during this formula crisis lacked leadership leading to perceived constant turmoil at the agency. the fda commissioner said that plans for changes at the agencies will be announced in january. that does nothing to comfort parents who need formula right now. >> dana: incredible story, lydia. thank you for bringing it to us today. new twitter file fallout in the growing censorship scandal. elon musk fires a top twitter lawyer who helped block reports about hunter biden's laptop just weeks before the 2020 election. i'm dana perino. that went by fast. >> bill: this might also. good morning, dana. i'm bill hemmer. turns out this lawyer, jim baker, used to work at the f.b.i. as general counsel under director james comey and learning why he was fired from twitter. while musk was trying to get to the bottom of going on baker was secretly vetting internal documents is what we've been

told before releasing them to reporters who were investigating twitter's suppression of the hunter laptop scandal. >> dana: republicans on the house oversight committee are calling for public testimony by twitter executives at the center of all this. >> we will subpoena some of these documents for the ones that were redacted and get to the bottom of what was going on. the biden administration and biden campaign before the election was colluding and conspiring with special media companies to censor the hunter biden story and people like james baker working there were doing their bidding at these companies. >> bill: full fox coverage ahead. fox news contributor guy benson. former congressional candidate also has reaction. gillian, nice to see you. >> journalist mat taibbi explained that general counsel jim baker got involved in vetting the first batch of the twitter files before they were released. he did it without knowledge of

the new management, elon musk. this revelation prompted a separate tweet thread from musk himself. he wrote in light of concerns about baker's possible role in suppression of information important to the pub like re lick dialogue he was exited from twitter today. baker's vetting of internal documents delayed the publishing of a second batch of twitter files over the weekend. during the trump administration, baker served as f.b.i. general counsel in 2016 and 2017. take a listen. >> it was pretty obvious who was suppressing that information, who was the person with the biggest motive. it was twitter's top lawyer james baker who as you just said had been the top lawyer at the f.b.i., the quarterback of the f.b.i./russia collusion scandal. and he had had to leave the f.b.i. because of that. low and behold he shows up at twitter five months before the 2020 election.

>> now congressman james comer, a republican, is calling on twitter employees past and present including baker to testify alleged censorship. he writes the american people deserve to know why twitter took down the hunter biden laptop story even when colleagues were asking about the rationale. bari weiss is investigating twitter's decision making surrounding the hunter biden laptop story. a long form report from her will be forthcoming. >> dana: fox news contributor guy benson. host of the guy benson show and patel, we're glad to have you both. the "new york post" cover. inside job. democratic lawyer secretly blocked release of internal twitter files and here is the headline and quote from michael goodwin. nearing the truth on the biden racket. the biden protection racket is starting to crack and the public

is closer to getting the truth about the president. i was on your radio show yesterday at 4:00, walked downstairs and gutfeld in the greenroom saying twitter just fired james baker and i put the connection together with the f.b.i. when he worked for james comey. >> elon musk is cleaning house is clear. i'm here for it. i think we'll probably learn more and there will be grift for the mill and a lot of controversy around it. one thing i was thinking about the other day talking on the radio with molly hemingway. it is important for the american people to know exactly what happened here and congress to serve an appropriate oversight role when the republicans take over the house in a few weeks. i think it's essential. the republicans need to think about this closely. to some americans it feels more like a boutique issue. they need to make sure when the hearings happen, members of congress who are asking the questions actually know what they are talking about and understand how things work and understand social media and technology. otherwise some of these folks

could run circles around them. with all due respect to some members of congress who will yell and scream and try to have a viral moment it doesn't provide new information. so i think republican leaders need to be thoughtful about who they put in prime time so to speak in these hearings because subject matter is important. >> bill: there is no telling where this story goes or where it ends. but appears that the deep state has gone deeper. what is your read on this? >> what we've seen so far are some redacted documents. we don't know how many times donald trump or the republicans have asked for things to be -- we saw that. we saw that twitter censorship goes to anyone that's a user. anyone that complains or makes complaints about fake news gets a review. that's all the logs we've seen so far. i agree with you, though. if there is a hearing on this,

it is going to look like grandstanding. we came out of an election yesterday for the first time since 1934 the president's party held every one of its seats in the u.s. senate. and one thing we saw was that in some of these places like walker versus kemp, the governor ran double digit points ahead. herschel walker. the governor lon double digit points ahead of some of the candidates questioning the election, questioning january 6th, things like that. so you have to be really careful here to make sure this is not just a look backwards political witch hunt thing. >> bill: the trump team may have made requests of twitter. we don't know if the questions were carried out. but in this case it's clear. >> when we talk about this as a first amendment issue. the first amendment stops at the government and government action from suppressing free speech. president biden was not a

government official when he was running for presidency. he was a civilian. he was a candidate. he was not a senator, not the president. >> dana: however, guy, do you want to respond to that? i think oversight is not necessarily grandstanding. and he was a presidential candidate and he had been the vice president and the questions weren't about hunter biden's addiction, it was about was there some sort of a kickback to him when he was the big guy. >> there is difference between talking about january 6th and looking backwards and some of the election denialism. that separate. the suppression of a major news story to benefit one team before an election to benefit one party over the other. i'm not saying joe biden was president and told twitter to do something. he was seeking the office at the time. of course he was someone with power and i think the concerning thing to a lot of americans is, did social media companies, these big tech companies, put

their thumb on the scale at the behest of their preferred political party with the companies and a lot of the mainstream media taking their queues from political actors. that's what it very much wreaks like in this situation and what a lot of the evidence has shown. that can be a real problem even if it's at a direct first amendment violation. >> look, no doubt the challenge like you said about 11% of americans use twitter on a regular bases. it is a niche. the only people who really amplify it are journalists. >> dana: and the white house chief of staff. >> and elected officials. to trying to make it not niche is going to be difficult. what i'm trying to say is with a tiny majority going into the house after what everyone can agree was a disappointing performance for republicans in the mid-terms, you know, we've started seeing layoffs happening

at tech companies and financial companies and across the economy. i don't know that having hearings about hunter biden's laptop story on twitter is going to be a productive means to win back -- >> bill: some people will cover it and other people will decide. twitter is a private company and elon musk can do what he wants. we'll see what's coming up. >> great points on the yankees, dana. >> dana: i try. thank you so much. >> this nonsense, the racketing, all kind of hanging around all the gangs. they are forcing us to hire the security. >> bill: it is not getting better in fillee. a gas station owner hiring private security to protect his business and his livelihood because he says the city is not doing enough to fight crime. bryan llenas has more here in new york on that.

>> good morning. customers who fill up at this gas station in north philadelphia for the last three weeks are greeted by heavily armed guards. the owner hired a private security company to watch over his business amid rising crime. >> i am fearful for my employee as well as my nice neighbors and customers. >> you try to get gas, live in a bad area. places are getting robbed all the time. i support the owner. >> patel says he was force evidence to hire security after vandal trashed his business and vandalized his car. he is not alone. armed robberies in philadelphia are up 32% according to the philadelphia police. retail left is up 51%, and car theft up 23%. the head of the private security company guarding the gas station says larry krasner is giving

criminals the keys to the city. republican state lawmakers are trying to remove krasner from office. he is being accused of a dereliction of duty as crime surges under his watch. >> the lack of political action. we have uncle larry, the d.a., who is not a d.a. he is acting like a social worker. when we elected him in office we wanted a prosecutor. not someone who is going to be kumbaya. philadelphia is off the chain right now. >> he is not without his own controversy. he was a philly police officer for 17 years before being fired following two dozen complaints. he was a whistleblower and settled with the city in a lawsuit. security top of mind for everyone. >> bill: bryan llenas reporting on that there. thank you. >> dana: breaking news from the border. sources telling fox news a border patrol agent has been killed in a car crash. we're told he was in a high speed chase with illegal

immigrants. this as the president says there are more important things than the border. retired border patrol chief rodney scott on that. >> bill: wal-mart ceo says retail theft is taking a toll on their stores. warning now the rampant shoplifting and lack of prosecution could drive prices higher. >> dana: more colleges are dropping standardized test requirements. is that really helping students? veteran homeowners, need cash? with the newday 100 loan, there are no upfront costs for appraisal or termite inspections. no upfront costs at all to get the cash you need. veterans get more at newday. ...tower cam for a - hey! folks, we seem to have a visitor. it looks like - looks like you paid too much for your glasses. ... who? anyone who isn't shopping at america's best - where two pairs and a free exam start at just $79.95. book an exam today.

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>> bill: the morning after the big vote in georgia chuck schumer now on the capitol hill talking about democrats keeping control of the senate. they actually padded their lead by one. they went from 50 to 51 with warnock's victory over herschel walker. we'll see where it goes in the

new congress. >> dana: they didn't lose a senate incumbent. he is taking a victory lap there. we'll bring you news if it happens there. just in from the border in the last hour a border patrol agent was killed in a crash chasing a group of illegal immigrants. bill melugin live in hill daig owe, texas. there are consequences to this every single day. >> dana, good morning to you. that's exactly right. multiple federal sources say it happened in mission, texas, 20 minutes from where we're standing right now. tragic news. i'm told by the sources that a 38-year-old border patrol agent was chasing a group of illegal immigrants in mission on his atv and going pretty fast when he crashed into a gate and he lost his life as a result of that crash. i am told by these sources that agent was a father of two. he was a fantastic agent and that he was a really good guy. i have reached out to cbp for a formal statement. this agent lost his life doing

his job in difficult circumstances with the border crisis now. look at these photos right here. another major fentanyl bust out of arizona this at the cbp port of entry where officer seized 440,000 fentanyl pills hidden in the seats of a smuggler's vehicle as he was going through the port of entry. a few hours south of phoenix where president biden was yesterday. but he obviously didn't visit the arizona border. look at these images out of the tucson, arizona sector. this is a human smuggler driving a truck with 13 illegal immigrants. border patrols said at extreme speeds. what was in that vehicle were two little unrestrained migrant children were in the group of migrants being smuggled. look at the back of the vehicle. six illegal immigrants dressed in camouflage in the bed of the

truck. look at this video from texas dps. dash kam showing what their troopers are dealing with day in and out at the southern border. a trooper pulling over another human smuggler, everybody bails out of the vehicle. nine illegal immigrants run off in all directions. the trooper decides to go after the smuggler, arrests and charges her and taken into custody. back live the tragic news here in the rio grande valley 20 minutes away from where we're standing a border patrol agent lost his life. 38 years old, father of two died after he crashed his atv into a gate while chasing a group of illegal immigrants. send it back to you. >> dana: tragic. bill melugin, thank you. >> it's dangerous and irresponse to say what he did. if he really understands what's going on at the border and not going to visit and give a morale boost to the border agents. he is the worst president. >> bill: among those criticizing

the president for skipping a chance to visit the border for more important things while he was in arizona yesterday. rodney scott, good morning to you. here is what your union sent out yesterday. visiting an ice cream shop very important. vi visiting our border with thousands dying as a result, not important. i take it you weren't surprised at the fact he skipped the visit. >> unfortunately i'm not surprised. my thoughts and prayers go out to all the u.s. border patrol and the family of the agent who lost his life and sacrificed his life trying to keep this country safe. that's what those agents are doing every day. shouldn't be a surprise from this administration. who would want to stand beside the mess you created? at the same time it would be admitting there was a problem and his secretary continues to lie to america and tell everybody the border is secure. when in fact it is not.

they lie and say everybody crossing is an as aisle um seeker. the stories you cover prove it's not the case. it's a dereliction of duty. >> bill: just want to squeeze this in. republicans take control soon in a couple of weeks. house oversight committee. worst border crisis in u.s. history is not important enough? committee republicans have seen the border firsthand, a national security and humanitarian disaster. the border crisis will be our top priority. americans need accountability. you are right about many of the things you said there. do you expect anything to change come the new year? if so, what would that be? >> i think the one thing that can change is transparency and getting out truth. again, this secretary is consistently lying about the conditions at the border and i believe having hearings and forcing other government officials that don't have a political agenda to come before congress and testify and have that broadcast nationwide can

add some transparency to this so america can really know what's going on. how do you make a good decision or vote when you don't have the information you need? >> bill: call for number four, guys. border crossings in 2022. every time we put up these numbers, it is a stunner. we're 2.3 million for the last fiscal year. what happens when title 42 goes away in two weeks? >> yeah, i believe today was the last day the administration had to be able to appeal that decision and they aren't even appealing it. so it will get even worse. any time that people know they can commit a crime with no consequences and come to this country with no consequences, the flow is just going to continue. it is hard to say it will get worse because it is totally overwhelming agents today. we don't talk about the criminals, the terrorists and all the narcotics that are pouring across with that and the hundreds of miles of border that are already open. there won't be anyone left on the border to arrest anyone. >> bill: i hope you are wrong.

thank you for coming back today. >> dana: the republican lawmakers are speaking out on border patrol with some of their democratic colleagues about increased suicide rates. tony gonzalez was on earlier saying there has been 14 in the last couple of years. let's listen in here. >> im representing texas 34, a wife of a border patrol agent and it is an honor standing today on behalf of all those who can't speak out for themselves. our heroes, our border patrol agents. abandoned. those are the exact words so many border patrol agents have talked to me about. they feel abandoned by this administration, abandoned. this shouldn't be political. this shouldn't be about republican or democrat. this is an american issue. i'm asking the biden

administration, i'm asking to please take this issue serious. south texas needs solutions. how many more lives do we have to lose for this administration to take this border crisis serious? what has been discussed here today, it is not only a statistic. families are forever changed. but to me it's personal. i have lost -- we have lost border patrol agents in the recent weeks that are friends. just last night we lost another friend. it has to stop. the joe biden administration has played the border crisis, his policies have created have

downplayed it. he is on record stating there are other more important things. that is a ridiculous statement and it is a disrespect to our border patrol agents. i'm asking him to come to south texas, to come and see what our border patrol agents are going through so we can see some real solutions coming forward. let's show the american people that we can come together for this. the american people deserve it. i think that is the message that they have sent very clearly in the past election, that they want us to work together to find real solutions. we as congress, we as the american people, we must provide the necessary resources not only to cbp but law enforcement agencies across the country who are under severe stress and mental health challenges daily. in part due to the failed

policies created in this town, in this building behind me. so i want to thank my colleagues and congressman gonzalez for gathering us all here today to touch on this topic and let us all work together to prevent additional death and suffering. in the rgb and across all border towns we are all family. thank you so much. thank you again, congressman gonzalez for doing this. thank you. >> thank you. >> i'm congresswoman from michigan where we happily host a huge number of cbp officers on our water border one of the busiest economic borders in the country. we feel a real kinship. thank you to representative gonzalez for pulling us together. it is important that we understand the bipartisan work that needs to go on to deal with

our crisis at the border. and we all know that our immigration system is wholly broken and working for no one. and therefore the folks who are manning the southern border are bearing the brunt of our failed policies and i know that for myself and i think many up here we're willing to work with anyone on the right or the left in order to deal with that. i think there has been a number of comments about the roles and intense work that cbp does. i'm a former c.i.a. officer and did three tours in iraq. like gonzalez in the past year i have had a school shooting in my district and we know for our military and law enforcements and customs and border there is a special need for mental health services by people who understand the work. and i think that's what has been missing. it can't just be a friendly social worker who does work in the civilian world. it has to be someone with

special skills who understands the problem set and have the trust of those officers to confide in them. the system has to work. certainly as a c.i.a. officer the minute you put up your hand to say you needed mental health services was the day your career started to tank. so we all know and understand those problems. i'm happy to be here with my peers. again, there is no way that we can continue as a nation of immigrants to go on with our immigration system as broken as it is. this idea that somehow we can either have border security or a humanitarian policy towards immigrants that you have one or the other is crap. you can have both. and i'm willing to work with anybody here and beyond. i commend the process that's going on in the senate now to at least bring people together to have that conversation since it is our responsibility to take the pressure off of the southern border where it should not be in the first place. thanks very much.

>> good morning, everyone. congresswoman nicole malliotakis. >> dana: you have been talking the press conference gonzalez brought together. there are republicans and democrats talking about this really terrible problem of suicides amongst the border patrol ranks. there were three suicides in three weeks. there has been 14 in the last couple years. >> bill: too many. >> dana: so this is an important topic and they came together on this. we'll continue to follow it there. >> bill: what slotkin is talking about, the democrat from michigan talking about failed policies. you don't hear a lot of democrats talking that way. the other thing she said you need to talk to the people who understand the work and so -- >> dana: mental health professionals that need to know that. they'll be in high demand. we'll continue to cover that for you as well. also on this president biden says the pandemic is over but work in our nation's capitol remains mostly remote with many

office buildings empty especially on mondays and fridays. mark meredith has a look at the major impact and real estate. having lived there for so many years i have to imagine this has a big impact. >> dana, it certainly has an impact across the city. as you can imagine when most people come to d.c. they fixate on the monuments. the next time they're in downtown d.c. they'll see signs like this. an indication what is going on with struggling businesses. you have so many office buildings still empty dedespite pandemic restrictions being lifted and people working remote. the office vacancy rate was double in 2019. the city is working to address the problem converting some empty office buildings into condos or apartment buildings. it takes time and money to get that done. we spoke with leaders in charge of trying to bring business into d.c. and they talked about the struggle of trying to adapt to

this new environment. >> somebody's nightlife, we're missing the daytime vibrancy we saw on a daily basis. general services administration is one of the biggest single leaseholders for downtown d.c. so when the federal workers are not in the office it has a major impact on what we're seeing in downtown. >> also major impact on small businesses. we spoke with the owner of the coffee bar in d.c. told us with workers coming and going at weird times and off days it can really be a challenge to adapt to what she says is a new normal. >> even if they're coming into the office it tends to be half days. so we start out and ready to go and the coffee brewed and we're drawing straws to decide who will go home? sure enough, sometimes tuesday morning we have to call the other shop can you send somebody down? >> the city is certainly trying to do what it can to bring people back in. things have improved from what we saw earlier in the year.

i was amazed at how many retail businesses are vacant right now and i've heard a number of factors, the biggest one is the federal workers not coming in on a regular basis. so many other downtown businesses don't have the customers they once did. >> dana: similar thing in new york but starker there in d.c. mark meredith, thank you. >> bill: the head of one of the nation's biggest banks warned the economic forecast for 2023 is not looking so hot. jamie dimon. >> if you look in the short run consumer spending 10% more than last year and 40% more than precovid. they have money in the checking accounts more than pre-covid. inflation is eroding everything i said, a trillion half dollars will run out mid year next year. those things may very well derail the economy and cause the mild to hard recession that people are worried about. >> bill: d here is charles payn.

how worried are you today on that? >> i'm worried. all the classic signals are there and wall street signals, the bond market and what i was getting to, the yield curve has inverted, right? there are all kinds of combinations of bond yield. ten year and two year and ten year versus three months. when the shorter yields go above the longer yields there is a red flag. 7 or 8 curves on the inversions. the deepest inversions going back to 1981. for many on wall street it is a harbinger of recession within the next 6 to 12 months and other signs as well. but there are still a few people on wall street. morgan stanley saying we'll barely skirt it. it all might come down. one thing i want the address with jamie dimon. i get so upset when i hear these guys talk about 1.5 trillion as if we're sharing the pot.

that money if you break it down in the four quad rants of income the bottom half of america has used theirs up, okay? they don't have 1.5 trillion. the top half does. particularly the number one bracket. they got theirs by saving that money. they aren't going to go down on it. that's why the federal reserve is so important. the federal reserve is looking numbers. folks who are wealthy won't draw down on their savings. they won't have to. so the biggest wild card in all of this right now is the federal reserve. if they go too far. to a degree we know their hand has been forced because of fiscal spending that is nuts. they're trying to put out a fire that the white house keeps stoking. >> dana: another thing that is happening for people who are shopping at that lower income bracket, right? doug mcmillan is warning about theft becoming a real issue. >> theft is an issue.

it is higher than what it's historically been and we have safety and security measures we put in place. >> criminals won't be prosecuted below certain levels. >> if that isn't corrected stores will close and >> this is the biggest issue for most middle to low income neighborhoods. you remember in 2020 target closed 175 stores. a lot never opened. cvs will close 900 stores in three years. forbes, wal-mart, the company and ceo we listened to lose $3 billion a year to theft. rite aid, a big snatch and grab there. one in my old neighborhood closed. some of these retailers are putting out these statements sort of inoctoberous. they won't specifically say it is theft. imagine if a drugstore in your

neighborhood goes away? imagine if wal-mart in your neighborhood goes away which has the lowest price food in your community? imagine when these stores go away? it is not just economic hardship. it is -- it gets to the fabric of family living, particularly for lower income families. >> dana: you would think the business people would put pressure on the prosecutors. >> you're right. target when they came out with the earnings put this thing on blast. they said we just got robbed for $4 hundred million. target has a theft lab. no retailer in the country understands theft and shoplifting better than target. they're amazing. they study it inside and out and they can stop it. it is not they can't stop ute but will the local communities allow them to stop it. do you want to become a villain in your community because you grabbed someone running out? with all these things. they have the ability to stop these things.

why are these community leaders allowing it to happen? i saw the interview with a new d.a. in san francisco. if she lives up to what she is saying her words are amazing. we'll see if she follows through. this is an s.o.s. to folks who think they're helping the communities, you are making life harder. >> bill: you have another town hall coming up this week. small business survival. next thursday at 2:00 eastern. >> everything from inflation to recession. i can't wait. >> dana: i would love to hear more about that. all right. now the trump organization was convicted on all counts in a criminal tax fraud trial. the jury found the family business unlawfully paid top executives in high-end perks and convicted of falsifying records. they're facing up to 1.6 billion

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>> bill: we're following what could be a major shift in the college admission process. some students don't put on their test scores with the application. what did you find out, mike? >> the nonprofit that publishes report more than half of the students who applied for college submitted test scores. three years ago that number was 78% of early applicants. the chair of the american college test or act says the scores are still valuable in helping universities sort out students from across the country. >> in this environment where we see great inflation on the rise, having a subjective measure readiness and core academic skills is critically important and something we believe very strongly out of act.

>> more than 1800 colleges are test optional this year according to the national center for fair and open testing including some of the mostly let private and public schools. less dependence on standardized tests is liberating for colleges and universities. the schools can select the class they want more diverse or whatever factor they choose. the number of students reporting sat or act scores had a huge drop-off in 2020 when testing sites were closed because of covid-19. testing optional has grown. it adds to the stress of mom and dad. experts warn optional does not mean without impact. in some cases some universities accepting a higher percentage of applicants with test scores than students without. >> bill: changing times. >> dana: bill just asked me did you study for your standardized test? me, yes.

>> bill: you didn't have books you could study. you went in on a saturday morning and took your test. >> dana: you were so brilliant you sailed right through. >> sailed is debatable. >> dana: i agonized and studied. nationwide protests in china over harsh covid policies are finally convincing leaders to relax the rules easing intense lockdowns, quar an teens and testing requirements within days of the first protest. enes kanter freedom is a professional basketball player, free agent and activist. a country can suppress people for so long when they realize they have nothing to lose to protest. finally maybe they have cracked this code to try to get china to back off? >> you know, this is what i will say. everybody knows china is a

dictatorship. if they scale back the covid lock down from 100% to 99% it is still horrible. people locked up. no freedom of movement. even last week in one city there was a fire in an apartment and people burned alive because when they tried to exit the apartment all the doors were locked from the outside by the police and this is what they do to human beings in china. they trap them until they die. but i want to say i applaud and stand with the protestors in china because they are risking their lives and freedom to protest the most brutal dictatorship in the world and it is -- i think it started to show effect. so people don't back down. protestors don't back down. whatever are you doing is working. >> dana: a guy wrote it matters china's protest started in the city it did. we don't know if people can find out what we're saying but we hope so and that they are

encouraged by that. a wall street columnist said tim cook's bad day on china. apple isn't selling sneakers or hamburgers. one issue the big tech giants have that other companies don't is whether their technologies are being co-operated by beijing to suppress the chinese people. apple is planning to make some moves of production outside of china. >> so i would say tech companies might not ultimately say they are worried about china invading taiwan. if you are invested billions of dollars to produce chips for cell phones in the u.s. privately apple is scared about what china will do in taiwan and more scared to say publicly. so i believe they are preparing for plan b, having chip factories in the u.s.

but apple has been complicit with china as much as they could doing in china and never criticizing ever for them to just -- for their abuses. people in china are harassed and locked up due to covid. apple is doing damage control by trying to change their supply chain to u.s. after they exploited cheap labor in china. i believe that in -- china and taiwan relationship is getting more and more dangerous. >> dana: well, when he was asked by hillary vaughn the other day, our reporter on capitol hill. she tries to get cook to respond. it doesn't happen. he doesn't say anything. silent through all of her questioning. but you are not silent. you are always willing to speak up and come on the show and we appreciate that. en have a great rest of the week. thank you. >> bill: in a moment the u.s. supreme court hearing a case on election law putting the very

future of voting on the line. we'll tell you about those high stakes.

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>> harris: elon musk making his point and mark. he inspired twitter's top attorney. the same man who worked on the fbi's investigation into trump's russia ties. that did not exist. would that have been collusion between the old twitter and the fbi? plus, a teacher says on camera she will not teach her students grammar because it is rooted in white supremacy. you cannot make it up. a restaurant refusing to serve a group of christian conservatives. the president of that group, the family foundation, and focus. also, pete had and juicing grants at the top of the hour >> planes burning. dancing to cross the pacific. these have been on the way for

days evidence of the premeditation of the attack. the bomber took immediately at planes on the ground to shatter the defense of american bombers and fighters. in spite of this blow of surprise devastation, american fighting planes took off. >> dana: today marks 81 years since the attack on pearl harbor. the japanese ambush on the ym naval base killing more than 2,0 americans. two dozen were ships and aircraft were destroyed. congress would declare war with japan the very next day launching the u.s. into world war ii. a few survivors who are now more than 100 years old are taking part in a remembrance ceremony today. their numbers are dwindling, all that they did is -- we are very grateful for it and we remember and what they are celebrate it and her eyes. >> bill: we will have it for you tomorrow. the sun is not quite up in hawaii. 81 years today.

the supreme court hearing argument in a case could have a major impact on the ballot box in 2024. the issue here is how much power to the states have in overseeing federal elections? we were on the for an explanation on the steps of the supreme court. good morning. >> good morning too. this is one of the most important voting cases for the supreme court ever. that's not an exaggeration. this will retool the entire way that voting works on a federal level when it comes to the power that state legislatures have. think about redrawing maps, redistricting, gerrymandering. looking at the way that votes are counted. there's an important question before the nine justices of the court this morning. can state lawmakers have ultimate control over election rules without traditional oversight from state courts? those in favor of the change site the independent state registry the true doctrine.

proponents argue that the u.s. constitution gives the state lawmakers these rights. there are those against the proposal that if the justices ruled in favor of the north carolina general assembly, state lawmakers could throw out the electors chosen by voters and a put in their own electors many state legislators could potentially pick a president. this is what president donald trump pushed after he lost in 2020. when there is an election problem, it normally goes to a state court but state lawmakers want to take judges out of the mix. with the midterms all over and all eyes on the 2024 presidential race, both sides will be seen whether the high courts 6-3 conservative majority will completely retool election disputes. expect this to spark a frenzied call for new state laws. justices on these big cases take the entire term and we will hear something at the end of the term, end of june, possibly even early july.

>> bill: it sounds like a case of states rights, david. is it that simple? speak up big time. it is. it really is. it's about states rights. that's what the general assembly things although those against, including the u.s. government, say it should not be a states right to potentially get involved in a federal election. if this happens in the justices overturn this, it would be a big one. it would retool the map because it's all about the redistricting. >> bill: thank you. it sounds like they are having a party nearby. enjoy that. thank you. >> dana: democrats are worrying that's the end of democracy. but then again, they think everything is going to be the end of democracy. it won't be the end of democracy. >> bill: at georgia voted four times in 23 months. four times. >> dana: before we go, check this out. ♪ ♪ i think judge jeanine would like the story. there's a rescue piglet bringing joy to a veterans home in louisiana. his name is al fenn and his

three months old. residents getting a chance to pet and cuddle him. his owner has visited the home with other animals, but she says that she gets the biggest reaction. >> bill: a good name and appropriately so. >> dana: elfin on a shelf. i will see you on the five and! tonight. i will join my friends on got felled. harris faulkner is next. >> harris: we begin with this fox news alert. twitter's new owner, elon musk, is not playing around. he just showed twitters top attorney the door. happy general counsel jim baker is gone for trying to conceal his role in censoring the news of hunter biden's notorious laptop. that attorney is accusing of having a history of covering fo. i'm harris faulkner and you are in "the faulkner focus." the journalist had to wait for a company attorney to review the twitte