for you, come back fast with advil liquid gels. at newday usa we give veterans the va cash out loan with no upfront costs for an appraisal or termite inspection. no upfront costs at all. let us get your family security of cash in the bank. >> sandra: new at 2:00, campaigns kicking into high gear, well they better be. five days out from election day now. fox reporters on the ground coast to coast covering the biggest races that will decide which party holds power in washington. if that's not a set-up for you, i don't know what is. happy friday eve, john. welcome back as "america reports" rolls into a second hour. i'm sandra smith in new york and i beat you to it, john. >> john: good to spend friday eve with you. i'm john roberts in washington. at this hour, president biden heading to new mexico, but he's not going to the border. the president tried to shore up

support for the democratic governor locked the in a tight race, another governor's mansion could flip red. but no plans to visit the border. >> sandra: polls show a stunning shift among white suburban women. she says it's all about the economy for her. first, fox news alert. new york governor kathy hochul bringing in vice president kamala harris and hillary clinton in the last ditch effort to sway voters. the top democrats in the empire state as the race tightens. >> john: republican lee zeldin narrowing the gap, and resonating with voters. that race moving towards zeldin, but despite concerns over crime,

hillary clinton says that's all just a republican scare tactic. >> when they talk about crime, you know, they are just trying to gin up all kinds of fear and anxiety in people. they are not dealing with. not trying to tackle it. i view it as an effort to scare voters. >> john: effort to scare voters. well, rising rates are a brutal reality in democrat-led cities across the nation. in washington d.c., the city council has voted to revamp the criminal code to a more soft on crime approach. >> sandra: growing outrage in the empire state over no cash bail laws and governor hochul after a mother of three was murdered. suspect, her estranged husband, released less than 24 hours earlier before he allegedly beat her. now the victim's mother says hochul should be on the hook for

that crime. >> john: katie and rafael will join us in moments. >> sandra: anita vogel and the nation's capital. murder in buffalo, and new court documents just released. david lee miller, this story is absolutely heartbreaking. you have been covering this. >> the court documents are as disturbing as the video of the attack. security cameras appears what appears to be her being beating by her estranged husband. her statement reveals she feared for her life. a portion of the document reads "adam hit me anywhere he could all over my body, i was screaming for help the whole time. adam told me to shut the expletive you have, and he was going to kill me. adam told rachel he was not done with me and i was not going

anywhere, and told rachel i was not going to get out of there alive. adam went to the kitchen and grabs a tray with several knives on him. i was talking to him to calm him down. i was fearful for my life, i thought i was going to die." days later adam benefield was charged with third degree assault and other misdemeanors, he did not have to post bail. while free, he shot and killed his wife. the district attorney says the injuries were not sufficient enough to charge her husband with a bail eligible felony. kara's mother blames the bail laws and governor kathy hochul for being complicit in the murder. she pointed the finger or blame in the direction of others. >> the system absolutely failed her. the system has to work. orders of protection have to be granted. transition homes have to be available and we have to make sure that judges and prosecutors

charge appropriately. >> the governor also repeated that she is willing to consider changes to the state's cashless bail. meanwhile, as for adam benefield, he is pleading not guilty to second-degree murder. if convicted, as much as life behind bars. sandra. >> that mother who was killed, she felt so threatenped by that man that she was wearing a bulletproof vest just to drop her kids off at school. it's a horrific story, david lee. thank you very much for covering it. more on that coming up. john. >> john: and there was an order of protection as well. we mentioned here in washington, d.c., the city council voted to radically transform the criminal code, despite d.c. having one of the highest crime rates in the country. and now even democrats are warning the changes could undermine people's safety. anita is here with more. what kind of changes are we talking about here? >> john, the d.c. criminal code is pretty old, over 100 years old and some language is very

antiquated. for example, did you know it used to be a crime to play ball in the streets of d.c., so many agree the criminal code needs an update. critics say some of the changes will water down existing penalties for violent crimes like carjacking and rape. some proposed changed, restoring the right to a jury trial for misdemeanors, eliminating mandatory minimum sentences except first-degree murder. >> why is it fair for a murderer to be let out early when somebody is dead. and a rapist to get out early when the rape victim will suffer the lifelong consequences. no fairness in what they are doing. i don't understand, to be honest with you. >> denise is the commissioner for her neighborhood advisory council here in d.c. a lifelong democrat and former obama political appointee.

she calls the proposals garbage and is asking republicans in congress to help vote them down. at a press conference just this morning both the mayor and the chief of police of d.c. expressed support for many of the changes, but stopped short when it came to more lenient punishment for criminals. >> i'm concerned about reducing penalties for violent crime, and i say that, i'm talking about murder, robbery with a gun, rape, all of carjacking. these issues. >> and anything that would suggest or someone thinks it's a good idea to reduce accountability in my view, if there's a lessening of a penalty, i think that that's problematic. >> under something called the home rule act in d.c., congress is charged with reviewing all legislation passed by the city council. and that's why the neighborhood commissioner who spoke out in the story is calling on republicans in congress to vote it down. so, john, the city council had

an initial vote on tuesday, they are going to take another vote in a couple of weeks. we'll see if they are open to make any changes. tom cotton tweeted about it. >> john: used to be a crime to play ball in the streets here. now it should be at nationals park. the nationals were horrible this year. good to see you. >> sandra: brutal takedown there. bring in our panel, katie pavlich joins us, and rafael mangual, manhattan institute senior fellow, rafael with you, and this horrific killing of this 30-year-old mother, two young children at home, the grandmother, the woman's mother is blaming kathy hochul saying she's equally to blame for the killing of her daughter, saying that the no cash bail, that man was let out less than 24 hours before he rammed his car into

her daughter, got out and shot her execution style. >> that's exactly right. and this just tells us what the real center of this bail reform debate is, that's the debate about incapacitation. new york is the only state in the country that does not allow judges to consider the dangerousness that a suspect poses to the community when deciding whether or not to release pretrial and if so, under what conditions. the woman was wearing a bulletproof vest at the time -- >> to take her kids to school. >> she knew what the risk was. now, that judge, anyone who would have seen that beating video would have come to the same conclusion, this man posed a significant danger but the judge could not consider that under new york law. when hochul said the system failed, no, it operated how it was designed to operate. new york prohibits judges from considering dangers and making the decisions and that's the one

thing the governor refuses to change. >> sandra: absolutely terrifying, katie, when you see the details of this and the blame on governor hochul, a governor who is blamed for showing no empathy for new yorkers living through this crime. you go back to the father who was killed in the lobby visiting his son at marist college for parents weekend and she showed up to support president biden in a speech in the hours that followed and it was not even mentioned. >> yeah. yeah, no, just a week ago governor hochul told lee zeldin, running against her, congressman lee zeldin, he brought up the issue of crime and she said i don't know why you are so concerned about it, and said that the statistics of you becoming a crime victim are contrary to what people are saying to her on the campaign trail. she never brings up the names of the victims who are brutally murdered in her state. hillary clinton, i think just had another deplorable moment when she tried to say that

republicans are just stoking fear and trying to make people angry. this issue came to lee zeldin's door twice. the man attacked him at a campaign event and the shooting outside of his house when his daughters are home, and now you are seeing the face of this in an even more horrific way, a woman has children being executed and the governor has the nerve to say that a protection order should have been issued, well, protection order was issued and a protection order is just a piece of paper. and one more thing. at the same time that crime is raging against innocent people, they are also making it impossible for people to obtain handguns to defend themselves against violent criminals, murderers that they let out of jail. policies have proven that and people are dying as a result. >> sandra: rafael, david

carlucci joined us i believe yesterday, we asked about the bail reform laws and he defended them. >> new york we tried to make sure that justice is blind, to say that crime is the responsibility of that is because of bail reform, i think is jumping the gun. we don't have actual data that's showing that cash bail reform is the perpetrator of these crimes. >> sandra: that was tuesday, to that you say what. we don't have the data, he says. >> i think he's just absolutely wrong. one of the things we know quite clearly from the data is there was a 25% spike in 2020 over 2019 in the share of violent felony arrests constituted by people with open cases. that's what you would expect to see if bail reform were contributing to the crime problem. we can say the whole crime problem is not, can't be laid at the feet of bail reform. >> sandra: katie, you mentioned hillary clinton, out campaigning

for some democrats today. you might ask if it's going to help their cause, she says this about crime and republicans being responsible for it. listen. >> crime should be a concern. i don't care where it happens or what it is. i want people to be safe. that's not the republicans argument because of course if you look at real crime statistics, which they are not interested in examining, the states with the highest crime levels are states run by republicans. that's just a fact. >> sandra: i don't know what is not real about what happened to that 30-year-old woman in upstate new york, katie. >> first of all, her statement about the republican states are dishonest, atlanta is run by democrats, georgia is a red state. but for hillary clinton to say republicans don't care about crime, they are campaigning on putting bad guys behind bars, and people should be locked up

for enough time so there are not innocent victims like the young woman taking her children to school, they want to not just vi victimize, democrats act it's not an issue but about data. data is clear in the stories we are seeing, and the front of the new york post today. >> sandra: and new statistics on crime in new york city today, up double digits in many areas. john, put the new york post headline on the screen today because what readers are waking up to this morning. hochul says buck doesn't stop here, blaming kiera's murder on system that she runs. >> john: she is the system. and the idea she said there needs to be protection orders. there was a protection order against kiera's husband, and he violated it and he shot her and killed her. >> sandra: there a record of her

pleading with police to please help her. she was brutally attacked by this man, he was let out of jail within 24 hours, killed her. awful. >> john: and you have to wonder, does hillary clinton think that whole thing was ginned up by republicans? >> sandra: that's a question. all right, john. the race for pennsylvania's next senator could decide the balance of power in washington and brand-new fox news polling revealing whether last week's debate may have changed the trajectory of the race. >> john: president biden set to campaign in some border states but like he has for his entire time in office, he'll be keeping his distance from the actual border and the migrant surge. molly hemingway here. any footl! this guy loves a great offer. so let's see some hustle!

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>> sandra: john fetterman and dr. oz fighting for every last vote to determine control of the senate. this as new fox polling reveals more than half of pennsylvania voters say last week's debate factored into who they plan to support. molly hemingway moments away on that and more key races she's watching, but first bryan, in the philadelphia suburbs, a lot of visits this coming weekend. how close has the race gotten there, bryan? >> hey, sandra, it remains tight, despite the latest poll of 1,000 registered voters in pennsylvania shows even after the debate the race is virtually unchanged. take a look at this. john fetterman is ahead slightly over republican dr. mehmet oz by 3%. they are about even and in the margin of error.

fetterman's lead is lower than 11 points in july, 8% of voters remain undecided. after fetterman's rough debate performance, more voters tell fox news they are concerned he is not healthy enough to carry out the job of senator effectively. 39% of voters are concerned, up five points from september. even more voters say they are concerned about dr. oz being a so-called carpet bagger. 44% of voters are concerned he is not familiar with pennsylvania, of course he lived until recently in new jersey. the top three most important issues for pennsylvania, inflation, nine points ahead of abortion at 2, followed by election integrity and voting rights. and fetterman, has more enthusiastic support. most backing oz say they have reservations or support him

because they don't like the other candidates. >> we have to have less extremism, more balance in washington. >> on saturday he's going to be rallying with trump and mastriano, strange company for somebody that wants to reject extremism. >> both making their pitches to the independent voters. five days left before election day in this race. very much still a toss-up. sandra. >> sandra: bryan, thank you. john. >> john: let's bring in molly hemingway, let's put up another aspect, pennsylvania voters certain to vote or already voted, margin is the same as bryan brought up, but other undecided or not vote, 7%.

so, still enough people out there could sway this in oz's favor if he manages to get the momentum in the next few days, and that number is bigger than it was in september. >> it's very interesting how many people in pennsylvania previously voted prior to that disastrous debate where fetterman struggled to answer questions or articulate his viewpoint. something like 600,000 people had voted by that point. even though all the momentum is going in dr. oz's direction, this went from a blowout for fetterman to a very tight race but all of that movement is happening late and because of massive mail-in voting, might be too late to make a difference. >> have to get the results of that as well. in georgia, walker with the one point advantage or warnock. he's closing strong. >> democrats seem to think things are very bad that herschel walker will win. it could happen without even a runoff, so georgia has a lot of

runoff, because they require more than 50% vote. walker is closing so strongly, he might be able to avoid that runoff. >> john: and joe biden's speech at union station, he said we are not enemies, listen here. >> democracy is on the ballot for all of us. must remember that democracy is a covenant. we need to start looking out for each other again. seeing ourselves as we the people, not as entrenched enemies. >> john: seeing ourselves as we the people, not entrenched enemies. does he walk the walk? >> it's a schizophrenic approach, he says he cares about everybody. the previous speech he gave, the one in philadelphia, blood red, he said republicans were the enemy of the country, that was a horrific statement that bothered a lot of people and very much at odds with this presentation that he likes to make of himself as a moderate who cares for everybody. >> john: his inaugural address,

i'm going to unify the country, he's done everything but. >> and the policies, democracy is -- and >> john: and he talked about election deniers last night. >> estimated that there are more than 300 election deniers on the ballot all across america. this year, we can't ignore the impact this is having on our country. damaging, it's corrosive, and it's destructive. and i want to be very clear this is not about me. it's about all of us. >> john: it's true on the republican side there are dozens of election deniers on the ballot, a lot of them are on the ballot because democrats spent tens of millions of dollars to get them elected in their primaries and other side of the fence election deniers as well. >> it's not a very good phrase to use, nobody denies that

elections are taking place, they have problems how the election ares being administered. if you look, they say it includes people who deny the legitimacy of a previous election or people who have problems one constitutional changes to election laws or people who want elections to be able to be audited. that is an absurd definition and by that standard everybody should fit under it because people should want to have secure elections. also the issue that in 2016 the entire democrat party and the entire media complex denied the legitimacy of donald trump. they did it for years. you have people quoted, this includes president biden, kamala harris, hillary clinton, jimmy carter. really high level democrats who said president trump was an illegitimate president and did not hear them caring that they were pushing that dangerous and

damaging rhetoric. >> john: another five days to go, it's going to be fun. sandra. >> sandra: and here we go, midterm coverage continues. how high prices are affecting two senate races that are neck and neck on opposite sides of the country. >> john: we'll speak with an independent voter who lives in deep blue biden country and says the economy may have her voting republican.

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to you, sandra. inflation being the top issue here in georgia by some 20 points according to a brand-new fox news poll and despite this fact, sandra, senator warnock did not mention the word inflation even once to his supporters in monroe, georgia, did not talk about it at all. take a look at the new fox news poll, abortion is the second most important issue, but that margin has widened quite a bit since the summer and that is speaking volumes here. that kind of polling could spell trouble for the incumbent democrat, the fed announced another rate hike to get a handle on inflation. and showing that walker has really shored up his base in the last couple of weeks here with 87% of republicans now supporting him. take a look at the independent category, warnock still has the advantage there, among that group. 47% to 17%. but sandra, keep this in mind,

neither is polling more than 50%, which means we are looking at a runoff and in fact, the warnock camp telling voters to register now in case there is a runoff. sandra. >> sandra: aishah, thank you. john. >> john: now to battleground arizona where inflation is also at the top of voters' minds. alicia has the latest on that. >> hi, john. we have now gotten word from the white house that first lady jill biden will be here on saturday, however we have not heard anything of whether or not the president is coming to arizona. former president barack obama was here last night. he told the crowd republicans do not care about their economic needs and also hit on the democrats' theme of protecting democracy from those who say the 2020 election was stolen. but when it comes to issues, arizona registered voters find

most important in choosing their next senator, fox news following found the answer is inflation. it also found voters trust republican senate hopeful blake masters over mark kelly on that. >> you give mark kelly any more time in office to rubber stamp joe biden's agenda, soon gas will be $8, $10, $12 a gallon and the democrats in charge will say good. >> he wants to cut taxes, he wants to cut taxes for big corporations that are hiking up prices and has said that he would privatize social security. >> governor's race candidates talking about this, explaining to voters how they will provide immediate relief. kari lake promises to cut grocery and rent taxes. >> put half a billion dollars back in their wallets so they can maybe afford a little bit more on groceries and afford the gasoline. and then we are going to start to cut taxes every year.

>> comprehensive plan to address housing and just in general making things more affordable for arizona to combat inflation. >> and john, keep in mind phoenix, the state's largest city, is currently experiencing the highest rate of inflation of all major metros in the country. john. >> john: big problem there, no question about that. alicia, thank you. >> sandra: white suburban women could tilt this election. a voting shift in the demographic. republicans in the lead by 15 points. bring in connecticut independent voter ruth anne ramsey. she's retired, and has not voted yet, but is leaning republican, she says, due to concerns about the economy. ruth, welcome to you, thanks for joining us. >> hi, i'm fine. thank you. >> sandra: we saw you quoted in some of those articles about

female voters in this country, the issues that matter most to them and some that have historically voted democrat who might be leaning republican this time around. you don't have to give away everything, but what's on your mind, what are the top issues for you in this election? >> well, i think that crime and inflation, probably inflation first, and then crime, and then china, of course, is a concern. so -- but crime is a big issue everywhere. i live in a pretty quiet little town, we have a lot of crime here. so -- we live -- i live -- the town is located between two larger cities with major highways going through, i don't know if that has any relevance, but -- it just -- there's crime everywhere. >> sandra: interesting. noting, obviously, that you are

an independent, you told our team, you voted for democrats, you voted for the gop in the past as well. but you are retired, you worked as a real estate agent. all really interesting stuff. do you feel like both parties or one particular party has championed messaging that targets you? >> well i think that i don't believe in the whole tax and spend routine so i would say i'm leaning more conservative, for sure. basically i think that's it. i'm more of a -- much more of a conservative. >> sandra: interesting. so when you look at the inflation picture that you said is top priority for you right now, affecting so many of us, all of us in some way, how is it affecting you, ruth?

>> well, i'm on a fixed income so the prices go up but my income doesn't go up. so that makes me able to afford less, i mean -- it's all dollars and cents and addition and subtraction. so i can't afford as much as i used to, and that's -- it's a real concern. >> sandra: really interesting. final question to you as we are running out of time here, would you say you are leaning republican because they have laid out plans where you think they are going to fix inflation or voting republican you say potentially because you don't, you are undecided, you told us, or is it against the policies that you believe have led to that inflation by democrats? >> the policies leading to the inflation. i just think that they -- they

don't have a -- a good economic program, i guess that's what i would say. >> sandra: ok. well, i know it's not easy to come on tv and talk about your politics but it's a curious thing when we see such a big month men -- such big momentum behind suburban women in this election. we want to hear from you, so we asked you to come on and we thank you for joining us, ruth. did you have anything to add? >> i thank you. no, it's been my pleasure. thank you. >> sandra: ok. thanks so much, ruth. all right. important to tell their stories, john. >> john: and soon find out how many ruth anne ramseys there are out there. new hampshire senate candidates traded jabs on the debate stage, but republican don bolduc says one of the biggest hits came before the main event. on the ground where somebody threw a punch at him. >> sandra: and florida senator rick scott on deck to answer the

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>> sandra: one thing to trade blows at a debate, it's another to dodge actual punches, that's apparently what happened in new

hampshire before last night's senate faceoff. hillary vaughn has the rest for us. what happened exactly? >> sandra, usually it's what happens at the debate that makes headlines the next day, but everyone is talking about what happened before the debate. retired general don bolduc challenging incumbent democratic senator maggie hassan says he was confronted outside the debate by an activist, the man was yelling profanity and charged at him. >> he couldn't contain himself, he charged from his side of the sidewalk to mine, i turned my side to reduce my profile and made slight contact with me, i would call it a graze as a result. but my supporters surrounded me very, very quickly, police came in very, very quickly. >> police arrested the activist,

37-year-old joseph hart. the group free keen claims hart did not try to take a swing at bolduc. video shows it was quick and chaotic, bolduc supporters quickly surrounded the candidate. the activist is saying the same man got aggressive at one of their events with campaign volunteers and tweeting this, the behavior of the libertarian party agitators toward don bolduc was despicable. >> sandra: thank you. john. >> john: shows the senate is a toss-up, hinging on four big races but others as well. joining me is the man in charge to win back the senate, florida senator rick scott is the chairman of the national republican committee. >> i like the words when we get a majority. >> john: see what happens on tuesday night.

four toss-ups we talk about all the time, pennsylvania, georgia, arizona and nevada, and a couple of close races as well, talking about it, don bolduc in new hampshire and then j.d. vance in ohio against tim ryan. what are you predicting for tuesday and will the house races, look like they are going to end up in a red tidal wave, have coat tails for the senate? >> absolutely. everybody working together would do better. house races will get us votes. as they do well we are going to do well. so i think right now i think we are at 52 plus, laxalt is going to win, herschel will win, good shot in new hampshire and basically tied in washington. >> john: you are predicting control.

>> absolutely. whenever we get the results of pennsylvania, god knows when this that is going to be. >> 52 plus. early voting, i've been campaigning across the country, the rallies are way bigger than theirs, they cannot get people to show up to theirs. don bolduc, he has not had as much money as we have invested or as hassan, the last two polls has him up one. >> john: a lot of the money from the primary was from democrats who wanted to see him elected. so if he beats her, it's a massive fail on their part. and they say nasty republicans want to cut social security and medicare. what he said in florida the other day. >> you've been paying to social security your whole life. you earned it. now these guys want to take it away. who in the hell do they think they are, excuse my language. >> john: your 12 point plan does say all federal legislation sunsets in five years, if a law is worth keeping, congress can pass it again.

that's in your plan. but is it really your intention to cut social security? >> it's so different, we don't cut the military, don't shut down the military, we fund that every year and also in the plan, very specific. i said we need to start telling the public how we are going to fix medicare and social security. i won't and i don't know one republicans that would reduce the benefits of social security and medicare but what i know. when joe biden was in the senate he proposed cutting social security and medicare. in september, every democrat in the house and the senate voted and passed a bill to cut $280 billion out of medicare, biden signed it, $280 billion, and guess what. biden, after he was vice president, set up his apparatus so he got a loophole and did not pay his medicare taxes. so it's pretty cute, you know, what he's saying. but -- >> john: you have a new ad you point that out. that was looked at in 2020, fact checkers looked and said well, didn't know if it was an overly

aggressive tax strategy. >> he's trying to change it now, though. >> john: or what everybody does all the time. there are republicans candidates saying being loo, we have to make some changes to keep them solvent, pushing the eligibility age to social security to 70. why even talk about that, historically -- >> i think we have to preserve the programs, we have to make sure people get the benefit they deserve and the way to do it is make sure you grow the economy and as we grow the economy we'll get the revenue to pay for social security and for medicare. >> john: senator rick scott, see if your prediction holds true. 52 plus. >> 52 plus. >> sandra: john, it happened a few moments ago, president biden touching down in new mexico. how crime and the economy are impacting the races there. we will take a spin on the touch screen when we return.

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>> john: president biden landing in new mexico. he will hold a rally for the democratic governor who is in a tight race there. sandra has more. >> sandra: we'll highlight that race here quickly. okay. we were looking at that race just a moment ago. new mexico governor's race, grisham is leading by three points. race that we are closely watching in new mexico as the top issue, like is in other areas, the economy, abortion, crime also issues. if you haven't seen crime is a big concern for voters as their homicide rates are up double digits, rape, robbery as well. crime has emerged for the top gubernatorial race and the border an issue with the southwest border encounters climbing year over year. that's what we're watching. john, you're closely watching the governor's race here in new york state.

what is your concern here? >> john: well, as election night unfolds, the polls close early in the east coast. if lee zeldin could pull out a win, that will give us an indication across the country. in new york 17, if michael lawler pulls out a win and cease good-bye to the dddc chairman, that will be an indication. and vega's race another one to wa watch. levitt is another race to watch. one thing karl rove said he will be watching the margin with kemp and abrams. if it's close, that is not good for walker. if the margin is big, he could

pull away from warnock. i want to go back to the house race. i have 30 seconds. i'm going to end on the new york 17 race. sean duffy was here before. he said this is a big one for him to watch. your thought on that. >> yeah, if they can send sean patrick malone packing, that will be a big blow to the democrats. the first time since 1982 a chair would be defeated. >> sandra: thanks. i'm sandra smith. >> john: i'm john roberts. "the story" with martha starts now. >> martha: thanks. we'll see you in a few minutes, sandra, to talk economy. let's get to it. polls are still coming in at this hour. new numbers for georgia and for pennsylvania. it may come down to one of those for the senate. >> john fetterman seems to take the extreme position on so many items. >> i call it the oz rule. when he's on tv, he's lying.