there. emily: because i already won it when we played charades. will: that's right. she used her voice in charades, did you all notice that? emily: just to say, yes, to affirm we were winners. pete: have a great saturday, will cain will be in el paso, we'll be right here. [cheers and applause] ♪ >> the honorable kevin mccarthy the of the state of california, having received a majority of the votes cast, is duly elected speaker of the house of representatives. [cheers and applause] neil: it's over. or is it? sure, kevin mccarthy is speaker of the house, he got the votes, and as of 1:39 this morning, little more than 8 hours ago, he potentially got the gavel. he officially got the gavel.

but at what price? he made a whole lot of concessions and it darn near came to blows. more on that later. just how did things unfold the way they did on that crucial 15th ballot, and how did mccarthy forces get those 6 never kevin members to end up voting present rather than against mccarthy? pennsylvania republican scott perry was a no vote on mccarthy too, but with he changed his mind a few voting rounds earlier. why then? we'll ask him, because perry is here now. and so is texas congressman keith selt who did the same thing. and look who wells is joining us this morning -- who else, none other than dan crenshaw who had some very choice words for those early holdouts, called them enemies, and that was even the nice part. what does he think no? and why dud south dakota republican dusty johnson insist republicans can move on now? he'll tell us. they'll all tell us because they're all here, and so are we.

ed good morning, everybody, i'm neil cavuto, and maybe i should be saying good later morning because, like i said, all of this was resolved a mere hours ago. alexandria hoff followed the drama down to the last minute. she joins us from washington. >> reporter: hi, neil. yeah, we're all a little bit sleepy right now. it took 14 failed votes and tense negotiations to flip if more than a dozen holdouts in a finalling tally that took place well after midnight, but speaker mccarthy was, indeed, sworn in, a moment met by a standing ovation. >> the honorable ken mccarthy of the state of california, having received a majority of the votes cast, is duly elected speak speaker of the house of representatives. [cheers and applause] >> and now the hard work begins. i may not know all of you, some of you are new,s but i hope one thing is clear after this week. i never give up. >> reporter: speaker

mccarthy inched through with just 216 votes. 212 democrats backed congressman hakeem jeffries. six republicans in total including lauren boebert and matt gaetz voted present in the 15th round rather than no which lored the threshold voted -- needed to 215. >> there will be times we agree and many times we will differ. i promise our debates will be passionate, but they will never be personal. this chamber is now fully open for all americans to visit. [cheers and applause] i want to give all americans a personal invitation. you are welcome to see this body at work. >> reporter: well, the stalemate over putting that body to work, it started tuesday, it was led by members of the house freedom caucus. it was broken as mccarthy agreed to key concessions including the ability to oust him more easily if members

desire, votes on term limits and ca budget resolution to balance the budget in 10 years plus an array of spending cuts. with the speakership sorted, the 118th congress was finally sworn in. >> and that you will well and faithfully discharge the duties of the office on. >> you are about to -- on which you are about to enter so help you god. >> i do. >> congratulations. [cheers and applause] you are now members of the 118th congress. [applause] >> reporter: now, speaker mcthink has a maintained that he does not feel this drawn-out process has weakened his position whatsoever. neil? neil: we shall see. still early going. thank you very, very much for that, alexandria hoff. in the meantime, we have texas congressman, i no longer have to say congressman-elect, they're all congressmen now. keith selt, again, of texas. congratulations, congressman, and very good to have you.

>> it's great to be here as congressman. it was a long night, but we finally made it here. neil: yeah. what a bumpy ride, a controversial one. but it's done, to your point. now, you were originally against kevin mccarthy. unlike the six who voted present in the end, you had voted for, i believe on the 12th round of voting. why? >> because i was convinced that what we then called the framework of negotiations that were going to return some level of authority to individual members of congress was preceding a pace, and i thought we would get there and eventually i think we did because i'm not going to be a chairman, i'm not going to be in leadership, so i will be a member of congress. so in the past two years, there's been almost no authority for individual members of congress and this framework, now an agreement, did exactly that. and i look forward to exercising the constitutional horses given

to me as a member of congress -- authorities given to me as a member of congress. neil: it was never personal, i found that fascinating because some of the six that ended up just voting present, many consider that it was personal. but you said at the time when you were against mccarthy that the problem wasn't mccarthy. the problem is with the conference. i have a lack of trust in my republican colleagues because of history. what did you mean by that? >> well, i mean that in the 20 plus years that i've been retire from the military, the national department has gone from from $10 trillion to $31 -- debt -- just since i've been retired from the military. and of those 23 years, however you count it, 16 of those years when the republican majority -- were under republican majority leadership. that's why. i mean, it's history. i don't have any problem with the personal, with the persons who sit in the seats of congress. i have a problem with history

and the republican majority has been part of the problem now for 20 the plus years. 10 trillion to 31 trillion, that's not to a good path. neil: congressman, there have been many democrats and even some of your moderate colleagues who worry about some of the concessions that kevin mccarthy made to get to that speaker's gavel point last night, and they say that you've hamstrung him and that even the notion that any one of you can move to oust him has weakened his hand, and he's going to be the a heck of a lot weaker than nancy employees was -- pelosi was. and that's not in your interest or congress' interest. what do you say? >> i say that nancy pelosi ruled with an iron fist. there wasn't any velvet over that iron fist. we have returned authority to the members of congress, so we will now act as the legislative body, the greatest legislative body on the face of the earth. debate and discussion, decisions and votes.

that's what we have returned to the american people, to be the greatest legislative body on the face of the everett. neil -- of the earth. neil: key to this agreement was another measure to cut spending, tie it to debt ceiling increases. democrats immediately seized on that, sir, to say republicans are going to shut our government down. if they don't get their way, they're going to shut our government down, and this is the tool they'll use to do it. what do you say? >> i say that there is plenty of waste, fraud and abuse, just extra spending in the federal government. we've got plenty of spending that we can look at. i'm not going to get into the details, but i tell ya, i think we can do that without harming a single american citizen. in fact, we need to return america to the position of peace through strength, not weakness. neil: all right. so just so i can understand what that means, this still calls for when the debt ceiling issues

comes um tying it to -- up, tying it to government spending, is that correct? >> that's the way i understand it. i was not in the negotiating room, but that's the way i understand it. and i believe all that means is that we're going to have to curtail government spending so that we don't spend these outrageous amounts of money that put us further and further into debt and increase that $ing 31 trillion in debt. neil: let me also ask you a little bit more about the tone now. obviously, you guys all coming together -- >> right. neil: but, you know, there were a lot of choice words. i mean, in one case almost coming to blows last night. had nothing to do with you, congressman. but, again, people were hot and bothered, and things got tense, and a lot of people were lacking sleep and too much pizza. >> right. neil: for me, it can never be too much pizza, congressman, but i digress. how do you think you'll all get along now? >> i think we'll work through it because we are now united as a republican conference to do the will of the people.

now, we were doing the will of the people for the past four days because that's part of our constitutional duty, to elect a speaker. but now we can get to work on the issues of america. so now we have a common cause. we immediate to -- we need to tackle the major issues of america; the debt ceiling, the debt and deficit amount, the increase, the southern border, the fentanyl coming across the border, china, the the growing threat of china. those are the major issues and more that we need to now tackle. so we've got a common cause now. we've got to get to workment. neil: you know, as a texas congressman, i'm sure you're well aware the president's going to be at the border tomorrow ahead of the trip to mexico next week. what do you want him to see? >> well, i would like to see, i would like for him to see what i saw on my two trips to the border during my campaign. the first trip was in the middle of the night watching the cartel operations, very sophisticated, very sophisticated operation

bringing illegal aliens across the border. the second trip was to the el paso sector where we talked to the border patrol agents, we talked to the local sheriff, we talked to the landowners, and they described a broken system, in fact, a system that didn't even attempt to enforce the laws of this land. i i want him to see that. i want him to go see the cartel operations. i want him to talk to the land are owners, the sheriffs, the texas people and now across the nation, talk to them about the impact of an open southern border. neil: congressman self, thank you very much for joining us. i'll let you get some sleep now. keith self, beautiful state of texas. >> thank you so much. neil: to the floridian here right now, florida congresswoman kind enough to joins -- join us, she was for mccarthy all the way. are you relieved, congresswoman? are you bitter? how would you describe things? >> no. no, you know, neil, i'm the

eternal optimist, so i said from the beginning that we would be better for having gone through process. and i think that's important to note because as my colleague, keith self of from texas just said, this was the people's house in action at work. and i will point out a couple of things that that need to be corrected. first, these are not concessions. i think the things that are in this rules package that we'll be voting on on monday, these are conservative wins. this makes kevin a better speaker, this makes us a better conference. and to be honest, these were negotiated eight weeks ago, and multiple iterations of this had gone through the entire conference where conservatives across the conference were voting on these, debating them. and so the package that was presented at the beginning of the week was already 99% cooked. and i think you see people getting emotional about this because that last 1% of the framework was a continually-moving target. that was the frustrating part -- neil: yeah. but a lot of your moderate colleagues like yourself were

not really pleased with some of these going back and forth. you're quite right, a good many of them were sort of ironed out, but something happened, and they're not aware of the details of what might have been agreed to to get this final group or at least 14 of the original 20 to go along. are you convinced that there were no changes made, because some of hem are telling me otherwise. >> no, you know, one, as a conservative in the movement, an america first candidate, i was frustrated because learn really great wins that i had testified in the rules committee, i had debated with my colleagues about. things like having 72 hours to read the bills, single-issue bill, a balanced budget amendment, a vote on term limits. these were all things that i support and so many conservatives across the conference supported. and the other false narrative is hat freedom caucus was leading this charge. there were members that were objecting to kevin mccarthy's speakership that a weren't

members of freedom caucus. in fact, 60% of the freedom caucus supported kevin from the get go. i think a lot of the frustration stemmed from a certain group of people that were raising campaign cash off of this, basically cashing in on chaos on the house floor. neil: are you saying that all 20 the of that group were in that camp, that they were cashing in? >> oh, certainly. certainly. that's public knowledge. and of those -- neil: you've got to work with those 20 now. 14 of them went your way and went for ken mccarthy. -- kevin mccarthy. heir going to hear this, congresswoman, and they're going to say, what did she say? >> unit say anything that wasn't true, and again, i've never name-called or done any of that. that's not helpful. we need cooler, calmer heads to prevail. but we need to be here for the pure i of purpose, and that's serving the american people. and when you're raising campaign cash off of this in the middle of these negotiations, that doesn't strike people as good faith. neil: so then, so for those six

mt. end who voted present -- in the end who voted present, congresswoman, they're still going to be the keeping the pressure on kevin mccarthy. any one of them, you yourself can recall him if you want. so the argument is that he got the gavel, but he is probably weakest speaker going in in american history. what do you think? >> you know, i think accountability's important, and i think that that rules package, if we can get it across the finish line come monday, i'll make kevin a better speaker. it'll make us better as members. and that's why i say these aren't concessions, these are wins. these are things that we negotiated as a conference eight weeks ago. so i think that we have to be the diligent in debunking the narrative that this has been over big ticket items like cutting spending. that's not true. there were some finer points about getting freedom caucus seats on certain committees that that came up in the 11th hour, things like that. that's good, because diversity

of thought is a good thing. and i think this is reflecting the will of the american people, what we ended up with in the end. and there's a lot of great people that were negotiating in good feint. my friend, chip roy, he was astep ed the hand through this all -- a steady hand through this all to get these wins across the finish line as were some other members of the conference. so just feeding into the democratic narrative that republicans will not be united. we are united, and that is the greatest weapon we have against biden and the radical left. neil: all right. we'll see how it all sorts out. congresswoman, i'm glad to call you that. certainly not an elect, i haven't hyphenated you. thank you very much, happy new year. >> happy new year. thanks so much, neil. neil: all right. bernie marcus was watching this closely, of course, he was the cofounder of home depot. i think he did okay for himself in the 1970s when he and some buddies came up with that. he's kind enough to join us right now.

bernie, always good to see you. calm returns to washington, we're told. i'm not so sure. a lot of people looked at this and said it was, you know, ca book with key theater and all of that -- kabooky theater. what do you think of the back and forth and how it went? >> well, i think i agree with you, neil. this is going to be a very weak majority leader. i don't see how he's going do corral these people together. they don't seem to want to work together. nancy pelosi was able to deliver product whether it was right or wrong, but she was able to deliver it. i don't see where he has the power to do it. i'm watching this whole hinge from my standpoint and all my friends, everybody texting me and calling me and saying look at this fiasco going on. it is a fiasco. he is going to be a weak leader, which is not good for the republican party. and it's certainly not good for bringing back the economy or

taking care of all these issues that are coming up, the budget, the border, inflation. you have to act as one. and you're going to have people, one or two or three, that have their own mind, and then you have to worry about this one who's going to come up and say i want to oust you as the leader of the house. and there'll be a vote on it, and we'll go through this same thing again. i would say this is not a way to run a business. neil: you know, bernie, another thing too i know wall street, and we had a big runup in the dow yesterday, up over 700 points. a lot of that with optimism, we got a jobs report that showed the job growth is slowing, but with it so are wages. maybe the federal reserve doesn't hike rates as much. i don't want to get sidetracked on that, but wall street also welcomes gridlock, and we're going to have gridlock in washington. i guess we didn't appreciate we'd have it within the

republican party itself within the house, so how is that political backdrop for you and business right now? >> well, first of all, the economy doesn't look good. i understand that up employment is down -- unemployment is down, but we have so many people out of the work force that it's causing havoc. you know, job creators network, which i created, had put out a report, they did the a survey and over 60% of small businesseo remember, neil, 70% of the businesses out there the are small businesses. these are pizza places, laundromat, barbershops, all of these people are really struggling. they can't find people to work, and many of hem feel they're not going to survive. so it's a serious matter, and we still have inflation looking us in the face.

the american consumer hasn't caught up. their wages haven't caught up to inflation. and i don't know what the democrats see, i don't understand what biden sees. he's got rose-colored glasses or something, you know? and i mow when he -- i know when he goes to the border tomorrow, he probably is not going to see what everybody else -- it'll be sanitized. it'll be beautiful, they'll clean the streets, they'll get the people off the streets. they won't be covering and freezing to death the way they are now. so he sees a different world. the world i see is not a happy world right now. i just is hope that we don't have a depression. there's a possibility. it's beyond me. but the numbers don't look good, and businesses don't look good generally. small businesses especially are getting killed. they're getting hammered as are

the minority businesses as well. neil: you know, bernie, a lot of people come back at you and say, well, we've had steady job growth that might be slowing from where it was, you know, we still have packed airplanes. sometimes too packed and we have the problem we just went through. hotels and theaters are booked solid, restaurants are booked. what's bernie marcus talking about. what do you say to that? if -- >> well, what i'm talking about is small business owner who can't find people to work. he's working double, triple hours. he's got the whole family working. and when he hires somebody and he finds somebody, if they stay with him, he's got to pay them an enormous am of money, and he's -- amount of money, and he invariably ends up not making money himself. he can't stay in business under those conditions, and, you know, i try to put myself in his eyes. i was a small businessman at one

time, and i know how difficult it is. but today when you have 10 million people who are out of the work force, that's 10 million people, that's almost unbelievable. so the small business guy, where's he going to get somebody to deliver? where's he going to get the waiter? where's somebody in a a small laundry going to have somebody to wait on customers? it's not happening. and, you know, if they go out of business, jobs disappear altogether, and we're in bad shape. and as i've said, people are used to not working. they're getting paid so much money, and this democratic administration has given them enough money, so why work? it doesn't pay. neil: yeah. and a lot of people think maybe that's what's sustaining this. we'll watch it closely. bernie, always a pleasure and an

honor to see you. bernie marcus founded a company in the middle of the carter recession, if you think about it, home depot, and the rest is history. he kicks a few fannies in the process. we'll be taking a look at what's at stake when the president goes to the border tomorrow. bernie marcus has his doubts, should you? we're there after this. ♪ ♪ a bunch of dead guys made up work, way back when. ♪ ♪ it's our turn now we'll make it up again. ♪ ♪ we'll build freelance teams with more agility. ♪ ♪ the old way of working is deader than me. ♪ ♪ we'll scale up, and we'll scale down ♪ ♪ before you're six feet underground. ♪ ♪ yes, this is how, this is how we work now. ♪ ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life

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>> i'm glad the president is actually traveling to the border for the first time in his presidency after 5 million people have crossed illegally and 100,000 people died because of fentanyl coming primarily from china into mexico. you have to question the timing of this. juxtaposing this trip versus what's happening right now from

where i stand in the congress, in the house with the chaos that's going on. i think he's trying to juxtapose it, but he hasn't done anything to secure the border. neil: you know what's interesting about that and congress congressman mccall talking about that, he said that the president was taking advantage of that vacuum where he had the microphone, so to speak. republicans were squabbling amongst themselves and that this whole visit to the border that the president has planned for tomorrow is born of that confusion on the house floor. lucas tomlinson on what we can expect from the president, he's at the white house. >> reporter: that's right, neil. what a coincidence, right? recall just a month ago peter doocy asking president biden why he wasn't going to the southern border on a visit to arizona. the president said he had more important things going on, now a different tune from the president. >> the most extreme republicans continue to demagogue issue and

reject solutions. i'm left with only one choice, to act on my own, do as much as i can on my own to try to change the atmosphere. >> reporter: ahead of his trip to el paso and the border tomorrow and mexico on monday, president biden outlining new plans at the white house to crack down the on migrants crossing the border illegally, expanding asylum restrictions which drew the ire from human rights groups and even from some in his own party. new parole program from the white house would block migrants from cuba, nicaragua, venezuela and haiti from crossing the border without proper authorization, something they will have the chance to apply for, up to 30,000, in fact, per month from those four countries i just mentioned. they'll be given the chance to come legally each month. texas governor greg abbott says not enough is being done and took this shot at biden's dhs chief. >> i gotta go back and clarify what mayorkas was saying, because he knows he's lying to americans. and americans know that he's

lying. because under joe biden just in the past year alone we've had a record number of people cross the border illegally. that border is open because of the biden administration. we've had about as many people cross the border illegally in the past year alone as we have residents of houston, texas. >> reporter: and just a quick fact check, neil, there's over 2 the.2 million people living in houston, the same number of migrants arrested trying to cross the southern border illegally last year. neil: lucas tomlinson at the white house. want to go to a doctor who was so concerned about the health imimpact of what he was dealing with right now, ran for mayor of laredo, texas, newly-elected, so congratulations, mayor. good to have you. >> thank you very much. thank you for having me. neil: first off, are you going to meet with the president when he comes to el paso? >> we're down here in laredo, texas, 600 miles away from el

paso, and as a border mayor, we would invite president biden to come and visit us. this is an area that also needs to be visited and needs attention. so we would invite him. every border, i think, is susceptible to being overwhelmed by migrants -- neil: right. >> so we have this situation here that further impacts us. neil: yeah. one of the interesting things with you, doctor, is you were talking about these migrants and how they were straining the health care system just around you, and i'm sure it applies across the sate. tell us a little bit about that and what you want to see maybe out of the president. >> we have to understand that we're medically underserved, and we saw this during the pandemic. i was a former health authority during the pandemic when we were hit hard here in laredo. and because of this lack of resources, medical resources, we need more availability of resources to be able to

withstand any influx of a great amount of migrants. so this is important and needs to be discussed with the federal government and president biden. neil: so far it is not among the issues being discussed. i'm sure that worries you. there are a lot of concerns as well that the president's visit tomorrow rial won't address a lot of -- really won't address a lot of these issues and the migrant surge continues. he's trying to police the numbers that come in and the asylum cases that are herald. do you think things will get better after after this visit? >> it's a step forward, but we have to do a lot more. being the largest land port here in the united states, i think we have to get more attention to us because this is an important if commerce area, and it can't be just not looked at. because the influx of migrants in this amount will overwhelm us. we want to be humanitarian also, but we also need help to accomplish this. neil: all right. we'll see what happens.

doctor, mayor, congratulations. saw a problem as a doctor, wanted to fix it, ran for mayor, won. now he's in the hot seat, so to say. mayor, thank you again. in the meantime, we are focusing on other developments including the fact that bryan kohberger now making his first court appearance many idaho. of course, those student murders coming to light. ted williams discovered some rather disturbing trends here, and he wants to see them addressed. so far they're not. he's coming up. pleasure to be clear, we have never been accused of being flashy, sexy or lit. may i? we're definitely not lit. i mean seriously, we named ourselves booking.com which is kind of lit if we are talking... literal... ha ha. it's why we're planet earth's number one site for booking accommodation. we love booking stuff! and we're just here to help you make the best of your vacation. ow... hi... booking.com booking.yeah

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neil: you know, we're getting a lot more start thing defails right now on -- details on why and how it was authorities seized on bryan kohberger as the culprit and maybe the mastermind behind these four murders in idaho about seven weeks ago including in his first court appearance reports right now that the suspect's dna was found on the knife sheath left at the house tied again to bryan kohberger. ted williams is out there right now in moscow, idaho, following all of this very, very closely and is trying to connect the dots as only he can. ted, there's a lot of curious stuff that connects kohberger to these killings. we don't know, you know, whether that's universally the case, but what are you learning, what intrigues you? enter well, you know, neil, good morning, e e my friend. i can tell you we have some

chilling new details from newly released court documents. we know that on the morning of november 13th in the rear of this house bryan kohberger entered through a back door. he was first met and and encountered by ethan and xani. he wound up killing hem, stabbing them to death. then he went up to the third floor where maddie and kaylee were sleeping, and he wound up stabbing hem to death. he had -- them to death. he had a tan sheath that he left at the body of madison. he came back down the stairs, and it was at that time, neil, that he was confronted by one of the students who survived in the carnage. she says that she saw a man dressed in black with a face a mask and that she stood frozen, and he said something, don't worry, i'm here to help you.

and then he went out that back door, and he left the area. and, neil, what we've learned from the documents is that he at one time or another returned to this area. but i can tell you there was good police work in catching this guy. because what happened is that on november the 25th they put an all points bulletin out to law enforcement. a washington state police officer in pullman, washington, saw a white vehicle that they were looking for and alert ared them -- alerted them. and as a result of them looking at that white vehicle, they were laser focused on bryan kohberger. i stand to be corrected. they wound up following him across country to pennsylvania, to his home. hay got dna, and they were -- they got dna, and they were able to get, to show that that d dna was also left on the knife

sheath that was left by the body of one of the students. neil, they have a very, very tight case. and one of the things they were able to show is that, as i said, he returned, neil, to crime scene after he murdered these four students. neil: you have always reminded me in our many discussions on these type of incidences, that's often something not just the stuff of tv, you know, series where the murderer returns to the scene or goes back to the scene. why is that? >> you know, neil, it's hard to explain, and sociologists and psychiatrists is studied this for centuries -- have studied this for centuries where even in fires where someone sets a fire, at some stage or another they will go back to the scene. this is unexplained. just, neil, as the motive in

this is unexplained. the law enforcement out here told us that someone was targeted, neil. we still don't know who was the target. but when i put this together, i thought about the fact that if xana and ethan were the target, there would have been no reason to go to the third floor. but he did go to the third floor and kill those two students on the third floor, so, therefore, it's more likely than not one of those students on the third floor was, in fact, the target. neil: so we know potential dna that the ties him to one of the victims, to all four of the victims then or what are we learning? >> well, from what i have been told from one of my sources that there's a great deal of dna that has not been released, and it is my belief that they're going to release additional d the na that will show -- dn if a that will show that he is, in fact, the

one who stabbed these students to death. there is no -- beyond any reasonable doubt. neil: there was that infamous traffic stop. what do we know about that where we're learning, you know, that bryan kohberger and his dad were in the car, what were police doing there, what did they suspect? what was the reason for the stop in the first place? >> well, the stop, from what we was told, is that authorities are here in idaho can asked the indiana state police to make that stop, and hay made two stops -- they made go stops. they were looking at his hands. and, neil, that's something that i was somewhat troubled by and that is i thought they should have got a warrant right away, a body warrant, to do an examination of his body because we know that some of these students fought back. and as a result of that, there may have been some evidence that they could have found on his body as they were putting this case together. neil: so that might have been

just -- i'm not calling it curiosity the search, but that that was meant to sort of lead to a follow-up apprehension, right? >> absolutely. what we found in this case, neil, is law enforcement did the an extraordinarily good job of keeping everything close to their vest, and they put together this case very well. we also know that kohberger, who had pennsylvania tags, went and got right after these murders tags of washington state. so there was a lot that was going on behind the scene that we did not know about and quite naturally the public doesn't always know everything that law enforcement is doing. but in this instance, law enforcement appeared to have been moving at a slow pace, and the public and the families were with very frustrated because they wanted somebody brought to justice. and now we have bryan kohberger

who has been brought to justice. neil: all right. ted, i'm sorry, there, great reporting, my friend. you've been on top of this like nobody else. keep us posted on the other revelations. we've got the right guy out there. we appreciate that. by the way, kaylee's family members' attorney will be joining us a little bit later on these fast moving developments. speaking of fast moving developments, we're learning right now that this new republican congress now under the power of kevin mccarthy as the speaker, one of the first initiatives we're old that they're going to make is to cap spending for the next fiscal year at last year's levels. so, in other words, at this year's fiscal year levels. now, that depends on the eye of the beholder, that's not really a shocker or even a fox news alert, but democrats don't like it because it really represents a cut that if you include inflation and population into account, you are really cutting

that spending, and chuck schumer has said among others that that would be a no-no. but it looks like at least for this congress or at least the republican congress, thin a margin as it is, it's going to be a yes-yes for them and a high, high priority for them. stay with us. you are watching "cavuto live." if you're a veteran and own your home, you've got a big leg up. it's your va home loan benefit. it lets you borrow up to a full 100% of your home's value. with home values near record highs, the newday 100 va loan can get you an average of $60,000. and you can lower your payments by $600 a month. pay down your high-rate credit card debt, personal loans, car loans. best of all, there are absolutely no upfront out-of-pocket costs with this loan. rest easy, knowing you'll have cash in the bank during these unpredictable times. remember, your va benefit never expires.

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because of you, we're happy and i know it. thank you. thank you. thank you. thank you. please call or go online right now to give. if operators are busy, please wait patiently. or go to loveshriners.org right away. neil: you know what is amazing about this, it hasn't even been a week, five days really, since whole damar hamlin what looked like a tragedy at the first, now we're told the buffalo bills are sharing some very positive news on his condition. and when the buffalo bills play this weekend, they're going to be wearing his number, number 3 jersey. david lee miller on this incredible turn-around. david lee. >> reporter: neil, buffalo bills' safety damar hamlin is breathing on his own.

earlier week he was placed on a ventilator after suffering cardiac arrest while playing against the cincinnati bengals. hamlin is now awake, alert and talking to his family and health care providers. he even facetimed into a bills' team meeting. >> to, to see the players' reaction, they stood up right away and clapped for him and, you know, yelled some things to him. it was a pretty, pretty cool exchange. >> reporter: bills' defensive tackle dawkins described the last few days as an emotional roller coaster and the relief of seeing his teammate on the mend. >> the excitement was beautiful. it was amazing. it has given us so much energy, so much, you know, bright, high spirits. whatever you want to call it, it has given it to us, to see that boy's face, to see him smile, see him go like this in the camera. >> reporter: doctors say hamlin is moving his hands and feet and does not show any signs of head drama. -- trauma.

roger goodell says medical personnel on the field likely saved hamlin's life and is moved by outpouring of support. >> prayers flowed from every team and all corners of the country, and you saw this incredible nationwide concern for damar and a charitable drive in which nearly a quarter of a million people have donated nearly $8 million. i'm grateful for it and humbled by all who played a role. >> reporter: the nfl has decided that the game that was suspended because of hamlin's injury will not be rescheduled. team owners on friday came up with alternative plans for the playoffs to address potential inequities arising from the cancellation. final plans will be based on the outcome of games scheduled for sunday. neil: david lee miller, thank you for that. we're learning that whole meltdown with southwest is going to cost the carrier up to $825 million. too little, too late though for the thousands of stranded

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♪ neil: all right, you know, in the course of about 11 days, southwest had to cancel 16,000 flights, you know, over what was a series of errors, some weather delays, some that went way beyond weather. and it's going to cost the carrier at least $825 million. that's an initial estimate. and now it's pacing what could be a whole -- facing what could be a whole lot of lawsuits from a whole lot of angry passengers who say that they were abandoned. with us right now is a lawyer representing two of those flyers who are suing southwest saying the airline did nothing for

them. alex, it's very good to have you, thanks for coming. >> pleasure. thank you for having me. neil: now, tell me a little bit about the two you're representing now, it could be a whole lot more later. what's the gist of the argument? >> well, the gist of the argument is that my two clients, unfortunately, booked travel that southwest was unable to accomplish, and they maintain that southwest knew or should have reasonably known were not able to accomplish. both of my clients live in san diego and, and our office has been contacted by hundreds of individuals throughout the country who suffered very similar harms. and that's the reason why our law firm filed this case as a nationwide class action lawsuit, to seek justice not just for our clients, but our clients are seeking justice for all of those that suffered similar harm during this meltdown of 2022 and now 2023. neil: now, i believe there are laws in effect, correct me if

i'm wrong, alex, that airlines have to compensate you for something like this or at least lead you in the right direction. did southwest not do that? >> we don't believe they have done that. currently, we are being told that they are providing their rapid rewards points to individuals. we don't believe providing points -- neil: yeah, 25,000 points, whatever that is, yeah. >> exactly. so they're basically telling people we're really sorry, here's some points to fly us again. and, by the way, you need to spend more money to buy more points in order to get home, because 25,000 points is not sufficient for most round trip tickets. so we find it sort of insult to injury in this case, and it's totally inadequate. neil: we did reach out, alex, to southwest, we got this statement: there are several high priority efforts underway to do right by our customers including processing refunds and reimbursing customers for expenses incurred as a result of

the irregular operations. it sounds like at least the two the initial clients you're representing and maybe a lot more to come is that they did not do that, and and they did not offer them help when they needed it. >> that's absolutely correct. i have people calling me from all over the country waiting on hold for five hours, waiting on hold for four hours only to be disconnect canned, not getting anywhere with anyone. this is the real problem, is a lack of customer service on the part of southwest. to take care of their customers. neil: how, how big a deal do you think this will be? do you anticipate hundreds in the class action lawsuit? if thousands? >> -- thousands? >> well, according to our math, there were 15,000 flights that were canceled, a boeing 737 carries 175 passengers with 15,000 canceled flights, you have 1.8 million affected passengers. neil: wow. >> so there's significant exposure here to southwest airlines. i think it's also important to

note is southwest airlines went true this issue back -- through this issue back in 2021 with the columbus day meltdown where they suffered $75 million in damages. now we're at 10x -- neil: they did not learn from that. we'll watch it closely. alex, thank you very much is. again, southwest saying it's doing its part but with we'll have more after this. sprinkler on. and now i'm sending mixed signals... to your garage. but, if you haven't bundled your home and auto, unpacking this isn't going to be too much fun. so get allstate. ♪ ♪ mom! mom! ... creamy, delicious fage total yogurt. ♪ ♪ a bunch of dead guys made up work, way back when. ♪ ♪ it's our turn now we'll make it up again. ♪

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[bell] >> i rise today to nominate the gentleman from california, kevin mccarthy to the house. >> the position of speaker of the house of representatives, hakeem jeffries. >> and place the name of my friend from arizona, andy biggs for speaker of the house.