cannot think of a better embodiment of that or servant's heart. >> congratulations. >> thank you. >> as a soldier and officer and leader, i started out as an enlisted soldier, to be a leader of troops is the greatest privilege. >> you are incredible. >> harris: they are blessed to have you. >> emily: thank you for your service and congratulations again. thanks for everyone for watching. don't forget to dvr when you can't see it live. >> john: thank you, and hang 10. another irs whistleblower raising red flags about the criminal investigation into the president's son. he claims he was removed from the years' long probe after raising alarms over the doj handling of the hunter biden case. >> gillian: and seeking support from congressional republicans for claims against the administration. reaction from south carolina republican nancy mace with jonathan turley coming up. >> day one of this

administration they stopped construction of the wall, ended remain in mexico and put back catch and release. >> day three of the hearings. >> secretary mayorkas, has he done his job to protect the american people? >> i do not believe he has. he is focused on the processing and ignored border security. >> the nation is increasingly comfortable, comfortable with accepting weakness. >> john: begin on capitol hill, lawmakers are squaring off at the house hearing on the border crisis. among those testifying, a mother with a heartbreaking plea after her daughter was brutally murdered and the suspect was in the country illegally. hello, i'm john roberts in washington. good to spend tuesday with you. >> gillian: nice to be with you, i'm in for sandra smith. this is "america reports." and kayla hamilton, 20 years old, suspected ms-13 gang member broke into her home, assaulted her, then strangled her to death. this before taking off with her

cell phone and about $6 in cash. >> john: her mother has testified she has been a wreck ever since. >> on july 27, 2022, i received the worst news that a parent doesn't want to hear that my newly 20-year-old daughter, kayla hamilton was murdered in her own room and left on the floor like trash. the murderer robbed her of her phone and $6. for me, this is not a political issue, this is a safety issue for everyone living in the united states. i don't want any other parent to live the nightmare that i am living. i am her voice now and i am going to fight with everything i have. murder itself is taboo, and you mention ms-13, nobody wants to touch it. nothing will change if nobody talks about the problem. if we had stricter border policies my daughter would be alive today. nothing will bring my daughter back nor the pain.

>> john: tammy nobles from earlier today testifying before g can, such tragic and compelling testimony. right to alexis mcadams watching the hearing today. god, your heart just breaks for her. >> so difficult to listen to what this mom is dealing with, and still in so much pain, demanding answers from the biden administration asking how the suspect who reportedly has a violent past and ms-13 gang tattoos was able to get right into america. listen. >> united states government has to secure our border. we need to properly vet all border crossers. the government could have placed a phone call to authorities in el salvador and found out he was a gang member but they didn't. >> kayla hamilton was just 20 years old when investigators say she was raped and murdered by an undocumented noncitizen from el salvador. officials say the young woman was strangled, robbed and left for dead inside of her mobile home. the suspect had just moved in to a trailer nearby, he was only there about five days, we are told, before this happened.

police used his dna to track him down and believe he's a member of the infamous and violent ms-13 gang. he was charged with her murder and sexual assault. >> kayla had autism but she was determined to live independently and make her way in this world and my baby paid the ultimate price. >> so what we know when and how the suspect entered the u.s. he crossed in in 2022 through texas. at that time he was an unaccompanied child so he was taken to maryland and stay with his aunt but moved around a bit. republicans blaming the biden administration for the young woman's death. they had put out a statement, john, saying in part, secretary mayorkas and the biden administration have failed to implement basic screening and vetting measures to ensure those entering the u.s. are not gang

members. resulted in the tragic murder of kayla hamilton. she is going to speak out to protect other americans. >> john: you feel her pain, it's palpable. aexis, thanks. gillian. >> gillian: we are waiting an update from the pentagon as new evidence emerges out of iran of the regime's nuclear weapons development. the new satellite images you are looking appear to show what experts say is an underground nuclear facility that's actually so deep beneath the earth surface underground it may be impenetrable. >> now evidence shows worrisome progress at this nuclear facility so deep in the earth that it's likely beyond the range of conventional u.s. weapons as you mentioned. the new site is in the mountains in central iran, not far from

iran's current uranium enrichment site. it shows what experts say is new construction started in late 2020, shortly after a fire blamed on sabotage destroyed part of the other facility. four entrances have been dug into the mountainside, two to the east and two to the west. each is 20 feet wide and 26 feet tall. today israel's defense force chief issued a veiled warning. >> we are also closely examining the other ways to nuclear capability. without going into details, possible negative developments on the horizon that could prompt action. we have abilities and others have abilities. >> iran is believed to be as close as it has ever been for a

nuclear weapon. they believe it's 80 to 100 yards below ground, maximum range of any current conventional weapons. >> currently they have been constructing an underground facility over the past two years or so to maybe three years, and this facility is much deeper than other underground facilities we know of. >> it's unclear what's in the tunnels at the mountain site. if iran was to introduce uranium into the site, it would have to inform the iaea. but it has not responded to questions so far. big enough to allow iran to enrich uranium, and that fuels the nuclear weapon. >> since president trump pulled out of the nuclear deal, iran is enriching up to 60%. however, they have found 83.7%

pure, short of the 90% threshold for weapons grade uranium. >> john: the second irs whistleblower has come forward in the years' long criminal tax investigation into hunter biden. the agent expressing concerns over the justice handling of the probe and brand-new presented to documents. comes after the irs dropped the investigative team that was looking into the president's son. bring in south carolina republican congresswoman nancy mace, a member of the house oversight committee. >> thank you for having me. >> john: the whistleblower, don't know his name, sent an email to the irs commissioner which in part said "i have spent thousands of hours on the case, worked to complete 95% of the investigation sacrificed sleep, gray hairs, etc., my husband and i identifying me as the case agent were publicly outed and ridiculed on social media to our

sexual orientation and to be removed for trying to do the right thing is unacceptable in my opinion." we just went through a day of hearings of fbi retaliation of whistleblowers, this looks to be similar. >> and donald trump was targeted by the fbi, and you hear stories about the whistleblowers and irs being fired for no good reason, my message to anyone at the irs today or anyone in the administration, if you have something to say, if you have seen something with the hunter biden investigation, you want to talk to the oversight committee. we will protect you. we are going to protect every whistleblower that comes forward into this investigation. the fbi and doj won't do their job we'll do it for them. >> gillian: you say you will protect every whistleblower but you know there is a very complex sort of involved procedure that goes into offering a government employee those legal protections, what it takes to

become an official whistleblower, that individual has to follow a prescribed routine in order to achieve that status. how confident are you that this second irs individual is actually a whistleblower who is abiding by that process, because comer last week on our air admitted he may or may not have been mistaken about the first whistleblower could came forward. >> we know some of the whistleblowers are still there, still out there, they are very credible, particularly the one with documentation or said there is documentation about showing how the president knew what was going on with hunter biden's businesses and potential bribery. we want to get to the bottom of it, have the investigation happen for the american people and democrats need to decide if it's just republicans, or any one who is a democrat above the law, is joe biden above the law, we need to have all of this investigated. >> how do you know the whistleblowers are republicans?

>> i'm not saying they are republicans. i'm saying democrats need to decide if democrats are above the law or only target republicans. under the trump administration they targeted donald trump, durham forward the fbi didn't have real evidence to have that investigated. there was no russian collusion. we are seeing evidence of that. a whistleblower last week was fired from the irs. we don't -- i don't know what their political affiliation is but make sure we are protecting them. we want to talk to them and protect them so they know the information they provide us is safe and they are safe. >> john: as all of this is going on, also the debt ceiling, coming at us at 1,000 miles an hour, speaker mccarthy met with the president yesterday afternoon, he found reason for optimism. what he said. >> i think the tone tonight was better than any other time we have had discussions. i felt it was productive because look, we both know, we walked through this for a long time. our differences, explaining them, the give and take what we think would be best for moving

the country forward. >> john: still a lot of disagreement here. is this going to get done? because as we get closer and closer, the markets are getting nervous, other countries are getting nervous, businesses in this country are getting nervous, particularly ones that do business with the federal government. where do you see this all headed? >> it's like chugging red bull in the 11th hour. i hoped this was not the way it would happen but we need to freeze spending. prefer 2022 levels, democrats want it at 2023 levels. freeze spending either way, and make sure in the future over the next 10, 20 years we will balance the budget. if we have no new taxes, freeze spending, figure this out over the next year or two. both sides created the problem and both sides need to fix it. running out of time. >> john: isn't this how it goes,

agreement, you take it to the debt ceiling increase with the promise to tackle spending and then the second part never happens. >> and that's where i think a lot of our concern is because i have a plan that would balance the budget in five years but i would take 20 at this point. we are $32 trillion in debt. we cannot continue down this path and neither side has held the other side accountable and seems like republicans only care with spending when democrats are in charge. what happened every other time we raised the debt ceiling, how did we rein in spending and didn't. what are we going to do to stop the bleeding. >> gillian: congressman, thank you for taking time to come. i know you have to get to the hill for the vote. >> john: appreciate you coming in. >> gillian: a u-haul truck rammed into security barriers at the white house last night. so that happened just before 10:00 p.m. last night. missouri 19-year-old

intentionally crashed near the north side of lafayette square park, directly in front of the white house. no one was injured, fortunately, about you the surrounding area was evacuated, including a nearby hotel. that driver is now facing several charges, including threatening to kill, kidnap or inflict bodily harm upon a sitting president or vice president. serious charges. >> john: as more republicans enter the 2024 field, a key gop governor might be bowing out. who is sitting out a run for the white house coming up. >> gillian: redefining poverty. how one organization is urging the administration to redraw the american poverty line and change how the government distributes billions of dollars in benefits. we have doug holtz-eakin to weigh in coming up next. >> you have to work twice as hard to make half as much. i've been in business roughly 33 years, and it's just getting

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>> john: chill out and pay the sin bill. a member of the california reparation task force is saying about the plan. the group recommended $5 million payouts, annual income of at least $97,000, and personal debt forgiveness for eligible black residents. reverend amos brown spoke exclusively with fox news digital telling residents who oppose the plan, suck it up. >> you cannot put a dollar sign on what has been done to black people. i repeat again. our sin bill in this nation has been so high, let's just chill.

and pay your debt. your sin bill. of enslavement, of discrimination, of intimidation, of terrorizing, black people. >> john: also a statewide proposal which include payments of up to $1.2 million per eligible black resident and would cost an estimated $800 billion. california's total overall yearly budget is just $300 billion. >> gillian: also this non-profit, calling on the government to change the way that the u.s. defines poverty. a move that would essentially move the poverty line and could make millions more americans eligible for state benefits. if the census bureau adopts this new definition, economists forecast 1$124 billion in additional spending over the next decade. doug holtz-eakin, take a look at

the prediction here, doug, i want to make sure our viewers at home can see this. cost of the plan, it is predicted $78 billion in new medicaid costs and 47 billion in snap benefits, over the next 9 to 10 years. >> that's a lot of money. you know, this is really troubling proposal for two reasons. number one, the national academy of sciences can do research what they think are good poverty measures and the census bureau can take it under advisement. but it really shouldn't change the poverty definition. we have had the same definition since 1965 because both parties need to agree on this, and the constitution gave congress the power of the purse. it should make decisions that are going to cost hundreds of billions of dollars, not the census bureau on the basis of a private advisory panel.

it's troubling from that perspective. and making poverty a dollar issue, it should be about economic self-sufficiency. can people support themselves through their work. that's the objective, get people to be able to do that. the if you define it as a dollar measure, you are attempted to throw money at it and that's a problem. >> what the national academy of science is arguing here, the definition on which the u.s. bases government aid is outdated, essentially. it does not count for the reality american families are living with today, the really costs people are confronting, whether it's for medical care, childcare, the true cost of living in america today, rent, mortgages, all of that. do you think those numbers could be adjusted? >> so that's true. the current poverty measure was designed in 1965 to make sure a family could buy an adequate nutritional diet, that was it,

by a woman named molly. it was recognized it was out of date long ago. we have never changed the definition for purposes of providing benefits because that's something the parties have to agree on. that's about government spending, that's a financing decision that congress should make. if the census does that unilaterally, i fear congress will simply take away authorities and put the jurisdiction back in congress where it belongs. >> what do you think, while i have you, i have to ask you about the debt ceiling argument we are seeing here explode in washington. take a listen to neil on bret baier. >> bigger challenges over the next 5, 10, 20 years, look at the forecasts of the debt, that it sky rockets with the entitlement programs and the aging of our society. and so we do need to reach political consensus how to address that. the debt forecasts are not

sustainable. >> gillian: do you think there is a political solution that exists in washington on those issues you just talked about, the explosion of entitlement spending with the aging u.s. population? >> point number one, he's exactly right. there's no question about it. the larger point is that in the 21st century we have not had the political wherewithal to control the debt, it has only gone up, and that's a frightening proposition to me. we need a consensus to live in our means and have programs that will survive to the next generation of seniors. social security and medicare are on the road to bankruptcy, that's not acceptable. >> doug, thanks so much for joining us, sharing your expertise with us. really appreciate it. >> thank you. >> gillian: john. >> john: gillian, a state of emergency declared in north carolina but not for the reason you would think. so, why is the democratic governor trying to stop a bill that's 70% of his state

supports? bret baier will explain coming up. plus this. >> he, his age is an issue and people have every right to consider it. >> gillian: hillary clinton there acknowledging age will be an issue during the president's re-election bid, but wait until you hear where the 2016 candidate says she still backs the incumbent. ari fleischer next. but stephanie got inspire, an implanted device that works inside the body. there's no reason to keep struggling. inspire. learn more and view important safety information at inspiresleep.com. the first time your sales reached 100k with godaddy was also the first time your profits left you speechless. at the counter or on the go, save 20% with the lowest transaction fees and keep more of what you make. start saving today at godaddy.com

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[camera shutter] picture your life in motion. talk to your neurologist about vyvgart. i struggled with cpap every night. but now that i got the inspire implant, it's making me think of doing other things i've been putting off. like removing that tattoo of your first wife's name. inspire. learn more and view important safety information at inspiresleep.com. >> gillian: despite growing speculation, reporting virginia's governor glenn youngkin is bowing out of the race. ari fleischer is joining us now, former white house press secretary, and author, fortunately for us he's also a fox news contributor. so, ari, the reporting this morning is that there is this gaggle of gop donors who

definitely don't want to back trump but are now getting nervous about desantis so they are pushing youngkin to reconsider and get in this race. do you see a spot for him in the gop line-up? >> well, you know, it's almost as if there's an open seat, the number of republicans who want to run for president. it's a lot, in addition to donald trump. but i happen to think, gillian, primaries are healthy and will help the party sort it out, so long as after the new hampshire primary only two candidates remain, likely donald trump and somebody else. that's the best process to get to the best nominee. the anxiety among contributors, etc., that comes with a cycle, i get it and it's a wide open field to see who the alternative is to donald trump. >> john: speculation whether youngkin is reconsidering a run for 2024, he previously said no. the dave rexroad, a close

adviser of his tweeted governor youngkin is focused on virginia. anyone who anonymously says otherwise is probably not as close to the governor as they want people to think. so you know what, you can say oh, yes, it's a walk back, but these days all you want to do is keep people guessing, and that keeps people guessing. >> well, not really, john. >> john: oh, come on. how long has desantis -- how long has desantis been keeping us guessing? >> and it's hurt him. if you want to run for president, you want to take on the king, if you want to take a shot at donald trump, be up front, over and do it. this dancing, this halfway up to the net, i don't think it serves candidates well. the candidates in the ring, nikki haley, tim scott, even asa hutchinson who does not really have a chance, all those candidates, they have the courage of their convictions, give it their best thought and

that's what the primary voters have to decide. i'm not a fan halfway up to the net, teasing you, teasing me strategy. >> gillian: it does keep people talking about you, whether you are in the ring or not. ari, the other side quick, hillary clinton talking about president biden's re-election. >> concern for anyone, we have had presidents who have fallen before who were a lot younger. his age is an issue and people have every right to consider it. he has a great saying and you know, i think he's right. don't judge him by running against the all the but against the alternative. i obviously hope he stays very, you know, focused and able to compete in the election because i think he can be re-elected. >> gillian: running against the alternative, that got him across the finish line last cycle, why not do it again. >> it's also a good line for donald trump or the republican nominee. don't judge donald trump by the

almighty, but by the alternative. if the alternative is joe biden, that's good for donald trump or whoever it is. joe biden has a lot of weakness too. >> john: a second ago you were saying about waiting to get in, reminds me of guliani florida strategy, we are going to wait, we are going to wait, wait for florida and then get in. it did not serve them very well. back to biden and the age thing, a lot of concern over his age and mental fitness. findings of an abc news washington post poll, is he too old for another term, 68% yes. mental sharpness, 32% say yes. good physical health, 33% say yes. we have had presidents who are older before. these days, 70 is the new 50. so, you know, why not have an older candidate, but there is a

lot of concern that biden may be past his prime. >> john, we have never had anybody even close to 82 to 86 years old, what joe biden would be and here is the issue. it's -- yes, it's his diction, and stumbles on words, but i'm more worried about the memory. the first thing with old people is short-term memory. joe biden did not remember his generals told him he could leave a small number of americans in afghanistan to ensure safety. he said no one briefed him and the generals said yes, we did. he didn't remember. he didn't remember he traveled to ireland two weeks ago, he had to get reminded by a child on a rope line that he went to ireland. the problem is memory, and everybody who knows and loves somebody who is older knows this comes with the territory. it's dangerous territory for a president. >> gillian: well -- >> john: if you ask me where i was yesterday, i might be hard pressed to tell you.

>> gillian: i'm kind of with him on the ireland one. >> that's why you'll never be president, john. >> john: that and the fact i was born in canada. >> gillian: two strikes against you. ari, we could talk to you all afternoon but have to leave it there. thank you for joining us. >> thank you, guys. >> john: former president trump set to make a virtual appearance in connection with his manhattan criminal case in less than an hour's time and we are expected to learn more about the court order that keeps him from speaking about the case publicly. bryan is live outside the courthouse where we typically find him, with more details on this, and bryan, who more is in this protective order? >> well, john, good afternoon. this protective order that will be read to former president trump as he's video conferenced into court at 2:15, not only bars former president trump from being able to post evidence of this case on social media, but it also restricts trump's access to the cell phone records of stormy daniels and michael

cohen, the key witnesses in the 34 felony count criminal case alleging that trump falsified business records. trump can only see cell phone records that are pertinent to the case as approved by the judge. he's also restricted to viewing certain evidence only in the presence of his defense lawyers, and finally, the order shields the names of personnel working for the district attorney's office until jury selection. now, manhattan district attorney alvin bragg's order says it was necessary, because of trump's long history of targeting witnesses, jurors, judges and prosecutors with harassing, embarrassing and threatening statements. trump's attorneys argued against what they say amounts to a gag order, the people have proposed unprecedented and ordinarily broad muzzle on a leading contender for the presidency of the you state. now, the judge approved the order insisting it does not

infringe on trump's first amendment rights. he says trump can defend himself without attacking individuals and disclosing any evidence in this case. now, as for what would happen to former president trump if he violates the protective order, experts tell us a class a misdemeanor here in new york. he could face up to a year in jail or $1,000 fine, but ultimately, john, this is up to judge merchan. we should expect to hear more what he would do if trump were to violate the order in less than an hour. >> john: bryan, thank you. gillian. >> gillian: take a look at this new video out of chicago. police stations there are being used now as makeshift shelters to house migrants who are arriving by the dozens into the windy city. the conditions as you can see there are pretty terrible. we are going to bring you there with a live look. >> john: idaho murder suspect

bryan kohberger holding his tongue during yesterday's arraignment. the case capturing the attention of one of america's most prolific authors. james patterson is working on a book about it. he and his wife sue are with us coming up next. >> i was struck by kohberger's decision to "stand silent." he could be laying the ground work for a mental incompetency defense. in idaho there is no insanity defense but there is mental incompetency. lomita feed is 101 years old. when covid hit, we had some challenges. i heard about the payroll tax refund that allowed us to keep the people that have been here taking care of us. learn more at getrefunds.com.

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♪ i like to move it, move it ♪ ♪ you like to... move it ♪ we're reinventing our network. ♪ ♪ ♪ fast. reliable. perfectly orchestrated. the united states postal service. >> john: the spent accused of killing four idaho college students refusing to enter a plea at his arraignment yesterday forcing the judge to enter a plea of not guilty.

the high profile case capturing the attention of one of the most prolific american authors of all time. joining us now is james patterson, best-selling author, and james' wife susan, best-selling author in her own right. you and vickie ward are writing this, a nonfiction about the idaho murders. are you going to write about the prelude to the case or will you wait until the trial is over? >> we are going to -- we are going right away. vickie and i will both go to the trial. hopefully after the trial we'll talk to kohberger who knows. what excites me about it, and the first things since i wrote the epstein book which got me excited about writing true crime, but the notion of doing something hopefully at the level or close to the level of "in cold blood," small town, college town, four terrific kids and the devil comes to town.

>> yeah, it really is an extraordinary case and sue, you put your son jack through college. what happened there in idaho last year is every parents' nightmare when they send their child off to college. >> yes, absolutely. well, not exactly, it is not your nightmare, hopefully. but in this case it certainly was and for that town, it's a small town, where not much had happened. >> john: i was asking sue about that, james. and that -- when you -- >> sue has a novel out now, "things i wish i told my mother," a little happier than the idaho story. >> john: this is something that's capturing the attention of america, i'm just wondering, when you look at this, when you send your college off to child you never expect something like this is going to happen. >> yeah, well, or any place else. >> grade school. >> you worry about them all the time. that's one less thing, you know, you think by the time they get to college that wouldn't be

something you would have to worry about. but -- >> john: it's extraordinary. >> a lot of worrying as a parent. >> john: names mentioned your latest book "things i wish i told my mother," you wrote it with susan dalala, and james pitched in as well. the influence was you and susan had mothers that lived into their 90s, inspired by the love you had for them? >> right. and today's a little emotional for me, she passed away four years ago today. she was really an inspiration, so -- it's not about her, it's fiction, but -- >> fiction, yeah. i will see this, having been involved in this from the beginning, there is not a mother or daughter watching right now who will not enjoy this novel. it's not about sue and her mother, but it is about a mother and daughter, and it's just a wonderful story. she did a great job. >> john: it real is quite an amazing story. how long did your mother live,

sue? >> she lived 'til 98 and she was really sharp as a tack right up until the end. she would be excited to know i was on your program today. she was a big fan of yours and of fox. >> john: god bless her, my mom lived to be 96 before she passed. dario, our floor manager, his mother just turned 100. it's incredible. i have to say, i'm not going to give this away, but there is a twist in this book that i mean, the classic patterson twist. m. night shyamalan would probably appreciate it as well. the two of you did do some work together. you celebrated 25 years of marriage. a lot of people would think the key to a successful marriage is to spend as little time together as possible. but here you are writing books together. how do you do that without starting to throw things at each other at some point? >> there never was an argument about the book, never was, and my job was very clear. i was to go out and get coffee

and donuts, so you know, you got to be clear about what the responsibility of everybody is. p>> he liked getting the donuts, that's for sure. >> john: i want to ask you james, this did affect you, the two of you live in florida but your book series, "maximum ride" was banned by schools in martin county. where do you come down on this whole thing about keeping books out of schools? >> that was a shocker. well, i think, you know, if something as innocent as "maximum ride," 30 million kids have read the series, it's a nice series and if you can ban that, you have to ban all the marvel movies. they are a lot more provocative than "maximum ride," and the tragedy, one person went in and on the person -- and she claims she had never read the books, and still the county banned the books, which is just -- that's crazy. >> john: and sue, again, you put jack through school. are there books that don't

belong in school libraries? >> well, i would hope that the teachers would, you know, have common enough sense to know what was appropriate for their classroom and i've loved some of the teachers jack had growing up. and we are still in touch with a lot of them and we do support teachers. we have a lot of teacher scholarships at universities around the country, so we really believe in teachers. >> there are books, but it should be rare, it shouldn't be a common occurrence and shouldn't be books like this nora roberts, they banned -- that's crazy. >> john: "things i wish i told my mother," the new book by susan patterson, it is a terrific read, really is. thank you for being with us. >> thank you, john. thank you so much. >> gillian: fox news alert, breaking news out of virginia, an appeals court there has just now ruled the admissions policy

at thomas jefferson high school for science and technology ruling that it does not discriminate against asian-american applicants. the school instituted changes to the selection process for more diversity in fairfax county, virginia, this just outside washington. the parents group coalition for t.j. can ask the supreme court to review the ruling. >> john: tiktok has filed a federal lawsuit against the state of montana. this after the state banned the app now calls for a national ban are picking up steam. how tiktok's parent company is responding. >> gillian: a new twist in the madeline mccann mystery. where they are searching and why. >> german police have a credible suspect. at some stage there has to be a breakthrough in the case. the right

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>> john: there is speaker mccarthy as he transits the rotunda of the capitol there, speaking about the debt ceiling. said he didn't have any talks scheduled, if i heard him correctly, it was difficult to catch everything there. he is still optimistic that a debt ceiling deal can get done at some point. the question is when, and can it be done before the clock runs

out and america defaults on its debt. both mccarthy and the president have said they are not going to let that happen, but you know, gillian, sometimes things get out of control and things that you don't intend to have happen do. >> gillian: it's interesting to see a negotiation where both sides are locked in to not walking away. how is it going to turn out? we know the outcome. raise the debt ceiling. the question is who is going to blink first and how much are they going to give up. >> john: or maybe they each blink a little bit. but mccarthy may have trouble selling it to the freedom caucus, he would have to go for democratic support for a measure out of the house, the same position as john boehner, and we know how well that worked out for john boehner. >> gillian: this is the first hurdle to get through the house and then the summit on the mountain immediately. >> john: and it takes a certain amount of time before you run into the deadline. yellen said the deadline is

june 1st, people think that might be not exactly the case, may have a few days after that. certain ways the u.s. can pay some of its debts at the very least and continue with some spending. we'll see. it's becoming a real game of brinksmanship here. >> gillian: and the country's credit rating could be downgraded moving forward. >> it probably will be challenged, that's ok. we have looked at it from all facets and we believe we are going to stand up and protect the people here in montana, i think that's what americans want and we have taken this decisive action to do so. >> john: montana's governor with us last week predicting a legal challenge to the state's ban on tiktok and he was right. the chinese-owned company filing a federal lawsuit amid growing calls for a nationwide ban on tiktok. chief washington correspondent mike emmanuel has more on the latest twist and mike, what kind of alarms are we hearing from

senior lawmakers on this? >> mike: john, good afternoon. mark green says he has major concerns regarding back drops in tiktok's source code could give the chinese communist party access and control. in a letter i received from tiktok i was told it is possible ccp connected engineers could have a role in writing the app's source code, this puts the data of americans in danger. yet tiktok is defiant. they filed a lawsuit over montana's ban, and the china foreign ministry blasted the u.s. >> bullying act of overstretching the concept of national security. and abusing state power to suppress enterprises of other countries. >> montana's attorney general defended the state's ban over the weekend arguing other social media sites allows user to turn data privacy collection off but

not tiktok. >> you have no choice. you will provide all that information to the chinese communist party. they will comb through your personal photos, through your personal videos and look for intelligence. that's horrifying. i refuse to resign to it. >> it doesn't end there. parent company byte dance is behind lemonade, and new social media influencers are couraging their followers, an instagram competitor, many are concerned the chinese are paying social influencers and could be about two chinese-backed social media apps in the u.s. >> john: mike, thank you. gillian. >> gillian: new at 2:00, we are awaiting two briefings, one out of the white house, one out of the pentagon this hour. the biden administration is staring down multiple domestic and foreign crises right now.

and powerful surveillance tool on hundreds of thousands of americans. a government weaponized against its own citizens. how they respond? we have a louisiana congressman joining us next. and hear from bret baier, jonathan turley and trey jones, iii, all coming up in the 2:00 hour. stick with us. where our focus is to always support the people who live and work there. because you call these communities home, and we do too. pnc bank. we know patients are more than their disease. that's why, at novo nordisk, we've spent a hundred years

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