plus new york governor andy cuomo is facing a barrage of calls for his resignation as he defends himself against allegations on multiple fronts. i will speak to new york governor george pataki whether como could be impeached. dow industrials nearing a record high. another choppy trading session. look at big tech stock. most are paring losses trying to shake off inflation worries but apple is down roughly 3%. checking in on the 10-year treasury, on pace for a 13-month high on the yield. it is below that 1.6% mark on the 10-year yield but still troublesome for stock investors. the market seeing positive trends on vaccination and economic front on a week which marks one year since the global pandemic. get to capitalist pig hedge fund manager jonathan hoenig and annandale capital ceo, george seay. welcome, gentlemen. jonathan what do you make of the reaction in the markets? reaction to the high growth stocks, higher yield on the 10-year? >> yeah. dagen: do we continue pattern selling off stocks, higher yield in treasurys? >> dagen, we're seeing something we haven't seen in the market for a l

the calls are growing among democrats for andy cuomo to resign. thleen rice becoming the first democratic member of congress to call on governor cuomo to resign after the third woman came toward with accusations of inappropriate behavior. there have been other democratic lawmakers in the state who have called for him to step down as well. i could go through the list. politically, his career is over. but i don't want -- i don't want us to forget the fact that andy cuomo's nursing home order killed more than 15,000 elderly new yorkers and he lied about it and he stonewalled and he covered up the number of dead and he stonewalled even the department of justice and an inquiry that they were conducting into the number of dead elderly in nursing homes. something needs to be done about him. and we need to address that and of course the harassment allegations at the same time. maria: yeah. well, that was my thought earlier. you know, a lot of times you say why now, why is this happening now. and yesterday i said, well, maybe it's happening now because some

including 15,000 elderly that were killed by andy cuomo. >> juan: okay.ng she's done deaf for the responding of a deadly carjacking of an uber eats driver. that's next on "the five." ♪♪ >> jesse: the mayor of washington d.c. getting called out for a tone deaf treat and preventing auto thefts after a deadly uber eats driver. two teens have been charged in the death of mohammed anwar after they assaulted him with a stun gun and drove off with his car. the girls crashed the car while anwar was still hanging on and he died. juan, you're in d.c. a story in our nation's capitol. you have an innocent minority victim, harrowing footage, sadistic behavior. just coming off a year. you've seen records surge in homicides. why didn't this story get more coverage? >> juan: gee, i can tell you, it's not that i would say it's top of the front page or top of mind for everybody in washington, but people are talking about it, jesse. in part, what it is, you have these teenage girls. they're lit kids. they're not gangsters. they're not hardened criminals. i don't think they

immigration deal and it's doa because there was no border enforcement, so up next, the huge development andy cuomoer-up. a report to hide nursing home deaths while he was working on his book praising pandemic leadership. ♪ ♪ cell phone repair. did you know liberty mutual customizes your car insurance so you only pay for what you need? just get a quote at libertymutual.com. really? i'll check that out. oh yeah. i think i might get a quote. not again! aah, come on rice. do your thing. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ are you managing your diabetes... ...using fingersticks? with the new freestyle libre 2 system, a continuous glucose monitor, you can check your glucose with a painless, one-second scan. and now with optional alarms, you can choose to be notified if you go too high or too low. and for those who qualify, the freestyle libre 2 system is now covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestyle libre 2 dot u.s. ♪♪ if you have postmenopausal osteoporosis and a high risk for fracture, now might

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gavin newsom or andy cuomo? they are both going down. they are in charge of 60, 70 million people.hat. i like gavin because he blames himself for carrying too much. if only he didn't try so hard to save lives he wouldn't be on this cross wearing a crown of hair gel. it isn't texas. it's california. a state that is bluer than the cookie monster. the dems have to do a lot to get recalled. to the teacher's point, what if firefighters or nurses or police officers with the people preparing and getting your food to the supermarkets did this? there is a dual message going on with these teachers by not returning. that they aren't essential. everybody else that i just mentioned are essential and maybe they should all be fired. >> jesse: i have a confession to make. earlier in the year i predicted gavin newsom would be the nominee for the democrats. i think that's totally out the window. >> dana: it wasn't a bad guess. it wasn't a bad guess. but i don't think so. he might have a better chance of winning nationally with the democrats that he doesn't california. the issue for him in california

i will never, ever, ever stop talking about the 15,000 elderly people who died because of andy cuomo's home order. i will never stop talking about the lying and the stonewalling. and the coverup orchestrated by this governor. i will never stop until there is justice. and i always promise to give those grieving families a voice. speaking of justice, you have a justice department investigation on multiple levels. they are investigating, you know, in this civil rights division. the civil division. again with the civil division request, they drag their feet. the cuomo administration did. in handing over information about how many individuals really died in nursing homes because of the order. now you do have what does appear to be a criminal investigation in to the coverup which was admitted by cuomo's aide melissa derosa. you have seen a number of people leave the administration. cuomo hired a defense attorney. they have seen people leave. all they have to do is the defense will come in. it's a crime. it's very clear this could be a federal crime on multiple levels. withholding information

more than 15,000 elderly people dead because of andy cuomo, a number that he tried might ely to cover is really put into high gear the impeachment proceedings in albany but that falls on the assembly speaker, carl heftie. i'm without words. i have the words, i just can't use them on national television at 7:30 in the morning. maria: yeah. i mean, it's extraordinary. and you raise the right point, dagen, and that is the nursing home scandal. a lot of other situations have sort of clouded out the news on that. that's where the governor actually hired legal counsel, not for the sexual harassment claims. dagen: indeed, he's hired a defense attorney who i believe represented woody allen when woody allen was facing -- well, he still is, but the sexual assault allegations, sexual abuse from his daughter. same person, same defense attorney, i believe. high powered attorney. but again, i don't think that the people of new york and those whose of relatives died in nursing homes, i don't know how much more and all the women who alleged sexual harassment, how much more do we have to tolerate as a

but janice now with the sexual harassment allegations seems to have taken really put more heat on andy cuomobully threatens people been that all along more and more democrats seeing the it ron kim gave a voice to women to come out say this is how i was treated but i just want to know where you think this does happen, go, rather. >> i think that the #metoo movement is a convenient one for lawmakers who have been complicit almost a year have not tried to get an independent investigation in place. so the fact that this governor is now being called out for creepy me, too stuff i think easy for them to jump on that bandwagon almost muddy the waters into what we really need what this could be, and that is potentially a criminal investigation, i liken it to al capone you know for the tax evasion, right got him on tax evasion get in governor on me, too instead of the real reason, of corruption. maria: this is a really important point, i want to stay on this point janice stay with us we are going to take a break because the real crime here the serious allegation is underreporting by 50% of covid deat

because no matter how many dumb things chris cuomo say it is gets worse for andy everything is misdirectiono pay attention to the cuomo and cnn this other cuomo he's got his nursing home scandal and now they want to focus on the ladies when the thing is he has a real scandal that we should be paying attention to that is much worse this is why in democrats because there's about 15 or 20 governors who did what cuomo did with nursing home and covid policy and they want to pox on the women. because it takes the focus off what they did wrong. >> i think you're arguing over which massive scandal was more massive that is wrong. >> now claiming i'm an outsider. i'm not part of the political club. i was thinking as i was driving to work other the mario cuomo news this morning what outsider i am. >> he wasn't driving. [laughter] >> you know, tyrus i'm still pissed off that he's -- >> saying he was black on the inside? >> oh, no you can go with that. sphwhreg if we all have that power. boy. >> on the inside bro, let me go. [laughter] sometimes you just shouldn't. i for one i always stay same thing eve

andy. a short time ago mayor bill deblasio said cuomo should resign if the claims are true. >> these are very serious allegations against the governor in terms of the nursing home scandal and in terms of sexual harassment. a third woman has come forward. if these allegations are true, he cannot govern. he would not be able to govern. it is as simple as that. >> harris: bryan llenas is live in brooklyn. >> this is the first time that we are seeing evidence allegedly showing new york governor andrew cuomo at the very moment that he is said to be sexually harassing someone. anna ruch provided this photo to the "new york times" and both ruch and times say it was the moment cuomo put his hands on the 33-year-old's face after just putting his hands on her bare lower back. when she removed her hand -- she was confused, shocked and embarrassed. fox news hasn't confirmed this information and reached out to ruch and cuomo's office. cuomo has also been accused of making inappropriate sexual remarks and unwanted kissing and touching by two former aides. allegations he denies. yesterday governor cuomo off

a jerk and you say no thank you and someone who is sexually aggressive andis in all of these instances even if they are true cuomo did nothing that was should make him be removed from office and, by the way, i don't think al franken should have resigned either. i do think that, i mean, you have donald trump on rape charges from going into a dressing room and shoving someone against the a wall and raping them and you want to pick on andrew cuomo? >> host: three women have identified some type of harassment or at least uncomfortable withh the governor's actions that doesn't concern you at all? >> to be uncomfortable with someone coming on to you is quite a bit different than sexual aggression. you simply say no thank you. i am sure he wasn't going to slam her against the wall and demand that he kiss her or something but you just simply say no thank you. >> host: tara in cherry hill, new jersey, independent line, good morning. >> caller: hello, good morning. i just want to let you know from life experience and what i have witnessed in the scene of politics, this is the political set up and i think al franken should

andy slavitt is standing by. lots to discuss. growing calls for new york governor andrew cuomo to resign amid a report of yet a third woman now accusingmaking unwanted advances. if you're 55 and up, t-mobile has plans built just for you. get 2 unlimited lines for only $70. and now get netflix on us with your plan. and this rate is fixed, you'll pay exactly $70 total. this month and every month. plus, switch today and get a free smartphone for each line. the best value and award-winning customer service. only at t-mobile. i'm a performer. always have been. and always will be. never letting anything get in my way. not the doubts, distractions, or voice in my head. and certainly not arthritis. voltaren provides powerful arthritis pain relief to help me keep moving. and it can help you too. feel the joy of movement with voltaren. do you have a life insurance policy you no longer need? now you can sell your policy, even a term policy, for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized that we needed a way to supplement our income. if you have one hundred thousand dollars or more o

. >>> groonovernor cuomo could be fighting to keep his job as a third woman came forward the post wrote "handsy andy. andrew siff from w nbc is following the story for us. >> reporter: a new accusation in a growing scandal. this picture provided to "the new york times" by 33-year-old anna r ouk said 20 minutes after meeting governor cuomo at a wedding he put his hands on her back then he called her aggressive and placed his hands on her cheeks he said, can i kiss you. she said i felt so uncomfortable and embarrassed when he should have been embarrassed. governor cuomo stayed out of sight on the one-year anniversary of covid in new york that prediction from earlier in the day as legislators reacted to earlier accusers. >> the allegations are serious and troubling, and so that process has to unfold. >> reporter: former aide lindsey boylan wrote that cuomo suggested a game of strip poker and gave her an uninvited kiss in his office. cuomo has denied that in writing and more generally back in december. >> a woman has the right to come forward and express her opinion and express issues and concerns that

cuomo underway right now. so far nothing on the harassment allegations or impeachment investigation against him. andyaking news is next. here's exciting news for veteran homeowners who need cash. refiplus from newday usa. it lets you refinance at today's record low rates plus get cash. with mortgage rates low and home values high refiplus can help you lower your rate plus turn your home equity into an average of $50,000. money for security today. money for retirement tomorrow. refiplus from newday usa. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® works differently than any other diabetes pill to lower blood sugar in all 3 of these ways... increases insulin... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. people taking rybelsus® lost up to 8 pounds. rybelsus® isn't for people with type 1 diabetes or diabetic ketoacidosis. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have

andy you might be in a nursing home. emily you are a legal mind here is cuomo to? >> i think he is.prefaced that statement by saying my attorney told me not to make a statement. my piece of legal advice for everyone if your attorneys tell you not to speak, don't. he dug himself into a deeper hole. first he talked about his intent the entire time. he should know because he requires all of his employees to take this sexual harassment training so we know the law for outward and backwards. his intent doesn't matter and how it's perceived and there were a million things in the questions that were immediately proven wrong. they are ticking the boxes but what smart telling on a national level people in his own party haven't quite come out but that same vitriol they did to past situations like this without credible allegations like where are they now? the would be nice if the pendulum stayed in the middle which is amplification a platform to speak. all investigations transparency and fairness and we wait for that conclusion but here they someone we know thus far he is toast and it seems lik

cuomo. >> john: we will ask a man who knows the process as well as anybody. andy't know. i think they look good, man. mm, smooth. uh, they are a little tight. like, too tight? might just need to break 'em in a little bit. you don't want 'em too loose. for those who were born to ride there's progressive. with 24/7 roadside assistance. -okay. think i'm gonna wear these home. -excellent choice. introducing colliders. ♪ if you love it, spoon it. ♪ your favorite candy flavors twisted, ♪ chopped or layered into cool, creamy desserts that are made to spoon. new colliders desserts. find them near the refrigerated pudding. >> fox news alert now. the biden white house announcing two more senior administration officials heading to mexico and beyond. the plan is to continue to guatemala where many of the migrants flooding the u.s. border are beginning the dangerous journey. >> john: they say the purpose of the trip to address the root causes that make people want to leave central america in the first place. the white house says president biden seeks to spend $4 billion to add

for more insight of the legal trouble andrew cuomo could be in we will bring fox news contributor. andy of all of the subpoenas by the wall thestreet journal. >> on the one hand the latest information that we've gotten about preferential treatment this is the least one in terms of public policy. but it's a big problem for him because it's a black and white violation of the ethics laws. so, you know, there's mirkiness about the sexual harassment allegations in that they're obnoxious and appalling but only one of them so far rises to something that would be like a criminal assault on the -- under new york law and the numbers on nursing homes death, that's mirky because i think that is going to end upcoming down to information that they can seal rather than positive lies that they told and harder to proven material omission of positive lie. but the ethics thing where he gives preferencial treatment especially for his family is something that people can easily wrap their brains around and a clear violation of the ethics laws. alicia: do you think time is on governor cuomo's side. they keep

john: "the new york post" again going after governor cuomo again this morning and its own inimitable passion, compassion. the title reads "pansy andy." bryan llenas is reporting live on this. >> hi, john. all eyes are on this photo which was provided by anna rock to "the new york times." this was a moment at a wedding in 2019 when the cuomo put his hands on the 33-year-old's face. when she removed it, governor cuomo called her aggressive and then asked if he could kiss her. she said she was left feeling confused, shocked and embarrassed. fox news has an independently confirmed this information. now six new york state socialist legislators are now calling for a governor cuomo's impeachment. "a governor cuomo has repeatedly abused his powers and has yet faced no accountability. we must utilize every mechanism to lead a process commensurate with the severity of the governor's multiple abuses of power. democratic new york congresswoman kathleen rice tweeted, the time has come. at the governor must resign. ranking democratic senator dick durbin wasn't really quite ready to go there just yet. listen. >> the investigation should be comple

cuomo's mother saying this morning? we haven't heard from her in a while. >> andy should have come in around 8:30 every night. don't know if he fully understands it. but the fact is, cheryl, when you're the ceo of a state, you've got to be responsible for being able to lead and not be distracted. he's utterly distracted. there's no way that he can carry on. he's not like a legislator. and a legislator in a situation like this can sort of melt into the body and in new york there's a total of 213 state legislators. if one gets in a scandal, he sort of slides off to the corner. when you're the governor, you're the ceo. there's one of you. you cannot hide. the spotlight is on and now the international spotlight is on cuomo. he's done. cheryl: congressman tom reed was on with us in the last hour and i asked him does cuomo resign. he said no. >> well, he may not. he may stay until the bitter end. it's not so much just a matter of will he stay, is he that stubborn, is he that arrogant, does he have that much pride in himself that he cannot accept the reality that he's lost the reins of leadership. that's really the

cuomo's political future. the nursing home scandal. ♪ ♪ >> our population is vulnerable. we cannot be doing this. it is not right to the residence. ♪ ♪ here's andyhis is us talking tax-smart investing, managing risk, and all the ways schwab can help me invest. this is andy reminding me how i can keep my investing costs low and that there's no fee to work with him. here's me learning about schwab's satisfaction guarantee. accountability, i like it. so, yeah. andy and i made a good plan. find your own andy at schwab. a modern approach to wealth management. germ proof your car with fiarmor all disinfectant.wab. kills 99.9% of bacteria and viruses. discover the replenishing power of new pronamel mineral boost. teeth need natural minerals to keep enamel healthy, strong, and white. but every day, acidic food and drink can wash these minerals away, weakening and dulling enamel over time. pronamel mineral boost protects teeth by working with your mouth to boost absorption of calcium and phosphate which naturally strengthens enamel. pronamel mineral boost helps keep teeth strong, white, and protected from sensitivity. new pronamel mineral boost it's an i

andy” was the headline. this comes on the heels of two former aides, also young women, who accused the governor of sexual harassment in the workplace. in the span of one month, andrew cuomoible. he made bill deblasio the second most-hated politician in new york. [ laughter ] a year ago everyone was in love with andrew cuomo, like, literally in love. even the items available on etsy have changed. they went from, “future mrs. cuomo.” "st. andrew cuomo." “i'm a cuomosexual.” “shh, i'm watching cuomo.” to -- “arrest cuomo.” “andrew the grandma slayer cuomo.” “impeach cuomo.” and “wipe your feet here.” [ laughter ] you know it's serious when the etsy community gets involved. [ laughter ] even some democrats are calling for cuomo to resign. lindsey graham, this is good, lindsey told sean hannity the democrats should apply the “republican model” to andrew cuomo. which i guess means they should make him president? i don't know, how does that work? [ laughter and applause ] another politician who had a great fall is mitt romney. senator romney suffered a literal fall while playing with his grandkids. he got knocked unconscious and had to be hospitalized. the doctors told mitt he

cuomo getting choked up and saying he's sorry. but he says he will not resign. ahead why a new york state law signed a couple years ago could seal his fate. former federal prosecutor andy mccarthy next. feel the clarity of non-drowsy claritin. and 24-hour relief from symptoms caused by over 200 indoor and outdoor allergens. try claritin cool mint chewabls for powerful allergy relief plus a cooling sensation. live claritin clear. i signed up because i was curious. i learned about my grandfather's life on ancestry and it was a remarkable twentieth-century transformation. he did a lot of living before i knew him. bring your family history to life like never before. get started for free at ancestry.com ♪ limu emu & doug ♪ hey limu! [ squawks ] how great is it that we get to tell everybody how liberty mutual customizes your car insurance so you only pay for what you need? i mean it... oh, sorry... [ laughter ] woops! [ laughter ] good evening! meow! nope. oh... what? i'm an emu! ah ha ha. no, buddy! buddy, it's a filter! only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ it all starts with an invitation... ...to experience lexus. the invitation to lexus sale

so they weren't going to go cuomo bad trump was still in office, weeks or of months ahead of a national election. andy criminal investigation? >> well, dagen, there's a bunch of different investigations. and i do aagree with you, that the problem really for him is more new york democrats at this point than washington democrats, although all of his support seems to be undercut. but the justice department's doing as we understand it from the reporting, three different investigations. they have a civil rights division investigation which is based on a statute that involves the rights of institutionalized persons. they have a civil division investigation that's different the civil rights division. they have jurisdiction over what's known as the false claims act. so these nursing homes get a lot of federal money, medicare, medicaid, et cetera, which brings them into federal jurisdiction. if they made false claims on the government because they cooked the books about the numbers on the nursing home deaths, that could lead to false claims liability and that's a civil statute. then there's a criminal investig

cuomo's role in the alleged nursing home death count cover-up. what do all these new revelations mean? former assistant u.s. attorney and fox news contributor andrew mccarthy. andycover-up of the nursing home deaths leading to thousands, potentially a cover-up of the reporting of thousands of deaths is more serious, but the political lethalness, if you want to use that phrase, of what's happening with these sexual harassment accusations, i think, is what is eventually going to pull him down. could these accusations lead to criminal charges? >> well, certainly, david, the nursing home allegations are being looked at in a criminal investigation by the fbi and the u.s. attorney's office in the eastern district of new york. and on the sexual harassment side, the last accuser before alyssa mcbharrat that we learned about, the unidentified one -- mcgrath -- actually alleges a sexual assault which is a crime under new york law, the groping under the blouse. and i think the importance of alyssa mcis she's acquainted with the thus-far unidentified woman who says that she was groped which will add some balance to that story. you know, i think you're right that the nursing