launching an effort to combat threats against school officials and teachers. some are calling it an attempt to bully concerned parents into silence. hunter biden's business back in the headlines. the latest question the white house is declining to answer. you are watching "fox and friends first" on tuesday morning. todd: the bill back better agenda hanging by a thread it is blaming fellow democrats and mitch mcconnell for that. >> jenkins in dc as the president gears up to take his pitch directly to the american people. >> the president taking bill back better on the road with the sales pitch directly to the american people today in michigan making the case the massive $3 trillion spending package won't cost anything despite members of his own party having a very different view. >> yes, there's going to be a cost which i'm not hiding there's not going to be a cost, there's going to be a cost that helps provide people with childcare. >> at the white house bricks territory jen psaki continued to defend the no-cost position. >> the cost is 0, are you admitting it does not cost 0? >> this is not going to cost the american public a dollar. the plan costs nothing for the american people who make less than 400,$000. >> this is the country barrels towards a historic default on the debt ceiling before an october 18th deadline which would threaten to lower the country's credit rating and raise inflation as even a democrat go it alone path seems unlikely at this moment. >> we can work that out. they shouldn't rule out anything. we just can't. we have other tools we can use and if we have to use the we should use them. >> as the president's agenda is held hostage by disagreements between moderates and progressives in the democratic party he is blaming republicans for refusing to come around on the debt ceiling. >> president biden: not only are republicans refusing to do their job but threatening to use their power to prevent us from doing our job, saving the economy from a catastrophic event. it is supercritical, dangerous and disgraceful. >> the shaming treatment doesn't appear to be working so far. senators on cotton says he's a hard know. we will see what republican james comeare has to say shortly. todd: it is clear based on what we've seen in the last 72 hours the left wing of the democratic party is becoming so unhinged the levelheaded members of the democratic party, think about what i said, those who normally wouldn't go together but that is the world we live in they are more or less accosting individuals who dare question this tax and spending planet president biden - resorting to what amounts to harassment. >> the specific examples, let's start with the latest, christensen always approached on a flight midflight. everyone was seated and a woman walks up to her holding her phone, take a look at what happened. >> to protect me and millions like me. >> what you're planning of coming from the bill back better plan, you want to cut climate priorities? >> the other example is cinema was approached in the bathroom as well. we can go ahead and pull that up and take a look in the bathroom if we have it, people followed her into the restroom. you can't make this up. you have people recording, they are doing this on purpose, regardless of your party when you are recording something on purpose and following someone literally into a better makes you wonder where you are today. those are two examples, the next one is joe manchin on his house vote and they are surrounding his house wanting to talk about what is going on. he's out there listening to what they have to say. this is personal space, nor and for these days. >> in a plane you are trapped, there is nowhere to go. you can't leave. whether it is a bathroom or on a plane these are koster's are preying on christian cinema when she is most vulnerable and is this what america is all about. >> the president was asked about this, listen to what he had to say. >> you think those tactics are crossing the line? >> i don't think they are appropriate tactics but it happens to everybody was the only people it doesn't happen to our people who have secret service standing around them. it is part of the process. >> i'm not a public figure like they are but at some point shouldn't you condemn this behavior on all sides? neil: made such a week answer, not surprising, if you look at social media yesterday his potentially illegal behavior was celebrated, we don't have -- care for the safety of the individuals involved, they felt she deserved this and that thread was so prominent throughout social media, the bathroom shenanigan is illegal under arizona law. what you saw on the plane could be illegal under federal aviation law if the pilot doesn't want that happening on the plane. the white house realized, jen psaki realized the air of president biden's ways and did some cleanup of the bathroom mess. >> the protection of the freedom to protest, to speak out and criticize is fundamental to our democracy, the president believe that. may be shorthanded but wanted to make that clear this morning. what happened this weekend was students and the safe and its which was stimulating environment she worked to create during her years teaching at asu were breached, that is an appropriate and acceptable. todd: why didn't president biden say that in the first place? to me this is the latest proof the left wing of our country is so committed to getting past their agendas that would fundamentally transform the nation which is an agenda the majority of americans do not want, that they will resort to any tactics, if they're willing to do this to two u.s. senate is what are they willing to do? >> our elected officials do work for all of us so you have the right to ask questions if you have questions, this is not the right way to go about it and the president or anyone can say regardless of party it is not cool to do this. i'm casually saying that but you could come out and say this is not okay regardless of party. todd: newt gingrich says these tactics are not doing democrats any favors. >> the totalitarian left which is what you are watching in that bathroom and what you are watching around senator manchin they are playing with fire. there are a lot more of us than there are of these radicals and if we ever decide to respond in kind they will be gone. big government socialists are desperate and that is what you are seeing, desperation which i think the rest of the country is beginning to react to and that is why you are getting chants and football stadiums and tell a day go. the average american is fed up with being browbeaten by left-wing radicals. >> as president biden faces criticism for failing to condemn harassment against members of his own party his attorney general is going after parents who protest critical race theory in public schools. >> jackie ibanez is here with that story. >> attorney general merrick garland is extracting the fbi and us attorneys office, with threats against school board officials releasing in a memorandum writing spirit a debate about policy matters is protected under the constitution that protection does not extend to threats of violence based on their views. this coming just four days after the national school board association asked the biden administrative and use the patriot act against parents who oppose critical race. the organization linking the process to domestic terrorism and hate crimes but allowed to become the epicenter of the cid war when barrett is refusing to back down, listen to this. >> i think there effort in their fear for being exposed. it is the parents that know what is going on. we are doing everything we can to get it out there by being on the media, trying to recall our school boards, we had to keep the pressure on because they want to silence us and we can't let them win at that. >> north carolina congressman dan bishop is calling out democrats all stated tweeting down writers and antifa destroy cities and threatened to burn it all to the ground if from won. fbi director ray and agee garland are silent each parent speaking up about the children being taught crt, labeled and domestic terrorists, truly sickening and indiana congressman jim binks rips into the biden administration tweeting they are pro-delavan anti-parents. the doj will train local school boards and administrators to report threatening conduct and capture evidence to aid in the prosecution process. >> thank you very much. for a republican lawmakers calling to pause the relocation of afghan refugees on us was basis. >> we learn some are walking away before receiving resettlement services. what is going on here? >> what is becoming abundantly clear is how poor the bidding process was in those flights during the chaotic withdrawal from afghanistan. it has emerged the majority of the afghans who flew out of not been properly vetted and many of those who were recently but beyond. to make matters worse is reported that over 700 of these afghan evacuees simply walked off their us bases. what and 50,000 is currently being housed at eight installations in the us with another 12,000 due to arrive soon from your. in response more than a dozen republican senators asked the biden administration to pause, stop the relocation of afghan refugees until they are fully vetted. in a letter they say the vetting should take place at safe locations abroad. vice president pence speaking to fox criticize the way this withdrawal was handled. >> we wanted to get our troops home but to do it with honor, in an orderly way and then you see this administration coming, made the date for the withdrawal beyond the spring and into the fighting season, incredibly -- encumbrance of leasing on september 11th, the idea that we abandoned bagram airbase in the middle of the night without telling our allies, and worst of all that we left americans and american allies behind was unconscionable. >> there is some glimmer of hope, that small pocket of resistance released a statement saying they were still continuing to fight, the taliban had not been victorious against them and they will continue to do so as long as there's one of them standing. >> senior legal advisor to the state department resigning in protest of president biden's use a title 42 saying that from your a policy which allows officials to deport migrants during public health emergencies is according to him illegal and inhumane. he will stay with the department in a consulting role. he served under president obama and clinton. >> doctor anthony fauci is backtracking after saying it is too soon for americans together in person for christmas. >> that was misinterpreted as my saying we can't spend christmas with our families, that was not the case. i will be spending christmas with my family and encourage people particularly vaccinated people who are protected to have a good normal christmas with your family. >> the cdc encouraging americans to celebrate the holiday virtually without the gatherings to reduce the spread of covid 19. >> do not mess with todd piro's christmas. bubble wallace making history at talladega winning a nascar playoff race, the first african-american to win since 1963. watch this headed into victory lane. bubba's first win in the cup series and the first for the racing team launched by denny hamlin. >> william shatner is one week from blasting off into space on board. origins. jeff bezos confirming the 90-year-old will be on for the october 12th light. >> star trek's captain kirk calling it a miracle, his journey will last 11 minutes as he soars past the internationally recognized boundary of space. that is perfect. >> you are going. >> i want to go. >> make it happen. 14 after the hour, the biden administration wants to talk about trade deals with china but what about the business deal between a chinese firm and hunter. >> to let the american people know if hunter -- >> i have to move on. you should talk to his representative. >> we get live reaction to the exchange, joe concha, joey jones and stuart varney all coming up on "fox and friends first". ♪♪ highway to hell ♪♪ highway to hell ♪♪ this halloween, xfinity rewards is offering up some spooky-good perks. like the chance to win a universal parks & resorts trip to hollywood or orlando to attend halloween horror nights. or xfinity rewards members, get the inside scoop on halloween kills. just say "watch with" into your voice remote october 5th at 8pm to join a special live stream with star jamie lee curtis. a q&a with me! join for free on the xfinity app. our thanks your rewards. >> close the deal on 99% of my party. two people, it is still underway. >> why mcconnell off the hook or republicans off the hook? this is their debt the republican spent like drunken sailors over the past four years before president biden took office? >> president biden pointing republicans and moderate democrats as his legislative agenda hangs in the balance. >> you to react is james comeer. there is a point to be made the national debt rose by $8 trillion in the last four years, that is what we were dealing with the last four years, what does it say today when there's this blame game back and forth with democrats blaming republicans, yet you have two democrats or holdouts who say we don't want to add this much to our debt? >> i didn't hear any democrats complaining about the massive spending that occurred over the last four years, now despite the fact the president biden pledged to be bipartisan ever since taking office president biden and the democrat majority in the senate and house have not tried to work with republicans any, once they fall into a roadblock where two senators book their agenda now they are pointing fingers and blaming republicans which is nonsense which is president biden wanted to be bipartisan and wanted to have republican support he should have started on day one, he didn't start even until the last moment when his agenda failed, now he's blaming republicans. >> speaking of not being bipartisan listen to this language, biden calling republicans disgraceful and hypocritical for not caving on the detailing. is president biden going to gaslight his way through the next three years? >> i have no idea. watching president biden govern as been a disappointment, it is been a debacle from afghanistan to legos border security. everything president biden has tried to do he has failed in which every major policy when you look at anything from his energy policy to spending and passing is agenda, he has come up short and for president biden 2 point fingers at republicans is wrong because president biden has failed to try to work with any house republicans and the only time he worked with senate republicans was with a handful of moderate republicans who went over and they made a deal on the infrastructure bill and as they were leaving the white house president biden renting done that deal and sit in addition to the infrastructure bill we are also going to pass this $3 trillion budget reconciliation. that wasn't discussed with those are senators so president biden is completely wrong when he tries to blame republicans for any of his feelings. >> let's talk about hunter biden because jen psaki was asked about whether hunter biden has the vested from chinese private equity firms, listen to what she had to say. >> to let the american people know if hunter has done that? >> i will have to move on. you should talk to his representatives, there's no reason to yell, i'm not yelling, you should talk to his representatives. >> why are we not getting answers about the situation? >> there are so many questions with hunter biden, every question of ethics revolves around the foreign national. it is obvious then candidate biden pledged to provide any and all of his and his family's international callings, the fact that jen psaki couldn't say hunter biden to vested his stake tells me he probably still owns it. the law applies to everyone but hunter biden hunter biden's mind and between the ownership of this chinese company and his art dealings that we believe are going to china, the fact the administration won't disclose the source they would have a problem with our son is just another example of failed leadership. if this had been the trump family a can't imagine what democrats in congress and the liberal media would be doing right now. hunter biden has continued more unethical behavior with foreign nationals than any family member in the history of the presidency and we've got to do something about this. that's why house republicans are investigating everything hunter biden is doing with respect to foreign nationals because it is illegal, it is unethical and creates a situation where president biden could become for my. >> also, not so sure the reporter was yelling, if you want to know what yelling is ask chilean who's yelling at me every single day. james comeer, thank you so much. jillian: 24 after the hour, twitter missed with the wrong soldier, veteran and senate candidate fighting for free speech after twitter suspended his account. >> unvaccinated first responders in the nations capital trying to get religious exemptions including our next guest is calling out the attack. choose stamps.com to mail and ship? no more trips to the post office no more paying full price for postage and great rates from usps and ups mail letters ship packages anytime anywhere for less a lot less get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again jillian: a new report reveals china pumped money into increased coronavirus testing months before acknowledging covid 19. the report shows china spend three times more in 2019 then the previous year concluding it was in wuhan as early as summer of 2019, china does not acknowledge the impending global crisis until december of that year. the medical experts pushing back saying china could have increased spending for other pathogens, not just covid 19 was the biden ministration and really knew biden's for federal workers before its mandate takes effect. under the exempt and request they must receive their first shot within two weeks. the administration instructing agencies to show consideration to pregnant women. employee seeking exemptions heaven to live ever 20 second. demonstrators are gathering coast-to-coast protesting the firings of those who refuse to follow vaccine mandates already in effect. north well health firing 1400 employees last week. laura: the fight against vaccine mandates raging across the us and as exempt and request hang in the balance thousands of healthcare workers in our nations capital are refusing to roll up their sleeves, the dc health department reported 2500 health workers missed thursday's deadline to get one dose of the shot. you to discuss unvaccinated dc firefighter will jones and attorney aaron siri. thanks for being here. why is this fight so important to you that you are willing to risk so much? >> i don't represent the dc fire debarment or our union or any organization. i represent i'm one of the organizers of firefighters in dc opposed to the vaccine mandate and i want to emphasize we are opposed to the mandate, not the vaccine, the official research that the vaccine is safe and effective and we encourage anyone who wants to get it to get it especially if you are at high risk but we oppose the mandate and are pushing back because it is reckless and dangerous and it will endanger the entire city, they will fire every firefighter and healthcare worker that is not vaccinated the impact that will have on her ability to effectively and quickly extinguish fires, to respond to medical emergencies instead of being there in five minutes we are thinking 15 minutes or more these things will impact the entire city and it is crazy because we have been safely responding of called heroes for the past 18 months, safely responding to every emergency in the city and all of a sudden it is as if somehow we are going to be putting people at risk and i might add everyone that has put in an exemption whether religious or other is testing negative before assuming duty so i understand 100% we don't want firefighters spreading the vaccine, the coronavirus to anyone, that is understandable, we share that concern, we don't want to endanger anyone we are serving but we are bringing negative test, pushing back against the so high because it is going to endanger the entire city if we lose a couple hundred firefighters it will take years to replace and it is an incredibly reckless decision if they move forward with that to fire individuals that have not been vaccinated even though we are providing negative tests and responded safely for the past 18 months. >> if this ever got to trial you might have will to the opening statement because that was the perfect summary of the new york position but from a legal perspective why do governments feel increasingly emboldened to trample on religious freedoms like this? >> they believe they have a vaccine that is going to bring a end to this pandemic and they believe on that basis they can trample individual rights but what they are ignoring is the data shows this vaccine can reduce symptoms which is great but what the data also shows and the cdc has now confirmed including the director of the cdc on cnn the other day is this vaccine cannot stop infection and transmission. numerous studies have shown that including the cdc's own study in massachusetts not only does it not stop infection and transmission it also does not reduce the viral load in those vaccinated that do get infected and the massachusetts study shows those who are vaccinated get infected at the same rate as those who are unvaccinated. the difference being those who are vaccinated have less symptoms so they don't know to stay home. they are still interacting with the public as folks presumably in the study the cdc in massachusetts found who were carrying the virus, who were fully vaccinated but had reduced symptoms. on the other hand those who were vaccinated, are more likely to end they will know to stay home so there are many health interventions the government may want to encourage, encourage to take your drugs or to eat healthy, exercise but we don't fire people for not engaging in a practice that only benefits them, that is simply authoritarian and shows lack of respect for individual rights. >> where we are in our society it is not just in dc but this is a pattern we are seeing all through the country, please come back, let us know how the situation plays out because the nation is watching, thanks for your time. >> it is 35 after the hour, the biden administration sends an open invitation to migrants with a rope and border policies, hundreds of thousands of taken them up on it. border counties like del rio, texas, our next guest is lived there for 20 years and says picking up the president's slack. jillian: 15,000 mostly haitian migrants recent crossed the border gathering into the del rio international bridge, pleading with the biden administration to end the chaos is migrants are was the way to communities across the us. 20 year w resident b of alejo joined me now. i want to pull up some information according to the mayor of doria that says while that was going on and that bridge was closed, 17,$000 was lost per day and 300 kids could not get to school because they couldn't cross where they needed to go. how did this personal impact you? >> thank you for having me. one of the things that happened is these people, the federal government was using tax dollars, giving money to the ngos and these ngos are bringing these people over here but when they come here, they expect us to take care of them. this whole time they been receiving federal funds to do this and bring them here and they come here and just leave them there and a lot of times they are supplying money to ride the buses or to fly into different areas, and some of us have to pay for the buses and that comes from money that has been donated into the united nations and these charities bring them in and leave them and expect us to take care of them. there was no way we could take care of 17,000 immigrants all in one area. they could get together and make sandwiches and rest themselves down to provide something but there was no way our low taxes could pick up all the stuff. we don't have places available to help them. >> sorry to interrupt, i thought your finished. the images from the drone th we captured from that bridge, seeing those thousands of people underneath it is truly devastating scene the conditions, the amount of people. have you ever seen that amount of people gathered like that in that area before? >> know, but the interesting thing is why they were gathering when they have a river to cross, the border is long, they are crossing in different areas was what made them stay under the bridge? why would they concentrate one area? they had a little bridge they could cross. there were too many of them. i'm surprised they were able to be contained there. but people going back and forth, that border is wide open, nobody stopping anything. jillian: what do you want the president to know? >> we need him to take control of this. to take up and use them. only threats are deported. really. how many people can we afford to keep in the united states? we are being taxed and we have to supply, it is not fair on us. we are never done with these people, too many refugees coming into the state of texas, we don't have the money. we are running out of our funds because we are being taxed on everything, prices on everything going up and we are doing nothing. >> thank you for joining us this morning and giving us your take on this and keep us updated on the situation, thank you. todd: former biden border official chief sounding the alarm about the terror threat the open southern border posts. >> a man with decades of experience exclusively telling fox news. carley: for border patrol chief rodney scott said the red baron revealed the threat from illegal immigration is real and maybe bigger than you think. >> statistically it always includes rapists, murderers, potential terrorists every year if you look at cbt statistics publicly available is all exists in who actually catch so to think there's not just as bad or worse people and those getting away would be naïve. >> border patrol arrested two men from yemen on the terror watch list in separate incidents, agents say one of the biggest problems is they are so busy processing people they don't have time to patrol the southern border. in august there were only 12 border patrol agents patrolling a 245 mile stretch of the southern border. if you want to catch the interview between bret baer and rodney you can tonight, tomorrow, 2-part series. >> outcomes will people do all that? a new twist in the brian laundrie case? >> so many questions around brian laundrie, his whereabouts. the rift between the laundrie family is becoming quite evident. take a listen to brian's sister kathy talking to protesters protesting outside her house and she says she's is confused about her parents behavior as everyone else. >> you think they are involved? >> i don't know. >> your parents are not talking to you. >> the lawyers have not. we don't have a lawyer and have nothing to hide. my parents crudely over. i'm livid and not speaking to anybody. she's done. jillian: she tried to clear up confusion over this comment you may remember she made on september seventeenth 2 good morning america. >> i haven't been able to talk to him. i wish i could talk to him. >> last week it was revealed she did see her brother on september 1st and september 6th, was she lying when she talked to good morning america, she said the media misconstrued her comment, trying to figure out her perspective on this how the media could have misconstrued that comment she is sticking to it and clearly angry with her parents and her parents attorney. >> shocking you are the lawyer, that the parents attorney said don't talk to your child? >> know privilege with regard to the daughter and that is where the problem lies, the lawyer wants to keep you from saying anything that could be an admission to the daughter. >> your daughter, what a messy situation. unbelievable and protesters screaming outside her house, she tried to calm the situation down. what she ended up doing, she talked to them and said her whole story is i know nothing, i didn't see my brother september 1st, september 6th but when i was talking to good morning america i didn't actually need what everybody thought i meant with that comment. >> i believe her. >> i will wait to pass judgment. i know what you mean, she doesn't come across as credible and i agree with you too. what can you do? >> young lady is no longer with us. still to come facebook experiencing a massive out -- outage. we did survive this and testimony from a whistleblower behind a probably documents. what we can expect next. the supreme court takes the bench with some explosive cases on the docket. we are breaking it down just ahead. do you struggle to fall asleep and stay asleep? qunol sleep formula combines 5 key nutrients that can help you fall asleep faster, stay asleep longer, and wake up refreshed. the brand i trust is qunol. todd: back on the bench, allies on supreme court conservative as the new term kicks off of hot button issues. former law clerk for justice clarence thomas. thanks for being here, so many big issues, let's begin with abortion. is this the term that roe v wade gets overturned? >> only fine will tell. it is a possibility but another possibility, the court decides to use the existing framework from a case called casey and uphold the mississippi statute so we have to wait and see on that one. that is a big and shallot for the term. todd: as we go through this, mississippi is the case to watch, the texas case gets a lot of attention, sex a lot of the air out of the room but the mississippi case is the one to watch for. let's switch to gun-control. over the course of my lifetime the court has notoriously punted on gun control. does that trend to continue or does the court use the concealed carry challenge in new york to do something major here? >> you are right the court hasn't taken gun-control cases. i think we will learn more about what the court thinks about the second amendment and what has to work in deciding second amendment claims. it will be significant. todd: is there anything in the previous writings of various justices specifically in the conservative majority that leads you one way or another on that? >> justice barrett heard a case when she was on circuit court and she adopted what was somewhat protective of second amendment rights. i expect the court -- new york cannot essentially ban people from carrying firearms outside the home but to keep and bear arms, to keep them, to actually have them in your position when you are outside. todd: religious liberty in the news a lot because of the vaccine mandates and all they bring about a lot of those vaccine mandate cases were not going before the court. big picture. what do you expect from the court on the whole when it comes to religious liberty? >> we might see more of these quick cases come to the court but there's also a case where maine refuses to allow parents to use elementary or secondary school routers in religious schools and the court took that case last year and might hold states can't refuse to fund the education that they are funding private education generally. >> national security issues, capital punishment, what will happen? the court will let us know in many months down the line because the supreme court did not do anything. pick up a copy of sigh's book the living presidency. >> >> and in california,. and a winning ticket, one of them in virginia, florida and arizona. >> andrew yang breaks free from the democratic party, it is the right thing to do. >> we will see what conger thinks about that and joey jones and the goat. i will call him the goat. they are joining us live. why do nearly one million businesses choose stamps.com to mail and ship? no more trips to the post office no more paying full price for postage and great rates from usps and ups mail letters ship packages anytime anywhere for less a lot less get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again >> citizenship to protect me and millions like me. jillian: it is october 5th activists deploy more aggressive tactics against moderate democrats standing in the way of president biden's tax and spending plan. the commander-in-chief says this is part of politics. todd: president biden's justice department combating so-called threats with schoolteachers and teachers calling in an attempt to be concerned parent into silence. jillian: hunter biden's business back in the headlines, the latest question the white house is declining to answer. todd: what if it is not in the headlines? jillian: l