>> john: live picture on capitol hill right now where we expect the statuary hall just outside of his office in moments the speaker mccarthy will come out and speak to the assembled reporters. there is a shot of

statuary hall. about the various issues of the day. stay tuned for that because we will have it for you right here on the fox news channel. in the meantime, all new at 2. antony blinken will face reporters questions any moment now and one big question is the biden administration's beijing blitz working at all? >> sandra: who's who high-profile biden officials making trips to xi jinping. janet yellen, we remember photo up there. antony blinken, they've made trips to china in may to try and smooth things over after they go to americans. and john kerry has his shot. >> what are your expectations with the china visit? what are your expectations with the china visit? >> when asked he had grown toward the question but "the washington post" has some intel.

hale's china's incredible job on renewables. warns on coal. incredible job. critics say mixed messaging from the white house is getting us nowhere with beijing. spoon we kick off our two now. i'm john roberts in washington. sandra, good to kick off with you. speak to you as well. i'm sandra smith in new york and we will keep an eye on blinking. we do expect questions on not only china, but russia and nato as well but we start closer to home. those two key iris whistle-blowers in the hunter biden ministry mike investigation are heading to capitol hill. we will hear test money from jerry shapley and one whose identity will be revealed for the very first time. >> john: whistle-blower x. they allege that the doj, fbi, and irs into proved with the probe related to present biden. >> sandra: they have shot down

any claims of political interference. >> john: he's got on the record three times to say that he was always in charge but that is not enough for congress. they are seeking a sit down interview with hunter biden prosecutor will they get one? we will ask moments for now. >> sandra: but live at the justice department for us. david, what we expect to hear from the whistle-blowers testimony? >> to put it bluntly sandra and john, a story of privilege and roadblocks. that's what we will hear from mr. x. we will know his identity publicly on wednesday. as far as david weiss is concerned, he will sit down and to a transcribed interview we just don't know when. it's unlikely it will happen before hunter biden issues that plea or submits his plea formally to court because that is just next wednesday at july 26th. it will happen sometime. i spoke to a republican source and they believe that doj is

negotiating in good faith and they are moving in the right direction to have david weiss come forward and sit down for a transcribed interview. there are several other people that republicans want to hear from. leslie wolf and u.s. attorney matthew graves in d.c. at this point, doj did not commit to having them sit interviews. the second iris whistle-blower mr. x will testify on wednesday. first time he will probably come forward and give his recollection of what he believed happen on camera. we want whistle-blower to an whistle-blower one gary shapley's share money to be entered in court in wilmington, delaware, before the judge peers listen to this. >> we will use every tool in the toolbox to make sure justice is provided to the american public and that all americans are treated the same regardless if their last name is biden. >> he's asking the attorney general and u.s. attorney david weiss to make that happen. to actually put that testimony

in the court transcript or the court record. no word if that will happen. the judge, a trump appointed judge will hear this plea agreement. she will see david weiss and see hunter biden next week on the 26th. there is no indication that she won't accept this plea agreement because there's nothing in the docket that shows she has any questions at this point but she has every right to question this agreement and that could happen in court next week on the 26th. >> sandra: allowed to watch there. david, thank you. john. >> john: let's bring in byron york, fox news contributor. we will hear from these whistle-blowers on wednesday. there may be a transcribed interview that the committee gets with david weiss. it will be interesting to hear from all of them because byron, there are so many contradictions in this case. >> there are. and it's a good thing that everybody is getting to hear from them.

especially from whistle-blower x. orb whistle-blower number two who has remained an ominous up to now. we read the transept of his interviews with the committee but we haven't heard him talk. one thing that will be fascinating about these two whistle-blowers as they testify is what democrats do. will they be in full defense mode for hunter biden or will they tried to destroy the witnesses and their credibility or will they try to lay low and wait until it is over? there are two ways an opposition party can do with this thing. it'll be interesting to see what they do. as far as david weiss is concerned, it's a flat contradiction between what the whistle-blowers says he heard david weiss they and what he says about whether he was forbidden from bringing charges against hunter biden in the district of columbia. >> john: this whistle-blower x

has a lot of injury going on in washington. we always love a mystery. here in d.c. we don't know a whole lot about him. he is said to be a democrat, a career government employee, and irs criminal investigation agent. apparently his identity is going to be revealed during the hearing on wednesday. how might this affect depending on the hunter biden plea deals? >> most importantly, whistle-blower x has the most hand on knowledge of the irs hunter biden investigation. gary shapley the whistle-blower we know about who's out by name was the supervisor of this investigation but whistle-blower acts was the lead agent on the investigation and if you look at the transcript of the testimony he has given, he's very hands-on and has all the numbers and all the facts and is somebody that was dealing with this investigation every single

day and they both by the way have been taken off the investigation by the irs. i think the republicans would do well to delve into the details on this. to get into the weeds and find out what hunter biden was doing. as far as i will end up before the judge who is going to approve or not approve the plea agreement between hunter biden and the justice department, it would be more likely to do so if it produces new facts. about the investigation. >> john: i want to quickly switch gears. antony blinken at start of the press conference. let's go to that now for a little bit. >> to defend u.s. national security, to sustain the strength of our alliances and partnerships around the world, to ensure that their foreign policies advancing the interests of the american people, we did our best possible team on the

field. by failing to confirm these nominees, a handful of senators are keeping our best players on the sidelines. i worked in the senate for ye years. so of course at president biden. i respect and value it's critical role. it's crucial to ensuring that we have highly qualified individuals were present in the united states around the world. but that is not what is happening here. no one is questioning. it is irresponsible and it is doing harm to national security. confirming these nominees matters. spew and we will jump from this to something else appeared sandra. >> sandra: heading to capitol hill where kevin mccarthy is taking questions. let's listen here. >> this administration has not solved it. we are drafting legislation to help solve many of these problems. the faa reauthorization will go through that. that is on the floor now. we are taking up a number of

amendments with the preparation process. i know this is unusual on the senate side because not a lot gets done over there but after the debt ceiling putting the provision if we don't get the 12 bulls done and 1% cut, i'm proud of the senate to have through the committees getting some of their work done. that's a new day but i do want to remind the senate i will not let an omnibus on the floor of the house. we should do our work, do our job, and i'm thankful you are here and statuary hall continuing to see that this is the people's house. we keep it open to the public, members are now back to have to actually work in congress prayer they can't stay home. bills have to go through ready. it's a new day and a new era in congress and we will continue to work for the american public and commitment to america.

>> two questions there. let's take the first one. the comments. this is not the first person in the democratic conference that has continued to make anti-semitic comments. we have watched with they have continued to do. there are a number of them over there. i think if the democrats want to believe that they do not have a conference, that they continue to make anti-semitic remarks, they need to do something about it because they have defended these individuals time and again. the only time action has ever been taken is when we had to take the action. i think this is a role for the leader to prove that no, they are not anti-semitic and they cannot allow their members to continue to say what they have said in the past.

think about what we are talking about. you reach the one issue of what she called israel. on a week when we have the president of israel coming to give a joint session. on the 75th anniversary of the creation of israel. the closest ally. within minutes of israel becoming a country, america recognized that but now we have leaders in the democratic party. she's not just elected as a democrat in the conference, she's a leader of the caucuses. she's making these comments. but think before also congresswoman omar said. she quoted the u.s. military and israel's security forces with hamas and the taliban. she said support for israel is all about the benjamins. supporters of israel have allegiance to a foreign country. to lead. what did she say inside the

conference? that she had a calming feeling when discussing the holocaust. who in their right mind could say that question what they introduced a resolution to condemn israel and support palestinian organization. these are multiple democrats multiple times saying anti-semitic remarks and it has got to stop. these are all individuals in the democratic conference. do they think that israel is an evil state? if they believe differently, they should take action against their own for the comments coming from their leadership within their own democratic party and that's wrong. your question about rfk. i disagree with everything he said. the hearing this week is about censorship. i don't think censoring somebody as the answer here. i think if you were going to look at censorship in america,

your first action probably plays into the problems we have. >> thinking of censorship. they are centering congressman george santos. you have said that the ethics investigation should and probably paired will it end before the august recess and how should we vote? >> think about what the democrats are doing. they've brought this up numerous times. this is their entire agenda. the american public wants him to focus on a little more but the one thing i will tell you here it is we have this sent to ethics. ethics needs to do your job. is all you know because you've covered this body. ethics is the equal number of republicans and democrats. we don't get involved. these are individuals who do their job and get their worked on and follow through on whatever they need to. >> thinking of ethics. ethics for the supreme court. mcconnell has said that congress does not have jurisdiction over the supreme court to do this but yet senate democrats want to

continue to break ethics for the supreme court. >> the supreme court and the three separate branches of government have the ability to oversee themselves in this process just as the house is doing their work here. but one thing i will say as well, when we look at the commitment to america when the republicans took the majority. we said we would open the house up and we would hold ourselves accountable to the process. we would make streets safer and we would put parents in charge of education, parents would have those right. we'd make yourselves independent. hr when we fast. we will bring back work requirements. ringback jobs. we are doing a number of things exactly what we say and commitment to america. i don't know what they have. it's just to bring anti-semitic comments. i think america expects more. let's make our streets safer, our economy stronger, more

accountability to the government and that's what we are focused on. yes, sir. >> let's get history right. we invited in the last conference to come based on the 75th anniversary. it has nothing to do with netanyahu. but president biden snobs netanyahu. a couple different concerns. i don't want to see if somebody

can build upon ai. i watch the european union has done and in their guidelines and has taken capital away and people walking away from europe and investing in ai. i want to see an ability to foster ai here in america. but at the same time protect us from any fears that we may have. if you have followed and covered some of the things we have done here already, i think it is appropriate that we educate all members on artificial intelligence so i have brought in mit. mit has a course that teaches ai and quantum to the generals in our military. two years ago i took a number of members over to mit working with them to develop courses for members of congress. we brought them into joint sessions down in the auditorium. i brought sam altman. we will continue to do that. i've convened a number of members on both sides of the aisle following those meetings based upon those who have

interest in ai and others and we want to work collaboratively together on being able to crack legislation that fosters the growth of ai while protecting it from any fears that some may have. not at all. i think we will be able to cure cancer and many other things based on ai. i think we will have greater efficiencies when it comes to ai. i think we will be able to foster a lot of positives through artificial intelligence. why wouldn't we want to advance america? why wouldn't we want to advance society? why wouldn't we want to make somebody safer? we could battle wildfires with iri. we could predict where a fire start, reposition individuals to knock the fire out. it would not only save lives, it would save the environment. with ai we could find a better way to treat you. with ai, our military will be able to be stronger. with ai today, we use in the

military. 50% of planes can fly. we use ai to predict the part that is going to fail in the plane and now we are up to 75% and 85% of planes can fly because we change apart before it collapses on itself. ai can help government save money, be more efficient. i'm always looking for improvements and that's where ai can be. the fear of other things, that's what we can look to make sure we protect. but i'm one who believes that tomorrow's going to be greater than today and i'm one who firmly believes america has had the greatest advancements especially in technology and we should be the leaders in this and really how government handles this will determine if america continues to lead in technology.

you know the most important thing is not the freedom caucus, it's america. i know this is different than washington but the new thing here. we have now become the majority based upon the american public trust in us. we have kept our work. bills now get 72 hours to read them. you can now see if the 12 appropriation bills that have come out. that is unheard of. you have to ask this question but unfortunately for america to understand, that's how democrats ran the place. people could not see what you could vote on. we would like america to know we are not ashamed of the work we are doing. we want people to see that this is their house. this is their money and how it is supposed to be spent and they should have a say in it. and that's what we will do. we've put out three moments on friday.

those will be the first that come to the floor but we want people to have plenty of time to offer more amendments. i know many of you were concerned i was offering amendments. let me be very clear to all of you. we like the idea that all members have a way that the bill is done. that's how it's most democracy. that may be different in a new congress. you could have and i met you vote on and it can fail or it could pass. that's the will of the people in the will of the house and that will take place. i'm not quite sure what you are

talking about. people are offering for input and debate and they can find that. speak of the supreme court has made a division on that. i'm not quite sure what the president is thinking of doing. he's trying to make 70% of america pay for 10% of america and i don't think that's right. if you take out a loan, you say you will pay it back, in america, you pay the loan back. it's improving or life skills. if you want to take the investment you pay your loan back. yes, sir. i will meet with the 13 gold stars families. i want to make sure that their loved ones are never forgotten and the sacrifices they made. this is a personal meeting and i'm not going to share what goes on but i want these families to know that there loved ones will

never be forgotten. the sacrifices that they made, this country is grateful. i've met with some of them before and i will meet with them to express our gratitude for the service their children, loved ones, brothers, sisters have done. >> these are good discussions and healthy discussions. we found that people are living longer. it's a good thing. people want to continue to work more. even if you read malcolm goldwyn books 10,000 hours. we have requirements for how long someone has to train from how many hours before they go. it's good for the workplace.

if people have a lot of experience with flight hours, that's a positive thing. we have a pilot shortage and we are at cancellations. we have more people working with a longer experience for a longer term and they get to make that decision. that's called freedom in america and safer travel and solving problems. that's a positive thing. >> i will continue to see but i think if we had found a ufo, i think the department of defense would tell us because they probably want to request more money. i would love to see whatever facts and information we have. i'm very supportive of letting the american public see whatever we have.

>> thank you for reminding me the day of the week. it's monday. on monday you reporters ask me can i pass a bill by a certain date. you asked me a question about 2 appropriation bills for this is the entire funding outside a mandatory spending but not one part of your question dealt with any policy within those 12 bills. your concern is will we pass it by a certain day and could we pass all of them and whether there is that. you ask about a lot of bills but no one ask about policy much. but you did. thank you. we will get her bills passed like i said we will. this is a new congress with new leadership. i would understand why you want to ask that question because you ask it every single monday. you will ask me if i still bring it up this week because you think it's going to collapse and will i still speak.

by wednesday you will ask me are you sure it's going to be brought up? on thursday when it passes you will say that was no big deal. then it will come right back to monday. and i will come back with the same question. i'm never going to give up on the american public, this is a new house, we run this differently, people are invited to come. bills go to the floor and there will be amendments because the people want to have their voices heard. at the end of the day, we are not going to do a nominee. we're going to make numbers show up for work. bills will be debated and committees. you will get 72 hours to read it. thank you for asking monday's question. you win the prize today. >> you guys are very good to try and categorize individuals based

on some conference or not. let me tell you one thing we have a republican conference. every day we work with the entire republican conference to solve our different concerns. the one unique thing is everybody gets to voice their concerns. as we move through different bills, everybody has the ability to talk about it. we are always looking at ways that we are allowing people to keep more of what they earn. we want fairness, we want equity. as bills come through ways and means, where they mark up a number of them, this is not a full tax reform bill. i look forward to talking to you all week i look forward to your tuesday questions, wednesday questions, and i look forward to thursday on the faa built but on monday you thought we couldn't do it. >> sandra: mr. speaker of the house kevin mccarthy there addressing several topics of the day. an interesting moment on ai legislation. i don't want you to see a government approved agency in

charge. he believes ai will be able to cure cancer. could battle wildfires. he just doesn't want a government agency in charge here john right off the top, addressed to controversies with congresswoman jaya paul and the comments by kennedy as well. >> john: too many times the democrats have shown the anti-semitic stripes. that they have to do some things that that nation knows the democratic party is not the anti-semitic party and this has to stop. we will see what happens. she brought up a lot of controversy with her comments. >> sandra: and i deserved everything he said. i don't think censoring is the way to go. on those remarks, maccarthy said this is not the first person to make democrats need to do something about it and they cannot continue to allow this. all of that for mccarthy on the hill. >> john: a busy monday so far. the whole week ahead of us. coming up next, the supreme court may have outlawed the consideration of race and

college admissions but some institutions apparently are planning to do it anyway. gwu law professor jonathan turley has a suggestion that could end the practice for good and he joins us coming up after the break.

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>> sandra: a frantic search in pennsylvania for a toddler and her baby brother. swept away and rising waters from flash flooding over the weekend. happen saturday night. that killed five people. katie byrne is joining us now. live from upper may ship town field. a heart story. how are search crews looking for these children? >> they are allowed to use a lot more equipment and search for 9-month-old baby boy conrad and 2-year-old matilda. police confirmed their identities in the last hour and they say with whether improving they are able to use equipment in the air, underwater, and

canines on the ground because the rain has let up. we look at the search intensifying for the brother and sister. we've seen several trucks carrying in boats to the scene. they are still missing as five people are confirmed dead appeared among the drafts the mom of those two kids. they were swept away when torrential rain submerging the road that they were driving on in feet of water. the family of those missing children were driving to a barbecue when the road flooded and they got out to escape the flood on foot. the dad grabbed his 4-year-old son and miraculously escaped to higher ground with a mom and grandmother went to get the baby and the grandmother and they were all swept away. the grandmother survived and now many are holding onto hope that this family can be reunited with these little ones. >> we have search teams assisting us from delaware, chester, parts of bucks county, new jersey, we also have deployed k-9 units underwater assets, air assets, the

reason we've done that is weather conditions. >> some survivors say they held onto trees while they waited for rescue crews to get to them. they were able to rescue eight people from the cars and people from a creek. one car ended up a mile and a half away. >> sandra: horrible. we are praying for those search and rescue efforts. thank you for the update. >> john: a terrible situation. in better news in pennsylvania or the hunt for an escaped inmate is over paired pennsylvania state police arrested michael childs berm on sunday after he managed to avoid police for nine days. he used his bedsheets to escape from the warren county jail back on the 6th of july. a crucial tip to help lead to his capture. i'm sure that people are feeling pretty relieved that he's in

custody. >> they are. the escaped inmate is back where he belongs, behind bars. people are breathing a sigh of relief there. his name is michael burham and he's a murder suspect was finally nabbed after hiding in the pennsylvania woods for nine days. police say he was found and his clothes were wet and dirty. his prison pants turned inside out. he broke out of the war warren county pennsylvania jail using the bedsheets. just like in the movies. a self-taught survivalist and managed to elude authorities until saturday. he was caught not far from where he escaped. take a look at the images that show him at the time of his arrest. warren township heard of their dog tucker barking in the back yard. they went out and get to they found a question mark him. started talking to them and he said he was camping. ron and sidney said that before he got out of the tree cover i

had my phone out dialing 911 and emphatically said you people need to be here now. he's right now. no doubt about it. police showed up. >> it's been our all along. pushing to have him make a mistake. was spotted. you all and i had a getting the word out and making sure people knew what he look like, who he was, and they needed to call us right away. they did exactly what we ask and what you asked. he is in custody. >> authorities about on burham's trail finding makeshift campsites that indicated he had not gone very far. he suspected in the rape and killing of a 30-year-old jamestown woman and kidnapping of an elderly couple we forced to drive to south carolina for releasing them. there will be a call from crime stoppers because they called the police to catch him. now he's being held in the

erie county prison which has higher security than the local jail. >> john: $2,000. you think they might kick a few more sense. he was said to be dangerous and stay away from him and they were up there chatting with him. what a great story. glad he's in custody. eric, thank you. >> president xi is the major decider of the direction and policies. >> is he a dictator? >> i don't think so. >> sandra: john kerry refusing to call president xi jinping a dictator before jetting off to beijing. his trip, sabina administration works through repairing relations overseas. we will ask roger? date the top democrat on the committee asking dominic on chinese competition.

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>> sandra: a live look at the briefing room where we do expect to see john kirby at the podium. that is expected to happen and just a few moments from now. meanwhile secretary of state antony blinken delivered reports after his overseas trip to china but the high-stakes talk appears to have made little impression with the chinese counterparts. russia krishnamoorthi joins us. the leader of house committee on china. do you believe the administration is going tough enough on china considering the circumstances? >> i think so. if you look at what the actions are with regards to trying to combat aggression by the chinese communist party as well as what they are trying to do with our allies and partners and trying

to restrict sensitive items from being exported there that could be used against us, i think those are very good positive steps in the right direction. >> sandra: this is representative mike gallagher, your republican colleague in the house on the biden administration's zombie engagement with china. i will get it your reaction to this. >> the bite administration is trying to revive the policy of diplomatic and economic engagement with the chinese communist party. despite that having failed for two decades. the risk is that we do concede things in order just to get a photo op and get to the negotiating table. there is a real cost of the zombie engagement. >> sandra: i don't need to tell you congressman. you saw these pictures of janet yellen bowing as she walked into the room and there are some objects that are out there that this is not an administration that is showing they are cracking down on china. janet yellen for example was asked in a brand-new interview if she asked china about the

china email hacking. that did not happen. why are these very relevant topics coming up in discussions when meeting with these chinese officials? >> they should come up and i like mike even though he is a green bay packers fan. i know you are a chicago native so you understand where myelogenous is light. but you need to be talking to them and you need to bring up the topics that you raised. but at the same time, not talking to them is not a good idea. we should be talking but of course actions speak louder than words and we need to convey to them what they need to do to curb the aggression and the other behavior that we need to see change. >> sandra: it's this is kirby on the blink and yell in china trips and you will get your reaction. >> that's what we are pursuing. secretary blinken had a good set of discussions and did he come back with military lines of

communication open? no but we didn't expect it. secretary yellen had good conversations about trade and economic relations which is the most consequential in the world right now and needs to be on a better stable footing. that's good for american jobs and good for the american pe people. >> sandra: that is john kirby and that is what we have heard from him on this but we are awaiting john kirby to take to the white house podium, congressman, and potentially hear from him on a different issue. at this briefing, it is a good possibility that this cocaine investigation at the white house could come up. this is kirby on the secret service saying that they did the best they could on finding who brought that into the white house. listen. >> they did the best they could to track down how it got there and who it might have belonged to. they just were not able to come up with any forensic evidence that proves it. >> sandra: did that suffice for you? it seems that the investigation was brief. it is the most secure building potentially on the planet and they just close the door on it.

should we be okay with that? >> i hope that they continue with their investigatory tactics and trying to get to the bottom of it. >> sandra: to be clear, it has ended. the investigation is over. >> i hope that they reconsider and think about what more can be done. i don't think it should be taken lightly, i don't think it is but at the same time, we need to recognize that the white house should be a facility that we know exactly what is entering and leaving. certainly in terms of substance is like this. >> sandra: one thing i want to ask about is on the economy. there has been a new fact-checked by twitter on an economic claim that the president made about real wages being up. right no real wages for the average american worker is higher than it was before the pandemic appeared they are seeing the largest gains and that is being flagged by twitter as false. the last time they did that was

on claims by the president that the deficit has been lowered under the administration. it's being fact-checked accurately because real wages are down. we are paying prices that are 16% above where they were when this president took office. why do they continue to make these claims that just aren't backed up with numbers? >> i think you have to have a verified accurate number that is issued. the most important thing though is you are absolutely right. american workers and families know that there has been progress in lowering inflation. they know that the job market is stronger and they have more purchasing power than before to buy the things they need but there are not where they need to be. we need to see more progress and i'm hopeful that the biden administration will continue to work on that as they have up to this point. >> sandra: it's the sentiment

that people are feeling out there. there are some good signs out there in the economy but we still have polling that shows people are frustrated with the finances. we need to take notice and wages are an issue. thank you for joining us congressman. and by the way, it's cubs and bears. i am a fan. thank you so much there. john? >> john: i thought we heard it all when it comes to attacks on supreme court justice clarence thomas but wait until you hear what minnesota's elected democratic attorney general keith ellison has to say about justice thomas. jonathan turley is asking when will democrats finally speak out against these attacks. he is coming up next. o me is knowing that i can be free to do the things that i love to do. i hope when i retire someday, they say, that guy made this place a special place to come to school and gave as much as he could to help the community.

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>> the former member of congress and current minnesota attorney general keith ellison taking some criticism after likening clarence thomas to a character in jengo unchained. he said if you want to know about clarence thomas, look to stephen in that movie. joining us more is jonathan turley, george washington university law professor and a

fox news contributor. this caught your eye. what do you think about attorney general ellison had to say? >> well, to use his words, if you want to know about ellison, read that statement. it's racist, it's reprehensible. what is really quite chilling is that we haven't heard from any of the elected democratic officials in minnesota condemn it. where is the governor? where are the u.s. senators? this is outrageous. it's got to stop. there's got to be some limit to all of this rage. this is the chief legal officer of the state of minnesota using this racist trove. you also him making just a bizarre statement that thomas is illegitimate because he has views that differ from ellison. he suggested he should be removed because he's not voting the way that ellison should vote. this is the same politician that priced antifa. he said they would put the fear in to trump and republicans.

i mean, there's got to be some limit here. the question is when will the silence be broken and when will a democrat step forward and say this is not where we need to be. >> john: yeah, seems to be a widespread effort by democrats to discredit the court because they don't like the makeup of it. ethics at the supreme court came up with kevin mccarthy, speaker of the house a short time ago. democrats are pushing the supreme court ethics recusal and transparency act in the senate. mccarthy was asked about that. listen here. >> speaking of ethics, ethics for the supreme court. you know, mcconnell has said that congress doesn't have jurisdiction over the supreme court to do this, but yet senate democrats want to continue to bring ethics reform to the supreme court. >> i think the supreme court with three separate branches of government has the ability to oversee themselves in this process. just as the house is doing their work here. >> john: do you think the supreme court should continue to oversee itself or should

congress put their nose in here? >> well, look, i've always that the supreme court should be subject to the judicial code. but this is a very blunt instrument for something that has to be very precise. this goes too far. what is really necessary is for the supreme court to accept some outside review on these issues. that would be of a benefit. but this is -- this proposal has things like mandatory recusals. that raises serious constitutional questions. i don't think it's necessary. it's a bridge too far. that's why it's going to collapse. >> final topic, this is on the affirmative action decision recently handed down by the supreme court. john roberts in the majority opinion said "eliminating racial discrimination means eliminating all of it. some colleges have indicated well, maybe we'll just ignore the supreme court and go ahead

and continue to take race into consideration. you have a solution for this that you articulated in the column. explain. >> well, i think these educators have to be careful. they're really forcing a confrontation particularly with the states for state universities. academics treat these states like they're a credit card. that they're somehow a captive audience that just has to pay annually for a higher education despite the fact that these universities are becoming more and more intolerant of diversity of viewpoints. the nuclear option is if this goes too far, states could take over the admissions process. one of the moves anticipating this decision was to get rid of standardized tests. that's a way to make it more difficult to establish racial discrimination. states could say no, we want standardized tests and want them to be the primary basis for

admissions. >> ohio's attorney general says there will be consequences if the state colleges ignore the supreme court ruling. we'll see if anybody takes you up on your suggestion. great to talk to you. thank you. >> thanks, john. >> john: sandra? >> sandra: a fox news contributor news alert. a live look at the white house press briefing room where we know that karine jean-pierre will be holding a white house press briefing. john kirby will be in that room. so there will be some big questions there to watch for as it's been a busy monday news day, john. >> john: one of the questions that could come up, likely will come up is the question you asked a few minutes ago, this investigation into who left cocaine at the white house wrapped up with the secret service saying we tried our best but we couldn't figure out who it belonged to. a lot of people said a dusting

for fingerprints might lead you in the right direction. and the investigation should be continuing now. >> sandra: that was a remarkable moment. he said i hope their investigation continues and they dig further. only to reminds him, no, the secret service has said this investigation has concluded. it's over. they closed the door on it. there's many that are not satisfied with that. this happened in the white house. one would assume there's a heavy presence of cameras all over. obviously security. to those that say, well, it was in the west wing. those are people that are known to security there. even more so. they're on the record being in the room. >> john: i know from spending a lot of time in the white house, there's cameras all over the outside. but not necessarily on the inside. particularly in an area where you would have to leave your cell phone and anything else

that you brought with you. one of the areas where we had to leave our cell phone is if we were going in to see the national security adviser. there was a black box that played white noise. i don't know the cub by that this was left in but i don't believe there would be cameras there. >> sandra: i spoke with someone on the secret service. he says he does not believe there's cameras in that area. that doesn't mean the investigation shouldn't continue. thanks for joining us. i'm sandra smith. >> john: i'm john roberts. "the story" starts right now. >> martha: we're waiting to hear what the white house will say. that should be any moment now. it's john kirby at the podium, which will be interesting. we know that the secret service hung that up iesga