welcome. i'm charles payne in for neil cavuto. this is "your world" to peter doocy at the white house with the latest. peter? >> this all fits together. the white house wants a transformational human infrastructure package worth several trillion dollars at the same time that the supply chains are all backed up. a few minutes ago, i asked in the briefing room how it's all going to work. >> president biden does not want to raise taxes on anyone making less than $400,000 a year. but there's a new fox poll that finds 83% of registered voters are noticing bills for groceries and everyday items increasing. how is that any difference than a new tax? >> you know, we are dealing with a historic and evolving pandemic that is impacting our economy. we have seen it for the past 1 1/2 years. that's what people have been dealing with. it's having an outside impact on our global supply chain, this is why we're trying to pass the president's domestic economic policy. >> behind the scenes democrats are trying to figure out what exactly can fit into a package roughly $2 trillion in size. they claim like she did there that nobody is going to -- nobody making under $400,000 a year will see a nickel in new taxes. republicans doubt that that is possible without mitch mcconnell going so far to say he thinks this is all about getting people hooked on government programs. >> if the game is to shrink the cost, start a lot of programs and claim that it doesn't really cost that much because they expire in a year or two and the goal, of course, is that they all become so popular that we get them forever. >> a lot of what president biden has said about the negotiations is happening off camera. something that the president said about the backdrop of this process earlier today is very profound. >> the progress does not come fast enough. it never has. the process of governing is frustrating and sometimes disspiriting. >> we have been hearing that tomorrow a frame work for how many trillions of dollars democrats want to spend, what the money will go wards could be ready. but it doesn't sound like that will happen at this point. charles? >> charles: thanks, peter. tax hikes to scrap, what will pay for this? let's ask gop strategist lauren tomlinson along with sarah norm man, a former adviser to kamala harris. lauren, where does it come from? we keep being told it's zero, that this will cost us nothing. adds nothing to the federal debt. now of course if you can't tax corporations, where does the money come from? >> well, any time you have a big spending bill like this and they say it's paid for, you have a few options in the budget to make that happen. you can reform entitlements and cut spending that way, you can cut federal programs and reduce overall budget of the united states or you can raise taxes or a final one, implement fees. there's a lot of small provisions within this bill as it currently stands that would result in tax increases for people under $400,000. things like tobacco hikes, additional taxes in various provisions that would result not in the big top line corporate tax hike but cuts that will impact the americans' budget at the end of the day and may not notice how much it creeps up. that's how we have to be careful when we look at this frame work that comes out. whatever negotiations the white house is having right now, it's not only what are those big numbers that they're going to be selling, but also what are the smaller provisions that will result in a lot of small tax hikes for the american people. >> charles: sarah, ronald reagan said once that -- with respect to government, it moves taxes. looks like now if it doesn't move taxes. we're hearing about buybacks being tacked. everything will be taxed. assets that are not necessarily put in the bank just yet. is there any limit to where this can go? >> yeah, i. >> to disagree with you a little bit. yes, it's correct that in one who makes below $400,000 will be taxed an extra nickel. it's more heavily people way above $400,000. remember, billionaires have made trillions of dollars during the pandemic while the rest of america has been suffering. we should tax them higher. i'm not sure if everything that biden wants in the tax bill will be passed. it will help this country not just, you know, what was said earlier about social welfare programs, but everything else that we need to pay for, including our debt. >> charles: you do realize at this very moment we're cashing in on record amounteds of revenue nor the federal government with the current tax system. we're setting records every quarter. massive amounts flowing in. why not leave it where it is? >> i can ask you. you think income and equality is fair in america? is this the best that we can do? >> you ask a question. i don't want to digress too much. i'll answer it. income and equality is off in blue cities and blue states where you have a lot of taxes and a loot of regulations and poor educations. so yeah, i think that's an issue but i don't think the tax policy can change that. our education system could and lower taxes where every 1 has a chance to start a business and succeed. by the wayed, if i'm the first person in my family to have a legitimate shot at making money, don't take it from my when i die so my heirs have to start from scratch. let's go to another answer. another thing for you. you'll love it. a new poll i saw today. by the wayed, it's from a liberal college. 52% of americans say democracy is facing a major threat. so again, let me start with you, lauren. what do you think? to me this is a mind boggling thing. it's from a 150-year-old liberal college. they do this great work. it says to me that americans are concerned about where this country is going. >> yeah, absolutely concerned. tracks closely with another pugh study that they release every year that says the same thing. americans have been slowly losing faith in federal officials and our federal government for the last 70 years really. ever since jimmy carter. it's a disturbing trend because you can't have democracy without trust in the system. trust in democracy and the fact that the federal government can come together and solve big problems. so i think it's concerning. i also any it's concerning that people have lost so much faith in the news media. that is something to address as well. people's faith in the information that they're getting is true. that's something that we have to come together and work on as a society. >> charles: i'll say another thing. sarah, the ladder word buts to this one in, too. the thing they say people should be absolutely free to do, you know what was number 1? become wealthy. so where is this country going? people want to become wealthy, they don't hate the rich. they're distrustful of government. >> yes. our country is super distrustful of government. the poll said 7% of americans have high levels of trust in the federal government makes complete sense. that was republicans entire plan. trump lost and spent the next year whining like a kid on the playground. i didn't lose. it was unfair. don't trust it. it's a self-fulfilling prophecy. if you hear it enough, you have your doubts. no surprise that this is trending with less trust in our federal government. i agree, we absolutely need to address this. >> charles: we have to get to washington d.c. with some major news. now president biden has a chance to fix that. so far it's not so well. thanks very much. again, folks, right now the house voting to hold steve bannon to criminal contempt of congress. bannon refusing to comply with the subpoena to appear before the january 6th committee. chad pergram is following this story on capitol hill and he joins us now. chad? >> good afternoon. well, the vote is still open right now. the house in essence has voted to hold steve bannon in contempt of congress. the vote right now is 228 yays to 222 nos. nine republicans that voted with the democrats to hold steve bannon in contempt. a congressional contempt resolution goes to the doj. listen. >> if the house of representatives vote to refer criminal contempt matter to the department, we will review it and act according to the law and the facts as principals of prosecution require. >> congressional power enforcing subpoenas are limited. congress could compel conditionses to testify via something called inherent contempt. congress used to enforce subpoenas on their own. >> there's not a lot of stomach in congress to try to haul -- send out the sergeant of arms, arrest steve bannon and bring him to the house and throw him in jail. where would you throw him? >> the gop says democrats are focused on the wrong things. >> a legitimate legislative purpose would be issuing subpoenas to the leaders of the d.c. national guard and sergeant at arms. i'm deeply concerned about the precedent being set here today by the majority yet again embarking on another investigation in search of a crime. >> so far nine gop members have voted to hold steve bannon in contempt. those republicans may be those that supported the creation of the 1-6 committee and voted to impeach president trump earlier this year. charles? >> charles: thanks. attorney general merrick garland is in the hot seat today in washington. lawmakers going after the multiple controversies the doj is facing. let's say they have plenty of sparks and they were flying. >> this memorandum is aimed at violence and threats of violence. >> i understand you're talking point. you're not answering my question. with all due respect, will you submit to an ethics review of this matter? yes or no. i wonder how the firm's doing without its fearless leader. you sure you want to leave that all behind? yeah. stay restless with the rx. crafted by lexus. experience amazing at your lexus dealer. i've spent centuries evolving with the world. crafted by lexus. that's the nature of being the economy. observing investors choose assets to balance risk and reward. with one element securing portfolios, time after time. gold. agile and liquid. a proven protector. an ever-evolving enabler of bold decisions. an asset more relevant than ever before. gold. your strategic advantage. thanks for coming. now when it comes to a financial plan this broker is your man. let's open your binders to page 188... uh carl, are there different planning options in here? 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>> charles, you know this hearing went on for four hours. it took ten minutes or so before republicans and democrats began arguing in public about playing a video that republicans wanted to show dealing with school boards. it's about this october 4th memo put out by attorney general merrick garland to the fbi the to other law enforcement agencies. it directed the fbi, charles, to investigate threating to school board employees and others. many parents have worried they're being labelled as domestic terrorists. republicans said the patriot october is being used in the aftermath of the capitol attacks. now he said parent don't worry unless you get violent or threaten somebody. listen. >> the justice department supports the first amendment rights of parents to complain as much as they want about the curriculum taught in the schools on the education of their children. that's not what the memorandum is about. nor does it use patriot act or domestic terrorism. i can't imagine where the patriot act would be used in the circumstances of parents complaining about their children nor can i imagine the circumstance where they would be labelled as domestic terrorism. >> charles, the memo does use the phrase "other forms of intimidation of harassment." it does not give a definition there. the doj's message including top law enforcement officer here, parents, don't worry. if there's violence, law enforcement may get involved. >> charles: another thing add today's issue, the border. take a listen. >> it's a federal crime to cross the border outside of a port of enfry. >> yes, sir, it's a misdemeanor. >> your job is to prosecute federal crimes. so how many of the 1.7 million -- >> the justice department -- >> how many are you prosecute something. >> i don't know the answer to that. >> charles: that question coming from my next guest, california republican congressman tom mcclintock. it's been some time since you asked that question. did they get back to you with an answer yet? >> no. i suspect the reason is because they're not prosecuting the 1.7 million that illegally crossed the border. it's a misdemeanor to cross outside of a port of entry but it's a felony to cross after you've been deported. i don't think they're prosecuting any of that. the fact of the matter is he doesn't know and doesn't care. that's what i find particularly galling, particularly after the news of yesterday where we now have had more illegal crossings this year than in the entire history of our country. >> charles: of course, if they're not going to be prosecuted, people -- it's a deterrent, right? that's what it's about. if that's not a deterrent, it's equivalent of putting up a welcome mat and a welcome sign. >> if you don't enforce your immigration laws, you have no borders. if you have no borders, you no longer have a country. we become a vast international territory with candy and mexico, which both have immigration laws that they enforce. >> charles: it was obviously a pretty passionate is hearing to say the least. what are some of the other things, the more important issues that folks that didn't get a chance to watch need to understand? >> he knew nothing about the storming of the washington interior department or the loudoun county father that asked about the rape of his daughter. he nothing nothing about prosecutions for i'll ely crossing the border or hiring illegal aliens or overstaying visas. it reminded me of sergeant schultz that kept himself out of trouble by being sure that he knew nothing about anything. that was the impression that i got from this guy. i think it was disingenuous to say the least. >> charles: i'm chuckling even though it's not a laughing matter even with this thing about the parents and their kids and being taught and the memo that went out. i like the word that he used vociferously with respect to people having these rights. it's nebulous to a degree. the memo was up for interpretation. you can conflate parental concern and turn those parents and suggest that maybe a passionate concern, someone else may say i was threatened or felt threatened by that. that can trigger a lot of things. why does the doj weigh-in on this in the first place? >> nor the same reason that the irs under obama went after the tea party ten years ago. to intimidate people from joining in, to chill speech that they don't agree with. here's the basic problem. the attorney general says don't worry. we're talking about violence and the threat of violence. the parents i've talked to are concerned that if they go to a school board meeting and a fight breaks out, sudden will in the middle of the night they'll got a knock on the door from the fbi or see their house surrounded by a swat team. that has happened with a lot of folks that came to washington january 6 just to hear the president speak. now been hunted down because a group decided to break into the capitol building. >> charles: we're tight on time. breaking news. the vote on holding steve bannon in contempt. your thoughts on that. >> well, congress' authority to subpoena is -- there's no check on it. if any other subpoena, a prosecutor has to go to court, show probable cause to believe that a crime has occurred, then they get the subpoena. congress doesn't have that sort of a check. that's why it's investigatory powers are limited. it's limited to oversee the operations of federal agencies, the authority to investigate matters to inform their own legislative powers. the courts have ruled that congress has no authority to investigate criminal matters or to investigate just for the sake of investigating to find out who did what to whom. that's what the members have said they're doing. i'm sure it will be thrown out in the courts. >> charles: thanks, representative. in and out, we've got a beef with vaccine mandates. the iconic burger chain says they're fired up and we have the dish coming up. and a ship still hitting the fan in america's log jam ports. doesn't william la jeunesse know it. he's coming up. 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seems like a logical choice. >> absolutely. that's what we're trying to tell everybody, that florida can be your pier to the world. investments that governor desantis and certainly secretary of our transportation, kevin tebow and our port leadership have made in this state, we're ready to handle a lot of those containers that can come through here in the state of florida. not only hit the third largest domestic market in the country but within one to two days, you can move the car go into the midwest and upper midwest areas. we're ready. we're the better location than stuffing everything through california. >> charles: we're hearing the ships have been docked outside the california coast. a longest trip than normal. what are the obstacles right now? i'd suspect you have political obstacles and maybe infrastructure obstacles and things like that. >> well, there's long-term contracts over there. we're trying to get them to change not only those contracts but their mindset. you're correct. they're used to taking the short route from asia to california. it doesn't work so well when the short route means you're sitting off the coast for three weeks to a month now. it will take you seven days if you're going through the panama canal. there's shipping lanes going through the suez canal to bring product to florida. so it's a little political but it's about changing the mindset and instead using the old route you may have been using since the 70s, look at a new option. look at florida. we've been building the capacity here and we certainly have as the governor put it tuesday, not only are the ports ready to work, we have trucking companies, labor and we have terminal operators out there, some that moved over. so it's a different business climate in florida. we're willing to work with you to move your product to its final location. >> charles: earlier this year, there was a bidding war for kansas city southern, the rail. they had the -- they go to mexico and panama. everybody wanted a piece of that action. that's where it all is. just tells us that things have shifted. you do have some action moving to some other ports outside of california. i look now, you have the port of tampa, the port of jacksonville, the port of miami. so seems like it's a logical call. have you had anyone kick the tires yet? any major companies say, you know, we'll take a look at this? >> well, the governor made the announcement in jacksonville because on the outset, they were moving the european shipping lanes to florida for -- because of this crisis. port everglades got two major lines there. so we're seeing a kicking of tires. a good way to put it. we have to prove ourselves to those companies out there. you know, they have seen florida as the end of the road back 10, 20, years ago. we're proving to them we're the beginning of the road. it's a matter of changing the mindset. you're right. it's a competitive market out there. but they need to look at it not only to bring product to florida if that's where you're going, but we can also provide that movement of the cargo to the midwest and the upper west area as well. >> charles: 30 seconds. let me just ask you one thing. the composition of business in this country, this port thing and also what happened with america during the covid crisis when we didn't have access to emergency items, feels like this is a great opportunity to build distribution centers, bring back manufacturing. that to me in an area like florida that is grows like crazy seems like an amazing part of your story. the entire infrastructure of this, from the ships to the warehouses to the distribution centers, just seems like a lay-up to me. you'll be very successful. >> we appreciate that. there's a history in florida, the international business market. i'm here in miami today, which is really been the center of international relations and businesses for the caribbean an latin america market. we agree. >> charles: good luck with it all. >> thanks, charles. >> charles: it's a golden opportunity for everyone. talk soon. meantime, democrats looking to lowter price tag and reach an agreement on a the social spending bill. will republicans be on board of $2 trillion? 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if you want to be bold, you have to go off-script. not with olay retinol body wash. which improves skin 3x better. from dry and stressed, to bright and smooth. so, i can feel my best in my skin. olay body. fearless in my skin. >> charles: democrats looking to lowter price tag for their social spending bill to around $2 trillion. how will republicans react? what happens if it is still tied to the $1.2 trillion infrastructure spending bill? let's ask one of those republicans, texas senator john cornyn joins me now. senator, first, the new price tag between 1.7, 2 trillion. is that low enough? does that start to wet your whistle? >> pick a number, any number. started at six. came to three. manchin said no. 1.5. you know, this is not just about spending money although it is about spending money. this is about a plan from the democrats to transform our country. permanently change our tax system and turn us into a european welfare state. so there's a lot embedded in this. the strange thing is, the bill hasn't been written yet. the congressional budget office can't score it. we don't know what is in it other than general outlines. >> charles: meantime, i'm getting word now according to sources familiar with the sayings, parentally senator sinema has agreed to a tax provision to pay for the spending package. we started the day with sources saying she was against higher corporate taxes. an array of ideas were thrown out there. stocks buy backs. i know this news is breaking but you know what many be going on in the negotiating process. what do you think we're at right now there? >> there's a lot of crazy ideas out there like taxing unrealized capital gains, for example. a lot of problems with that trying to figure out, okay, if you have a capital loss, you get your money back or take a deduction? just the idea of something like that. but this is a search and destroy mission for more revenue to grow government. they're not concerned with the technicalities of how they get the money. they just want more of it. at the same time, they want to do things like take your tax dollars and subsidize rich people buying electric vehicles, for example. they want to eliminate the cap on state and local tax deductions, which has created a level playing field across the country. essentially by removing the cap on a subsidized millionaires and billionaires in blue states. it's a hodge podge and hard to know where they are or whether this is just part of the rumor mill. >> charles: the average tax benefit for the rich will be $25,000. the ev vehicles at least 13,15,000. and let's not forget the student loans, which is another big -- could be up to $50,000. so the biden administration though apparently not backing down and changing this proposal on the irs. we started at $600. this is by the way accumulated action in bank accounts. it's not a one-time transaction. they're saying if we go to $10,000 a great way to make sure jeff bezos is paying his fair share. is that still too much money for -- in terms of the average american out there? feels like it's an excuse to snoop on everyone. >> they got huge backlash by getting their hand caught in the cookie jar. we all report our income to the irs. we're also guaranteed or should be guaranteed some privacy about our personal financial activities. now they want to know how you spend your money, not just earn your money. they're talking about cumulative payments over time. it's easy to say -- let's say you pay $1,000 on your mortgage or your rent each month. then eventually that will add up to the $10,000 cap they're talking ant. it's a bad idea no matter what the figure is. >> charles: more details -- again, there's apparently four areas of revenue category for international, domestic corporations. we know about the international tax hike. high net worth individuals. the fourth one, tax enforcement. it's along the lines of what we talked about. the idea of $40 billion, raise an irs army and to go after jeff bezos. but we know again, if you want to unleash that on the american public, a, i don't think they'll ever raise the money they're saying they'll raise but it could discourage a lot of people. >> i think you're right in terms of the size of the army that they want to hire to go after american taxpayers. what i find most offensive, first, $600 and now $10,000 cumulatively. they're assuming that americans are guilty of tax evasion until proven innocent. to me it's a reversal of what we've always enjoyed as private rights, the requirement that law enforcement obtain a subpoena through a neutral third party, a search warrant showing probable cause. this puts civil liberties on its head. >> charles: it does. it's tough in so many ways. thanks for working with us on the breaking news. >> thanks, charles. >> charles: i think voters are not worried about inflation? 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let's get the read from susan crabtree at real clear politics. the number is shocking. it's hard to imagine it would be any different. anyone that steps outside, steps in a store, gets any gas, they know this is crushing americans, isn't it, susan? >> it's absolutely true, charles. great to be with you again. it is -- it's what i'm calling the democrat catch 22. they have this big moment, this window of opportunity to pass this legislation, this big spending projects to the tune of $2 trillion of what we're talking about lately and not connecting this to the rise of inflation, the increasing prices that consumers are seeing at the pump, the largest gas prices in california history at the pump right now. the last time there was a record high was 2012 when it was the obama administration again. yet they're not connecting this. so they're living in this just sort of fantasiland. but you have the federal reserve bank in san francisco today or this week come out and say these two are connected. the democrats $2 trillion covid relief bill passed earlier this year without any republican votes. this is inflation and stokes it. >> charles: we had three major covid bills. the direct money, $867 billion, the last chunk you referred to, 50% was spent on bills, 30% was saved. after that, if you want to spend money, doesn't matter. someone sent you the check. if you don't want to go back to work, it doesn't matter. you have money in the bank. they created their own problem. they know about it but don't want to talk about it. now the problem, the public knows. did you see that cnn poll last week about 25% of folks said if both president biden's spending plans are passed, it would help their families but over 30% said it would harm their families? you're on the political beat. you understand this. some democrats must be worried about this in private. >> well, absolutely. you have the nrcc, the republican congressional campaign committee hitting democrats over this. you had a private come out shortly thereafter saying these are the most expected ads that the republicans have run and the democrats have to talk about the benefit of the build back better plan. that's what you see joe biden doing right now. it's a definite disconnect. you had the deputy white house press secretary today when she was asked why biden's poll numbers are plummeting, she kept saying they're trying as hard as they can and they believe more spending is the answer to get us out of this rut and spiking inflation. so it's really -- she was stumped on that and it was president a great answer. most of the press was still questioning it as they were leaving. >> charles: the irony, most folks don't trust government spending. down to 19%. so we're hearing now rumors there may be a $2 trillion deal. maybe senator sinema is on board. no matter despite the polls, they'll still ram it through, aren't they, susan? >> you still have joe manchin. he's teeter tottering. somebody said one goes down in the dirt, another one goes up. it's really difficult to figure out if they can make their deadline. they have an october 31 deadline to figure out whether they can get a reconciliation deal passed. you have joe manchin a couple days ago, threats that he was going to jump ship and join the republican party. he put that out. >> charles: he shot those down in a joe manchin kind of way, the way the american public is shooting down these plans. thanks, susan. so in and out burger throwing jabs after san francisco shut down its location. when it comes to vaccine mandates, has the government bitten off more than they can chew? next. gold. your strategic advantage. the lexus es. every curve, every innovation, every feeling. a product of mastery. get 1.9% apr financing on the 2021 es 350. experience amazing at your lexus dealer. thanks for coming. get 1.9% apr financing on the 2021 es 350. now when it comes to a financial plan this broker is your man. let's open your binders to page 188... uh carl, are there different planning options in here? options? plans we can build on our own, or with help from a financial consultant? like schwab does. uhhh... could we adjust our plan... ...yeah, like if we buy a new house? mmmm... and our son just started working. oh! do you offer a complimentary retirement plan for him? as in free? just like schwab. schwab! look forward to planning with schwab. >> martha: san francisco is on the outs with in and out. they didn't check to see if customers were vaccinated. the company said -- >> charles: so are vaccination mandates another burden for businesses? chief executive andrew gruel joins us with kennedy here to weigh-in. andrew, you operate these restaurants. you're an amazing force. you know, the vaccination police, this is a real thing. how are you handling this? >> yes, a great question. i go back to this idea of the law of the hammer, right? in this case, you know, kind of the principle here, the government has one tool, the mandate, the hammer. to them everything looks like a nail. they want to million, operate this by virtue through the mandate. it's unique, different situations, different scenarios. you have full service, casual businesses just in the restaurant space. you can't manage this with 1 fail swoop, a large mandate. it's dangerous to the business and dangerous to the employees. what we've seen with in and out, they've taken a stand and it's important. the irony is they have done this in san francisco. you can steal a double down and not get in any trouble. if you don't have your vaccine card, you'll get arrested. $900 of double-doubles and you're free. >> charles: the parent company of chili's got hammered. they don't have enough workers. you have to ask people for this and they get upset. it's -- it's a dangerous gig and expensive for the restaurants. >> it is. you've seen some of the assaults in san francisco. you're not going to get arrested for any of them but there's giant homeless guys beating up female comes. it's a dangerous place. we've seen the fights on airplanes. businesses with like we don't want to deal with that and we don't want our employees in between an angry customer and, you know, god knows what else. one of those french fry making things that you can put a human hand in and turn it in to confetti. that wouldn't be good for business. i love in and out for a number of reasons. they created is a model where fresh is king. they don't have freezers. very limited menu. everyone tries to copy them and they sue different restaurants. their fries are not as good as shake shack, but their burgers are the best in the country. i will die on that hill. i will take an in and out burger over any other. you're welcome protein-style double-double with fries. thank you. >> charles: andrew, you might have to send kennedy some of your food. i don't know if she's had your grub. i'll hook you up later on. andrew is a magician in there. apparently san francisco has relented or someone has, in an out location, outdoors is back and they've reopened for take-out. but again, this is -- this heavy-handedness particularly in california, it just hurts so many small businesses. >> of course it has. the thing is, it's not working. that's the point. look at california. you look at the mandates and the businesses and say supply costs are up triple digits. we're losing staff, customers every morning they wake up and getting injected with fear, fear from legacy media. we lost our customer base. a ton of them are hiding under the sheets. we have six people to serve, three are sleeping on the streets in san francisco under a tent and now we're not allowed to serve outdoors. >> charles: after a hard day of shoplifting, you want to go in and without any hassle and then someone is asking you to follow rules. >> follow rules and pay for you food? what in the world -- i thought this was san francisco in i thought everything was there for free for the taking? and it's in fisherman's wharf. people come from the world. they hear about they're going to have long lines. they take care of their employees. >> i appreciate the stance they've taken it. i will visit it if i go to andrew's place first. >> thank you so much. thank you for watching. you can catch me tomorrow, 2:00 p.m., fox business, making money. the sooep s&p closed at an all-time high. hope you're listening and making that moo la. i took care of your wallet. the five will take care of everything else. next. >> dana. i'm danait's 5:00 in new york city. this is "the five." tuesday on capitol hill for merrick garland, house lawmakers get a chance to grill the top law enforcement official over a bunch of covering issues over the memo, mobilizing the fbi to investigate parents making threats against local school boards. republicans call it intimidation and a crackdown on first

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