migrant camp under the bridge in del rio, texas, might be gone but most of the thousands of haitians who crossed illegal into the u.s. are here to stay at least for now. hello and welcome. a brand-new week. implant sandra smith in new york, new york. hello john. >> john: i'm john roberts in washington, welcome to "america reports." dhs secretary mayorkas telling chris walsh on sunday that more than 12,000 haitians or potentially more have been released. >> sandra: he says the processes in place to make sure migrants make appearances in immigration court but how many of those immigrants actually show up? that's the question that still in the air. former acting ice director tom homan is here and he is standing by to weigh in on that. >> john: but first we go to griff jenkins in upper tula mexico where in the many migrants start their journey north. and there's another group looking like they are ready to go. >> good afternoon. the pipeline of haitians trying to get into the united states stretches all the way to south america through central america and they have all crossed here in tough petula, the southernmost city. there are thousands of migrants, mostly haitian, trying to get papers so that they can get a permit to work here in mexico. as they work their way north, they are all aware of what happen with their fellow countrymen and women who crossed over in del rio last week and the fact that 12,000 or more are being allowed to say right now has sent a message that has encourage them to come. but the conditions here would were described to one haitian migrant to me as a "prison. very, very difficult. stevenson, can we talk to you for just a moment? stephen son, you are wearing a biden shirt. what's your message and what would you like to say to president biden? >> i would like to -- haiti -- nothing job because for this, who is here. >> do you want to go back to haiti? >> no, never. >> so to the united states? >> yeah. because the united states has an opportunity for a young because i am young. and my mother and father, the are in haiti. >> stevenson, i'm sorry to hear that, good luck. john and sandra, that's just one of the many thousands of haitians here and there are tens of thousands in that cracks down on many of the migrants moving north without official papers moving them to move around the country, and we have heard that the mexican officials in places like laconia, and that makes them officially register, the governor of mexico is offering voluntary flights. and as she said it, the has gone out, chris, thank you. >> let's bring in fox news current tribute her former directing officer tom homan. it's good to have you here. the number of migrants that have been released into the u.s., how likely is it that those migrants will remain unaccounted for in this country? >> look. if you look at the current data come about 50% of them come half of them will never show up in court and never show up the ice office. but if you look at the date overall, the last two years, you look at the doj website and 86-89 percent don't qualify because either they don't show up where they simply don't qualify. out of those that are removed, that 9 out of 10 they get move moved in the loser case, 3-6%. so most of them aren't going to stay here. >> sandra: we got those numbers on the immigration court backlog, so people can take in the numbers that we are dealing with. the backlog of cases come at last count 1.4 million and that's the average number of days from those cases to be completed, 891. to your .3% actually get removed from that court backlog. chris wallace had the opportunity to really grill secretary mayorkas over the weekend and he is one of the exchanges with chris. >> how many have been released into the u.s.? >> they are released on conditions and approximately 12,000. >> have been released? are we talking about a total of 12,000 or could it be even higher? >> it could be even higher and the number that are returned could be even higher. what we do is we follow the laws congress has passed it. >> sandra: he's blaming congress rather than the president. as aptly misplaced? >> a couple of things. there are far more than 12 or 15,000. they have a little over 2,000 deported, so where it are the other 27,000? he said 8,000 went back to mexico. they are going back to mexico to stay, they just went down the line, two or 3 miles down the line entering illegally because they serve so many resources, there's over 200 miles of border unguarded. these people to go back-to-back, they came to the united states and they are here illegally. another thing, many are released within ntr, no risk to report. on the bottom of the ntr, i read it on fox & friends. it says you are not in immigration proceedings and you won't be detained by ice for humanitarian reasons, you are released. so we are counting on them to show up at some ice office in the future or immigration court on their own free will and the data simply says they are going to do it. these people are going nowhere. we say one more thing that i wish chris wallace would have said. if they lose the case it will be removed. okay mr. secretary. how many recent border entrance have been arrested and removed by ice? that number is close to zero. we should have asked one more question because he's hiding the truth. he's dancing around it. >> sandra: a lot of questions that need to be asked and answered and we are expecting a white house press briefing to take place half past the hour but first we will hear from the president as he receives his booster shot. actually, i see the present walking out right now. tom, standby. we won't listen to the president at the white house. >> president biden: hello everybody, how are you doing? did you ever think you would see the press come to watch somebody get a shot in the old days? me either. anyway, like i did in my first and second covid-19 vaccination shot, i'm about to get my booster shot and it do it publicly. that's because of food and drug administration, the fda, the center for disease control and prevention and at the cdc looks at all the data, completed their review and determined that booster for the pfizer vaccine, and the others may come later i assumed with the pfizer vaccine are safe and effective. they have all the data they need to. last week they laid out who is eligible for those boosters for now. you are eligible for a booster if it's been six months since the second pfizer shot and if you fall into one of these categories, people over 65, which is hard to acknowledge, adults -- i'm only joking folks. adults with certain underlying health conditions like diabetes and obesity and those who are at increased risk of the covid-19 because of where you work or where you live, like health care workers, teachers, first responders and grocery store clerks, if you fall under these categories you are eligible for the booster. i know it doesn't look like it but i am over 65. i'm way over. and that's why i'm getting my booster shot today. if you are -- at the bottom line is if you are fully vaccinated and highly protected now from severe illness, even if you get covid-19, you are safe and we will do everything we can to keep it that way with the boosters. but let me be clear, boosters are important, the most important thing we need to do is get more people vaccinated. the vast majority of americans are doing the right thing. over 77% of adults have gotten at least one shot. about 23% haven't gotten any shots and that distinct minority is causing an awful lot of us, an awful lot of the image for the rest of the country. this is a pandemic of the unvaccinated which is why i'm moving forward with vaccination requirements wherever i can. on wednesday i will be traveling to chicago to talk about why it's so important that more businesses are instituting their own vaccine requirement. to be this pandemic and save lives to keep our children safe, schools open, we need to get folks vaccinated. so please do the right thing and please get the shots you could it could save your life. and it's easy, accessible entry. text your zip code 243-8829, 438829. or visit vaccines.gov to find a vaccination location near you. we can do this, get vaccinated. thank you very much. now i'm going to get my booster shot right here. the major is going to give me the shot. >> did you have any side effects from the second shot? >> president biden: i haven't had any side effects with the first or second shot. and i'm going to take one now. it is not high enough for you? >> is -- mr. president? >> president biden: she is going to get one, yes. >> the world health organization says -- without vaccinations, -- >> president biden: we are doing more than every other nation in the world combined and we will have well over a billion, 100 million shots and we will keep going. we will do our part and we have also giving a lump great deal of funding to the vehicle that does this so we have plenty of opportunities to make sure that we get everyone in the world come the widest part of the world vaccinated. >> how long does it take after vaccination to go back to normal? >> president biden: look. i think we get the vast majority, 97 or 98%, i think we are getting awfully close but i'm not a scientist but one thing is for sure it come of the country -- unvaccinated and we will continue to have a problem. >> how -- >> president biden: you know me, i'm a born optimist. i think these are going to go well and i think we will get it done. but we need tonight, tomorrow and -- >> what is your agenda -- >> president biden: it may not be by the end of the week, i hope it's by the end of the week but as long as we are still alive tomorrow we've got three things to do. the debt ceiling, continuing resolution and the two pieces of legislation. if we do that the country will be in great shape. >> sandra: all right. president biden answering a few questions on the board of their end of the report is yelling out questions as he walked away. the president receiving his booster shot of the pfizer vaccine as federal regulators have not approved that for age 65 and older. he got the first two doses of the pfizer vaccine before he was even in the white house as president back in december and january, and now he has received the third dose and he's encouraging others who can get it to go get that booster shot. kamala harris by the way got them a dharna so she's going to have to wait obviously like others and told that it is as well. >> john: let's bring fox news medical contributor dr. janette nesheiwat. how is giving boosters to certain segments of the population a system that overall goal? >> it's a two-part equation. we do need to remain focused on the 70 million americans who have not had their first or second vaccine. that's important in addition to ramping up global vaccinations. what happens in other countries will affect us here in the united states even if everyone here and the united states vaccinated because of a variant that we see emerging, like the delta variant. it is important that we continue to educate and encourage those who are unvaccinated that the vaccine is safe and effective and can keep him out of the hospital and we also need to make sure that we have easy accessibility and availability of the vaccine so we do need to continue focusing on both of those issues. >> sandra: dr. nash watt, i will ask a question that a lot of people up and asking as we get closer to being able to get the booster shot. some people feel like they want to cross over, they are about the efficacy getting higher with them at their nest so they kind of want to get the motor and a booster shot, or even get a reaction from the two doses. >> moderna is more effective than pfizer but still all of the vaccines we have are excellent about complications. i have had some patients that have crossed over that had for example two doses of pfizer and the third dose was with moderna and i had patients that came from overseas that had astrazeneca and then had pfizer vaccine after that and they did perfectly fine. as it is right now the cdc recommendations are to wait until the data comes out, dharna and at johnson & johnson. it's not going to be next year, it probably will be a matter of a few weeks and we will get the respective booster dose accordingly. >> john: at one of questions dr. nash lot with the president was when can we get back to normal if we continue with vaccination the way we are? every day i take a look at the new cases on the infection curve is definitely on the way back down after spiking from delta. so how long before we are back to normal? >> that's really exciting to see that the number of hospitalizations on the number of cases have gone down. we do know that that deaths are liking at hopefully this delta wave might be the last wave that we see for a while. if we continue to take precautions, not just with masks and vaccinations but doing routine screenings if you become exposed to coronavirus, make sure we have good ventilation for example in workplace and in schools but hopefully if we continue to do what we are doing we will see improvement and we will be able to return to normal lifestyle sooner than later and probably if we continue what we are doing, we won't have the spike and the search which i'm worried about that we might see in the winter around the holidays. we just need to continue pushing forward with vaccination efforts with our precautionary measures and hopefully, it may be early next maybe next spring we will be back to normal. we have to continue to take those measures that we know can help prevent the transmission of the virus. >> sandra: there's also been frustration from front-line workers who are vaccinated who want to protect themselves in the workplace who haven't been able to go get the booster shot. dr. nesheiwat, do you believe there should be an exception made at this point obviously is with the third dose of the pfizer for 65 and older health care workers? >> right now i haven't had any patients, i haven't had any issues with going out and getting vaccine. some places, you just have to make an appointment. in some places you can walk in like cvs and walgreens, those sorts of pharmacy is and even hospitals and i believe doctors offices will be providing those vaccines now. they already do. it's just a matter of finding out what your supply an appointment is in making sure you can get in as soon as possible. especially as we approach the flu season, we don't want to see flu and covid spiking up simultaneously because i could potentially overload the hospital. >> john: i like optimism, hopefully we can get back to normal next spring if not before, get those masks off yet again and go back to life as we know it. >> sandra: we will continue to help. thank you. meanwhile, newly obtained dispatch recordings are raising new questions about that august incident in utah that was caught on body cam video and involving gabby petito and her boyfriend brian laundrie. laundrie is considered a person of interest in petito's death. phil keating's live in florida with the latest. >> hi sandra. the large-scale searching in the florida swampy backcountry we saw last week is no longer happening. it's much more scaled-back, fewer people and fewer swamp buggies and the fbi is running the show. running the search for brian laundrie is now dog the bounty hunter, real name is duane chapman. he got no answer at the laundrie house but he will try to track the sun down as far as the appalachian trail assisted by volunteers. >> we have a special hotline. 833-call-dog and we gotten over a thousand leads. francie and i started this two days ago and we are going through all these leads right now. is incredible. pictures of him here and there and here and there and we are going through all these leads. i would say within 48 hours we will have a location where we start the tracking out. >> up north on long island, the family of his deceased fiance, 22-year-old gabby petito held an overwhelming emotional memorial service. hundreds of peoples turned out that didn't even know her. at the home of his parents the fbi showed up asking for anything that might have brian laundrie's dna on it as their son remains a person of interest in petito's disappearance and death. the left within minutes taking a paper bag. on that august 12th interaction in moab, the cops were responding to dispatch indicating specifically what a 911 caller saw. >> rp states that the male hit the female, domestic. they got into a white ford transit van that has a black ladder on the back, florida plates. >> despite eight days of searching by land, foot, air and water, penetrating swamp buggies in the florida backcountry, laundrie's whereabouts remain a mystery and the search for him now will be more focused and it targeted based on specific intel and tips which do keep coming in. >> sandra: phil keating, the latest in northport. >> john: let's bring in nelson andrew, the former chief of police. it's great to see you this afternoon. now that the fbi has taken over for northport police as the lead agency, how do you expect this investigation might change, and might move forward? >> thank you for inviting me. the fbi has much more resources than northport or probably all of the smaller towns in the united states so i think they are very methodical in what they do, going to get the dna for brian was a step in the right direction. he's going to be tracked down, my suspicion is, he's probably either in mexico or headed that way. >> john: interesting. the fbi did go to his home to see some items as phil keating reported. what do you think they would have taken in terms of getting some materials for potential dna matching? >> any type of cap, baseball cap or something usually has -- contains and of sufficient dna for them to get a sample to compare to anything, any evidence that they may recover later on which may lead them to where brian is. >> john: if there's a federal arrest warrant out for him based on improper use of credit and debit cards. how long nelson do you think before his name to suspect and then murder of gabby potato? petito? >> i think it's getting pretty close, i think they are looking pretty hard to matter what category or what name they gave him and i believe the fbi is putting a lot of resources into that and he should be located soon, even if that soon may be in mexico. >> john: as he is the just is not in the carlton reserve, that he could potentially be in mexico. the fact that they are wrapping up that search of the reserve and not really looking at any specific direction, is not an indication to you that they really have no leads on where he might be? >> it could be that or it could be that they have leads that he's no longer there. i suspect it was probably never there in the first place. so they are going to focus their resources elsewhere and i think that's a good move on law enforcement's part. >> john: what do you make of these thoughts particularly from friends of gabby that might be out there on the appalachian trail, that he's been up there before and knows the territory in the northern part of georgia, he's an experienced hiker. and as eric rudolph proved after the olympic park bombing in 19 next six, you can hide out in those woods for an awfully long time. >> you sure can but again, you will be hiding and you will have to remain in the appellations, hidden in the woods or whatever. where if he goes to mexico or any other third country that he may ultimately end up in, he will have a little bit more of a normal life, if you want to say that, then just living in the woods in the appellations. but that's always a possibility. >> john: had as phil keating showed us in his report we have that new dispatch audio where the officers involved in a traffic stop outside of moab, utah, back on august 12 new that brian laundry was suspected of hitting gabby, yet they let them go on their way albeit supposedly separately. we don't know if that really ever happened. at that traffic stop happened differently and laundrie was a process suspected of having hit her, as opposed to what appeared to be the other way around, do you think after that might have gone differently? if he had been arrested on domestic violence charge? >> that's a possibility and again, we are second-guessing and monday morning quarterbacking. but who knows how that could have turned out. did the officers feel they have sufficient probable cause for an arrest, not something that may come out in the future. >> john: the officers didn't want to seem to dispatch with it albeit as fairly as possible. andrew, good to talk to you today. later on we will be talking with former fbi agent bill daley who has some thoughts, obviously on where the fbi goes the investigation now. but sandra, i don't know when i'm not a law enforcement expert but it doesn't look like they've got a whole lot to go on. >> sandra: is a puzzling story and everyone has their thoughts on where he might be. and we will be following it. the border patrol mounted unit has been under fire for pictures showing them trying to block migrants from crossing into the u.s. at first they were wrongly blamed for using whips and now we are learning what they are actual orders were, when we see these images. >> john: that will be interesting to learn. plus a critical week for president biden's agenda on capitol hill, the president's $3.5 trillion spending package which would remake america is on the line. but is it really three and a half trillion dollars or is it a whole lot more than that? charles payne will join us with his thoughts, coming up. >> president biden: it is a zero price tag. we pay for everything we spend, it's going to be zero. ♪me ♪ the newday two and a quarter refi is the lowest rate in newday's history. two and a quarter percent. just 2.48 apr. just one call, and you can save thousands every year. there's no money out of pocket and no up front fees. the newday two and a quarter refi. at these rates, you may never need to refinance again. age-related macular degeneration may lead to severe vision loss, so the national eye institute did 20 years of clinical studies on a formula found in preservision. if it were my vision, i'd ask my doctor about preservision. it's the most studied eye vitamin brand. if it were my vision, i'd look into preservision preservision areds 2 contains the exact nutrient formula recommended by the nei to help reduce the risk of moderate to advanced amd progression. i have amd, it is my vision, so my plan includes preservision. >> sandra: john hinckley jr., the man who shot and seriously wounded president ronald reagan was granted on supervised release next year. as lawyers claim he is no longer a threat. the 66-year-old hinckley who lives in virginia was found not guilty of attempting to assassinate reagan by reason of insanity. it's been living outside of a mental health facility for the past several years under supervision. his release is scheduled for june of next year. the justice department says it would file a motion with the court before then if they had any new concerns. john? >> john: democrats finally releasing the massive plans for new supposed stomach and social welfare spending including additional rules from the irs in order to pay for it all. that's one of the more controversial items as a push to transfer america into a pseudo-wall street state. first congressional correspondent aishah hasnie is live on capitol hill with more. >> first and foremost let me tell you that this bill is going to create generational changes for this country and right now it's still being underwritten but right now it's chock-full of for progressive ideas. his what we flag so far. $79 billion go to the irs to strengthen tax enforcement and this is how they are going to pay for this. $12 billion for electric cars, $3 billion for something they call trade equity -- three equity. $4 billion for distance learning in schools and they want to keep that going. so 74 million for resources for minorities and people with gender identity issues. and that includes expanding medicaid and medicare. those are really big ticket items that will likely cost hundreds of billions of dollars and this actually skyrockets over 3.5 trillion and that's not going to go over well with the moderates out there. don't forget how speaker pelosi has tied vote on this bipartisan infrastructure bill to sort of placate wings of her own party but today's deadline for a vote on infrastructure is not delayed until thursday. >> i can't support any reconciliation package that doesn't lower taxes here in my district by reinstating the tax deduction. >> inexplicably his held hostage for the majority of the bill that the country does not want. >> policy sales pitch goes something like this, let's not talk about numbers, let's talk about value. >> john: the first red stomach raise the red flags on this event several weeks ago. isaiah, thank you. >> sandra: for more on this let's bring in charles payne joining us from fox business. i know you have a lot to say on this so take us through it. biden and these top democrats, they say don't worry. all of the spending is paid for already. but is it? >> no it's not. we wouldn't have had this close to $30 trillion in debt if somehow these bills ever paid for themselves and this is one of those ambitious in history. the notion is to sell the redistribution of wealth, but jeff bezos is their poster boy. a week ago the house was trying to best ways of actually tracking people with $600 of transactions in their bank account. is a lot of yellow and red flags out there from folks who understand that this is going to hurt. this will people who provide jobs and create jobs, and provide entrepreneurship. and it really isn't, and this is something different, something about making america a welfare state, a modern more social, european state where the government does everything. what you have is, you have upward mobility. what you have is less creativity. all the major companies of the world for the most part, they are american-made and they have their roots in this country. this is where you go to create the entrepreneurship and technology that by the way isn't even about wealth, it's about changing lives in a better way to create new opportunities for folks who views these products and services. it's a sales pitch that no one is buying, to be quite frank with you and i think there might be better off if they just went down and said honestly, for those of you who don't think capitalism is working for them, let's go this route. because that's what they are really talking about. >> sandra: we do have some democrats and the administration is defending this. jen psaki so the cost of zero and president biden said the cost is nothing. here they are in their own words. speak to every time hear this will cost, b, c or d, the truth is, based on the commitment i made it's going to cost nothing. >> does a lot of focus on the top my number but there's a range of proposals on how to pay for it by making the tax system more fair. so actually the cost is zero. >> sandra: but watch how republicans, charles, are now targeting democrats as we enter 2022 on this very issue. listen to this. >> sometimes even politicians tell the truth. >> president biden: guess what, if you are like me, your taxes will be raised and not cut. >> biden, pelosi and tom malinowski will make things worse with the biggest tax hike in decades. >> president biden: that was the republican congressional committee. and they see an opportunity. speak out there's an opportunity and your paychecks may have gone up in terms of nominal like, and set of $10 you are getting 11 but if you go to the supermarket you are leaving with your bags. america understands what's happening and they don't like it, it will make it better but it will make it a whole lot worse. if we ever do something transformational in this country it should pay for itself, not by confiscating wealth from others but by creating fresh wealth and opportunities from other people. that's the ultimate plan that i think america is going to see. let's not redistribute the money with the big government as the middle man who takes all of it anyway. >> sandra: let the businesses thrive and let the environment be friendly to them, they are the engine of america. i will end with this, "the wall street journal" editorial board says there will be consequences in the next election year. pelosi goes for broke and the editorial boards has focused on her legacy the speaker presses democrats to take votes that will end a career is in 2022. charles, we will see you at 2:00. >> sandrock, you can also see me at 4:00 filling in for neil and we will be all over this topic as well. >> sandra: i was just going to say, we will be watching you on both shows. >> john: a double dose of charles, nothing like it. 13 american servicemen and women were killed in the exit from afghanistan and now top pentagon brass are set to testify tomorrow. what questions should lawmakers ask? 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>> i've spoken to a number of congressmen, particularly senators about this and they are concerned as the american people and they certainly represent the american people. there will be a lot of discussion here. it starts first of all with the withdrawal decision itself. i believe the congress will want to get on the record. at the united states military leadership which is secretary of defense, chairman of joint chiefs and the combatant commander of centcom, where they oppose that withdrawal decision and put some light on what their considerations were. that's number one. i think also the president has continuously brought up as a factor in that withdrawal decision that the choice that he had was to bring thousands of combat troops back into afghanistan, taking american casualties significantly again or withdraw completely. i believe that's a false choice of the president made and i don't think it's realistic. i think the congress will explore that with the principles here to determine whether that option wasn't really on the table or was it ever a consideration? but certainly, the other issue is the contingency. the biggest surprise of all is the collapsed of the afghan security forces on the government. i think they will want to know, they understand withdrawal of the decision but what about contingencies? that could be a more rapid collapse or more rapid takeover. was there any plans for that and why did we stop the withdrawal and bring it to a halt, and put some airpower back in there to slow it down? lots of questions about that and certainly surrounding their field itself. >> john: i just want to let you know that we just got the two-minute warning for the white house briefings we may need to jump out. question for you. people are looking for accountability here. the fact that nobody has been fired or disciplined or whatever, too many people it isn't surprising because if somebody did take the fall for this, that would be a tacit acknowledgment that mistakes are made. the white house doesn't seem to want to admit mistakes. particularly, when you think that the civilian leadership basically parroted everything the president said. >> i don't think the military believes in its own mind about this is a fabulous withdrawal. and that's the rest the mic with the rest of the administration will do. and obviously they could do better. we do this routinely no matter what it is, whether it's a major campaign, or certainly an evacuation and what turned out to be a retreat from afghanistan. that's going to get done. and with that i think they will come forward with those admissions of mistakes certainly that are inherent in this. there are a lot of issues here and i think as opposed to some of the other hearings that i've heard, i believe these officials will be very forthcoming in terms of what they know and what they think about the situations. they know who they are talking to and they will be talking to the representatives of the american people and they certainly deserve to get the facts of what took place here. >> john: we talked with a member of the armed services committee, senator joni ernst of iowa coming up in the next hour. good to talk to you, thanks for joining us today. >> great talking to you. >> sandra: great thanks to the general as well. any moment we are expecting to see and hear press secretary jen psaki as she takes questions in the white house briefing room. we will go to her live. the doj is looking at allegations of abuse by border agents on horseback but is all the outrage of left misplaced over that issue? an exclusive report on that and jen psaki coming up, next. ♪ ♪ andrea: this is the hardest thing we will probably ever have to go through. st. jude has given us transportation, treatment. to know that we don't have bills, they take every other stress off of your shoulders. this is the new world of work. each day looks different than the last. but whatever work becomes... the servicenow platform will make it just, flow. whether it's finding ways to help you serve your customers, orchestrating a safe return to the office... wait. an office? what's an office? or solving a workplace challenge that's yet to come. whatever the new world of work takes your business, the world works with servicenow. >> john: fox news alert, the daily briefing underway across the street, actually down the street. i see jen psaki taking questions now. let's jump in and have a listen. >> briefly on the booster for the president, are white house staff is getting booster's well as the white house proper -- >> the cdc as you all know just release this information and recommendations or guidance on friday, and there hasn't always been determination made. but i will notes and she gave me the opportunity, it's pretty clear. this is one of the reasons the president conveyed this as well, exactly what this means. people are 65 years or older can look at the vaccines cards. it's been more than six months and they have the pfizer shot they should go get another shot. long-term residents eye care staff, people who are 18 years and older who have underlying medical conditions including obesity, diabetes, asthma, and those who work in haida settings including health care workers, teachers and grocery store workers who had the pfizer shot, looking a vaccine a card and if it's been more than six months, go get the shot. >> we follow the cdc guidelines but given the guidelines just came out on friday we are still making a determination about how that would be applied. >> i just wanted to ask, announced for capitulation, and those hostages are taking a look at the united states. >> it may feel foreign to them the department of justices -- it was a legal matter and a eighth announcement made by the department of justice and inappropriate for me to weigh on that further. i would note there was a lot wrapped up in their criticism there, our policy has not changed and our policy towards china, were not seeking conflict and it is a relationship of competition and we are going to continue to hold the prc accountable for its course of actions around the world and its human abuses. we will also continue to engage with the prc to keep channels of communication open to responsibly manage the competition and discuss potential areas of interest where those online. so there is absolutely no zero impact, no one should read it as an impact on our substantive policy. this is a legal matter and a legal decision. >> just a follow-up, president biden -- >> he raised the two individuals, the two michael's that have been released which is very positive news. it should not, as a surprise that president xi raised de a while official, but again there was no negotiation on this call. these leaders raise the cases of these individuals but there was no negotiation about it. it was president biden raising and pressing again for the release of these two michael's as if something that happens in every engagement that we do with the chinese or had up until this point in time. >> he opened about talking about how popular the president's agenda is with drugs and child care and change. if the president's agenda is so popular with the american people why can't he find the votes to get it through congress and why hasn't he rallied? >> i would say chris to public support is right around 80% for most of the initiatives then public support has been rallied. as it relates to the politics of washington, which sometimes is a code we are all living in here operates disconnected with the american, and roads, rails and bridges, they are not republicans or democratics. they are initiatives and they are improvements that the american people want to. people want improvements to child care and they want their costs cut, they want the tax system more fair. our zip code here is sometimes a little out of whack for what the public wants. that's why noted those pieces. i would also say though that what we are trying to do, and nothing is guaranteed. he is going to work this afternoon come up tonight and tomorrow to do everything he can to engage with democrats, people with a range of positions to get this agenda move forward. >> and he's the leader of the party. >> you asked me about the population and why there weren't more votes which is a good question but that's what i was answering to you. what we know is among democrats there is broad agreement about the need to cut costs in child care and the need to invest in roads and rails and bridges and make us more competitive, make our tax system more fair and just the climate crisis. there are disagreements around what the size of this package looks like and we understand that. that's what this discussion is in part about and again he's not naive about how challenging this is. he's been through a few of these rodeos before, and we move the agenda forward to move down the finish line. >> on this display, as it partly a concern that after all the back-and-forth on the advice and guidance of the government, people are confused about and maybe now even more doubtful about it? >> i would say that sometimes it's self-perpetuating. so when i'm trying to do is alleviate the confusion. and explain, things are exactly the categories. anyone who has had a pfizer shot, six months ago, go get another shot. if you took him a dharna or j&j they are still considering that data, stuck at the site yet, not approved yet. we want to do everything we can to alleviate any confusion, and to make clear it safe and effective in something you should do if you are in one of these categories. go ahead. >> has senator manchin or senator sinema made clear to the president with their demands are with this reconciliation package? >> i certainly understand your question, and i will let them speak for what their points of view are. there have been ongoing discussions and we've been in close contact with them as well as a range of members about the path forward. >> without saying what they are, you can't just say that they have pulled the president and here's where they are? >> we are not going to provide more details. >> the cdc work on the pandemic? >> me first say that it is never a good thing for the government to shut down and that is why we are doing everything we can to prevent that from happening. because a great deal of public health is not all of it, most of the public health works would be exempted from a government shutdown, but that doesn't change the fact that having services shutdown and staff and cut in different agencies is not in the interest of addressing any crisis we face including the pandemic. >> will they continue to work at 100% when it comes to pandemic response or what the preparation for that? >> as i noted last week we had begun making contingency plans, and the public health officials for the most part would be exempt but government shutdowns also are costly and cutting the staff with a range of agencies and that's not a positive thing obviously. >> there is an agenda for democrats, is there anything that you can share about -- that wasn't me. [laughs] >> no one even remembered that until you brought it up. >> [laughs] about whether those people comic meetings will be in prison or on the phone? >> let me tell you that, we all ate our wheaties this morning, i expect that will be the breakfast all week and things are constantly changing every day. probably every hour. and that brings people down here which are not that far from thee hill. we will keep you abreast of these details are finalized but we are working to that now and i expect that will be the case for the coming days. >> they are open to hearing what somebody wants to cut from the reconciliation package. when asked about a figure lower than 3.5. does the white house agree that something has to go? >> i think this is exactly part of the discussion that's being had between all parties that should not of all parties but many members in the democratic party right now. i'm going to outline those or detail those from here. >> and the president said he's going to chicago on wednesday to encourage more businesses, but glasser talked to the osha rule was still in the rule making process. do you have any update on when that will be done so business can implemented it and when you think that will happen? >> if there are a number of businesses that have already implanted it, even before -- or already implement it i should say their own requirement even before the osha rule making it happen and united as an example, they implement it a vaccine mandate several weeks ago and they now have -- they had a huge increase in the number of employees who have been vaccinated. so what the presidents continue to do is lift up private sector companies and businesses that have already put in place mandates. >> i would point you to osha, given there are some good questions, and businesses can employ it, it's become more popular and has been very successful in the vast majority of instances that have been plummeted mandates. >> what do you believe the president has a political or specific pieces of legislation? what let just don't like leverage does the president have with democrats? >> and terms of getting the agenda forward? >> i would say one is a hugely popular package. and that some of the specifics here. i would also say that if you talk to must democrats who are in congress and most certainly must democrats in the country, there is not disagreement about the fundamentals of what i'm trying to achieve and there is agreement that we need to address the climate crisis, the cut costs for child care and college and that we need to make it easier for women to rejoin the workplace. but there is agreement on that, there is a basic discussion that needs to happen, and i would also note, the case we are making here is that there needs to be agreement on the different components and broad agreement on the goals and there needs to be agreement on what the revenue pay for his art. and all of that needs to come together. >> the president is having difficulty bringing together his own party. >> first of all we are in the process now, and there is broad agreement about the different components of his agenda so what he's working to do now is unify the party around the path forward and that's what we are in the middle of. i don't think it's a little too early to evaluate how it will end. >> he said to go in next week. >> at the house and democrats, are we considering looking at testing for items in the reconciliation bill? is that something you would consider? >> it depends on what you don't like how you define what that exactly is. there are income requirements for a range of different components from the president's agenda. and i'm not going to negotiate all the specifics from here, i'm going to give you just a broad case understanding of how we've already approached things to date. it depends on how you are describing exactly what that is. we don't give the child tax credit, every family is not eligible for the child tax credit in the country. every person is not eligible. and there are some who propose that. as the past agenda, and beyond that there are ongoing discussions right now. i should think you should look at the president's past proposal, where there has been prioritization in the past in some areas for components of his agenda, that made it not have an income cap so we could expand the scope of who could get it. >> -- not take questions. can you explain why the american president was criticizing reporters in that session? >> and when i think he was conveying, today he might want to talk about the covid vaccines and some of the questions are about that. he might want to talk about -- and some of the questions are not always talking about the topic he had for that day. i don't think it was intended to be a hard cut of the members of the media, people he's taking questions from today and on friday as well. >> that happened that he was sitting next to the, and it also followed the incident on wednesday. it's a president reticent to take questions, and he took questions earlier that day on friday. he had already taken questions that day and i think that was a context of his comment. >> but honestly again the questions -- >> and he's taken questions standing next to a foreign leader many times in the past and will continue to. >> i want to ask about republicans are pointing to. if i heard this correctly, more than 16% of taxpayers would see their taxes increase, on a bill that is approved by the house ways and means committee. while the president signed that bill, coming out of that committee? or will they be coming up to several hundred dollars per year? and they are not paying taxes on anyone who's making less than $400,000 per year. there are some, and there are some who are saying that's the cause to consumers. we feel that that is unfair and absurd and the american people won't stand for that but i will take a closer look at the report. with >> the press -- the press is ranked 147th in the world, but without borders for press freedom, how does he say that about the u.s. press. and taking questions from the press, more than 140 times today and friday but certainly respects the role of the freedom of press and we ensure that we have press with us when we travel, that we have press with us in foreign capitals, and that's happening around the world. that's -- we now have another migrants that are crossing and they are expected to end up on the list of order within the southern border. and the president believes that immigration systems is incredibly broken. we have seen a surge of migrants come to the border recently and we saw a surge back in 2019, and until we fix the system, they have effective and operational system and we are going to continue to see cyclical challenges like this. across democratic and republican presidents. our objective continues to be not just addressing vesely the challenges we saw in del rio last week but working with congress to get immigration reform passed so we can fix the broken system. >> in congress, you get something even like bridges past which is coming to a head this week. and on average it's taking two and a half years for them to be processed to completion which is almost double than a year ago. congress is very slow right now. >> the republicans are standing at the border, and that's instead of relying on the future. make it work and make it operational, you can have a humane system and that's something we all agree the system is broken. >> there's not enough border security provision. the provisions are bolstering security. >> if republicans are eager to have a conversation about comprehensive immigration reform, we are happy to have that conversation. we haven't seen any willingness or appetite to do that, we have seen his speeches and talking points today. i go ahead. >> it makes sense. >> john: we will jump out of the white house briefing after questions from jacqui heinrich there on immigration, a perfect jumping off point for our next guest. let's bring in republican senator joni ernst of iowa. senator, welcome to the studio. you are our first in person guest, which we really, really appreciate. we've heard a lot from to government officials so i don't want to bring in this long sound from chris wallace and alejandro mayorkas over the weekend but he suggested, mayorkas did come up that at least 12,000 of these migrants down in del rio have been released into the united states. what's your reaction to that? >> we do have patients being released into the united states. will they return for a court hearing? we do know that there are another 20,000 plus that are in columbia, and until this administration secures the border. >> cyclical challenges is the way jen psaki labels the crisis and catastrophe at our southern border. obviously that comes on this the hills and that surgeons at the border. we know the numbers speak for themselves, and you think they will ignoring but not properly addressing, and that's at the border. that's another one of the crisis created by president biden in this administration. during the campaign there was open encouragement of people to flow to the southern border of the united states. and of their unwillingness to sikora the border which has created this challenge, and that's under the past administration like the remain in mexico policy. all of these things need to be followed up on. and all but kamala harris. it's a humanitarian crisis. one that is devastating and continue to encourage people to flow to the southern border with the promise of entering into the united states which is absolutely ridiculous. we could not sustain this. >> john: the message repeated many, many times by the secretary of homeland security, alejandro mayorkas is, the border is not open. don't make the journey, it will not succeed. but 12,000 people were just released into this country with notices to report, not even notices to appear, are saying it work for me and for the tens of thousands of people who had their eyes set on the southern border of the united states. what is the message of thought that sends for them? >> that's a message, come to the united states. we will do a quick survey of you and then release you into the united states. we know from past experiences that many of those that are even given a notice to report, they don't show up at their court date. they are just free to roam through the united states and these folks don't even have a court date. so it is an encouragement of people to show up. we are not prepared to handle this level of migration coming from the southern border and to jen psaki's point just a few moments ago, republicans do want to see a solution to this. the solution is that, for secure the border. we know that any changes to immigration, they don't matter. they don't matter when you have a porous border and that is exactly what this administration is saying. >> sandra: i know jacqui heinrich there at the tail end of her questioning asked about perhaps plans to bolster the southern border, rolled into this mess of policy proposals that we are sitting on part of the white house. but to your point, she said offering talking points so how do you respond to that? >> unbelievable again because during the trump administration we did have solutions. enzo solutions, because the democrats would work with us, it was left up to the executive order. through a number of president trump's executive orders we were able to find consensus with mexico and agreements which did stem the tide of illegal immigrants coming to a sudden border. this administration on day one did away with the remain in mexico policy and that did encourage more people to come to the united states knowing that they would be let loose again without a date to report in the united states. so how do we stem the tide? we go back to the past era and of their administration goals and that is to stem the tide and secure the border. >> john: another big issue is afghanistan and the answers to what happened there. you are on the armed services committee tomorrow morning, 9:30 a.m., and general mark mckenzie will be there to answer questions. what do you want to come up without giving too much away, what do you want to ask? >> certainly what we want to find out as did the president really know and understand the ramifications of the withdrawal? what was the advice that was given by our top military commanders to the president and was at censure to basically buy his political advisement team? so what were the ramifications to not only those that were serving in uniform and afghanistan, the civilians that we had on the ground in afghanistan and of course the innocent afghans that stood by her side for the past 20 years? we want to know, who knew what, when and why were those decisions made of? >> sandra: senator, thank you for is joining us. >> john: and can i just say it's great to have you in the studio. a little bit of back to normal for us. >> sandra: and feeling so good. more now on the migrant crisis and let's go to come up more than a thousand miles from our southern border to the mexico southern border and that's where fox news found another caravan of thousands of haitian migrants hoping to reach the united states southern border. if jenkins has been talking to some of the people making that dangerous trip. some fascinating interviews. >> is fascinating because we remember the caravan that i covered in 2019 and 2018, it was because the migrants were not being stopped here in the southernmost city, from moving north by mexican officials. it's hot, and this is where they would get their work permit papers and refugee strata comic status that would allow them to move north of tapachula. i will just show you, over here you would see the national guard has a presence here to make sure things are all under control and in the distance, we can't really show you now but there is a medical vehicle and ambulance, because many of the haitians and the migrants here are sick. now we talked to a family from honduras, so there are many under runs from the northern triangle, honduras, el salvador and we also met migrants from ghana and africa trying to get here. interestingly they spoke english but don't speak spanish or are having trouble with the language barrier here. but above all a senator ernst was saying there's a humanitarian crisis of on our south west to border on there's also one here. they processed more than 77,000 claims for refugee status here, something mexican officials have never seen compared to barely 40,000 last year. but this isn't where they intend to stop. they are coming, almost all by and large to the united states. we spoke to 21 haitian migrant named nelson who didn't want to be seen on camera but wanted to share his message. here's what he had to say. >> everybody here wants to have a better life in the future. they want to have a better life tomorrow. want to work. want to live without problems. >> just to give you one last look as he can see their families, lots of migrants and more are returning because nations across the back and into mexico up are being bused back into tapachula to start over again. many of them don't want to go back to haiti and that's the situation here on the ground. at the numbers are only growing as the heat gets stronger. >> sandra: an amazing live look you are giving us there from tapachula in those interviews. thank you very much. >> john: a great work as always. now to jeff paul in del rio, texas. what do you have her or us that from there? >> why those camps of haitian nationals might have been cleared out a few days ago, the study flow of migration continues especially where we are at. we seen at least two different migrant groups crossing the rio grande here and essentially coming up and giving themselves up to texas dps, just the day before. this is everything we shot his five families they are people from venezuela, and coming into central america. it doesn't matter the day or the time, the migrants aren't showing any signs of slowing down michael slowing down. the homeland security secretary alexandra my arcus said this the first time would seen something like this. >> we seen this type of irregular migration many times throughout the years. i don't know if governor abbott said the same thing in 2019 when they were more than a million people encountered at the southern border. >> mayorkas says in the span of about two weeks 30,000 migrants crossed near the del rio sector. we know 2,000 were flown back to haiti and mayorkas says 8,000 have apparently gone back to mexico but when asked how many have been released into the u.s., mayorkas says it could be around 12,000 or more. texas governor greg abbott calls the biden administration's handling of the border a derelict duty. >> they have because proms with haitians as well as other groups who are coming here for one reason and that's because they have sent a message into signal to the entire world that they are not going to secure the border. they will allow them cross. >> if they could be yet another migrant caravan right around the corner. sources here at the ground near the border tell us they are tracking another group of about 20,000 people crossing into southern mexico, heading north and could arrive anywhere around the u.s. or mexico border within the next month. >> john: we have seen spikes in the past but this one really kind of takes the kick. jeff paul along the texas-mexico border. >> sandra: john come up millions of americans have one last shot to get the shot. or else they could be fired. one major mandate taking effect now in new york and worries about what might happen that has the governor talking about calling in the national guard. jonathan turley on whether it's all legal. >> john: teachers in a major u.s. city being urged to snap sneaky picks of kids and share the pictures with the teachers union. what is that all about? that's coming up. ♪ ♪ worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. >> sandra: new york's governor warning; the national guard to take the place of doctors and nurses fired for not getting their vaccines. its deadline day for front-line workers to have the shot and tens of thousands of hospital workers are not vaccinated and could be fired. >> john: that would of course lead to a huge staffing shortages and the government is also considering bending rules to let retired and out-of-state doctors fill in but a separate mandate in new york city schools was taking effect today and put on pause by the courts. mandates across the country are just getting started so, is all this legal? constitutional law expert jonathan turley will weigh in and we have fox team coverage. mike tobin has the latest member in his studies about mescaline schools. >> sandra: buffers would go to alex hogan in new york where federal judges ruling on a vaccine mandate for teachers and school staff. hi alex. >> today is the day where if people are not vaccinated in medicals settings that they could lose their job. overall in that state hospitals, 84% of workers have received at least one dose and that's not the case everywhere. some counties are recording vaccination rates of anywhere between 66 to 65%. there could be shortages when it comes to surgeries under the procedures and as a result of that governor kathy hochul is counting on members of the national guard to stop hospitals as well as retired medical workers and professionals from other states. >> if i have to take steps to protect the people in terms of making sure i have replacements if necessary, i need to take those steps now. so i will be saying that today. >> the same mandate was supposed to go into effect for workers in new york city schools today and a federal judge this weekend blocking the city from enforcing a requirement. still, mayor bill de blasio was called on everyone in the educational field to roll up their sleeves to create a safer environment for kids, noting that 87% of the department of education members already has. >> 90% of teachers. 97% of principles leading the way, thank you to everyone who got vaccinated. >> a hearing will take place on wednesday morning to determine if this mandate legally can hold up in schools. sandra and john. >> alex hogan reporting live from new york city where the sirens add to the urgency at hand. >> john: all about being in new york city. the centers for disease control releasing new studies showing schools without mask mandates are more likely to have outbreaks. senior correspondent mike tobin with more on this. >> it was three studies that came out of the cdc's weekly morbidity or mortality report focusing as you mentioned on mask mandates and concluding the masks are indeed inhibiting the spread of the virus and schools are staying open. one of the studies focused on arizona. the county is representing the population and schools without mask for students were 3.5 more times likely to see a covert outbreak than schools that had amassed mandate for students of staff. another study looked at the impact on community surrounding the school district and it determined that counties with mask requirements saw fewer pediatric covid cases, roughly half as many. 16 out of 100000 compared to roughly 35 out of a 100,000 in counties that mask requirements. the third study determined that with all the precautions, most schools have stayed open. students and their families remain safe. >> we know how to keep them safe and when they don't use the proper mitigation strategies they are more likely to have outbreaks and have to close. >> now a lot of the studies focused largely on the masks, the cdc emphasizes that the vaccine is still the most important step to inhabiting the spread of the virus. you will hear the term layering which doesn't mean to masks, it is essentially means all of the above. the thing you've been bombarded with from hand washing to social distancing and a vaccination. >> john: and mike tobin, thank you. >> president biden: vaccine mandates are raising legal questions all over the country and it dozens of messages that state police or even not resigning because of these new rules. that's a serious problem. let's bring in fox news contributor and constitutional law expert jonathan turley. state employees and massachusetts must be vaccinated by october 17 and we have seen dozens of police resign as a result of that mandate. they were asking to delay it but a judge moved to not do that. so is this legal on the part of massachusetts? >> it likely is legal and the results in court are fairly uniform. courts of said uniforms can oppose these mandates and it's not surprising because the cdc is putting its weight behind the mandates so the judge is not going to second-guess the cdc. so they can expect a tough time in court. the problem with the red line of these dates is that a lot of people are crossing them. if you play chicken you have to be prepared that some people are not going to jump out of the car and that appears to be the case. i talked to a leading doctor yesterday on the east coast and he said that at his hospital they have 20% of doctors and nurses in the workforce that have not been vaccinated and are not expected to be vaccinated and they are really alarmed because they cannot have 20% of their workforce fired and they are not sure what they are supposed to do. we are seeing that across the board. in the army, the military, a lot of people are not returning to work and a lot of people are retiring. so this is turning into a very serious problem because of these redline dates. legally, they could certainly require these vaccinations as a condition for employment, according now to a number of federal courts. >> sandra: some of the words of that massachusetts is judges ruling on the vaccine mandate, this is judge jackie callan, the public is exceptionally best served by stopping the spread of the virus in order to protect people from becoming ill and curtail the emergence of a new deadlier variance of the virus. now to what's happening in our nation's classrooms. obviously we've run into a lot of issues they are this is the united federation of teachers. this is a form for a new york city school teachers and they are now asking you to please use this particular form as a post to their website to document any issues that teachers see in their classrooms related to these new quarantine guidelines including situations where students are seated with less than 3 feet of distance. you may submit photos and/or describe interactions with the d.o.e.s test and trace investigators. so what are we doing here and what is the harm in pushing our teachers in our classrooms to do this? >> well you know this really does create a new and damaging element in relationship to tween teachers on their students, if we are expected to police these guidelines. restaurants have complained about the same thing saying they're having a lot of encounters including violent encounters as they try to enforce this and part of the difficulty is also that we have different levels of vaccination. we have black lives matter figures recently called the mandate racist because the percentage of vaccinated people in some minority groups are lower, but you also have other groups that are objecting. this includes people that have had covid and have unnatural antibodies. we have a number of lawsuits in the courts where people are saying, look. i have doctors telling me that i have natural antibodies and i don't have to run any risk or get the vaccine and you have others that have religious objections. those types of cases are getting some traction so you have to watch those subgroups as they move in to those groups, and you certainly have to accommodate religious objection. >> sandra: at the mayor decided there was no reason for students in new york city at two quarantine when there is a positive case in their classroom as long as those students at the time were probably mask and 3p feet apart. so if there are pictures or evidence that those kids are not 3 feet apart than they would have to quarantine. that is an interesting world that we live in in this moment. it's just hard to believe that you have teachers put in the position then and perhaps wanting to do this, and photo evidence in their classroom and someone that's two and a half feet apart and set of three, keep that photo in case there's a positive test. >> john: i could see for contact tracing and things like that it could be beneficial but if it's used to seeing people than that's really crossing the line. coming up next, the hunt for gabby and petito's fiance and big question as to whether he's even in the florida swamp where all those teams have been searching for days for him. >> from the beginning i did not think brian laundrie was in a 25,000-acre swamp, because of one thing. mama ain't crying. if someone told me one of my children were out in the swamp trying to commit suicide, i would be out there on a skiff screaming john, david, lucy, where are you? that's not happening. built for small business. high thryv! ow. get a free demo at thryv.com. ready to turn your dreams into plans and your actions into achievements? ow. explore over 75 programs and four-week classes at national university. your future starts today at nu.edu. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ♪ ♪ >> sandra: the justice department who likes of the man who shot four people in nearly assassinated president reagan deserves to be a free man. john hinckley jr. will be released unconditionally next june if he remains mentally stable. he spent decades confined to a mental hospital after the shooting in 1981. he was granted supervised release to his mother's home. now the idea that he will be totally free outrage of some of reagan's friends and advisors, some of them still angry that hinckley was never even convicted of a crime. >> he had a millionaire father who could hire the best lawyers and they found him guilty by insanity and will be monitored for life. at the end of the day, this is a man who tried to murder president reagan. >> sandra: he recently moved out of his mother's house and she died in july. >> john: he nearly killed president reagan and certainly affected james brady for the rest of his life and i could see why there was outrage that he's getting out. the hunt for gabby petito's boyfriend entering another week as one rancher tells fox that there is no surviving the swamp where the teams are searching because of all the alligators and snakes. more on that in just a moment. it comes as fox news has learned exclusively that gabby potato's body has not yet been released by the fbi and there is also on the date set for when her remains will be returned to her family. for more on the case, let's bring an fbi investigator bill daley. to that point, what would be the reason that the fbi is holding onto the remains of gabby and petito instead of returning them to our family? >> it has to do with the forensics, it has to do with examining and more information that may come about during the course of this investigation. and that i may be used to more discovery so it is a matter of this investigation. we believe that will conclude the investigation. >> john: we believe the medical examiner has determined the cause of death, we note the manner of death was homicide but why has that not been released yet? >> again john, it's part of keeping the investigation as confidential as you can end this has obviously been a very noteworthy investigation. we have armchair investigators and all others looking into this and without polluting the investigative trail and making sure that we don't release any of the information and further twisting and manipulating perhaps in any way contradicted. >> john: a far be it from me to ask you to armchair quarterback this investigation but the fact that laundrie has not yet been named an official suspect, does not speak to a lack of evidence? >> at this particular point with regard to the death of gabby, yes. at the moment he's being charged with bank fraud because he used her debit card for a couple of transactions on his way back to florida and therefore there are arrest warrants issued for that as opposed to the actual involvement in any type of murder. it's interesting too, john, the fbi continues with both local authorities to look in the swamp area, but you don't know in this case, there are many odd twists and turns to this and family not been very forthcoming to begin with, that could also be a red herring i've always thought with regard to that swamp. >> john: there was some thought that he was on the appalachian trail and maybe when the family went on the camping trip, that he get dropped off somewhere where he could disappear into the wilderness in the wilderness where he it was infested with alligators and poisonous snakes. we focused on the bod and cam video from that august 12 traffic stop just outside of moab, utah. during a traffic stop when you watch the whole thing, the police are sort of looking at gabby as a perpetrator here because she was heading brian laundrie and they actually talked about maybe she would be charged with domestic violence and battery. but now we've learned from the dispatch that was given to those officers that went in effect at the traffic stop, they were made aware of the allegation that brian laundry was hitting her. let's listen to that tape. >> rp stating a male hit a female, domestic. he got into a white ford transit man that has a black letter on the back and florida plates. >> john: at the officers when they got there wanted to defuse the situation but i'm wondering if brian laundrie had been arrested and charged with domestic battery back then, cut this whole thing it turned out differently? >> john, you are right. the certain nexus point here would be if he was taken into custody and held it, it could have not resulted in death, we don't know again whether he is responsible for that. however we do know that the police were faced with both that statement, that you just play to come as well as the statement by another witness who said he didn't see any hitting going on. again, we don't know at which point that witness saw the events of that day. so when police went and actually pulled him over and confronted him, they spent about an hour speaking to him. apparently brian laundrie had scratches on his face and gabby was saying she was trying to defuse it and was crying. a typical situation when people may be under some type of domestic violence situation, they may do that. but the police i think did as best they could. there is investigation going on to clarify that in the state but i think they did their best to understand over an hour that they were with them, understand what happened. they took a path of saying, brian laundrie needs to go into a hotel and she needs to stay in the van and separate the kind of cool temps. >> john: it we don't know if they ever went to that hotel or if they got back together. >> sandra: the state department net price we are just getting word has announced he tested positive for covid-19. just wait it out after experiencing symptoms for the first time this morning company tested positive for covid-19 shortly thereafter and will not quarantine for the next ten days. i'm feeling under the weather but i'm grateful for the protection from severe illness offered by safe and effective vaccines. we obviously heard and saw a lot of net price during the afghanistan withdrawal and you won't see them now because he's in quarantine, john. but he is letting everybody know he tested positive and is experiencing symptoms and by his tweet one would gather that he is vaccinated so this would be a breakthrough case. >> john: under the breakthrough infection. but again, for people who are vaccinated, i don't want to say that they could be absolutely assured, but they could be comforted by the fact that the people who get these breakthrough infections don't get that sick. >> sandra: we wish him the best. >> john: a backlog in some of the country's busiest ports is creating supply chain disruptions which could mean shortages for customers shopping for halloween, christmas and beyond. ashley webb said are coming up with details. >> i will take it from here, the supply chain crunch already forcing stores like costco to limit purchases of toilet paper and cleaning supplies. nike says sales will be down this year because it's taking twice as long to have its products shipped from asia. so the question is what the heck is going on? simply put consumer demand has been surging, creating a wave of imports with it simply overwhelmed ports especially on the west coast. tens of thousands of containers are now stuck at the ports of long beach and los angeles while more than 60 cargo ships are currently stranded at sea nearby just waiting to come in and unload their cargo. the southern california terminals are absolutely key. but it's not just the volume that is closing problems. port operators, trucking companies, browse operations, railways and the retailers themselves are all struggling with a shortage of workers. it is estimated that for every 16 truckloads of goods that arrive there is just one truck available for transportation. the ports are being pushed now to operate around the clock every day of the week to try to help clear the backlog but the logistics are still being figured out. but a quick fix seems unlikely. so the best advice, start ordering early for the holidays or there will be a lot of empty space under the christmas tree this year. john, walmart is trying to hire 500 drivers at each of those will get a 12,000 by signing bonus and an average salary of $87,500. that's a pretty big incentive. we will see whether they can fill those positions. >> john: it is, i can't believe people are hoarding toilet paper again. great to see you. >> sandra: meanwhile in washington and the democrats are pushing to president biden's plan to reshape the entire social structure of the country by taxing and spending trillions of dollars. the proposed changes are so profound that analysts say that even if a small portion of the plan is an enacted it will have a transformative impact on everyday american life. let's bring in larry kudlow to talk about those changes that have been coming for quite some time. >> i got some news for my various moles up on the hill. so house budget committee met saturday and if they took all the bills from the committees, you know the energy committee in the health care committees and so forth, the finance committee, and put them altogether so there is a number, 4.3 trillion that is circulating. whether that has given x or not i don't know. these are things that are scored over ten years. 4.3 trillion. now this is just gossip. the chances of getting reconciliation bills done this week are probably zero. maybe i shouldn't say zero. the yankees took three from boston over the weekend, i would have thunk it. but they now have to go and negotiate with the senate side and have been told that the negotiations are going to be principally pelosi and schumer and mcconnell and joe manchin. that's what i'm told. i don't know if senator sinema will be involved and i don't know if the head of the senate budget committee will be involved. the point is, they can't bring up bill to the house floor for reconciliation because they are -- unless it's absently magic, immaculate conception all of a sudden, boom, there's a bill, they have so much to go through. just think of this point. 4.3 trillion is the new spending number and that joint tax committee priced out all the tax hikes at 2 trillion. president biden said there's no cost, we have it covered. now you have had an era in your life in finance and economics commodity, so you can check my math but 4.3 is higher than 2.0. the problem is a spending problem and not a tax problem. the latest data just came out, friberg, federal tax revenues as a share of the economy, the shared pdg, is now hitting 19.3%. that is virtually the highest since 1960. so that's 60 -- revenues are flowing in at current tax rates that include corporate tax cuts from the trump era at a record pace. i would say we have a spending problem. >> sandra: because our tax revenue is historically high. >> it's booming. the top 1% pay 41% of income taxes and the only or and 21% of income. so they are doubling it. the top 10% pay 70% of income taxes and they only earn 50. so i would say they are paying more than their fair share. now whether president biden owes the irs another 500 grand, i don't know. i will leave that up to the accountants. but i'm just saying we are awash in revenues. we do not need more. >> sandra: we are talking about spending more and taxing more. >> they don't even know what to do with it. even these crazy big government socialist programs, they won't even be able to spend this money. pardon me, i'm sorry, i forgot the infrastructure bill which is another trillion and spending with a deficit of 250 billion. >> sandra: you're talking about so much spending you are running us right out of time the show at larry kudlow. >> is an endless process. all i can say is, save america, kill the bill. this should be done in the open. these markups in the back room -- >> sandra: we are out of showtime. you want more of larry kudlow, 4:00 in the fox business network. spin on it you know what i loved most about this? the part that i really loved was larry set up oh, i forgot about the $1.2 trillion. [laughs] is not where we are? >> sandra: thanks for >> martha: thanks, guys. good to see everybody. good afternoon for a monday. i'm martha maccallum in new york. this is the big story of this week. it is a very important week for president joe biden. >> [question inaudible] >> victory is what is at stake. >> so can he thread the needle on this enormous spending package that larry kudlow was just talking about? $4 trillion. some say 5.5

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