taught that the color of their skin defines him again. hear me clearly. america is not a racist country. it's backwards to fight this clinician with different types of discrimination. >> kristin: attendance in the house chamber tonight was limited to 200 lawmakers, still wearing masks and social distancing during the speech but afterwards you can see wanamaker speaking up close with the president. nicole malliotakis is standing by for a reaction tonight, plus we got the latest on that new reporting that members of andrew cuomo's administration deliberately locked locked relief. and in elizabeth city, protesters gathering for an eighth straight day to demonstrate and to defy and 8:00 p.m. curfew. and while we've got congressional correspondent jacqui heinrich standing by with reaction from capitol hill but let's get started with white house correspondent kevin corke. >> a relatively muted tone for mr. biden in his first address before a joint session of congress. he did urge lawmakers to unite behind his aggressive spending agenda and he did take a few swipes of the former administration. he also introduced trillions of new spending initiatives including what the white house is calling the american families plan. >> president biden: investments and jobs and infrastructures like the ones we are talking about often had by portis don't like bipartisan support in the past. we discussed the jobs plan. >> he saying the jobs plan. he also saying that he re-applauds republican senators who recently put forth a $568 billion counterproposal to the biden plan. >> president biden: job is building ports and airports, rail cars and transit lines. >> later on biden calls out senate republicans were "stalling" progress on gun control legislation saying lacks gun laws have led to "daily bloodshed." >> president biden: i don't want to become more confrontational. we need more senate republicans to join their colleagues and close loopholes required in a background check of guns. >> let me break down the americans family plan. it will get the lion's share of the attention at least tomorrow. he used this piece to talk about it and will will run about $120 million focusing on health care, child care and education including two years of free community college. not to pay for the sweeping plan, you guessed it. mr. biden is proposing raising taxes to 39.6% up from 37% and also nearly doubling the capital gains rate for individuals making more than a million dollars and hiking the corporate tax rate to 28% up from 21%. he also urged lawmakers to pass it become brands of immigration reform and he advocated for the george floyd justice and policing act, part of what they called real reconciliation on policing in our country. all in all, mostly what most people expected but this will have the tongues wagging in washington tomorrow as people break down what was said and what was not said. >> not a lot of surprises in there but certainly a lot for us to talk about tonight. kevin corke, thank you. so with a record low number of members of congress witnessing the presidential address first hand at the republican response by a south carolina senator tim scott tonight it's a pretty good indicator of how biden's message is being received. we will go to congressional correspondent jacqui heinrich who is simply reaction from the right tonight. actually, good morning, jackie. you've been pulling some long hours today. >> it has been a long one. south carolina senator tim scott to come the senate's only black republican spoke openly about how racism has affected his life. at talking about being pulled over without cause or followed while he shopping. but he leaned into democrats for using race as a political weapon to shut down debate and sell every issue the way only one side wants it. >> from colleges to corporations to our culture, people are making money and gaining power by pretending we haven't made any progress at all. by doubling down on the divisions we've worked so hard to heal. the same filibuster that president obama and president biden praised when they were senators, the same filibuster that the democrats used to kill my police reform bill last year has not suddenly become a racist relic. just because the she was now on the other foot. >> scott described the democrats framing of the shoe as a mouse or a power grab. saying for instance democrats talked outrage over george's new election was a way to justify federal icing elections. he criticized president biden for trying to bring americas together but using an agenda that tears people apart he said. it was a tough needle to thread a scott is also leading a bipartisan push on police reform. he's earned the respect of his democratic colleagues and senator cory booker calling him a good faith effort, and actor but he criticized democrats for blocking his own police are proposed or after the deaths of breonna taylor and george floyd sing the other side wanted the issue more than the solution. tonight floyd's attorneys said the family will be meeting with scott as the two sides try to reach an agreement. they have become well-versed on the proposed legislation so they will meet with senator tim scott and several other key senators on both sides of the talk about how their bride is on the proposal proposed legislation, that we could have been america. >> scott also talked about conservative solutions saying democrats want to time and spend making the economy less competitive rather than allowing the free market economy the american dream. senate minority leader mitch mcconnell praised scott for highlighting principles that expand opportunity and unite americans rather than pushing the agenda. >> kristin: jacqui heinrich alive on capitol hill. a select number of congressional lawmakers got to witness tonight's presidential address inside the house chamber including some republicans who were able to get some face time with the president. you are watching right there. and she's here with us now, new york representative nicole malliotakis who was able to speak with the president after his address. congresswoman, welcome to tonight show. you got quite a bit of face time with the president, what did you say to him? and it looks like you handed him a business card? >> yes, well i urged the president to go to our border to support our customs and border patrol agents, that they need his help and that was my message for him. he said he wanted to discuss it further and ask me for my card where he could reach me. and let's see if he does call. but we also got to speak briefly about transportation and infrastructure. >> kristin: i was going to say president biden didn't spend a ton of time talking about immigration, he spent the bulk of his speech to be focusing on his legislative agenda and is too big spending bills and he also repeated his call for bipartisan support for these packages. he said he wants republican ideas. let me get your take on the other side of this clip. >> president biden: however applaud the group of republican senators who just put forward their own proposal. let's get to work. i welcome those ideas but the rest of the world is not waiting for us. not doing nothing is not an option. >> so do you believe he's being sincere when he says he welcomes ideas from republicans? >> i think only time will tell. certainly the president said he wanted to work in a bipartisan fashion during his inaugural address and to date, 100 days later we haven't seen that. as a matter of fact he change the rules. and he didn't take any amendments, either, from either republicans or democrats. i'm hopeful he is willing to compromise. i think there are so many of us on the republican side that want to support transportation and infrastructure investment that it needs to be smart, tailored and be able to deal with roads, bridges, tunnels, airports and seaports, making sure that we do upgrade our water system and pipes and invest in broadband as well. the president mentioned all of that tonight and if you just left it at that we would have a great bipartisan bill that would be tailored at a fraction of the cost. >> kristin: it but one of the other big sticking point is how to pay for it. president biden went out of his way to make the case that this should not fall on middle-class americans and he wants to raise taxes on the wealthy and corporations. did you feel like there was any room for negotiation on that front? >> book. i think at the end of the date always does fall in the middle class. the reality is that when the wealthy people are not investing and expanding and growing their businesses and creating good jobs, when the american government is borrowing more money and spending and hitting a $30 trillion debt, that's causing inflation, the cost of products will go up. that's the reality that will have an impact on every game working americans when the bill comes. my issue is that this is a way that we can look at where government is spending. look at them amount of money we could say right now if we secured our borders, if we ended this crisis and if we didn't have these facilities with individuals detained? there would be a significant amount of money. that and the health care costs and education costs that are associated with it, we would have money to invest in the infrastructure and education and for us seniors, that's where american tax dollars should be going. it's an issue of priorities. what i will say is this, the president said he wants to be competitive with china. he wants to bring manufacturing jobs back. we cannot do that if we are going to over regulate, over mandate and overtaxed. that will not lead to competitiveness. >> kristin: so sorry to interrupt but i wanted to get your take. it was a moment of true bipartisan support, republicans and democrats getting on their feet and applauding and it had to do with police reform. watch this. >> president biden: we've all seen the name of justice in the neck of black americans, now it's our opportunity to make some progress. the vast majority of men and women that serve our community serve that honorably. i know that. we want to help make that moment as well. >> kristin: and so what did you make of that moment and do you think congress will be able to pass the george floyd justice and policing act or some version of it by the one-year anniversary of his death which is what president biden called for tonight? >> i think tim scott said it perfectly well, there are proposals that the purpose republicans put forward and we could certainly do something together if democrats are willing to. but i was hoping to see that the president acknowledged the great contributions of our law enforcement. i will be putting resolution on the floor to say that congress condemns any attempts to defund it, dismantle or abolish our police and i call on my colleagues on the oversight of the aisle to support that resolution and sent a clear message that we do have the backs of our law enforcement as well. >> kristin: that definitely was a moment, clearly president biden breaking with a lot of progressives and taking a stand and praising many police officers were doing what he believes is a good job. so quite a moment there tonight. congresswoman, thank you so much for coming on the show and thank you for sharing with us you are a little private one-on-one time with the president as well. we appreciate it. >> thank you. >> kristin: president biden providing plenty of fodder tonight for our political panel from covid-19 to gun control to the water crisis. so welcome to host of the "out loud" podcasts, the white house has set all week long with number one goal for president biden tonight is really to sell these multitrillion dollar spending packages that he's trying to push through capitol hill to the american people and to some degree, to republicans. so i will start with ug on oh, how do you think president biden data? >> i think it's unfortunate, he said he wanted bipartisanship from the very beginning but we didn't see much of that. he said he wasn't going to kill the keystone pipeline right away but we saw $2 billion and we just go out the door literally days after he got into office, 11,000 jobs. it will be very difficult for i think a lot of people to get on board and believe some of the things he said especially when you are considering the fact that he wants to raise the corporate income tax rate to almost 30% from 21%. it was originally over 30% to begin with. we know when wages end up going down as we've seen in the past, most economists will tell us that as well. he had some decent tones and there but at the end of the day we haven't really seen that the left working with republicans to get things passed. >> kristin: one of the ways that president biden is proposing to fund and pay for all these spending bills, let me play a little clip as president biden tried to make that case tonight. >> i'm not looking to punish anybody. but i will not add a tax burden, additional tax burden to the low class in this country. they are already paying enough. i believe what i proposed is fair. and it raises revenue to pay for my proposal to create millions of jobs that will grow the economy. >> so president biden is standing firm on raising the corporate tax rate and raising the tax on wealthy americans. do you think there's room to negotiate? >> that's a great question. of course this is something the president campaigned on what he was running for office. he details his american families plan with the way to pay for it and the vast majority of americans will not see any increase in their taxes if they make under $400,000 a year, that's a middle class. as he said in the speech it only affects the fraction of the top 1% of earners in this country. i thought it was a compelling moment when he talked about the trillions of dollars that 650 billionaires in this country made during the covid-19 crisis when for example he mentioned the 2 million women in this country that fell out of the workforce because of covid-19 either losing their jobs or having to stay home and take care of their kids. it's a compelling argument that the president made and he's going to hit the road the rest of the week touting the planet selling it to the american people. >> kristin: at one of the other focuses tonight was on china and president biden making the case that china was america's number one enemy and not each other. >> president biden: we can't be so busy competing with one another that we forget the competition we have with the rest of the world. autocrats think the democracy can compete in the 21st century. it takes too long to get consensus. >> president biden referring to chinese president xi jinping there. what did you make of that line of attack against china from president biden tonight? >> it was surprising to hear 10% from the big guy criticizing china. if you want to tackle the trading deficit with china, then we will have to actually work on our tax rates and did not increase them. i think even lowering them would be better, just to quickly respond to the guests on the other end who talked about the 2 million women who were put out in the workforce which wasn't part due to the so many of these large blue states shutting down their local economies and therefore putting women, men and those who are young americans out of the workforce. so we have to look at the complete picture when we talk about these issues because covid-19 wasn't only made worsened by the policies of democrats. >> but it wasn't just blue states, it was across the board. >> i'd like to hear your thoughts on how president biden handled china tonight? >> he kind of ad-libbed a bit in terms of his conversation with president xi, and i think focusing a light on some of their human rights violations and some of their currency manipulation could be a winning argument for the president to rally both republicans and democrats in support of some of his plans to stay competitive on the global stage. >> all right, thank you both so much. president biden's first address in the books. girl scout cookies falling from heaven? in a moment this former police dog kisses owner mention cocaine. that's right. stay tuned. keeping your oysters business growing has you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo hi guys! check out this side right here. what'd you do? - tell me know you did it. - yeah. get a little closer. that's insane. that's a different car. -that's the same car. - no! yeah, that's before, that's after. oh, that's awesome. make it nu with nu finish. (text chime) (text chime) (text chime) (sighs) (text chime) (chuckles) (text chime) it's the biggest week in television. watchathon week is your chance to finally watch shows you missed for free. now you get to talk about them with your friends, no matter what time it is. say "watchathon" into your voice remote and watch for free >> kristin: and check out the startling moment for a woman in england. rebecca taylor just getting back into her vehicle after walking her dog when her car door slammed shut, and when she looked up, she saw that swirling dust devil appear out of nowhere and just as quickly as it came, it was gone. fortunately rebecca was fine. a massive flock of cockatoos taking over a neighborhood in australia. this is like a scene from a hitchcock horror movie. local reporters that the birds can be incredibly destructive but they are a protected species which means not much can be done to stop them. >> are shopping lists, bread, milk, pasta, eggs, cocaine. just kidding. >> kristin: this former police dog has rocked tiktok after reacting to his owner mention cocaine. the video has been viral and has since been viewed over 2.6 million times. his name is donte, he's a german shepherd and he's giving us one more reminder that law enforcement is never off-duty. and watch joseph and joe joe everett rise up and throw this ball down. at the polk county deputies saying it's his community. and spanish firefighters pulling off a spectacular aerial rescue of the 1760-pound bull that had fallen off a cliff. the bowl was only slightly injured after falling 100 meters on a pretty steep slope. after the animal was sedated, rescue workers secured him with the harness and he is now safe and grazing in his usual posture. finally tonight, missing out on thin mints in the pandemic? and who isn't? a google affiliate is using drones to help the christian burke virginia community get their fix of girl scout cookies. with sales being down and covid restrictions dampening their efforts, the gang is starting to get creative. and come on, who doesn't like thin mints? new information tonight regarding just how far andrew cuomo went to conceal nursing home death statistics during the pandemic. aishah hasnie digging into the details tonight. >> new revelations are only adding fuel to those calls for impeachment but governor cuomo and his administration are still denying that they did anything wrong. tonight, new details of the nursing home scandal shrouded the cuomo administration once again revealing just how far his most senior aides went to cover up the true number of nursing home deaths in new york. "the new york times" reports how his aides stopped at the state health department from publishing a scientific paper that included the real nursing home data, prevented an audit of the death numbers from seeing the light of day for months and stonewalled to health department letter is drafted for state lawmakers. letters that were never sent. the times report this was happening on the same time the governor was talking about and striking a $4 million book deal on leadership during the pandemic. tonight, the governors loudest democratic clinic assemblyman ron kim assembled a scathing statement in which he writes the governor benefited from hiding in the deaths of fellow fellow new yorkers for maximizing it on his book deal. immoral doesn't even begin to describe his actions. this year the new york attorney general revealed cuomo's administration had underreported nursing home deaths by as much is 50%. state officials repeatedly explained they could not verify how many residents died at hospitals, despite fox news uncovering they'd been collecting the data since last april. a spokesperson for the governor responded to "the new york times" article writing, the whole brouhaha here is overblown to the point where they are cynical suggestions offered for the plain and simple truth that the chamber wanted only to release accurate information that they believed was totally unassailable. and kristen, time will tell if that's true. both the fbi and are investigating those numbers and don't forget the governor is facing a state investigation into multiple claims of sexual harassment. >> kristin: thanks. rudy giuliani's apartment raided by the feds this morning. our legal eagles are on the case, next. two medical societies have strongly recommended to doctors to treat acute, non-low back muscle and joint pain with topical nsaids first. a formulation they recommend can be found in salonpas. a formulation they recommend can be found in salonpas. salonpas. it's good medicine. hisamitsu. at aspen dental, today is the day to take back your smile. why wait? we're here nights, weekends and right now, to give you exceptional care and 20% off your treatment plan. new patients, take the first step with a complete exam and x-rays that are free without insurance. because our nationwide network of over 1,500 doctors at 900 locations all have one goal — to make you smile, today. start now. call 1-800-aspendental or book online at aspendental.com (vo) jamaica. 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(vo) feel the sand between your toes, and the gentle waves of the sea on your skin. feel the warm jamaican breeze lift your spirits and nourish your soul. escape to exactly what makes your heart beat. you will love every moment. jamaica. heartbeat of the world. let's go. now, simparica trio simplifies protection. ticks and fleas? see ya! heartworm disease? no way! simparica trio is the first chewable that delivers all this protection. and simparica trio is demonstrated safe for puppies. it's simple: go with simparica trio. this drug class has been associated with neurologic adverse reactions, including seizures; use with caution in dogs with a history of these disorders. protect him with all your heart. simparica trio. >> president biden: this shouldn't be a red or blue issue and it no amendment to the constitution is absolute. we are not changing the constitution. we being reasonable. >> kristin: a president biden urging congress to act on gun control tonight but absent that, just how far could he get reforming firearm laws via executive order. let's get into some legal analysis. gentlemen, thank you so much for staying up late with me tonight. let's start by talking about some of the proposals that president biden laid out tonight. it within the context that he is already signed some executive orders to do what he can to get some gun-control reforms in place, absent congress passing some laws. so can you bring us up to speed on what he has done and how much he could potentially do without congress, john? >> well as you heard president biden say, he's not trying to change the constitution. he can't change the constitution, it creates the second amendment and creates a right to keep and bear arms. it's not really up to president biden through executive order to really change how control works in this country. it really may not be up to congress even if he could get 51 senators and the majority of the house to vote for gun control, like expanded background check or bans on certain types of guns or a certain types of magazines. unfortunately for president biden and democratic congress, this is up to the supreme court. the supreme court has not told us for 13 years how the test is to work for what is a reasonable regulation and the right to bear arms. president biden may have a big wish list of gun-control items but ultimately it will be up to the supreme court. and at the supreme court with a combination of bush and the trump appointees on it, i think they are going to be very skeptical of any new kind of gun-control measures passed by this congress and signed by the president. >> he does have a wish list and went through some of them during his address tonight. >> we need more senate republicans to join the overall majority of democratic colleagues and closing loopholes required in background check purchases of guns. we need a ban on assault weapons and high-capacity magazines. >> president biden kind of went on to crack a joke or ad lib. he said, what do you think deer are wearing, kevlar vests? what did you think of that speech? >> a couple of points you to first john's, i don't think there's a strong argument. it's true that the supreme court has been delphic to date but they are talking about making background checks more robust. that's one proposed law. and the same thing, we used to have an assault weapon ban. so i don't think that's likely to derail it. what i thought was, he was talking kind of directly to the american people in the way that certain presidents are able like fdr and reagan because this is an issue that isn't, or shouldn't be partisan. 90% of american people are for a stronger background checks but for a number of reasons, there is a stalemate in the senate. so i think he was saying, this is one of two issues where the democrats would be ready to push back on the filibuster for and i think he was sort of redefining partisan issues as one that is part of sin american population rather than in the senate. it's kind of a quirk that's 50/50 there. >> kristin: i can't talk tonight's legal eagles without talking about rudy giuliani, it's a manhattan apartment raided by the feds this morning. what do we know about why they did this and what potentially they were after? >> according to leaks that it seems like our coming out of the u.s. attorney's office, saying it's against all leaks throughout the u.s. attorney's office, but according to these kind of leaks that we are seeing, the claim is that giuliani is being investigated for representing ukrainian businessmen. you might remember this led to the first impeachment of president trump. if that's the case, what they are investigating him for his violation of what's called the foreign agents registration act which is a law that you may recall which was also used against paul manafort. the reason that analogy is important, violating that law which wasn't much in force until quite recently, not that big of a deal. what it is ideal for is that like paul manafort, i could see him using that law to try to get giuliani to cooperate in any kind of investigation against president trump. >> kristin: trying to get harry in here because he is a former u.s. attorney. i'd love to get your take on just how bad is this for rudy giuliani? how serious of an escalation is this investigation? >> it's very serious and i think in this situation it would have been approved all the way up. people have been in this situation upwards of 80 or 90% and wind up being indicted. i take john's point that it's not the crime of the century but it's not the technical offense. the idea is to know which foreign officials are trying to influence us and if he was taking money from them than that would be a crime. finally, there's a lot that we saw rudy giuliani doing in plain sight. some things january 6th, so more may develop in one indication of that as they also went after the david doria ten thing. but how bad is it? it's very bad even if it's the only the offense that john talked about. it looks like they have the goods on him because a magistrate of approved a meaning was probably probable cause. >> kristin: not a good day for rudy giuliani but we will say that he's denying any wrongdoing and his son came out and said that they believe this is purely politics. not a great day for him. john and terry, thank you both so much. i was going to say good night but how about an early good morning? >> think you both, thanks john. north carolina remains on edge after a judge denies a request to have body cam footage released in a shooting of andrew brown. that's next. his father was a miner, they were immigrants from italy and somewhere along the way that man changed his name and transformed himself into a successful mid-century american man. he had a whole life that i didn't know anything about. he was just my beloved grandpa. bring your family history to life like never before. get started for free at ancestry.com hi guys! check out this side right here. what'd you do? - tell me know you did it. - yeah. get a little closer. that's insane. that's a different car. -that's the same car. - no! yeah, that's before, that's after. oh, that's awesome. make it nu with nu finish. the first survivor of alzheimer's disease is out there. and the alzheimer's association is going to make it happen. but we won't get there without you. join the fight with the alzheimer's association. cyber attacks are relentlessly advancing. to end them, cybereason built a cyber security solution so advanced... it can end attacks today -- on computers, mobile devices, servers and the cloud. and deliver future-ready protection, keeping you sharp for tomorrow. join us, the defenders, in our mission. cybereason. end cyber attacks. from endpoints to everywhere. >> kristin: several arrests as protesters march for an eighth straight night in elizabeth city north carolina following the decision by a judge they are to not publicly release the body cam footage from a police involved shooting death of andrew brown. charles watson has tracked the latest of elements against night. good evening, charles. >> we saw much more aggressive action tonight from police officers and sheriff's deputies addressed in riot gear armed with shields and what appeared to be pepper ball guns. for the second night in a row some protesters stayed out past the city's 8:00 p.m. curfew and officers forcibly pushed them off the streets. at least one person was arrested but for the most part protesters were peaceful as they called for police accountability. >> we need a difference, this is horrible especially for the black community. it makes you feel some type of way. >> during a hearing wednesday concerning the release of the police body camera footage, prosecutors argued that brown hit deputies with his vehicle before officers shot and killed him. 42-year-olds family maintains his car was not moving when police say they shot brown of five times. >> as it backs up, it makes contact with law enforcement officers. the next movement of the car is forward and makes contact with law enforcement. it is then, and only then, that you hear shots. >> the judge ruled against a petition to release the body camera however brown's immediate family will be allowed to view the video. the local sheriff says north carolina law needs to change so body camera footage is released much quicker. >> if we are going to continue to have that community trust we have to have that transparency and accountability will follow. >> brown's funeral is scheduled for monday. kristen? >> kristin: thank you, charles. the mayor of portland is calling for an end to violence as seattle faces a policing crisis with officers leaving the force in droves. so let's address the unrest in the pacific northwest with seattle talk radio host jason rantz. let's talk about this. if you got 66 police officers who have left seattle pd so far this year and the number is expected to go up to 100. can you put this in perspective for us? historically, how big of an exodus is this and how does it stack up? >> it's huge. last year was a historic high for the spd losing these officers at about 193. going into the end of may we will get up to 300. this all started around the time with the defund movement. for a while the spd had some staffing issues because the city, and hating cops has become a sport coming from both the seattle city council but also the activist community. but here's the most concerning part. seattle has the lowest number of deployable officers since at least the 1980s. obviously, the population has considerably junked since then. and we are experiencing some significant surges in crime. we just broke a 26 year record of homicides here. >> since you brought that up i would love to pop up this graphic to talk about exactly that. you can see the number of homicides in 2019, 31. and 2020 until now now, 57. it looks like it's gotten pretty bad. >> we just had a report that came out yesterday in king county where seattle is located, 34% increase in homicides over the last four years. there's no sign that this is going anywhere and it's a due in large part to the fact that we just don't have enough police officers. and that we have embraced not only in the city, but the left has embraced in this country a culture of lawlessness. we are giving endless chances to criminals who end up recommitting over and over and over again and each crime they commit seems to escalate. don't punish anyone, we demonize the cops and say that they are the bad guys and we give a pass to the actual criminals out there. all we are doing is emboldening at this of behavior. and it really this happening all across the country. we look at what's going on in new york city, minneapolis and louisville, we are seeing increases in crime while officers are abandoning the departments. >> kristin: and something else happening in your area, this k-8 school was sent into lockdown after a homeless man was seen with a firearm. policed swarmed the school but can you help me understand why exactly this is happening? there's a homeless camp that has sprung up on school property? >> the school is located in north seattle and right next door is a park that's owned by the seattle school district. the school board refuses because of their ideology to sweep up any encampments so this encampment has grown to be enormous. i visited just a couple of weeks ago and it's massive. as a result more people are showing up and posing a danger to these kids. >> kristin: and listen to what this one parent has to say and i will get your take on the other side. >> i went through and there was someone with the throwing acts right in the middle of the trail surrounded by tenant, throwing it out this target and repeatedly hitting the bull's-eye. yesterday in seattle there was a shooting at a different encampments, two people were shot. >> kristin: throwing in acts it sounds like very close to young schoolchildren. >> it's a little relief feet away from the playground. i spoke to that parent today because as you pointed out, yesterday a security officer on campus awesome with what he suspected was a gun. it turned out to be a bb gun and no one was hurt but they went into the lockdown. unfortunately it feels like these kids are sitting ducks and the only way that this seattle school board is going to act as when it's too late, when there's actually a victim or victims. obviously that would be a tragedy. this is very easy to fix. we have shelter, we have space for these folks but they are holding off, the school board led by chandra hansen, they are holding off for subsidized housing. just today i got an email forwarded to me from the pta of the school supporting the decision to keep the encampment at this park. it is destructive. >> kristin: it keep watching it for us, stay safe out there and let us know what you find. thanks so much. >> i will, thank you. >> kristin: now updating you on a story lease brought to you last night. following a hearing that could impact 50 million public high school students that had to do with freedom of speech. and where that doesn't does not apply. here's correspondent david spunt. >> a high school cheerleaders f-bomb laden snap on snapchat, or more than 90 minutes the justices listen to arguments about the limits of free speech off of school property. >> i didn't specifically target anyone. >> during arguments the justices mixed across political issues including whether brandy reviews off-campus posts which justice kavanaugh likened to blowing off steam deserves discipline. >> may be what bothers me when i read all this is, it didn't seem like the punishment was tailored to the offense. >> my goodness. every school in the country would be doing nothing but punishing. >> but other justices worried of free speech free for all would hurt school efforts to stop harassment or cyberbullying. >> no matter how disruptive particular speech is to this school, it has no choice but to tolerate that. >> it might be that student speech that occurs outside of school is sometimes going to cause fundamental problems, disruption of the school's learning environment. >> in 1969 the u.s. supreme court created rules for the kinds of restrictions that schools can impose on school grounds. tinker v des moines involved students who wore black armbands to silently protest the vietnam war. the court said that students do not lose their first amendment rights when they enter school property. >> it helped me, expressing my feelings, i don't know. i express them online and i feel like it's easier to express them online than it is to tell your parents. >> this case is about more than a snapshot post with the f-word. they expect to make a final decision by the end of june or early july. kristin? >> kristin: and thank you, david. finally tonight we ought honor apollo 11 michael collins who orbited the moon during the apollo 11 mission and he is our midnight hero. or in this case, our early morning hero. thanks for staying up late with us. even vogue magazine exclaims, “at 52, cindy still looks as good as she did at 25!” us weekly calls it “proof that cindy does not age” what's cindy's secret? meaningful beauty supreme! the groundbreaking anti-aging system that has kept cindy's skin looking so surprisingly youthful for so long. ellen pompeo when you see the pictures of cindy at age 31 and then now at 52, her skin actually looks more radiant now then it did then. so... whatever she's doing is doing, i'm down to try. announcer with meaningful beauty, frown lines appear diminished in just weeks! crow's feet are visibly softened, and under eye areas appear lifted. horizontal necklines appear dramatically diminished! blanche people definitely say, what are you using? and i say meaningful beauty. and they say, okay, well i guess i gotta go get some. announcer and now is the perfect time for you to experience meaningful beauty supreme because this special offer is cindy's best deal ever! normally $139 dollars, you'll pay only $49.95 for all five concentrated super treatments. and we'll even include free shipping. but wait. order right now we'll add cindy's glow and go trio, over $80 dollars' worth of bonus extras, free! first, the sensational glowing serum, cindy's secret to an instant, red-carpet-ready glow. next, the amazing triple exfoliating treatment and, cindy's incredible ultra lifting and filling treatment. april walker i'm about to turn 50 and people absolutely can't believe it. they say there's no way, there's no way. announcer meaningful beauty comes with a 60-day money-back guarantee. take advantage of this amazing offer. only $49.95 for everything you see here. ellen pompeo these creams and serums are amazing. my skin appeared firmer even a little lifted, that's a great feeling! announcer call 1-800-461-8333 or go to meaningfulbeauty.com right now! let's listen to the action on the floor as we pause at the top of the hour. president biden, just moments away. ♪ ♪ >> bret: a live look at the >> a live look at the u.s. capitol, beautiful evening here in washington, and we are just moments away from president biden and tonight's address to a joint session of congress. a good evening from washington. i'm bret baier. >> and i martha maccallum. any moment now president biden will take the podium and he will be announced as is the tradition on the floor. at the familiar call of the sergeant-at-arms. >> it's going a lot quicker because there aren't that many people to call in. and the lawmakers are not posted on the isle there is much

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