do this for me and parliament would say no and he said i'd do it myself. not how it is supposed to be done. however, a lot of pent up demand by democrats to get a lot of stuff done. >> bill: defies what he said in the campaign. >> dana: lucas tomlinson on a new warning on domestic terrorists. the game stop frenzy on wall street and karl rove on the executive orders. >> bill: before we buy gamestop peter doocy on the north lawn. >> back when joe biden was vice president he said obamacare was a big deal and today as president he is going to make obamacare even bigger. he is going to sign an order for a special enrollment period healthcare.gov where it warns users open enrollment is over. to get people who lost coverage because they lost their jobs in the pandemic coverage during the pandemic and they can do that from february 15 through may 15 following a taxpayer sponsored advertising campaign to get the word out there. early this afternoon president biden is also going to explain the ways he will make it easier for low income americans to enroll in medicaid. this president has long promised to add a public government-based option to the obamacare marketplace that he says will be like medicare to compete alongside private option. this is not that. that would require approval from both houses of congress. he hasn't sent a healthcare bill over and the votes aren't there now anyway. he uses executive orders to address the covid-19 pandemic and immediately rescind a policy that prevents u.s. funding for international nonprofits that provide abortion counseling or referrals called the mexico city policy. something the white house wants to do so they can expand access to reproductive healthcare for women in the united states and abroad. in 45 minutes it will be the first thing on the president's schedule today. he and the vice president will receive the classified president's daily brief in the oval office and then put pen to paper on the new executive actions. >> bill: roll out the barrel. the last hour, dana, you have spoken with kevin mccarthy traveling in florida meeting with the president and how did that conversation go? . >> dana: i wanted to reach out to him. the way the meeting is being reported is curious. "politico" writes today in the headline mccarthy tries to make nice with trump. here is the thing. he will meet with president trump today. he has been in florida for a week fundraising. he is determined to try to get the republicans back in power in the majority in 2022. president heard he was there and said come over. kevin mccarthy is going over because he thinks not talking is wrong. if everyone is going to their corners and you don't talk you can't get anything. i think biden should talk to trump and trump should talk to biden. we have to all start to figure out a way to communicate with each other. the other thing he pointed out the president lost narrowly. house republicans won all -- kept all their incumbents and a brand-new class of republican freshmen many on here. a diverse group. that meeting is happening. the writing about this meeting got a little out of hand. >> bill: mccarthy's message yesterday was get along. >> dana: karl rove, fox news contributor. give us a sense of what you think about what kevin mccarthy said to me but basically you can't just have everybody not talking to one another, just talking about each other in the media. >> i think that's right and particularly when his comment about the president talking to maybe president trump. i think it's more important for president biden to be talking to the republicans. if you want to have unity and bipartisanship as the president you have to lay the predicate by reaching out to the other side. president bush as you know as you remember reached out to ted kennedy and george miller to work on education reform and worked with the ranking democrat on the senate finance committee on tax cuts when he became president. on the other hand, the obama-biden administration when republicans trooped down in january and february of 2009 to say here are some ideas we have about your proposed stimulus bill president obama cut them off saying i won and we know how all that ended. we ended with a party line vote pushing through a stimulus bill that didn't work and republicans took control of congress in the next election. president biden faces a choice. is he going to continue to placate his left by not talking to the republicans and saying bipartisanship but not doing it? or does he really try and bring the country together. >> bill: to dovetail off that. biden's first week was a race to the left is what you right in the wall street early. it's early. biden has been in office for a week. will he act on his campaign theme of bipartisanship and unity or allow democrats in congress and regulatory agencies to drive public policy hard to the left. don't you think we know that answer already after nearly 30 executive actions? >> well, we'll see. the question is these are executive actions, the easy things he can do to placate the left. the question now when we come to legislation is going to be will he try to do it in a bipartisan way or not? we'll know sooner rather than later. as i said at the close of the piece that moment is coming. the stimulus bill will be the big first test. is he going to sit there -- think about it. this guy -- election was in november. the first time his people reach out to talk to republicans and democrats about this bill in an organized fashion was last weekend when the head of the national economic council had a conference call with the problem solvers, the sort of centrist group in the senate of joe manchin, collins and others saying how to fashion a bipartisan covid bill. november, december until late january for them to try and take the first halting steps towards planning a bipartisan agreement. >> dana: a little bit of a strange transition for that. i wanted to ask you about this. joe biden made some comments yesterday about climate change. their big issue calling it a national emergency. take a listen to what he said here. >> president biden: we've already waited too long to deal with this climate crisis. we can't wait any longer. we see it with our own eyes, we feel it, we know it in our bones. and it is time to act. that's why i'm signing today an executive order to supercharge our administration's ambitious plan to confront the threat of climate change. it is a threat. >> dana: the threat of course he has a lot of science. i actually chuckled when he said we see with our own eyes and feel it and know it in my bones. my grandma said it would rain because her knee hurt but this has a real impact on jobs across the country. what do you think about it, karl? >> look, i could not believe how out of touch john kerry is and gina mccarthy in their white house news conference. everybody working in the oil and gas industry can become a solar panel installer. i did checking with the bureau of labor statistics and data usa. 12,000 people in america with solar power jobs installing today. by 2029 the blf the bureau of labor statistics this is it will be -- the keystone xl pipeline was 11,000 jobs paying 30 to 40 dollars an hour gone with the signature of president biden. oil and gas industry the production and non-supervisory people in oil and gas extraction, they make an average of $38.03. they'll start making $17 less? refinery workers make an average of $40.32. 106,000 a year and they go back to 21.58? who are they kidding? >> bill: you know what i thought was missing from the arguments yesterday. any talk of science. >> none. >> bill: 15 years removed from al gore's first warning in 2005 talking about so many things. >> dana: on the coldest day of the year that year. >> bill: with regard to the ozone layer. there was none of that yesterday. it was an appeal to feelings. last point, karl, got to run. >> watch my column next week. the practical impacts on american's lives if they do what they're talking about doing. blowing up the american independence and oil and gas industry is a stupid idea and completely untethered and unbased in science. >> dana: we can all look at the science and also recognize there is going to be an impact on jobs. karl rove, great to see you. >> bill: see all the methane. department of homeland security is a terrorism warning from domestic violent extremists. the feds say they think the threat will last for weeks. lucas tomlinson looking at this from the pentagon. >> the first time in a year this type of threat has been issued by the dhs and comes three weeks after the deadly riot on the u.s. capitol but stopped short of naming any specific credible threat. it reads information suggest essential that some violent extremists with objections to the exercise of government authority and presidential transition and other perceived grievances fueled by false narratives could continue to mobilize to incite or commit violence. the new warning is centered around march 4 when presidents used to be sworn in before 1937. they requested the national guard stay in d.c. until the end of march. it doesn't expire until the end of april. the acting army secretary wants to know why the guard is still needed in washington as cases of coronavirus continue to rise in the ranks from those 7,000 troops in the nation's capital. last night shannon bream asked president trump's chad wolf this warning sends to the public. >> it means there is no credible information or credible threat because if there was dhs would issue an elevated or imminent alert which the department has never done before. at this point it is just awareness information but they put out in a bulletin. >> we hope to learn more about the threat when the f.b.i. director speaks in new york this afternoon at fordham university. >> bill: a second police officer responding to the attack on the hill committed suicide. the acting chief of metro police in d.c. was injured during the riot in january 6, took his own life a few days later. capitol police union chair says one officer killed, 140 others injured that day including an officer with cracked ribs and smashed spinal disks. probably lose an eye we're told. another stab with a metal fence stake. leadership failed officers by not increasing security or preparing them. we've reached out to the head of the union and hope to have him on the program. very sharp words for the leadership not getting them prepared or having the proper equipment simple things like a helmet on the morning of january 6. >> dana: they were completely let down. the people that did this need to be held accountable. there have been many arrests and we'll keep on it, of course. change a little bit here. david and goliath story. amateur traders fueled a huge spike in shares of gamestop. that was all happening this month. the stock's epic rise is inspiring retail traders around the world as wall street top fund managers are raving mad. what's behind the battle? i think i understand all of it but tell us more. >> it's interesting. good morning. the gamestop stock frenzy even now has the attention of the white house. press secretary jen psaki said the president's economic team, including secretary janet yellen monitoring the situation. democratic senator warren's reaction. she was more blunt about it saying investors should not be treating the stock market like their own personal casino. the stock is up 1600% since the first of the year thanks to the fourm of retail investors who are using reddit and social media platforms to pump up the stock. it is a pump and dump if you will. this is causing massive headaches for hedge funds on the hook for billions. for instance, steve cohen his asset management group manage $19 billion. they had a 15% loss on this trade. cohen lost among other hedge funds thanks to these ordinary investors stuck at home a lot of them are millennials trading stocks and swapping tips on reddit. what the average investors are doing are trying to find things they think wall street big wiggs are betting against and taking the other side. they've also got some other companies in their hairs this morning. shares of american, amc entertainment. blackberry. talked to an analyst saying it's dangerous. they forget they buy a stock in a piece of a company, not a symbol you play hot potato with. it is a classic pump and dump. >> bill: another side to this, too. those people making the trades are betting against the hedge fund. it is a populist movement. i don't know if wall street has seen it before. >> dana: it's like a generational injustices. we'll deal with this. you could hurt a lot of people. your grandparents and their pension funds, things like that. >> exactly. >> bill: they're not breaking any rules. >> no, they're not. that's -- this is all so far legal. something strange happened this morning and i don't know what i think about it. robin hood, a trading platform that millennials use, an app. robin hood today took gamestop off the platform so you can't trade it. i'm talking to people this morning that say that's anti-capitalism. you can't do that. you can't say you can't trade stock anymore. schwab and ameritrade yesterday put restrictions on it. to take it off the platform is a frenzy we're seeing. >> dana: taking trump off twitter, right? >> the big guy biting back again because they're losing. >> censorship, right, guys? i don't particularly like the move on robin hood today. i don't think that's correct. >> bill: markets open in 15 minutes. my 16-year-old nephew, one of my nephews, great people they all are. all of them. he sends me a text yesterday says my buddy bought gamestop. this is a 16-year-old kid. >> dana: this is what they're doing instead of math class. >> bill: he turned $700 into $35,000 yesterday. i said what did you tell him? sell. >> dana: you have to pay taxes on it, don't forget. >> bill: there is that. thank you, cheryl. wall street opens again 9:30 eastern. we'll cover that. progressive activists pushing to change the makeup of the u.s. supreme court perhaps forever. president biden says he is committed to studying reforms. >> dana: new data about the pandemic's toll on our children as parents push to get kids back in class. margaret spellings is here on that next. >> you should all be fired from your day jobs. if your employers knew you were more inefficient than the dmv you would be replaced. a bunch of cowards hiding behind our children as an excuse for keeping schools closed. i'm still clear, five years now. cosentyx works fast to give you clear skin that can last. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. i look and feel so much better. see me. ask your dermatologist if cosentyx could help you move past the pain of psoriasis. new projects means new project managers. if cosentyx could you need to hire. i need indeed. indeed you do. the moment you sponsor a job on indeed you get a short list of quality candidates from our resume database. claim your seventy five dollar credit, when you post your first job at indeed.com/home. research shows people remember commercials with nostalgia. so to help you remember that liberty mutual customizes your home insurance, here's one that'll really take you back. it's customized home insurance from liberty mutual! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> you think you're some sort of martyrs because of the decisions you're making when the statistics do not lie. >> figure it out or get off the podium. there are people like me and thousands of other people out there who will gladly take your seats and figure it out! >> it's not a high bar. >> dana: what a dad. he is speaking for a lot of dads. >> loudon county virginia yesterday. that message revert rates across the country. we don't know if some of these unions will concede until we get a verdict on the covid relief package, right? they're looking for $130 billion plus an additional $300 billion out there for flex money for the states to spend. >> dana: don't you think if they were to get that don't you think they might move the goalpost again? they also said we need to be vaccinated first before we go back. now they already are. >> bill: my sense is you are holding this carrot over here, the trump card of sorts, to try and win your argument and until the argument is settled we're not going to get the teachers in chicago to turn their position. >> dana: then you have parents. >> bill: it's not going to happen. we know somebody -- >> dana: we want to bring in margaret spellings former president of the university of north carolina and education secretary. are we wrong in our frustration? >> no, absolutely not. americans know, we all know there is no recovery without our students back in school. parents must have those options. not only is it the right thing for a recovery but gosh, our kids are suffering every day. their mental health, their learning and these unions are overplaying their hand at this moment. we have to put students ahead of adults. >> dana: let me pull this up from 2019 to 2020 look at the increases here. ages 5-11 and 12-17 this is a really stark increase, 24% increase, 31% increase in terms of mental health related visits. i heard recently i don't know what to call you secretary spellings. in terms of psych words across the country they're filled with kids. they're so upset. >> exactly. and there is also a silent epidemic going on for folks not seeking help and for teachers unable to identify -- violent situations or other things. we must get students back in school. >> bill: what do you think of the argument about waiting to see whether or not the billions of dollars pass or not? >> listen, the congress passed a tronch at the end of last year. those monies are just trickling down to states. i happen to know. there are resources available. i think that's a paper tiger argument and, you know, parents have had it and it is time to get students back in school. >> dana: do you think the biden administration has it within themselves to push back against the union? >> i do. i think the executive order that came out of the white house a few days ago, the guidance from the cdc about how students can get back in safely, yes, i do. and i think they will. obviously every situation is different. teachers with co-morbidities were qualified to get a vaccine should. we have to put students first. >> bill: why do you think some schools are open and the public schools are not that are run by the unions? why is that? >> we've seen private education and we know who attends private schools. largely open. kids are learning. they aren't suffering loss or mental health issues to the extent that our public school students are. we are really seeing that add to our tragic divide. so i think it varies around the country. where unions are so prominent in places like chicago versus my home of texas. but i think it's adults versus kids and they are over playing their hand. >> dana: how far might a kid regress in this past year in terms of his or her education and what will we need to do as a nation to try to bring that back? >> you know, dana, that's the most significant issue here in the giant scheme of things. we're seeing first of all lots of students who aren't even registered, aren't even showing up in school. in texas that's 250,000 students that were here in the spring that aren't in the fall. early returns are that we're seeing big degradation retreats in math especially, reading, too, as much as a year, but typically around kind of three to six months worth of loss. we know what to do. we need to start tutoring programs. tennessee passed something recently and help these kids recover and get back on track. >> dana: always a pleasure to see you madam secretary margaret spellings. thank you. >> bill: raise the freaking bar, nice to see you. the capitol attacks sparking different reactions from the left. does it expose a rule of law problem for president biden? talk about that with geraldo and leo on this thursday morning. >> dana: is the biden administration trying to make america california again? 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"los angeles times" read make america california again? that's the biden plan. let's talk about it with our panel. a former california governor candidate and leslie marshall and david asman. wonderful to have you. john, start with you. this idea of taking policies in california. apparently governor newsom had said california's progressivism is the roadmap to success for the new administration. do you agree? >> no. i can't imagine that, dana. thanks for having me on by the way. this state is a wonderful state to live in, great wets and natural beauty but the worst management in the country. if you just look at the quality of life in this state. the highest cost of living, the highest poverty rate, the highest taxes, the highest housing costs. homelessness is rampant, crisis situation. we don't have enough electricity, we don't have enough water. on ton -- top of that now we have the pandemic management. small businesses that are being crushed. our kids have not gone to school. they're not involved in activities. and now the vaccine distribution is an absolute mismanagement. if gavin newsom were the head of a major corporation he would have been fired months ago. when you are in a hole the first rule is to stop digging. that's why i think this recall that's going on right now is going to be successful and i'm going to be there because i've run a small business for 40 years and i just can't stand watching the epic mismanagement that has gone on in this state. >> bill: leslie, chance to respond. the times writes no place the incoming administration is leaning on more heavily in setting a progressive policy agenda. your response. >> well, it depends on what you look at. if you are looking at climate, if you are look being at worker's rights and healthcare or high speed rail which joe biden when he wasn't president has always been a fan of, then yes, you would look to california. but it is not going to make the united states california. issues like raising the minimum wage to $15 an hour, florida has done that and that certainly is not a blue state. look, with regard to people saying people are fleeing california, last year we had 480,000 almost a half million people move into this state. if you look at the top 30 cities in the united states a max exodus from all of them across the country. part of the reason is individuals who are affected especially minorities disimportant potion naturally by koefld 19 both physically and financially due to job loss are leaving bigger cities. the 30 top most expensive cities to live in are moving someplace else sometimes out of the state with other family members until they can find another job. it is not all california all bad. it exemplifies what we're seeing in other states. the haves have more and have nots have less. >> dana: i want to show you this. californians in power today. kamala harris as vice president. janet yellen, pelosi. a lot of policy at the top. >> i want to agree with leslie. i agree 100% the rich are getting richer and the poor are getting poorer. what that does is it squeezes the middle class and the middle class and particularly middle class businesses, small businesses are being killed in california as they are in these other democratic-run cities where taxes are very high, regulations are very high. the biggest corporations can eat most of those expenses. in fact, silicon valley has been doing so well during the pandemic that california had a windfall tax profit of an extra $20 billion that wasn't expecting from silicon valley. you have the silicon valley island growing enormously while middle class businesses whether restaurants or anybody in the leisure business is getting killed in california. those the end to be small and middle sized companies. they're either dying and changing professions or moving out entirely. then you have other people like elon musk and other companies leaving for texas and florida and places with zero state income tax and far fewer regulations. so if the united states is going to look like california, you are going to have a squeezing of the middle class. you will have a larger disparity between the middle class and the richest of the rich and you will have a lot of people leaving. leaving the country, going back to ireland and places with lower taxes. >> bill: you both said a lot. two track jobs recovery piece in the "wall street journal" found that lockdown states have lost more jobs than the states that chose to stay partially open or even fully open during the pandemic. john cox, what do you think what this is ahead for the u.s. under a biden administration. >> i think california has benefited as leslie and david said from the great weather and the fact that wealthy people can do well out here but not the middle class. david's point is right on. the high taxes, the high cost of housing. i'm in the housing business. i can build housing in the midwest for 1/4 or 1/5 what it costs out here. when young people get older they have to figure out where they can best live. they will be moving away from california. and you are right t pandemic has made a big transition from the big cities because people can work from home and i think that's going to be a lasting legacy of the pandemic. people are going to move away from the big cities. they will go into the more rural areas. i think california can still be attractive because it's a wonderful place to live with great weather and we have all the baby boomers retiring that will want to retire to places that are enjoyable weather-wise but they have to have a livable place and reasonably affordable. california can be that if it gets the right management. i don't know how long the silicon valley companies will stay here and pay the taxes and keep footing the bill. >> dana: you can't find people in california to take you out of the state. leslie, last question to you. john said that he thinks that the recall effort against governor newsom will be successful. what do you think? >> look, when you have individuals who vote for someone whether they're democrat or republican -- i hated this when it happened with gray davis and when they recalled him. arnold -- they were worse off than if they stuck with gray davis. if you recall an individual, although you can, you spit in the face of tall voters who voted to elect that individual. that's what happened before. it was disastrous for california and i fear it's disastrous again especially during a pandemic covid-19. >> i was just going to say a lot of spinning going on in politics and we have to stop that. i again agree with leslie on that point. >> who do you replace him with? that's the big thing. >> dana: we can talk about this for hours. john, leslie, david, so much. >> bill: it's like a version of "the five". >> dana: one social media site is rising as an anti-facebook. as democrats prepare to govern with slim congressional majorities what's behind the new push for d.c. statehood. katie pavlich will join us next. ok everyone, our mission is to provide complete, balanced nutrition for strength and energy. whoo-hoo! great tasting ensure with 9 grams of protein, 27 vitamins and minerals, and nutrients to support immune health. here's exciting news for veteran homeowners and nutrients to who need cash. refiplus from newday usa. it lets you refinance at today's record low rates plus get cash. with mortgage rates low and home values high refiplus can help you lower your rate plus turn your home equity into an average of $50,000. money for security today. money for retirement tomorrow. refiplus from newday usa. >> bill: democrats now controlling and the white house, the push for progressive change is front and center. senator tom car per introduced a bill to make washington, d.c. a state and president biden saying that he is committed to studying supreme court reforms. how is that going to turn out. katie pavlich joins us now to discuss this. go ahead. why don't we start with the u.s. supreme court. where do you think this goes? >> well, bill, in washington, d.c. the good news for republicans and people who do not want quote court reform is that these bipartisan commissions are usually places where people talk about a lot of things, academic practices and come up with a report they send to congress with recommendations but rarely are they actually implemented. let's not forget this commission was created by president biden as a way for him to get out of answering the question of whether he wants to pack the supreme court. you will remember that was a huge issue on the campaign trail. he didn't want to answer it. he said i think we'll have a commission to investigate what kind of reforms are needed. now, he said he wants it to be bipartisan. one of his lead campaign lawyers who won a lot of cases against the trump campaign would be on this commission. he has asked a number of republican lawyers to be on it. really an academic exercise for him to get out of answering the question whether he wants to add more seats to the supreme court as democrats from the far left have called for. >> dana: the left will be upset the commission basically doesn't do what they want but we'll see what they come up with. >> you never know. >> dana: the other issue is something that joe biden tweeted as candidate back in june he said d.c. should be a state. pass it on. yesterday senator tom carper introduced the legislation with 202 co-sponsors. >> this is the most co-sponsors the house version of this has ever gotten. the senate there are 35 plus senators who have co-sponsored this. unless democrats can get rid of the filibuster it is unlikely to go anywhere. 10 republicans in the senate would have to vote for this. arizona senator kyrsten sinema and joe manchin aren't willing to get rid of the filibuster at this point. constitutional scholars say they can't do that. if it were to pass in the future i bet you would see a number of lawsuits trying to prevent d.c. becoming a state. interesting to watch democrats trying to shore up their power. it's a very blue place. republicans would never win in washington, d.c. and give democrats two more seats in the senate. >> bill: if you go with puerto rican argument for that as well. that discussion and the supreme court. a quote from demand justice executive. he said the supreme court has become too partisan and political with the united democratic government. the time to act is now. that will remind you quickly of the phrase elections have consequences. donald trump won. he had three justices to fill and he did it. >> well, and bill this is going to be interesting to watch. if there are retirements on the supreme court while joe biden is president, it will be interesting to see if joe biden reverts back to the traditional process of the president appointing a nominee and the senate deciding to either confirm or deny that nominee or if they'll go with another process that they're trying to implement. there was a ton of outrage over president trump replacing justice ruth bader ginsburg but let's remember she said nine supreme court justices on the court is a proper number. so this is an issue we'll watch going forward. >> dana: i predicted this summer of 2021 there will be a supreme court battle. that's my prediction. >> i think you're correct. >> dana: thanks so much. see you on the five. biden preparing to sign new executive orders on healthcare. what it means for obamacare and the trump administration's changes to medicaid. troubling signs al qaeda might be gaining strength in afghanistan. what it could mean for bringing american troops home. ♪ ♪ the chevy silverado trail boss. when you have a two-inch lift. when you have goodyear duratrac tires. when you have rancho shocks and an integrated dual exhaust. when you have all that, the last thing you'll need... is a road. the chevy silverado trail boss. ready to off-road, right from the factory. look, this isn't my 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pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> bill: al qaeda gaining strength in afghanistan. will continue to operate with and under the protection of the taliban. benjamin hall is back in london for more. good morning. >> good morning, bill. the whole premise of the deal that president trump was working on with the taliban they would disown al qaeda in exchange for u.s. troops leaving the country. they're not doing that and goes so far as to suggest that al qaeda is gaining strength in afghanistan and says that some taliban factions discussed forming a joint unit with the terrorist group. the report reads al qaeda capital eyess on its relationship with the taliban through its network of mentors and advise sores. the biden administration would assess whether the taliban was living up to its commitment. yesterday the taliban issued a denial saying we reject this report. it is being compiled by war mongering circles based on false information. no al qaeda operatives present in afghanistan. the number of troops in afghanistan is 2500 and commitment for all troops to leave by april if the deal proceeds. violence levels surged and the fact it will have to be reviewed. not only the u.s. treasury saying al qaeda working with the taliban but nato and the u.n. has said that. the biden administration will have difficult decisions ahead regarding afghanistan. >> bill: thanks, ben, nice to see you. >> dana: president biden steering clear of a divided congress acting to breathe new life into obamacare. a new hour of "america's newsroom." i'm dana perino. >> bill: i'm bill hemmer. >> dana: i had d half a banana the break. >> bill: gamestop is up 37%. the revolution continues. >> dana: we'll stay on it. that's amazing. >> bill: president biden expected to sign executive orders on healthcare today and reopen obamacare markets for anyone who missed open enrollment and plans to make it easier to enroll in medicaid and to expand access to women's reproductive healthcare at home and abroad on the agenda today at the white house. >> dana: you have to say one thing about the white house. i notice in the campaign. their team is tight knit. if there is any internal debate they don't leak anything. they are so disciplined. today we're doing climate, today they're doing healthcare and they do not waiver. >> bill: more ink. "new york times." >> dana: they're burning up the pens. >> bill: "new york times" beats up on the executive orders. >> dana: a ton of executive orders happening, ari. i'm so excited. we don't have him yet. >> bill: we have a ton of questions for ari, stand by for that. in the meantime president biden's pick to lead the civil rights division of the justice department. kristin clark coming under fire for controversial supporting black racial superiorty. mike, good morning. >> on october 28th, 1994 kristin clark wrote in the harvard student newspaper black infants sit, stand, crawl and walk sooner than whites. melanin en douse blacks with greater spiritual and mental abilities can't be based on standards. an article criticizing a 1994 book on the bell curve. the authors saying human intelligence is influenced by inherited and environmental factors. now kristin clack is defending her article telling "newsweek" it was meant to express an absurd point of view fighting one ridiculous racist theory with another ridiculous theory. the reason it's drawing scrutiny now is because she has been nominated to lead the justice department's civil rights division. >> president biden: now she will return full circle to pursue the vital work where her career began, the civil rights division represents a moral center of the department of justice. >> the department and especially the civil rights division has always occupied a special place in my heart. the clarion call of equal justice under law is what binds us together as a nation. >> clark will face senate confirmation. timing is unclear as lawmakers need to confirm cabinet posts first. in a 50/50 senate controversial past comments could threat en confirmation. we've reached out to kristin clark, white house and justice department for comment but not heard back. >> bill: we'll see what happens there. nice to see you, mike. >> dana: image at the top president biden is continuing action on healthcare today moving to reopen the obamacare market and roll back changes to medicaid put in place under the trump administration. we have ari fleischer now. i was so excited to talk to you i was jumping the gun. remember back in 2010 when president obama lost in that mid-term election? after obamacare was put forward. and obamacare is more popular now than it was then but it has had changes and like the frankenstein monster. what are they trying to do today from the white house? >> what they're trying to do is every healthcare plan in america has a limited enrollment period. you can't keep having people jump on and off. discipline in a marketplace and make it an efficient marketplace. they have a limited window. president biden is doing today is acknowledging that so many people are going to need access to individual health insurance particularly if he keeps getting them fired from their energy jobs like at keystone they need to have a bigger window to get healthcare access. so he is expanding that window, providing additional three months of access and it's when you have a bad regulation that makes people lose jobs you create another regulation that puts more people on the government program. that's what they're doing. >> bill: a lot of these executive orders are getting a lot of attention and rightfully so. this is the way that washington has come to govern itself. it doesn't have an everlasting effect because it is not law. >> that's true but there is a real warning here for republicans. this is what happens when republicans are good at giving speeches and bad at writing legislation. republicans ran in 2016 on repeal obamacare and replace it. if they failed to come up with legislation to replace it. so as republicans are now in the minority, they need legislators who can be a think-tank and a legislation tank. they need to figure out what the right replacement is. because you can't beat obamacare with nothing. so until republicans can get their act together and learn how to legislate again and pass policies that can be signed into law, there is a hole in republican thinking. and republicans need to fill it with better alternatives. >> dana: an argument to be made in 2018 the republicans lost the house in part because of the lawsuit that was filed on behalf of the trump administration and the republican attorneys general to try to push back on obamacare and democrats said well that means that you would strip everyone of pre-existing condition coverage. and then the president, president trump kept saying i'm going to -- just wait a couple more weeks and i'll have a healthcare plan out but it never came out. can republicans reenergize and reunite around healthcare like they did back in 2010? >> they can if they have a viable alternative. it is one thing to say obamacare is bad. now it is growing in popularity the longer it has been on the books. so if republicans want to be successful in repealing it they need to come up with something new, better, and different. this is where i still question republican bon fieds. i think republicans have grown into a strong communication policy of opposition but can they govern? can they pass laws? what are their ideas? that's what you do in the minority and that's what they need to do particularly in the house. >> bill: you talk about the 30 minutes ago about packing the security with katie pavlich. there is a movement toward that. do you think president biden who called it a bone head idea 30 years ago would go for it? >> nobody knows. it is a pressure issue. how much pressure will joe biden be under. what's the problem that needs a commission to explore? there is no problem. the supreme court has had nine members since 1869. for 152 years regardless of who the president was democrat, republican, back and forth. we've had nine justices and it has worked. why today, what's different? nothing is different. so i don't know why they need a commission and the only thing i can think about this is a sign, joe biden is weak. if he was a stronger man and president, not so passive he would say we don't need this. we're not expanding the court. but he doesn't want to antagonize the left wing base, hence the commission. >> dana: interesting, it's true. thank you, ari. >> thank you guys. >> it's not a secret that the relationship between the united states and china is arguably the most important relationship that we have in the world going forward. it is going to shape a lot of the future that we all live. and increasingly that relationship has some adversarial aspects to it. >> bill: newly sworn in secretary of state anthony blinken walking a fine line on china saying the u.s. will cooperate with beijing on issues of mutual interest but confront it when necessary. jack keane with us now. how do you think this will go after four years of being very tough on china, this administration do you believe will do what? >> well, i think what they already are doing, one is more of a conciliatory tone with china than the trump administration was, less emphasis on a tariff war and looking for ways to cooperate likely on climate change as he indicated and also the pandemic. but the real issue is that china clearly wants to dominate the pacific region and change the international order as it currently is. take it away from the emphasis on western democracies and develop their own sphere of influence. a major long-term threat to the united states as well as a near-term threat. right now as we are unfolding the biden administration is being tested by the prc. not surprising. they want to tell as a result of the incursion in taiwan and the skirmishs that restarted on the indian border, what the prc is saying is look, we are the dominating power in the region, the united states is no longer that power. we are that power. we have self-interest and national interests and we're going to exercise them. they want to see what the biden response will be but it is equally as important that they're trying to rattle our allies in the region. >> dana: i wanted to take you to a different part of the world in afghanistan of course. we have troops there and yesterday it was said that by secretary blinken that the biden administration has asked the person doing the afghanistan conciliation attempt to stay on. there could be al qaeda in afghanistan. the taliban is saying it's not true. i don't think i believe that. what do you think this means going forward for that peace deal and whether the biden administration might decide to leave some troops there? >> well, first of all i thought the deal that the united states made with the taliban back at the gieng of last year was fundamentally flawed. why is that? we did not ask the taliban to separate themselves from the al qaeda and give them up. that was a huge mistake. we did not insist -- if we have some kind of negotiation here between the taliban and eventually the afghan government, why not have a cease-fire? we tried to get it. the taliban put no stock in any of that. now this is the second report that we've had in a year the other one was about the united nations security council, this is by our own department of treasury that says the al qaeda threat is growing inside of afghanistan. that's why we have a residual force there of 2500. it should be 4500 in my mind. it was arbitrarily turned down to 2500 having nothing to do with the conditions on the ground. equally important and maybe more important is by having troops on the ground we have access to air power. this is the insurance policy against the al qaeda which still has aspirations to attack america and remember, the only reason we're in afghanistan is because they did attack america successfully once before. i believe we are going -- i think they will wind up keeping troops there because of the uncertainty around the al qaeda. >> bill: general, we have been in your own briefings where you scan the world and tell us what concerns you. now you have a new administration coming in facing this world. so then today what concerns you? >> the thing that concerns me the most is china and their desire to dominate, military expansion, political, technological, and economic expansion all at the expense of the united states and allies. president xi is the most ambitious and maligned leader we had dead set about achieving his goals. and this is something while we're going to do some cooperation, we're going to have to confront him with our allies. it will take a whole of government approach. this is not just state department and d.o.d. and the c.i.a. this is the entire government because the p.r.c. strategy is so comprehensive, bill, that we have to do this across the entire spectrum of government and do it in concert with our allies. we haven't seen anything like this since the soviet union post world war ii and the second thing is iran. >> bill: would you agree after pompeo and trump and four years talking about china america has a different posture toward beijing? >> absolutely. our allies really appreciate it. the biden administration as they get out to talk to our allies will find out our allies appreciate the trump administration standing up against china and shoring up our relationship with them so that we have their back. that's a good thing. biden and team have got to continue that. >> bill: we'll talk about iran next time. that's a big topic, too. >> dana: have a great day. 10:14 now. police in d.c. say 71-year-old man was arrested with a weapon and ammo at american veterans disabled for life memorial near the capitol building. he was parked at an intersection and police stopped him and questioned him there. we'll get more information on that. more than 400 suspects now under investigation for the riot on capitol hill and some of them could face sedition charges. what it would take to convict them. plus some lawmakers want to know why thousands of national guard troops are still in washington and stay there through march. is there a danger we don't know about? 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(soft music) ♪ ♪ hello, colonial penn? want to brain better? unlike ordinary memory supplements— neuriva has clinically proven ingredients that fuel 5 indicators of brain performance. memory, focus, accuracy, learning, and concentration. try our new gummies for 30 days and see the difference. here's huge news for veteran homeowners. introducing refiplus from newday usa. refiplus lets you refinance at record low rates to save money every month plus you could get an average of $50,000 cash. that's money for security today and money for retirement tomorrow. refiplus, it's only for veterans and it's only from newday usa. >> dana: federal records show the family of u.s. climate envoy john kerry owns a private jet despite his leading the fight against fossil fuels and climate change. the faa register shows a gulf stream jet owned by flying squire el, the name previously reported carries private jet company. the company's address not just that of the heinz family foundation. people like to point out he objected to offshore wind off the coast of his little family home there in massachusetts. >> bill: yep. >> dana: what do you think of that? >> bill: the irony slaps you in the face. after the monologue we got yesterday? >> dana: we talked about this the first hour. the idea that you can just go get a new green job and that you will be paid the same. they have to put up -- >> bill: cap the methane wells. that will employ people. the thing they were lacking was the science yesterday. all an appeal for emotion. , so little data. >> dana: it is a feeling in our bones. they have a lot of science they could have used. you feel it in your bones. >> bill: federal prosecutors expanding their focus as they investigate the capitol riot considering charges of sedition against some of the 400 suspects already identified. geraldo rivera, leo terrell civil rights attorney. nice to see you guys. you seem fired up. a couple things we want to get to here. why are there 7,000 national guard troops still in washington, d.c.? what was this warning that was so nebulous yesterday that went about domestic terrorism yesterday? what are they going at here? >> well, you know, we're pretty good at closing in the barn door after the horse has fled. in washington i think there is a feeling let's get through this whole impeachment saga and then we can start returning to normal. right now what the capitol is is a crime scene. the more they do to secure it is fine. i'm not bothered by it as long as the troops themselves have humane place to rest their weary heads. i don't mind the symbolism at all. >> bill: 7,000 troops now leo in d.c. 5,000 through mid-march. you know what happens is over. are they being used as props, leo? >> thank you very much, bill, for the question. they are being used by the democrats. it's a propaganda machine. the democrats want to keep the public with the mindset it was caused by trump. why don't we use those 5,000 troops in portland, in seattle, in chicago where there is ongoing rioting? there is no evidence and the republicans have been asking for evidence to justify why those troops are there. i will submit to you they're there for one reason, to be used for a democratic commercial to keep tarnishing trump and the republicans. >> have you minimized what happened january 6, a date in infamy? you have to do the best you can to make sure it never happens again. >> that's great role playing. >> that's a sacred spot. >> we have calm in washington, d.c. we have chaos in seattle and portland. the funny thing about the democrats and what you are saying, you are ignoring the ongoing violence in the northwest. what's the difference? tell the american public. >> why can't we do both? i'm not ignoring it. >> dana: there might be intelligence that the national guard or our authorities have but not explaining us to and not being specific. people are left to draw their own conclusions a bit. tucker carlson took it on last night and here is what he said. >> there are nearly 10,000 federal troops in our capital city tonight. why are they there? how long will they be staying? no one is being specific so you're left to draw your own conclusions which people naturally are. not making anyone more moderate. if you are worried about extremist you wouldn't put 10,000 troops in your city making everyone more radical and crazy. >> dana: three weeks since the riot we haven't had a comprehensive briefing and don't know anything more than we did january 4th? >> if the intent of the speaker of the house or whoever has jurisdiction over the whole property, if the intention is to remind people of what happened i'm fine with that. what happened was something so historic it was such a scar on our nation's capitol and on our form of government that i appreciate that people are taking it so seriously that we even have guardsmen deployed three weeks later. because what happened there are -- there are 400 who are meaningfully accused of crimes as serious as sedition. five people died there on that holy ground. i think that it is within reason for us to keep this historic tension going until at least this chapter is closed. >> what geraldo just told the american people they are being used as props and reminders and ignoring for the last two weeks what is going on in the northwest. it is an ongoing crisis, rioting, criminal activity. these national guard troops are not being used at all at the expense of the democratic party. i think it's disingenuous to ignore and constantly saying this throughout this segment, the northwest. what is going on there? crime, the murders, black lives matter. antifa. i tell you why. crime going on in the northwest is a left extreme side and the democrats do not want to upset their base. >> may i suggest -- >> bill: i see it referred to tacoma and portland violent riots have continued to three or four days and covers such an umbrella of a statement. go ahead. >> i think that what the congress has to do now, what the senate specifically has to do with this vote yesterday that cleared 45 republicans are not going to go along with impeachment. i spoke with senator rob portman this morning. what the senate has to do which is a joint bipartisan resolution to censure donald trump. let's censure him. let's say what you did was unacceptable. you incited that. we know that you won't be convicted on impeachment. we censor you. you can run for office later if people want you to. let's have a remedy for what happened. >> how dare you blame donald trump for that. we have a rule of law. we have due process. for you to come on and say he was responsible is wrong. you should not say that and you should apologize to president trump for that statement. you have no facts to justify that. >> president trump needs to apologize to us. >> you're wrong. i think you should review the first amendment again because i will ask you right now on tv. tell me the magic words he used to incite those criminals. tell me the magic words right now. >> i will give you three weeks of incitement. what in the hell did you think the crowd would do when they got fought capitol? 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>> well, i think they're right. i think this is an ideological statement by the administration. they want to placate their radical base but the fact of the matter is 280 million cars on the road. we won't be able to transition to electrical vehicles or other things but we should do what we can to try to reduce emissions which we've done through the use of natural gas. so this is really more of an ideological statement by the administration but so hopelessly out of touch. this idea the people who are put out of work by canceling the keystone pipeline can go to work making solar panels is really an insult to the people who workday in and day out providing for their families. >> bill: you can cap oil wells that are giving off methane gas in places like pennsylvania and west virginia and she seemed to suggest those are the jobs to which you can transition immediately and still make a buck. what do you think of that? >> well, that's something the industry definitely needs to do better on, which is capping those methane emissions. that's basically money escaping into the air. but they don't have the infrastructure to put it back in the pipeline and sell it to communities for electricity generation for example. there are clearly things we can do to make things better when it comes to emissions. this whole idea we transition immediately to the green new deal put millions of people out of work is fantasy. >> dana: i want to ask you another thing about on your plate. impeachment and where that's going. listen here. if you voted that it was unconstitutional then how in the world would you hope to convict somebody for that? 45 of us almost the entire caucus, 95% of the caucus voted the whole proceeding was unconstitutional. this is a big victory for us. democrats can beat that partisan horse as long as they want. this vote indicates it's over, the trial is all over. and yet the trial is going to happen, is that right? >> it is going to happen starting on february 9th. i'm waiting to see what the impeachment managers present. they certainly didn't get any witness testimony like they did in the previous one through hearings and cross examination in the house. i'm not sure what they will present us. i share senator paul's concerns. this is an unprecedented impeachment of a private citizen who has now left office. no provision in the constitution for it. i think the precedent it sets not just for president trump but future presidents who can go back and impeach former presidents when you get a new majority in the house and senate is a dangerous precedent. >> bill: it appears that democratic impeachment managers will present video and images from january 6th that lasts for several hours. there is a lot of that material. how much concern do you have they'll cast all those who voted for president trump in that same category? >> january 6th. it was a disorienting experience. i don't believe everybody that showed up on the mall that day was guilty of a crime, vandalism or insurrection. i know that we've asked the f.b.i. to alert us about extremist groups that may have infiltrated that group even foreign intelligence services. we've asked the f.b.i. for that information. it would not be uncommon for the russian intelligence services, for example, like they did in 2016 to try to interfere with the election and create chaos and in that setting as well. so we just don't know enough. i don't think we can just simplisticly paint with that broad brush and decide guilt by association. >> dana: a lot of this we don't have this information so nobody -- everybody is jumping to conclusions. we need a lot more information from authorities. >> bill: thank you, hope you come back. john cornyn, republican from texas. president biden's new orders on climate change looking like a blast from the past sticking closely to policies under president obama. green companies got hundreds of millions of dollars in taxpayer money. tesla took off. others went belly up. william la jeunesse live in l.a. with more. is there any way to avoid the mistakes of the past, william? good morning. >> not if you want to reach the president's goal. there will be victims, bad investments, waste and fraud. oppressive regulations. biden's team argue their plan to reduce emissions gross wind, solar, electric cars and those who lose the oil and gas jobs will get better green ones. >> so when you get down to it, this is the best investment we can make as a nation dollar for dollar to create the kind of strong, durable, broad-based job growth we need to get this economy humming again. >> critics say president obama made similar promises that did not deliver spending billions on loan guarantees for companies like many who went bankrupt and geo thermal projects. a bullet train. carbon capture project that went nowhere but lined a pockets of political allies. regulations, shut down plants, sent jobs overseas, retrofitting homes and unemployment remained high and some fear big government will make the same mistake again. >> a lot of the times they just funneled money to politically connected companies or subsidized wealthy individuals like the electric vehicle tax credit has gone to some of the most wealthy americans and so this is really robbing from the poor and paying the rich. >> california shut down nuclear and glass plants to clean the air only to face black-outs when renewables couldn't meet demand. it did nothing to reduce global demand. many support the programs but worry about the regulations and say washington should stay out of the venture capital business. >> bill: thank you for that. we'll watch it. it is going somewhere. we'll find out. >> dana: social media site mewe has seen a big surge. ♪♪ [ engines revving ] ♪♪ it's amazing to see them in the wild like th-- shhh. [ engine revs ] for those who were born to ride, there's progressive. >> bill: an interesting story, millions of users flocking to the social media site mewe, an alternative to twitter and facebook. the anti-facebook. it's rise in popularity coming as some lawmakers and former president trump are calling for the repeal of section 230 which protects social media companies from any liability for a user's posts. mewe ceo writes in a "wall street journal" piece small sites need section 230 to compete with facebook and twitter. they can afford armies of lawyers to defend against liability. mark weinstein is our guest. good morning to you. business is booming we understand for you. tell us why. >> well, bill, look, we all have irreconcilable differences with facebook and twitter. we've been abused, violated countless times repeatedly. all of us are looking for a social media company we can trust that respects us as customers to serve not data to target and manipulate. that's what mewe is. it's social done right. the new mainstream. and we're here. all the social media features people love and none of the b.s. >> dana: i have a question. i love your back drop there. a lot of interest. biker, some tennis rackets and guitars. a lot going on and this new company. the government has filed a lawsuit against facebook for antitrust violations. but with the ability for you to get millions of users does that prove competition can triefsh and is facebook not a monopoly? >> i said i compete with facebook. they aren't a monopoly. our business model is completely different. you can't be targeted. news feed is 100% who you are connected to with your new followers. no way for an advertiser or marketer to target you. so there is none of this. i said facebook b.s. the free market has to solve the problem. government regulation will just exacerbate the problem and institutionalize surveillance capitalism, a business model that twitter and facebook follow. >> bill: the free market is what helped facebook, twitter and instagram and google grow and give them enormous power. >> right, bill. but now if you look at the antitrust argument. facebook has spent years buying up all competitors. they can't do that with mewe. section 230 let's look at that for a minute. if section 230 would be repealed every social network would have to spy on every word, any member because they would be liable for the content. that's absurd. it would just give facebook and twitter a whole market. we have to keep section 230 in place. it's for free market competition. the free market can and is solving this. mewe is proving that right now. >> bill: business is good for you. thank you, sir. you say no b.s. find it hard to believe. >> dana: that's good, right? there are alternatives. >> bill: you say it, we'll decide. >> grew by 30% this month. >> dana: fox news alert now. new york's attorney general says the number of covid deaths in nursing homes in the state may have been undercounted by as much as 50%. we'll have a live report next. an homeowners. with home values high and mortgage rates at their lowest now's the time to refinance and turn your home equity into money for your family. that's me. introducing refiplus from newday usa. take advantage of record low rates plus get cash for security today or retirement tomorrow that's me. refiplus. only from newday usa. ♪♪ here's to the duers. to all the people who realize they can du more with less asthma thanks to dupixent, the add-on treatment for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? talk to your asthma specialist about dupixent. if your financial situation has changed, we may be able to help. >> bill: a lot of reverb braitions, shocking report on the nursing home scandal in new york on deaths caused by covid-19 across the entire state. we're on this from the beginning in fact. brian, the news is not favorable here. it's a stunning report about 50% of the deaths may be higher than as what has been reported. what do you have now? hello. >> yeah, bill, good morning. a bombshell report. 76 page preliminary report on the investigation conducted by the office of the attorney general here in new york which found that the deaths in nursing homes assisted living facilities of covid-19 in the state were undercounted by as much as 50%. the report also found that nursing home facilities lacked proper ppe as well as testing for covid-19 which led to the increased risk of death of those people in these long-term care facilities. the investigation also found that some nursing homes are to blame, too, for their lack of compliance and poor service. more than 20 nursing homes are now under investigation. also in terms of the undercounting of deaths, in the investigation there was this example. take a look at this. in one example, 11 confirmed or presumed deaths were counted in one nursing home. the actual number of deaths were 40. more than 8,000 people have died of covid-19 in nursing homes in the state. that is the official count but families have long suspected that the death tolls were far larger than that. remember, more than 42,000 people have died of covid in new york. that's the largest number in the country. now under governor andrew cuomo the state was only counting those who died of covid-19 inside the facilities. they were not counting those who died of covid-19 while they were at the hospital. the state also found that the march 2020 new york state department of health guidance to nursing homes and long-term care facilities requiring them to accept covid-19 infected patients that were just released from the hospitals may have increased deaths. this is despite governor andrew cuomo's claims they conducted a study that found there was no correlation between that d.o.h. order an the number of deaths. in a statement in the release government guidance requiring the admission of covid-19 patients into nursing homes may have put residents at increased risk of harm in some facilities and may have obscured the data available to assess that risk. now governor cuomo's office said they were following federal guidelines to insure no one was denied access to these long-term care facilities but again he has been under incredible pressure from critics and families who point to that order as the reason why there were so many deaths in the facilities. in a statement attorney general james said this. as the pandemic and our investigations continue it is imperative we understand why the residents of nursing homes in new york suffered at such an alarming rate. the big question now bill is what happens next. in this report the attorney general calls out the fact that frankly under a march 23, 2020 immunity clause signed by the governor, a lot of these nursing home facilities and those responsible for the deaths fall under immunity. she is asking the new york governor and the state to overturn that immunity clause, that those -- so that people can be held responsible for these thousands of deaths. but there will be a lot of questions for the governor. families have been asking for a long time where was the data. they believe there were more deaths than were actually being counted and believe the order in march of 2020 ordering people back into nursing homes despite the fact they were infected with covid-19 caused more deaths. this report at least preliminaryly is saying it looks that way and we'll continue to investigate. >> bill: stunning stuff. thank you. quick reporting on that. the governor was talking about that this week. >> dana: the governor did an interview which he said it was federal incompetence and incompetent government kills people. more people died than needed to die in covid. it is indeed. another thing is remember this governor wrote a book about how well he did in the pandemic response. it became a best seller and won an emmy for his briefing. and now you have families they weren't there to be able to hold their loved ones hand or have a funeral and now finding this out. >> bill: what bryan is reporting at the end. these were covid patients treated at local hospitals here in new york and the order came out that said once they are released from the hospital, the nursing home must take them back in. well, these nursing centers with all the elderly were the most vulnerable of all at any point in covid-19 especially during march and april of last year. so really stunning indictment. we reached out to the a.g. >> dana: thank you so much. harris faulkner and "the faulkner focus" up next. >> harris: outrage intensifying as critics say president biden's climate plan amounts to a war on american jobs. i'm harris faulkner and are you in "the faulkner focus". the president signed a new round of executive orders focused on climate change freezing new leases on oil and gas drilling on federal land, on his first day in office, biden canceled the keystone pipeline, a move expected to cost about 11,000 jobs. that's what we've been getting into at this hour. meanwhile senator ted cruz is taking aim at biden climate