from the white house, mark, good morning. >> benjamin, good morning to you. the white house is not disputing that the president wants to raise taxes, but the plan to target wealthy americans, but there's plans starting to grow against tax increases and the president wants to use money funding the american families plan. 1.5 trillion in spending to go out and call on congress to use the money to fund a number of different projects out there, including child care, education and social programs. the president is not talking about this proposal yet. he did not speak to reporters as he left for delaware this morning, but on friday, the white house press secretary previewed who is going to be impacted by this proposal. >> what i can say, it will only affect people making more than $1 million a year. that's .3% of taxpayers, or three out of every 1,000 taxpayers, that's even at the top 1% saw their net worth rise by four trillion in the middle of a historic pandemic. >> republicans are warning that more tax increases could kill growth especially as they're struggling out of the pandemic. and urging the white house to think what taxpayers in california and new york could end up paying. >> what biden is suggesting here is massive increases to capital gains is exactly the wrong thing to do if you want to keep job growth occurring and wages increasing. now. >> now, remember, this is a different proposal than what the white house has put forth, when they're dealing with infrastructure where they want to spend $2 trillion to deal with roads, bridges, as well as stuff for elderly americans and money for repairing the power infrastructure. the white house though focusing on that as well. working with republicans so far, the republicans putting forward a plan this past week to talk about what they want to spend, significantly less than what democrats are considering, however, at this point negotiations are still going on, we'll see. >> thanks very much, mark. we'll see what comes in the next few weeks, thank you. >> all right, joining me now is congressman and ranking member jason smith. thank you for joining me today. we heard from mark meredith and set us up nicely to talk about infrastructure. there's been a tremendous amount of back and forth between democrats and republicans on this and the biden administration, talking about this enormous package that they've put together regarding infrastructure. and also the expanded definition of infrastructure. democrats have included things like home care for seniors, housing, civilian climate corps, among the list of infrastructure and republicans on a shorter list as to what actually includes the definition of infrastructure. so now, there are some of the goodies that come out in this republican package put forth that democrats traditionally like. money for rail and public transit, that sort of thing. do you think that democrats are going to be willing to work with republicans to come up with a-- what essential i would be a more refined a smaller infrastructure package that everyone agrees with? >> molly, that's a great question. when you look at the biden boondogle, the initial 2.3 trillion dollars package, less than 6% went to roads and bridges, less than 2% to locks and dams, and you're talking 2.3 trillion, less than 13% went to real infrastructure, but 600 billion dollars went to implementing the green new deal. $400 billion to expand obamacare. this proposal that was -- that just recently came out in the senate is about infrastructure. it is about roads and bridges and you know, republicans and democrats should be able to work together in making sure that we fix our crumbling roads and bridges, but we definitely don't need to do it at the expense of the working class and that is what we have to pay attention to. the proposal that biden, pelosi and schumer brought forward will, will be a spending boondogle at the expense of working class. >> in the early months of the biden administration, they're looking at the progressive side, and jen psaki is looking at what the republicans have put forth and the president will invite members to the white house. you're a member of the g.o.p. and a republican, you have the president's ear what could you potentially say to him to get closer to a collaboration and infrastructure? >> you know, we saw it with the biden bailout bill he called covid a few weeks back. they did the photo op at the white house and listen to republicans speak, that's all they did, listen to them speak. they didn't implement anything. they continued in the package to give $1400 checks to illegal immigrants, $1400 checks to prisoners. they did not listen. the president on january 20th when he was sworn into office, said he wanted unity. the only unity they wanted together is unifying his progressive base. he has not been working with republicans. he's invited them down to the white house, but has not brought forth any policies that show that he's willing to meet in the middle. >> yeah, i think one of the big questions here, is it necessary for democrats to work with republicans and there's one very prominent democrat, west virginia senator joe manchin, a big power player right now and here is what he had to say about infrastructure. >> the greatest need we have now that can be done in a bipartisan way is conventional infrastructure. we can move into those other areas, also. now, whether they will be as much of a cooperation on that as there is on this, so, why don't you take the greatest need that we have and do it on something that we all agree on? >> conventional infrastructure is the way he put it. and the big question here is, do democrats have to work with republicans to make it happen or do you think the democrats have the numbers to go on their own? >> molly, if democrats want to make sure we provide an infrastructure bill that does not harm the working class, they will work with republicans. you're looking at the united states senate right now, it's a 50-50 split, with the tie breaking vote going by the vice-president. the house of representatives is a razor thin majority. 212-218, if speaker pelosi loses three democrats they can't pass legislation. when you're looking at the liberal squad, the progressive wing of the house democrats, she's going to have to work with republicans to make sure we pass legislation that doesn't hurt the working class. >> the problem solvers caucus put forward a lot of information on that and seems they've pointed to things that can be collaborated on. congressman jason smith, thank you for joining us on a saturday afternoon. >> great to be with you, molly. >> benjamin. >> let's turn to democratic congressman and oversight committee, thank you for being with us, you've been hearing how far apart the two sides are, how they differ how big the bill should, differ how to pay it back and what exactly is infrastructure. when you've got 400 billion on elderly care, people with disabilities. 213 billion on affordable homes, all worthwhile causes, don't get me wrong, but definitely not infrastructure in the eyes of the republicans, there are problems here and democratic colleagues saying things like paid leave is infrastructure. that was senator gillibrant. mandella barnes saying that police accountability is infrastructure. congressman jones saying that supreme court expansion is infrastructure. i mean, when you look at that, how can you argue that the bill that biden has brought forward is an infrastructure bill at all? >> well, thanks, ben, for having me on the show. transportation is historically the least partisan issue in congress, the committee i'm on is traditionally the least partisan and most productive. i think if we focus on what the infrastructure and support that working families need then we can narrow this down and stop talking on sound bites. infrastructure's changed over the last 30 years and we need to support that infrastructure. and that's what we're talking about. so let's have a discussion about narrowing that down. >> well, absolutely so you're saying that this is just a starting point for the biden administration, how far do you think president biden is willing to move? what might he be willing to give up in this if they're meeting in the middle. republicans put forward 5 68 billion deal, a quarter of the size of the democratic one. what do you think could be dropped, should be dropped from the biden plan to get back to where the republicans might meet in the middle? >> we need to look and analyze what the american working families need. the world has changed, two incomes, parents with pressure to get their kids to child care, have child care. we've got to focus on that. the american workers are the most productive in the world. they need the tools in modern day terms to be productive. if they do that, we get enormous benefits, all of us do, multipliers up to 14, 15 times. let's focus as we used to do, nonpartisan analytic approaches, what do american workers need right now to get to work, to get to homes, to support their kids and invest in it and then we'll get the return on investment. unfortunately, we get these political talking points and we can't focus what the need is. help american workers be productive and support their families. >> absolutely. and that's very true, but then why call it an infrastructure project, infrastructure spending bill if it involves these other things? why not just get down to the basics like the republicans have done in their bill and go for core infrastructure projects? >> because infrastructure has changed in my point. when you have one income family in the 50's and 60's, on a 20-minute commute. that needed hard core infrastructure and now you've got two parents working and we all benefit from that and having women in the work force, but we need to be different infrastructure and analyze that, have a discussion and we can have differences of opinion and get to the point where we provide the infrastructure to make it work for working families and then the whole economy benefits from it. the way it did 40, 50 years ago, it's a different world now with different needs. >> and we saw how the negotiations went on the covid relief bill and difficult to meet in the middle there. no bipartisanship in the end and i hope that this might being different and a discussion for an important bill if it's targeted in the right way. thank you so much for joining us this morning. i'm afraid that's all we've got time for. >> my pleasure. thank you, ben. >> republican senator lindsey graham joins chris wallace for a discussion on fox news sunday celebrating the show's 25th anniversary. and howard kurtz talks to mike huckabee about president biden's climate agenda. that's on media buzz. >> health officials announcing that the johnson & johnson vaccine can be used following the temporary pause. the c.d.c. and the f.d.a. saying the benefits of the vaccine outweigh the small risk of blood clots. officials have found 15 cases of the blood clots in women ages 18 to 59. the vaccinations will come with a clear warning, but there will be no age restriction. >> new york governor andrew cuomo's office is refusing to publicly release covid-19 nursing home death data. senior correspondent laura engel joins us live with the details. laura. >> and good afternoon. this is another frustrating round of pushback for both the press and for family members who have lost those from covid-19 in nursing homes as the governor blocks another round of requests to get information so many people have been after this last year. now, all of this is in a response from a request to the associated press to governor cuomo's office in a free of information, and regarding the nursing home covid-19 death total. a total confirmed 33,764 and total deaths at 8,497, but many believe it could be much higher. in a letter dated april 15th, the governor's records access officers stated it won't publicly disclose covid-19 nursing home data that it gave to the federal government stating releasing the information would quote, constitute an unwarranted invasion of personal privacy adding the documents with compiled for law enforcement purposes and that their public disclosure would interfere with law enforcement investigations. this has been a long haul fight for the records after the justice department requested that new york and other states share their data in regards to covid-19 nursing home deaths. the u.s. attorney's office in brooklyn and the state assembly judiciary committee looking into claims that the cuomo administration purposely undercounted these numbers and even governor cuomo himself said the release of the information has taken too long, but still claims that the delay is not an attempt to cover anything up, just simply saying thinks administration needed time to verify the number of deaths and so it goes on. back to you. >> yeah, thank you, laura. so many family waiting for that data for what the true numbers are. thank you. kristin: officials in elizabeth city, north carolina are going to court to force the sheriff's office to release body cam footage of the shooting death of andrew brown, jr. griff jenkins is there in elizabeth city, north carolina with a closer look as this begins to unfold. griff, to you. >> hi, molly. a press conference ended at elizabeth city with the mayor, the city manager and the police chief because tensions have been rising and demands for the body cams video worn by the sheriff's deputies in the shooting. and thank you for taking a moment. why are you holding a press conference? what are you seeking? >> a couple of things. one, i wanted the family to know that we support them. i wanted the protesters to know that we support them and we wanted the public to know that we support them. the other side of it is as i said at the press conference, i've called on our mayor extensively and unfortunately the business does not stop in these unfortunate times and she has consistently stood tall and delivered, but she is an african-american woman, she is a mother, she has taught many people in this city as a math teacher and she never had an opportunity to speak, right? and so, to that end, i wanted to create an opportunity for her to be heard. just to give you an example, on yesterday i sent her to three meetings just so we could get to-- get through today and to this place today. and so, everyone else has been moving around, but she's had to consistently stand and deliver so that was the biggest piece. the other piece for today was for people to have an opportunity to hear from our police chief. he's absolutely one of the best in the business, but again, the business continues. >> and not to interrupt you, but you're compelling, because i don't have the jurisdiction over the body cam video you're trying to get this released legally. >> yes, my counsel signed it as a result of our emergency meeting and i will be delivering that letter to the sheriff's department, making a request for the release of the body cam video not only to us, but to the public. >> all right, thank you very much. that's what's happening here. now, we also spoke to the sheriff of the county, tommy wooten and the pressure on him, the custodian of the body cam video was him. we did speak with him and we'll bring that to you in the next hour. >> and griff jenkins, the calls for transparency are still out there and we'll look at the video potentially released next week. benjamin. >> thanks, molly. live pictures from the texas border where the migrant surge shows no signs of slowing. more on that coming up next. i, 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. ♪ (ac/dc: back in black) ♪ and nutrien♪ ♪to the bowls are back. applebee's irresist-a-bowls all just $8.99. do you struggle with occasional nerve aches, weakness or discomfort in your hands or feet? 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(vo) nobody dreams in conventional thinking. it didn't get us to the moon. it doesn't ring the bell on wall street. or disrupt the status quo. t-mobile for business uses unconventional thinking to help you realize new possibilities. like our new work from anywhere solutions, so your teams can collaborate almost anywhere. plus customer experience that finds solutions in the moment. ...and first-class benefits, like 5g with every plan. network, support and value without any tradeoffs. that's t-mobile for business. >> the crisis at the southern border shows no signs of slowing down. this, as a bipartisan group of lawmakers, proposes a way to make it more efficient. casey stegall is on the ground in laredo, texas, what are you seeing there. >> across the board the number of so-called stash houses busted by officials down here. that's a place used by smugglers both on the u.s. on on the mexico side, to essentially stash large groups of migrants until their fees are paid or to further evade border patrol. here in the laredo sector, look at this, more than 87 from mexico, guatemala and el salvador arrested at a home this week. in rio grande valley segment, they have been found this year. this as a bipartisan group of lawmakers hope to introduce a plan to open four regional centers here along the southern border staffed with judges, who can decide asylum claims more quickly. >> i mean, even some of the folks are not even being put in the immigration system, they know they're not giving notice to appear. and i think as of a couple of days ago over 50,300 people had just been released on what i call the honor system. >> now, the feds say drugs are also pouring into the united states. not just people. in less than a week, more than $1 million worth of meth, cocaine, heroin and fentanyl seized and that's just in this one area alone, here in laredo. so, again, when you think about the border stretching for nearly 2,000 miles, it's just problem after problem they're facing down here. benjamin. benjamin: casey, thank you. i want to remind you, this is a business run by cartels and people are lied to, not what they expect when they come across. molly. molly: the u.s. is calling for calm in the middle east this after rockets are fired into israel by palestinian militants and the israeli military strikes back. trey is following this live in jerusalem with the latest. trey, to you. >> molly, good afternoon. police in jerusalem and israelis officials are calling for calm amid expected clashes tonight. over the past week violence erupted not only here at the damascus gate, but at check points, and also as you mentioned the gaza strip. more than 100 were injured after ultra religious tear gas and flash bangs were used then. and we saw molotov cocktails thrown and stones used to target police officers and israeli forces. and the x-factor is the gaza strip. overnight 36 rockets were fired into israel and they continued to put pressure on the jewish state. we visited with a community hit by rocket fire along the border, take a look. >> it happened next to a house, the shrapnel can go through the houses so it's one thing to know first of all, that everyone is safe and all right. and once you know that, everything relaxes. >> it was just before 6 a.m. in the community, when the sirens went off. residents say they didn't even have time to get to shelters like this one before they heard a loud bang, a rocket slamming into the ground of this animal sanctuary in the small community along the border with gaza. authorities fear it's a message from hamas, to ongoing clashes in the city of jerusalem. the israeli military responded to that rocket fire with air strikes inside the gaza strip early this morning. we do know prime minister benjamin netanyahu along with his defense minister held security consultations today and what the hours could bring. molly: trey is watching it for us. thank you so much. benjamin. benjamin: parents now fight back against their school districts reading, writing and wokeness agenda. that's coming up next. hooh. that spin class was brutal. well you can try the buick's massaging seat. oohh yeah, that's nice. can i use apple carplay to put some music on? sure, it's wireless. pick something we all like. ok. hold on. what's your buick's wi-fi password? buickenvision2021. oh, you should pick something stronger. that's really predictable. that's a really tight spot. don't worry. i used to hate parallel parking. (all together) me too. hey. you really outdid yourself. yes, we did. the all-new buick envision. an suv built around you... all of you. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. >> schools across the country have seen recent curriculum changes, including critical race theory and anti-racism. these additions sometimes at the expense of more traditional academic classes. now there are parents across the country that have been pushing back against the changes. we're joined now by one of those parents. thank you so much for joining us for this saturday afternoon. we really appreciate it, it's so important to get the voices of parents in all of this as this all begins to unfold. these are challenging topics and we're in a challenging time. it's hard not to address issues of race across a culture, but even adults and politicians in washington find the subject matter challenging. new there are parents across the country and public and private schools that are concerned about the subject matter and also getting rather surprised when the subject matter comes to light. if you could share a little about your experience and one of the big concerns that you've expressed, which many parents are expressing, which is just a lack of notice. >> oh, yeah, absolutely. and it's so great to talk to you, a fellow west virginia mountaineer, i grew up in west virginia, i came to this country as an immigrant at age four. and i love this country. i'm a-- this critical race theory is so anti-american and racist. it's trying to tackle the issue legitimate as you say about race and racism and discrimination in america, but create a new discrimination and what it's doing is it's targeting white kids, asian kids, kids that are different that don't fit into the new hierarchy of human value that the idealogs want to push and i saw this at my son's high school, thomas jefferson for science and technology and they took the social and emotional learning to teach black lives matter and bring in ideas the kids mostly asian from immigrant families are quote, racist. this is dangerous stuff and parents don't know about it, but we're fighting back with this parents defending education and i invite everyone to go to our website defendinged.org and report what they're seeing in their school district. molly: one of the things that made this so challenging, of course the subject matter is challenging and parents knowing that this is occurring in their schools. this organization you're a part of it, parents defending education, what would you say to parents that want to be better informed about the changes in curriculum that would like to know before versus after when subject matter comes over. and high schooler there's an awkward discussion at school that's challenging. >> realize you have rights. that's what our organization started with, this notion, we're all moms, we're watching and closely monitoring the school districts and as journalists, and in career, put on our nancy drew hat and we have to ask questions. we're filing freedom of information act requests, we're calling on school boards and we're asking for accountability. you have a right to see the kir curriculum and see what they're taught and challenge it. right now biden administration has a proposal to bring critical race theory into our schools and fund it. and week go to our website, and put in your comments and tell the biden administration we don't want that indoctrination in our schools, you have a right to speak up and speak out about this. molly: i know there are some parents that are probably a little nervous about doing that. thank you so much for sharing your voice with us here on this saturday afternoon. we appreciate it. >> thank you. >> everybody stand up with moral courage. molly: thank you. benjamin. benjamin: the cabinet of the joint chief of staff sending condolences to people of indonesia after debris from an indonesian submarine carrying 53 sailors on board are found. kitty logan with this. >> hi, benjamin. indonesia believe there's no chance of survivors. the debris, the discovery of it and the sighting of an oil slick means the submarine has probably broken apart and it was expected to have run out of oxygen by now, but no bodies have yet been found and so the recovery operation continues. the u.s. is assisting with those search efforts, sending a reconnaissance plane into the area to support the indonesian navy and 26 ships with some joining from other countries. the depth of the sea is close to 20,000 feet there and making it extremely challenging. the submarine lost contact 60 miles north of the island of bali. it went missing after diving during a training exercise. it's not clear what went wrong although there's a theory it may have sunk beyond its maximum depth. the authorities have ruled out an explosion on board. and now the family's worst fears are recognized. and it's to find the submarine itself. benjamin: what a horrific, horrific way to go in that submarine. claustrophobic just thinking about it, molly. molly: police declare a riot in the streets of portland as protesters dressed in all black smash windows of businesses next. how great is it that we get to tell everybody how liberty mutual customizes your car insurance so you only pay for what you need? i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ a lot of people think dealing with copd is a walk in the park. if i have something to help me breathe better, everything will be fun and nice. but i still have bad days flare-ups (coughs), which can permanently damage my lungs. my lungs need protection against flare-ups. so it's time to get real. because in the real world our lungs deserves the real protection 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reaction. >> we really don't want to burn the bridges, but if some mistake our intentions for indifference or weakness and intent to burn or blow up those bridges themselves, russia's response is asymmetrical, quick and tough. benjamin: what is president putin playing at, is he testing president biden or something more sinister going on we should be afraid of? >> i think he's testing. but they'd describe how the soviets would put a boulder in the middle of the road and charge us to remove it. and vladimir putin wants to be perceived on the world stage to be equal to the united states and secondly distracted his own nation and the world from alexei navalny's hunger strike putting him at risk of dying. and protests planned for next wednesday and that's the second thing, goal for vladimir putin. and then the third thing, he demonstrated that this is his sphere of influence and he showed that he could amass 100,000 troops on ukraine's border and that the united states which had plans for two of our war ships to transit on the way to the black sea would back down and decide that that was not going to happen. and so, vladimir putin, i think, i achieved those three aims and he can always go back if he wishes and if he feels like it's necessary and continue to threaten ukraine militarily or launch limited action in ukraine. benjamin: you he thinks med -- you mentioned the two warships and the black sea and president biden calling him a killer, and you haven't seen him push back on the pipeline which would benefit russia greatly. do you think that the biden administration is tough enough with putin. do you think it acknowledges a threat that is here? >> i think that the biden administration from the beginning to understand that our relationship with russia is a diagram, unshaded space where we're not going to get along, russian interference and cyber hacking and other things. and some areas we'll get along in shaded space, arms control, and if the biden administration could pursue that. and cyber telecommunications we've worked on together and the gray area we might be able to solve problems together. our-- it's a great intersection of our natural interests with russia in syria, iran, if there's a new discussion with a deal with iran and afghanistan and other places. president biden wanted to dial down the tensions showing we could be tougher on them because he wants a summit and deal with the issues in the gray area and open up opportunities for diplomacy. benjamin: in the '90s, the pentagon would plan to fight two wars on two fronts and now we face the possibility, we look at the troops amassing on the ukrainian border and china threatening to take over taiwan. do you think the u.s. is equipped to fight both if they decide to launch them together? >> that for sure is a critical question, i'm quite sure that president biden and his team is asking department of defense. he's also tasking our intelligence community to collect intelligence on the plans and intentions of russia and china and you're right, they are coordinating more together. they both see advantages to challenging the united states on the world stage to making the world more of a multipolar than it has been earlier in this century. they're both very aggressive. that's what was the big change over the last couple of decades. both china and russia, very active in the middle east, africa and we don't share interests with them. and so for sure, china has been extraordinarily aggressive against taiwan, russia against ukraine and that's a scenario that i'm quite sure the department of defense is planning for and you can be sure they've got a plan on the shelf they will pull out if they need it. benjamin: dan, thank you very much. certainly something we'll keep monitoring, thank you for joining us today, thank you. >> thanks. benjamin: molly. molly: talladega comes roaring back to life. you can go there live next. ♪ ♪i've got the brains you've got the looks♪ ♪let's make lots of 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his condition on instagram. you can see him there on crutches and leg in a brace. the first public image of woods since that far crash back in february. molly: all right, the countdown is on for nascar's big race in talladega. charles watson is fortunate, he's there on the ground with the latest. charles, to you. >> hey, molly. they are just starting to let fans at the speedway. and you can sense the excitement as they get ready for a weekend of nascar racing. where we are with the talladega garage experience. this is where fans are going to get to come and relax and get some good food and get some good drinks. i've got to tell you guys, this is prime property, prime location because these fans are going to be up close with the action, you know why? the track is there a few feet from their viewing area. now, there are two races scheduled today. obviously things were a little shaky this morning here in the alabama area as a bout of heavy rain went through and there is expected to be nasty wet weather throughout the day. so there's a lot of activity on the track right now. they've got the blowers are, you probably couldn't see them right now, but they're drying the track to make sure it's taff safe not only for the drivers. while they're getting that squared away, number 28, this car here, this is one of the vehicles driven by late nascar hall of famer davy alison. the funny story is, we saw a fan out here earlier today, came up to talk to him and he told us that he actually owns this car now. he says that this car has been sitting away in storage for several years now until he got the call to bring this baby to talladega. >> at first i didn't know how we were going to pull it off, but i knew there would be some way we would make this happen if we had to push the car in here, it was going to happen, but like i said, two weeks of nonstop, just day in, day out, and i mean, i can't thank everybody enough. if it wasn't-- there's no way i could have done this by myself. >> and again, john there, you know, he says he and his cousin have been working around the clock to get this baby ready. he says it wasn't until 11:30 last night that he got the engine going. he started it up for me and i can tell you it sounds really good so, you know, you've got nascar racing this weekend and for john, a dream come true, molly. molly: yeah, praying the car starts the night before is the type of thing you tell your grandchildren about. charles, you look like you've got the best seat ever. the weather looks great. are things a lot different for fans? i know it's limited there who can get in and be there firsthand and you don't see as many of the rv's limited in the parking lot, not allowed to park out there and grill. what's different for the big fans that would love to be there, but a lot of them probably watching on tv? >> i mean, well, what's different now is that a whole lot of fans can fit into the stadium, but because of covid protocols they've actually scaled down the capacity in here to 35%. so there's a lot of spaces, we can look into the seats, a lot of space that these fans have to be able to sit and enjoy this race as they normally would, but with a lot of space. a lot of extra space so they can breathe and no one is passing any germs off to each other. there's also limited concessions, so normally when you come to these nascar events you see lines and lines of concession stands, folks who are selling t-shirts, selling tons of good food. that's been scaled down some, but for a lot of the fans they're just happy to be able to go to a live sporting event and obviously in alabama they love nascar so this is a plus for them no matter the covid protocols. molly: i know. they'll probably have more room to stretch out and aren't quite shoulder to shoulder like they tend to be. you know, one of the things about talladega, it's a wider track so things can get crazy out there. what do you expect when the actual races kick off there? >> what am i expecting? i can tell you i'm not a nascar expert, but i'm expecting a lot of fast cars and loud sounds and a lot of happy fans, i've got to tell you. i keep on going back to the fans, but the folks i've spoken to so far today are so excited to be here today, you know, they're just taking it all in and taking pictures and they're going to have fun. so lots of fun. molly: absolutely. and you know, the drivers know it's about the fans, too, and miss interacting with them. charles watson, thank you so much, we appreciate it. enjoy it. it looks like you're having fun out there. thanks for chatting for a few minutes today. you can catch the action in talladega, kicks off 2 p.m. eastern on the big fox. the bowls are back. applebee's irresist-a-bowls all just $8.99. (vo) nobody dreams in conventional thinking. it didn't get us to the moon. it doesn't ring the bell on wall street. or disrupt the status quo. t-mobile for business uses unconventional thinking to help you realize new possibilities. like our new work from anywhere solutions, so your teams can collaborate almost anywhere. plus customer experience that finds solutions in the moment. ...and first-class benefits, like 5g with every plan. network, support and value without any tradeoffs. that's t-mobile for business. ♪♪ >> border apprehension and unaccompanied minor numbers keep climbing at the southern border while the biden administration is still refusing to call it a crisis. welcome to "fox news live," i'm benjamin hall. molly: and i'm molly line. a pair of texas lawmakers have come up with a plan to work through the asylum backing log, and we have casey stegall live from the border following all of this for us. casey, to you with. >> reporter: molly, good to see you. more crossings translate aring into more hazards not only for the federal agents on the ground here, but also the migrants as well. agents say the number of people drowning in the rio grande river back here which is the international boundary between the two countries, the number of drownings skyrocketing as have the number of rescues that have gone on, and it really is an around the clock operation day and night. look at this video out of roma, texas, not far from us. you can see migrant withs moving under moonlight. adults and family units are sent back, but the unaccompanied minors, they say. more than 23,000 of them now in u.s. custody according to hhs. the long beach, california, convention center, well, that will house up to 1,000 now. it's one of at least 15 emergency intake the sites that have now been set up for overflow across the country. >> right now there are no consequences to illegally coming to our border and entering our country because they've simply overwhelmed our capacity to deal with it. >> reporter: so some lawmakers, like senator cornyn there, support opening four new regional border centers that would be staffed with immigration judges and the like to help expedite asylum claims and remove people faster through a terribly backlogged system. a system, by the way, that was already, frankly, backed up well before this latest surge even began. molly? molly: all right. casey stegall there on the border for us. your ongoing and extensive reporting, thank you. benjamin? >> here to weigh in now is former u.s. border patrol chief and retired i.c.e. acting director ronald vitiello. ronald, thank you so much for joining us today. you've obviously followed this for many years now, you've seen the surges come and go. seeing what you're seeing at the moment, how bad is it, and are you seeing any signs of improvement, or is it getting worse? >> it's the worth i've ever seen it, and i don't see anything on the horizon that makes it stop. this problem has existed, unaccompanied children coming to the border, it's been a problem. it was very acute in 2014. it was five times as bad in 2018. and this crisis now, and the surge that's occurring is as bad as anything i've ever seen. and, again, there's no end in sight. we had tools in 2018, the migrant protection protocols, agreements with the northern triangle. all that got wiped away in january, and now the border patrol and cbp are being crushed by a wave of humanity that was essentially encouraged by the rollback of these policies and not having the right equipment in place to deal with what would inevitably be a surge. all the surges started, as senator cornyn said, there's no consequence. people are coming to the united states as children, and they're being released -- after they stay with border patrol for a bit and hhs for a bit, they get placed with foster families or people already here. so this is another wave that's essentially being incentivized because there is no consequence for them coming here illegally. benjamin: we are seeing some states maybe taking things into their own hands. arizona governor doocy has mobilized the national guard. how can they help? what are they going to be the able to do? >> they can do some of the tasks that don't require law enforcement officers to protect the border. so a border patrol agent can control the border, when they see someone crossing illegally, they can use their authority under the law to detain them and move them into the processing and either get them sent back or set up for a deporration hearing or now -- deportation hearing. so the national guard can help with logistics, they can help monitor sensors, they can do things that don't require law enforcement authority to assist the border patrol doing their job. the reports are that more than 40% of the border patrol is assigned to the comfort and care of illegal aliens that are in custody, and so the burden of that means there's fewer agents out on patrol or, there's fewer agents to respond to those sensors. so there's a lot more activity at the border. the cartels will take advantage of a border that's 40% less guarded. so the guardsmen can help with border patrol's logistics, monitoring sensors, maybe do some of the comfort and care for those in custody, handing out meals and water, those kinds of things. ben benjamin: meanwhile, new guidance has been given to enforcement officers not how to deal with migrants or how to improve the security there, but what terms to use. i find this amazing. they're wasting their time now saying you can't refer to an alien, you must say non-citizen, not assimilated, it's integration. surely, this is not the best use of their time down there. >> well, it certainly doesn't put more boots on the ground, it doesn't top the surge, it doesn't add sensors or roads to the border, it doesn't put more detention beds in inventory: it's basically nonsense. i went to the border control academy in 1985, and we had to learn legal terms so we knew what those statutes in law meant. the term illegal alien, it comes out of the immigration and nationality act, laws passed by congress. so renaming them or reshaping them in whatever effort is not going to improve the situation on the border. it's nonsense. it's a distraction to what's actually occurring, what needs to be done. you know, we have to look at these policies, and we have to look at the capabilities that exist at the border and improve those conditions. and changing the names of things doesn't help anyone. benjamin: meanwhile, $4 billion is going to be sent to those northern triangle countries rather than being spent on the border. ronald, i'm afraid that's all we've got time for today. thanks for joining us. >> good to be with us. benjamin: molly many. molly: former reality tv star caitlin jenner is making a run for governor of california looking to unseat governor gavin newsom in a all election. christina coleman has the latest on politics in california. christina. [laughter] >> reporter: hi, molly. yeah, that's right, there's a lot going on. there's a lot of reaction to caitlin jenner's announcement. we're hearing from a number of republicans. i just spoke with state legislator kevin kylie about this. he believes it could help get newsom recalled. >> the first question on the ballot is do you want to remove gavin newsom from office, yes or no. and if we don't get 50% over that question, the list of candidate cans doesn't matter. so having a prominent voice like caitlin jenners' in the field can only be helpful in terms of making that case. >> reporter: mayor kevin faulkner didn't outright mention jenner or her announcement, but he did say this yesterday. >> i think we're going to have a lot of candidates that will enter this race. i think that's a reflection on the dissatisfaction of the job that governor newsom is doing. i think i'm uniquely positioned in terms of somebody who's won elections and knows how to get results. i'm looking forward to the campaign. >> reporter: jenna ellis, who was a senior legal adviser and attorney for former president trump tweeted, quote: if the gop says caitlin jenner represents the republican party, i'm done with the republican party. country over party x our country is built on recognition of self-evident truths, not big tent politics. in a fundraiser yesterday, governor gavin newsom tried to tie jenner to donald trump. in response, jenner tweeted last night, quote: gavin newsom so so threatened by our campaign that he's trying to fundraise off my announcement instead of focusing on doing his actual job. this is what entrenched politicians do, they play politics instead of doing what's right for the people of california. jenner calls herself a proven winner, polls show that about 60% of voters still support keeping newsom in office and, again, a recall election is not official yet, but it is likely to hand. molly? -- to happen. molly: you know, it's fun to watch and celebrities have done well in california when they've shifted to politics in the past, and we shall see. christina coleman, thank you for following it for us. benjamin: thanks, molly. we have exclusive new video from the area where andrew brown jr. was shot by police. griff jenkins is live in north carolina with the latest. griff? >> reporter: ben, i'm in the driveway of andrew brown, and the investigation is under the control of the statement bureau of investigation. but -- state bureau of investigation. what we've learned here is on the morning the sheriff's deputies came to carry out a warrant, mr. brown sped away very quickly, splatter on the wall there. you can see the tire tracks as he drove through his own yard. the car ultimately crashing into the tree there on the left and that white house, we know a bullet went through that home. here is what happened when it went through that wall. watch. >> so the bullet comes through the house, hits the clock and then goes where? that's where it ended? >> no. it kept going through there. >> reporter: did it come out the other side? >> yes. came through here. >> reporter: all the way through there. >> reporter: yeah. it hit my crock pot. it landed on the floor. >> reporter: that's gotta scare you. all the way through your house. >> i'm glad i wasn't home, that's all. >> reporter: where were you, sir? >> my brother. we were -- with my brother, we were working. >> reporter: we don't know where that bullet came from because authorities are not talking, but it is why the protesters for three nights now have been demanding the body cam footage to be released by the sheriff here in the county. we spoke to him about releasing that video. here is what he had to say. >> yes, it will ultimately be released, yes. without exception. if there was any violation of law or policy, accountability is the first thing that's going to happen. they will be held accountable, absolutely. >> reporter: unclear exactly when we will see the video but, obviously, the sheriff saying it will happen. the mayor earlier today where we were last hour saying that they want to compel the video to be released. meanwhile, we expect more peaceful protests like they have been for the last three nights tonight as well. back to you, ben. benjamin: griff, thanks very much for that. molly: the fight to repeal qualified immunity for police officers is in the hands of the senate. but our next guest says there's a lot of misinformation about this issue. joining us now is national vice president of the fraternal order of police, joe grimaldi. thank you so much for talking about this subject. it's a pretty challenging subject, and also one i think as all of this unrest across the country sets in and the challenges are arising about what to do about reforming in policing, it's a subject that people might not have dug into specifically, but it's one that certainly may affect a lot of police officers across the country. so if you could just talk with us about what qualified immunity really means and how it might affect police officers in communities all over the nation. >> sure. well, thanks for having me on. and i believe that there's just so much misinformation and false narrative surrounding qualified immunity. i know, shocking, a police issue in 2021 that's not being presented by the facts. but all qualified immunity does is protect an officer from civil liability when they're operating within policy, training and the law. it does not protect an officer who knowingly violates the constitutional rights of a person. and in addition, and this is the kicker because so many people believe this is true, qualified immunity does not protect an officer from criminal prosecution, it does not protect an officer from an internal investigation, it doesn't protect an officer from discipline within their agency, and that qualified immunity does not protect them from being fired. and another misnomer that's spread frequently is every officer received qualified immunity. well, in fact, in the last 200 cases handled by the courts, it's only been granted to officers 57% of the time. and you don't hear that out there right now. it just seems people want to say it's granted no matter what an officer does, but let me tell you the impact it's having on our profession. just this discussion. people are running for the -- medical molly: that's the big question -- [inaudible conversations] yeah. there is, there is a big question about what does this mean for, you know, the heart of our police officers that are out there dealing with very difficult situations all across the nation and now sort of this underlying anti-police distinction that they're facing right now. the question though legally because, you know, this is a legal protection issue is could it open up the door for a multitude of lawsuits, and you just mentioned retirement among police officers. what does that mean for our police force in communities all across the country? >> well, i'll tell you right now, if you do away with qualified immunity, there is going to be an avenue land. of lawsuits coming at police officers and coming at the agencies, knew mispaltieses and sheriffs' offices, because everyone is going to be looking to sue the officer because they were arrested. we're already seeing a rash of retirements, and another huge aspect is recruitment. in colorado where they've already curtailed qualified immunity, 70% of the agencies in that state have seen their recruitment tank. if you look at new jersey, their applications are down 90%. our profession is drowning and doing away with qualified immunity would just be tying a cinder block to our leg. and you want to ask how the community feels about this, the latest rasmussen poll says that 63% of americans are scared that public safety's been been impacted by all the anti-police rhetoric. so we really need to sit down at the table and figure out solutions that are going to work for both sides so that we can move forward and stop with the going back and forth doing things that are ultimately going to harm our profession expect communities that we are sworn to protect. molly: just very quickly, at least 25 states have taken up this issue, they're talking about qualified immunity reform. so it's definitely on the forefront. so people across the nation were to understand it, you talked about working together. as these reforms are being initiated in various states and also at the national level this is being discussed, what can police say, people that represent the police and work in their interest to work with lawmakers that are drafting this legislation? is there compromise to be made? >> well, i'll tell you right now the national from term order of police -- fraternal order of police stands ready to sit down with anyone that wants to have a discussion about our profession, how we can make it better, how we can interact with the community better. but i think people need to understand qualified immunity also applies to governors, state legislators, congressmen and women, and there's no discussion about curtailing their qualified immunity despite the fact they have -- [inaudible] while officers just have a split second. i think if we're able to sit down and really explain that to folks, they would see our side and that it's a fool's errand to do away with qualified immunity. molly: that is an interesting final point there. thank you so much, we appreciate your insight and taking the time to dig in on this issue because it's really on the forefront and, as you mentioned, one potentially misunderstood by folks who are beginning to dig into this. thank you so much -- >> thanks for having me. molly: we appreciate it. benjamin: new unrest break late last night in downtown portland, oregon. anti-police protesters smashed windows, spray painted graffiti on buildings and vandalized property. two people have been arrested. portland's mayor now extend thing his state of emergency through the weekend as the city prepares for more possible violence. ♪ ♪ molly: president biden preparing to go before congress next week and try to sell his tax and spending plans worth trillions. we will break that all down next. ♪ ♪ not everybody wants the same thing. that's why i go with liberty mutual — they customize my car insurance so i only pay for what i need. 'cause i do things a bit differently. wet teddy bears! wet teddy bears here! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ still being worked out, but some details leaking out. fox is told the president will consider pushing for a near doubling of the capital gains tax. the white house insists, though, it's only targeting a specific group of americans. >> what i can say is it'll only affect people making more than $1 million a year, that's .3% of taxpayers or 3 out of every 1,000 taxpayers that's even at the top 1%, saw their net worth rise $4 trillion in the middle of a historic pandemic. >> reporter: republicans not thrilled including pennsylvania senator pat toomey. he writes: we should be encouraging more capital investment, not less. this is a terrible idea, and it should be roundly rejected. it's unclear whether or not this proposal's going to jeopardize what the white house wants to do when it comes to infrastructure. remember, they're proposing some $2 trillion in infrastructure there. republicans have put out their own plans, but it would spend significantly less money. the white house says it is reviewing that proposal but not ready to commit to it yet. democrats not thrilled with what republicans have put forth, molly, because they say it doesn't spend enough money, to those negotiations are continue to roll on. molly. molly: we shall see. you know, this is what happens in washington. it'll be nateing to see -- fascinating to see what the president has to say with the joint speech in congress. mark, thank you so much. >> reporter: you bet. ben ben for more now on what biden's tax proposals mean for your wallet, let's bring in membership rochelle, macro trends adviser founding partner and visiting fellow at the university of san diego. he's also the cohost of the no -- podcast. mitch, thank you so much for being with us. you are the man to help break down what that all means. let's start off with the corporate tax rise. they're saying likely rise from 21 to 28%. now, the tax foundation says this is going to decrease gdp by .7%, same with gross national product, capital and wage rates coming down. raising just $694 billion in tax revenue. now, they also say that this, that the economic cost of this corporate income tax will fall on workers. so what is the true impact of a tax like this? >> i think that i agree with the tax foundation, benjamin. and, in fact, let's look at when we took the corporate tax rate from 25 down to 21, and that went into effect, you know, several years ago. in the years that followed, we saw unemployment go down to the lowest level in history, and most importantly we saw wage gains. in fact, in 2019 before the pandemic and the shutdowns, we saw the wages for the lowest paid hourly workers in the united states grow at a rate two times faster than those with with the highest paid hourly wage earners in the united states. so clearly, corporate income taxes get passed on to one of two places, either to the consumers, if not, they take it out of the hide of the workers. so labor pays the price for higher taxes. period, end of story, and it's been proven time and time again. benjamin: moving on to capital gains which they're talking about doubling to almost 40% for those making a million dollars. i know million dollars seems like a lot of money, but there's a trickle-down effect here, isn't there? explain that to us. >> this week the stock market reacted somewhat violently, and then it sort of bounced back. but it's not just stocks and bonds. it's investment business, okay? and businesses could be small businesses. so when you tax gains on investments, you're taking money out of the investment pool. and investment in business, in enterprise is basically the currency for investment in innovation, and right now we're doing this over technology in my home using a computer, using skype as a way to communicate9 with you. the investment dollars that create that innovation won't be there if we take half of it away. so, you know, jobs get created by investment capital and innovation is the thing that creates jobs, especially in an economy like ours which is largely a service economy. benjamin: and then very quickly, the third one, income tax. president biden has said he will raise it for those earning over $400,000, but now there's a bit of confusion whether that means per couple. apparently, it's going to be quite hard to pass because a lot of democrat donors are themselves wealthy. can they get it through? >> i think if we focus on the marginal tax rate, raising the marginal tax rate for the top 1% of taxpayers which is what they're talking about, i think what happens is the state and local deduction which went away in the tax cuts and jobs act back in 2017, i think what's going to happen that's going to be on the table again. because if you raise the marginal tax rate, i think, you know, those blue state campaign contributors are going to say, hey, we want our s.a.l.t. deduction back. so i think's going to be a big bargaining chip in those negotiations. but there's a lot on the table. there's a lot, and i think you can get a lot of pushback from representatives on both sides of the aisle. ben ben yeah, yeah. and meanwhile, the republicans have proposed their infrastructure bill which is about a quarter of the size, and they would like to use the money left over9 from the covid relief bill which hasn't yet been spent. i don't know if they can meet in the middle, what happens there. mitch, thank you so much for breaking that down and joining us this saturday afternoon. thank you. >> good to be with you, benjamin. molly: congress takes on big tech as companies like twitter accused of free speech clampdowns. ♪ ♪ ♪ benjamin: pressure is building on washington to rein in tech company amid antitrust concerns. jacqui heinrich is live in washington with more. >> reporter: silicon sali tech giants faced questions from the senate judiciary subcommittee after the house committee approved its tech antitrust report. that summed up a year-long investigation into google, amazon, facebook and apple and their alleged abuses of market power. these movements are stet set -- setting the stage for congress to make action. repealing or reforming section 230, the law shielding internet companies from internet liability over the content users post as well as content moderation including measures to protect children. this hearing focused on the gatekeeping power these companies have over app stores and web hosting, effectively putting them in control of any app's success or failure. >> just because a company creates a successful, innovative business that consumers like doesn't give it a free pass to harm competition or ignore our antitrust laws. >> reporter: apple allowed parler back into the app store this past week after it was pulled amid criticism over content moderation policies and user posts about the capitol hill insurrection. but parlers has not been restored to the google or amazon stores. former president trump added calls as he considers starting his own social media company. >> i'm looking at it. we're looking at different platforms. we have a lot of people that want to come on existing platforms. they have to be strong. they can't be dominated by amazon anding google and people that can take them off the air right away. and you do need antitrust. you have to do something about it. >> reporter: a big priority for republican lawmakers is passing legislation that would address instances of bias against conservative voices. benjamin? benjamin: yeah, and, of course, facebook will decide in the next couple of weeks whether or not to let president trump back on their platform. we'll be watching that closely. thank you very much. molly? molly: all right. joining us now for reaction to this and other top political stories, of course, senior editor at the federalist chris bedford and democratic strategist and fox news contributor leslie marshall. thank you both for joining us on this saturday afternoon. you know, when it comes to big tech, there's actually a fairly significant amount of bipartisan agreement that something needs to be done. there's a little bit of difference as to why motivations, democrats, republicans have different ideas with. but it seems to bethere might be some common ground to be found here. where is the common ground, leslie? can we find it despite the differing motivations the parties might have? >> oh, definitely. i think that this is definitely an area of bipartisan agreement especially when it comes to protecting consumers. and especially when it comes to monopolies, although not illegal, clearly violating the sherman antitrust act. here's the deal, it's interesting that republicans are agreeing with democrats on this because you're talking about more government control, you're talking about, you know, slapping people on the hand in a sense for being capitalist, right? which is, you know, capitalism is king to the right. but at the end of the day, when you have, you know, 30% when you look at google, when you look at apple, that is the number of, that is the percentage of benefitses that they get -- benefit that they get financially from the apps, from the companies and also what they talked about with senator klobuchar specifically on wednesday was a phone call that was made between the big tech giant and match.com as one of the apps as an example saying i thought we agreed, did you pay. and, you know, some people said, wait a minute, this is intimidation. at the end of the day, the consumer has to be protected, and i do think this is an area where democrats and republicans can agree and that there need to be, certainly are, looking into any violation of antitrust laws, but in addition to that for legislation, in addition to that if there needs to be some reformation of that to address these silicon valley giants. molly: so, chris, i think i caught your nodding your head for a second, so maybe there is common ground. one of the things that conservatives and republicans have raised when it comes to big tech is the tempering or the silencing of conservative voices. so republicans and conservatives might be coming at this from a different angle. so where do you see the collaboration and the success when it comes into reining in big tech? leslie had one point about big government, you know, what is fair to these company as well. >> i think that's exactly the place where a lot of republicans were kind of woken up from their maybe knee-jerk, philosophical alignment with sometimes business worship and not realizing that there's a real danger in power whether it's in government or power that's too much in the hands of private businesses that are even less accountable to the voters and government. the app stores that have been created here and that have been targeted this week as part of these hears, that's a great -- hearings, that's a great place to go. this is among the most influential technology, it's actually changing the way people think. you could be sitting here talking to your mother or your husband or wife or child, you could be in church, and if your phone starts to buzz, it distracts you. it draws you to it. it draws you out of reality. it's the closest thing that this technology can get to rial impacting what we -- really impacting what we care about and our behavior. if wall these off and -- if they wall these off and make them difficult, and you saw amazon web services, apple and google or targeting parler and saying we're not allowing you in here -- and, by the way, that evidence was never actually shown for why this happened -- a all of them getting together and saying we're not allowing you on, that woke some republicans up to saying, you know what? we're against big government power but, holy smokes, this is a lot of power being used against the american people. molly: we only have a couple of seconds but i want to get a final point from each of you. lawmakers on both sides to have aisle have put forward legislation. where is the common ground in this legislation, and does it -- is there a potential we have as americans where we could go too far into crossing the rights of these companies or as you mentioned, chris, where does that stop? leslie, just a final point on the potential legislation. >> first of all, private companies, you know, the first amendment doesn't apply to them, so when you talk about censorship, legally and constitutionally these private companies don't have that. but i think where the line is that the republicans and democrats meet, again, is consumer protection. and not just consumer protection, but protecting smaller companies and the bigger companies who are having to pay these very large fees, like i had mentioned 30%. that could hurt small businesses andinging of course, those costs trickle down to the consumers. and, again, you don't want monopolies in this country, you don't want too much power whether it's in private businesses or in politics. molly: all right finish. >> you're not going to get -- [inaudible conversations] molly: so sorry. >> it's going to be for collusion. that's where you're going to nail them. molly: all right. leslie mar hall, chris bedford, thank you so much. we really appreciate it. benjamin, to you. benjamin: thanks, molly. doctors across america now get the green light to start using the johnson & johnson covid vaccine again. those details coming up. ♪♪ you don't become a runner, who breaks eight world records... after age 65, without a serious support system. kathy martin has one in medicare from blue cross blue shield. she won't go a day without the right card. because she can't go a day without running. the medicare coverage trusted by more doctors. this is the benefit of blue. learn more at benefitofblue.com. ♪ na na na na ♪ na na na na... ♪ hey hey hey. ♪ goodbye. ♪ na na na na... ♪ hey hey hey. ♪ goodbye. ♪ na na na na ♪ na na na na... the world's first six-function multipro tailgate. available on the gmc sierra. ok, at at&t everyone gets our best deals on all smartphones. let me break it down. the world's first six-function multipro tailgate. you got your new customers — they get our best deals. you got your existing customers — they also get our best deals. everyone. gets. the deals. questions? 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[♪♪] when you have diabetes, managing your blood sugar is crucial. try boost glucose control. the patented blend is clinically shown to help manage blood sugar levels. boost glucose control products contain high quality protein and key nutrients to support immune health. try boost. ♪♪ benjamin: health officials announcing that the johnson & johnson vaccine can be used following a temporary pause. the cdc and fda saying the benefits of the vaccine outweigh the small risk of blood clots. officials have found 15 cases of blood clots in womens ages 18-59. the vaccinations will come with a clear warning, but there will be no age restriction. ♪ ♪ ♪ molly: governor andrew cuomo's office is denying requests made by several media outlets to release the state's covid is the nursing home -- covid-19 nursing home data. fox senior correspondent laura ingle joins us live with the latest, covering this nonstop for weeks. the latest from you. >> reporter: right. hi, molly, good afternoon. you know, this has been an exhaustive fight for both the press and the family members of those who have lost loved ones due to the covid-19 pandemic in nursing homes. and with the governor's latest response, it looks like this fight is going to go on a lot longer. now, we're talking about the latest round in a response to a request from the associateed press to governor cuomo's office and a freedom of information act with governor cuomo's office denying the ap review of their documents regarding the covid-19 nursing home death toll. in a letter, the governor's access officer stated it won't publicly disclose nursing home data that it gave to the federal government last year stating it would, quote: constitute an unwarranted invitation of privacy. >> this has never been act protecting the family. if that was the case, he would have released information to those who lost loved ones in nursing homes a long time ago. this is all about protecting andrew cuomo and his political career. >> reporter: it has been a long haul fight for these records after the justice department requested the new york and other states share their data in regards to covid-19 nursing home deaths. the u.s. attorney's office in brooklyn and the state assembly judiciary committee also looking into claims that the cuomo administration purposely undercounted numbers which officially stand at over 33,000 cases and over 8403 deaths. -- 840 deaths. many believe -- 8400 deaths. many believe the numbers are much higher. not because he's trying to cover up anything, but instead because his office is trying to get an accurate tally. molly? molly: the bottom line is journalists the public, there are those who want answers. thank you. benjamin: nascar fans who have a need for speed will get their fill this weekend at talladega. we're going to go there live aanext. ♪♪ of the flexibility to handle whatever monday has in store and tackle four things at once. so when her car got hit, she didn't worry. she simply filed a claim on her usaa app and said... i got this. usaa insurance is made the way kate needs it - easy. she can even pick her payment plan so it's easy on her budget and her life. usaa. what you're made of, we're made for. usaa. (sfx:footsteps in wet cement) (sfx:birds singing, distant dog barking) hi hi ♪(whistling tune: "don't worry, be happy")♪ benjamin: and the excitement is growing fr the nascar cup series at talladega tomorrow. charles watson is on the ground with maybe the best assignment out there. charles, what are you seeing? >> reporter: hey there. a lot of action on the track. the action has begun here at the talladega super speedway and on fox sports 1 for those watching at home. you can see the cars speeding fast. these are your up and coming racers who are trying to make a name for themselves. and as we mentioned earlier, there are fans here today at the super speedway to watch all of that. i've got to tell you, it hasn't been easy for these fans to get here and enjoy these races. capacity here at the super speedway is around 80,000 in the grandstands. that number has been scaled down to about 35% capacity. nascar and talladega super speedway, they obviously want fans to have a good time while also keeping up with safety guidelines. so folks here have plenty of room to kick up their feet and enjoy the action on the track. fans are being asked to wear a mask because a lot of them abiding by that throughout the time we have been here. but for those who, you know, sort of get a little loose, they have folks walking around asking folks to pull up their mask and making sure everyone is safe out here. there are also a numb of hand washing station -- a number of hand washing stations and sanitizing stations so they can keep things nice and clean. and before fans even make it to their seats, there's a whole check-in that they have to go through where they're getting screened, taking temperatures and making sure they haven't been around anyone who has covid-19 symptoms or experiencing any of their own. so so far so good. a lot of fans here today are enjoying themselves. they're having a lot of good food, they're having some drinks, and they're really in tune to all the action out on the track. obviously, there is ooh another race -- there is another race that they're expecting today and the big talladega 500 which goes off here tomorrow, the big race, which you can catch on fox. guys? penn ben charles, i've never been to a nascar race myself, but i'm told that the sounds, the vibrations, the adrenaline is intense. tell me what it's like standing so close to the track. >> reporter: well, it's certainly a lot of rumbling, right? it's very is, very loud out here. i can barely hear you, but there's a lot of quick cars moving around here. very quickly. these cars are going around, they're doing about 75 laps around the track right now. they have about 41 to go, and the fans that we see around, they're in tune to this. they're very much into this. they're checking to see if the guy that they're rooting for is in front and, hopefully, you know, whoever that fan is they come out with the win today. benjamin: yeah. of and, of course, tomorrow 2 p.m. all eyes will be on car number 7, that's the fox nation car, and you can catch all the action in talladega tomorrow on big fox. don't miss it. stay tuned, guys. it's going to be great. ♪ ♪ molly: father astronauts -- four astronauts arriving safe and sound at the international space station early this morning. they went up as part of pacex's crew two mission and will spend six months up there in space. there are now 11 astronauts onboard the iss, the international space station, for the first time since may 2011. a little crowded up there but definitely a worth wile journey, bringing -- worth wile while journey. congratulations to them. benjamin: and, of course, the space station isn't made for 11 people so i don't know where the extra ones are going to sleep. if i could go, i would. how about you with, molly? molly: oh, i absolutely would. i just want to catch the view once. any kid that grew up in the '80s grew up dreaming to be an astronaut. that's all for us this hour. it's been wonderful to be with you. benjamin hall. "fox news live" continues next with arthel and eric. benjamin: i'm benjamin hall, thanks for watching. ♪ liberty. liberty. liberty. liberty. ♪ a lot of people think dealing with copd is a walk in the park. if i have something to help me breathe better, everything will be fun and nice. but i still have bad days flare-ups (coughs), which can permanently damage my lungs. my lungs need protection against flare-ups. so it's time to get real. because in the real world our lungs deserves the real protection of breztri. breztri gives you better breathing symptom improvement, and flare-up protection. it's the first and only copd medicine proven to reduce flare-ups by 52% breztri won't replace a rescue inhaler for sudden breathing problems. it is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. don't take breztri more than prescribed. breztri may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. for real protection ask your doctor about breztri. arthel: frustration and grief in north carolina following the shooting death of 42-year-old andrew brown jr., an african-american man who authorities say fled his home when deputies showed up with a warrant. the community and the governor calling for the release of body cam video and demanding accountability. hello, everyone, welcome to "fox news live." i'm arthel neville. hi, eric. eric: hi, arthel. i'm eric shawn. we have two other big stories we're watching at this hour. let's go to the southern border, agents are still trying to deal with the surge of migrants who are crossing into our country, but the crisis we're toll now

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