans, say this is a bad law. it's horrific. the judges' hands are tied, they cannot look at prior misconduct to evaluate flight risk. so get this. an individual can attack a police officer, assault a police officer, second-degree murder charges and they walk the

streets? they are going to terrorize the state. only people safe in illinois are those who can afford 24 hour police protection. >> gillian: and sounds like the new law will make things more equitable for convicted criminals. leo, we have to leave it there. thanks for joining us. >> thank you, gillian. >> john: always good to hear from leo. the future of race based college admissions on the line at the supreme court. we'll talk to an activist and author of the memoir chinese girl in the ghetto, says it's time to phase out affirmative action. >> gillian: a lot of hollywood stars are losing their minds over elon musk's acquisition of twitter. capitol hill could crack down on social media platforms, something they have been trying or threatening to do for the last five years. >> the reaction from the left i

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i'm a performing artist. so a healthy diet is one of the most important things. i also feel the same way about my dog. we got her the farmer's dog sent in the mail. it was all fresh. i want my dog to have a healthy and long life. the farmer's dog helps that out. see the benefits of fresh food at betterforthem.com veteran homeowners. prices on everything have gone up and up. the good news? so has the value of your home. and maybe a lot more than you think. if you need cash to stay ahead, call newday. use your va home loan benefit to borrow up to 100% of your home's value. not just 80% like some other lenders. take out an average of $60,000 and lower your payments by $600 a month with the newday 100 va cash out loan. pay down high-rate credit cards, personal loans, even car loans. missed a payment along the way? newday's been granted automatic authority by the va. we look at your whole picture. when lenders say no to a veteran,

newday can say yes. >> john: twist at the border crisis as the biden administration prepares for a possible mass exodus of migrants from haiti. the white house considering plans to hold them in guantanamo bay or even holding them in a third country as a possible option. comes about a year after more than 10,000 haitians were living in squalor under a texas bridge. that was during president biden's watch. >> gillian: the supreme court right now is hearing arguments in two high stakes affirmative action cases. they could really up end what is a baseline in college admissions for decades. the next guest has argued that race-based admissions needs to

be revoked. the president of the american ideal super pact and author of "chinese girl in the ghetto." talk to us fore knows the lay of the land here. the supreme court current law of the land rule race cannot be the sole factor or a determinative factor. you say schools like harvard, unc and yale are vy obviously very aggressively flouting the law. >> thanks for having me. you are right, that the supreme court did say that, and the petitioner, the party suing harvard students for fair admission is asking for the court to overturn precedent. what we have seen is universities like harvard brazenly discriminate against asian-american applicants and what we have seen also is that for these elite universities, that they obsess over race.

for example, a high school student who is black canabt 110 an invitation to apply, but for white and asian applicants, need to score over 1300, that's a massive gap and those numbers show up all over the place in the admissions process, and so for organizations like ours, our organization, american ideals pact, and folks can learn more about us, we condemn these kind of discriminatory practices. it is long overdue for these practices to be outlawed. >> gillian: might get news any moment things will begin changing, the supreme court may clamp down further on some of the racial profiling at play here. take a look at this. these are harvard different standards for different races. compared to an asian-american

student who has a 25% chance of being admitted to harvard as a freshman, the same white student has a 35% chance, same hispanic student a 75% chance, and an african american student 95% chance. so, break down the mechanics that under lie the stats for us. how does a panel get to determinations about individual people? >> it's really grotesque and in harvard's case, something it uses called personal ratings. an applicant could have the best test scores, gpa, great extracurricular activities and recommendations, and the case for many asian applicants. but harvard gives them a poor personal rating and it rates the applicants as lacking in leadership and likeability, and

self-confidence and that's one way that harvard, in many ways, discriminates against the asian applicants, and so despite their great academic and extracurricular qualifications, these applicants end up getting shafted in the admissions process, and this is information that came out during the discovery process for the harvard case. it is really grotesque, and the 21st century should not tolerate this. >> gillian: harvard at missions panel will tell rejected asian-american students that they scored lower, they call them personal scores, tell them they sort of rank lower. >> excuse me for interrupting. this is not actually something they wanted to make public. this is something that harvard has done for decades, and it came out when harvard was sued by students for fair admission

and so this was revealed to the public and a lot of us were shocked by just how brazenly racist this is, and it's -- in many ways, the whole admissions process, the use of racial preferences, it's not just racist against asian applicants, but also against black and hispanics, it discriminates against them and the soft bigotry of low expectations. so everybody is hurt in the process. equal rights is sexual assaulted in the process and that is why organizations like ours, american ideals pac, we oppose these, we urge the high court to overturn these kinds of practices. but there's actually more to it than that. with your previous guests you talked about how so many policies across the country are making things more equitable for criminals these days. there is a great deal of racial

sort of racial bigotry going on and it's all part of a broader racial equity agenda promoted by radicals and extremists and they make everything in our society about race. almost every aspect of our public discourse these days is about who is the oppressed, and who is the oppressor based on skin color. >> gillian: the supreme court justices this hour will have their chance to weigh in, things may move in a different direction. we have to leave it there. thanks for joining us. >> john: more with jonathan turley in the next hour. massive barrage of russian airstrikes knocking out power and water, spoke to residents how they are coping with the war. >> gillian: millions hit hard on two fronts in america's energy crisis. home heating bills and the supply chain coming up next.

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>> john: home heating oil prices skyrocketing, prices are up nearly a dollar a gallon in several states in the last four weeks alone. take a look at that rise there, and now the diesel shortage is reaching crisis mode. madison alworth is live in bud lake, new jersey, with the latest on all of this. how are retailers addressing the shortage? >> well, john, because there is such a severe shortage, some are having to initiate emergency protocol to make sure their customers are aware. so we spoke to mansfield, one of the largest diesel wholesalers in the country. they have issued alert level 4 sounding the alarm to customers.

>> 4 means we are on a very high level of concern about making sure that we stay ahead of customer's tanks, keeping the tanks full, monitoring and communicating with them activity every day about maybe the price, availability, maybe some different trucking situations we might run into. >> that's a level 4 out of level 5, it shows you how desperate things have gotten. mansfield is also moving the southeast to code red, where shortages are the worst. it means they are requiring a 72 hour notice for delivery. that's compared to their typical day of request the concern being they cannot guarantee fuel to customers and need that much time to figure whether or not they can deliver it. current inventory levels, we are at about 25 days of supply for diesel. that is compared to the normal 35 to 40 day supply. part of the problem is that there is just not enough production. taking a look, all refineries

who closed in 2020 and 2021. mansfield, they do more deliveries for major companies and they cannot get diesel or pay a high price, at the end of all of that, is us, the customers buying the product, and those are going to cost more. >> john: still shocking to see the differential in price between regular gasoline and diesel. madison, thank you. gillian. >> gillian: well, it's a race to the finish in a key midterm contest. new york's 18th district. >> john: and campaign cash into deep blue districts and deeper into biden land. a look at some surprising races and the gop strategies as they attempt to expand the map. >> it's time for change and

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>> john: republican new york state assemblyman colin schmidt is running for the 18th

congressional district, running against pat ryan who represents new york's 19th district. this is fox news power rankings showing the race is a toss-up. a little bit confusing, complicated, pat ryan won the 19th congressional district in a special election back in august but now that the districts has been redrawn, he's running against you in 18. when he won, he won on a message of abortion, but now it seemed to me, mr. schmidt, the message is turning toward crime. >> absolutely. the message is crime and the economy. we also have a lot of concern with border security issues, fentanyl and secret migrant flights from the biden administration and pat ryan is wrong on every issue impacting hudson valley residents. we have made over 250,000 voter contacts in the campaign since june and the hudson valley is tired of the biden administration, tired of house democrats and feel a lot of

momentum going into a few days from now, november 8th, to win the seat back and flip the majority. >> you are running on a platform to refund bail reform, migrants, and kathy hochul said listen, crime is not too bad in the empire state. what do you say to that statement? >> we have a serious crime issue, a lot of people are concerned with public safety here in the hudson valley and the greater new york area, and also the lack of support and disrespect toward law enforcement. a few weeks ago in my district, over five shootings in a single weekend. terrible tragedy, during the college family weekend a father was killed in a hotel in the morning trying to get some coffee. we have had serious criminal incidents, a lot of commuters in the district, a lot of folks who go to new york city for work or medical care, and they do not feel safe going down there. and the governor has no answers.

our opponent has no answers. and we really need to target the problem here, and it starts with the failed no bail law, which i am the sponsor of the legislation to repeal that at the state level. and make sure we are fully funding law enforcement and giving d.a.s the tools they need to do their job and when they are not doing their job like here where a district attorney has let criminals accused of serious violent acts go without prosecution we need to hold them accountable. so unfortunately, we have seen right here in this district where d.a.s are not doing their job and in congress we are going to make sure they do. >> i want to put the picture back on the screen, i was going to ask you a question about this. paul, the father on the right-hand side in the picture, he was visiting his son at marist college, in the lobby of a marriott hotel, and he was hit by a stray bullet and killed. when pat ryan won the special election for the 19th

congressional district in august, that was seen as a bellwether for how the midterm elections may go. if you put up on the screen the clear politics graph of the generic congressional question here, that was at a time when you see the graphs were very, very close together, and democrats had actually surpassed republicans, but now republicans have pulled back ahead again with a margin of some three points in the real clear politics average, which is as big a margin as they ever had. how do you think that is going to be realized on november 8th? >> absolutely, there's a lot of momentum, we feel very positive, victory for myself, lee zeldin and the ticket. honored to have their vote, and need to change the direction of the country, and we can do it here in the 18th district. >> put up quickly as we close out the political make-up, about 187,000 democrats, 131,000 active republicans, and 128,000 independent voters.

you are probably going to have to reach about 80% of those independent voters to win. can you do it? >> absolutely. we have done it in the state assembly, historic numbers, won over a lot of crossover voters, we have done it before in even more difficult years, we'll do it this yeah. >> john: thanks for joining us, appreciate it. >> gillian: a murder mystery may have been solved more than five years later. indiana state police announced an arrest connected to the deaths of two teenage girls murdered during a school break. how detectives think they cracked the case. should be your style! plop plop fizz fizz, with alka-seltzer plus cold & flu relief. also try for fizzy fast cough relief!

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