they're saying, three times as likely to have depression, suicidal thoughts, problems with school, and you know what the real reason for this is, bret? because pot isn't what it used to be. now the amount of active ingredient or thc has gone from 1.5% to 30%. kids think they get something they can deal with and they really are not. it is on the side of the buyer, the cartels that are pushing this stuff and kids are in trouble. depression, suicidal thoughts and problems in school as a result. >> bret: you add fentanyl and it is a dangerous situation. as always, dr. siegel, thank you. >> dana: the marine veteran charged in the subway death of a homeless man reportedly threatening passengers speaking out for the first time and a grand jury could hear the case as early as today. welcome to a new hour of "america's newsroom." i'm dana perino. bill hemmer is off today. good morning, bret. >> bret: i'm bret baier in

washington. penny is charged with the death of neely. alvin bragg needs the go-ahead from a grand jury before he can prosecute. neely made comments and his attorney describing something the grand jury will have to consider, penny's state of mind when he restrained neely. >> what was his mindset when he put jordan neely in a choke hold? >> well, the mindset is pretty simple. he was fearful for the safety of those passengers. so when he acted, his mindset was to keep his fellow passengers safe from attack. >> dana: nate foye is live with more. >> the vet says he would do the same thing again in similar circumstances and denies race

played any role. he said i judge a person based on their character, i'm not a white supremacist. he is charged with second degree manslaughter for this alteration on the subway you see here. he said he was on his way to the gym when he encountered jordan neely. his lawyers say he was protecting others after neely was threatening people on the train. he said it's tragic what happened to him. hopefully we can change the system that so desperately failed us. speaking of that system, neely had mental health problems and racked up over 40 arrests according to reports and pleaded guilty if february to punching a 67-year-old woman in the face. instead of being locked up, he was sent for treatment that eventually bailed on putting him back on the streets. here is mayor eric adams talking about what the city can learn from this. >> if we don't get help from the state government to insure that

we can use involuntary removal for people who can't take care of their basic needs we might have this problem again. >> attorneys for neely's family tell them it's an advertisement to soften the view of daniel penny. we never called him a white supremacist, we called him a killer. the marine vet is free on $1 hundred thousand bail and faces up to 15 years in prison and due back in court in july. >> dana: thank you, nate. daniel penny also telling the post that everybody who has ever met me can tell you i love all people, all cultures. you can tell by my past and all my travels and adventures around the world. i was planning a road trip through africa before this happened. joining us now retired inspector

paul mauro. one of the things from the witnesses, call for number one that we're starting to hear more of is that they said the rhetoric from neely was very frightening. very harsh. people that travel the subway see and hear everything. this was different. frightening people were gravitating towards the exit doors and we couldn't get out because we were between stations. if this goes to the grand jury today, as perhaps our reporting shows, how much do these witness statements play into that? >> i mean, undeniably they are going to. what we're seeing is the battle for the public relations narrative. i feel that likely what happened here is daniel penny's lawyers made the decision that they have to counter the narrative that so many of the people in the public media and in the -- from the progressive sphere want to put in place that it was some sort of a vigilante white supremacist

activity by him as if he went out that day to do it. there is no indication of that or from his past or no facts to support that narrative. so his people decided that we have to let him do this interview, counter this narrative. what's interesting to me, dana, is the racialization of this incident is not catching the traction that we've seen in the past. normally that's the way this thing is going to break out. i think it is a hopeful sign it doesn't seem to be getting as much traction. what we do see here is a break-out, according to what i would call class lines. you see even among many of the people in this progressive town pushing back and saying if i was on that train, i would like to have daniel penny with me. so the way i would characterize it is what we have now is sort of the uber class versus the subway class. the people who are making all the noise, the aocs, al sharptons city council don't

take the subway. people who do take the subway every day know what it was like in that car. the uber class versus the subway class. that seems to be the truth on the ground here in new york city. >> dana: just so i can get it in here and statement said we don't care how many vacations he has been. just call for number four. these are the prior arrests for neely. these factors all coming into play as the grand jury meets and we wait to see what happens. but also, paul, i think it's really smart to talk about the uber class versus the subway class. over the weekend very violent weekend on the new york city subways to put it up here for you. 52% change from 2022 to 2023. ouch from 2021. as you say people who ride the subway you can see it with your

own eyes what is happening here. >> the subway crime numbers, which is the default that everybody refers to, yeah, they are important but that doesn't really capture the atmosphere in the subway. most of the encounters that subway riders have with homeless people and mental distress on the subways they don't go reported because they don't escalate to a crime. that randomness is what creates the menace on the subways. every day you get on the subway to go to work you'll have one of these encounters and you find yourself is this the day i lose the lotto? is this the day it will happen to me? there is fear on the subways and no way to run the systems. the most people that are calling for daniel's head are the ones that created that vacuum in public safety. it is tragic. nobody thinks this young man should have been killed. but the conditions that were created here are what need to be addressed and not a racial narrative that will not move us forward a lick.

>> dana: thank you for kicking us off on a monday in the 10:00 hour. thank you. >> bret: bipartisan outrage after court filings showed the f.b.i. conducted more than a quarter million improper warrantless surveillance operation on americans in 2020 and 2021. by misusing the fisa program. david spunt as the late freft the justice department. >> we were talking about 278,000 plus searches. this made public in a court filing on friday from the fisa court. the judge himself in this filing said this program needed to have some overhauling and some changes need to be made. the tool i speak of is section 702 of the foreign intelligence surveillance act, known as fisa. it gives the f.b.i. and other agencies the ability to digitally sur veil without a court order or warrant.

we know the f.b.i. used the tool on people connected to the civil unrest following the death of george floyd in 2020. those involved in the january 6th attack on the capitol. even political donors. government data shows between december 2021 and november 2022 the f.b.i. conducted approximately a 94% drop from the previous year. the f.b.i. claims to have made changes but these numbers, bret and dana, are staggering. federal intelligence officials are pushing hard and begging congress to fully reup section 702 in the name of safety expiring at the end of this year december 31st. members of congress have a ball now in their court. >> there have been dozens of reforms made over the last year or so to address those issues. again, they've been made by well-intentioned people who have been in many cases following procedures and protocols or policies that aren't necessarily appropriate and i think we

buttoned those things up. >> fellow democrats like jerry nadler who says he is not going to vote for this unless there are major changes. republicans are outraged and just to be clear, this is different than what we saw with the former trump campaign aide carter page. that was a surveillance that was approved by a judge over and over. that was also fisa but not specifically a 702. they are warrantless and questions about the power being abused. >> dana: china's communist party extending its reach far beyond its shores even as it cracks down hard inside the country. >> china is not just a government repressing its own people, it is also about they don't want the outside world to know what's happening in china. >> bret: a vicious attack in los angeles caught on camera. a word of warning.

a mob of bikers attacked a man walking downtown >> dana: republican senator tim scott throwing his hat in the ring for the republican nomination. how will this change the dynamics of the race? >> i've been blessed, gifted really with the greatest citizenship on earth and i want to protect it for the next generation. i want to make sure the next journey in the american story is much better than my own. and . everyone: woo hoo! ensure with 25 vitamins and minerals. enter the $10,000 nourishing moments giveaway. you're in a hurry. i'm off to america's best i heard what you said about not overpaying for glasses. two pairs and a free, quality eye exam starting at just $79.95? the exam alone is worth... 59 bucks. i mean, people deserve breaks, right? yeah, brakes...! [out of control] book an exam today at americasbest.com.

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>> bret: a group of teens carry out a broad daylight beat ping on the streets of los angeles. the following video is graphic, may be disturbing.

it shows the assailants repeatedly kicking a man driving a pickup truck. you see he curls up in a ball on the sidewalk. eventually other men step in and scare the attackers away. the lapd says the mob was made up of ten teens on bicycles. a witness says they claimed the man hit one of their bikes. >> we are facing a direct threat that is very advanced in many ways. very sophisticated technology and that is a direct threat. >> dana: human rights activists warning about the chinese communist party's ability to track its citizens and squash dissent even abroad. one woman here in the united states says she is afraid for her parents' lives after the ccp

came down on her for starting an anti-government petition online and talking exclusively to fox about her ordeal. bryan llenas live in the newsroom with more. tell us more. >> the woman agreed to speak to us, to fox news channel despite the fact that there is an ongoing threat of punishment that she and her family face from the chinese communist party. she started a petition on change.org calling for the ccp to release a pro-democracy activist from prison. somehow they traced the petition back to her. chinese agents located her parents in mainland china and made them call their daughter in the u.s. to take down the petition or face punishment. she complied. she says change.org failed to protect her identity and she fears the ccp has infiltrated the company or hacked their data. >> so creepy and frightening

because you never know even if you are in america, a free country, you still have to worry about your safety. >> we have reached out to change.org and they have not responded. the woman says ultimately once we reached out to change.org she says they really rely on this website. she says that despite the threats she and other pro-democracy dissidents will continue to try to speak out against the communist regime. >> all this, slowly got destroyed. literally in front of my eyes. so i just feel like they have to have stopped. i know it is just like -- it may not change anything but i feel it is my duty to do so. >> activists are warning about the trans national repression.

in 2020 there was -- a man was secretly working for the chinese government to censor political and religious speech the ccp didn't like, even terminating video chats organized by dissidents in the u.s. >> we should look into this in how u.s. companies both domestically and abroad are hijacked into the surveillance harassment regime by ccp from beijing. this is a direct and immediate threat to every american. >> she says she has spoken to the f.b.i. about her case but has not heard anything since. last month f.b.i. director christopher wray told congress the f.b.i. has over 2,000 active investigations involving the chinese communist government that represents the greatest threat to our country. >> dana: thank you for that

story. >> bret: you can add another name to the growing republican primary pool. today senator tim scott of south carolina making it official. it happens during the next hour. he is entering the 2024 presidential race. let's bring in fox news contributor marc thiessen. former speech writer for president george w. bush. senator scott will jump in. he has tried to do an optimistic pitch. harkening back to president reagan. and he is already getting attacked. what do you think of this entry? >> a lot of talk about the great black republicans we have. he is a black ronald reagan. a fighter, overcome a huge amount -- grew up in poverty and raised by a mother and his grandfather picked cotton. he is a warrior but a happy warrior. reagan took on communism with a twinkle in his eye. he wants to take on the challenges with a twinkle in his

eye and $22 million in the bank. he has an optimistic, hopeful message. spine of steel and $22 million. a serious contender. >> bret: we'll see what the former president says about the entry. the dnc putting a statement. he wants to govern from the far conservative right as the proud member of the tea party and extreme record proves it even before he renewsed to name a policy difference with trump he was an advocate of maga agenda. so it's common theme about attacks from the left. what do you make about his chances? >> i think scott would put that in an ad for his campaign. look, he has got a great -- we have a great field coming out here. what's happening there are two republican primaries taking place. republican primary for the nomination and republican primary to challenge donald trump, to be the one. and what will have to happen is all the contenders come together

and make the case i'm the best person to be the alternative to trump and it is great. the more people the better. the difference tw this and previous years if you don't catch a wave you have to get out soon. >> bret: the more people get in the better? a lot of people who say the more people that get in dilutes the not trump runners. >> if they stay in without any evidence. in a democracy everybody who thinks he have a shot should give it a shot. we have a responsibility as a party to make sure if you don't catch a wave and polling at 5% or 3% you have to get out. it has to be a one-on-one competition or otherwise trump will win like he did in 2016. >> bret: a piece. what 2022 mid-terms could mean for 2024. two elections in 2024, 1 in the contested states and another elsewhere. value contribution to help watch

unfolding events. the makeup in the electorate will who decide who wins the electoral college counts will be where the focus is. translating what happened in the mid-terms to forecasting 2024. >> in the swing states you can't run a maga campaign. the election will be decided by a few hundred thousand swing voters. the question for republicans. you have to choose between the pop populous and look for the gov force who appeal to swing voters. maybe not. ron desantis is both. a populous taking on disney and wokeism that makes the maga heart faithful but at the same time delivered concrete results. passed one of the best school choice law in the country, esg investing, he has had this

legislative session in florida where he delivered result after result after result for the people that are making their lives better. maybe they don't have to. maybe other candidates can make the case they can do that. you can walk and chew gum at the same time. >> bret: we'll follow it all. >> dana: you are awaiting an arraignment hearing for brian kohberger accused of murdering four students at the university of idaho. how he is expected to plead. a "new york times" op-ed accusing republicans about using the border crisis to scare americans. dianne feinstein embroiled in a than controversy. >> she still is able to summon and concentration and energy to vote. she is continuing to work. i think she deserves the opportunity to make a decision

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>> bret: democratic senator dianne feinstein's health a hot topic on capitol hill. many fellow democrats are sensitive about commenting on her future after her recent return from an extended medical absence. others are calling for the oldest senator sit -- sitting senator to resign. dig below the surface and you find a back story filled with political intrigue surrounding plans to replace her. congressional correspondent aishah hosni has more from the hill. good morning. >> good morning. the fitness of senator feinstein continues to divide democrats here in washington. over the weekend, representative dean phillips actually renewed his calls for the senator to step down. he wrote an op-ed for the daily beast this weekend saying if elected leaders continue doing what's politically expedient over what is right, this crisis

of confidence and trust will only get worse. now, feinstein's seat on the judiciary committee, everyone has been watching that. it is critical for democrats to be able to get the judges through. also the timing of her retirement that may impact who replaces her. we know that former speaker nancy pelosi supports representative adam schiff for that seat. california governor gavin newsom is vowing to appoint a black woman if feinstein steps down early. feinstein's biography over the weekend says he doesn't see politics and doesn't see her going anywhere soon. she is an independent political force. it doesn't matter what the democratic party wants or doesn't want in terms of what diane has decided she is going to do. senator jack reed told "fox news sunday" feinstein needs to take a look at the current environment and make a decision.

>> i had the opportunity to serve with strom thurmond, who was 100 years old when he retired. there were some people back then who were saying he should go. but not with the same kind of intensity of today. again, i think this is something that senator feinstein should consider and make a decision. >> bottom line, bret. everyone is watching her every move here on capitol hill to see if she goes to vote, what committee business she attends, bret. >> aishah, thank you. >> dana: white house advisors have arrived on capitol hill. they will be getting ready to continue these debt talks. bret, you know the speaker of the house, kevin mccarthy, will be going to the white house later today. what do you think of the possibility of the two of them, biden and mccarthy be able to strike a deal this afternoon? >> bret: a few minutes ago

mccarthy isn't sounding too positive with people around him. just a few minutes ago the white house team arrived on capitol hill. let's take a listen. chad pergram tried to get information out of them. >> what are we expecting today? >> we're going up to work. >> how much further do you have to go or will everything hinge on the meeting this afternoon with the president? >> sorry, don't have any other comments. >> bret: not too much there. >> dana: hard to do negotiations in public. it affects the public. we'll pay attention. if the u.s. does default the president says it won't be because of him. >> would you be blameless? >> president biden: on the merits based on what i offered i would be blameless. on the politics of it no one would be blameless. i think there are some maga republicans in the house who know the damage that it would do to the economy.

and because i am president, the president is responsible for everything, biden would take the blame. that's the one way to make sure biden is not reelected. >> dana: let's bring in senator roger marshall from kansas. the president canceled part of his trip, which was probably smart. he needed to get back here. this is where the rubber hits the road. >> he struggles watching and chewing gum. how horrible is it to be called a maga republican right now? we're going beyond that. what the president is right about is if we default on our debt history books will record that joe biden was the president when we defaulted on our debt and be a one-term president. the highest inflation rates, afghanistan debacle and open border and potential default on our debt. i don't think it will happen. >> dana: what do people in kansas, you have a diverse group of industry but especially the

farmers. this would affect them. their bottom line. >> what's impacting farmers is the drought and interest rates. when they have an operation that went from 2% to 8% because of joe biden inflation, that's what's killing them. they are concerned about the price of doing business than the national issue. >> i think june 1st is an imaginary line. i don't think the real negotiations start happening until june 1st. >> dana: another topic. president biden blamed the silly spy balloon, his words, not mine, for derailing communications with china and he is seeing a shift in relations shortly. what do you think about the administration's new attempt to make nice with china. >> i think this president doesn't realize when china and russia are bullying him. this spy balloon was china bullying the united states.

how would joe biden react to this and he didn't do anything. when is the last time joe biden got anything right on national security and our open southern border is the number one immediate national security issue this country is facing. >> dana: you just got back from the border before title 42 went away. a "new york times" op-ed that claims if you are hearing about the border, someone is trying to scare you. going on to say the truth. it's likely somebody is trying to scare you. broadly speaking republicans want you to be scared of immigrants. democrats want you to be scared of republicans. >> journalistic mal practice. since title 42 ended, 10,000 gotaways in this country. we don't know who they are, how many were terrorists or criminals as well. it is a lie. i wish that journalist would talk to the 300 moms and dads whose young adults will die from fentanyl poisoning today. talk to the hundreds of young ladies that have been raped on

their journey from central america to here and now being sold into sex slavery. i wish they would visit the border, since joe biden has been in office there's 6 million. >> dana: if the crossings are down and it was expected to go up have they done something right? >> this is like saying joe biden is taking credit for gasoline only 3 1/2 a gallon when it was in five. in president trump in office 1,000 illegal border crossings a day. this week over 3,000 plus 1,000 gotaways. it is the gotaways i'm concerned about. >> dana: i'm glad you brought it up. great to have you in town. thank you for being here. >> bill: a new report of billionaires behaving badly. what we learn now about disgraced pedophile jeffrey app sign and his alleged efforts to

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>> dana: fox news alert here. a spokeswoman for bill gates tells the "wall street journal" that jeffrey epstein tried to squeeze money out of the tech giant by threatening to expose an alleged affair. they met a half dozen times. gates says it was only to talk about philanthropy. >> according to this new report convicted sex offender jeffrey epstein did try to get money out of bill gates. this is reporting from the wall

is journal. they say epstein found out the microsoft co-founder with a russian chess champion. >> everyone i'm going to meet this guy. nobody believed me. last year i play against him at the same table at the national bridge tournament in washington, d.c. i didn't beat him but i tried to kick him with my leg. >> he met her three years later and reportedly paid for her to attend software coding school. in 2017 the "wall street journal" reports that epstein emailed gates asking to be reimbursed for those costs. this came, writes paper, after epstein failed to persuade the billionaire to contribute to a charitable fund epstein tried to create. they refused comments on gates.

a spokeswoman for gates told the "wall street journal" mr. gates met with epstein for philanthropic purposes have failed to beyond gates to these matters and tried to leverage a past relationship to threaten mr. gates. it gives us insight into how epstein operated soured, he could turn against people. dana. >> dana: thank you. >> bret: the idaho murders, brian kohberger, the suspect facing a number of different charges getting arraigned today. four counts of first degree murder. felony burglary. he faces is possible sentence if found guilty death penalty and life in prison for the four folks you are looking at there. nancy grace is the host of crime stories on fox nation. good morning, nancy. today is the arraignment. what technically happens?

>> thank you for invading me. typically in an arraignment, i've handled thousands of felony arraignments, the defendant will be brought into the courtroom. his lawyer or lawyers will be with him. his name will be called out. he will approach the podium and enter a plea of guilty or not guilty. i don't think there is much of a chance of him entering a guilty plea to a case where he could get the death penalty. if he doesn't enter a plea his lawyer will say it for him. if neither of them speak the law presumes a not guilty plea and the judge will enter a not guilty plea for him. this really sets the beginning of the road to trial. interesting, preliminary hearing much like the o.j. simpson preliminary hearing was set later in june. that was ended. all talk of that was -- they did a secret grand jury which was

much more prudent. states witnesses would not be cross-examined only once. the arraignment today comes on heels of a disturbing discovery, bret. an allegation that just before the four murders of these beautiful idaho university students, brian kohberger went into a female colleague's apartment, moved objects around, manipulating her into telling him about it at work and he offered to put in a security surveillance system. and then had access so he could watch her in her private moments in her apartment. now is that going to be part of this trial? likely no. but it is a step in the progression of a killer. >> bret: i've heard people say it's possible that brian kohberger could have been in this house before and been, as you mentioned, surveilling them in some way, shape or form.

you look at the list of evidence here, seized from his apartment, the night rite gloves, a long list of things that prosecutors are saying they have come up with that tie him to this crime. as you look at this list is it pretty compelling? >> i find it very, very compelling. you know, bret, there was much discussion of is this the first time he has ever committed a crime like that? do you go to 0 to 100 just like that? with this new allegation we see that he stalked digitally and most likely, according to the allegations, would go by this colleague's apartment where he could get into her wifi. there is digital stalking much as we suspect in the murder case, stalking the women over the internet trying to contact them. showing up at restaurants where they worked or went.

so the stalking is the big component of this. it's the same m.o., method of operation, i find that very probative. i don't expect him to say very much in court today. he has been schooled on the least said, the better. we also have learned that he can watch whatever he wants on cable tv behind bars and he is ravenous for coverage of himself. so he is probably watching you right now, bret. >> bret: we always appreciate your time. we will be watching. matt finn is out there for us. thanks. >> thank you. >> bret: dana. >> dana: a college baseball player puts down the bat and glove and picks up the guitar to play an unforgettable national anthem. a record number of workers testing positive for marijuana putting many companies in a

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>> harris: we've watching the opening minutes of "the faulkner focus" for a lot of 2024 news. tim scott moments away from announcing his presidential run from the white house growing a gop2024 field. and president biden says he would be blameless if the u.s. defaults on its debt. republicans say the president would rather tank the economy than negotiate. time is tight. arizona congressman andy biggs, leo terrell and lee carter in "focus" at the top of the hour. >> bret: a street race in baja, california, mexico ends in a deadly shooting. ten people dead. nine injured after a group of men opened fire on a race two hours south of san diego. the gunmen were working for the sinaloa cartel targeting a rival gang. authorities say the suspects are

still at large. >> dana: substance abuse in the workplace is becoming a big issue. as a record number of workers are testing positive for marijuana companies are trying to figure out how to handle the problem. >> in states where marijuana is legal like here in new york, employers cannot test for marijuana before employment. they also can't test during employment unless there is a symptom of impairment, a visible symptom. even then it is a tricky spot to navigate. >> employers have to be very careful because if they assume that there is a symptom of impairment and it turns out to be the function of a disability, they could have severe problems under the division of human rights. >> you can see when there is testing, there has been an increase in positives. i want to focus specifically on

transportation. the ability to test pre-and during employment changes if the person works in a sensitive field like as a police officer, supervisor of children or in a safety sensitive position. then there can be drug testing, which is what happened with five supper viseors of top view. they terminated the employee after testing them. >> more important for the supervisor. these folks supervise the drivers but more importantly when drivers leave the buses, the supervisors take over the buses, they park them and monitor the safety of the people aboard the buses. >> here is where it gets tricky. now these five folks are suing the company alleging that they were specifically targeted for their off-time drug use and that this instead is really a way to get after them for a protective

class and to discriminate them. one has a disability. four others african-american. evolving space that people are trying to navigate. >> dana: it is for everybody involved. >> bret: long island county hiring a lawyer to block migrants from new york city. the head of the county legislature says all legal options are on the table. pro-migrant protestors tried to shout this man down announced the new legal action up in new york fighting over migrants coming in from elsewhere. >> dana: it won't end. bret, the first time we get to do this with you. before we go. i will show you this. a college baseball player wowing fans with a rendition of the national anthem. listen here. ♪

trey jones iii is an outfielder for texas a & m and part of senior day. i might make that my one more thing. >> bret: that is really good. you take all the sports stories. i get this now. >> dana: it used to be bill. i threw a fit and now i have to read them. i'm not very good. harris faulkner is up next. >> harris: we look live now at the childhood hometown of senator tim scott. this is north charleston, south carolina. senator scott expected to officially announce a 2024 presidential run. the republican field, as you know from the gop nomination, is growing quickly. we're showing you the candidates that have declared at this point. former president donald trump, u.n. ambassador nikki haley, former v.p. mike pence, vi