eric sean. alicia: and i'm alicia acuña in for arthel neville. two big stories we are following closely this hour. national school board association apologizing for a letter sent to president biden that likened protests by some parents against school policies to domestic terrorism. following that letter, attorney general merrick garland instructed the fbi to take the lead on a task force to address threats against school officials. and we are learning new details after alec baldwin accidentally shot and killed a director of photography with a prop gun on a movie set. we will hear the 911 call. we have live fox team coverage, alexandria hoff from the national school board association and matt finn on the tragic baldwin shooting. live in virginia, hi, mark. mark: alicia, good afternoon, democrats are deploying the biggest names throughout the common wealth to try to race support for terry mcauliffe, former chair of democratic party and someone struggling get back his old job as he races for the governor's mansion. on the stage is the sitting governor of virginia ralph northham who not too long ago was considered dead man walking and we are expecting to hear from former president barack obama. he's one of several heavy hitters who have been trying to get voters out and get them excited about this race in off-year gubernatorial statewide election. we did hear from -- i'm sorry, we heard from vice president kamala harris on thursday. she was trying to rally those supporters making it clear there's a lot on the line in this election. >> we are here right now to make sure terry mcauliffe is elected the next governor of the great and the common wealth of virginia and we will not be the distracted. we will not be dissuaded, we will not be deterred, this election is too important. mark: democrats are trying to paint the republican opponent glen youngkin as the next donald trump, but youngkin has kept time and energy focused on other issues like education. his own poll numbers on the education issue, they are surging in recent weeks and today while he launched he's trying to hone in the message one more time. >> we are going to teach all history the good and the bad, we are not going to air-brush our history. [cheers and applause] >> but what we are not going to do is teach our children to view everything through the lens of race. mark: and we have certainly seen all of the democratic establishment in the state party as well as the national party trying to come out here to try to get people interested in this race. it's going to come down to turnout according to democratic officials. we are going to see another big event next week when president biden is going to be hosting an event for terry mcauliffe outside of washington, d.c. and wasn't that long ago that we saw the president stump from mcauliffe and weeks later saying it was the president's low approval ratings that was hurting him in this race and we have seen in latest polling it is neck and neck right now. both candidates tied and will come down to the final stretch, alicia. alicia: it's going to be intense couple of weeks. mark meredith, good to see you. eric: national school board association now apologizing to its members for the tone of the letter the biden administration last month, quote, threats and acts of violence at school board meetings to quote domestic terrorism and letter raised what faced in contentious board meetings. hi, alexandria. >> the association is now walking back some of the harsh language used in the letter saying that there was no justification for it and follow-up to members the nsba apologized for initially relating the actions of some parents to, quote, domestic terrorism. attorney general merrick garland has also been forced to play defense as many saw the federal involvement as an effort to silence parents who were concerned about covid-19polis in school curriculum. >> we are not investigating peaceful protests or parent involvement in school board meetings. there's no precedent for doing that. >> one example the nsba originally gave of a threatening parent was scott smith who was arrested at a loudon county virginia meeting and claiming for answers after daughter was reportedly sexually assaulted in a bathroom by male wearing a skirt. >> i believe that they had full intentions on trying to shut that thing down early because every time we clapped or tried to support somebody we got scolded for it. >> and republican candidate for virginia governor glen youngkin who you just saw there has called for an investigation into the school board's response in the nsba new apology note they state, quote, we deeply value not only the work of local school boards that make important contributions within our communities but also the voices of parents who should and must continue to be heard. the source close to attorney general garland tells fox news the ag is pleased with the revised letter as he's solely focused on preventing violence not labeling parents domestic terrorists. eric. eric: youngkin hammering away on this. alexandria, thank you. alicia. alicia: for more on this, let's bring in nicky neely, president of the national grassroots group parents defending education. thank you so much for being here, nicky. first can i get your reaction to this apology letter? >> sure, well, for starters i think it's too little too late. they should have never sent it and in the freedom and information act documents that we obtained it shows that the national school board association actually didn't give their board a heads up so it races big questions about how this went through and we also have an e-mail from the executive director chip that notes that they have been in talks in the white house for several weeks before this and the letter that they sent on september 29th actually contained material that the white house specifically requested and so it raised huge amount of questions of what kinds of coordination were happening behind the scenes, who asked for this letter and then how did the department of justice was able to turn this around so quickly. alicia: just so folks understand here. when the original letter came out and sent to president biden by nsba, you are the one that filed the freedom information act request otherwise known as foia and what you found was quite a trial especially in light of the apology and the reporting that merrick garland is pleased with it. >> right, and you know it's one thing for the nsba to apologize to their members. we have heard just from a whistleblower that 43 of the state school board associations had expressed concerns directly to nsba leadership about how this went down. i asked the nsda to confirm or deny that, they didn't respond to me. beyond that, what about the parents, what about the millions of parents who were labeled domestic terrorists in the organization, we demand an apology as well and the fact that the department of justice went and used this letter as a pretext to call in the fbi and the u.s. attorneys, i'd like them to walk it back too and we haven't heard that yet. i'm still waiting. >> in the apology nsba says, quote, we are engaged in a formal review of our processes and procedures. we will announce specific improvements soon to ensure there's improved coordination and consultation among our staff. our board and our members across the country. the review will include not only the proceedings leading to the letter but also other related concerns raised by members even before the letter was sent. nicky, that last line about other concerns is interesting considering how badly the hornet's nest appears to have been kicked here. >> we asked school board association for their comment and we heard back from 21 states across the country and two states in particular, louisiana and florida expressed in their letter that they sent that they had not paid their dues yet this year, that they were very unhappy with the leadership and how management decisions were being made and they withheld decisions and a lot of states are considering whether they want to remain a member of this association and so i'm not sure if nsba leadership knew what they were getting themselves into but shows that there needs to be house cleaning from the top. alicia: for parents watching at home and they are seeing how politics has become just another threat in this entire fabric of just educating kids, there's been a pushback here, but what should parents do, they want to get involved but they see the mess that's been created? >> i mean, i think what this shows is that, you know, 19 million-dollar trade association with direct links to the white house is no match for a group of mad mobs. you know, people have their -- there's strength in numbers. opposition to these ideas and how these things are being shoved down our throat, it crosses party lines and crosses racial lines, ethnic lines so there's a groundswell of opposition that's going on and i'm really optimistic that if people keep pushing, we can affect significant change. i think this wave is going to continue. alicia: something to be said that you took the time to track down all of the information. very enlightening. president of parents defending education nicky neely, thank you very much for joining us today. eric. eric: alicia in new york the race to elect the state's next governor entering home stretch now. republican candidate former state lawmaker and run to go deny democrat incumbent phil murphy a second term. the next governor's main concern should be taxes followed by jobs, you know, the state has long had the highest property tax rate in the nation. the poll shows governor murphy leading by 6 percentage points. former president obama set to good afternoonian for governor murphy later on today in newark and president biden set to be there next week. 911 phone calls have been released including alec baldwin. the reports are emerging that there are lots of issues on the set involving gun safety, working conditions so much so that the crew at one point walked out. matt finn in the los angeles bureau with the latest tragedy. >> the latest from santa fe office, so far no criminal charges have been fired. accidental shooting is under investigation and here is a portion of the 911 call shortly after alec baldwin shot and killed a cinematographer and hit a director. >> what's the case of the emergency? >> two people accidentally shot on a movie set by a prop gun. we need help immediately. >> so was that loaded with a real bullet or -- >> i cannot tell you that. we were rehearsing and i went out, i ran out. the camera woman and the director -- >> court records now revealing an assistant director handed baldwin the loaded weapon but announced that it was cold. the la times is also reporting a prop gun misfired a few times onset before baldwin's fatal shooting including two rounds followed by baldwin's stunt double from a gun he was told was not loaded. half dozen workers walked out to protest conditions before shooting. actor baldwin fired the prop gun accidentally hitting halina hutchins who was killed. she was considered a rising star and advocating for conditions on the set. director is expected to be okay. here is a call of halina hutchins who forgave people for their mistakes and challenged them to be their best. >> really generous, really talented, really upbeat. there's never no from her and i think it was this kind of easy going personality at the same time working with her, it's like incredible work ethic. >> baldwin has since tweeted that he has no words to convey his shock and sadness regarding the tragic accident and he's cooperating with police. we will keep you updated on this investigation, eric. eric: thanks so much. alicia. alicia: fda researchers say pfizer's covid-19 vaccine is highly effective at protecting kids age 5 to 11 from the virus and that its benefits outweigh any side effects. the panel of outside experts will meet next week to advise the fda on whether or not to approve it for children. if it is approved the cdc would then do its own review before making recommendations on who would receive it. eric. eric: alicia, president biden delaying the public release of records a lot of people want out related to the assassination of president john f. kennedy. the national archive saying that the coronavirus pandemic has kept it from preparing and releasing material that people want. the most sensitive information they say will be released in december of 2022. of course, president kennedy was assassinated while riding in a motorcade in dallas on november 2nd, 1963. former marine lee harvey aswald and shot and killed later and seen on tv as he was gunned as leaving police headquarters and comes as congressional request is awaiting that from new york congressman lee zeldon to release all disappearance document of hoffa. it was believed that he's buried in new jersey landfill with tens of thousands pages from that case remain redacted and that congressional request still waiting all part of series riddle, the search for james rhoffa that you can stream on fox nation right now. alicia. alicia: the white house defending president biden's failure to go to the border as new numbers show a record number of migrants encountering -- encountered entering the u.s. over the past year. next, national border patrol count cuero on what needs to be done on the handle of the crisis that's why they customize your car insurance, so you only pay for what you need. 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road block with mexican national guard and security forces. they literally just like a hot knife through butter just pushed through the soldiers and police forces and it wasn't much of a road block at all. thousands of the migrants able to run right through it and continue on with their march, again, this is a brand-new caravan heading towards the united states as we speak, take a look at the second piece of video showing when the caravan first started marching earlier this morning again this is tapachula mexico which is southern part of mexico. thousands of them being led by an activist who essentially says that the biden administration's policies are kind of like a cattle call to migrants enticing them to come to the border so they are starting their march, they are going to do so. this march is apparently so well organized they have qr codes for people to participate in them and they're carrying around american flags, they had banners that said joe biden for all. this is dhs sources have been telling fox news you can expect tens of thousands of migrant to start showing audiotape at the border within the next week or so and earlier today former dhs secretary chat wolf himself basically said it's the administration's messaging that is enticing so many of the migrants to risk making the journey here, take a listen. >> the message from this administration is clear that if you come to the border and you get across the border, you turn yourself into border patrol and you'll be released into the united states and that's exactly the wrong message we should be sending. >> take a look at the tweet put out last night by the u.s. consulate in matamores, mexican city directly across from brownsville, texas, apparently there was series of gun battles between mexican drug cartels and mexican security forces in matamoros last night because they were instructing personnel to shelter in place, because of the gun battles is that the cartels had road blocks set up in matamoros which could lead to some more fighting. such heavy gun battles and people have to shelter in place and that's directly across from the u.s. city of brownsville, we will send it back to you. alicia: bell, in la joya, texas. eric: the migrant arrests have been reporting at record level and finally did acknowledge thursday during the cnn town hall with anderson cooper that he probably should make a visit himself to the southern border. >> do you have plans to visit the southern border? >> i've been there before and i haven't -- i mean, i know i well but i guess i should go down but the whole point is i haven't had a whole lot of time to get down. eric: so will a presidential drop in resolve the crisis? national border patrol council in tucson. all right, you just heard the president say he knows it well. a lot of controversy before. there was a drive-by in 2008 does that even matter? >> you know, i don't really know much about why he hasn't been down here. he appointed kamala harris as the border tsar and i know she's been down, she came down to get a quick bite to eat and have something to drink and then headed back to dc but there hasn't been no changes whatsoever and it's pretty drastic right now and it's chaotic and, of course, we are seeing what's happening south in mexico with the cartel violence. this administration has most serge handed out an open invitation for people to come into the country and be left alone but what that has caused if people don't get it, it's a domino effect. it's caused the drug cartels to understand what's happening and realize that they can put a bunch of individuals in one specific area, move border patrols to that area. now they have to preoccupy themselves with processing all the while the drug cartels are having a bonanza by crossing the drug into the united states. eric: cat and mouse, they are doing this strategically? >> it definitely is and falls on this administration because they started -- they started during their campaign, during their campaign, what they were speaking, hey, come into this country, if you basic our laws, we are not going to force them when it comes to immigration, the drug cartels, they have very much aware of that so they know flood one area so we have a pretty much open gate to enter and bring in all of the drugs into the united states and people need to realize these drugs aren't staying on the border towns. they are going to different parts of the united states and we are talking about drugs like fentanyl, heroin and methamphetamine. that's what's coming into the u.s. and falls on the hands of the current administration for opening up the flood gates. eric: we are looking right now on what the part of the wall that now, of course, the administration is refusing to build on the la joya part of texas. the administration says they have turned back 54% of the migrants that have come but, art, you have a point. they have released a quarter million, 250,000 according to government statistics in the country. estimates of 400,000 got aways and that ice agents make an average of get this, one arrest, one arrest every two months. is that any way to try and deal with this problem? >> well, you know, when you mention the got-aways, that's what's important. there's no scientific proof of how many got aways there are. that's just a guess and it's been shown in the past that that guess is way lower than what actually is coming through. and those are the individuals that are coming through in the gaps because the agents are having to be proved to process family units. those are the individual that is have prior criminal backgrounds, prior, you know, problems that they've had in their own country and there's no way for us to find out who they are, where they are coming from or even how many are truly coming into the united states. >> and finally -- >> that's part of the problem and it's a big problem. eric: finally, not only who they are, 160 countries according to the annual report, the migrants -- that's almost all of the countries in the world. 190 members of the united nations. other, syria, iraq, china, what is other and how concerned should we be about other of people who from all over the world are coming into our country through mexico? >> we definitely should be concerned with every individual and, you know, i'm often told we are arresting mexican people who are coming through the border, how racist of those individuals to say those words when in reality we are arresting individuals oh who are coming into the country, breaking immigration laws from all over the world, from 160 countries but once again, the big concern aside from everything else, the drugs, the meth is those individuals that are coming across that we don't know about. we don't know how many, we don't know what country and we definitely do not know their intentions. but i can tell you if you're sneaking into the united states in the middle of the night trying to get apprehended, i doubt that you have good intentions for our citizens. >> that's for sure. we will see if, indeed, the president does visit the border soon. art, good to see you, thank you. >> thank you. alicia: key ports facing backlash, how can this impact the holiday shopping season? ♪ ♪ ♪ ♪ >> our nation's biggest ports still struggling to handle record volumes of cargo coming in from other countries and that's leading to an unprecedented gridlock of shipping containers offshore. this is drivers are feeling the pain at the pump as gas prices soar to levels not seen since mid-2008. we have live fox team coverage david lee miller on the rising gas prices nationwide but first david spunt live in wilmington, delaware where the president is spending the weekend, good to see you, david. david: good to see you too. president biden and senior aids and most people in the administration are keenly aware that this supply chain problem is more than a problem in many ways it could be discussed as a crisis and the consequences are expected to go far longer than the holiday season. we are talking about early, early into next year if not into mid-2022. we've seen images, alicia, of the cargo ships that are lined up in a virtual parking lot off the coast of california waiting to deliver goods. it takes several days to unload a ship. there's really still that trucking shortage too. it's a problem and president biden was asked about calling in the national guard to solve the problem. listen. >> would you consider the national guard to help with the supply chain issue. >> yes, absolutely. positively i would do that. >> but the next day white house press secretary jen psaki took a sharp turn from what her boss said the night before, listen to this. >> but it's not something under active consideration. david: as for deal on the infrastructure and social spending bills, that's been going on for months, the negotiations. the president optimistic publicly, joe manchin and kyrsten sinema continue to hold the cards as president has come down significant from original 3 and a half trillion dollar figure. key issues actively being negotiated are the climate priorities, corporate tax hikes and child tax credits. problems also continue i heard you and eric talk about it last break at the southern border, a new caravan making its way north to our border. the president is being criticized for saying that he's been to the border, we've looked, we cannot find any such trip other than that 2008 trip to el paso where he motorcaded from texas to new mexico. jen psaki, the white house press secretary did point out that over the years president biden or senator biden, vice president biden, whatever he may have been at the time did visit several countries south of the border but as far as finding an actual border visit, we have yet to find one, the white house has yet to provide an example. alicia. alicia: okay, david spunt, thank you. eric. eric: drivers coast to coast will be digging deeper into the pockets to top off the tanks. gas prices soaring, according to aaa average gasoline is 3.38. that's up more than a dollar from this time last year. david lee live at the gas station in new jersey, the garden state historically is lower prices than its neighbors but i guess not anymore, hey, david lee. david: if you think prices of gases are high now wait until the holiday season. analysts expect prices to go up in one direction and that's up and they are at a 7-year high. here in new jersey triple a says average price for gallon of regular is now 344, one year ago in new jersey, that same gallon cost you 2.24. one reason for the spike in prices is an increase in demand although prices usually drop in the fall. this year is different with more people traveling as the economy returns to normal. president biden this week blamed opec for the soaring prices, some analysts say there are other factors to consider and argue the u.s. should encourage increased domestic oil production. >> i think the best way is to have president biden reverse course, send the signal to the rest of the world that the u.s. energy producer is back. send the signal to opec that because you're restricting supplies, we are going to get off the back of the u.s. energy industry. david: state with lowest gas prices in the country, that is oklahoma where it's about $3 a gallon, californians pay the highest for gasoline, average 4 and a half dollars but some drivers are paying significantly more, a remote gas station along the california coast is charging 7.59 a gallon and that's for regular premium will cost you nearly a dollar more, eric. eric: in new jersey it's illegal to pump your own gas, the only state in the nation where you can't go fill up yourself. amazing. david lee, thank you. alicia. alicia: i'm still reeling from 7.59 a gallon. with the peak shopping season right around the corner and empty shelves and the backlog of cargo ships at our nation's ports are fueling worries of a not so very merry christmas. president biden said he would keep the ports open but our next guest says saving christmas is too little too late. i really cannot imagine a better guest to discuss the situation that families are going to find themselves in because you know of toys. you invented the bratch dolls and lol dolls. >> good morning, alicia, thank you for having me on the tv today. i have been making toys for 43 years. we make toys like this dream lol doll, $9 for every budget all the way to 100-dollar toy. [inaudible] >> all merchandise is sitting on the factory floor, in the ship in listening beach and la and they are not going to make it for christmas. there are 62 days left for christmas. now this is something that everybody should have known of -- about. i openly and publicly talked about this. in february of last year. where was this administration and why they didn't take it seriously and we are here now, it is too little too late. a lot of merchandise not just toys are not going the make it underneath tree for christmas and that hangover is going to go till next year and it's going to be a disaster that will continue and it's not just the shipping backlog, it is the run away inflation, it's the lack of labor. we cannot get labor. we own largest toy manufacturing still in the usa right outside of cleveland, ohio. we cannot get labor to work on those -- on those factories. so this is -- this is the big, big problem that we are not going to be able to resolve for a long time i'm afraid. and then, you know -- >> alicia: i just have one question. at what pace the your merchandise moving to american towns and cities? >> it is moving at a very slow pace. we are going to be able to supply 60% of hot toys this fall and we have the hottest toys. we only going to be able to supply 60% of what the demand is because they simply not going to make it on the shelves. as you have -- >> alicia: you sound very frustrated but i just want to know, like, there are people watching out here who have been told they should be buying their presents now or the last couple of months. not everyone can afford to do that and a lot of people are waiting for day after thanksgiving for sales and for some people it's not realistic, what do they do? >> unfortunately i have to tell you that, again, as i mentioned before, we have toys for every budget. i mean, the dream lol dolls that are fantastic, they are only $10, $9 retail actually, down from 200-dollar toys. i'm afraid that most of the problem is going to be gone, dried out after thanksgiving and not a lot of discounts. as a matter of fact, prices go up. i see toys, lol toy, rainbow, retail 124. coming christmas that toy is going to go to $200. alicia: isaac larian, we appreciate your expertise on this. have a good one. >> thank you for having me. eric: montana's governor asking the biden administration to staff resettlements of afghan refugees after evacuee is charged with committing rape. he will join us next and tell what you say the u.s. should do. charged with rape in montana accused of sexually assaulting a woman. montana's governor now calling on the biden administration to pause all afghan refugee resettlements because of this. montana republican congressman matt. congressman, thank you for joining us. you point out that this suspect was not subject to the 14 step, 18 month to two-year vetting process, what are your concerns in light of the alleged crime? >> that's exactly right. i started raising flags about this 2 months ago, eric. we knew that this administration was going to use this withdrawal from afghanistan as an opportunity to bring a bunch of unvetted refugees into the state. 97% of the refugees that came out of afghanistan were not, were not vetted whatsoever and they were granted only status, this is the problem. that's why i fought legislation for to address this very specific problem. first of all, my legislation is called the secure america act. it would eliminate the ability for the secretary of homeland security to even utilize the parolee status and next charge homeland security and fbi with thorough vetting process and not only establish criminality but also to determine whether folks were going to be able to assimilate in the country easily, make sure that they didn't retain any deeply held beliefs or ideologies that were at odds with our constitution of the rule of law. the next thing that it does is gives congress the ability of reclaiming authority to set the caps of number of refugees that will come into the country each year and then as we were talking about governor, making sure that the governors had final say on what the refugees did or did not enter into the state. eric: sadly this is not the only state. in wisconsin two afghans have been charged, one with sexual act on a minor and attempted sex act on a minor after fort bliss. refugees attacked a female soldier and another one of someone assaulting wife, strangling and suffocating wife. what is the difference between as you say the vetting and parolee. they paroled into. what type of vetting do they have under that poorly system? >> this is the problem, eric, when you're a parolle you were vetted, that's the definition of the parolee and they were air-lifted out of afghanistan and nearly 40,000 of them were brought to the military basis around the country and we don't know what they are, they have not been vetted and that is why we had to stop this. i've testified in front of judiciary just yesterday and chairman nadler asked me, what are we supposed to do? i say that we need to send these people back to either afghanistan, some areas that share their culture that they can stay, they can assimilate and then able to get reestablish in afghanistan, it's much easier for them to return to their country of origin. it does not make sense to bring all of these people that have the dramatic differences in culture and -- and criminality that we haven't been able to determine to bring them into our country. do you know that when the defense attorney walked into the courtroom the first thing he said is that we think that the barrier of the cultural and language barrier played a major role in this young lady being raped. i find that deeply, deeply disturbing. eric: and finally, in light of that congressman, those who say, a few bad apples don't ruin the whole bunch and this is isolated and when you consider the whole range. your reaction to that? >> we don't know. that is the problem. 3% of the refugees had begun the siv process and that takes anywhere from 18 to 24 months as you stated. it's a 14-step process. 97% of the refugees had nothing done and they're being released into our country and once they are located on the bases, they have the ability to leave the bases an roam freely around the country. when the police took the gentleman up he said he was a world traveler. eric: congressman, cut off by the clock. i thank you and we will be right back. alicia: an autopsy has come up conclusive. charles watson live in north port florida with the latest, hi, charles. charles: hi, alicia. we are seeing a lot more activity today. a lot more than usual outside of a laundrie home so far. we have seen brian's father, chris, the most interesting citing chris coming out of home and hammering several signs into the lawn reading private property, no trespassing and another time somebody said sorry for your loss and he said, thank you and quickly went inside after collecting mail and we have seen flower bouquets after authorizing finding remains in park and law enforcement had been searching the area for brian for more than a month as he was considered a person of interest in the murder of his girlfriend gabby patito and in the meantime questions about what the parents knew. landrie family attorney dismissed claims and conspiracies that the family planted evidence or knew where to find evidence as baseless. eric: all right, charles. alicia, charles watson obviously in florida. we will be back by the way at 4:00 p.m. eastern time with much more and it's interesting, alicia that gabby's photo or portrait on the front yard of the laundrie home. ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) .. ♪♪ paul: welcome to the journal editorial report, i'm paul gigot. democrats trying to salvage their plans to have banks report customer account information to the irs under a revised proposal, banks would be required to provide data the on accounts with total annual deposits or withdrawals worth more than $10,000 rather than the $600 threshold that was proposed at first. billed as a way to catch high-earning tax cheats, democrats say the reporting is necessary to clo