>> the bottom line experts say to stay safe buy your meds at u.s. pharmacies not mail order or mexico. >> bill: good warning to he'd. william la jeunesse is los angeles. >> dana: merrick garland on capitol hill right now and lawmakers have tough questions on a wide range of high-profile topics as he makes his first appearance before the new congress. welcome in a new hour of "america's newsroom," i'm dana perino. good morning. >> bill: good first hour. interesting stuff. another one straight ahead. i'm bill hemmer. good morning. the a.g. appearing before the senate judiciary committee for an oversight committee. likely to be confronted on bias prosecution and investigations into the hunter biden matter and handling of classified documents. the f.b.i. memo targeting traditional catholics as domestic terrorists while doing

little to anything against churches and pro life centers. they will get in a lot. senator ted cruz asking garland during his last appearance before the committee about promise he made to keep politics out of the d.o.j. it went like this. >> i asked you quote, will you commit to this committee that under your leadership the department of justice will not target the political opponents of this administration? your answer, quote, absolutely. it is totally inappropriate for the department to target any individual because of their politics or their position in a campaign. that was your promise just a few months ago. i'm sorry to say you have broken that promise. >> dana: that was more than a year ago. the committee will have plenty of ground to cover today. jason chaffetz ahead with reaction. david spunt starting us off on capitol hill. >> attorney general taking a seat behind me ready to answer those questions. he said multiple times he wants to keep politics out of the

d.o.j. he will find himself in quite a political quagmire with a polarized senate facing questions from both sides of the aisle. today's hearing is a hearing. an annual hearing that goes over the oversight of the department of justice but as you said he will go over separate topics, whatever senators want to ask. expect questions about his appointment of two special counsels to oversee investigations regarding donald trump and current president joe biden. garland's appointment of the special counsel takes the pressure off him but ultimately they will report their findings to him. garland did not appoint a special counsel to oversee the probe into classified documents discovered by aides to former vice president mike pence. the justice department itself is looking into that situation. garland did put a trump-appointed u.s. attorney david weiss in delaware to oversee the hunter biden investigation going on for five years. another politically charged

topic. no charges yet. it is possible garland will be pressed on the status of the john durham investigation. looking into the origins of the trump/russia collusion narrative. he began his probe in 2019. he lost two cases in court. not charged anyone since 2021. garland said he will continue to re-up durham's budget but possible he may get questions from democrats about when he is going to tell durham to come to an end here and make a final decision. back to you. >> dana: thank you for that. attorney general garland will face a lot of pointed questions as david pointed out in today's hearing. 21 senators are on the committee. it will likely go on for quite a while. former congressman jason chaffetz is a fox news contributor. the attorney general knows it is part of the job. in a way i think he enjoys the grilling he gets because he gets to have his voice heard. there is an awful lot of no comment that happens at justice

department you learn 101 ways to say no comment. what's the most important thing that could try to get him to answer today? >> well, i think the attorney general will talk about the 110,000 people at the department of justice and the integrity that they bring to the job. but then a senator will quickly say what about that f.b.i. agent who was accused of taking money from russian oligarch? what about the 1,000 pages from the inspector general produced making 12 different recommendations for potential prosecution of people within the department of justice that have abused the law? how come you didn't even pursue one of those in terms of prosecution? and mr. attorney general, how come you said you were going to be open, transparent and comply as senator cruz was asking you, and yet jim jordan issues a subpoena asking for documents related to the targeting of

parents at school board meetings. that subpoena was due at 9:00 a.m. this morning and based on the contacts with friends i still have in the house of representatives, the department of justice produced less than 12 pages of documents related to that subpoena. why aren't you complying with that subpoena? there is lots to ask him. very specific and pointed. >> bill: we'll see how far he goes on the answers as opposed and deflecting that's happened a lot in the past. last night bret with the f.b.i. director on the hunter biden probe. it went like this. watch. >> why is this investigation on the hunter biden laptop taking so long? >> well, the investigation is being led, as you may know, by a u.s. attorney appointed in the last administration out of delaware and the f.b.i. is actively supporting and working with that u.s. attorney on that investigation. >> the whistleblowers are telling lawmakers there was an internal effort to shut down the investigation from the beginning. have you found that? >> i have not found anything

like that. >> bill: that first part of the answer is what garland will do a lot of today. deflect again. on the hunter biden matter, does that clear anything up for you? >> no. he is stating the obvious and repeating the question in a different form. these people are professionals at testifying. that's why they got their jobs quite frankly. wray was supposed to be an agent of change and he hasn't been. >> dana: the other thing they asked him about that bret asked him about was the social media bans and any f.b.i. involved and here is what he said. >> it is appropriate to flag social media accounts on twitter or elsewhere due to politics or government policies when it comes to covid? >> we don't tell social media companies to ban accounts. >> but you suggest. >> what we do is tell social media companies about information that we have about foreign disinformation campaigns by foreign actors and foreign

intelligence services. those companies then make decisions. >> dana: yet, jason, it feels like if the f.b.i. suggests something companies out there might think i better do it. >> yeah. especially when the former general counsel at the f.b.i. works at twitter. you think they are probably going to actually listen to those recommendations. if they had a dragnet of more than 80 different agents working on this how many people did they prosecute and what laws were being broken? based on the twitter files released by elon musk, why is it that you are recommending that there was a violation of terms of service? you might want to consider taking that person down. that has nothing to do with breaking the law. we don't put 80 people going and finding the killer they found in idaho and yet they will put 80 people out there to suppress people's political opinions on social media. >> bill: jason, thank you.

cincinnati, ohio today. see you in new york again soon. thank you, want to take you back to one more clip from the christopher wray interview having to do with fentanyl. play the clip about what he talked about the effort to try to stop a lot of this stuff. watch. >> this is a threat that's not just across the border. that fentanyl is hitting streets all over the united states and we've got enterprise investigations into cartel leadership. into trans national gangs and other criminal organizations all over the united states and we're focused on trying to dismantle wherever we can, dismantle those organizations. >> bill: it has to happen sooner rather than later. when we sat and listened to that woman yesterday saying it's a war, 100,000 people dying a day. what he said prior to today. he tied fentanyl to mexico and china and called it epidemic proportions. that's the f.b.i. director. he can't break through the white

house to get more action. you have mayokas on the case and you have to ask yourself -- >> dana: i would be curious what the f.b.i. directors says what does he need in order to actually get some of those things done? if that is something the attorney general can help him get from capitol hill that might be productive. >> bill: we were sitting yesterday on the hill today again another hearing on the fentanyl crisis underway in the house. this happening after democrats boycotted last week's hearing on the hearing in yuma, arizona calling it political theater. aishah hosni is back on the story on the hill today. hello. >> good morning to you both. i can tell you that the democrats have shown up to this one after saying they were left out of the one in yuma calling it a political stunt. this one incredibly important right after the one we had yesterday with powerful emotional testimony. we're also expecting some emotional testimony today from the mother of a young man poisoned by fentanyl and also

hear from a retired d.e.a. special operations division agent and an emergency doctor. expect the subcommittee, guys, led by representative andy biggs to put the blame of the fentanyl crisis squarely on president biden's border policies as republicans go toe-to-toe with democrats. >> i know democrat friends want us to believe the farcical notion that all of the fentanyl crossing the borders is coming in through ports of entry. they want you to believe we're doing a good job seizing it before it can enter the country and destroy and take american lives. that's simply not true. >> we have seen a lot of border hearings on the hill, on the border so far this session. house majority leader steve scalise says republicans will also work through the legislative process and bring some very important bills to the floor. we'll see where that goes. this hearing comes as chairman

jim jordan, biggs and mcclintock sent a letter to the office of refugee resettlement director asking for a transcribed sit-down interviews on protections of migrant children after the bombshell "new york times" report revealing migrant children work very dangerous jobs across the country and in violation of labor laws. we expect some powerful emotional testimony once again unfortunately another mother who has lost her child. >> bill: never gets easy. aishah hosni thank you from the hill today. >> dana: virginia governor glenn youngkin joined us this morning and reacted to speculation he is eyeing a bid for the white house. here is what he said. >> well, i am not looking at 2024 right now. i am looking at 2023. >> dana: if you were going to get into the 2024 race you can't do that at the end of 2023. that is happening now. >> i have said to everyone, this question i get asked quite a bit and first i'm humbled by it. i'm reason will be anew to this.

i know i have to stay focused on the job i'm hired to do. that's to make virginia continues to strive toward excellence. parents feel confident their children receive a great education and communities are safe. >> dana: any governor including poll ills of colorado if asked they say i'm focused on my state. the blueprint they have made for their state would make a good one for the rest of the nation. >> bill: he made a good case for what he is doing in virginia now. the sticking point we say this every time about virginia. their state constitution holds you to one term. so he is as we stated, you have some decisions to make. will you consider to continue more of a political career at a higher level and if so he could be one of the people who enters the primary race for the republican nomination. >> dana: in the commercial break before talking to him it was interesting, you could see the private sector experience really coming to bear on the -- he talked about being a change agent. something he tried to do when he

was in wall street as well. >> bill: he has a package to sell. he has a message that he can bring to the rest of america. >> dana: he is not putting a toe in the water yet. maybe getting closer. we'll keep you posted. >> bill: even more danger along the border. a high-speed car chase left four dead over the weekend. we talk to the fire chief about the growing chaos in his town. >> if your chase is people transporting illegals or drugs, you hear the sirens almost all night. >> dana: authorities released the list of items seized from the parents home of the idaho murder suspect. what they took next. >> bill: ransomeware attacks targets the u.s. marshal service. did the hackers get sensitive information that could put others at risk? we'll find out. the heartland of america. we rely on hard work and honest manufacturing

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the department's groundbreaking -- advising local assistance and community led violence intervention efforts. our law enforcement is working the date, local and tribal and territorial counterparts to apprehend the most dangerous fugitives and seize illegal guns and drugs. for example, last year dea has partners seized enough fentanyl pills and powder to kill every

single american. we are also aggressively prosecuting the crimes that inflict economic harm on the american people. we are prioritizing the prosecution of schemes that impact older americans and vulnerable populations as well as schemes involving pandemic and procurement fraud. in our corporate criminal enforcement we're prioritizing and securing individual accountability and we're vigorously enforcing our antitrust laws. enforcement actions have resulted in the banning of mergers that would have stifled competition and harmed consumers. third, protecting civil rights. protecting civil rights was a founding purpose of the justice department and it remains an urgent priority. the department anticipates civil rights digs is protecting the right to vote. insure constitutional policing

and enforce federal statutes prohibiting discrimination in all of its forms. but now protecting civil rights is also the responsibility of every justice department employee every single day. we are working across components to combat hate crimes and improve hate crimes reporting. in the wake of the supreme court's decision to overturn roe and casey the department pulled together to protect reproductive freedom under federal law. the department recognizes that communities of color, indigenous and low income communities bear the brunt of harm caused by environmental crime, pollution and climate change. we're prioritizing cases with the greatest impact on the communities most burdened by those harms. i am proud of the work of the department's employees. to uphold the rule of law, keep our country safe and protect civil rights. the department's career workforce has demonstrated extraordinary resilience after

years of unprecedented challenges. they have conducted themselves with the utmost integrity without regard to any partisan or other inappropriate influences and they have done their work with a singular commitment to the public we all serve. employees of the justice department are dedicated, skilled public servants. it is my honor to represent them here today. thank you for the opportunity to testify. i look forward to your questions. >> thanks, attorney general. you grew up in lincolnwood, illinois >> not true. >> not far from high land park. >> true. >> we know what happened when the people of hyland park gathered for a fourth of july parade. the gunman was on the roof of a business and fired off 83 rounds into the crowd in 60 seconds. even the armed good guys, the policemen who were there trying to protect the public, had

trouble locating that person and certainly sadly could not have the time to respond to what he had done until it was finished. when he was finished, there was an 8-year-old cooper roberts who will be paralyzed for life. there was a young man 2-year-old aiden who became an orphan because both of his parents were killed. seven total lives lost, 50 people injured. it's hard for me to imagine that some disciple of originalism believes that our second amendment envisioned what happened in hyland park. to think there is a weapon out there, military-style weapon and the rounds and clips available to fire off multiple rounds into innocent crowds just to me makes little or no sense when you read the basic language of the second amendment. so congress did something and i want to credit senator cornyn for being a participant in this effort, a leader in this effort

with senator murphy of connecticut to try to pass a bill to make it better. the bipartisan safer communities act addressed issues of straw purchasing which we have discussed before, the terrible death of a chicago policeman because of the straw purchase made in the state of indiana and this situation with the shootings of innocent individuals in hyland park. what have you seen, if anything, that has changed for the better since we passed our law? >> i think it's very important law and grateful to members who sponsored it and to the overall congress that passed it. done several things for us. first of all it has, as you said, established a stand loan crime for trafficking in illegal weapons. >> are these being prosecuted? >> yes. we have already brought trafficking cases and already

have two gun trafficking cases and several straw purchasing cases as a consequence of this law. in addition, the law provided for enhanced background checks for people under 21 and we have largely completed the process of making those possible so that juvenile records that disclose prohibited conduct and make somebody a prohibited possessor would be identified. the statute also provided funds under the burn program, and additional programs for violence intervention and for helping states deal with red flag laws so people who have been subject to a court order barring them from obtaining a gun we would be able to get those systems provided and we've already given out grants in both of those

areas. >> senator graham basically challenged me and i accept the challenge to show as much concern about the gun deaths and fentanyl deaths in this country. i want to do that. he noted, i believe, correct me if i'm wrong, the number one cause of death people 18 to 45 is drug overdose. i don't know if it's fentanyl specifically but drug overdose. i know that reality. the number one cause of death to children under the age of 18 is gun violence in america, too. we can do both. we must do both. let's address the fentanyl issue for a minute. we had a hearing in this committee 2 or 3 weeks ago that talked about the social media platforms and what they are peddling to americans and children across america. mothers were sitting near where you are sitting today who brought color photographs of their children who died as a result of their trafficking of information on social media and there is little or no responsibility accepted by these

platforms. section 230 ab solves them from civil liability when they broadcast things which harm children, whether it's bullying or harassment or something as basic as this choke challenge which unfortunately claims the lives of children as well. i think there was a general consensus on this committee, which is saying something, that we need to do something about social media platforms and coincidentally had a meeting just a day or two later with ann wig ham from the drug enforcement agency and described the sale on the internet and social media platforms of phony drugs. senator graham made the reference to a person who thought they were buying percocet and bought fentanyl and died. i asked how common it was. she said very common. the sellers have valet services where they deliver boxes of

phony drugs to people at their homes on their porchs. this is out of hand. do you believe we need to do more to regulate and control the use of social media platforms that are currently exploiting families and children across america? >> senator, i agree with you and senator graham with respect to how horrible the situation is. i have personally met with the families of children and teenagers and young adults and even the elderly who have taken these pills, often thinking they are taking adderall or oxycodone or percocet, a prescription drug when it is filled with fentanyl. as the dea administrator's testimony demonstrated, six out of ten of those pills are a fatal dose. the cartels that are creating these pills and that are distributing them within the united states are the most

horrid individuals you can imagine. and unfortunately they are doing it on social media, advertising as if they are prescription pills. the dea has a program going out to social media companies and urging them to advise dea when they see this and advising -- >> when they approached social media and asked for the all go writ ms. to get to the root cause the social media platforms plead section 230 and refuse. what do we do? >> i think we do have to do something to force them to provide information to search their own platforms for sales of illegal drugs. this is -- >> i don't want to put words in your mouth but i think section 230 has become a suicide pact. we've said to these companies you are absolved from liability. make money and they are at it in overtime. deaths result from it and we

have a responsibility, i think the committee really spoke to it, we may see it differently on a bipartisan basis and spoke to senator graham and when we agree it is also publicized. we both feel very strongly this committee needs to take on this issue. i hope we have your support and the support of the president when we do that. >> you certainly have our support with respect to finding a better way to get social media companies, whether it's civil or criminal, to take these kind of things off their platforms, to search for them, to not use algorithms that recommend them. i totally agree with that. >> senator graham. >> thank you. again welcome attorney general. i want to do something different. i will try to find consensus where we can and see how far we go. do you agree that the having aner organization associated with russia should be a foreign terrorist organization under u.s. law?

>> i think they are an organization that's committing war crimes. an organization that's damaging the united states. i think they have already been designated as a tco. >> i want to go up a notch. are you okay with that? >> the way in which determinations are made with respect to terrorist organizations come through the state department. they have to make determinations of what the consequence is for countries that have them in them. >> do you object to me trying to make them a foreign terrorist organization? >> i don't object. i would defer in the end to the state department. >> i bet we'll all come together on that one. fentanyl deaths are more than gun and accident deaths combined in the united states. did you know that? >> yes, sir. >> this is -- how would you describe the fentanyl problem? america >> a horrible epidemic but

unleashed on purpose by the sinaloa and new generation cartels. >> let's absorb that for a moment. a horrible epidemic than kills more people than guns and car wrecks combined. what do we do about it? under current law fentanyl loses its schedule one status by the end of the year. >> all fentanyl related drugs could be scheduled. >> mandatory minimums for people dealing with fentanyl? should they be increased? >> i think we have more than enough ability now to attack this problem. >> would you agree with me whatever we have is not working? whatever we are doing is not working. >> i agree with that because of the number of deaths you pointed out. >> keep an open mind what we have on the books is not working. if somebody gave a pill to

another person with arsenic or other drugs could they be charged for murder because it will kill you? >> absolutely. >> if somebody gave a canaledy shaped pill full of fentanyl. >> they can be charged with drug drive i caning leading to death. the statute doesn't say murder but it aims at that. we have brought prosecutions, having discussed this with the u.s. attorney in colorado and new york. >> senator cotton has a proposal to increase the penalties associated with fentanyl. i would like to work with you and the chairman, if we could, to find a bipartisan solution to this problem to create deterrents that continue exist. mexican drug cartels. should they be designated foreign terrorist organizations under u.s. law? >> i think that's the same answer i gave before. they're already designated any

number of ways and sanctioned by the treasury department. >> would you oppose making them foreign terrorist organizations. >> we need the assistance of mexico in this. >> is mexico helping us effectively with our fentanyl crisis? >> they are helping us but they could do much more, no question. >> if this was helping i would hate to see what not helping looks like. the bottom line is they're not helping and we need to up our game for fentanyl. gitmo, are you familiar with the gitmo prison? >> i haven't been there if that's what you are asking. >> you know we have foreign terrorists housed there, is that right? >> i certainly do. >> do you agree under the law of warren me combatant properly designated can be held to the end of hostilities? >> yes, that's the law in the circuit i was on before and the supreme court. >> right. so do you agree with me that isis and al qaeda is still at

war with us? >> yes, i do. >> so you agree that anybody associated with these organizations could be held indefinitely if they present a risk to the american people? >> i think they could. i think the determination of whether they present a risk and how they should be dealt with is a determination to be made by the defense department. >> legally they can be held as long as they are a risk and it could be for the rest of their lives. >> i have think that is right. it depends on the facts. >> do you believe russia is committing crimes against humanity? >> i do. >> should we react an international court to support charges of crime of aggression? do you support that idea? >> the united states supports what is now being developed in the hague sponsored by euro justice looking into the possibility of creating that court. there are concerns that we have to take into account with respect to how it might deal

with our own service members and other circumstances. we support any number of different ways in which war crimes, crimes against humanity and the potential for crimes against aggression. >> i would like to work with you in take regard. that's something we can do. >> i would be happy to. >> when it comes to federal prisons. 1 1200 prisons asking to be male prisoner to a female prison. >> what does it take to do that? >> if you are generally asking the question of how trans people are dealt with in the bureau of of bureau of prisons they're determinations of where they are placed and where people are placed in general have to do with individualized determinations regarding the security of that individual and

the management of the prison. these are done on a case-by-case basis is my understanding. >> are you of any policy guidelines they use to make that determination? >> there is a policy guideline along the lines i said. >> i would like the bureau of prisons to send it to us. are you concerned if a biological male to a female prison could be a risk to female prisons? >> every person in prison has to be dealt with with dig knit tee and defense. the safety questions have to be made on an individual basis. not categorically. >> bill: finally, let's end where we started fentanyl. if this drug is killing more americans than car wrecks and gun violence combined, do you believe that the policies we have today in effect are working? >> i have been involved in the problem of drug crime and drug trafficking for more than 40

years including -- >> that's not my question. not how long have you been involved. are they working? >> they are not stopping fentanyl from killing americans if that's the question. >> they are woefully inadequate to the task. >> we put all the resources congress provides to us doing that. the d.e.a. -- we're starting at the precursor level when they're sent from china to mexico. we're then working on attacking the labs. >> my time is up. they're not working and we'll help you if you will work with us to give you more tools. i hope you will meet us in the middle. thank you. >> happy to have more tools, senator. >> before recognizing another colleague -- >> bill: this will go on for some time and get into a lot of interesting topics of discussion. >> dana: that was interesting. fentanyl a real -- is the subject -- not the only subject but highly prominent in this hearing so far today. >> bill: little bird tells us chuck grassley has something to

say about hunter biden. we don't know what that is. when the headlines become available we'll get you inside there. what lindsey graham said is are our policies working? the a.g. said with regard to fentanyl they are not stopping the killing of americans. down in mission, texas they know that all too well where matt finn picks up the story again today. good morning. hello. >> hi. over the weekend here there was a fatal crash, four people are now dead in the small border town of rio bravo, texas. we traveled and talked to the fire chief there and he tells us that border patrol attempted to pull over a driver but the driver fled and crashed into a utility pole sending bodies flying into a nearby car and someone's yard. the driver and three people inside the car died. the car crashed right in the middle of a neighborhood. more people could have died or been hurt. the chief also tells us immigration-related crime has

become the norm in his community since 2020. the chief estimates about 85% of his hispanic majority town supports a border wall. >> we need the wall. i'm sorry, but we need it. >> what would you hope the wall would do? >> prevent this. this is one of the hardest when you have loss of life because when people say our wall is racist, well, let me ask them, your house has a wall. is it racist? no. >> the latest numbers this morning from border patrol show there has been more than 1 million encounters at the border since the beginning of the fiscal year 2023. to combat the historic illegal immigration surge the biden administration has proposed turning away asylum seekers at the border who didn't apply for asylum in any of the countries they passed through on their way

here. the administration launched a new app that allows up to 30,000 migrants to legally apply for asylum. we have noticed the slowdown in the larger migrant groups but smaller staggered numbers. it could be the typical seasonal decline. the newest numbers show in december there were a record high 300,000 at the border. it dropped to 154,000 in february. however, if you look back to february of 2020, there were just 50,000 encounters at the border. the number jumped to 150,000 last month. it depends how you look at the numbers. they are still very, very high, bill and dana. >> bill: matt finn in mission, texas. thank you. >> dana: we're getting the first look at the items seized by police when they arrested the idaho murder suspect at his parents' home in pennsylvania on december 30th. more than six weeks after four college students were killed in their homes. more information about the search will be released today

and dan springer is covering this since the beginning and joins us live from seattle with the latest. dan, what will these items tell us, if anything? >> well it tells you what police are looking for and what they took out of the house. the courts in pennsylvania unsealed the search warrant for the house yesterday and other search warrants will be made public later this morning. the items seized from the house in pennsylvania a silver flashlight, four medical style gloves. white t-shirt. a black university of washington sweatshirt. black shoes, socks and boxers and a swab. it was conducted december 30th. we learned from the document the pennsylvania state police were asked for their assistance by the moscow p.d. hours earlier on december 28th and their job was to physically sur veil the

property and kohberger to make sure he was there. he faces four counts of first degree murder. a roommate of the victims in the house and unhurt described the attacker as wearing all black clothes and having bushy eyebrows. the house off campus where the murders took place a owned by the university of idaho and the school will demolish it in coming months. we reached out to prosecutors and defense to see if they would have any issue with that happening before trial. the house has been boarded up. the documents we expect later today we're told there will be other search warrants possibly for his car and phone. >> dana: an interesting question about the destroying the house before the trial given that we have another trial where there is a jury taking a field trip to the crime scene. >> it's common to go back to the house for a field trip during the trial. we'll see if that happens. defense or prosecutors can ask

the judge to hold off on that demolition. >> dana: interesting. thank you. >> bill: thank you. other ends of the country now. u.s. senate hearing with the attorney general continues. the honors of the questioning. we'll keep an eye for headlines coming up. all eyes on the u.s. supreme court, justices hearing the fate of the student loan debt issue. we'll find out what we learned coming up. this is going to be great. taking the shawl off. ok i did it. is he looking at my hairline? is plaque psoriasis making you rethink your everyday choices?

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>> bill: senator chuck grassley out of iowa doing the question the merrick garland. the topic of hunter biden is fresh on the senator's mind.

whether or not plowing any ground remains to be seen. if there are headlines we'll bring them to you. >> dana: protestors flooding the steps of the supreme court as the judges heard the cases challenging the student loan hand-out. the justices appeared skeptical of the president's plan. >> we know that the person with the college degree is going to do significantly financially better over the course of life than the person without. and then along comes the government and tells that person you don't have to pay your loan. nobody is telling the person who is trying to set up the lawn service business that he doesn't have to pay his loan. >> dana: joining me now is elaine parker, the job creators network that filed suit on behalf of the two borrowers in one of those cases. how do you feel about it yesterday? >> i think our lawyers did a great job putting forth the

arguments. there were two questions. the first is whether or not we had standing in the case or the right to sue. and the second was whether or not the biden administration had the authority under the hero's act to create a $4 hundred billion student loan forgiveness program. basically what we argue our plaintiffs were denied their right to be heard through notice in comment process that is required in any regulatory process. our plaintiffs and millions of other americans didn't get to have their voices heard because the biden administration went into a back room and created a program in secret and decided who was in and out. that's not how our system works. we get to talk to our elect edinel elected bureaucrats. he doesn't have the authority to do this. >> dana: call for number two. justice sotomayor making a point that might appeal to people's

empathy but this is not a legal point. listen here. >> so 50 million students who are -- will benefit from this who today will struggle, many of them don't have assets sufficient to bail them out after the pandemic. they don't have friends or families or others who can help them make these payments. >> dana: if you will bear with me and listen to randi weingarten on the steps of the supreme court yesterday. very exercised by one issue. >> during the pandemic we understood that small businesses were hurting and helped them and it didn't go to the supreme court to challenge it. big businesses were hurting and we helped them and didn't to go to the supreme court to challenge it. all of a sudden when it is about our students, they challenge it.

>> dana: well, what she is talking about before was passed by congress. wasn't that the issue there at stake at the supreme court? >> there is no comparison between the paycheck protection program that assisted our small businesses during the pandemic. remember, our businesses were shut down forcefully by the government. this law was passed through congress, a bipartisan congress and signed into law by a president. and it was meant to be a grant from the beginning. these are student loans. frankly, i do feel sorry for these students. i do have empathy. we agree with the biden administration that we have a crisis, a student loan crisis but by forgiving these debts, by our taxpayers and through the process that's illegal, we are basically telling colleges and universities that they can continue to increase tuition far past the rate of inflation every single year and not be held to account. the biden administration has

done nothing to hold colleges accountable. we ran an ad in the "new york times" yesterday calling out the biden administration asking them why they are giving colleges and universities a blank check? you know what? they've done nothing. they don't respond to that. they put out some email yesterday to all of the people on their list that are waiting for forgiveness saying that they are fighting for them and trying to hold colleges accountable but they've done nothing. i would love for somebody to tell us what they've done. >> dana: of course, that will be the court's fault that they put forward something that doesn't pass legal muster. thank you for coming on today. we'll know by the end of june what the court decides. thank you. >> thank you. >> bill: some of the food assistance benefits expanded during the pandemic will expire today. so what impact will it have on food banks? that story is coming up in a moment. anita vogel helps us celebrate women history month and the

story of an admiral. >> we have admiral hopper to thank for computer bugs but not in the way you think. she received a ph.d. in mathematics from yale in 1934 when world war ii erupted, hopper took a leave of absence from her professorship to join the navy women's reserve. in 1944, hopper was commissioned as a lieutenant junior grade and assigned to a project at harvard university that built one of the world's first computers. hopper stayed at harvard after the war building two more computers for the navy and it was there that she popularized the terms bug and debugging to describe computer mal functions. when she retired in 1986 amazing grace hopper attained admiral.

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these are some of the donated food they use here from del monte that comes in in blank cans and they put the label on it. thank god for donations of companies and goodness of a lot of folks. the president and ceo of the northern illinois food bank, this is coming at a terrible time. the benefits going away. food inflation is crazy. >> food inflation is crazy and it is right on top of a pandemic. which are owe seeing more neighbors coming to us needing help than we have ever before. >> but the numbers up on food inflation and how much money is being lost today that families were relying on. between 90 and how much? >> 90 and 250 our families will lose through snap benefits. emergency allocation for covid and that's going away this month. >> some people criticize government programs. do people need this sort of thing. again this is just coming at a

terrible time and you are already serving more people than you ever have, correct? >> correct. we're 55% over where we were pre-pandemic serving over 450,000 people a month. >> before the pandemic, 50% more than that? >> correct. pre-pandemic was $3 hundred thousand and now 450,000 people and affecting all of us. >> it is not just people. this is working people that have a job. they just still can't make ends meet. >> dana: it's a tough time and thank you for covering that for us. we enjoyed being with you today. harris faulkner is next. >> harris: a fox news alert. communist china doing something apparently many of our lawmakers couldn't do for themselves. they are uniting them on capitol hill against china demanding answers after the covid origins report came out this week. after that spy craft b