are breathing again. god had a different plan for damar and we're seeing it now. it was a miracle. who are your two teams that play in glendale, arizona in february in the super bowl? >> philadelphia and the bills. >> bill: shocker there. jim, thanks, my best to you and your family in buffalo. jim kelly, thanks for being here. >> thanks and god bless. >> bill: thank you. >> dana: fox news alert. the husband of a missing massachusetts mother is due in court this morning after his arrest yesterday. welcome to a new hour of "america's newsroom," i'm dana perino. >> bill: i'm bill hemmer. good morning partner. how are you doing? brian walshe was arrested. his wife has been missing since new year's day and last seen by a family member at her home early that morning. she was supposed to board a flight to washington but apparently never made that

plane. >> if she didn't get to the flight that probably most likely she will be found, if she is deceased, she will be found within a distance that it takes to drive to the airport. she will be somewhere in that distance. >> bill: south of boston we have molly line on steer with the latest on this investigation. good morning. >> good morning. that's right. the husband of this missing mom ana walshe is expected to be arraigned in the morning session at the district court charged with misleading a police investigation. cohasset, massachusetts police taking 46-year-old brian walshe into custody yesterday as investigators scour the home inside and out for clues in his wife's disappearance. he has been in trouble with the law before pleading guilty in 2021 to federal charges stemming from the sale of two fake andy warhol paintings. convicted person was awaiting sentencing. the mother of three young boys

disappeared more than a week ago new year's day. investigators were told a family member last saw her in the early morning hours between 4:00 a.m. and 5:00 a.m. as she went to logan airport for a flight to washington, d.c. where she owned a second home and worked during the week for an international real estate firm. police say there is no indication that ride share vehicle ever came. in evidence ana walshe arrived at the airport and no record of her boarding a flight. no activity on her phone or credit cards since her disappearance. her husband did not report her missing until january 4th. that's the same day her d.c. employer raised alarm bells. in recent days investigators scoured streams and wooded areas and used dogs and drained a swimming pool at the family home. the search has yielded negative results. initially as police announced they were looking for anna they described her husband as

cooperative. police developed probable cause to believe her husband, had committed the crime of misleading police investigators. the district attorney's office notes additional facts may or may not be released a little later on this morning. we're awaiting the arraignment now. >> bill: thanks, molly line. the mystery continues. former f.b.i. assistant director chris swecker will join ounce that and more. stand by. >> dana: over the weekend president biden made his first trip to the southern border. amid criticism he is not doing enough to curb the migrant crisis there. want to bring in our panel. guy benson and jessica tarlov. wonderful to have you both. last hour we had the lieutenant governor of texas on. you can imagine they're frustrated. a lot of state resources have had to go to pay for what should be a federal expense. here is him talking about mayokas a moment ago. >> i thought mayokas said the border was secure?

apparently he knows the cartels are pushing people across at $6 thousand or more per head. i guess mayokas doesn't know what he is talking about or been lying to us all this time. >> dana: guy, one of the things the white house was dealing with for two years why hasn't president biden gone to the border and now they can say he went to the border. so what's the follow up question? >> that's a good point because you might look at this if you are cynical as a box checking exercise. i think you can have two thoughts in your mind at the same time. you can say people have been calling for president biden to go to the border really for the first time ever, right? the white house said he drove near the border 15 years ago or something. it doesn't count. people are calling for him to go there and see his handiwork. he is responsible for this disaster and i think those of us who have said that should be pleased that he went. there is a chance he actually learned something. we'll probably learn whether that was internalized in the next days beyond but you can say

it was far too little too late. what matters ultimately is the p policy. biden talked about needing more resources. he can't completely solve but he can help with a few strokes of a pen. he won't do it for political reasons. he put on a show of finally pretending to care about something that is a national disgrace. >> bill: the issue for him now trying to find a solution, you are 24 months down the road. the problem is much worse than before he came to office. jessica. the mexican officials aren't happy with it. democratic advocates aren't happy. republicans are fed up. did he do more than just check the box? >> i think so. there is value in box checking. it matters to say to people i heard you. i showed up at this place and i get it, it happened to be a day where there were no migrants around which seems a little

strange since they are streaming across constantly but he went. he was talking with border patrol agents, the ones on the ground dealing with this. and i've never accepted the idea he doesn't care about this thing. it wasn't his number one priority but i don't think anyone who sees the humanitarian crisis and the 52 migrants who died in the truck overheated over the summer and they baked to death would say they don't care. republicans have to hold onto this issue. they will never say it was good enough. this is something that works for them as political capital. >> bill: how could it be good enough? if 2 million apprehensions in 12 months. who will accept that? >> i mean, the fact that he has put out a real plan that came out last week. a plan with points. something that has aggravated the mexican government and telling people you have mayokas now on tape, biden on tape saying do not come here. it was something that people wanted for it to be clear.

when folks show up wearing biden/harris t-shirts they weren't told the border is open and you can come here. we'll see what comes of it. to flip your hand up and say nothing is good enough. >> dana: we'll see. one last thing quickly. the colorado governor was going to send migrants where they wanted to go. new york and chicago. people want to be with their families. those mayors of the cities went to the democratic governor of colorado and said we can't handle it. he will pull those back and said people fleeing violence and oppression in search of a better lives for themselves and families deserve our respect not political games. we're grateful we can assist migrants to reach their final destination. we refuse to keep people against their will if they desire to move. you have democrats wrestling with the problems. >> part of the reason the president felt compelled to go. it is not a partisan hit. they can't frame it like that at

the white house. democrats squabbling amongst themselves. sanctuary cities should have to deal with the consequences of the policy they support bust they don't really want to. they want to have their cake and eat it too with posturing. with all due respect to jessica if president biden actually cares about the catastrophe at the border the last two years, if he cared it has been a private caring. there hasn't been any public evidence that he has cared at all until he went down there yesterday. >> you don't have to say everything you're thinking. >> when people are dying and the country is -- >> i'm not making light of the crisis just get out of having to address that. that's a good point. love jared polis, one of the bright young stars of the democratic party. what light foot and adams said. people are saying they want to come to the places and they have ties to the community and they do not. that's the criteria how people can move on. they should stay in colorado,

though. >> my mom spent five hours at a synagogue going through donated clothing. a lot of migrants don't have a coat and it is cold in colorado. >> bill: jessica and guy, thank you. unfortunately we'll be talking about this for a while again and again. nine past the hour. there are three fairfax county, virginia high schools talking to angry parents after failing to distribute merit scholar is awards before the students applied for college. mike, what's new? >> good morning. over the weekend parents at too fairfax county, virginia were told their students were merit scholars. one wrote i must apologize that certificates were not distributed to these langley high school students in the usual way this past fall and deeply sorry for this mistake. parents at langley high school

say they're upset. >> it's been in the news. there are so many questions and this isn't the first time we've seen that our high school along with our school board is pushing something that seems like a political agenda at the expense of our kids. >> then saturday night after 8:30 p.m. a principal at westfield high school wrote to students and families quote it has come to light that westfield high school students designated as commended students this past fall were also not notified by the school. this comes after virginia officials have opened an investigation into what happened at thomas jefferson high school for signs and technology. critics say academic honors were withheld in the name of equity. >> this is so unamerican and ultimately we'll find out what's going on is not only unethical and immoral but illegal. >> one frustrated father told me his child is waiting to hear from a range of colleges and universities but wasn't able to

tell them in the applications that he is a national merit scholar, bill. >> bill: thanks, more the come on that story as well. >> dana: you may remember the story of a fraudulent gofundme page claimed to set up to help a homeless veteran. remember that? the woman who orchestrated the scheme learned her punishment. >> bill: ukraine's military saying two people are dead in a strike at the village in the eastern region. we're live in ukraine on that coming up next and also this. >> focused on winning and helping each other. the main focus is helping our brave defenders and doing everything possible to win. here's the new charmin ultra strong. ahhh! my bottom's been saved! with its diamond weave texture, charmin ultra strong cleans better with fewer sheets and less effort. enjoy the go with charmin. ♪ for skin as alive as you are... don't settle for silver. harness the power of 7 moisturizers & 3 vitamins

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>> bill: a woman in new jersey has been sentenced to three years in jail after pleading guilty to a gofundme scam page

that raised more than $4 hundred thousand online. she is 32. her name is caitlin, started the scam in 2017 with her boyfriend, mark. who took a photo of her and a homeless man in philadelphia detailed how the man spent his last $20 to help her after she ran out of gas. the couple then started a gofundme page supposedly raised funds for the homeless man. but they then spent much of that money on a lavish lifestyle. he is serving five years already in state prison. both he and the woman have been ordered to reimburse gofundme. we reported on that and now a verdict. >> dana: greg gutfeld has a scam radar, he called it early on. he said something is fishy here and he was right. why you have to watch the "the five." you never know what you'll find out.

the russian cease-fire ends with no signs of fighting slowing down. at least two people were killed in a strike on the village's eastern region of kharkiv today. alex hogan has the latest. >> the latest dead lie attack taking place this morning at a market in the eastern kharkiv region. rescue team managed to save a little girl covered in blood. two women are dead and several others have been wounded. over the weekend, a day after russia's declared holiday cease-fire which ukraine rejected russia claimed to kill 600 ukraine soldiers in an attack. ukraine denied the numbers and no evidence at the scene of casualties. recently russia has been moving for troops and equipment to belarus. sat down with a top ukrainian official who tells me they are watching this closely. >> russia is not ready to go on the offensive from belarus

today. the numbers aren't there. >> what can you tell us about the attacks that took place in russia recently. >> everything that happens in the russian federation has nothing to do with official actions of the ukrainian side. we won't enter russian territory. we just need to liberate ours. >> what will happen that other countries say they can't afford to give money or weapons to ukraine. >> countries won't say for for sure because we've passed the point of no return. a question for everyone. >> i also asked him about what he thinks his government should have done better in the last year at war. he says in hindsight ukraine should have been more aggressive on the world stage about communicating the threat of russia before the war broke out. >> dana: we have a lot of time to look backwards. that's a good question. >> bill: let's bring in jack keane. how are you? thank you for your time. what struck me over the weekend

was senator angus king just in kiev talking on the sunday shows about trench warfare in ukraine's east. listen here. >> they are being pummeled, two mild a word in terms of their energy infrastructure. air defense is part. patriot missiles but also what is going on in the east is trench warfare, almost world war i. it is horrible. the armored vehicles are designed to deal with it. >> bill: your reaction. we granted them at the end of last week bradley fighting vehicles to help. the brits are giving the leopard ii tank as well. they want tanks. what is happening now? >> well, bill, yes. that's a very decisive part of the what is coming in 2023. ukraine stopped the russians from taking the capital city and retook terrain in 2022. what we have in front of us

here. i think putin committed himself to a protracted war. he is digging in as you just mentioned in the region. it is open terrain. you have to dig into the terrain and build trenches. ukrainians have a huge opportunity here to seize the initiative and retake territory and actually defeat russia. we don't know if they can for sure. that's a fact. but we do know they've proven themselves in the past and what they want in addition to what is being given and what the biden administration has given them is commendable. i spent a couple of hours with the ambassador and the major general from the ukrainian embassy in d.c. last week and what they really need in addition to that is they need tanks. tanks penetrate defenses. the infantry vehicles help but

they're not penetrators themselves. give them abrams tanks which will release the germans to give them a huge amount of leopard tanks. the appear rams tanks are challenging. give them some. the germans will follow the americans' lead and they need long-range missiles. they go 190 miles. let them take down the bases that are supporting the russians inside of crimea. that's ukraine territory. advance drones as well. if they are going to have a successful offensive campaign to defeat the russians this year, which i believe they have the capability to do in terms of their determination, skill sets and the leadership and morale that they have. they need additional offensive capability to do that. and that is going to be decisive if we give it to them. >> bill: back on the map i want to point something out to our viewers. if you look at donetsk and

luhansk there is a town in between them and it is critical to the russian offensive and there is a stand-off in that town. a different part of the world i want the talk about this. could be significant. taiwan announces a mandatory military service for men over the age of 18. what does that tell us from here? >> it's a reflection of the war in ukraine. they see what's happening there and they recognize they could be next. certainly they are moving from four months conscription to a year conscription. what they tried to do is develop a volunteer military like the united states. they couldn't do it. they are committing to this and stepping up. they have wide support in doing this. that support is coming from the fact of russia's aggression in ukraine. certainly what happened in hong kong the way the prc took that

nation down, that city state down was pretty horrific. so the ukrainians -- taiwanese are stepping up themselves. we have to give them the arms. we still have a $19 billion backlog in equipment that the taiwanese are paying for themselves. we can't seem to break this obstacle and get it to them. we're starting to do some better training with them. we have to do exercises with them and we have to create a deter theent so china looks at it and the military is not encouraged to take taiwan because they know that they can deal with the taiwanese and the americans won't be able to get there in time. we've got to make sure in their mind they look at it and see im posed cost. this is going to be very difficult and the outcome is not predictable. that's the conclusion we want and that's what is called deterrents. we have some real work to do to

get to that point. >> bill: jack keane. we'll talk later in the week again. thank you. >> dana: the fda fast tracking approval for a new alzheimer's drug. did they break their own rules to get it done? the disappearance of a young mother in massachusetts. >> every great homicide detective in massachusetts is watching this case. they are running the plays out of the homicide 101 playbook. they are calling it a missing person. you start to see a shift into criminal. to keep it together. now there's new theraflu flu relief with a max strength fever fighting formula. the right tool for long lasting flu symptom relief. hot beats flu. hey, man. you could save hundreds for safe driving with liberty mutual. they customize your car insurance... so you only pay for what you need! whoo! we gotta go again. only pay for what you need.

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the fda approved the new drug. they claim only, though, it quote may modestly slow the pace of doing anytive decline early on in the disease. fda is acknowledging it has major risks for patients. the manufacturer says, quote, accelerated approval of the drug was based on phase two data. here is where things get controversial. the fda acknowledges the drug exposes patients to the risk of brain swelling and brain bleeding. in a recent congressional investigation issued a scathing finding when it came to the fda's rushed approval process for another demeanings yeah drug. it accuses biogen of colluding with the fda in highly atypical and deviated from fda guidance and procedures in significant respects. the fda remained defensive

saying fda remains committed to the integrity of our drug approval process. it will continue to use the accelerated approval pathway. congress weighed in on biogen's decision to charge patients more than $50,000 a year for their drug. this investigation finds it was an injustifiably high price. the drug approved friday has a price tag of between $8500 and $20,600 a year depending on your insurance. while it has shown more promise in clinical trials than competitors alzheimer's experts are saying the medical evidence isn't clear whether it will make a noticeable difference to patients. >> dana: in massachusetts now there is an arraignment of brian walshe, the husband of ana walshe, the mother of three who vanished without a trace in massachusetts. here is what we know.

she left home between 4:00 and 5:00 a.m. new year's day supposed to get on a flight but never did. on january 4th, her husband and her employer both reported her missing. on january 6th, friday, police searched the woods near her home. later that day a fire broke out at a different house where she used to live. then yesterday authorities charged her husband with misleading police. here to talk about it is chris swecker, former f.b.i. assistant director. the arraignment happening right now. what we understood from molly line a little bit ago is that police decided they had probable cause that the husband was misleading them during the investigation. is that accurate? >> it appears to be based on what i just heard in the arraignment. the only information that the police have that she left on new year's day, basically, came from

the husband. she really didn't have a flight set until the 3rd and she wasn't reported missing by her husband at all -- her employer reported her missing. it appears that there was misinformation that was provided by the husband from the very start, which can certainly throw the investigation off. if she was missing on the first day, she wasn't going to not get in touch for three days as a mother of three days. >> dana: the timeline when she was supposedly leaving between 4:00 and 5:00 to get in a ride share and go to the airport. the car trip never happened and she never got on the flight. all this time passes until you find she is reported missing. the police apparently have searched the property of the walshes and so far we don't know too much. at this point at an arraignment like this what's the next step?

will the judge then say he can post bail? >> likely that the judge will set some bail. this is an overall scheme of things this is not a major charge but it is a felony. it is very clear that the police believe the husband is responsible for her disappearance. they searched around the house as you pointed out. that's an indication that they think something happened in and around that house. they were pretty dogged about that and then gave up the search. they are focused on the husband clearly. you will see this investigation pick up in intensity. the husband has a criminal record, by the way. for fraud. he is no stranger to law enforcement. >> dana: fraud. do we know what that was about? >> it was about selling art that he didn't own on internet. >> dana: let me give you a description in case anybody has

information. ana walshe age 39 last seen at her home in cohasset shortly after midnight new year's day. 5'2. , brown hair and brown eyes and olive completion and speaks with an eastern europey an accent. 781-383-1055 for information and extension of 6108 on that. with a description like that we have pictures of her that can be helpful in case anyone has seen her. tips come in and police start combing through those, is that right? >> they are looking for tips. all indications she didn't leave the house or at least when he said she did. police have information but i'm sure they can use a lot more. >> dana: we have a little bit

ago something that happened in the courtroom and we want to play for everybody. listen here. >> the investigation would determine that she actually had a plane ticket for january 3rd which she did not use and did show up at the airport nor her d.c. job or apartment in d.c. it was indicated that the defe defendant -- they checked -- police checked during the course of this investigation and not an uber or any kind of lyft that picked her up january 1st. in the course of the investigation it was determined that her cell phone pinged in the area of the house which is located -- her phone pinged on the 1 and 2 which after the defendant said she had left. additionally the defendant right now is on house arrest pending

sentencing in federal court. part of that probation and condition he needs to report his whereabouts if he leaves the house. he indicated as part of the investigation when police spoke with him that on january 1st he went to his mother's house. however, it took him a lot longer because he got lost going to his mother's house. he also indicated and stated to the police he went to whole foods and cvs. police did surveillance and checked. there was no surveillance or indication that he went to whole foods nor cvs. he indicated he purchased some items. there are no receipts for him having purchased them. he then returned home. surveillance was checked by several police during this time frame. these statements caused a lot of delay as part of the investigation. police were focusing on the north shore. the timeline indicateed

january 2nd that he was supposed to report in. the only time he left is he went to take his son for some ice cream. surveillance checked on the investigation indicated the defendant in fact on january 2nd sometime after 4:00 went to the home depot, and he is on surveillance at that time purchasing $450 worth of cleaning supplies. that would include mops, bucket, drop cloths, as well as various kinds of tape. he is on surveillance at that time on january 2nd even though he said he never left the house. police obtained a search warrant and searched the house with crime scene services during that time they found blood in the basement. blood was found in the basement area as well as a knife that also contained some blood. >> could you repeat the last

statement? >> in the basement crime scene services recovered and found blood in the basement area in a section of the basement. there was also a knife that was found on the knife there was also blood. and part of the knife was damaged. your honor, these statements caused a delay in the investigation that during the time frame when he didn't report his wife and gave various statements allowed him time to either clean up or dispose of evidence, and causing a delay. as of this time ana walshe has not been found. because of that the commonwealth is asking $5 hundred thousand cash bail. at this time these are the charges. >> good morning. >> dana: we have just been listening to this arraignment in massachusetts, chris swecker, former f.b.i. is still with us. he is no longer with us. let me catch you up here. ana walshe was last scene just

after midnight on january 1st. she never went on the flight. the husband and employer reported her missing not until the 4th. in the meantime what the lawyer was just saying there, bill, is that the police had reason to believe he was misleading them because he was saying he had never left the house. turns out he had left the house. he had been at home depot and they know what he purchased, clean supplies, mops and tape and things like that. he was not supposed to leave the house because he is waiting sentencing in another situation that he had himself in in terms of art fraud as chris swecker explained. they set the bail at $5 hundred thousand cash bail. the other thing that was of note is that even though he said she was supposed to have left to go on this ride share to go back to washington, d.c. to her job at 4:00 and 5:00 a.m., that her phone actually pinged later that

day and on january 2nd in the home. so that's why -- >> bill: kind of interesting. apparently she did not have a digital footprint for phone hasw year's day. some of that has changed today. we'll see whether or not things play out. he is 46 and he was in -- he pleaded guilty last year after -- no, 2021 after arrested for selling two fake andy warhol paintings for $80,000. right now his wife is mention. >> dana: he has to post $5 hundred thousand cash bail if he is to get out of jail. that was a arraignment. we'll continue to follow the story. in new york city thousands of nurses on strike in response to stalled contract negotiations. lydia hu of fox business live outside mount sinai hospital in new york city. tell us more, lydia.

>> good morning, dana. there are about 7,000 nurses that have left the bedside and taken to the sidewalks in protest starting this morning across two hospital systems in new york stechlt outside the mount sinai hospital system. thousands of nurses line the sidewalks right here. this happened after labor negotiations broke apart around 1:00 a.m. this morning. this follows after four months of talks. the union representing the nurses says the sticking points right now are staffing shortages and nurse to patient ratios. >> nurse to patient ratios are very unsafe. double the amount of pash interests regulated in any standard hospital and we're spread so thin and it is scary to have eight patients when you are only supposed to have four. >> as these nurses take to the sidewalk, the hospitals have been forced to adjust patient care right now. the mount sinai hospital says

they have had to move some of their most vulnerable patients and pushed off some elective and heart surgeries and had to help cancer patients find other locations for treatment. at a medical center in the bronx they're rescheduling surgeries and procedures and postponing outpatient appointment, too. the strike happens even as hospitals tell us they have offered nurses a 19% raise to be paid out over the next three years. this is just day one of the strike, we're told. there are no negotiations scheduled for today. dana, back to you. >> dana: thank you, lydia. >> bill: you need the nurses. president biden making his first trip to the border yesterday. critics calling out the administration for focusing more on the camera than the crisis. lieutenant governor dan patrick with us last hour teed it up this way. check it out. >> this president doesn't want

to know what's going on. they cleaned up and sanitized el paso before he got there. this was just another tour stop. everything he does is opposite of what he says. if you really think about it, yesterday he didn't say anything about securing the border. >> bill: the chairman of the texas border coalition met with the president yesterday. thank you for your time. >> good morning. >> bill: we have a picture of you with the president. what was the conversation about? >> yeah, very happy the president made it out here to el paso. very thankful for his administration for providing resources. i talked to him exactly about that. making sure that we continue to be made whole. the county and city but also that we concentrate on supporting the ngos. the folks are the ones getting us through this humanitarian crisis and doing it. lots of them are volunteers and they really haven't received a lot of support from the federal

government. so that was about the gist of the conversation i had with the president yesterday. >> dana: when you talk about resources you need funding in order to be able to buy what you need to help support them and did he say that he is able to provide that? can mayokas say we have extra funds at the department and send them down to you? >> you know, they've been really great up to this point at providing us resources for folks that have been processed. and we're looking for additional resources. those resources are for helping the shelter to feed, cloth and process folks to get folks on their way. the vast majority aren't staying in el paso. we need to continue that stream of funding but also we need to heave the ngos so they can continue their mission. >> bill: ultimately you have to stop the flow. if you don't stop the flow you can't get a handle on this.

>> right. i think the flow has definitely started to wane. it may be the results of the latest moves regarding title 42. however, that just shifts the humanitarian crisis to mexico and other countries. i am in disagreement with expanding title 42. i feel like it is a racist and xenophobe i can rule that was used by the trump administration and should not continue to be used by the biden administration to manage the border or manage immigration. we're just shifting the burden to other countries that probably don't have the same amount of resources. danger back into the hands of

the cartels and really fomenting their business. >> bill: you said you told him you need more resources. his quote was they need a lot of resources and we'll get it for them. if he has been watching this channel for two years you don't have to make a trip to the border to understand that. you can see it because the pictures have been there every day. >> sure. i do think that the president has a deep understanding of that. we have been in constant contact with his administration on a daily basis, you know, letting them know what they need and they have come through unlike prior administrations. that's a step forward, a step in the right direction. >> dana: you have a lot on your plate there and a lot of people to help. thank you for coming on our show and giving us your perspective. have a good day. >> thank you very much. >> dana: a new round of atmospheric river storms bringing rain and flooding to much of california. we'll go there next. should student athletes be considered paid employees?

that's the central question in the legal battle between a federal labor board and several major college sports leagues. the latest on that debate. ♪ this is going to be great. taking the shawl off. is he looking at my hairline? is plaque psoriasis making you rethink your everyday choices? otezla is a pill, not a cream or injection that can help people with plaque psoriasis achieve clearer skin. and no routine blood tests required. don't use if you're allergic to otezla. otezla can cause serious allergic reactions. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. doctors have been prescribing otezla for over 8 years.

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>> harris: what did president biden and the governor of texas talk about? his first interview since handing the president a scathing letter after shaking hands on the tarmac, governor greg abbott from texas. the house-led g.o.p. setting its sights on the presidents in forthcoming investigations after kevin mccarthy won the speakership. top of the hour kellyanne conway and pete hegseth. "the faulkner focus." >> dana: ahead of tonight's

college football championship game the push for athletes to be employees is gaining steam. they argue federal laws being broken by not classifying student athletes as employees. what gives with the debate? grady trimble is live with the details in chicago. >> this decision could ultimately parv the way for student athletes to be paid employees of the ncaa, athletic conference and the universities they compete for and lead to them forming unions. the los angeles office of the national labor relations board is making the case that student athletes are employees entitled to protections under our law. this quote in response to an unfair labor practice complaint filed on behalf of football and basketball players at the university of southern california. the complaint could eventually make its way to the nlrb's full panel for a final decision.

>> i don't think the answer is on the immediate horizon but there is a sense if not immediacy at least of inevitability. i think that's the way we're going and i think you are also seeing -- you are seeing the demise and implosion of the fort rest. >> here is what the ncaa tells fox business. contrary to the claims presented in the nlrb charges college athletes are not employees of the ncaa regardless of sport or division. the commitment is to student athletes and will continue to vigorously any athames to divide them as it demeans the hard work and sacrifice of all who participate in college sports. already, though, the tide has turned in favor of student athletes making money. though not directly from the universities they compete for. some of the top college athletes are inking name, image and likeness deals worth millions of

dollars. in terms of this nlrb decisions it could be months or years until we have a final one. it would ultimately lead to student athletes getting a slice of the multi-billion dollar pie that is college athletics. >> dana: i'm fascinated by this issue. thanks, grady. >> bill: another round of atmospheric storms, river storms like it is flowing right out of the pacific hitting california bringing severe flooding to much of that state. we're in monterey, california. beautiful part of the country. how are they dealing with it, robert? hello. >> good morning. we moved to to a different town and what you see here on the pacific ocean. look at this creek just coming down off of these hillsides. can't handle this amount of water as this pineapple express is making another round into

california. it is just the beginning, bill. it will last all week long as there are evacuations just to the north of us, 6 or 7 miles in santa cruz and look at these structures being compromised by this rushing water leading out to the pacific ocean. many boarded up already. there have been people here that evacuated last week and have had sustained damaged to surfing village. they are in for it again. heavy winds this morning, bill, that we experienced. sustained heavy winds and rain. the rain has a lull now. it's a great thing. this is just the beginning for the week. very serious scenario, the burn scars on the hills from wildfires. they can't handle any of this situation and why we're seeing debris come off of the hills and mountains like trees going into these streams and creeks. san jose is not in a good position right now i have to tell you. they have evacuations and closed

the schools. a nasty scenario up there. we've heard of rescues going on in santa cruz. look at this picture. this is the point, this is how ferocious this energy is in california. the entire state at some point will be affected this week from los angeles up here to san francisco north to the oregon border, bill. amazing. not a good scene. >> bill: robert ray. thank you on the north side of monterey bay. make sure you download the fox weather app. the app is free. check it out. good stuff. >> dana: before we go, check it out, check it out. >> bill: back in time prediction in 2022. >> dana: number one i do believe that joe biden will visit the border in 2023.

i think it's untenable for him not to. so not even a month into 2023 and i redeemed myself a little bit. last year i didn't get any of my predictions right. >> bill: do i get half a point for saying i agree? >> dana: my second one was the bengals will win the super bowl. i still believe. i still believe. harris faulkner is up next. here she is. >> harris: let's beginning with a fox news you a loretta and movement now. the white house responding to harsh criticism of president biden after his inaugural visit to the southern border two years into his presidency, two years into the disaster there. texas governor greg abbott hand delivered some facts to him in a letter. you see it there just before the two men shook hands on the tarmac. abbott not mincing world calling the president's border policy failures. in his first interview since that meeting governor greg