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>> john: "america reports," waiting for a federal judge's ruling on the fate of title 42. decision could come down any minute as border states brace for a bigger crisis if the trump era immigration order is allowed to expire on monday. i'm john roberts. >> gillian: great to be with you, john. gillian turner in for sandra smith. border areas are seeing a big surge in activity in anticipation of the title 42 decision in the del rio sector in texas, 1800 migrants in 24 hours. a large number of those people were single adults. that's the migrant demographic that is likelyest to be expelled under title 42. >> john: texas governor abbott says it will only get worse. it would surpass the population of houston if title 42 is not renewed. 18,000 pouring into border states every day. bill joins us from the border in eagle pass, texas. what are you seeing there? >> john, good afternoon to you. del rio sector getting hammered with activity, nearly 2,000 illegal crossings in just 24 hours, and that's a mix of people willing to give themselves up and others who don't want to be caught. case in point, the video last night, in bracketville, texas, they pull over a human smuggler, boom, illegal immigrants start spilling out of the vehicle and foot bail, they flee into the brush, troopers catch some of them. in the back of the pick-up truck, several adult men were hiding in the back of the truck. they decided not to run. they were being smuggled by a woman who also decided not to run. we are told she was from the state of florida, we see this often with u.s. citizens coming from other states to the border recruited on social media to participate in human smuggling. also show you this video we shot here in eagle pass this morning. this was a group of 167 that crossed all at one time. mostly cubans, venezuelans, cubans and from peru, eagle pass area has been getting swamped with huge groups. last week along, six days in a row. you take a look at the video from the ground of the exact same group. they had ten groups in ten hours. more than a quarter million crossings since october 1st, the numbers up nearly 150%, up over the same time last year. elsewhere along the border, take a look at these photos out of roma, texas. a single group of 140 that crossed all at one time, made up in that group were 27 unaccompanied children, mostly central and south americans, also photos of four other large groups that came across in the rio grande valley sector, totaling nearly 700 people. as part of those groups, more than 100 unaccompanied children. the rio grande valley sector has seen 300,000 since october 1st, and any hour now, any minute now waiting for the ruling to come down from a federal judge. two decisions to make. one, let the biden administration end title 42 on monday as they have planned, or two, he can issue an injunction to block that and kick the can further down the road regardless of what happened as you guys can see, the activity here on the southern border already starting to spike. back to you. >> john: comes off this time of year, katie bar the door. bill, thank you. we'll talk more about this coming up, a couple really good guests on this. >> gillian: lieutenant christopher oliveras and tom homan, and the decision could get handed down this hour. we will bring you that breaking news as soon as we get it. >> john: stay tuned. >> gillian: president biden is making his first trip to asia of his presidency, a new poll reveals his approval rating has dropped to an all time low of 39%, dropping among voters in his own party. fox team coverage to break it down. karl rove is standing by. but first, peter doocy is travelling with the president, he's in the south korean capital city of seoul. peter, we heard the president is not going to be visiting the d.m.z., is that right? >> peter: that's right. the zone between north and south korea is not part of the itinerary, biden officials say been there, done that. >> the president has been to the d.m.z. before, not that it's too dangerous, no, we have government officials go there on a regular basis. but one of the officials was then vice president joe biden in 2013. >> peter: the president just got here but two secret service employees are on their way back to the united states. sources telling fox they got drunk, and then they got in a fight with a taxi driver, a service spokesperson is telling us now. the secret service is aware of an off duty incident including two employees which may constitute potential policy violations. they will immediately be returned back to their post of duty and have been placed on administrative leave. there was no impact to the upcoming trip. as the economy back home struggles with inflation up, gas prices up, and stocks down, officials hope the secret service incident is not too much of a distraction what they want to talk about. all the ways the u.s. and south korea can work together to keep the economies stable without worrying about unpredictable china. >> the little chips are the key to propeling us into the humanity development. artificial intelligence, quantum technologies, 5g and so very much more, things we are not even thought of at this point. >> peter: the chinese military also started military exercises in the south china sea as the president was arriving, so the chinese may not be getting the point that biden officials say the president is trying to make here if they ever decide to invade taiwan, they will be cast out, they will be isolated from the rest of the world the way that russia hack over the last couple months. gillian. >> gillian: peter in seoul, thanks very much. >> john: former deputy white house chief of staff karl rove and fox news contributor. karl, the day is not over, but the s & p 500 officially slipped into bear market territory, down 11%, the struggle for american consumers is real and troubling signs ahead things are going to get worse. yet the biden administration seems incapable of doing anything. take a look at the poll that just came out. approval rating, 39%. disapproval rating, 60%. only got 73 support among democrats, 24 among independents. that's going the wrong direction when you have an election coming up in five and a half months. >> yeah, and not the only set of numbers about going the wrong direction. the poll, the right direction of the country when he came into office, about half the people thought the country was the right direction. april, 54 thought the right direction but then the summer and accelerating after the debacle in kabul in august, 39% and today 21% think the country is going in the right direction. and a large part of that is because of their attitudes about the economy. in april, they don't ask this question as much, the a.p. does not ask as often, the first number is 54% in april of last year thought the economy was poor, by september, 65%, today, nearly four out of every five americans think the economy is poor. those numbers both the right track, wrong track and the state of the economy are driving down the president's numbers. >> and in texas as well, he's losing hispanic voters in dramatic fashion. >> absolutely, and it's because they know what happens when they go to the h.e.b. and pay the prices, they know what happens when they go to the pump. it's also in texas particularly along the border being accelerated by what they see happening on the border. it's their communities that are being affected by this tidal wave of illegal immigration. their hospitals are overrun, their social services maxed to the limit, it's their food kitchens, their neighborhoods in which petty crime is taking place. and remember, a lot of people in the border patrol and in the sheriff's departments along the border and they got relatives who get firsthand information about what's happening, so it's -- and then lay on top of that the energy situation where a lot of parts along the border are doing well economically because of energy and they know the administration with the green new deal program is coming for their jobs. absolutely they have got problems. >> john: and many, many people on the border patrol hispanic descent as well and pass it along to the families. ronald reagan asked the seminole question in 1980, are you better off four years ago than you are now. and i guess now, are you better off than 18 months ago? >> the answer is no, and there is the rub for the democrats and the opportunity for the republicans. if the republicans keep their focus on exactly that question, you like you are paying more at the pump and the grocery store, do you feel better about your family's economic future, better about crime, better about illegal immigration, you feel better about the america in the dangerous world, they'll do well at the polls if they pocus on other things like the 2020 election, it's not gonna be as good as it can be. >> john: the georgia primary next tuesday, early voting going on. remember what joe biden said about the new georgia voting law. from july 13th of last year. >> they wanted to make it so hard and inconvenient they hope people don't vote all. 21st century jim crow assault is real, unrelenting. we are going to challenge it vigorously. >> john: democrats from the president on down saying it's going to reduce minority voting across the board, what is happening in early voting in georgia? >> the law made it easier to vote and harder to cheat. as a result, record turnout of the primaries in georgia because they did make it easier to vote. remind you this. the president was so hypocritical, there are more opportunities to vote than in his home state of delaware, will have in person early voting the first time in history this november. and in georgia, they have been doing it for decades. so, the president was hypocritical and misleading and deceptive on the attack of the georgia law, for the purpose of partisan politics and the reality a lot more people find it easier to vote and availing themselves. >> john: so major league baseball has it straight, early voting turnout is higher than ever before, minority early voting setting new records unthe new law. karl, great to see you. >> thank you. >> john: alanis morissette said isn't it ironic. >> gillian: seems like an eternity. >> john: a lot will happen, it's going to go quickly. like your daughter will be in college tomorrow. >> gillian: stop, stop it. she has two teeth, it is killing me. i'm like please, you are going to grow up and leave me and i don't know what i'm going to do. terrible. we were supposed to be talking about politics. not my daughter. supreme court justices are facing violent threats on social media as they weigh the state of abortion rights. conservatives justices are getting round the clock security to protect them in their homes. this issue is sowing division along lawmakers on capitol hill. >> john: a judge could decide on title 42 any minute now. what happens if it gets thrown out? texas department of safety weighs in on the looming crisis ahead. >> does not ever intend nor has she ever truly intended on addressing the crisis at our southern border. >> the day you get your clearchoice dental implants makes every day... a "let's dig in" day... >> mm. >> ...a "chow down" day... a "take a big bite" day... a "perfectly delicious" day... >> mm. [ chuckles ] >> ...a "love my new teeth" day. because your clearchoice day is the day everything is back on the menu. a clearchoice day changes every day. schedule a free consultation. welcome to your world. your why. what drives you? what do you want to leave behind? that's your why. it's your purpose, and we will work with you every step of the way to achieve it. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire >> john: a court ruling on tiemths four hielts: > john: a court ruling on title 42, what border officials are seeing right now as we await a decision. but first. a fox news alert, brand-new testimony putting hillary clinton at the very center of the russia collusion hoax. her campaign manager telling a jury clinton personally approved plans to spread the phony story to a friendly news outlet just weeks before the election. david spunt is outside the court in washington and david, this would seem to be the very definition of a bombshell. were attorneys expecting this? >> it really was, john, and i don't think the attorneys were expecting this on both sides, the government and the defense. that campaign manager who ran hillary clinton's 2016 campaign, spent over an hour on the stand and casually said in court he brought it up to the candidate, hillary clinton, and essentially she approved to go ahead and release this. this is information now debunk. put up a tweet from the clinton campaign from her personal account in october 2016, days before the election, tweeted computer scientists have uncovered a covert server linking the trump organization to a russian bank. and jake sullivan said this secret hotline said it may be the key to unlocking the mystery of trump's ties to russia. and michael sussmann on trial behind me said he had evidence of a secret communication back channel between the trump communication and a russian bank with ties to the kremlin. sussmann said he was delivering it on his own as a concerned citizen, not on behalf of clients, including the campaign. but durham says sussmann billed the campaign for the private fbi meeting. and mock said he did not know sussmann and said of the fbi, we did not trust them. still, mock and his team were ok with sharing this information to the media who then disseminated it to the public. before mock fbi james baker finished his third day on the stand, him walking in with the glasses, he met with sussmann at the fbi and says sussmann came to the meeting armed with copy documents and two thumb drives. james baker is the central witness in the case, it's about the sussmann-baker meeting and baker has said different things about if sussmann said he was coming on behalf of a client and that's really what special counsel durham's case is about. remains to be seen if that will affect the special counsel case. no question, this is a come shell from the former campaign manager. >> john: and why did he blurt this out, was it strategic? >> it's a good question. i guess it depends who you ask. however, the way he blurted it out, the way he said it, he was under oath, calm, in a rather monotone way, as a matter of fact and there was definitely some looks from both sides of the, not of the jury, from both sides of the attorneys. as for the overall strategy, i guess the attorneys could spin it to make it seem like it was a good thing or a bad thing. but clearly there was some audible gasps when that happened, no question. >> john: peeling back the onion, he cut it right in half. david spunt for us, great reporting, interesting information this afternoon, thanks. >> gillian: a federal judge in louisiana is slated to rule any moment on the fate of title 42. said to expire in three days on monday. texas department of public safety spokesperson lieutenant christopher oliveras joins us now to discuss its fate. sir, as we await this ruling, it's not your job to predict the future, what's your best guess? do you think title 42 is going to become ineffective on monday? >> right, so, good afternoon, gillian, thanks for having me on. we are waiting to see what's going to happen to title 42, lifted or extended, but regardless of the fact we are seeing record numbers every month, as you saw earlier with bill reporting on the ground there, we are seeing immigrants coming across along the southern border by the hundreds throughout the border. and with that, it causes a chain reaction. now you have to deal with human smuggling, high speed chases, the got-away, single adults trying to avoid apprehension by traversing through areas of vast terrain or private ranches. so we have to deal with all the elements, different events on a consistent basis all because of the fact anticipation of lifting of title 42. as i go back and mention earlier, historic numbers. last month in april was highest, 234,000 encounters. also fentanyl, highest number of fentanyl seized with nearly 1300 pounds. goes to show you even with all the policies in place it's still, we are still seeing increased numbers throughout the month. >> gillian: averaging about 6,000 a day, it's expected if title 42 goes away, it could triple. the biden administration, they have insisted for months now that their policy is that migrants seeking to come to the united states illegally should not approach the southern border. they say it should be enough of a deterrent. >> let me reiterate, this is not the time to come. >> i can say clearly don't come, don't leave your town or city. >> folks in this region thinking about making that dangerous trek to the united states-mexico border, do not come. do not come. >> we are taking steps to convey this is not the time to come. >> gillian: they say that's the message they are putting out so you are there at the border, is the message being received? >> it's not, and numbers show that, the data shows that. all the events we see take place along the border shows that it reflects it's not the case and the fact the message from day one, you know, prior to, you know, 2021 was that leave the policies in place that were working. the border wall, why not continue with the border wall construction, leave the policies effective. when you saw record numbers of, you know, low encounters, and the highest number of expulsions, prior to 2021, why not leave the policies in place, and more aggressive stance, more policies in place to deter more of the illegal immigration we are seeing. but right now it's too late for that message, too late to say right now is not the same to come. the criminal organizations know and they are using the message to their advantage, and you are seeing the consistent numbers of immigrants coming across and the events taking place, it encourages them to make the long dangerous journey and place their hands, lives in the criminal organizations. i was out last night, we are seeing unaccompanied children, little girls making the journey by themselves. that is not a humane way to get to the border. if they really wanted to send a clear message to make it humane, why not have the port of entry, a more strategic coordinated effort to get the individuals into the country and properly vetted. we are not seeing that. that's not what's happening now. >> gillian: lieutenant oliveras, thank you. stand by with us. if we get the decision handed down from louisiana, we would love to have you break it down for us. appreciate it as always. >> john: another day, another record for gas prices as the offering price for a gallon increases to 4.59. how high will prices go and what's it going to take to bring it back down? we'll speak with oil industry expert bill flynn about that. >> gillian: in ukraine, hundreds of orphans from the war are making their way to poland. and we will be joined from lviv to talk about this incredible program. miss allen over there isn't checking lesson plans. she's getting graded on her green investments with merrill. a-plus. still got it. 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>> honestly speaking, the house is trying to do its own thing, and unfortunately the house is not here to get it done. two weeks ago the senate unanimously passed this supreme court police parity act. the house is stalling so they can expand it to include protections for court employees and that could very well include the leaker of the scotus opinion on roe v. wade. both senate republicans and democrats are frustrated because it's taking so long. homeland security, like you said, is warning about an impending surge in political violence. >> they want to expand the categories of people covered. i'm all for that. but they shouldn't hold up the whole process to achieve that goal. we ought to be working on this actively, it should have done done a long time ago. >> yesterday, nearly 50 members of congress sent a letter to nancy pelosi urging her to bring the senate bill to the floor for a vote and when she was pressed by fox business on this, whether she was going to do that, pelosi dodged the question. >> i think that any need for protection should relate to whatever threat is there and that's a judgment that is made by our law enforcement people. >> it passed unanimously, do you have a plan to bring it up for a vote in the house? >> protection depends on threats and that's up to law enforcement. >> in the meantime, the justice department has directed u.s. marshals to provide round the clock security, the white house has endorsed the protest, democrats feel they need to have congress act quickly in case things are ugly. quickly is not soon enough, the house is out for the next week, it will not be back until after memorial day. >> gillian: thanks so much. >> john: you have to wonder, when are they coming out with the ruling? >> gillian: title 42? >> john: roe v. wade. >> gillian: hopefully after they get the act together to protect the justices. can you imagine the hell that breaks out in front of their homes if they overturn -- >> john: because it had been leaked, maybe they should get it out quickly so the people stop protesting, but sounding more and more like it might ramble on. >> gillian: a lot of these folks are not wealthy, they are not particularly young, we should be protecting them. >> john: we should, no question about that. we are a week away from the memorial day weekend and the unofficial kick-off to the summer travel season and gas prices are higher than ever. the national average now 4.59 for regular. up 2.20, nearly double the cost since president biden's first day in office. fox business contributor phil flynn, analyst for the price future group, he joins us. put up on the screen what the price of gasoline has been doing, 4.59, a steady march up, 4.58 yesterday and then a year ago was 3.04. some fluctuation in oil prices but the majority of the time they have been marching further sky ward. i mean, what are we looking at here? we going up or down? >> we are going up, john. and i know america does not want to hear that but that's the truth. and traditionally the highest prices on the memorial day weekend, but we are hearing projections, we could see gasoline prices the national average as high as $6 a gallon. and i do think that's possible, you know, unless we see a real change in our energy policy in this country and kind of pull back from the anti-energy policies signalling to the market that the u.s. is for higher gasoline prices. >> john: deconstruct this for us. the white house is saying we are producing more oil now than we have ever produced before, that translates into more gasoline entering the market. but there's a piece here that's missing, and that is industry sentiment. tell us more about that. >> a lot of times when we look at the current price of oil it reflects not only the oil we have on hand today, but what we might have tomorrow. just like, you know, the gasoline in your tank, right. you fill it up with today's price but you have to worry what you are going to pay next week and retailers have to do that. the biden administration has actively told people don't invest in the u.s. industry, if you invest in the keystone pipeline forget about it, we can cancel that with an executive order or impose new drilling regulations, so the investment is turned away. i would argue, john, that if the biden administration wasn't in place, we would see the u.s. oil industry respond a lot quicker than it has. because they have created such uncertainty, you know, so-called record amount of oil is not enough. and it's about the refineries. under the biden administration, refineries close, not open, and a lot of that has to do with biden administration regulations and signals to the industry it's not going to be very friendly environment. >> john: phil, i would expect if you go to a gas station as most people filling up the tanks the price of gasoline is too high, to a person they would say yes. listen what happened when the department of interior secretary was asked that question yesterday. >> americans are recovering from the terrible pandemic and other world events that are making things difficult for all of us. >> sounds you are unwilling to say gas prices are too high. if you thought they are too high, i just wonder what your department has done specifically to lessen this terrible pain that americans are suffering under these high gas prices. >> we are doing all we can, senator. >> john: so, there's a growing sense among some people, maybe a bit of a conspiracy theory, but i don't know, that the white house and people on the left are looking at gas prices going this is great because it's going to push people into the green energy sector, it's going to get people buying electric cars. >> yeah, that's no surprise, john. this is what this administration has said, and even when president obama was president, hey, it's a great thing prices are high, it will speed the green energy transition. but when you listen to people from the administration kind of reminds me of the funny video programs where the little kid has lipstick on their face and toilet paper all over the room, and did you do this? it's like no, you know. barbie doll did it or the dog did it. they take absolutely no responsibility for their own policies. if that's your policy, own it, own it that you have canceled, you know, pipelines and put on drilling moratoriums and that you want this green energy transition. >> john: all right. phil flynn, always good to talk to you. have a great weekend. >> thank you, you too. >> john: don't drive anywhere. gillian. >> gillian: a new report could shed light on the nba silence in the face of the chinese government human rights atrocities. dozens of team owners multi-billion dollar contracts with beijing. >> john: and deadly shooting near a chicago tourist attraction. anything being done to stop the gun violence gripping america's biggest cities? >> running in and crawling on the floor and crawled over. ♪♪ my relationship with my credit cards wasn't good. i got into debt in college and, no matter how much i paid, it followed me everywhere. between the high interest, the fees... i felt trapped. debt, debt, debt. so i broke up with my credit card debt and consolidated it into a low-rate personal loan from sofi. i finally feel like a grown-up. break up with bad credit card debt. get a personal loan with no fees, low fixed rates, and borrow up to $100k. go to sofi.com to view your rate. sofi. get your money right. ♪♪ ♪ you can never have too much of a good thing. ♪ and power... ...is a very good thing. ♪ zuriel: st. jude gave us hope. ...is a very good thing. stephanie: all you've got to do is take care of your child, focus on her healing, give her a life. that for mother means a lot. and-- and thank you to st. jude. after switching to the farmer's dog we noticed so many improvements in remi's health. his allergies were going away and he just had amazing energy. it looks like nutritious food, and it is. i'm investing in my dog's health and happiness. get started at longlivedogs.com new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. you see, son, with a little elbow grease, you can do just about anything. thanks, dad. that's right, robert. and it's never too early to learn you could save with america's number one motorcycle insurer. that's right, jamie. but it's not just about savings. it's about the friends we make along the way. you said it, flo. and don't forget to floss before you brush. your gums will thank you. -that's right, dr. gary. -jamie? 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(whistle blows) your money never stops working for you with merrill, a bank of america company. getting guns off our streets. one democrat's determined to get it done. attorney general rob bonta knows safer streets start with smarter gun control. and bonta says we must ban assault weapons. but eric early, a trump republican who goes too far defending the nra and would loosen laws on ammunition and gun sales. because for him, protecting the second amendment is everything. eric early. too extreme, too conservative for california. >> gillian: as putin's deadly crusade continues on, americans are trying to help refugees. our next guest rescuing and relocate ukrainian orphans to safety. former state department spokesperson joins us live from lviv. morgan, great to see you. thanks for beaming in to talk to us. before we get into the specifics of this organization that you are working with, let's talk about the big picture problem for a second. the u.n. says 6 million refugees, that's in three months, so we are looking at 2 million a month. they are also telling us about 90% of those refugees are women and children. it's a staggering problem. >> it's devastating the numbers you laid out, gillian, and i think that's why you have so many groups in ukraine trying to rescue these orphans, these women, these children. if we don't rescue them, if we don't help them, sadly what is happening is they are ending up in the hands of human traffickers. they can end up being in the sex trade and things that are really ghastly, so that's why i think so many groups are here. but what's interesting to me, gillian, i've learned on the ground here in lviv, we were able to help a family, a grandmother, a mother, two daughters, the husband is in the military, we were able to help them in the country today, aerial recovery were able to bring them to poland and now back to the country, and interesting about this war and conflict compared to so many others, people do want to come home, and so that's where the ukrainians have been so successful and many cities, not all, obviously, you know, we have seen horrific images out of mariupol and other places, but there are plenty of cities where groups like aerial recovering are helping people go back to their daily lives, and that's the ultimate goal for many in ukraine. >> gillian: i perused aerial recovery's website, and rescued 391 refugees and 72 with animals, very impressive. figuring out how to navigate with major success. >> aerial recovery, any of the viewers interested can go to aerial recovery.com. what's really great about them, they are a nashville, tennessee-based organization, and that's my hometown now, i live in nashville and it's a group of special operators. so all of these guys were in the special forces of various branches and most have retired and thought gosh, what do we do with all of these skills and have you do we have a purpose, how do we have the sense of continuity we had when we were in the teams. aerial recovery uses the skills they have learned for the humanitarian operations, they do it around the world, so do it in the united states, caribbean, when there are hurricanes and afghanistan, but here in ukraine the mission is focussed on orphans and other people who are vulnerable to human trafficking, especially these orphans. that's the greatest need we see on the ground here. >> gillian: what can we do at home, like ordinary american citizens, we to aerial recovery.com, you need our time, money, donations of items, or all? >> we need money and we need fuel. my twitter dm's are open, best thing are money. we are using the money here on the ground to buy things for the orphans, you and i are moms of little girls, i bought bows for the little girls yesterday, i love doing that. we need fuel as well. so, message me or go to aerial recovery.com. >> gillian: morgan, thanks for joining us from out there. appreciate it. also grateful your signal held up as long as it did. we will catch up with you next week. >> john: new at 2:00, we may get the title 42 rule any moment. higher prices at the pump to push a green agenda? brian kilmeade on that ahead in the next hour. if you're a veteran, own your home, and need cash, call newday usa. i'm tatiana, here to say you can get an average of $60,000 with the newday 100 cash out loan. that's at least 25% more cash than you get at a bank. it lowers your payments by an average of $600 a month, too. with today's soaring home values, the time to turn your equity into cash is right now. ♪♪ you inspired the lexus es to be, well... more you. so thank you. we hope you like your work. ♪♪ the more information i found, got me more curious. researching my family on ancestry has given me a purpose. we discovered that our family has been in new mexico for hundreds of years. it showed how much my family was really rooted in campbell county. it was really finding gold. the best part is feeling like i really have roots. don't be afraid to open the door, there's so much information on the other side. as a main street bank, pnc has helpedd over 7 million kids develop their passion for learning. and now we're providing 88 billion dollars to support underserved communities... ...helping us all move forward financially. pnc bank: see how we can make a difference for you. looks like all that money from merchandise deals with china may not be the only reason the nba is silent on china's assault on human rights. >> gillian: turns out there could be billions of dollars behind the basketball league. now espn is digging up details on big money we never knew about. >> john: before that bombshell, more breaking news and for the first time and under oath, a clinton campaign lawyer, actually clinton campaign manager, just testified that clinton herself approved the leaking of dirt on then candidate donald trump to the media. that information which was false was later used to fuel an fbi investigation into the trump campaign. welcome back as "america reports" rolls into a second hour. i'm john roberts in washington. good to be with you today on this friday. >> gillian: good to be with you. thanks for reminding us it's friday. that's the key in this. i'm gillian turner in for sandra smith. the revelation comes during the criminal trial of her campaign attorney, michael sussmann. >> john: the former campaign manager said clinton personally signed off on telling a reporter that the trump campaign had links to a russian bank. admitting they did not have total confidence the story was even true but thought they would dish it to a reporter anyway. as it turns out, according to the indictment, the fbi found no connection to a russian bank and the computer server at the heart of the story was not even owned or operated by the trump organization. joining us now is former assistant district attorney andy mccarthy. what he testified to at the trial a little while ago, he said, put it on the screen in relation to hillary clinton, we told her we have this and we want to share it with a reporter. she agreed to that. your thoughts, andy? >> you know, john, in 20 years as a prosecutor it never ceased to amaze me, almost every time that i can remember when the defense goes ahead and puts evidence in in many, many instances it actually helps the prosecution more than it helps the defense. you are scratching your head why they did it. i would point out to people that about three weeks ago the judge in the case ruled that text messages that hillary clinton herself sent out on october 31, 8 days before the election, about this very thing, were excluded from the case and what the judge was basically telling durham's prosecutors look, this is the michael sussmann false statements trial. you are not turning it into the hillary clinton trial and yet it seems that's what the defense did today. >> john: let me go back to what you just glanced over there. this did seem to really take the attorneys on both sides by surprise. we didn't know about this before, and in fact, as far as we know, everybody associated with this has been doing their best to distance hillary clinton from this. and for him to just suddenly say we told her we had this and wanted to share it with a reporter, she agreed to that, what do you think is behind that? self-protection for him, trying to throw somebody under the bus or did he just say the quiet part out loud? >> i suspect it happened, john, and i would think the reason probably is there's a paper trail someplace, and you know, what ends up happening when you are under oath at a trial is all kinds of things come out because people are concerned that if there's a document someplace, or a texas we have seen in this trial, you know, if you don't tell the truth you can end up getting bit by that. the so i actually don't think this is a surprising development. it's surprising that he said it on the stand, but i think we all who were looking at this and can add 2 and 2 had to figure if the clinton campaign talked about it they would not have done it without the candidate. >> john: and mark elias, infamous figure, everyone is aware of, other staff were jake sullivan, jennifer palmeri. and he said they were not confident, didn't have the expertise to judge what we were briefed on. we decided to give it to a reporter so the reporter could run it down more. it's their decision whether to publish it. now, i've been a reporter in this town for a long, long time. and if a campaign gives you something that they are doing, that's one thing, you know. hey, we are going to do this, let's give it to you and you can be first with it, whatever. but for a campaign to say look, we have this information, we don't know if it's true or not, but we are going to give it to you to see if it is true and find out what you can about it. i mean, that's almost suggestive of collusion of a sort. >> yeah, i would say this, john. that's a kind of narrow lens on what was going on here. what we now know is that the clinton campaign through its lawyers and fusion g.p.s., the information firm it hired, were working a bunch of journalists and at the same time they gave the story for example to franklin fore, who wrote the big piece about that, are they were pushing, and baker testified about this, being pushing the "new york times" and it's obviously that the reporter weighs skeptical of the story and for that reason i think they went to the fbi to try to entice them into being interested in it in hoping that would make it a more saleable story to the "times." so, they were working a lot of angles on this. i don't think it's credible to me that they were unsure whether the story was true or not because it was their own information people, their own opposition researchers who developed this story. >> john: you have to wonder, did robby know it came from sussmann, watched through elias, i don't know if he knows, or knew of that connection. this is a curious development, though, one we will watch for new details. andy, great to see you, have a great weekend. >> thanks, you too. >> gillian: this is a fox news alert, president biden's interior secretary not answering whether gas prices are too high. take a listen. >> do you believe that gas prices are too high? >> completely understand the crunch that so many americans are under right now. i think that americans are still recovering from the terrible pandemic and there are a lot of other world events that are making things difficult for all of us. >> so it sounds you are unwilling to say gas prices are too high. >> we are doing all we can. >> gillian: deb haaland, 11th straight day of new record highs, that exchange is fueling criticism the administration is out of touch with americans who are getting squeezed from all sides. >> john: like the stock market, monitoring the s & p 500, officially down 20% from the record highs in january on the s & p, which means, now if it closes where it is today, going to be officially in bear market territory. which, of course, is not good for anybody who has investments in the s & p 500. the selloff fueled by fears that the nation is headed for the big "r" word, recession. the>> gillian: on the other side of the world, president biden has kicked off his trip to asia, confronting policy problems while overseas as well. >> john: brian kilmeade, but first, madison alworth is live from a new jersey gas station, but ed lawrence is live at the economy museum at the st. louis federal reserve. typically you put things that are dead in museums, is that an indication of where we are now? >> you know what, we are talking about inflation here, and that's one of the big topics. you know, i am at the economy museum, before we get into this, i want to show you this is what they use to move the money around. you'll need more dollar bills because of inflation that we are seeing. i exclusively spoke with the president of the st. louis federal reserve, his voice is an important one because he's a voting member this year that sets monetary policy, including interest rates. >> well, i've said 50 basis points is a good plan for now. i think as always, we have to pay attention to incoming data on the economy and on inflation, and we'll do that going forward, and i've also said we should try to get to 3.5% by the end of this year, which is higher than some of my colleagues. >> they could have to go close to a percentage, and the goal is slow enough not to do a recession. and he thinks they can avoid a recession. listen. >> no, i don't really think so, that's not my base case. recessions would have to come because there is some really large shock and i can't rule out that there would be some really big shock, maybe there would be, but i'm not seeing it near term. >> but he said that inflation is crazy high, and that was his words related to this. this is way too high for the federal reserve. they would like to handle it and get it under control faster sooner rather than later. back to you. >> john: they need to put a stuffed bear in that museum now for the s & p and ed lawrence, thanks. >> gillian: team coverage continues, talking to drivers at a gas station across the hudson river from our newsroom in new york, she's in hoboken. >> 11th straight day a new national high for gas prices. taking a look at that gas price, it is up nearly $0.50 in just one month. we have been talking to drivers here, some having to avoid filling up all the way, filling up just what they can afford because of the prices. take a listen. >> i try to do, like the cheaper prices, to get me to my destination and when i get to where i know it's a cheaper one, i'll fill up. because this is crazy. >> with the busy summer travel still ahead of us and prices showing no signs of slowing down, analysts are predicting a new milestone, especially if summer storms come into the mix. >> $5 a gallon gasoline is still a possibility that summer, especially if a major hurricane comes into the gulf coast impacting oil production as well as refinery operations. >> aaa found if or unfortunately really when we hit that $5 mark, 75% of drivers say they will have to make changes. at this point, all of the united states is now paying over $4 a gallon with six states paying over $5. here in new jersey, families are paying on average 4.77 per gallon to fill up their tank. across the u.s., the average family is expected to pay $5,000 this year alone in gas, nearly double from last year, and of course if gas prices go up even more, that estimate could go up as well. gillian. >> gillian: 5,000 bucks a year, madison alworth, thanks so much. >> john: bring in brian kilmeade, you have to do the commuter dash in a few minutes, we'll get you out of here quickly. a growing belief among some people, brian, the high gas prices are quietly being cheered by the white house and the left because they are going to push people toward electric vehicles. i'm on the road longingly looking at all the teslas running around and in about 45 minutes you will get on an electric train. >> true. that's why the center watchman's, senator barrasso's question was so interesting. seemed like a bad question. don't you think gas price is too high. of course, they have doubled, tripled over the last three years. and her answer was doesn't have an answer because she doesn't want to lie. she knows it's painful but has no interest in having them go down. why? if you want people off gas, make it intolerable. want people to stop using natural gas, make it scarce, and now rolling blackouts, that's something else california is giving us. i was stunned by that lack of answer, and this overall war against americans. i mean, this doesn't work to anyone's advantage. it doesn't work in may, excuse me, in november when they come back and they say i can't, that family that had to vote now, they could not take a vacation, too expensive. you know the how, planned on buying a new one, interest rates went up so high they cannot get one or sell it. and talk about buying, no longer going to make sense driving across country is not something we are going to do. so you are making americans pay the price with that, and inflation while their wages go up 5%. and he wants to point out how many jobs are created, we know the jobs were sidelined because of the pandemic and deficit is going down, we no longer have pandemic spending thanks to joe manchin. >> john: for point of reference, the answer you were referencing when senator john barrasso asked the interior secretary whether gas prices were too high. we were going to play that, about you wanted to pull the rug out from under you. >> no, i found it unbelievable that's what her answer. so-called conspiracy theoryists say that's the answer. when they asked venezuela to puncture holes in the ground and lift the sanctions on the horrible regime and the government we don't even recognize, gillian, you know that better than anybody, we should not talk to venezuela, let alone bail us out with their dirty oil. >> gillian: we had senator barrasso with us on the set, and biden administration would look overseas for more energy supplies, looking at venezuela, iran, and saudi arabia. so maybe, if those are your three choices, they came up with the best decision on the table. >> they want iran, too. the worst deal of our lifetime and they want iran's oil out there. i appreciate the way they are going full sanctioned into russia, and europe is on board with that. about you do we have to sell our soul to venezuela and sell out the people of venezuela and prop up another horrible government and make cuba think they are going to see the light of day? it's just terrible, the opposite day for what you should be doing for foreign policy and to vilify the oil and gas companies saying they are making too much money, and who years ago you told them oil and gas, we will no longer use you and told everybody's portfolio not to include fossil fuels, now you want them to bail you out in a half hearted effort while roping off a million acres in alaska and saying don't drill here. so they are not stupid executives. >> gillian: so now, brian, i hope you are not in the market for a new car, john you either. finally we are getting cars imported into the united states again, picking up manufacturing again hopefully soon. but here is the rub. we are now learning from people across the country the car, some car dealerships are charging folks to do test drives because the cost of fuel is so high. have you heard that? what do you think? >> i have not heard that. that is unbelievable. not only, i feel bad for the car salesperson, not only do you have carvana, order cars remote and delivered to you, and now tell mr. and mrs. johnson, you love the car, don't you? $25 take it around the block. fantastic. can you see yourself in that? $20. can you picture that? fantastic. >> john: if tesla starts doing that, it's a scam. >> gillian: tesla would charge you $100 to go around the block. >> the anti-labor company, they don't like any workers. did you read the tweets? >> john: go catch your electric train. see you saturday night at 8:00. >> thank you, guys. appreciate it. >> gillian: another fox news alert, time is rapidly running out for a federal judge to rule on the fate of title 42, which president biden has said he will allow to expire, that's going to happen monday. we are keeping an eye out as we await that ruling. even before it change today title 42, border areas were seeing a surge in activity as the summer season, the busiest of the year now, gets underway. bill joins us live from eagle pass, texas. what's the latest, what are you seeing today? >> gillian, good afternoon to you. the federal ruling could come down any minute now regarding title 42, keeping an eye on that 24-hour stand, more than 1800 illegal crossings, huge numbers for the sector in one single day. we'll show you what that looks like. take a look at the video earlier this morning around 8:00 in the morning, we had the single large group of 167 cross illegally, almost all of them single adults, just in a 24-hour span, more than 1,300 single adults cross, so it's no longer the massive family units getting a lot of the single adults, mostly from cuba, venezuela, colombia and peru, and ground video of the same group if we can pull that up, del rio sector has been getting hammered. since october 1st, over 260,000 illegal crossings. numbers up nearly 150% over the same time last year, and remember, last year set the record when it comes to apprehensions at the border. then take a look at this video here. the state of texas is preparing for the drop of title 42 on monday. this is video out of laredo. you are looking at the texas national guard and d.p.s. beefing up security on their side of the border. and mexicans on their side doing the same. to send a message, shoring up security, this is a show of force so if and when title 42 drops and any groups think they can cross in mass, the state of texas says they will be ready for it. take a listen to what the texas lieutenant governor had to say. >> if he repeals title 42, you are talking about as many people coming in in this first term of the biden administration, more people coming here illegally that we apprehend than live in new york city, and almost twice as the city of houston. >> we just learned from border patrol late yesterday afternoon they arrested a 25-year-old mexican man who crossed illegally here into eagle pass and he is apparently wanted for questioning in the murder of a mexican politician killed on tuesday in the city right across from us. so that murder happened on tuesday, this man, possible suspect crossed last night. he was captured by u.s. border patrol. send it back to you. >> gillian: thanks very much, john. >> john: bring in former acting i.c.e. director, tom homan, and up on the screen, tom, recent apprehensions on the southwestern border because they are nothing short of staggering. april of this year, 223,088 people, march 222,000, february, 165,000. january, 154,000. may is expected to be over april, but what do you think is going to happen in june when title 42, if title 42 gets rescinded? >> the border patrol is already overwhelmed. if they lift title 42, it's going to get worse. what's that going to mean? a hell of a lot more encounters. the more serious thing, result in more border patrol agents pulled off the line, sent to process. which opens the border up to what, more criminals crossing the border, more got-away, don't know who the hell they are, where they are going, arrested 42 terrorist, people on the terrorist watch list. so how many will be able to cross the border, less border patrol on the border, more fentanyl, more drugs across the border. over 100,000 overdose deaths. when that surge comes, what's going to result in more agents off the line doing the national security doing, more got-aways, more drugs, more overdose deaths. >> john: in terms of what might actually happen to the raw numbers, the april statistics and how they broke down. 117,989 people were released into the united states. this is of the 234,000 that came across the border. can we put the numbers up on the screen if we've got them? yeah, it's -- thanks. 117,989 were released into the united states. 113,248 were removed. of those removed, 96,908 were title 42 expulsions. so, as of monday, 96,000 figure is going to go away. now, a lot of those people will be placed in removal proceedings, but how many of those folks might be released into the united states? >> the vast majority of them. and that's a bad message. enter the country illegally, you won't be detained, you'll be released. and i.c.e. can't remove you. the secretary said numerous times, if you don't qualify for asylum, you'll be immediately removed. oh, really? how many of the i.c.e. removed last year, tell us mr. secretary. that number is close to 0. i.c.e. is not even looking for people losing their cases. so this sends another bad message to the rest of the world, cartels are going to use this very issue to get more border patrol people to put themselves in the hands of criminal cartels to cross this border. this -- it's historic illegal immigration crisis but what i'm concerned about, john, it's a huge national security issue. whether this happens, more people are going to cross the border and not be arrested. we don't know who they are. what danger do they pose to the country. are they carrying fentanyl? you would think the administration would understand there are more migrant deaths. more migrants have died under joe biden than when i was in i.c.e.. and more u.s. citizens have died from drug overdoses, and women sexual assaulted, they are going to result in more death, more rapes, more drug overdoses and terrorists possibly crossing the border. no up side to this at all. >> john: the other day bill had some great video he got through the auspices of texas d.p.s., he went out to the big bend area, he worked with some trackers on d.p.s. they came across some drug smugglers. they found five bags of drugs, each weighing 50 pounds. if title 42 is rescinded, is it going to make a huge impact in this area? because this is a very remote area where i expect that much of the cross border traffic is either in people who want to flee and not get apprehended or drug smugglers. >> you are absolutely right. the most treacherous territory is where the convicted criminals and the drug dealers try to move their drugs, it's harder to apprehend them. only with the use of a drone can you see them coming. so, yeah, you are going to see populations, every sector will see an increase. the cartel will spread their madness out. knowing border patrol has less resources there, they are going to move the drugs and the convicted criminals, pedophiles. this is -- it's a worst case scenario, this administration has sold our national security. i've talked to several chief patrol agents. they say the united states of america, united states border patrol has lost operational control of our southern border. they can't contain what they have now. and lift title 42, it's going to be worse. for the first time in this nation's history, at least for the 35 years i've done this job, we have lost operational control of the border and under president biden and under president trump we had the most secure border in my lifetime, and president biden came into office and destroyed it. causing the crime, murders, overdose death, drug trafficking, the trafficking women and children. sex trafficking. this president has done harm to the united states, he's done harm to the security of the you state, especially from national security issue. >> john: we'll find out hopefully in the next few hours what happens with title 42. thank you. >> thanks for having me. >> gillian: president biden is wrapping up the very first day of his asia trip. the visit grabs headlines before the president ever touched down in seoul. tell you what had local police getting involved in a drunken street brawl next. >> john: live to south korea with what's at stake during the president's trip, not just overseas but here at home. critics say president biden should be here on home soil as americans confront the duelling crisis of historic inflation, baby formula shortage and border unrest. charlie hurt on that when we come back. stay with us. motrin works fast to stop pain where it starts. like those nagging headaches. uncomfortable period pains. and disruptive muscle aches. you can count on fast, effective relief with motrin. right now, we're all feelin' the squeeze. but walmart's got your back with thousands of rollbacks so you get everything you need to keep your summer rollin'. because when you save money, you can live better. veterans. if you own your home, congratulations— home values and home equity are going up and up. thousands of veterans are turning their equity into an average of $60,000 with the newday 100 loan. it lets you borrow all of your home's value so you can get at least 25% more cash than you get at a bank. rates are still near record lows, but are starting to climb. call newday right now. asia tour grabbed led lines had -- grabbed headlines. two were given the boot back home after they allegedly got into a booze-fueled street fight. turns out it was serious enough for police to take a report. >> john: last month marked a decade since misbehavior overseas, a decade ago ahead of president obama, two were busted for hiring hookers. and a potential nuclear test, not the threat that tops the trip's agenda, instead the president and the allies that he's meeting are keeping their sights trained on china. peter doocy travelling with the president, he is in seoul, just after 3:30 in the morning. peter. you have some stamina going here. >> peter: we do, good morning from tomorrow, john. and as we have been following, a lot of the region supply chain problems and the world supply chain problems recently here because a lot of china is locked down in quarantining due to covid concerns, the president today, his first stop here is blaming supply chain woes on putin. >> contributing to higher prices around the world. and now putin's brutal and unprovoked war in ukraine has further spotlighted the need to secure our supply chain so our economic, our economy and national security are not dependent on countries that don't share our values. >> peter: and there's another ukraine connection here. president biden wants president xi to see the u.s. and asian countries as allies, and take a hint, if china invades taiwan they are going to be isolated like the russians are right now. and now china watchers say that could happen based on chinese military exercises in the south china sea that started right around the time the president arrived. >> this is getting ominous. wall street journal reported china is trying to sanction proof the senior officials. they would not do that unless they were thinking they were going to do something. >> peter: this trip brings the president a world away from his lowest ever poll numbers at home, just 39% in a new a.p. poll. he's looking for support anywhere he can get it. >> don't forget to vote. >> i will not. >> maybe here, but don't forget to vote. >> peter: don't forget to vote, apparently in midterm vote even on the factory floor of the samsung plant they visited today. >> john: asking anybody who is willing to listen. peter, you look fresh as a daisy at 3:30 in the morning. >> peter: eating well, and resting when we can. >> john: since it's tomorrow there, do me a favor, which horse i should go for in the preakness. >> john: and stocks, baseball -- gillian. >> gillian: gas prices, new record highs and stocks are sinking ever lower. d.h.s. is warning there could be a violent summer ahead. flagging online chatter and threats from activists should the supreme court move to overturn roe v. wade. charlie hurt, washington times opinion editor and fox news contributor. charlie, i guess, you know, no hot grill summer for us. we get violence and whatever else is gonna happen. >> yeah, no, you know, i guess, you know, if you cover politics the way you and i have for so long, it can be sort of enjoyable to watch any of the unpredictable stuff that happens in an election cycle. a lot of this stuff, it's pretty scary and i think you ran through a good list of it. scary whether it's the predicted violence from over the supreme court ruling, which i would argue the white house has done very little to sort of tamp down, or the economic news and all of that creates this security and financial security are the two things that, you know, the two primary kitchen table issues that drive people to the polls are those two things, and i don't know that any, at any point that you and i have been covering politics we have ever seen those two issues as volatile as they are right now in this environment. and that's terrible for the incumbents and particularly terrible for a party that has demonstrably done so much to make the issues worse. >> gillian: what do you make about the argue, some of the president's critics are putting forward now, that he really should be here at home, right. as americans are confronting, you know, historic inflation, a formula shortage, a border crisis, you know, his focus should be here. i guess they kind of make the airplane argument, secure your own gas mask before you can help the child or anyone else on the airplane. >> yeah, i think it's really important. but frankly, you know, the optics of where he is at some given moment i think are less important than the fact that when you look at the policies that his administration is pushing, my goodness. the it's -- it's the policies that are so concerning. it's the policies that seem to be more concerned about whether it's ukraine or these other issues rejoining the world health organization or whatever these issues are as opposed to laser focussing on things like the economy, on things like the surge of illegal immigration at the border. all of these issues that really do hit very close to home for voters, and even democrats in congress, and i know you talked to a lot of people, you know, even democrats in congress are starting to get very worried about this because they are losing faith that the president has -- is focussed on these issues, doing -- baby formula shortage? we have never even heard of that before. you know, we thought jimmy carter had sort of invented every possible terrible thing and he never even thought of that. but joe biden has. and so you have the democrats in congress who are very worried, they don't want to be seen with the guy, and then along with that, the fact that they are all beginning to really lose credibility with average voters, both republican, independents and democrats. >> gillian: we booked you to talk about politics, and mindful of that, but while i have you here, we are awaiting this, you mentioned policies, you brought it on yourself. waiting for the decision of title 42 by a judge in louisiana, the president wants to let it expire monday. which way do you think this is going to go and tell us about the political fallout if tithes 42 does, you know, go by the wayside on monday. >> well, i don't know exactly how the judge is going to rule on this, obviously. but you want to talk about an issue, because that -- that sums up economics and security. i can't -- and of course, it's an issue that i think a lot of washington and politicians have sort of ignored for a long time. it's the reason donald trump got elected in 2016 and remains a very important issue today. and it's not racist to want the federal government to enforce the laws that are on the books that recognize our border. there's nothing racist about it. and when you have an entire party who is trying to claim somehow it's racist to enforce borders, i would actually argue the most racist thing you could see, if you believe hispanic voters don't want a secured border. if we have seen anything, hispanic voters like all voters do care about a secure border and does not matter if they are republican, democrat, you have the party so completely detached and obviously republicans have not been great about this over the years, but they have come around. donald trump had sort of dragged them to the fight and forced them to take up the issue because it matters so much to voters. and i think that -- i think they are going to have a really issue in november if they don't get right on this issue. >> gillian: it matters so much to everyone but all lawmakers in washington want to do is fight about it on tv over and over and over again. charlie, we have to leave it there. have a great weekend. thanks for joining us. >> john: good to see charlie. ukraine pushing russian forces out of kharkiv but the carnage of months of fighting remains in the streets. our first look at the recently liberated city and the devastation that the russians left behind. >> gillian: and another possible sign of russia's desperation, looking to enlist fighters russia would never have considered before right now. they are getting desperate. that's next. okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ ubrelvy helps u fight migraine attacks. u put it all on the line. u do it all. so u bring ubrelvy. it can quickly stop migraine in its tracks within 2 hours... without worrying if it's too late or where you are. unlike older medicines, ubrelvy is a pill that directly blocks a protein believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. migraine pain relief 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(whistle blows) your money never stops working for you with merrill, a bank of america company. >> no personal announcements to make, none about me. we all serve at the pleasure of the president. i will tell you that i am just so proud to be able to come back into public service and to be back here with you guys and i'm focussed on that. >> john: pentagon press secretary john kirby staying tight lipped he is leaving the defense department for a job at the white house. reports that he is taking a senior communications role and will work with the national security council. he has served as the press secretary since the start of president biden's term but now reportedly as the administration's public face in the efforts assisting ukraine. gillian. >> gillian: fox news is capturing the aftermath of fierce battles in ukraine's second largest city, this footage is brand-new, uncovering the true extent of the horror and destruction brought by putin's invasion. trey yingst joins us from the ground inside kharkiv. hi, trey. >> trey: good afternoon, kharkiv is the second largest city and is under russian fire at this hour. we visited villages to the east recently liberated by the ukrainian army. i need to warn the viewers, some images are graphic. alexander opens the door of his stable. revealing the body of a ukrainian soldier. when i saw him, i felt a lump in my throat, he says. i've got kids of the same age. the 59-year-old returned to the village yesterday, only to find his home destroyed, and many of his friends missing. citizens on our street were forcefully deported, alexander explains. there were cars with russian license plates and people were forced in. nearby, we meet soya. she hid underground until the area was liberated by ukrainian troops. i didn't see it, because i was in the basement, she starts to say. >> you can hear some of the artillery still coming in. must be difficult to hear that all the time in the distance, russian troops are about ten miles from this location, they have been pushed back by the ukrainians, but still this area remains part of the battlefield. >> down the street at a school, the body of a russian soldier lays face up in the grass. this building was used as a headquarters for the russians before being retain by the ukrainian army. >> you can see the level of destruction at this school. russian forces were here for weeks as they attempted to take ukraine's second largest city of kharkiv. ukrainian forces were able to push them back but the destruction left behind is significant. you can see here almost nothing left. despite fierce battles for kharkiv, the city remains in ukrainian hands and the ukrainian army remains in high spirits. everything is amazing, everybody is happy, everybody welcomes us, one soldier explains. everybody is happy we liberated them. >> on a normal day, about 30 days to drive from here to russia. a sense how close the enemy is for the ukrainian troops. gillian. >> gillian: trey yingst, appreciate it. john. >> john: bring in dr. rebecca grant, national security military analyst and fox news contributor. start with trey left off, up in the kharkiv area here. this was almost all red at one point and now take a look at how much blue there is there. this is the border with russia, you can see how close it really is. and these are not like huge ukrainian units, these are small units that beat back the second most powerful military in the world. >> yes, thanks in part to the 155 howitzers, and they can hit-and-run more quickly and able to push the forces back and retreating south. >> john: really is incredible, a lesson that people are going to study for decades to come. now we have some very intense fighting in this area here, and remember last week we were talking about there's a little town here, and there's a river in this area which i should probably actually draw in in blue. russian forces were decimated in this area. so now they are trying to come up here in a flanking maneuver, apparently grinding fighting, a long time to move a few feet and some russian forces from kharkiv were quoted by the institute for the study of war as saying oh, my god, there's really fighting going on here, and zelenskyy said this is hell. what's going on? >> pivot point in ukraine, 100 mile front. russian forces did not expect this amount of artillery and close-in fighting, different around the forests and highways of kyiv. this is where are ukraine has to keep pushing back. they cannot let russia grab the territory. zelenskyy needs a win here if he hopes to move russian forces back beyond the february 23rd line and get them out of the country. >> john: and putin is trying to get them to push forward the entire time. let's move on to this, this is very interesting. the russian lower house apparently introduced legislation that would allow people over the age of 40 to join the military, and here is what they said for the use of high precision weapons, the operation of weapons and military equipment highly professional specialists are needed, experience shows they become such by the age of 40 to 45. i mean, this is just b.s. >> it's official, the army is desperate for more people. but new recruits will not help because russia is not train today cope with ukraine's hit-and-run tactics. until they retrain the army, they will be on the back foot. they cannot react fast enough on the battlefield. >> john: so they have a barrel and they are at the way down at the bottom. >> way down at the bottom of the barrel, bad sign. >> john: enjoy your weekend. >> gillian: nba claims close ties to china are about growing the sport internationally, but espn said team owners' financial interests. some hold personal stakes in businesses held by the chinese party to $10 billion. abby is the host of "fox nation," multiple shows over there. espn has put out this reporting that shows they surveyed 40 principal owners and found together they have over $10 billion in personal business interests overseas in china. are you shocked? >> i'm not shocked, gillian, just because china is, has a huge stake in the nba, a huge stake in a lot of things that happen here in the united states and this is no different, but you know, you point out that $10 million. one owner in particular, people are calling out, is joe, the owner of the brooklyn nets, and people are calling him out. he and his wife have donated hundreds of millions of dollars to fight social justices, or social inequality i should say in the united states. being praised, but yet to come out against the horrors happening in china and a lot of experts are pointing to the fact that he co-founded the chinese company alibaba in 1999, 200 54th richest person in the world, and a deeper dive and found alibaba is state controlled by the chinese government, accused of a multitude of human rights abuses. not only that, alibaba has invested in two a.i. companies that had later been black listed by the united states for their role in all of this as well. and that repression. so you look at the overall picture you have to realize if you are going to fight for the inequality here in the united states, you have to do so abroad, especially when it comes to china. >> gillian: we had enes kantor freedom on, nba pulled out of north carolina because they said the transgender bill was against americans, but now they are holding preseason games in abu dhabi, part of the u.a.e., a country where being gay or transgender is flat out illegal. >> right, and you can also be killed for being homosexual in abu dhabi. people are pointing to the hypocrisy, but back to china why people are afraid to speak out about it, china has $5 billion business when it comes to the nba, and a lot of investment, so again, i think enes kantor freedom has been a voice for this and shunned for it. if you are going to speak out against human rights violations, human rights are human rights. that goes for people here, goes for people in china, it goes for people who are homosexual in abu dhabi. >> gillian: abby, thanks for taking time for us this afternoon. >> thank for having me, gillian. >> john: gillian, your hat ready? 147th preakness stakes kicks off tomorrow, nine horses set to race for victory. peter doocy told me which is going to win. we are taken to the pimlico course. lydia, look how glorious you look. >> oh, thank you, john. i'll tell you, it is so exciting to be back here. the event is kicking off in full force with no restrictions. we are expecting 100,000 people or more to fill the stands here tomorrow to watch the preakness steaks, it happens tomorrow night at 7:01. we are not going to have a triple crown winner, we know that, rich strike, the horse that won the kentucky derby is sitting out of the preakness, but strong contenders, like secret oh, taking on the boys in the race. she's already getting fan mail from young women who are inspired by her incredible trajectory and story. so, a lot to follow along, john. exciting to be here. >> john: always bet on the filly, that's what i say. you look amazing. thanks so much. >> for the first time this nation's history, at least for the 35 years i've done this job, we have lost operational control of the border under president biden. >> gillian: that coming just moments ago from former acting i.c.e. director tom homan as we await a judge's ruling in louisiana on title 42. >> john: time is running out to get that decision with the rule set to expire on monday. keep it here with fox news as we expect the critical ruling to come down any time this afternoon. our coverage continues overnight and over the weekend on this important issue. thanks for sitting in this week. >> gillian: that was quite a chalk a block full couple hours. >> john: and week. never a shortage of things to happen. >> gillian: and now, our favorite time of the week. it's friday, i think we are both done, get to go home. things are looking up. >> john: and no travel lacrosse this weekend, i get to stay home for a weekend. >> gillian: i'm going to our colleague's wedding, early congratulations to her and c.j., excited about it. any big plans? >> john: no, having some folks over for dinner on saturday, that's about it. so many people are coming down with covid these days, not a lot of people around to do things with. >> gillian: it's true, feels like we are regressing. >> john: and maybe put a line in the water and do some fishing. >> gillian: we have the violent summer to look forward to, as they tell us. sandra will be back monday. set your d.v.r. so you don't miss a minute of "america reports" >> martha: hello, guys. weekend not underway around here. i'm martha maccallum. the durham trial is heating up this afternoon. they had a short break. back at it now. you have the high profile campaign manager there in the 2016 campaign. mook, mark elias, john podesta and jennifer

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