can. if our republican friends block it, we're going to put our heads together and figure out the best way to go. everything is on the table. it's plain and simple. >> there's estimates a infrastructure package that could have a price tag of $4 to 5 trillion. the republican leader offered this are prediction. >> i think the trojan horse will be called infrastructure. but inside the trojan horse will be all the tax increases that senator scott and others have been talking about. my suspicion is they're going to jam everything that they can in to that bill and call it a infrastructure bill like they tried to call the bill a couple weeks ago a covid bill. >> how democrats expect to get it done was revealed in a hot microphone moment. ben cardin and pete buttigieg talk about going alone to using senate rules to pass it with 51 votes. >> ultimately it's going to be put together similar to how the rescue plan was put together. most likely reconciliation. >> infrastructure was thought to be one of the few areas where republicans and democrats could work together. charles? >> it was. well, democrats planning to go it alone. what political price? reports say the new infrastructure and green package could cost up to $4 trillion and be revealed as early as may. oklahoma republican senator james langford is a member of the finance committee and he joins me now. thanks for joining us, senator. another hot mic moment. a lot of people probably felt that this was already part of the game plan. what is the response from the republican party? >> it's not shock. i can tell you that. publicly democrats will talk about unity and talk about bipartisanship obviously in private and then they say we're going to run over all republicans. >> we don't want their ideas. as you mentioned before, everyone knows that infrastructure is a basic responsibility of government. roads, bridges, fences on the border, how we're going to manage water, all of those things. everybody gets that that is a responsibility of government. so the only reason that they would say first thing we're going to do is to try to go after reconciliation, they're going to try to cram the green new deal into this infrastructure plan and say don't look at the details. know this is about roads and bridges and wi fi. really about a green new deal and redoing the tax code. so we'll see what they're preposing. there's no reason to do this partisan. >> there's no way this can be what we traditionally think about as infrastructure. everyone to your point would agree on it. we got an update from the american society of civil engineers. we need about $3 trillion of work. we got a c minus. everyone agrees something should be done and to hijack this process might be par for the course. but we also believe at some point there's going to be some public push back against this. >> i would hope there would be. everyone someone sees an orange pylon in america right now, that is infrastructure already going on right now. democrats are trying to say nothing has been done. there's no infrastructure going on right now. everybody is seeing result of infrastructure work already happening. the question is what else needs to be done and there will always be additional things that need to be done. the key is we ought to work together to do this. i would suspect their bridge projects and tunnel projects, the things that they didn't get in the previous one will get in this one and have a different shot to do their own transportation ear marks and cram the green new deal down americans throats. >> when these bills are this large, $3 trillion, $2 trillion a lot of surprises in there. one that people don't know about, you've attempted to address today with the state fiscal flexibility act. this was really an amazing thing. can you explain to the audience what exactly was put into this rescue package and why it's so deleterious to states? >> they put $350 billion they're giving to cities and states saying this is what is needed. by the way, moody's said the maximum amount of loss was $56 billion. they threw $350 billion with a caveat into it to say you can spend it anyway you want to, but you can't reduce taxes in your state for the next three years. so they're reaching into every state that is doing well economically and there's quite a few states that are doing fine economically. the revenue is not done saying you can't return money back to your own people through whatever tax piece is out there, but you can spend as much as you want. it's the ultimate democrat no cutting of taxes. just increasing of spending. they're doing it on the federal side and now mandating it on the state side. that is brand new. never been done before and certainly not covid related. >> senator, i have a minute left. i want your thoughts on the crisis at the border. everyone acknowledges it's a crisis. cnn headlined crisis. san francisco chronicle. the hill says this threatens president biden's political momentum. what are your thoughts about on our southern border? >> the biden team said the emergency is over at the border. six weeks later, they sent out federal emergency management administration to try to manage what is going on there because there's an emergency. i was in arizona this weekend looking at the fence that they stopped construction on because biden said we're going to do no more construction. what we have a long fence with big gaps in it where they were going to put up the gates for these miles and miles. the gates are laying on the ground so they're wide open. no cameras, no lighting, no ground sensing detection. all of those things have stopped where they have the very first stage up, but wide open fences. there's only one reason that you would block this momentum of the construction to leave those gates wide open. that is you never wanted the fence to be there. you want there to be wide open. so finish the technology. we have the contracts for it. finish the last piece closing in the gates and get this thing done. >> absolutely. senator langford, thanks very much. so with democrats reporting $2 trillion in tax hikes, my next guest says don't expect any republicans to go for the ride. reverend norquist joins us now. they don't expect any republicans to go along for the ride. apparently late today representative defazio suggested that instead of putting infrastructure and everything in one package, that they would ram the taxes through reconciliation knowing that obviously republicans wouldn't go along. >> well, the president has said that biden has said he wouldn't raise taxes on anyone that earnedless than $400,000. if you look at the taxes they're preparing to ram through, it hit as lot of middle class people. when you increase the corporate income tax, everybody's utility bills go up. federal taxes flow through your utility bills. that's billions right there by taking the corporate rate up. americans will pay more for utilities. that's everybody. they're talking about a gasoline tax. energy tax. a carbon tax. that increases the price of driving your car, heating your home. air conditioning. electricity. that is something that everybody is going to have to be paying for. and everybody -- more than half of the families in america have a 401(k) or ira. when you raise the corporate income tax and biden and the democrats want to, higher than china. right now we're lower than china in income and investment has come in to the united states, jobs have come back to the united states. they're going to push that invest meant and say if you invest here, we'll take more of your money than the chinese will in taxes. people will decide to invest in china or other countries, germany that would have a lower tax. that reduces the value of your 401(k) and ira. the value of a company goes down if the cash flow has a higher tax as they wentz up when we reduced those taxes. that hits every american. >> give us the number. i read an article recently and i saw a number of $2,000 per family. is that approximately the tally? we're talking about the average american family here. >> yeah, the median income family of four, if you abolish the trump republican tax cut will pay $2,000 more in taxes this year, next year or the year after and the year after. that's the size of the tax increase on the median income person. dead center. the president is going straight for the middle class. >> you also mentioned some of these taxes appear the be punishment for people they don't like. >> they want to tax plastic bags. people that vape rather than smoke tobacco. they want to tax vaping. it's one thing after another that the democrats are throwing taxes out on. it's their solution to every problem. >> grover, appreciate it. nobody is better. thank you. >> good to be with you. >> coming up, we're going to talk to someone on the other side of the aisle on this taxing and spending. case closed, the 2018 probe to brett kavanaugh now called in to question. one democrat trying to relitigate it. that's next. whitney and jane are always sharing tips on ways to save money. cvs carepass... it's my savings secret. carepass members get 20% off cvs health brand products. free 1-2 day shipping... plus, a $10 promo reward. thanks for sharing! join carepass today and get yours. ancestry...gave us context. thanks for sharing! this...whole world ...of people ...adventurous people... and survivors. it was interesting to think about their lives... their successes... and...their hardships. i think that's part of what i want my kids to know. they come from people who... were brave. and took risks. big risks. no pressure. 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>> it's factually false. president biden has said it's not going to raise taxes on anyone making under $400,000. let me talk about the corporate tax. important to understand. right now the tax code allows corporations to go overseas to air shore our jobs and to be in a low tax environment and repatriate that money back at 10%. what president biden is saying let's close the offshoring loop hole and have the companies pay a fair tax and bring jobs back to the united states. that may hurt the shareholders and some of the ceos but create jobs in this country. >> charles: ironically, president trump campaigned on the same issue. he tried the carrot rather than the stick approach. it worked. companies like apple brought a lot of money back. the stock went through the roof. they hired more people. felt like a win-win. janet yellen saying they wants to coordinate a global tax with countries around the world. makes me uneasy. i don't want foreign countries to have anything to do with what i pay for taxes. >> charles, amazon is paying 0% tax. i'm a fan of what a lot of apple computers does. it's in my district. but have they created jobs in pennsylvania and ohio and president trump said that they would bring back this manufacturing? >> 1.4 million jobs for amazon? come on now. 1. . >> and they're paying because of bernie sanders and my legislation where you said you can't have warehouses that aren't paying people a fair wage. so they raise their wages to $15. the reason for that is the digitization of the economy. people know that. what president biden is saying, if you're going to make trillions, you can pay $15 of wages and you can pay a tax. it's outrageous that they pay 0% tax. it's outrageous that they go to ireland or the cayman islands or offshore to avoid taxation. >> let me ask you about the overall competitiveness of our tax code if you can't get this joint venture with these countries. it's a mistake to let any nation opine what we pay on taxes. be that as it may, i saw where blue collar wages went up 18 months straight after the president's tax cuts went through. more than 3% year or year. felt like shared prosperity. that's a term that democrats love to use. can you guarantee that with higher taxes aside from guaranteeing universal basic income? >> we're going to actually create jobs in this country. the missed opportunity for president trump was he didn't invest in infrastructure. he kept talking about it. there was no investment. senator schumer around i have a bipartisan bill with senator young and representative gallagher to invest in job creation in artificial intelligence and clean energy and synthetic biology to compete with china. they barely moved with president trump. there was not new high-paying jobs in places left behind. president biden is actually going to deliver on what president trump promised. >> charles: i got 30 seconds. do you think that you should suggest to your democratic colleagues to have a pure infrastructure play that is bipartisan rather than trying to sneak other things in there including tax hikes, maybe address that separately? >> first of all, we do have a bipartisan bill. senator schumer and i, which is infrastructure. modern technology infrastructure. in terms of the boder infrastructure package, if the republicans would commit to serious investment in clean energy and new airports and new smart -- i'm open to working with them and open to looking at all avenues. they have to be willing to commit. >> charles: i remember the great recession when spain built 22 airports and all they have left is the hawk guy, no airplanes but one dude on the runway with a hawk flying around -- >> we're not spain. we're the united states of america. china can do it's, we can do it better. >> charles: congressman, i appreciate it. thanks. meanwhile, folks, the 2018 fbi investigation into the sexual assault allegations against brett kavanaugh is now being called in to question. democratic senator sheldon white house suggests it was a state probe. david spunt has more. >> senator white house from rhode island used the work "fake" three times in to this letter merrick garland. he said he believed the 2018 probe into kavanaugh was fake. he said it was not done properly. kavanaugh was accused of sexual assault by former classmate christine blaze ford. kavanaugh denied her claims multiple times during his supreme court confirmation hearing in october 2018. i want to read this letter from the white house. he wrote if standards procedures were violated and the bureau conducted a fake investigation, that in my view merits congressional oversight to understand how and why and with whose knowledge this was done. charles, a source familiar with the kavanaugh background check said the background check was not fake. it was not a criminal background check and that was normal. it was a standard check done on supreme court justices requested by the white house. as for attorney general merrick garland, the letter is written to him. he's been on a the job not even a week. a doj official says they will review the letter. i reached out to senator white house and they said he has no comment beyond what is in the letter. charles? >> charles: president biden hitting the road talking stimulus. some things happening that could eat up the $1,400 checks real fast. and you're looking live at clearwater beach, florida where spring break is in full effect and playing safe could earn you a big bonus. that's next. ♪♪ retirement income is complicated. as your broker, i've solved it. that's great, carl. but we need something better. that's easily adjustable has no penalties or advisory fee. and we can monitor to see that we're on track. like schwab intelligent income. schwab! introducing schwab intelligent income. a simple, modern way to pay yourself from your portfolio. oh, that's cool... i mean, we don't have that. schwab. a modern approach to wealth management. everyone remembers the moment they heard... “you have cancer.” how their world stopped and when they found a way to face it. for some, this is where their keytruda story begins. keytruda - a breakthrough immunotherapy that may treat certain cancers. one of those cancers is advanced nonsquamous, non-small cell lung cancer where keytruda is approved to be used with certain chemotherapies as your first treatment if you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion or memory problems, muscle pain or weakness, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions, including immune system problems, or if you've had an organ transplant, had or plan to have a stem cell transplant, or have had radiation to your chest area or a nervous system condition. today, keytruda is fda-approved to treat 16 types of advanced cancer. and is being studied in hundreds of clinical trials exploring ways to treat even more types of cancer. it's tru. keytruda from merck. see the different types of cancer keytruda is approved to treat at keytruda.com, and ask your doctor if keytruda can be part of your story. priceline works with top hotels, to save you up to 60%. these are all great. and when you get a big deal... you feel like a big deal. ♪♪ priceline. every trip is a big deal. if these beautiful idaho potato recipes are just side dishes, then i'm not a real idaho potato farmer. genuine idaho potatoes not just a side dish anymore. always look for the grown in idaho seal. >> charles: you're looking live at new york city. why getting back to normal for workers there or across the country might be cooling down. we'll explain. we'll be back in 60 seconds. promises of all shapes and sizes. each with a time and a place they've been promised to be. a promise is everything to old dominion, because it means everything to you. we made usaa insurance for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa ♪ >> charles: the biden stimulus road show kicking off in pennsylvania today. touting that $1.9 trillion package. he's visiting a small business in chester. that is where you'll find fox's peter doocy with the president. peter? >> and the president just left this location a few minutes ago, charles. while he was on site, he admitted that this trip had political motivations. after all, that $1.9 trillion stimulus package had zero republican support in washington. >> we're working so hard, they're working so hard to make sure that we get the vaccines in places that are not ordinarily the focus. that's why we put the vaccine in community health centers, in drugstores now, in mobile units. they have been loud and strong getting this done. it's not like it passed with 100 votes. >> no, just 50 democrats plus the vice president to get through the senate. the white house is getting a lots of free air time with this trip, so the rnc is buying some with a message from the rnc chair who says as biden takes his victory laps, we'll be holding his and his counter parts accountable for making sure voters know the cost and waste of this package. the white house has a lot of swing states on the schedule this week. the president here in pennsylvania, georgia, the vice president in nevada and colorado. jen psaki says there will be redder locations in the following weeks and something that we just found out about next thursday. march 25. as promised by the end of the month, the president will hold a solo formal press conference. charles? >> can't wait for that, peter. thanks very much. i know you can't either. all right. while the president is driving home stimulus in pennsylvania, drivers in that state, they're not looking at gas prices above $3 a gallon. the national average also fast approaching that milestone of 44 straight days. so with the pain at the pump eat up the $1,400 stimulus checks? let's get more from democratic strategist david bernstein. patrice, it's adding up real quick. >> oh, it is, charles. i think a lot of families, what they spend most of their money on other than paying down dealt and mortgage is paying for groceries and care about inflation and getting around. gas prices. this is coming at a really interesting time, a lot of states and cities are lifting covid restrictions and allowing people to get out, reopening schools. you'll see more people on the roads and hopefully a lot of families are playing summer trips and spring vacations. they say can i afford to take my family out of town given the higher gas prices. it's really concerning. >> charles: yeah, david. one of the phenomenons during the covid crisis is autoship purposes. people moving out of the big cities. so high gas prices has always been one of those serious political hot potatoes. is there any sense among democrats that 44 days, a yellow or a red flag? >> look, i mean, i think the reality is the stimulus checks are about much more than that. undoubtedly many people will -- were already planning to use them on gas and people will feel this a little bit. but i don't think overall it cuts into the broader question of getting this relief, which people have wanted and have such broad popular support among the american people. it's more concerning that there was so very little republican support for the stimulus bill than the rising price of gas, which is just something that we go through on a seasonal basis as is. >> charles: although, patrice, this is -- most people that follow oil prices say this is not seasonal. we have hit the summer driving season yet. this has more to do with the immediate cancellation of the keystone pipeline, banning drilling on federal property and just the sort of war against fossil fuels, this is what you get. higher oil prices and higher gas prices. >> charles, you're talking about the factor of supply and demand. when you're restricting the supply because of domestic policy, restricting the keystone pipeline, cancelling our ability to produce our own energy and international foreign supply being artificially held down by other countries saying we're making a nice buck right now. you're going to have these supply side and demand side shock. it's going to come at a time when demand will rise as people get out there. so i think from a policy standpoint, we're looking at the biden administration and, you know, congress to figure out how do we continue to be an energy independent nation. it's unfortunate that a lot of the policies we've seen from the biden administration are moving us in the opposite direction. >> charles: david, a minute to go. you mentioned the popularity of the stimulus package. obviously a lot of people view it as free money. why do you suppose that president biden, the second family, all of them have hit the road to promote something that rates so high with respect to popularity? >> they understand what good decisions are. when you do things, it's not enough to do them. people have short memories and you have to sell them. it's important to this president that is showing the desire to be the president of all people that people in the states and places that didn't vote for him get answers to questions that they have. i really applaud him for going into communities in different places around the country to have that conversation. >> charles: all right. we'll leave it there. i do like the fact that you say he likes to give answers to questions, a lot of questions backing up. but next week we'll get answers. thanks very much. the number of migrants in the meantime, folks, just keeps going up and shelters are filling up after seeing the situation first hand. my next guest is just fed up. and a violent crash in detroit under investigation. is tesla's auto pilot software to blame? after this. this is wealth. ♪ ♪ this is worth. that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ comfort in the extreme. ♪♪ the lincoln family of luxury suvs. so you want to make the best burger ever? 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>> we certainly are. this of course is similar to the situation that we found around that the federal government took their hands off of the role of new technologies. >> charles: it's huge. the government, the federal government itself is behind it with all kind of incentives, states are behind it, corporations are behind it. what does an investigation like this entail? if it is -- if they can say okay, the source of this problem was the auto pilot feature, didn't respond properly, what would happen next? >> well, in this situation, the good news is that the regulateser is responding to a letter by the chairman of the highway safety administration to have more closer sight over these matters. i'm hopeful whatever the investigation reveals that there will be appropriate action taken by the regulator. >> charles: recently volkswagen said that they were at stage three. five stages to take us to autonomous vehicles. the last stage is when there's no stealing wheels, no pedals. we sit and turn around and play cards with the rest of the passengers. you think we're at that place yet from a technology point of view and from a public acceptance point of view when we see things like the images on the screen now? >> no. we need to keep public safety first. that's where it should be in the development of these new technologies. i think they could have a positive effect, but we don't need to be as in the case of this detroit accident using people who were driving these vehicles as test dummies for finding out what works and what doesn't work. there needs to be rules and regulations that ntsa has for the oversight hoff any type of testing. that is the thing the ntsb has been recommending. >> charles: we'll see what the outcome is. meanwhile, tesla's shares are down 4.4%. jim, always appreciate when you help us out. hopefully we get good news out of this. >> we want to talk about safety, i appreciate the opportunity. >> charles: thank you. folks, now you're looking live at clearwater, florida where the city is trying to use a carrots instead of a stick to get spring breakers from breaking covid rules. a big change for the big apple. new signs a lot of new york office workers may never head back. ♪ limu emu & doug ♪ excuse me ma'am, did you know that liberty mutual customizes your car insurance so you only pay for what you need? 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not too shabby. this is spring break in clearwater beach florida. this month and next month, the busiest months normally to collect tax dollars, but as we know, this speech this time last year was shut down. so the signs of recovery are varying and encouraging. you are absolutely right. there are incentives for people to behave safely and get more freedoms. let's look at the rules quickly, at the beach you have to wear a mask indoors but not on the beach. you can hang out on the beach without your mask and also social distancing so the cabana 6 feet apart. about a lot of the young spring breakers come i don't think -- and washing hands, also recommended. by the way, no alcohol or booze on clearwater beach at all. but let me get out of the way and i will let him push in on the people. some place and struggled to reopen but the restaurants and bars are not fully open as are the nightclubs, there are no curfews as we saw emmett miami, impossible to enforce. and more incentives, people being given gift cards of $25 to do the right thing social distance and to wear a mask when appropriate. i spoke to the manager behind me, pier 60 and iconic landmark here and she said yes, we are recovering but it's going to take a well. take a listen. >> but is so encouraging to see things open up and families visiting again. to have them come out and have that slice of normalcy in life, we love to have our visitors. everybody is doing well with the visiting, like you said, the cabana separating and they are working hard to keep it that way. >> one of the things, charles, we can say that it is running about 70% or 80%, not too bad considering pre-covid 89%-90% so certainly much better than we saw a year ago but still further to go but let's be honest some places in the country, this looks pretty good, does it not? >> charles: i know you are not complaining, that is for sure, ashley. we will talk to you very soon, my friend. by the way if you are going back to work after vacation, you might not be heading back to the office. a new survey finding 4 out of 5 men will not be returning full-time. my next guest is from the group behind the survey. partnership for new york city catherine wilde. catherine, it is an alarming stop but i have to say, not surprising though. >> well, it has deteriorated over the last year. we mentioned the same sediment a year ago and we thought by september 2020 we would see a happy office workers back but in fact, it is a year later, the projection now as we will have fewer of half of the office workers back in about a million office workers in manhattan. expect about 45% of those to be back by next september. then there is another issue, which is they are not necessarily going to be back full-time. it is anticipated more than half of the office workers that came to the city every day 9:00 until 5:00 will be on a so-called hybrid schedule. while they may be working remotely with one, two, or three days a week. >> charles: what is the main point of resistance for now and what is the miscalculation that you thought something would improve by september perhaps october but it has not? >> i think the main source was the covid lasted a lot longer than we thought, we had a second surge. and that didn't catch people by surprise when it happened, but it wasn't expected in may when we finished with the peak. we thought we were finished with the covid appeared but the pandemic is having a lot longer-term impact on the economy than anybody originally recognized, whether brick-and-mortar, transfer into e-commerce or telemedicine. in this case, it is office workers having adjusted to working remotely or working in another state, and another location, and making a decision they want to stay there. the fact his financial services, professional services, media, these industries have kept functioning and closed our economy going through the pandemic that nobody expected they could. and almost seamlessly. >> i have less than a minute to go but i do want to report businesses leaving new york city permanently and we did a reporta lot of businesses have now relocated or investing in time and money. >> well, it starts with people relocating and the talent relocate in the business is likely to follow. we so "the new york post" that they are looking seriously, so this is a phenomenon we are serious about come a big text proposal coming out of the state legislature this weekend that would make it unattractive to be here. >> charles: new york city has bounced back from a lot of things and i believe people know that it will. kathryn, thank you so much. from here, but before we go, we are just learning that dr. anthony fauci will testify before house lawmakers tomorrow morning with an update on vaccines. so we will be watching that, of course, join us tomorrow for "your world" and catch me on the fox business network 2:00 p.m. eastern time on making money. that is it for now. "the five" starts right now. ♪ ♪ >> dana: hello, everyone i'm dana perino with jesse watters, greg gutfeld, juan williams, and it is in new york city, and this is "the five." the weight will soon be over here at the white house announced president biden will hold his first formal news conference next thursday. and now, there is plenty to talk about. the present on the road to date selling his massive stimulus plan to spend trillions more on progressive policies. vice president here is pushing back against the reporter that asked, saying congress h