johnson says so far president biden is failing. >> president biden took an oath to support and defend the constitution. he is constitutionally obligated to faithfully execute the laws and that's what he is not doing. no, i'm highly concerned. we have the crisis at the border now. they're coming and it already is a crisis and it will be building and it will be a disaster. >> harris: moments from now "fox & friends" weekend host pete hegseth on president biden's immigration agenda. in focus this hour. former acting attorney general matt whitaker on the senate impeachment trial that begins tomorrow. radio host jason rantz on antifa getting involved in protests in washington, d.c. i want to go first to william la jeunesse talking about immigration at the border live in los angeles. william. >> the white house said saturday the southern border is not open. but three things happened this weekend that send a different message. one let's start with a new ice director that says agents must concentrate on national security threats, aggravated felons released from prison not to deport migrants arrested or convicted of crimes including assault, drunk driving, money laundering, fraud, theft, robbery or domestic violence. one agent telling the "washington post" they've abolished ice without abolishing it. it feels like we've gone from the ability to enforce our immigration laws to now being told to enforce nothing. secondly, president biden said saturday that he was terminating agreements with guatemala, honduras and el salvador that required asylum seekers to apply there, not here. finally, the u.s. is returning to a policy of catch and release rather than detain and deport. cbp released more than 1,000 newly apprehended migrant families in texas with bus tickets to live with relatives in the u.s. with a pom promise to appear in court in the future. >> if you send out the signals our borders are open and remove policies that have been effective what are the results going to be? an increase in illegal immigration. shocker, right? >> what's happening in texas could spread nationwide as more central americans en masse at the border. mexico is refusing to take back any more forcing cbp to detain them. something president biden doesn't want to do or release them. with covid cbp detention and transport capacity is down 75%. thursday border patrol apprehended 254 migrants in one hour in one area of the rio grande valley. the other problem, harris, is that the administration requires a negative covid test if you arrive internationally at the airport but not doing that at the border. of course, that's a fear because you don't know these people's medical or travel history and they are traveling elsewhere in the united states. back to you. >> harris: that's particularly important, william. we know we have different variants and strains. some of them that are quite dangerous that are coming from other parts of the world. we need to know what's here. apparently if we don't provide that testing we won't know. william la jeunesse, thank you very much. pete hegseth co-host of "fox & friends" weekend is with me. there are so many problems with this already. you heard william la jeunesse reporting then. the covid-19 segment of this, president trump tried to deal with that with title 42. what is happening? >> that's a big part of it. if you are going to say we'll follow the science and i'm here to bring the country back to normalcy and then you will ignore the fact that people from other countries with different strains are allowed to flood in you aren't following the science and not doing your job. we've seen testing kits flooded down to border states because they've needed them. there has been an influx of cases because we aren't tracking who is coming and what the dynamic is. the american people would be excused if they have whiplash. i can't imagine what it is like to be a ice or body are patrol agent. they're creating a sanctuary country. they're abolishing ice at every level. not working with the countries at the source. el salvador and honduras and guatemala. they're scrapping those agreements. scrapping the idea of enforcement at the border. stopping construction at the border wall and catch and release. interior enforcement is gone and we expect people to show up for cases with no ability to trace them and not deporting people and saying we'll limit deportation to people who are national security threats. not things like i don't know, assaults and dui. if you are here illegally you commit an assault apparently now internal enforcement you aren't a priority. what about the people affected by the crimes of illegals? >> harris: i consider those violent crimes to be a national security problem if you have people who commit assault. i don't understand how it couldn't be. texas attorney general. you mentioned how this is maybe going to affect other states. ken paxton has sued over joe biden's orders. he explains the impact on his state of texas. let's watch. >> now we have health issues. we have covid issues which we know. on top of that law enforcement issues. problem with human trafficking and drug smuggling and all kinds of gang issues. and then in addition it costs our state a lot of money. we have to take care of education, healthcare costs, law enforcement costs. it is hard for us to assess what ultimately that will end up costing us. >> harris: pete, just to get back to what i was saying and tie it into what ken paxton was saying there. we aren't able to vet people to figure out what they were doing before. >> criminals, gang members, sex traffickers we're allowing them into our country unaccounted for. we don't vet and release them. it is what trump warned against and talked about. why his immigrations were popular among those who supported them. no one put america first before. the law is the law and applied to everyone. come here legally to check your background and make sure are you the desirable type of citizen you want so you can be welcome here. letting anyone in in the middle of a pandemic will cause serious problems. >> harris: i want to get to this. "los angeles times" op-ed writer is under fire today. in a piece titled what can you do about the trumpites next door? the author wrestles with the fact her trump supporting neighbor cleared her driveway after a snowstorm without even asking. she writes the favors hezbollah does for people and on the side probably won't involve snowplows. however, other mafias, hezbollah tends to its own. the shiites, sick, elderly and hungry. they offer protection and hospitality and win loyalty that way. the chairman of georgia's republican party said the writer can't fathom good in people with whom she disagrees politically? sad. this, your leftist neighbors hate you and want you dead no matter what a good neighbor you are. pete, your reaction. >> what do you even say? this feels like it had to have been written by the babylon bee. parody on how someone would view a trump supporter. no, it was in the "l. a. times." this person in virginia was being honest. it snowed in an area that doesn't snow that often at her covid getaway. the neighbor next door who flies a trump flag plowed her driveway. basic decency in a neighborhood. she spends 800 words contorting herself to wonder whether or not the person who flew a maga flag is the same as hezbollah or nazi sympathize ?er this is how dehumanizing it has come to for trump people. she offers a standing invitation to make amends. i will thank you if you apologize to me for supporting president trump and all the other 75 million. it is a scary place. devoid of any common sense. >> harris: you know, what's really interesting about it, though, how much it represents weakness. we are supposed to be a country where people can disagree and still come together on things like snowstorms and helping each other out. it shows weakness. the argument is so weak on one side they can't take a challenge. biden says former president trump shouldn't get the intelligence briefing that the usually allowed their predecessors. >> there is no need for him to have the intelligence briefing. what value is giving him an intelligence briefing? what impact does he have at all other than the fact he might slip and say something? >> harris: white house press secretary jen psaki said the president was expressing his concern about former president trump receiving access to sensitive intelligence but has deep trust in the intelligence team to make a determination how to provide intelligence information if at any point former president trump requests a briefing. you have traveled all over the world. you have served this country. you know a lot about those briefings and how they come together. what's the biden administration's concern here and is it one we should all be concerned about or not? >> no, they're playing up the characterization that donald trump was never legitimate and is not legitimate as an ex president. that's the ethos of this. was there a concern about the intel briefing when president bill clinton was involved -- [inaudible] >> harris: thank you very much, good to see you, pete. president biden is putting the closure of schools in stark language calling it a national emergency as the cdc prepares to issue new guidance later this week. however, is the president putting the teachers unions. >> you have to do it with the same standard. you can't criminalize republican speech and ignore the democrats who have incited violence. >> harris: senator rand paul calling out democrats for hypocrisy as president trump's impeachment trial begins tomorrow. are they playing by two sets of rules here? former acting attorney general matt whitaker is with me next. stay close. it's time for the ultimate sleep number event on the sleep number 360 smart bed. can it help with snoring? i've never heard snoring... exactly. no problem. and... done. and now, save 50% on the sleep number 360 limited edition smart bed. plus, 0% interest for 60 months on all smart beds. ends monday. it's a new day for veteran homeowners with va loans. with mortgage rates at record lows just one call to newday can lower your payment and save you $3000 a year. that's me. the va streamline refi is a benefit you earned with your service. and at newday, there's no income verification, and no appraisal. that's me. the va streamline refi from newday usa. get the savings you deserve. >> i think if we criminalize speech and somehow impeach everybody who says oh, go fight to hear your voices heard, really we sought to impeach chuck schumer then. people want to hold president trump accountable for language there has to be a consistent standard. to my mind it is a partisan farce. they aren't doing anything to chuck schumer or representative omar, not doing anything to maxine waters. it is just not fair. >> harris: senator rand paul accusing high profile democrats of a double standard as president trump's impeachment trial begins tomorrow. he is accused of inciting the capitol insurrection last month. the senator says democrats are unfairly targeting political speech and they themselves have used come pative rhetoric as well. we pulled examples for you. watch. >> i want to tell you, gorsuch, i want to tell you, kavanaugh, you have released a whirlwind and you will pay the price. [cheering and applause] >> go to the hill today. get up and please get up in the face of some congress people. >> if you see anybody from that cabinet in a restaurant, in a department store, at a gasoline station, you get out and you -- and you tell them they are not welcome anymore anywhere. >> harris: you heard what she said clearly, right? congresswoman waters is now denying she was encouraging violence against members of the trump administration. watch the latest from her. >> as a matter of fact, if you look at the words that i used, the strongest thing i said was tell them they're not welcome. talk to them. tell them they're not welcome. i didn't say go and fight. i didn't say anybody was going to have any violence. so they can't make that stick. >> harris: joining me now former acting attorney general matt whitaker. talk to me about double standard. does it exist? what do you see? >> washington, d.c. wouldn't exist without hypocrisy. let's start there. what i do see is i know when maxine waters made those statements i was in the administration and i'm certain the security detail at the department of justice was very concerned about the heightened risk to people like myself. so i don't think -- if we criminalize and impeach for speech we're in trouble. harris, i've noticed another thing that is happening now. the criminal stand forward for incitement is in a supreme court opinion lays out a very clear standard. democrats have been saying this isn't a criminal proceeding so that standard doesn't apply. if the law don't apply and if the supreme court's precedent doesn't apply all we have is a partisan impeachment and just another attempt to take power away from the people who supported donald trump and who may want to reelect him in the future. so i see a real concerning precedent that hopefully this will not happen. >> harris: teach us about how it works. you cited the case branden berg, versus ohio. senator rand paul said impeach chuck schumer. how would that work? will it just become a political football now? >> yeah. it is a political football when republicans take over the house. you should expect them to impeach someone, maybe a president, maybe a member of congress or a senator. it is just going to be a back and forth and ultimately it is not good for the republic. >> harris: could you impeach chuck schumer? i just want to know how it works. >> congress plays by their own rules and sets their own rules. there has been historically senators that have been impeached. in fact, after they were done serving. so this is something that will be again it's cheapening the impeachment standard. distracting congress right now from what they should be worried about like arresting the violent crime epidemic in our major cities. doing more for the covid-19 challenges we face. and also so many other things that the people of america want congress to work for them. >> harris: right. so, you know, there has been this thought among republicans that they want this to be a shortened experience, a shortened process. mark meadows former chief of staff for former president trump said this on impeachment witnesses. >> the question on witnesses will be generally decided here in the next 48 hours or so as it goes before the senate. generally speaking, that is something that should have already happened in the house. and then they are supposed to hear that evidence in the senate. hopefully that's what we'll do. i'm optimistic we'll find a bipartisan agreement that says let's get this thing over with very quickly. >> harris: how fast could this go? >> the democrats will quickly realize it is a loser for them and want to end it as quickly as -- they'll start it -- meadows is absolutely right. the house should have heard evidence. they should have taken witnesses. they should have -- anything that is being presented to the senate in trial should be -- have already considered and part of the record in the house. it doesn't exist because it was a rush impeachment and so, you know, the senate is going to quickly decide probably as soon as tomorrow whether or not they will take witnesses. if they don't it will be a very short process. >> harris: just a yes or no on this. president trump, do we expect to see him? >> i don't expect we'll see him, no. >> harris: testifying at the impeachment trial. okay. matt whitaker great to have you on the program. good to see you. >> good to see you. >> harris: president biden at one point fighting back tears in his first television interview as president. what it was about his son hunter that made him so emotional. and watch for this. [people shouting] >> harris: chants of burn it down as protests in washington, d.c. while in st. louis inmates stage an uprising in a jail and get support from a liberal lawmaker who has blasted the u.s. capitol rioters. in the faulkner focus jason rantz, seattle radio talk show host with his take next. we made usaa insurance for veterans like martin. when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa are you managing your diabetes... usaa. what you're made of, we're made for. ...using fingersticks? with the new freestyle libre 2 system, a continuous glucose monitor, you can check your glucose with a painless, one-second scan. and now with optional alarms, you can choose to be notified if you go too high or too low. and for those who qualify, the freestyle libre 2 system is now covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestyle libre 2 dot u.s. ♪♪ priceline works with top hotels, to save you up to 60%. these are all great. and when you get a big deal... ♪♪ ...you feel like a big deal. ♪♪ priceline. every trip is a big deal. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. 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. learn more at cosentyx.com. feeling sluggish or weighed down? it could be a sign that your digestive system isn't working at its best. taking metamucil everyday can help. metamucil psyllium fiber gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slow sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic. metamucil. support your daily digestive health. take the metamucil two week challenge and feel lighter and more energetic. sign up today at metamucil.com. >> harris: breaking news in the newsroom. congressman ron wright, republican from texas, died last night after a battle with covid-19. his family and a spokesperson confirmed representative wright's death this morning. he was reelected in november had been battling cancer as well. congressman wright is the first member of congress to perish with symptoms from covid-19. a statement released by his office read in part congressman wright will be remembered as a constitutional conservative. he was a statesman, not an ideologue. congressman wright was 67 years old. [people shouting] >> harris: clashes erupting between antifa and police. protestors threatening to burn down the city as new quad member corey bush who criticized the u.s. capitol rioters for comments she made about an inmate uprising in a st. louis jail over the weekend. she said riot is the language of the unheard. dr. mlk junior. i want to talk to my constituents in the window. their lives and rights must be protected. my team and i, she says, are working to insure that the urgent needs of people who are incarcerated are not ignored. end of her tweet. jason rantz is a seattle radio talk show host who has witnessed antifa rioting firsthand in his own area and from that perspective that you can look at this and say what? >> well, i can look at it and say that corey bush is a total fraud unless suddenly she decided to change her position on impeachment. what we've seen for so long where democrats have stayed silent on antifa rioting and blm violence. they condone to violence when it serves their political purpose they can get behind. any violence to threaten their power or position they take will all of a sudden it's the end of the world. all of us should be condemning all political violence period. political violence begets more political violence. when you take any position that says okay, we can justify this, guess what? anyone can justify political violence. that's why they turn to political violence. i don't think it takes a deep thinker. in other words, anyone from the squad can figure this out. anyone can just say well i'm going to go ahead and do this. that's a dangerous line of thinking. we saw it in st. louis. obviously we saw it yet again in d.c. >> harris: i want to move to something that you wrote yesterday, an op-ed. in it jason you were explaining how antifa uses twitter to threaten you and the media. democrats don't even acknowledge antifa exists let alone lobby twitter to take action. consequently media members are at risk when you bring you images of antifa anarchy. why do you say that and why did you write that? >> what ends up happening. someone who goes into the antifa mobs to try to get a better sense of what's going on they have scouts on the ground trying to make sure people like me don't film their vandalism. what ends up happening on twitter primarily folks are mining twitter to see whether or not people like me are posting videos that show faces of people who are committing vandalism or worse. what they end up doing is they will send out images and they'll hashtag with certain key words that folks on the ground are paying attention to and monitoring showing your name and photo and telling people that they are -- you are there in the crowd. they do that with the intent of getting folks who are there to harass you, to threaten you. i have seen it happen. when i was in tacoma at the riot. i 100% was there filming people who were breaking store fronts and burning flags. that's part of our job. that -- >> harris: the last one isn't a crime. >> the last one wasn't a crime but when you commit these kinds of vandalisms we have the right to film and should be highlighting it. >> harris: so jason, we call them anarchists because they are. what is the end goal here? are they legitimately trying to undo what we have as america? why would they think they can? >> so it is interesting. there is a lot of different thinking. others believe they need to tear down the systems we have, systems they believe are systems built on white supremacy and oppression and they have to rebuild them in an image that they personally approve of. the reason why they feel like they can do it is because let's be clear. they've been allowed to do it. these things don't happen in a bubble. they've been happening for a matter of 8 to 9 months with little consequence. you have city's attorneys around the country who haven't been prosecuting these crimes. you have politicians like a corey bush who go ahead and defend them and you have no political will coming from democrats to call them out with any sense of consistency. it doesn't just happen in this bubble. it is happening over and over and over again. >> harris: jason rantz, always appreciate you on the program. thank you very much. the battle over reopening america schools is getting hot. parents and students are fed up. president biden says it is a national emergency. so what is he going to exactly do about it? power panel weighs in on what we're learning. plus another case of rules for thee but not for me? why speaker nancy pelosi is taking heat over the controversial metal detectors on capitol hill. lowest in history, at thr it's time to refi. but if you're a veteran homeowner and need cash, here's big news. introducing refiplus from newday usa. it lets you refi at all-time low rates plus you could take out $50,000 or more. money for security today, money for retirement tomorrow. refiplus. it's only for veterans and it's only from newday usa. at t-mobile, we have a plan built just for customers 55 and up. saving 50% vs. other carriers with 2 unlimited lines for less than $30 each. call 1-800-t-mobile or go to t-mobile.com/55. >> about 20 million american children have not been in the classroom for nearly a year. is this a national emergency? >> it is a national emergency. it genuinely is a national emergency. it is time for schools to reopen safely, safely. you have to have fewer people in the classroom. you have to have ventilation systems that have been reworked. >> harris: president biden there sounding the alarm on the lack of in-person learning widespread during the pandemic. however, senator rand paul says the president is at least partly to blame for being beholding to teachers unions. the senator also warns the damage to our children could be immeasurable. all right. do we want to try to queue that up again? we can't apparently. sorry about that. a technical difficulty. but we want to know who is looking out for you when it comes to getting children back in the classroom. power panel now. former deputy press secretary for the dnc and host of moms on fox nation and fox news contributor rachel campos-duffy. jose and rachel. rachel, start with you. there are some schools that have in person. catholic schools and other parochial schools are managing to do that. why are we able to do it but biden can't put in place guidance that has all schools doing it? >> because joe biden and the democrat party are beholding to the teachers unions. they have way too much power and holding families and children hostage. frankly they're holding the entire country hostage. even in the situation in chicago the deal is tentative. mind you, it does not include high school kids who probably will not receive in-classroom learning for the rest of the year. we're talking about children's' lives. biden has been useless and two other people and that is michelle and barack obama who are, you know, the honored most famous citizens of chicago with one little tweet michelle and barack obama could have stood on the side of children and families in this debate and remember, harris, they have not been shy about stepping into politics not just presidential politics but michelle obama used her platform in defense of children who came here illegally at the border with the so-called cages that in fact her husband built. so she is not afraid to weigh in on behalf of children who aren't american citizens. but she has done nothing and same with her husband and same with joe biden in defense of the children of chicago and of this country who are beholding and held hostage to the unions. >> harris: i want to give jose a chance to rebut any of that if he chooses. >> well look, i think those are good talking points by rachel. >> it is not a talking point. >> president biden has been >> harris: if they are facts are they talking points to you, just the debate. >> well, president biden has been in office for 19 days. declared it a national emergency. we'll get children school. we have to do it safely. cdc will come out with guidance this week. >> harris: they have already come out with guidelines. they're readjusting them now. >> that's right. that's right. let the science speak for itself. let the cdc do their job. we'll do this and try to get a majority of children back in school in the first 100 days. hopefully biden can get it done. >> harris: i am curious, >> we should root for the president to get this done. >> they asked for -- >> harris: i want to press the science that you say. rachel, you have to be like the rest of us with children very curious to see how the cdc is going to come back with guidelines. they already gave them, jose. among them that teachers didn't need vaccinations in the classrooms. our little ones have yet to be proven to be spreaders. they already have what they need to go forward. go ahead. >> the chicago teachers union demanded the safety precautions. they got $100 million for safety precougss and still refuse to go back to school. then they need vaccinations and said it's not fast enough. our high school students in chicago still aren't part of the deal in chicago as well. massive problems. catholic school teachers have been following the science, taking precautions, my kids go to catholic school. i moved one from public school to catholic school so she could attend in person and doing it safely with no problems. why can't the unions see this and why can't the democrats follow the science? >> harris: i want to get to this. axios is reporting the high cost of school kloishs. the u.s. economy could take a $14 trillion to $28 trillion hit in the long run due to coronavirus-induced learning loss according to the economist projections. the longer the pandemic keeps our kids out of classrooms the higher that number will climb. jose. >> we've got to get to the bottom of it and make sure we open schools. florida where i'm at now public schools are open. this is also a hybrid between making sure that kids are ready to go back to school, making sure we do it in a safe manner and it has been 19 days that president biden has been president. i think we have to give him a break. we're doing the best we can to get it done and we'll get it done. i understand rachel's point. chicago is one city out of a lot of cities in the united states. each city, each state needs to take this seriously and make sure we open schools as fast and safely as we can. >> harris: you gave an example of florida. they've been different in a number of ways like not locking down their economy. i'm not sure how much you want democrats to watch this republican governor and what he does, but that was the example that you gave and it is an interesting one. okay, i'll see you both in a few minutes. iran's supreme leader with a new demand for the biden administration linked to the 2015 nuclear deal. the president's reaction and how it could complicate efforts to get everybody back to the negotiating table. >> will the u.s. lift sanctions first in order to get iran back to the negotiating table? 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"the attack on the capitol finally gave democrats the ammunition they needed to portray president trump supporters as dangerous extremists. according to democrats, murderous white nationalists now lick everywhere." the power panel is back. jose aristimuno, rachel campos-duffy. jose, your first reaction? >> the republicans have lost the house, the senate, the white house. who was their leader? this is why they will continue to lose. this is facts. they are letting donald trump and marjorie greene run their party. they will continue to lose if they continue to have extremist leaders like marjorie greenman the party. >> harris: rachel, your take? >> well, marjorie greene is hardly a leader of the party. she's a freshman backbencher. that aside, trump supporter's are not terrorists, white supremacists, racists, domestic terrorists, all the things they are trying to smear them. frankly, all their members of congress. i think this is wrong. this is part of a whole narrative they are trying to silence, 75 million people, by making them feel they've done something wrong because a few bad apples did something wrong. this was not done to the left. by the way, i heard alexandria ocasio-cortez say there is supremacist sympathizers among the members of congress, and that's why we need to do this. and that's why "i felt unsafe in the house." what if republicans had said there are sympathizers of the muslim brotherhood? that they feel scared, and now republicans want metal detectors for those muslim brotherhood sympathizers. that would be wrong and they would be massive outrage. this whole thing is tearing our country apart, and joe biden said he was a unifier. he needs to put an end to smearing 75 million people. >> harris: you know it's interesting, too, about what you're saying, rachel? joe biden sits in the unique position. he's not in the senate any longer -- veterans can shortcut the refinance process and save $250 a month. $3000 dollars a year. with the va streamline refi at newday, there's no appraisal, no income verification, and no out of pocket costs. one call can save you $3000 a year. we're carvana, the company qqy=>u who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. alright, i brought in ensure max protein... ...to give you the protein you need with less of the sugar you don't (grunting noise) i'll take that. yeeeeeah! 30 grams of protein and 1 gram of sugar drink, play, and win big in the powered by protein challenge! >> harris: technical difficulties at the end of "faulkner focus" and into "outnumbered," billy are going to come back now with the news. fox news alert, we are about 24 hours away from the start of former president trump's historic second impeachment trial in the senate. trump attorneys filing a briefing, calling the child political theater. house democrat impeachment managers are expected to finally briefing of their own at some point today. meanwhile, a growing number of republicans, including senator rand paul, are ripping at the trial, saying democrats are further dividing the country and setting a dangerous precedent in accusing the former president of inciting an insurrection at the u.s. capitol. >>