there are. >> kayleigh: ed sheeran said in the song writing community, everyone knows four chords primarily used and eight notes and we work with that, we've got to. interesting perspective from ed sheeran. >> harris: hard to defend either side. ed sheeran, we should know shortly what the verdict is going to do. thanks, "america reports" now. >> john: harris, thank you. begin with the continuing fox news alert, a verdict reached in the ed sheeran copyright case, at issue "thinking out loud" and similarities to "let's get it on." >> sandra: we do not have the verdict, we know it's in. as soon as we know, we will bring it to you. >> john: fox news alert to kick us off this thursday, stocks sliding as fears grow over more regional banks on the brink of

collapse, despite assurances from president biden and jay powell the u.s. banking system is on solid footing. >> sandra: where is the economy heading from here, will the latest rate hike lead to more trouble down the road? we will be joined live coming up to discuss. >> it's actually very scary, we have never seen anything like this before in our city. >> what is happening with all these people released here? >> our city officials are downplaying the situation. >> who is holding their countries accountable. our country cannot solve every issue. >> john: begin with dhs secretary alejandro mayorkas visiting the southern border as the biden administration scrambles to get ready for the tens of thousands to flood the border towns next week. friday eve. >> sandra: great to be with you, john. secretary mayorkas was dispatched by the white house to

help coordinate the 1500 u.s. troops set to arrive in the next few days to help border agents handle the the looming migrant crisis once title 42 is lifted. >> john: an exclusive look from the mexican side of the border, migrants going through dangerous currents across the rio grande. griff, we saw some extraordinary pictures through your terrific reporting, what is the reaction there now to mayorkas's visit? >> well, john, the calm before the storm is simply overwhelming, and since i have been on the ground here since last friday, there have been upwards of 15,000 migrants streaming across just to camp monument where we are in brownsville. go up to the sky drone, you can see the layout of camp monuments and the migrants arriving and being bussed.

and a year ago we saw the migrants under the bridge in del rio, the border patrol is better at screening, processing and transporting out these migrants. but yet they keep coming and we can go now and show you as you mentioned that exclusive footage we shot over in camp in mexico, just across the river where we are, migrants keep coming in droves. majority of which from venezuela, 90% or more southern border and in mexico they say they are issuing tens of thousands of migrants to keep streaming so. mexico is a transit country, not really helping us stopping the flood that extends obviously south of mexico. meanwhile, i want to show you the dangers of this humanitarian situation. this is some drone footage late yesterday. you can see the migrants on the mexican side on flotation devices, they are tangled in the weeds, some can't swim, it is a very, very dangerous precarious

situation and we know it's only going to get worse. for the residents here, like those women showed in the intro, we asked one of them, what would be your message to secretary mayorkas if he came here, here is what she said, listen. >> like i said before, he should have left president's trump policy in place and not to end title 42. because after may 11, we don't know, as brownsville residents, don't know what's going to happen and we are scared. >> you are worried. >> i'm worried. >> we don't know how high the numbers are going to go. but the indication is it will go way higher, and border patrol is getting geared up for it. i talked to border patrol agents all day long, all night long, and they are exhausted, tired and morale has suffered over two years of this crisis, they are ready, dedicated and as tough this is they need to be to deal with what's coming.

see if secretary mayorkas sets foot where i am in the next 24 hours. back to you. >> john: we consider the idea of calm before the storm, some have observed, the storm before the hurricane comes in. griff jenkins, along the border, thank you so much. coming up, sandra, mark esper, the former secretary of defense and the former el paso mayor dee margot will react. >> sandra: the verdict is in as we told you earlier, we know ed sheeran has been found not liable, john. this just in from that u.s. district courtroom a few moments ago, our producer said ed sheeran stood up and hugged his team, knowing that he had said before this and before this court hearing this week that had he lost, he would be quitting music, john. this is just in to us now, the verdict. >> john: and you know, you talk about what part of the song is like the chord structure is

identical, d, and d and f sharp bass to a, and then d, f sharp minor, a, the chord structure and the tempo exactly the same, marvin gaye's was recorded a half step higher than ed sheeran's was. but the melody is completely different, and typically the melody that is -- what is at issue when we are talking about copyright infringement. >> he's been so upset his grandmother passed and he was not able to attend, his father told attendees he was too upset to do so as the court case was ongoing. lydia hu is outside the new york city courthouse with the latest from there. lydia. >> hi there, sandra and john. this verdict coming in, finding ed sheeran not liable in this copyright action that was filed by marvin gaye's co-writer, his

family members of his famous song "let's get it on." they were alleging b that ed sheeran's grammy award winning song "thinking out loud" infringed on copyright protection here. now this this case has come to a close with the finding in favor of ed sheeran not lee able on the copyright claims, this will include the two-week matter. it took members of the jury a matter of two and a half hours in deliberations, they got the case around, a little after 5:00 p.m. last night and adjourned for the evening, reconvening this morning to consider the charges, the claims levied against him, deciding he is not liable. just to back up and bring you more context around this case, this trial captivated the attention of the music industry here because it's the latest example of a copyright case that was testing questions about

common parts of music, and whether composers, musicians and song writers can own parts of music, the harmony and the chords as they are assembled or whether chords and parts of the music as john was speaking to kind of become more of the public domain and be used in other works by other composers, in this case used by ed sheeran and in this trial, obviously the jury members finding in favor of ed sheeran here. now, on the days leading up to this decision and the days of this trial, kathleen townsend griffin, the daughter of ed townsend, she is one of the plaintiffs. she is a descendant of the co-writer who wrote the song "let's get it on" with marvin gaye told reporters that she was expecting his, that's her father, mr. ed townsend, expecting his name and his work to be honored, and all the arts intellectual property to be respected. that is a quote. meanwhile, sandra, as you

mentioned a moment ago, "the new york post" reported from inside the courtroom, that ed sheeran, who took the stand to defend his own work, even playing his guitar at moments, told members of the jury if the jury found against him and that he violated copyright laws, i'm done, i'm stopping. seems it's good timing, he's a very busy person, busy musician, he has a new album that is being released tomorrow, he's kicking off a new tour on saturday out of texas, it will take him across the country, it took six years for this case to wind its way through the federal court here in manhattan, it was filed in 2017, reaching to completion here, right in the building behind us, ed sheeran not liable on copyright claims brought by the descendants of ed townsend,

the co-writer for "let's get it on." >> sandra: he has vehemently denied plaguerism from the very beginning, and he's been found that he was not. >> john: mercedes, this was a nuisance for ed sheeran, his dear grandmother was laid to rest yesterday in ireland, he missed her funeral because he had to attend closing arguments in federal court in manhattan. and when we think copyright infringement and cases that have gone in the past, you know "my sweet lord," "the blurred lines" case and robin thicke, the songs did not have a lot to do with it, but lost $5 million, thicke

and pharrell did, the chord and rhythm are identical, but hundreds of songs have identical chord structures and rhythm structures. it's the melody and the nine notes have to be the same and that was not the case with this song. >> it's so true, john. and the reason why there was so much focus is there are so many songs that fall into this. one of the key defenses to this whole case that ed sheeran testified about is we are talking about just elements of what pop songs are made of. we are talking four chords, talking two notes, that's the underlying basis of these pop songs. how can you possibly create any other pop song if you are going to eliminate and say that that -- those few notes and those few chords are now proprietary. it would cause such a slippery

slope, it could clog up our court system, this is down the block from where i am, i'm glad the jurors hung their hats on. i do copyright infringement cases, they are difficult and tedious for the juries, it's a slog the entire way. >> sandra: sheeran's lawyers telling the jurors the chord progressions, "thinking out loud," letters of alphabet of music, basic building blocks song writers must be free to use or all of us who love music already poorer for it. mr. sheeran's counting on you to be overwhelmed by his commercial success, she said, urging jurors at one point to use their common sense to decide whether the

songs are similar. this is what we are learning out of the room, i guess an important question would be based on this verdict, mercedes, what does this mean for the future of the industry, this outcome? >> well, certainly there's going to be a sigh of relief because so many of the music industry were looking and focusing on the case, such a tremendous impact if ed sheeran had been found liable, that we can set aside. but another component, marvin gaye family and all, they have to exercise their proprietary rights whenever they feel their rights are being infringed on. if you don't do so, you could have waived it in a future proceedings. there will still be these types of cases, in a cottage industry an criticism ed sheeran had, it's a nuisance for song writers and musicians and those in the industry, because it's not -- it's never going to go away. there will still be these types

of cases. there has to be these types of cases because always the threat of a waiver, so the marvin gaye family, if they feel others have infringed they will bring the cases. they will not be dissuaded. so, at least for the time being, these chords are not proprietary, those notes are not proprietary and ed sheeran can continue to grace us with his brilliance, i'm a huge fan, kudos for him, great day for him and his family. >> john: i know what he said, but i don't think he would have quit music. color from inside the courtroom, he was visibly cheerful when the verdict came in, stood up, mouthed to the jurors, thank you very much, then hugged his co-writer of the song amy wedge. so, folks at home have heard about the legal aspect of this. let's get into the musical aspect of this. play a little bit of both songs and you at home can determine whether or not the jury was

correct. listen here. ♪ i will be loving you 'til i'm 70♪ ♪ let's get it on, let's love, baby ♪ ♪ let's get it on ♪ >> john: if you hear them back-to-back, they do sound a little different, because marvin gaye's song was recorded a half step higher than ed sheeran's song. if you check out a guy on youtube, he does a side-by-side comparison and lowers the key, and identical in terms of chord and rhythm progression to the ed sheeran song. but it's not about the under pinnings of the song, it's what floats over top of it, what killed george harrison, apparently is what killed pharrell and robin thicke, but ed sheeran lives to perform his music another day. >> great news for all of us, for

sure. >> sandra: the reason we have the shot up there, the microphones, you can see we are prepared to take sheeran, if he spokes, we are told by our producer in the courtroom that they are being told sheeran does plan to speak when he steps outside the courtroom in just a little bit. so, we'll obviously see, john, that will be quite a moment as you just reported, we are hearing inside the courtroom that ed sheeran is acting very cheerful as one could imagine after this long haul. >> john: i'm sure he likely will. he feels vindicated here, he believed in no way, shape or form plaguerized marvin gaye, and music is out there in the ether, and i interviewed so many artists in the 1970s and

1980s and songs are floating around in the ether and you pluck little bits out and it comes together. a classic like "let's get it on," might be some influence in terms of the chord structure and the rhythm structure and the groove and the feel of the song but everybody is influenced by everybody else, every form of music is derivative, so there is going to be similarities. is it plaguerism? in this case, the jury said no. >> sandra: thinking out loud. we'll see -- keep our eye on the camera shot and get to ed sheeran when he steps out there, but for now, we'll move on, john. >> john: looking forward to it. >> sandra: death of a homeless man by a chokehold by another passenger on a subway, we'll have more on that. laura is tracking the developments in the new york city studio. so, are charges likely?

where is this going? >> what we are waiting to find out right now, and while we wait to see if there will be any charges filed in this case, we are hearing there are two scheduled protests today, one in the next hour outside manhattan district attorney alvin bragg's office. this cell phone video shows the scuffle between the two men. 30-year-old jordan naelly, reportedly home less and known for michael jackson impersonations was placed in a chokehold by 24-year-old former marine. the examiner said it was a homicide caused by compression on the neck. the former marine was taken into custody but not charged with a crime. and subway passengers stepped in after naely began throwing garbage at passengerers and threatening them. the manhattan district attorney's office is investigating. and saying as part of our rigorous investigation, we will review the medical examiner

report, examine the video and photo footage, identify as many witnesses as possible and obtain additional medical records. protests got rowdy at times. four people were arrested there, one criminal justice professor says investigators have to look at one important factor in this case. >> the critical question here will be what was in the head of the person doing the subduing. if that person believed there was some imminent harm to himself or others. >> sandra: representative alexandria ocasio-cortez called the death murder in a tweet. and new york city mayor says calling the death a murder is not very responsible, adding investigators need to do their investigation. >> sandra: john. >> john: whistleblower making a

shocking claim to republican lawmakers president biden may have accepted a bribe while serving as vice president. senator chuck grassley telling "america reports" the doj must answer a subpoena and hand over the fbi complaint that may expose the entire scheme. >> this comes from credible and unclassified whistleblower disclosures of this possible criminal activity when biden was vice president, and we are -- we want this information and there's a subpoena issued now. the justice department and the fbi needs to come clean to the american people. >> john: so that's what he told us yesterday. bring in andy mccarthy, former assistant u.s. attorney and fox news contributor. andy, whistleblowers sometimes have an agenda. we have seen that in the past in various cases. we do not know what the contents of this particular document is, so at this point what are we to

make of it? >> not much in the way of substantive information, john. you are right that obviously whistleblowers can have baggage that they bring to the equation, but on the other hand, what this precise disclosure is, as i understand it, is that there is a form that the fbi does when it does an interview with a confidential human source, and that is the information supposedly about biden. now, the first thing is to identify whether this document actually does exist. my understanding, this is what the whistleblower says exists and then you would have to see what has the fbi done with that information, assuming they got it from a source. you know, i think that we ought to tread carefully here in the sense that it's always possible for people to make allegations. that doesn't necessarily mean they are backed up by facts.

i was a prosecutor for 20 years, i'm sure i was accused of misconduct by defendants who were not happy with the cases against them and that sort of stuff, that comes with the territory, it's sort of, you know, part of the gig. so it's very easy to make an allegation, first let's see if there is an allegation, and then the big question is what's the fbi been doing about it. how long have they had it, what investigative steps have they taken. >> john: as a prosecutor, did you ever have somebody tell you something that wasn't true? >> yeah, occasionally. >> john: ok. just wanted to establish that. so the document is called an fd1023 form. if it exists, do you think the fbi and the doj would ever hand it over to a congressional committee? >> no, they won't do it willingly. on the other hand, courts sometimes get involved in this, john, and i think it's a big mistake for them to do that. the constitution gives both of the political branches an arsenal to have these kinds of fights and they occur all the

time. you know, congress can take action against the justice department and the fbi, they can cut their budget, they can impeach people who defy subpoenas or at least hold them in contempt. there's a lot that they can do. the executive branch may not want to give up its information but there is a limit to how much damage they want to take when it looks like they are covering things up. so eventually these things usually get worked out by compromise, where even if they don't get the form perhaps they get some of the information that they need for their investigation, but i think we are a ways away from seeing what's in this document, if the document exists. >> john: at the same time all of this is going on, andy, "washington post" a report saying federal prosecutors are closer to a decision whether or not to charge hunter biden with crimes, likely something to do with tax or guns, if charges are filed, last year the "washington

post" thought federal agents thought there was enough to charge hunter biden. that doesn't mean it's going to happen. >> no, they have complete discretion, john. no one can order the justice department to charge and i think it's really quite amazing, five years down the road under circumstances where nothing has happened. if this was a republican administration, say it again and again, there would be a special counsel. >> john: a pause for a second, some of the jurors are speaking, jump to that. >> given the things we were supposed to consider and had the evidence given to us and only that to work with, and we had to answer the questions that we were given which ultimately led to the judge's judgment, or that we were given. so i mean, key factors were obviously the song, as we are allowed to hear it and the deposit copy in question, and trying to use their testimonies and the expert witnesses,

expertise in the subject to understand the similarities or lack thereof and make the best judgment with what we were given. [inaudible] >> i mean, i definitely don't think it was a case where you walk in the room and no one had anything to say. we spent a lot of time going very carefully through the questions and the definitions of everything and trying to answer them to the best of our abilities. so i think it was less about there being a lack of liberation and more so of us wanting to be thorough and get ourselves on a page we were comfortable with, which did not necessarily happen immediately. so, there was a lot of back and forth, we all wanted to make sure we were comfortable with the decision we were giving. >> did anyone feel very strongly for the other side? >> i think, you know, there are seven people in the room, everyone had opinions going in. but both sides had advocates,

and then there were people that were, you know, we were more in the middle and trying to figure out either way what was actually, you know, the best ruling of law in this case. >> spell your last name. >> neis. >> sophia. with a p-h, neis. >> i'm 23. >> john: there is one of the jurors in the ed sheeran case talking about what they were given in terms of what they had to make a decision on and they came back with a not guilty that ed sheeran did not steal from marvin gaye's "let's get it on" for "thinking out loud." one thought here. >> if you ask me to sing, john, i'm out of here. >> john: i won't ask you to do. interesting case. >> it sure was. >> john: and based on the pharrell williams and robin

thicke, $5 million, what was at stake? >> i think you would have been a great expert witness in this trial. >> john: i do have a bit of a background in music from days when my hair was longer, andy, thanks very much. appreciate you being here. sandra. >> sandra: thank you john, andy, live to the white house, john kirby is taking to the podium there. news off the top. >> one thing i can tell you for certain is that the united states was not involved in this incident in any way, contrary to mr. peskof's lies, they are lies. and russia has launched dozens of drones into ukraine, hitting homes including shoppers at a supermarket. russia is waging a brutal war against the ukrainian, and aggression as you saw this week, yet another package of security assistance draw down authority for the president.

on sudan, today the president issued a new executive order to respond to the violence that began in sudan on the 15th of last month. this new executive order authorizes targeted sanctions that promote accountability for individuals threatening the peace, security and stability of sudan, undermining the transition and using violence against -- >> sandra: we will continue to monitor this at the white house right now as russia's claim the u.s. is behind the kremlin drone attack, john kirby taking that off the top, and more experts are saying it looks like a false flag staged by russia, we'll dip back into the white house as the news warrants. charles payne is joining us right now, noting the dow off 260 points. i know you have to get to your show, we want to make sure we get you in here. a lot of happenings at the

market and the president of the united states assuring the country that the banking system is sound and safe. federal reserve chair yesterday after announcing a quarter point rate hike, banks are selling off in a big way. what is happening? >> they sold off immediately yesterday. 90 minutes after powell said sound, that they were sound, resilient -- two major problems. one, the one fear on its own is growing. i've been speaking to people with like $30,000 in the bank and they want to move it and they don't realize every account up to 250,000 is covered. you are covered as an american. the people in charge have done a terrible job in articulating that. the other problem, for more than a year, money was coming out of the banks and no one caught wind of it, you can put your money in a regular bank and 0.02% at

chase or buy money market fund and get 4.5, 5%. people have wisened up. what are you going to do? 0 or 5%? so money is coming out. and deliberate, this is something people need to understand, it's deliberate. the money markets get the money by buying what they call reverse repos from the federal reserve, they hold it for one night and sell it back to the federal reserve for 5%, they take the difference and make a profit. it's easy money. if the federal reserve really cared they would bring down the rate they pay the banks. >> sandra: the federal reserve would push back on this being deliberate. >> that's fine. let me at least bring to the public what's happening. >> got it. >> why does the fed do that? the only way they think to bring down inflation, suck money out of the economy. the main place we go to get money is the banks. if i'm a bank and sitting on

trillions, what am i going to do with this, my business model is i lend money. they say give us the -- buy the reverse repos from us, we'll pay you 5%. so, that money does not go to society. so that's why the fed keeps the money market rates the way they are, consequently, people see the money market rates and close their accounts. >> sandra: one man who will disagree how we get out of the inflation crisis, larry kudlow, we can grow our way out, don't have to ruin the american consumer. >> i agree with that. i agree it's so hand fisted, and so heartbreaking that we need to talk about -- what's happening should be against the law. >> sandra: so you know, the president and the federal reserve chair in their own words assuring the american people the banking system is sound. >> the banking system is safe

and sound. >> we have the tools necessary to keep our banking system safe and protect depositors, that is the objective that the president wants his team to lead with, make sure we keep taxpayers safe. >> u.s. banking system is sound and resilient. we will learn lessons from this episode and prevent this from happening again. >> sandra: they have to put the message out there, so not a run on banks, people are not pulling out the deposits. >> they did not say every account in america is covered to 250 thousanded. if you have less than that, don't panic. they are letting it out there, they want to create the anxiousness so again, we go to the shell, we don't spend, and we break the back of inflation. there are better ways to do it. >> sandra: finish off with this polling over concern over the banks, where the american people are when asked about how concerned over the safety of their money in these banks,

those very or moderately worried, 48%, not worried at all, 20%. five seconds left. >> and the same poll, break it down by different categories. folks with less than 100,000 are too worried. and less -- and 9 trillion are not insured, over 250. the i'll explain all of this in the show. if you get a chance, tune in. it's a big show. >> sandra: thank you, sir. >> john: four leading members of the far right proud boys group convicted of seditious conspiracy in their role in the capitol hill riot. the jurors are still deliberating on a fifth defendant but did convict him on other serious felonies. mark a significant victory for the justice department in the final trial of the three major sedition cases garland has brought against key figures. >> move, move!

>> john: left wing protestors taking over florida governor's ron desantis's office, after he signed conservative legislation with more to come. will the culture war moves help him with the potential 2024 campaign. kevin walling, and casey smedley. great to see you both on this thursday afternoon. so, desantis really has claimed the tip of the spear of the culture wars, cassie, is that a path to victory in 2024? >> polls show it's something gop voters want to see, ability to appeal to the independents as well, glenn youngkin as well. one, we want less activism, more education in the schools. that's objectively people agree with. and then you talk to parents and they say we should be able to know what's happening with our kids in schools.

we should be able to know what they are taught but also be able to know if a secret is kept from us. so, desantis really putting his imprint on this helps him there. i will caution i think he needs to make sure he's doing it in a way similar to how youngkin did that appeals to the broad spectrum on parents, in principle, concerned about what they are seeing. >> john: hold for a second, ed sheeran is coming out in new york. let's just watch as he reacts to the court verdict here. >> right. doug, doug, doug, why don't you just come in. come around here, go there. go there. sorry, he's my guys.

right. good morning, afternoon, everyone, thanks so much for being out here. i'm obviously very happy with the outcome of the case and looks like i'm not having to retire from my day job after all. s claims like this are allowed to go to court at all. we spent the last two years talking about two songs with melodies and chords used by songwriters every day all over the world. common building blocks use to create music long before "let's get it on" was written, and make music after we are long gone. they are in a song writers alphabet, tool kit, no one owns them or the way they are played, the same nobody owns the color blue. unfounded claims like this are being fueled by individuals who are offered as music experts and musical analysis, and this instance the other sides' musicologist left out words and notes and simple and different

pitches of melody, created what i think we proved for all to see were misleading comparisons and disinformation to find supposed similarities where none exist and i think we proved for all to see they tried to manipulate not my and amy's song to convince the jury they had a genuine claim. i'm grateful the jury saw through those attempts. it seems dangerous, potential claimants, and it's simply wrong. we can support genuine so legitimate claims are rightly heard and resolved. if the jury had decided the matter the other way, might as well say good-bye to creative song writers. we need to write and engage in creation without worrying every step of the way such creativity will be wrongly called into question. like artists everywhere, amy and

i work songs based on real life personal experience. it's devastating to be accused of stealing someone else's song when we put so much work on the livelihoods. i'm just a guy with a guitar who likes to write music to enjoy. i will not allow myself to be a piggy bank to shake. i did not attend my grandmother's funeral in ireland. i will never get that back. and thank my team, these guys, who supported me throughout this difficult process and to all the song writers, musicians and fans who reached out with messages of support over the last few weeks. and finally, i would like to thank amy. neither of us expected nine years ago from our writing session we would about he here having to defend our integrity. amy, i feel so lucky to have you in my life.

thank you. we need song writers and the wider community to come together and bring back common sense. these claims need to be stopped so the creative process and we can make music. we need trusted individuals, real experts who help support the process of protecting copyright, thank you. >> how do you feel? >> great. i'm going to leave it to these guys now. i've made my statement. >> thanks, guys. >> john: ed sheeran reacting very positively to the verdict, saying he's not going to be a piggy bank for somebody so shake and is frustrated baseless claims go to court and jeopardize he and amy wedge, co-writer, and thousands of others do every day. >> sandra: and a gracious thank you to his team.

didn't take questions, other than feeling great, and he will not have to retire from his day job. and a documentary about to be released. >> john: he was never going to quit, come on, a good thing to say. >> john: and like a timeout in basketball, that's done. talking about desantis and whether culture, the tip of the spear at the culture war, owning the lane is the way to victory in 2024. what do you think? >> we'll see, one of the consequential legislation sessions in tallahassee and it ends tomorrow, and florida has open carry laws, no permits are required to have those weapons on your person, you know, he's taken on curriculum fights, obviously that six week abortion ban, he is really ginning up i think the conservative base as a play for the presidency as he looks toward announcing with the end of session tomorrow.

>> john: all the people protesting in front of his office, some say it's a great path to victory for the republican nomination. >> when you are upsetting the left, you are doing something right, at least from the republican nomination standpoint. >> sandra: upsetting the left you are doing something right. >> put it on a bumper sticker. >> he's gotten everyone's attention and the left loves to take out any line from the bills, extrapolate them and put their own bumper sticker on it. the don't say gay bill, it did not say that, the left took it, ran with it, legacy media ran with it and yet polling in the state was very much in favor of that bill. and when you narrow that down to parents, it was even higher. so, everybody loves to make this a national narrative but you have to look at what's happening in florida and is the governor working the will of his people. how he messages that on the national stage we will find out in a couple weeks here, but he is working the will of his

state. >> john: so in virginia, in 2021, we saw culture wars over education really were a boon for the republican, beat a democrat a lot of people thought was unbeatable. democrats came back the next issue and made abortion a wedge issue and republicans didn't have an answer to that. 2024, democrats will fight on the issue of abortion. is this an effective counter weight to that? >> i think it is, john. indications a lot of republican, major donors are having questions with the six week abortion ban that governor desantis has signed into law. he did it in the middle of the night, didn't celebrate the signing, and incumbent president has a lot of weight along with his vice president pushing back against the post dobbs world we are all facing. >> john: ron desantis slogan

make america florida, in florida it's working very well, i'm not sure if it will work everywhere across mark. what do you think, real quick. >> i think it's a message he has to deliver. democrats want to make it about abortion. >> we do, it's a critical issue. >> concern about the activism in the schools instead of the education, report card that came out was horrible for the kids. so, a lot there that you can point to that's not working and he needs to make that case. >> john: cassie, kevin, thanks for coming by. and watch ed sheeran. >> sandra: lawsuit over commercial fishing and federal regulation, forcing to pay for monitors. headed to the supreme court. it could change the power of federal regulation in more than fishing. >> that's exactly right, sandra. it will really turn over the power scales in washington when it comes to regulation in multiple different industries,

earlier this week the supreme court backed by the justice department decided to go ahead and hear a case relating to this -- these family-owned fisheries, they are suing the federal government over a mandate that puts a federal monitor aboard the boat during fishing expeditions. if the group of fisheries lose in court, they are herring fishermen, they would have to pay out of pocket $700 a day to keep them on board. in favor of the fisherman, overturn the chevron defense. it's a legal doctrine to defer to federal regulators and spoke to an attorney representing the fisherman. >> case books, textbooks in law school will need to be rewritten because so much administrative law rests on the deference to

agencies and interpretations of statutes when there's oh ambiguity" in the statute. >> we also spoke to the head of a fishing organization in new england who tells fox news the supreme court case is a move in the right direction. >> one of the real prerogatives to bridge the gap between the industry and regulators and we hope regulators can listen more to fishermen. >> if the court decides with the fishermen, think about other things like the climate change plan. the supreme court will hear the case in the fall with the decision next spring and that's significant smack dab in the middle of the 2024 election that may take power away from the biden administration when it comes to regulation. sandra. >> sandra: you bet, thanks for watching it for us. david spunt at the justice department. john. >> john: eighth grade test scores falling to record lows. is the pandemic solely to blame

or was the drop actually decades in the making? former education secretary betsy devos ahead on that. plus this. >> you work 40, 50 hours a week, you should not be living in poverty. it is time to raise the minimum wage to a living wage. >> sandra: that was bernie sanders a short time ago pushing for a big hike in the federal minimum wage. would his move make inflation even worse and further derail an already weak economy. larry kudlow on that. er if you e a few seconds to pray with me real quick. in the name of the father and son, holy spirit. amen. lord jesus, come to us now. help us to surrender ourselves completely to you. help us to listen to your voice. even when we're distracted or tired, we pray this in the name of the father and of the son of the holy spirit.

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>> sandra: a new education report shows alarming dropoff of u.s. history and civics, teachers blaming covid closures and online learning for the plummeting test scores all over the country. could what is being taught in the classroom be more to blame for that? betsy devos, former education secretary. madam secretary, thank you for joining us. if i could put this on the screen, a line graph, if you will, eighth grade history scores now hitting an all time low in this country.

to what do you attribute this dropoff for our nation's children? >> well, sandra, clearly the extended closures during covid had something to do with it, but the reality is that those scores were headed that direction well before the pandemic. in 2017 i made a speech on national constitution day talking about these plummeting scores. this is what happens when you teach dei, crt and the 1619 project instead of the declaration of independence, the constitution and the gettysburg address. this is appalling. and consider 87 out of 100 students are not even close to proficient in knowing u.s. history, it's a very concerning trend and we should all be alarmed and say enough. our government-run schools are

not doing the job and we need to change. >> sandra: it may sound obvious to most, i'll ask you the question. lay it out for us. what is the harm with not teaching our nation's children our history? >> well, it's said that democracy dies in darkness and we have evidence here that again our taxpayer funded union controlled american government run system is the one closing the blinds. students are graduating school without a fundamental knowledge of civics, of their nation's founding of u.s. history, and they are going forth into the world not able to think critically for themselves, not able to understand that when you disagree with someone else that's ok, it's a constitutionally protected provision. is it any wonder that we see all of these -- these occasions where students think it's ok to

just shout someone else down because they disagree with their opinion. what it's doing is preparing -- not preparing the next generation to really take their place in our society in leadership roles that are going to continue to carry out country forward. >> sandra: really interesting stuff and really important stuff. this is secretary cardona currently on what is to blame for these dropping scores, the education secretary cardona saying the latest data affirms the profound impact the pandemic had on student learning and subjects beyond math and reading. it tells us that now is not the time for politicians to try to extract double digit cuts to education funding nor time to limit what students learn in u.s. history and civics classes. what's he getting right, what's he getting wrong here, madam secretary. >> well, blaming it on the pandemic is nothing but a

scapegoat. what has been happening here is a progression over a number of years where schools simply are not teaching history. they are simply not teaching civics and students aren't learning it. the fact that 87 out of 100 students are not considered proficient or don't have a fundamental knowledge of u.s. history is just inexcuseable. we spend $750 billion a year on our k-12 education. we are not getting what we are spending. >> sandra: i want to finish off by asking you to respond to politifact tweeted this out, coming to randi weingarten's defense of the school shutdowns and the impact on the children, teachers' union president randi weingarten advocated reopening schools with safety measures, criticized to reopen them fully but misleading to say she

opposed to reopening at all. the goal to reopen, shouldn't it be acknowledged they didn't have to be shut in the first place? >> absolutely. aside from the first couple of weeks, there were many schools that managed to reopen, mostly charter schools and private schools that wanted to get their kids back in the classroom and her trying to revise history and gas light the reality of what happened is simply inexcuseable. america's parents know what happened and they're starting to hold their systems accountable. this is the time to give parents the say and the control over where their kids learn when the system is not doing its job, they need alternatives and states are following that with policy to prove it. >> sandra: secretary betsy devos, we appreciate you joining us on that, something we all care about and should set out to improve. thank you very much.

john. >> john: sandra, jam packed hour at 2:00. pentagon set to brief any minute now with 1500 troops headed to the border as we approach the end of title 42. we'll be listening for all the headlines and get reaction from former defense secretary mark esper. plus, el paso's former mayor on the migrant crisis, brian kilmeade on the deadly subway encounter in new york city, and larry kudlow, on the push for minimum wage hike, and more as "america reports" rolls on. togs to support immune, muscle, bone, and heart health. yaaay! woo hoo! ensure with 25 vitamins and minerals and ensure complete with 30 grams of protein. ♪ all across the country, people are working hard to build a better future. so we're hard at work, helping them achieve financial freedom. we're investing for our clients in the projects that power our economy. from the plains to the coasts,

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that can help people with plaque psoriasis achieve clearer skin. and no routine blood tests required. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. doctors have been prescribing otezla for over 8 years. don't hesitate. ask your doctor about otezla today. >> sandra: all new at 2:00, we are monitoring two live events for you as we begin a brand-new hour. we have two briefings happening, one ongoing at the white house and one about to happen at the pentagon. the pentagon taking questions from reporters on three developing stories that may threaten to up end the biden presidency. >> john: the white house asked about the bombshell wh