to take covid patients, it by demand we take covid patients the patients will die in nursing homes that wouldn't have otherwise died had we screen them out. murphy officials countered by saying that there were guidelines for separating covid positive patients. the long-term care administrator reportedly said the problem of course is there's no separating safely. it's almost certain that even though you have staff only on that unit, something will migrate. we have learned from recent reporting that michigan governor gretchen whitmer's office didn't force nursing homes to take covid positive patients but instead offered financial incentives. new york's governor andrew cuomo and his administration issued a directive telling nursing homes not to turn away covid positive patients and then allegedly covered up the number of deaths of nursing home or long-term care residents. pennsylvania governor tom wolf also reportedly guided covid positive patients back into nursing homes and at least 50% of deaths in pennsylvania were reportedly in connection of those facilities. his health secretary, biden appointee at the federal level, took her mother out of one of the homes just as the pennsylvania policy was gaining speed. california officials admitted it was possible they were undercounting the number of nursing home deaths due to covid. all these democratic governors deny wrongdoing. murphy's office is trying to lay the blame on nursing homes saying they should have done more to create separate wings, to monitor caregivers or notify the state that they could not properly handle patients. what we are learning tonight is that the long-term care operators knew there would be problems and warned officials immediately that patients would die. at least 70 died of covid and one new jersey facility. it's worth noting florida governor ron desantis rejected the cdc guidance for long-term facilities is unworkable. hello and welcome to "fox news @ night." i'm shannon bream in washington. correspondent alex hogan joins us with the latest on the other scandal facing your governor andrew cuomo which some say is overshadowing this nursing home tragedy. >> good evening. one of the accusers spoke with the state attorney general for about four hours today on zoom. two others of the governors accusers share their stories publicly. growing criticism as allegations pile up against governor andrew cuomo. seven women including former aides accuse him of harassment or advances. two of them, speaking out under your public radio. >> there's a lot of vitriolic screaming, shouting, name-calling. a feeling of objectification as a young woman. >> governor cuomo use flirting as a way to bring a woman employee into the fold. >> a report finding that larry schwartz called local officials to gauge their loyalty to the governor. new york city mayor bill de blasio weighing in. >> that in many ways is the single worst thing we've heard on all of these scandals. >> the governor's office responding "larry's conversations did not bring up vaccine distribution which he would never lick political support to public health decisions." brennan secretary jen psaki called it concerning and inappropriate. stop short of demanding resignation. >> the new york attorney general is pursuing an independent investigation against governor cuomo that's appropriate. >> senate republican sent a letter no senate majority leader chuck schumer and senator kirsten gillibrand urging washington to take control of the states vaccine distribution program. a new sienna poll finding 40% of people believe cuomo can effectively do his job. 57% of people say they are satisfied with the way cuomo has addressed the allegations. 32% of people say they're not. only one in three new yorkers say they would reelect the governor, something andrew cuomo has still yet to rule out. meanwhile he's continually said he will not resign. >> shannon: thank you for the update. by now it's a familiar refrain. democrats blaming the problems on white supremacists. and tonight's case, california governor gavin newsom makes the argument they are the ones helping drive the recall effort against him. >> we've been monitoring white supremacist groups in the state of california for years and years and years and there's a surprising number of them, even proximate to the state capital, number of them quite literally not figuratively and i appreciate they set up the proud boys, three presenters, these are the right ring leisure groups are behind on this week all effort and calpurnia. >> shannon: wednesday is the deadline for signatures. backers say that they have more than 1.5 million needed to trigger a recall election. president biden claiming the largest federal tax hike since 1993 to help pay for his administration's future initiatives. that report from berg. questions over the potential for abuse of some of the funding tucked into the $1.9 trillion covid package passed last week. chad pergram with some surprising claims about how your tax dollars might be spent. >> shannon. any big bill has the potential for fraud and abuse but the problem could be especially acute with a bill of this magnitude. house speaker nancy pelosi contends the legislation was crucial to get students and teachers back into the classroom. >> i talked about children in school. the three most important issues facing congress are our children, our children, or children. >> internal memos reveal some california school districts have considered using covid aid as bonuses. the clovis unified school district in fresno county discussed paying bonuses is high $6,000 for faculty. mmo shared with fox as the union representing the dublin unified school district in the bay area said some of the money should be used for distance learning. there was a suggestion of a $2500 bonuses for teachers and maybe even a flight to hawaii. the district says it never made a bonus offer. the association says the suggestion was out of context and just a playful comment. the white house will monitor how the money is spent. >> we have to prove the american people the government can deliver for them and do it without waste or fraud. >> chicago alderman considering converting the aid to universal basic income. for 5,000 of the city's neediest residents. chicago scored $1.8 billion from the bill. this would consume 30 million. g.o.p. florida senator rick scott says with governors and mayors awash with covid cash they should return to center. >> if it's not based on covid response, we have to get the money back from all over the country. >> banks pay back their share of the 2008 bailout so there is precedent for returning unused funds. the white house has tapped jean sperling to oversee distribution and implementation. much of it came with few strings attached. >> shannon: chad pergram, thanks so much. the biden administration activating more federal resources to help with particles of challenge at the seven border. one that continues to be fueled by a stunning increase the number of unaccompanied children showing up alone. let's dig into the numbers with white house correspondent kevin corke. good evening, kevin. >> good evening. still no formal press conference by mr. biden now more than 50 days in office. for the record, no planned trip to the border to underscore the urgency there. these are decisions that have left critics wondering whether the situation at the border will be deemed a crisis. >> we recognize it's a big problem, significant problem and significant challenge. it's a big challenge. it certainly is a reflection of using every lover of the federal government to help address at. >> lots of words from the white house to describe what republicans call humanitarian disaster of illegal migration happening along the seven border. just not the obvious word, crisis. >> the last administration left us a dismantled and unworkable system. like any other problem, we are going to do everything we can dissolve it. >> that's just blame shifting say critics especially considering the number of illegal migrants crossing into the u.s. has spiked significantly on the biden administration's watch. >> it's worse than a crisis. i thought that i would see a crisis but this is a human heartbreak. >> house leader kevin mccarthy. blaming the white house for the surge that has resulted in thousands of migrant children held by u.s. authorities. >> the sad part, didn't have to happen. this crisis is created by the president of policies of this new administration. >> things are so bad that starting this week, up to 3,000 migrant minor boys will be held at the dallas downtown convention center, used to alleviate overcrowding and other u.s. facilities along the border. fema and the department of health and human services will manage the shelter and handle food, security, cleaning and medical care, it's one piece of a much larger interagency approach to managing the problem. still, one border facility in texas is reportedly at 729% capacity with the children tend to be taking turns sleeping on the floor and going for days without showering. border agents are said to be apprehending more than 400 children a day on average. that's more than the number of children that hhs is processing and releasing to sponsors. unfortunately all of this is happening with very little covid testing for the migrants and virtually no dna testing to properly reconnect the actual families. progressives are accusing mr. biden of simply not doing enough to reverse the former president's approach to illegal immigration. minnesota congresswoman ilhan omar and nearly two dozen democrats urging the biden administration in a letter to call funding writing "now is the time to rein in the system of detention built on a disproven myth that immigrants fail to appear in court." position that's debatable even if the problem of the border is not. >> shannon: i think most folks have to agree on that. kevin, thank you. in portland, local officials are now asking for help after leaders there voted to defund the police department to the tune of $16 million last year. violent protests have continued to rage in the months since that vote. chief correspondent jonathan hunt is live from our west coast newsroom with details. good evening. >> portland is not the only west coast city that seen a rise in violent crime and continuing violent protests including over the weekend as protesters mark the one-year anniversary of the death of breonna taylor. here in l.a., dozens marched through hollywood and then clashed with police. some protesters at one point climbing onto the hood of a police cruiser which then accelerated, throwing those protesters to the ground. they were not injured by three police officers were. once offering ear damage from a smoke grenade that detonated close by. another injuring a knee during a chase and a third cutting a hand after being hit by a large object thrown by a protester. nine businesses were damaged. 11 protesters arrested. l.a.p.d. captain steve lurie wrote on twitter "we are blessed in the united states to have the protection of the first amendment. l.a.p.d. hollywood was there to ensure this group could express themselves under the umbrella of that protection." they had no such intentions and came to destroy angelenos businesses and attacked police officers. in seattle there were more than a dozen arrests after marchers took to the streets. a starbucks store was vandalized. in portland, oregon, the federal courthouse with the target. just days after officials had removed barriers used to protect it during violent protests last year. over the weekend the building was once again the scene of clashes with police as demonstrators spray-painted slogans on the walls. >> we collectively condemn hateful, intimidating, and destructive acts. we want you to know that we are aligning our resources. we are revising our tactics, and we are fighting back with everything that we've got. >> it's worth remembering that breonna taylor was a 26-year-old medical technician. she died on march 13 last year during a drug raid by police in louisville. she was not the target of the raid and no drugs were found. president biden marked the anniversary of taylor's death with a tweet calling it a tragedy and a blow to america and promising "meaningful police reform." shannon. >> shannon: jonathan hunt in l.a., thank you, jonathan. there are hundreds of miles along the u.s.-mexico border without any section of border wall. president biden has halted all wall construction started under the trump administration. what you sign portland, fencing is going back up at a federal courthouse so what messages the government sending about how walls do or do not work? let's discuss. thomas homan. julio rosas. he's been spending time along the border. welcome back to the show. julio, since you're there and you've been there, can you give us an update about what you've seen? who is coming and what are they saying what other conditions? >> being here these past few days, it's absolutely a crisis. do not call it that is a denial of reality. on friday it in a span of three hours i counted 263 illegal immigrants crossing the rio grande and turning themselvs over the border patrol. they were unaccompanied minors or family units with very young children. this is the product of the open border rhetoric and policies that have been put in place in the biden administration since literally day one on january 20th. it's gotten worse. were not even in the peak season of one people typically travel before it gets too hot in the summer. >> shannon: tom, there are folks saying this has nothing to do with the current policies, that it's to be blamed on the trump administration. speaker nancy pelosi pelosi saying this administration inherited a broken system. a democrat from texas says it's four years of dismantling every system it was in place to deal with it. what do you say in response? >> i say they are both lying to the american people. what they inherited was the most secure border i've seen in my career which spans and was 35 years. illegal immigration was down depending on what mantra looking at. the children, that was down 70%. the reporter was right. it's the biden administration's policy. he promised all these enticements during the campaign. free health care, shut down detentions, and make the remain in mexico program. when you tell people you can enter and you will be detained and you will be removed, you can get a job. you might even get amnesty in health care, they're going to come. it's not an accident. it's by design. joe biden sold out this country to end and election to the progressive left. no other excuse. he was the vice president during the last surge. he knows what causes it and he knows how to stop it and what we did to stop. he's doing the opposite. he's not detaining and not removing and he's offering more and more enticements. >> shannon: julio, i want to comment from what we are seeing in portland. you've been in the cities where there is been riots of burning and damage. they took the fencing down from the federal courthouse. there were attacks, fires set, windows smashed. the fencing is going back up. quick comment from you on how it's working in portland. >> what i can say is last year we saw that dhs and present troubles blamed saying that if they had stopped what they were during the riots would stop. that has proven to be false. it was in the president's fault. dhs is responding because as we saw her recently they were attacked first and as soon as the barrier came down it became easier to attack not only the building for the personnel inside. it's not surprising at all. they are kind of in hamster wheel of self-destruction. >> shannon: all right. that wall going back up in the request for money to come help their law enforcement after cutting it from the budget. julio and tom, 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crazy in some spots. governor ron desantis the targeted media criticism for not enforcing stringent coronavirus instructions is his status and talk economic shape in contrast to places like california which had the toughest lockdown to the country for months but what about the rest of the numbers? let's discuss with florida gop vice chairman christians ignorant fox news contributor mike gleason, good to have you back with us tonight. we know the economy stronger in florida, they did not have the same lockdown somewhere like california did what about the case numbers, the death toll. how to the states compare? what do we know? >> pretty much dead even. we were talking before the show. i was in palm beach, felt like i jumped over the berlin wall and came into freedom. the state was open, people shopping and going to restaurants and living their lives and you would think this is really dangerous, maybe the case rates are skyrocketing because of this? maybe the death rates are increasing but when you look at the numbers the reality is they have almost identical outcomes when it comes to covid-19, both have 89,000 covid-19 cases per 100,000 residents according to the cdc and - in terms of the country, in terms of -- 8900 per 100,000 residents in florida was 20 seventh in terms of death rate and california was 28, the difference is florida is completely open and the governor of california, opposed to a crackdown on businesses, people -- they shutdown beaches, outdoor dining, schools, kids who are basically having learning losses that are going to reduce lifetime income for minority kids. the costs of the outcome is the same and the costs are enormous for the people of california. i wish i lived in florida. shannon: every life lost his somebody's loved one who is devastated by that and these numbers are tough across the country but there are several points by which to measure how states have done coming through this with there are people who say governor desantis has been callous about the number of people who have died and as we highlighted at the beginning of the show number of democratic governors in trouble over nursing homes, on the view they want to talk about our governor desantis should be in trouble as well. >> we are not talking at all about governor deathsantos in florida, we are not talking about governor abbott in texas. it is alleged in florida that desantis is hidden numbers of the deaths there. we are only focused, hyper focused at this point on governor cuomo. >> a response to that? >> ron desantis has done a fantastic job throughout this crisis and what it has done is it esterified the left because he is quickly skyrocketed to front runner status for 2024, once he gets through his reelection in 2022, the whole nation is looking at his leadership and what we have seen with ron desantis, businesses aren't closer, you can open your doors, employees can walk in those doors and earn a paycheck, our kids have been in school since august, they had access to in person learning in the classroom, tourism is boosted, you look at housing prices in the housing market, the inventory is so low because people are moving here. americans are showing across the board is results are being rewarded because people are moving here and showing that with their feet and in florida we have freedom, we are living a normal life and we encourage everyone, we're watching the show and you are in one of these northeast blue states run by some leftist liberal and you are wearing 3 masks sitting on your couch watching this show just want to go outside and enjoy life. we want you to move to florida. if you're going to vote democrat please stop at the state lines because we want you to remember why we are free but that is ron desantis's leadership in florida and if you look at our numbers we are 20% lower with people 65 and up talking about this, 20% lower than california, 50% lower than new york and that is even with their numbers not fully being out there. ron desantis has done a fantastic job, we were in better shape because of it, countries taking note and the liberals of the leftist media are going to start attacking him like crazy because of it. shannon: you think they are afraid of governor desantis? >> very much so. the governor of new york is facing impeachment, the governor of california facing a recall and governor desantis is being talked about as the next president of the united states. that says it all. the democrats have had none of the benefits of making keeping public health achievement in terms of keeping people healthier and fear but they've done enormous damage, talk about the covid desk, my mother had covid and was in the hospital in new york in a nursing home with covid so i know about this but also huge costs. we saw a statistic, 300% increase in self-harm among children, kid suffering depression, poor and minority kids are going to lose according to mckinsey up to 84,$000 in lifetime income from irreparable learning problems. these are the prices of the lockdown. at some point we will look back and say who did it right and it didn't. shannon: governor desantis has plenty of critics but seems to enjoy taking them head on. thank you both. next from texas, word of a tragedy amid a surge of illegal immigrants, details next. also destroyed the lives of thousands of jewish survivors still suffering today. god calls on people who believe in him to act on his word. "comfort ye, comfort my people." when i come here and i sit with lilia i realize what she needs right now is food. these elderly jews are weak and they're sick. they're living on $2 a day this now, is how god's children are living. take this time to send a survival food box to these forgotten jews. the international fellowship of christians and jews urgently need your gift of $25 now to help provide one survival food box with all of the essentials they critically need for their diet for one month. your special holiday gift will provide everything they need to celebrate the holy season of passover. do you remember matza? this is the first time in over 70 years that she has anything to do with faith. she hasn't seen unleavened bread since before the holocaust. and now we're coming to her and saying, "it's okay to have faith." for just $25, you can help supply the essential foods they desperately need for one month. i just want to encourage all of you to join with yael eckstein and the wonderful work of the international fellowship of christians and jews. god tells us to take care of them, to feed the hungry. and i pray holocaust survivors will be given the basic needs that they so desperately pray for to survive. >> shannon: in tonight's real news roundup "the washington post shannon: the washington post issuing a massive correction admitting it misquoted donald trump in a report about a phone call he had in december with an election official in georgia. the posting, quote, trump did not tell the investigator to find the fraud or say she would be a national hero if she did so as a writer from the new york post writing there is no way 20 years ago a newspaper would have done a story about a presidential call with so little corroboration. one of dozens of major stories big outlets god completely wrong and it is no mistake all of them skew in one direction. members of the national guard visiting the offices of georgia congresswoman marjorie to the green after she incorrectly called the us territory of guam a foreign land. she made the state during a speech railing against federal financial aid, the governor of guam offering to send green a history book. former national security adviser michael flynn, tens of thousand dollars in penalties against his military retirement benefits. the army is revealed upended a watchdog report on his dealings with russia and other foreign entities. the report was put on hold in 2017 amid criminal allegations against flynn. in florida, assistant principal and her daughter arrested and are now facing felony charges for allegedly hacking into student accounts to catch fraudulent votes for homecoming queen. republican sound the alarm over hr one, a massive billing that giving the federal government more control on how states run their election. lawmakers in stacy rooms's home state georgia trying to suppress the vote. >> it is a redux of jim crow in a suit and tie. instead of celebrating better access and more tarsus a patient, their response to eliminate. >> let's bring in democratic strategists kevin walling and horace cooper. welcome back to both of you. let me read something the atlanta journal-constitution says about the difference in measures state gop lawmakers are working on, a review 40 republican sponsor election bills show most address voting concerns in the film losses was a mother things they would eliminate no excuse absentee voting and impose new identification requirements for voting absentee, curtail use of ballot drop boxes and provide fewer days of in-person early voting in many large counties. that is an attempt to suppress the vote especially those of minorities. >> absolutely you have to separate two points, two issues, one is the fake claim that this is race-based. there is no evidence that having to use fewer boxes is going to affect more black than white or brown and white or anyone else and there is no proof or evidence that having to demonstrate that you are a real citizen entitled to vote affects one race over another. the idea that should address the big problem most americans say for the reason they don't participate in the voters they don't think that their vote is going to make a difference. if you provide voter integrity measures you ensure people can be confident that if they participate it will matter. >> this is what the federalist says about the massive bill hr one, as long as ballots are postmarked by election day hr one would effectively mandate that all states except absence the ballots within a 10 day window for the bill takes a step further noting elections officials would be restricted from verifying voter identification is eligibility. if we want credibility in our building and zoning, want people to have confidence the systemwide is hr one have so much of this stuff saying get rid of voter id, get to witness requirements for absentee ballots, how is that the solution? >> good question. i'm happy the house pass this bill and there are a lot of good merits when it comes to this bill with regard to campaign-finance reform, absentee voting by mail as you mentioned so there are a lot of components of this bill, i'm sure there are concerns among republicans and let's have the debate but 2020 was one of the most secure elections according to a trump appointed director of election security, at the development of homeland security so you have a lot of republicans saying there's fraud, corruption, abuse and the system one 2020 was one of the most secure elections in this country. >> almost every panel -- shannon: foreign interferences different than worrying about people getting their hands on mandatory mail in ballots that went out, maybe somebody could have voted, you don't know. will: people to feel confident about it where do we go from here because the two sides want to do massive overalls and changes to the voting system and both sides say theirs is the way to get it done right. >> that is what i mean. this isn't about race. this is about political parties trying to advantage themselves. the constitution allows political parties to try to manipulate the process, the constitution doesn't allow the use of race as a means of accomplishing that. the problem is stacy abrams and even nancy pelosi try to pretend that there is a race issue when there isn't. why not come right out and say we are funding candidates that wouldn't otherwise give support because we democrats want to see that we get an advantage. let's have a debate and a real debate. shannon: we will watch to see if they do that. come back once they do. duchess megan markel for president of the united states? 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(soft music) ♪ ♪ hello, colonial penn? >> shann shannon: the texas department of public safety is investigating a fatal crash near the us-mexico border involving illegal immigrants. let's go to kevin cork who is digging into the details as we get them. >> reporter: we are following development a heartbreaking and deeply frustrating story out of texas. is about the public safety investigating a crash that occurred 30 miles north of del rio, texas, not far from san antonio. the investigation revealing a red dodge pickup was evading public safety troopers when it caused a head on collision with a ford f 150, eight undocumented passengers in the dodge pronounced dead at the scene. the driver and child passenger and one other undocumented passenger from the dodge pickup were transported to the hospital in san antonio, they are said to be in stable condition, the driver fled after the collision, fled on foot but was apprehended shortly thereafter by troopers, the apartment of public safety in texas, they are further investigating the crash and the real frustration is when you have this sort of surge like we have been talking about this is one of the unintended consequences, you have others will go around the law and try to beat the system, gain the system in some cases and even if you live in one of these border communities and i've lived in the border state before people say to you if there's a hit and run generally speaking it is because someone didn't want to exchange insurance information because they are not supposed to be in the country in the first place. a real tragedy tonight, a lives lost at least and others in the hospital. shannon: we know how dangerous the journey can be. thank you very much. much less tragic news megan markel reportedly networking with democrats and allegedly eyeing a bid for us president as early as 2024. let's discuss that with concerned women for america penny man. i don't know if i buy this. what do you think? >> there's a lot of consultants probably talking in her ear and was welcomed that and a lot of republicans would welcome that race as well. shannon: franklin leonard, contributing editor saying it will backfire, i am genuinely interested to know what idiot royalist leaked the story thinking it would be at all believable and damaging to megan markel, absolutely hilarious. but there's a lot of chatters surrounding her on a lot of fronts these days. >> she's front and center in the national news that i was in washington. any crazy thing happen and i know a lot of consultants who get in the ear of people and suggest to them that they can win races there is no way they can win because they want to raise the money but i don't see that as her vibe. we will see. shannon: she is a woman with a strong voice, women are strong leaders, you know, check out my new book that is coming out, we have a lot of conversations about one woman in particular who was a leader in the old testament deborah, she is somebody who is a role model for women today, she wasn't afraid and she took on some really testifying odds because god was asking her to. >> that is right. i love the book. we bought a bunch of them to give away as graduation gifts, the ever present gift card. it is lovely and i love the fact that you did pick up some of the hard stories that are so instructive because the book of judges is about god being faithful to faithless people. the israelis are in trouble and are picture of us as believers and followers of christ we are often broken people that god is faithful even when we are night and debra was a leader and god said she told the canaanites which by the way at that point was kind of like isis, they were terrorists, they would murder and rape and steel on the roads, couldn't even use the highway system, and these horrible stories constantly, god told her they needed a vibe. she called in the general who says god says for you to get 10,000 men and go fight the canaanites and so he didn't love that idea. he did not. shannon: we are out of time. people have to read the book or read the rest of the story, it is an amazing show of female leadership. thank you so much and thanks for your preorder, you can check it out on foxnews.com/books. thank you. the biden administration expected to roll out new covid restrictions for workplaces as most states are focused on reopening. washington hoping to expand control of your life, mike emanuel answers that question next. and trulicity activates my body to release it, lowering my blood sugar from the first dose. once-weekly trulicity responds when my body needs it, 24/7. trulicity is for type 2 diabetes. it's not insulin. it isn't for people with type 1 diabetes. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include indigestion, fatigue, belly pain, decreased appetite, nausea, diarrhea, and vomiting which can lead to dehydration and may worsen kidney problems. i have it within me to lower my a1c. ask your doctor about trulicity. 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(naj) our fees are structured so we do better when you do better. at fisher investments we're clearly different. >> what the cdc wants to do >> the cdc wants to accumulate data and when the data shows that there's an ability to be three feet they will act accordingly. >> if you don't have masks remember this virus errors allies is, it can go 17 or 18 feet, several meters, this virus. shannon: two leading infectious disease experts with different takes on social distancing. as the biden administration is expected to issue new rules for the workplace. mike emanuel examines that. >> president biden is expected to layout covid related work rules this week, new restrictions as many states are trying to reopen. >> what is the concern, the average from washington? >> it is an to keep a crisis going by the president. up our grandmother usurping of states rights. >> the administration is likely to issue a 6-month emergency temporary coronavirus standard, between that and social distance even after vaccinations. osha getting involved could lead to fines for employers if they don't follow those precautions. labor unions and democratic allies have been seeking new protections. >>'s objective is to protect workers and members of the workforce. osha has been working diligently but we believe they should have time to get it right and time to ensure it is right. >> reporter: businesses are worried about more red tape and added expense. the national retail federation warning retailers are concerned about osha using a rigid 1-size-fits-all emergency regulation particularly during a global pandemic that has already imposed substantial economic our chip. 16 states do not have statewide mask mandate from alaska to florida to texas in south dakota. with wyoming, alabama and utah following suit was governors defend their actions by saying they are monitoring numbers but believe in freedom. >> we believe in freedoms in oklahoma and it is not government's job to pick winners and losers. that is what i said from the beginning. if you look at our data we have a similar curve of hospitalizations down 85%. >> reporter: not only is it setting up the battle of washington versus states but it is causing heartburn for many in the restaurant industry which worries about half the new costs at a time when businesses way down. shannon: good night from washington. i am shannon bream. wealth is saving a little extra. worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. ♪ and a little bit of chicken fried ♪ ♪ cold beer on a friday night ♪ ♪ a pair of jeans that fit just right ♪ ♪ and the radio up ♪ get 5 boneless wings for $1 with any handcrafted burger. these folks, they don't have time to . go to the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the services of the post office plus ups only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/now and never go to the post office again. >> fox news alert. tensions escalated in the middle east. jillian: 7 rockets in the middle east, 5 of them toward a military base all us contractors we you are watching "fox and friends first". benjamin: this strike comes after a series of recent attacks on american troops in the region is let us get to jerusalem with the breaking update. >> i spoke to one contractor who said the explosions were so loud they woke him out of bed. 5 rockets