government spending programs, tax hikes and inflation that's hitting all of us. welcome, everyone, i'm david asman in for neil cavuto. you are watching "cavuto live." new polls in a key race has democrats scrambling. we're talking about the battle for virginia's next governor where a once-thought easy win for former governor and democrat candidate terry mcauliffe is in a dead heat with republican glenn youngkin. former president obama is coming in to help terry healthcare all live today. pride -- mcauliffe today. president biden will be headed there tuesday. david spunt is in wilmington, delaware, where the president is spending the weekend. hi, david. >> reporter: hi, david, good morning to you. as you mentioned, big race in virginia just south of me. we're getting down really to the final days, down to the wire of that gubernatorial campaign. and president biden and his team at the white house, they are eager, eager, eager to go ahead and help terry healthcare all live -- terry mcif all live as much as they want. terry mcauliffe is eager to have president biden campaign with him coming up on tuesday, however, he has said publicly there are some headwinds in washington, as you would call it, talking about president biden's polling. i want to show you those numbers. i'm looking at them right here, this is a gallup poll, looking at the latest, 46% approving of the president's performance, 53% disapproving in september 2021, that was at 50% approval with a 49 36r9 disapproval. let's now look at the job approval among independents, now at 34%. in january that was at 61%. now, two months ago, as you mentioned, this was terry mcauliffe's race. he was ahead in the polls, the latest monmouth university poll just this past week shows the two are currently tied at 46% even. mcauliffe is calling in the big names to give democratic voters a push. yesterday he started his get out the vote bus tour. today he'll be joined by barack obama, stacey abrams from georgia will campaign tomorrow and president biden will do so on tuesday. his vice president though, kamala harris, out with mcauliffe yesterday. listen. >> this race is tight. and what happens here, i promise you, is about the people of the state and the people of our country. and we've got to make it clear, virginia, that we're paying attention. >> reporter: republican glenn youngkin launching his bus tour in fairfax county. youngkin has been critical of all those big names his opponent has brought in and banking on support from parents. you won't see him campaigning with donald trump. some of these parents frustrated by what they've seen, government overreach in schools. the prime minister if, as i mentioned -- the president, as i mentioned, will join mcauliffe on tuesday. this race has become not only a big deal in virginia, maryland and d.c., but in so many states because analysts are looking at it as a bellwether for 2022 and the presidential race in '24. david: absolutely. that drop in independent support is just extraordinary. i've never seen a drop like that. david, thank you very much. well, this is why these approval numbers among independents are so important. the biggest portion of voters in america by far consider themselves independents. look at this, 41% independent, 29% for republicans, 29 for democrats. so is the push for bigger government backfiring bigtime? fox news contributor karl rove joining us now. karl, great to see you, thanks for coming in. we're going to talk about terry mcauliffe in a moment, but first, let's focus on biden. the vast middle ground. to go from 61% down to 34, a 27% drop in independent support since january is extraordinary, and you cannot win elections without that vast middle ground of independents, can you? >> yeah. no. gallup showed that basically we have roughly the same percentages of republicans and democrats that we had as of the inauguration day and as of the election of 2020. but what has happened is the bottom is dropping out among independents, and it's across the board. take a look at, this is the real clear politics average for biden's approval. on the economy, 42 approve, 52 disapprove. foreign policy, 39 approve, 54 disapprove. immigration, 32 approve, 59 disapprove. finish the only major issue on which he has a positive number is covid, but that's 49-45, that ain't a great margin for a guy who's the president of the united states. and if you wrap it all up and have to look at only one number, think about this: america's on the right track are, 32%. on the wrong track, 61. this is why the president has headwinds among independent, and it's why terry mcauliffe is in difficulty, because this is washing all over him. david: we're going to have a duel of the white boards, because we have our own figures from fox news. i think it's worth emphasizing a little bit, we have slightly different figures, but they're the same on one point, on only one issue is the president above water, and that's coronavirus, 51% to 46%, 51% approve. but again, that's been slipping dramatically with all these vaccine mandates and the mask mandates coming out that are largely unpoppepopular all overe country. that could be underwater soon too, right? >> oh, absolutely. and, look, it has certainly driven another number which, thankfully for you, i don't have on a white board -- [laughter] the percentage of people who think that the federal government is trying to do too much. that number has risen dramatically. and that's again going to, as we sit here and the democrats are trying to figure out how they can spend $3.5 trillion on top to have the $2 trillion they've already spent in addition to the $1.25 trillion in infrastructure, in addition to the $3 trillion that president trump spent in march of last year and the trillion that he spent in december, i mean, this is all saying to people enough is enough. where's all this money coming from, how are we going to pay for it? this is all contributing to a very bad environment in virginia accelerated by the fact, by two facts. one is youngkin has ran a good campaign focused on economy, education and crime. and terry mcauliffe has run a terrible campaign sounding like, you know, yesterday's news. you know, the tape you ran of kamala harris at the rally, first of all, mcauliffe looks incredibly bored and, like, what am i doing here, and kamala harris reminds us why she folded her presidential campaign while williamson and castro were still in the race. she was a dreadful presidential candidate, and she was -- what did she say? i couldn't figure it out. david: well, and terry mcauliffe, the interesting thing is he came from the clinton wing of the party which used to be sort of the centrist wing of the party. thousand he's gone full bore to the -- now he's gone full bore to the left as have a lot of moderates in the democrat party. i mean, his gimme, we call it an unforced error in sports, but his gimme of saying i don't think parents should be telling schools what they should teach, i mean, that was an absolute dinner on the plate to the republicans, and i think it's led the republican challenger close to the lead, no? >> i think you're absolutely right. and he's made it worse. rather than say, well, you know what, i made a mistake, mys spoke, instead he said youngkin is taking it out of context, so how are you going to -- who are you going to believe? i didn't really mean what i said. when you make a mistake in politics, better to admit it and move on rather than to compound the mistake by saying as mcauliffe said, don't believe what i said, i really meant something differently, and, you know, he's taking it out of context, and you all, you're all stupid. if you think i meant exactly what i said when i said it. david: that's not a very popular thing to do on the stump. >> no. david: by the way, i just want to mention david spunt mentioned the gallup poll as well, it's actually the fox news poll for the approval rating of the prime minister, and there we see it. -- of the president. we've also got to talk about the president's performance this year. i, you know, i don't want to pick on anybody's personality, but when you're president of the united states, mistakes can cause lives. some people would argue that the mistake in the afghanistan withdrawal was so significant overriding the president overriding suggestions from the military to first pull out the military which the generals didn't want to do. you know, that was a very big strategic error. "the wall street journal" has an editorial today entitled the confusing mr. biden talking about his performance on thursday night at a town hall. it says mr. biden's frequent public confusion about the major issues of the day is a reason for the growing public concern. and, of course, they had to pull back on friday morning some of the things that the president said thursday night. how much of this factors into the public's wariness of the president? >> i think it's one of the reasons why they think the country's going in the wrong direction. people want to be delicate about it. he's lost some steps, and he comes out and says confusing things and creates problems when he does so. he also says that are arguably not true, and that creates problems for him. so, you know, the expectations were so high. he's going to return normality to the white house, the oval office. we're going to have an adult in charge. and that is not turning out to be true. i happened to be at a conference recently and the two other panelists were talking about the, well, in 2024 if biden runs for re-election, blah, blah, blah, blah, blah, and they then turned to me and said what do you think? i said we're not going to nominate, the democrats are not going to say, yeah, we want the 82-year-old to lead our ticket, and it's not going to be kamala harris because she's done such a dreadful job. and the "wall street journal"'s editorial is absolutely right. it is a disturb thing problem, it is evidence that he's just not up to the job, and we're going to see these problems get compounded in the months and years ahead. david: karl rove, good to see you, my friend. thank you very much for being here. >> you bet. david: new details emerging after alec baldwin accidentally shot and killed a director of photography with a prop gun. listen to the 911 call. david: the man the caller is referring to is the assistant director who yelled cold gun. this anticipates the prop was safe -- indicates the prop was safe before it was fired and, clearly, that wasn't so. that according to the affidavit. here to get into it, attorney eric guster joining us now. this is a horrible tragedy, and we don't want to point any fingers, but could it turn criminal? >> i'm not sure -- i don't think it will turn criminal. it will definitely be a civil liability issue. whenever you have a workplace injury especially when it comes to a death, someone has to be held liable. people go to work, and they expect to work a full shift and go home. and when accidents happen, it's often times not an accident, it's actually negligence on the part of someone else, and if in this part there was negligence -- case there was negligence somewhere, and they have to determine whose it was. david: who is liable? >> likely the production crew, the owners of the set and anyone who hired and supervised the person who was in charge of the gun. one claim that we have in civil litigation is negligent hiring of supervision. and when you have guns on a set, that person must be well trained to make sure that live rounds are not in guns. david: yeah. >> and in this particular if case, there was a live round that actually hurt and killed someone, so there will be several layers of people who may be responsible. who bought the ammunition? who was responsible for supervising the person who was supposed to put blanks in the gun? who owned the gun? was that a separate entity that brought the gun, the ammunition -- david: particularly, eric, particularly since we've been here before. i mean, brandon lee, the son of bruce lee, that was in 1993, killed with, obviously, it was an accident, but the point is it was the same sort of thing. it was a 44 magnum that had blanks in it. then there was in '84 there was a guy named john eric texam who was clowning around again with a magnum, it was loaded with blanks, but he died as a result of playing with it. very quickly. >> and that's -- and i thought about the lee case instantly with this one. it comes town to who -- down to who shot this gun, who was supposed to be blanks in it and there were live rounds that killed someone. david: yeah. eric guster, thank you so much for being here, appreciate it. well, president biden says he hasn't had time to visit the border as another 60,000 migrants could be headed to the border. former acting dhs secretary chad wolf is here on that. and is later on vaccine mandates threatening thousands of police officers all over the country. so how safe is your city? 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new york ohs reporting earlier this week that the biden administration is flying thousands of unaccompanied children all over the country. here to get into all of that, former homeland security secretary chad wolf. chad, good to see you. thank you for coming in. i'm just wondering if we're about to see a replay of what happened in del rio, texas, with all those haitian immigrants a month ago. >> well, we certainly could be. but let me just start with the president's comments about how he guesses he should go to the border. now is not a time to guess. now is the time for action and leadership, and the president needs to be focused on the border crisis that we have. he needs to go down there, he needs to see it firsthand, he needs to understand it. so, but we've got, you know, thousands of other migrants coming to the border because the message from this administration is clear that if you come to the border and you get across the border, you turn yourself in to border patrol, you'll be released into the united states, and that's exactly the wrong message we should be sending. and the result is hundreds of thousands -- sorry, thousands of folks coming to the border amassing on the mexican side waiting to cross at the right time. david: well, has there been any attempt to change policy or to change the strategy of what to do when a wave of immigrants comes in since del rio? because it was just so clear from that one example that we had nothing to top them from coming. -- to stop them from coming. >> that's really the essential question, is, you know, month after month you have a historic fiscal year, 1.7 million illegal apprehensions, you have the del rio case that you mentioned. when are they going to understand that their strategy is failing? it's failing the american people, and it's failing the communities along that border. and they should be out talking about new strategies and new approaches to this, and they're not. instead, they're talking about the same old root causes. that's not going to fix the security at the border. david: well, and we just saw -- forgive me for interrupting, but we just saw these new figures. they are record-breaking figures. 1.7 million encounters with immigrants in fiscal year 2021. fiscal year 2021 ends, i believe it's the end of september. so it's the largest number, that 1.7 million is the largest number we've ever had. it ain't working. >> well, it's not working. the 1.7, again, they're just the total apprehensions that border patrol comes into contact with. there's another 400,000 what we call gotaways, folks that border patrol never comes into contact with because they don't have the personnel and the resources. so the 1.7 is closer to 2.1 or 2.2 million individuals trying to come into the country illegally. they need to change course. they have a playbook that works. we handed off a playbook during the transition. they know it works, and they just simply refuse to do it. david: meanwhile, the immigrants who come here, i'm sure the majority of them are seeking a new and better life and plan to get a job and everything, but there are some bad folks mixed in here too. in fact, i.c.e -- which is supposed to go after those bad folks -- is being pulled back by mayorkas, your successor, and he's -- there's no more workplace raids. they're being sort of handcuffed in what they can do, and as a result, we see some horrible instances. in philadelphia you had this woman raped on a train which was actually photographed by some of the people on the train by an illegal immigrant and many other examples across the country. >> well, immigration enforcement is a two-step process, right? it's not only what occurs on the border, but for individuals that come into the interior of the country, we have i.c.e. law enforcement agents that are supposed to remove individuals eligible for deportation. and when you have the secretary continue to tell i.c.e. don't do your job, do not enforce the law, it sends a terrible message. it sends a message not only to the law enforcement officers, but also to the migrants. they are getting the message that if we come across the border, we can stay in the united states, and it's the wrong message. david: yeah. no, that's what the grapevine south of the border says, and this is a lot to it. chad wolf, thank you so much for being here. appreciate you coming in on a saturday morning. president biden doubling down on his claims that new massive spending will cost zero, but should taxpayers believe him? plus, have you started your holiday shopping? why some are warning you should do it now, don't wait. that's after this. ♪ you already pay for car insurance, ♪ why not take your home along for the ride? ♪ allstate. here, better protection costs a whole lot less. you're in good hands with allstate. ♪ do you take aspirin? plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! ♪♪ >> the cost of the build back better bill in terms of adding to the deficit is zero, is zero. zero. the cost of the build back better bill in terms of adding to the deficit is zero. best of all, the cost of these bills in terms of adding to the deficit is zero. zero. zero. it is zero price tag on the debt. it's going to be zero. zero. it's all paid for. it's all paid for. david: did he say zero? i think he said zero, right? president biden -- [laughter] once again claiming democrats' multitrillion dollar social spending plan will pay for itself, but my next guest says that won't be true. republican senator from alaska dan sullivan joins us now. senator, you're not alone in suggesting that, by the way. and there is a bipartisan group, the joint committee on taxation -- it's not a partisan organization -- they have added up the tax proposals that have been made by members of the house, the other deliberative body in the nation, that the total did not come anywhere near the number to make it cost zero. that is to say there was a difference between the spending and the tax revenues of about a trillion dollars. so where is the president getting his numbers? >> well, look, david, the president's statements are just false. everybody who's looked at it says it's false. it is false. i mean, you look at one cost, i mean, look at the costs in terms of this'll be one of the biggest tax increases in american history on families, on businesses. but here's another cost that i think we need to look at. this bill will cement the biden, bernie sanders, socialist agenda, literally taking us back to the economic malaise of the 1970s. and we know there were huge costs to that. think about what's happening right now, spiking inflation. spiking prices at the pump. empty shelves. authoritarian energy producers in power, spike in crimes. biden wants to build back to the 1970s, jimmy carter economic malaise, and we all know there were gigantic costs to america. nobody wants to go there. david: well, inflation has a number of different causes, one of them clearly is spending too much. deficit spending, spending money you don't have. what happens, i don't want to get too much into the weeds, but basically what happens is the federal reserve buys up the treasuryies, 60% of all the debt issued by the treasury, then hay print up cash in order to pay for the buying up of the bonds, and that's where inflation -- that's one of the places inflation comes from. the president claims that spending more money will make less inflation, but it's the spending of the money that we've just done so far that's causing a lot of the inflation we have now, right? >> it's -- you're exactly right on that in terms of the debt and deficit that's being driven by their reckless tax and spending plans. the other driver of inflation, as you know, is with regard to energy costs. and this administration from day one has been focused on killing the production of american energy and american energy jobs. and they're continuing to do that, you know, by less production from america, strongarming financial institutions to not invest in american energy, killing pipelines and energy infrastructure. and as we know, this is only hurting american workers, american families who are paying more at the pump, driving inflation, and it's empowering our adversaries who produce energy like russia and iran. so that policy is failed. and, again -- david: well, you have a particular interest in that because alaska's a -- >> oh, i sure do. david: -- big energy producer. but you also have an ally from the democrat side on that, and his name is manchin. senator joe manchin is treason from an energy-producing state, primarily coal, west virginia. but he doesn't like that attack on energy. he also doesn't like a lot of the extra spend. you also have senator sinema from arizona, another moderate democrat, who is against the tax policy. so will these two senators kill the bill? >> well, i certainly hope so, and i talked to senators sinema and man chick about this a lot. -- manchin about this a lot. the democrats are in disarray right now over this bill, and it is going to drive inflation, it's going to really crush, continue to crush american energy. it's got massive tax increases which senator sinema has come out and said she is fully against -- and there's one other thing going on in the senate right now, david, which is there's been zero transparency on this bill. it's been all behind closed doors, and i think it's because the democrats don't wan the american people -- don't want the american people to know what's actually in it. there's been no hearings, no mark-ups, and they certainly don't want the image of a socialist, that's bernie sanders who's the author of the bill, chairman of the budget committee, marking up his socialist bill. this country is not a socialist-oriented country. the democrats are right now, and i think that scares the heck out of 'em which is why it's all closed doors and no transparency, and that's got that -- gotta change. david: senator dan sullivan from the great state of alaska, thank you for being here. >> thank you, david. david: if our supply chain worries weren't bad enough, now some ship ising containers, they're not even making it to port. look at that scene on the right. ♪ ♪ if you're 55 and up, t-mobile has plans built just for you whether you need a single line or lines for family members, you'll get great value on america's most reliable 5g network. like 2 lines of unlimited for just $27.50 a line. that's our everyday price. plus, our plans always come with unlimited talk, text and data included. so, switch to t-mobile and get 2 lines of unlimited for only $27.50 a line. that's half the price of verizon or at&t. only at t-mobile. the leader in 5g. ♪ >> my name is eric shawn, and i've been at fox news for more than 25 years. in 1995 i heard that we're going to start a cable channel, and i was like, man, this is exactly what i was hoping for. scoring spread sheets and -- it was always us against the status quo, and we came to this mission as a way of trying to, you know, overturn the apple cart. to be real news people in a way that i don't think the mainstream news media, i remember when bill clinton got into trouble for fundraising, and i asked him if he was afraid of being indicted. he looked at me and said --? >> you really do work for fox, don't you? [laughter] >> it was a question that was on everyone's mind, but no one wanted to ask. it's been amazing for me personally, and as a broadcast journalist, you can't get any better than that. ♪ ♪ david: so in the hidst of the ongoing -- midst of the ongoing supply chain crisis, look at this. new images showing several shipping contain theres floating off the pacific coast. the u.s. coast guard says a vessel lost about 40 of the containers from rough seas while enroute to canada. cargo companies are warning president biden's vaccine mandate could wreak even more hah strong on -- havoc on shopping ahead of the holidays, gary kaltbaum, lauer fink and former dallas fed adviser and danielle dimartino booth. so, danielle, not much sign of improvement particularly with these storms out west now. >> no, there isn't. no, there isn't, excuse me, and the backup in the three main west port coast, ports, it's biblical at this point. in texas where i am, houston's been a major beneficiary because shipping companies have started to key accelerate business away there those -- divert business away from those three big ports just to try try and get things into the united states however they can. so this is a big problem going into the holidays. we've already herald from companies such as nike saying, you know what? we're not going to have the merchandise on time, and that means americans are going to have to be paying up for holiday spending. they're planning to spend earlier. but a separate concern of mine is that we're starting to see evidence that companies are using the supply chain being completely disrupted. it's going to be a reason to raise prices more than they otherwise would, and that's not the kind of thing you want to hear. david: well, gary, frankly, we've got this horrible labor shortage, and i say horrible because in some ways that's good news. there are a lot of jobs out there, but if you can't fill them, you're out of luck. and as long as we have this labor shortage, i think we're going to continue to have the crisis at the ports, don't you? >> there's a need for 80,000 truckers right now. let me repeat that, 80,000 truckers. just to put the numbers to it, around l.a. now there's 109 of these ships. they are gargantuan, 50-yards or wide -- 50 yards wide, three football fields long and 25,000 tons of supplies on them, and you're going to end up with a lot of spoilage, a lot of insurance claims, and this is worrisome. and what happens is the problem is with the facts on the ground and the reality of it, it does change baer. and that's -- behavior. and that's why you're going to see people at the stores a lot earlier, buying a lot earlier, creating even more shortages. and that's when you get into a little bit of that vicious cycle. i think the biggest bull market we're going to see over the holidays is going to be in gift cards because of the ability to get products. david: right. so hallmark will do well. laura, the president was at the ports, he said he's going to do everything he can to keep the ports open for longer hours than they usually have, but if he can't get truckers to take the stuff from the ports to the various locations, we're still going to be stuck with a supply shortage. >> here's what i say, obviously global supply shortage is connected deeply to the pandemic, and when the-ers and the factoriallies went -- manufacturers and the factories went offline and the ports shut down, danielle says it's biblical, i say god bless the american worker that is working around the clock, long shoremen working 24-hour shifts. maybe not all, but they're open 24 hours, and those truckers working long hours to make sure that our holidays are not spoiled. i think this has shone a light, as you suggested, david, as to how much to pay them and is provide for them and their families as we go in and try to weather and work around some of these supply shortages. because they're going to help us get unstuck here, and we need to value them, pay them and reward them. david: but, danielle, i talk to a lot of, i mean, the big companies, the amazons, etc., they can afford to jack um the salary concern up the salaries to double what they were before the pandemic or even triple. but a lot of small mom and pop companies, they can't afford it. their profit margin is already razor thin, and they raise salaries more than they already have, and they're out of business. so it's really leading to the decimation of an entire class of business. the small businesses that just can't afford these labor increases to the extent that they've gone. >> yeah. in fact, the pandemic and the policies that have been implemented after the pandemic hit have really taken down the small business sector, the wage inflation that we're seeing right now is the highest that we've seen since the national federation of independent business began tracking these data back in the '80s. so small businesses are being crippled by wage inflation. and one of my concerns is that we're going to come to this holiday season and be an even bigger big box nation as opposed to the soul of america, the backbone of america, people who build these companies. and there's a strike coming up, by the way, in june in those ports, and i think we need to be very careful about what that is going to imply going into 2022. david: gary, very quickly on inflation, because the less you have of something, the more you have to pay for it, usually. that's part of the inflation equation. and right as we're going into a tough winter or where we're going to be spending a lot more for natural gas to heat our homes, maybe 30-40% more, and gas prices going up to $7 a gallon in some places in california, we have the president going to glasgow talking about even more regulations on our energy business that will cost our ability to get natural gas and fuel at the pump and cause those prices to go up even more rather than trying to impress the euros with our green policies, shouldn't we be more concerned about the consumers right here? >> well, you stop production here but you beg opec to produce more at the same time because you're worried about price. how's that for a mantra? look, the bottom line is this: if you going to constrict supply, prices are going to go up especially when we are now, we are no longer in this deflationary environment. it's an inflationary environment, and it feeds on itself. and you have a central bank also that's enabling it when they should be fighting it. and you end up, again, i use the term vicious cycle. and, by the way, every 10 cents move in gas prices over one year is $10 billion out of the pockets of just consumers. forget business which is even bigger, and that is about as worrisome as can be as we move forward. david: these prices are tough on everybody. gang, we'll see you coming up. more on the mandates later, why your cities may soon be less safe. but first, a storm set to hit the west with heavy rain and snow, we'll have the full forecast for you coming next. bill, mary? hey... it's our former broker carl. carl, say hi to nina, our schwab financial consultant. hm... i know how difficult these calls can be. not with schwab. nina made it easier to set up our financial plan. we can check in on it anytime. it changes when our goals change. planning can't be that easy. actually, it can be, carl. look forward to planning with schwab. schwab! ♪♪ ♪ david: our new weather channel. well, the west coast is bracing for wicked weather this weekend that will bring heavy rain and snow. chief meteorologist rick reichmuth is here with what we can expect all aof foxwet's big -- ahead of fox weather's big launch on monday. tell us about the weather. rick: all right, this right here is the drought out across the west. we've been talking about it for a very long time. it's been building the for years across the far northern plains, in across especially california and parts of the pacific northwest. we had a lot of rain across the four corners this summer, so we got a little bit of relief, but take a look at a what is about to happen, massive amounts of rain especially in across parts of central california and across the sierra nevadas. some spots likely in excess of 10 inches of rain, snowfall totals probably around 3-4 feet by the time this is done. the bad side is because we've had so many fires over the last couple of years, where those fires have happened, the rain falling is going to cause debris flow and, certainly, some landslides. so good and bad coming with this. take a look at what happens here. this is future radar. this really gets going tomorrow. take a look at all of this moisture coming in, especially central california, and it's going to be really windy as well. we might be seeing some winds maybe in the 70, 80, 90 mile-an-hour range across the coast and across the higher elevations. today we have the rain, it really gets going tomorrow, there's another storm behind that. all of these storms move toward the east, and one of them is already across parts of the central plains bringing significant rain this morning. later on this evening that gets regoing, and is we're looking at the threat for some severe weather primarily today the threat is some really strong or really large hail. tomorrow this becomes a much bigger severe weather threat across the exact same area, and i think we'll be looking at a significant tornado threat. so lots of active weather going on, david, across the country, and for now most of that across the west and the central part of the country. david: rick, we've got a hard break, but how do we get fox weather on monday? rick: go to fox weather.com, you can download the app, and we'll have live weather service going on, weather content, science content. i think people are really going to love it. fox weather.com, download the app. david: wonderful to see you, rick, thank you very much. new documents raising questions about u.s. funding in wuhan. dr. marty makary on what it all means. and later, an update from the border as tens of thousands of migrants reportedly are planning to enter the u.s. again. this isn't just freight. these aren't just shipments. they're promises. big promises. small promises. cuddly shaped promises. each with a time and a place they've been promised to be. and the people of old dominion never turn away a promise. or over promise. or make an empty promise. we keep them. a promise is everything to old dominion, because it means everything to you. at heinz, every ketchup starts with our same tomatoes. but not every tomato ends in the same kind of heinz ketchup. because a bit of magic unfolds when there's a ketchup for everyone. ♪ david: more information coming to light on covid research in wuhan, china. a new report says nih tock can units suggest the u.s. did provide funding for gain of function research on the coronavirus in wuhan. here to discuss, fox news contributor, professor of health and policy management, dr. marty makary joins me now. doctor, great to see you again. so did nih funds -- which, of course, are taxpayer funds -- did they end up helping the wuhan labs fund gain of function? >> we were clearly funding the lab that was doing gain of function research. whether or not the dollars went directly to buy what was involved in that particular experiment, that's something we'll never know. what we do know is that there was denial that there was funding of that lab, and the lab itself had credited the nih and that disconnect is what led many in the united states to say, hey, wait a minute, this should not be done. i wish dr. fauci and dr. collins would just come out with a blanket, all-out condemnation of gain of function research, they should do that right now. david: when dr. fauci faced off with senator rand paul, he was adamant that there was no funding for gain of function. was he wrong? >> well, he parsed his words so carefully, but, yes, he was wrong. he has, you know, been in government for seven presidents for a reason. he knows how to thread the needle with parsing his words. but he was wrong. the nih put out a statement to that effect, and dr. paul, senator rand paul, was correct. david: the reason this is important, it's not a gotcha sort of question, the reason it's important is we don't want it to happen again. i mean, we know that the chinese are doing all sorts of stuff they shouldn't be doing. bioresearch is only one of them. but we don't want to have any possibility that this happens again. >> well, i appreciate what you're saying, david, because we can't just play the blame game forever. we need to learn lessons to take forward, and that lesson is the school of scientists who advocated for gain of function under certain circumstances, that should be officially abandoned altogether, and they're not doing that right now. there were two schools of thought, and they were advancing gain of function research, and now we need to come together to consensus i so this doesn't happen again. david: switching gears to the vaccines and particularly for kids, i'm already seeing ads on television in new york from the city health department suggesting that as soon as they're available, you should go get 'em. we don't even have emergency use yet for, from the fda for those vaccines. these kids from 5-11, correct? >> that's right. and pretty soon parents are going to have to make a decision about this. this is a good time to start the conversation. first of all, no one who had covid should be getting vaccinated, in my opinion, under age 65. second of all, the dosing regimen, the three week narrow interval between the first and second pfizer doses is too short, and we are seeing complications. you may want to space it out and talk to your pediatrician because it's a difficult decision, and the risk is different in every individual child based on their own health condition and those that they hang out with. david: i agree with you. dr. makary, thank you for being here, appreciate it. before we go, last saturday we reported a story on ghost robotics, a robot dog with a sniper rifle. we want to clarify that rifle is controlled remotely. just wanted to point that out. coming up, what alec baldwin was told before he fired the fatal shot on the set of his new movie. tragic details, we've got more of them coming next. nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine. david:... >> new details on that tragic shooting on the set of alec baldwin's new movie and an affidavit says the assistant director told baldwin the prop gun was safe before the actor shot it. of course it killed one person and injured another. fox news' matt finn is in l.a. with the latest. matt. >> david, we now know a search warrant was issued, so investigators could document the new mexico film set "rust", where the shooting took place. and they said that baldwin's bloodstained costume and the prop gun were taken for efforts. an assistant director handed baldwin the loaded weapon and announced it was cold. a prop gun also misfired a few times onset before baldwin's fatal shooting, including two rounds fired by baldwin's stunt double from a gun that he was also told was not loaded. a half dozen camera crew workers walked off to protest workering conditions just hours before this fatal shooting. after a producer, alec baldwin fired the prop gun accidentally hitting halyna hutchins, who was killed. she was considered a rising star and advocating for staffer conditions onset. director joel souza was hit and injured in the shooting, but he's expected to be okay. exactly what the prop gun fired is under investigation. in an e-mail to the l.a. times, a union representing the prop master said the shot was a quote, live single round. the santa fe sheriff's office releasing a statement writing in part, this investigation remains open and active. no charges have been filed in regard to this incident. witnesses continue to be interviewed by detectives. baldwin tweeting, quote, there are no words to convey by shock and sadness regarding the tragic accident that took the life of halyna hutchins, a wife, mother, and deeply admired colleague of ours. i'm fully cooperating with the police and investigation to address how this tragedy occurred. a big question here is what type of gun or firearm this was. we know that a prop gun can be anything from a rubber toy gun to an actual firearm. we'll keep you updated on this investigation, david. david: our prayers go with all those involved here. thank you very much for that. now to the other big story we're covering, president biden saying police officers who don't follow vaccine mandates should get fired. we're going to get a former police officer's reaction to that statement in just a moment. first, to fox news correspondent david spunt, where president biden is staying this weekend. >> hi, david, this is a controversial issue on both sides. the president and members of his team, they view it quite black and white. they believe that police officers are here to protect members of the public. the president and his team, they say that police officers should be getting vaccinated to protect the public. according to the fraternal order of the police, we looked and covid-19 is the number one cause of death for in the line of duty death for police officers since march 2020, more than 700 police officers have died from this terrible pandemic. there's a reluctance though among police officers across the country to get vaccinated, prompting big arguments between mayors and those police departments. case in point, chicago mayor lori lightfoot who every day is going head to head with the chicago police officers who say it's their right not to get vaccinated. president biden making no apologies for his stance. he's already mandated that the military get vaccinated and those numbers continue to rise though. they're not really where white house officials want them to be, david. here is president biden thursday at a cnn town hall on the subject of police and vaccines, listen. >> as many as one in three emergency responders in some cities like chicago, los angeles, right here in baltimore are refusing to comply with city vaccine mandates. i'm wondering where you stand on that should police officers, emergency responders be mandated to get vaccines? if not, should they stay at home or let go? >> yes and yes. >> that decision prompting criticism of the president, police unions, even citizens arguing that cities already fighting increase in crime, chicago, baltimore, philadelphia, need more officers on the street, not less. l.a. county sheriff alex villanueva said he's not mandating his vaccine, 18,000 employees in that sheriff's office and if he does mandate the vaccine he may lose 5 to 10% just overnight. david: chicago it could be as much as a third of the entire force. david, thank you very much. let's take a look at new york city. we've got a live look at it where cops are now required to get at least one vaccine shot by october 29th, just a couple of days away. anyone unvaccinated after that day will be placed on unpaid leave until they can show proof of vaccination. so if officers are losing their job over a jab, could this put the city at risk of another crime spike? although many say we never finished the one we're in. retired n.y.p.d., joe, good to see you. could enough officers say no to the jab to put the city at risk? >> absolutely, we're already at risk with what's going on with the funding movement, with the numbers being crunched, with retirements. it's ridiculous as it stands and yet, they're using the police departments as punching bags. you know, david, nobody said anything. they were all praising the police officers and first responders when they went out there with vaccination, when this first started, and you could see the numbers as was just indicated over 700 police officers not here in new york, but majority in new york died from covid. and the president that we have hailed them as heroes as a prop to gain public sentiment. then what happens? now, they decide, well, we don't want to get the shot, you sent us out there without a shot and now you want us to and he's calling them basically murderers for going out there and being vaccinated. what happened during the pandemic? did he forget what happened then? he sent these officers out there, and said do your job. now he's saying do your job, but the way i tell you to do your job, you can't have it both ways, mr. biden. david: there are close to 4,000 officers who say they're reluctant to say whether or not they've been vaccinated and if that represents a third of the police force, chicago, as we know, is right smack in the middle of a horrible crime wave that's been going on for years, frankly, but it's worse now than ever. what happens if just overnight you lose a third of your police force in a place like chicago? >> look at chicago with a full contingent of police officers working? look at the murder and crime right now? can you imagine if they lose a third of the department? and lightfoot says i'll do this, i'll do that, replace you would who? these are qualified officers trained to do the job. you're not going to find the candidates, if you start today you won't wind up with a good candidates for six months a year from now. be careful what you wish for, mayor, this is what is going to happen to your city. they're going to have to come to some happy medium here. worked without a vaccination before and let the police officers like any other american citizen make the choice themselves. once you make it a mandate, people are uncomfortable with it. you know, some people get vaccinated for their own reasons. they don't want to get vaccinated for the other reasons. let it be their choice, as they're ramming it in and over their head it's their job. david: no exemptions for people who had covid, who may have antibodies. in europe they test for antibodies and use that as exception to vaccine. let me ask you about the problem of crime, because all the decrimization, like shoplifting, leading to rampant shoplifting. and it's part of the due-- defund the police. and all of those in congress advocating defund the police have police of their own. cory bush, congresswoman, has spend thousands of dollars on her own private security. she takes the money from her campaign funds, but what do you make of that? they're fine with private security for themselves, but they're denying it to normal folks who can't afford it. >> david, because it never hits home for them. as i stated on this show many times, it only hits home for the hardworking individuals who go out every day, do the job. the 9:00 to 5:00 people who don't have the luxury of spending the taxpayer's money to put a security force around them. that's who it trickles down to and it's the same with the stores being looted every time it's looting, that's all it is, it's not petty larceny. it's looting. they're going in the store and they're taking stuff with a calculator and get to a thousand they walk out unchallenged and nobody cares about that. it will continue as long as we have the cowards in politics, not just congress, but local politics as well and local politicians have to step up. be careful who you vote for. david: that's right, we are a representative democracy and you've got to get out there and vote for the people that you think deserve to be in that position. lieutenant, great to see you again and i appreciate it. >> anytime, david, take care. david: you too. as we mentioned places like chicago, new york, san francisco are getting hit hard by shoplifting craze. some stores were even forced to close down over how bad it's gotten. my next guest says it's actually worse than reported. california retailers association president and ceo rachel michelin joins me now to explain. rachel, we've seen the awful pictures, but it go -- it can lead to violence as well. m in l.a. last summer, a shop owner was killed when they tried to stop them. it's not bad enough that it's property, it can lead to death. >> thank you for having me first of all. you're absolutely right. i was just talking to retail protection experts on friday and the subject came up and we're seeing an increase in the amount of violence towards not only our store employees, but customers in the store. unfortunately though, they're going underreported so they're not necessarily making the viral videos, but it's increasingly becoming a bigger and bigger problem. >> why is it unreported? >> because a lot of of retailers look at this and they know that there are no consequences for the behavior, and we need to look at the laws in california. we need to look at making sure that when they commit the crimes that there are consequences for it. right now, basically, they'll go in and they'll steal up to 900, usually $949 and they'll walk out and then they'll get written a ticket and walk down the street and do it again. david: do you tell prosecutors it's unacceptable, leading to death, leading to store closings, to people being thrown out of business? >> absolutely. absolutely. david: what do they tell you? >> you know, that they're hindered by some of the laws in california. they would rather look at alternative ways to reach this population and educate them why it's not important to do this. there's a lot of finger pointing, i think it goes to your previous guest that we need to engage our local elected leaders, state leaders, members of congress to look at how we address this issue. i think that retailers have been standing up. we fought this last year, we've got funding for the retail tax in california. we passed legislation and we're introducing legislation next year on online marketplaces and we're trying to do everything we can to find solutions and i'll tell you when i meet with the prosecutors it's like banging a head against a brick wall. we don't get any movement in getting the crimes prosecute. >> you say that retailers are standing up and in san francisco, you had five walgreens shut down. they just, there's a limit to how much retailers can take and these prosecutors have to get their heads screwed on right. theft is theft. it's not acceptable to steal things. it just is north. >> absolutely. >> rachel, best of luck to you and your members as well. thank you for being here. well, coming up. a new record of illegal border crossings as we get a chase coming up next. and attorney general merrick garland on the hot seat on capitol hill. the sparks were flying. what he said that has some lawmakers fuming. >> this memorandum is aimed at violence and threats of violence. >> i understand your your talking point. you're not answering my question, mr. attorney general. will you submit to an ethics review of this matter? yes or no? - [narrator] every three minutes, a child is born with a cleft condition. without surgery, some will die. those who do survive face extreme challenges. operation smile works to heal children born with cleft conditions. we need you. there are still millions in dire need of healing. go to operationsmile.org today and become a monthly supporter, or call. 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(announcer) go to golo.com to lose weight and get healthier. 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 for an exclusive live stream with jamie lee curtis. a q&a with me! join for free on the xfinity app. our thanks your rewards. >> a big apology from the group calling parents domestic terrorists. the national school board association now disavowing a controversial letter. that letter, which led to ag merrick garland's order to engage the fbi to investigate complaints of threats to school officials from parents. alexandria hoff has the details. >> the chain started with the national school board's letter says how much parents have to say in the forefront. now they're pulling back. the letter expresses regret and apologizes for relating the actions of some parents to quote, domestic terrorism. attorney general merrick garland agreed to deploy federal law enforcement, many saw this as a use of force to silence parents who were frustrated by covid-19 policies and school curriculums. he was quickly put on defense. >> we are only concerned about violence, threats of violence against school administrators, teachers, staff, people like your mother, a teacher. >> one example was scott smith who was arrested at a louden, virginia school board hearing, after his daughter reported being sexually assaulted in the bathroom by a male wearing a skirt. the board dismissed the claims. >> instead of investigating parents, the department of justice should be investigating those who covered up a heinous crime in our schools. >> it's getting a lot of traction there and the nsba says we deeply value the work of local school boards that make important contributions in the communities, but also the voices of parents who should and must be continued to be heard. and a source close to attorney general garland says he is pleased with the revised letter, as he is focused on preventing violence not labeling parents domestic terrorists. david: and merrick garland insisting it won't be used-- >> i can't imagine any circumstance in which 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 labeled as domestic terrorism. >> well, my next guest might not believe the attorney general in that. darla is the president of the children's scholarship fund. the point is being, darla, that the organization that led garland to issue this memo telling the fbi to investigate the parents, that group, the national school board's association is a big advocate of crt, critical race theory, 1619 project, a left wing organization, they sound innocuous the national school board association, they have this agenda, they've called parents, they've disavowed now, they're the ones that called parents terrorists and because of their letter to garland that he created his own edict. so it's too late to apologize for this, no? >> yes, it's a little late. and what i think really happened here is that cancel culture ran up against something you can't cancel and that's a parents' love for their children. the parents won on this point, but they need to be vigilant. this debacle could be avoided. we have a monopoly government-run school system. the white house since i was able to vote, all except for jimmy carter sent their kids to private school because they could afford to. many parents don't have that option. and even though it's not compulsory to send their kids to public school, but most can't afford the tuition or stay home to home school. and if we had school of choice, the money would follow the child. and in virginia, taxpayers and parents seem to understand this. 79% of parents say they tax dollars to follow the child. 68% of all voters say that. so, basically what you've got here is almost 80% of parents and two-thirds of all voters support school of choice in virginia of all places. david: yeah. >> so we can turn this around. david: well, and the point is, is that parents are unhappy. we just have a fox news poll showing 80% of parents are very concerned about what their very or extremely concerned about what schools are teaching and apparently a lot of that, a big chunk of that 80% aren't too pleased with what they're seeing. but the education lobby, groups like the national school boards association, certainly the teachers unions, aft and others, supported this stuff that parents don't appreciate and they have a lot of money, billions of dollars in these covid bills have gone right into the coffers of these organizations. >> that's true. but one other promising thing before the letter actually got rescinded was that 20 school board associations across the country disassociated themselves with the national letter. they said we didn't have anything to do with it. we wouldn't have signed onto it and i think across the country, the transparency that came about as a result of covid, parents saw, we know that the academic outcomes in public schools have been abysmal, but parents saw what was actually taught in terms of some of these, what's on the social agenda. they have a lot of strength. they should be empowered by what happened. that didn't happen because they just suddenly decided to --. david: what i was going to say, it gets to the root of our insistence on local school board control because the national organizations, whether it's the unions, or the national school board's associations, that's where the radical agenda comes from. the locals not so much so. >> absolutely correct. in fact, some of the school boards there's been articles about it, that people are running and taking control and they're changing what's happening in their local school districts. and i would encourage every parent, you have power, you have real power. and you should use that power. in this country, you can still decide where your child goes to school. parents are the first educators of their children and they should take advantage of that and be for school of choice. every time, ask people what they support when you vote for them. certainly in the race in virginia, people are paying attention. and glenn youngton said he's for school of choice and parents should be empowered and have something to say about what their children learn. that's a good thing. david: you made me feel optimistic about the whole thing. it's good to pull the curtain back and see what's going on and changes are resulting. darla, by the way children's scholarship fund has paid for 200,000 kids, needy kids to get scholarships in good schools and we thank you for that, darla. good to have you on. >> thank you. david: and the biden administration backing down a bit on plans to let the irs snoop into your bank accounts. meet an attorney general who says still not enough. not by a longshot. wow, we're crunching tons of polygons here! what's going on? where's regina? hi, i'm ladonna. i invest in invesco qqq, a fund that gives me access to the nasdaq-100 innovations, like real time cgi. okay... yeah... oh. don't worry i got it! become an agent of innovation with invesco qqq >> so we were among the first to report about it and the white house apparently heard your outrage over it. and did it change enough. the biden administration altering its plan for the irs to snoop on bank accounts to find tax cheat instead of monitoring annual transactions $600, up against the $10,000. and my next guest says it's still a power grab aimed at the middle class. and mark is arizona's attorney general, good to see you mark, thanks for coming in. the problem is it's still aimed at the middle class. the organization, the joint committee on taxation, which is a nonpartisan organization, has looked at the numbers, squeezed the numbers and found that 40 to 57% of the people affected by this are those making $50,000 or less. that is smack in the middle class, is it not? >> it absolutely is and i tell you, david, you can put lipstick on a pig, but it's still a pig. shame on the democrats, shame on the biden administration and enablers in congress for proposing this radical idea that essentially wants to snoop and empower the irs to basically look into all of your financial transactions. which by the way-- >> by the way it's supposed to be against the constitution, the fourth amendment to be specific about it says the right of the people to be secure in their persons, houses, papers, and effects, again unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause. no probable cause when you throw a big fishing net out there. >> absolutely. and we've seen this in other areas. the biden administration and his useful idiots in the senate are essentially shredding our u.s. constitution, whether it's socializing the economy, nationallizing the election and now i would submit to you stalinizing our federal law enforcement agencies. whether it's intimidating parents at school board meetings or now wanting to hire tens of thousands of irs agents to require this giant bureaucratic state with more costs to banks, and the notion that you've done nothing wrong, i've done nothing wrong. my ac repair guy, the truck driver having problems with transportation, because they have more than even $10,000 of transactions, maybe they have direct deposit, maybe some ira's, i don't know, but those people are now going to have federal agents snooping into everything they're doing trying to find, this is something that uncle joe stalin would have been proud of. david: you get mad, but you get even by going to court. one way you get your frustrations out, we've had a video and we've seen it before. you like nunchucks, and what do you use these things far? >> i'm using them to defend america, i'm using the chucks and the constitution. i use them as ag at my disposal. unlike joe biden, i don't think i'm a king or an emperor, i'm a constitutional lawyer. david: we couldn't resist bringing that out again. thank you very much for coming in and we appreciate it. so is a $10,000 threshold a fix? studies showing most americans will still be subject to surveillance as we just showed you. let's ask fox news contributor, former dallas fed advisor, and democratic strategist, laura americans have never been crazy about the irs, we don't like the idea of people going through our papers, but do you really think that giving them this extra access is something that's going to help democrats politically? >> here is who i think it's going to help. it's going to help every teacher, every cop, every grocery worker, everybody that gets a w-2 and already has the irs up in their business. nobody likes the tax man, but i tell you what, americans want the tax man to find the tax cheats. hundreds of billions of dollars in tax money that's not going to our veterans, not going into our classrooms, not helping our first responders, and not helping our moms and dads. we need to make sure that we get those dollars, and that's why the biden administration is increasing the irs enforcers so they can go after these tax cheats. this isn't about working americans. this is about the people that cheat on their taxes and move money around and those are the people at the top. now we have a two-tier system they're up in your business. david: i hear what you're saying. but the joint committee on taxation is not a republican organization and they're the ones that found that more than 50% of this would fall to people making $50,000 or less. it's a big net that's being spread out with all of those people. they are working americans, they are middle class. the rich people, people making over 500,000, only 4, 9% of this energy would be focused on them. >> and that's where the money is, that's where they're going to get them. david: gary, what do you think. against people making $50 grand? >> they tell you. >> that's where the cheaters-- >> and the other thing, this goes to all americans at 10,000 of movement. i'll tell you the irritating part of this thing to have jan yellen looking into the camera and saying that if you're a tax cheat and we're coming after you and i have a solution it's pretty simple if they're so worried about tax cheats. between tax code and rules and regulations and cases that all the lawyers have to go over, there's over 75,000 pages of this-- i don't know of blob that people have to work through. but it's just tiresome to hear janet yellen telling the world, not just america, americans cheat on their tax toss screw others and that's been the mantra. >> some of us do. some americans do. >> unfortunately. david: well, even-- danielle, even if-- hold on a second, danielle, even if some of us do and clearly there are a small percentage of people who do, you don't spend $70 billion more in terms of empowering the irs with things that look to be unconstitutional against the fourth amendment. >> you don't. i mean, recall that recently the chinese communist party said that all american athletes going to the beijing olympics in february of 2022 would have to use the central bank digital currency that has been created in china, and there was a lot of talk here in the united states about therefore boycotting the olympics because the whole notion of being able to monitor americans as you say is directly against the constitution and the biggest tax cheats need to concern the authorities are the ones that have the c.p.a. who can get through the darn tax code in the first place and look for loopholes, not your 50% of americans who we're talking about right now, but again, i think we're missing the bigger point, david, which you brought up is the constitution and the fact that americans take issue with, by law, by their virtue of being an american many monitored in any way, that's simply not how this country works and i certainly hope that we're going to draw the line. this is a slippery slope to imposing some kind of central bank digital currency here in the united states in which event you'd be able to monitor all transactions. david: laura, how do you deal with the fact that there's no probable cause, this is throwing out a big net and trying to catch anybody that falls into it? >> we're not in a criminal court here and by the way if you're a w-2 employee which the majority of middle class employees are, getting a paycheck every month and going to the bank, if you're getting social security, the governor knows. the surveillance talk by that standard then we'd have no irs and no ability to monitor income. this is just a way to catch the people that are moving money around. >> what about the small businesses? >> not working every day and this is a way to catch tax cheats and here is what-- >> we're running out of time. five seconds, go ahead, wrap it up. >> to get tax cheats. you want to hand it off. i'm sorry. >> no, no, i'm sorry, we ran out of time about 30 seconds ago, but we've got a lot more to say about this issue, gang. thank you very much, appreciate it. drivers feeling more gas pains as prices continue to soar. is there any relief in sight? a live report from the road next. plicated. as your broker, i've solved it. that's great, carl. but we need something better. that's easily adjustable has no penalties or advisory fee. and we can monitor to see that we're on track. like schwab intelligent income. schwab! introducing schwab intelligent income. a simple, modern way to pay yourself from your portfolio. oh, that's cool... i mean, we don't have that. schwab. a modern approach to wealth management. >> get ready, filling up at the pump is going to be a pain. prices are at a seven-year high. is there any relief in sight? david is in north vale, new jersey with answers. >> it's a crisp fall day in north vale. it's after summer and prices usually come down. this year things are different. according to triple-a, nationally 3.38 up seven cents from a week ago. at this gas station, you can see it's a little less rounding up for a gallon of gasoline. depending where you live, you could expect to be more. isolated highway in california, 7.59 a gallon for regular and almost 8 1/2 for premium. california leads the nation with the highest prices for gas averaging $4.54, followed by hawaii at 4.27. also on the top five list, nevada, washington, and oregon, and energy analyst blames the spike in prices on several factors. >> gasoline prices are being impacted by the economy. the people are driving like it's summer and fall, and so the demand is very strong. but at the same time, supplies have been restrictive. u.s. oil production is a far cry from what it was before joe biden took office. >> according, again, to triple-a, survey of gasoline prices in 50 states now over $3 a gallon. lowest prices in oklahoma, arkansas and texas. so, the question is, will the prices continue to increase? according to most industry analysts, the answer is yes. especially they say during the upcoming holiday season. >> oh, wow. >> david. >> i was just looking at old pictures, i have a picture from new jersey of exactly a year ago, it was $2.03 a gallon. it seems like ancient history, less than a year ago. david lee miller, thank you very much. meanwhile, we've got a live look at the set where tragedy struck in the new alec baldwin film. that's a live look right now on the left. the latest on what an assistant director told alec about the gun before he fired it. that's next. instantly clear everyday congestion with vicks sinex saline. for fast drug free relief vicks sinex. instantly clear everyday congestion. and try vicks sinex children's saline. safe and gentle relief for children's noses. >> we are continuing to monitor the investigation of that fatal shooting on alec baldwin's movie set. the film's assistant director apparently told baldwin the gun was safe. and joining me to discuss is fox entertainment reporter, ashley good to see you. what are they saying out there? the folks out there know more how the set is supposed to operate than we do, most folks do. from what they're saying so far, what are they saying about what might have happened? >> yes, david, there are so many questions raised how this tragedy could have happened, especially now on a set where there are so many protocols in place. and of course, a search warrant has been issued. we know the investigation is underway, no charges have been filed yet. and according to court records, baldwin was handed the prop gun and told it was a cold gone by the assistant director, baldwin has retreated this report. and-- baldwin retweeted the report. and mourning the loss of the raising cinematographer halyna hutchins and the director joel souza who was injured. and her husband and their son. and reexamining the protocols onset. david: the questions whether the protocols were violated. an assistant director, i'm told and again, i don't know this, but i'm sure the folks out there know it, an assistant director shouldn't have been dealing with a gun. it should have been the prop master, somebody who is specifically authorized to do it. that's not in the purview of an assistant director from what i know. >> right, and there's also an armorer onset. there are those whose job it is to go through these props. and there's also some-- a lot of directors have been sharing their thoughts, james gunn, and expressing shock at what happened and said now we should ban the use of blank in guns and use muzzle flashes in post. a membero went out on "the rookie", effective immediately banning all gunfire onset with air soft gun with cgi muzzle flashes in post. they're trying to reevaluate. what they can do while the investigation is underway into what happened in this tragedy. david: again, there have been incidences before. there was bruce lee's son, another actor who died supposedly handling a gun that supposedly had blanks in it. one had thought that these protocols had already been worked out. alec baldwin, they say that the people in charge of the film, may bear some responsibility. here again, i don't want to point any fingers here, alec baldwin's role, in addition to be an actor, but a producer. >> yes, as a producer he does have responsibility behind the camera as well as the film. david: no question-- or no answer, whether there's a criminal investigation begun on this? >> right, not at this point. david: all right. and so, we do -- i mean, the bottom line we wish everyone well. our hearts and prayers going out to first of all, the family of those killed and injured, but also to the people involved, it must be tragic for everybody involved in this. nobody certainly nobody wanted this to happen. thank you for being here ashley, good to see you. >> of course. david: we will be right back, stay with us. at heinz, every ketchup starts with our same tomatoes. but not every tomato ends in the same kind of heinz ketchup. because a bit of magic unfolds when there's a ketchup for everyone. >> and before we go, i wanted to let you know that neil is going to be back next week. we want to send a special thanks to everybody who has been sending him well wishes after he tested positive for covid. as he has said, luckily, he was fully vaccinated so it could have been a lot worse. he has had some issues in the past, but he's feeling, as far as we know, everything is going great. so thank you for your letters and tune in next week to catch him on coast to coast on fox business, weekdays at noon eastern and on "your world" on fox news channel at 4 p.m. eastern. thanks for joining us today. keep it right here for all the breaking news. have a great weekend. ♪♪ >> it's a dead heat in the virginia governor's race. jerry mcaulliffe is turning to the star power. i'm molly line. griff: i'm griff jenkins. we're starting with the race, our mark meredith is in richmond, virginia, voters have just 10

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