classic kicking off tonight on fox. todd: i did a little research, if they don't hit it, they will lose because hitting it is crucial to winning in baseball. jillian: you run, you will lose. todd: you are watching "fox and friends first" tuesday morning. jillian: a lot of factors in play. let's begin with the way the president is selling his $1 trillion spending bill, whispering or yelling when trying to convince americans it won't cost a cent. todd: lauren blanchard has a range of voice work, no whispering, no yelling, nice and steady, the president's approval rating falls to a new level. >> reporter: i don't know whether to turn the volume up or turn the volume down. president biden hopes to pitch for the build back better bill comes across loud and clear but what the bill doesn't how much it costs is still confusing many. >> what are we doing? what in god's name are we doing? we pay for it all. it doesn't increase the deficit single sent. >> reporter: yesterday the president pitched the bill again and waited into the governor's race, whether house democrat phil murphy's poll numbers, we see in one week because president biden's approval rating has dipped to a new low, he is at 543.6% approval. donald trump was at 37.5, president obama was at 52.5. president biden's loan of his comes as the parties stuck in congress. according to republicans the president's trillion plus dollar bill will bring price increases for the average americans, corporations past their federal taxes to consumers and that for months of negotiations within the democratic party there does increasing optimism, senator manchin is warming to a deal. >> talking to everybody we have a good understanding of each other now better than we ever had. >> reporter: president biden will head to virginia to help terry mcauliffe. education as a top issue. glenn youngcan who believes in parent choice in schools has been able to close the poll gap against mcauliffe the criticized parents who at times have violently protested against school board mandates. >> when virginians stand up and take a state that has been blue and a republican governor make a statement that is are not just about the country but around the world. jillian: there's gop support for parents on capitol hill where republicans of called on the justice department to retract a memo about parent protests and later this hour, lawrence jones will be chatting it up with earlybird diners in loudoun county, virginia. i'm excited to get a cup of coffee. todd: the president's build back better plan is the cornerstone of his agenda. senator marsha blackburn says the goal of it is to make americans rely on big government. >> they will continue to try to pass this but it doesn't matter if it is $5 trillion, $3 trillion, $1.5 trillion or $1 trillion. it is a lot of bad programs, it is a socialist agenda and they want to take one vote and in that one vote have government control of your kids, the ability for the federal government to monitor your bank account in real time, they want government control of healthcare, the green new deal, they want all of these expanded services and programs. what they are trying to do is make the american people totally and completely dependent on the federal government cradle to date daylight to dark. >> remember when nancy pelosi said the media needed to do a better job selling the biden agenda? cnn appears to have listened. giving this new analysis of how the biden bill will, quote, change your life. >> alec baldwin's wife breaking her silence after the actor accidentally kills a cinematographer on a movie set. paying tribute to the victim and her family on instagram writing, quote, it is impossible to express the shock and heartache of such a tragic accident was a warrant reveals during rehearsal, baldwin pointed what he was told was a cold gun at the camera when it went off. his gun and costume is evidence. >> a mom and her boyfriend, despite three young children being found living alongside the remains of their dead brother. that night-year-old passed away a year ago. those kids were found abandoned living in deplorable conditions. 5 minutes after the hour, to the texas state troopers, found a group of migrants trying to sneak into the us by hiding initiative new cars. >> in 7 mexico a massive migrant caravan is on the march. griff jenkins on the ground with a group that includes people from as far away as nigeria, hoping to reach the united states. >> after three days, 25 miles north of where they began but this basketball court is where the migrants are spending the night before they march again early, they are from all over the world, that's what is different about this caravan and we met some migrants from far away as nigeria. where are you going? >> i am going to the us. there was a crisis in my country, my family members and how to run from a life. todd: are you worried about being deported? president biden's administration says migrants can't cut illegally. >> in nigeria, i believe he is a good man. very accommodating and - todd: be safe. one more look in the migrants cam. organizers say they will be marching again, to make it another 25 miles north to get to the us border. todd: thank you. jillian: a live look at capitol hill as the houseboats to honor the 13 us troops killed in afghanistan with congressional cold metals, they were killed in an attack of the kabul airport in august during the us's withdrawal from kabul. the resolution received massive bipartisan support. todd: in virginia a judge finding a teenage boy guilty of sexually assaulting a girl inside a heiskell restroom. parent say the attack is the result of the loudoun county school board allowing students to use restrooms based upon how they identify, not a gender at birth. the school board denies knowing about the assault despite a leaked letter that the superintendent was informed almost immediately, the student accused of the second assaulted a different school months later saying he will be sentenced after a ruling a second case which is expected in november. >> trapped after the state government declined visa applications, she joined us to talk about the challenges she continues to face trying to bring her family home. >> my family has religious exemption and we do not want this. other families are stuck here as well. baron country for a month to get the second dose before they can even get home. >> that mother telling us she has seen viagra say -- vaccinated migrants shuffled to the southern border. adopted families remain stuck in the rigid policy. it is 8 minutes after the hour, thousands take to new york city to protest vaccine mandates, city workers are faced with a tough decision. >> congresswoman ilhan omar facing backlash blaming minneapolis police for a rise in crime. how does she figure that? tomi lahren tries to make sense of it all. >> joe concha, lawrence jones, congressman rob whitman are online. bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ think wearing less makeup means no need for a wipe? think again. neutrogena® makeup remover wipes remove the 30% of makeup ordinary cleansers can leave behind. your skin will thank you. neutrogena®. for people with skin. todd: as president biden grapples with low approval ratings over the weekend americans are demanding action is another migrant caravan makes its way to the us. jillian: joining us is tomi lahren. i did to pull up some video and first thing you note is migrants carrying something that says biden for all. that in itself tells the story. >> president biden got the popularity he was looking for but it is from illegal immigrants looking to bust in and invade our country, that is where he is the most popular president in us history, for those seeking to come through illegally but president biden's record low numbers. it has always been a sacrificial lamb to ramrod through the radical socialist agenda. he has always been a puppet for them. we see how his performance imimpacts other democrats. and wonderful america first republicans to replace them. todd: 73% of americans are concerned about the border crisis. even if biden doesn't care, don't you do something to set up your party for some measure of success? to your point, if this continues between now and next november democrats are done in the house and senate. >> i think democrats are more concerned about longer game, concerned with getting as many, we are seeing their priority being amnesty. they tried time and again with the reconciliation bill trying to ramrod amnesty, i don't think they care about the american people in their perception of the border crisis at the border invasion. they are more concerned with setting themselves up to future voters, their coming outside the border into the country and democrats are prioritizing making sure they get the amnesty and voting rights in years to come. >> take a listen to what ilhan omar has to say is to blame for the violence and crimes like we've seen in minneapolis. >> reporter: the public safety to the citizens. >> the police have chosen to fulfill their oath of office? >> reporter: the democrats have largely socialist one of the democrats like ilhan omar, aoc and others call the police racist and tell them not to come to certain community use and when they come to communities not because they don't want to be or want to fulfill their duty but they have been demonized and defunded to the point they are not able to perform to the best of their ability. the democrat party is at an important crossroads, manchin and kristen sinema who want to see the country succeed or continue down the path of the ilhan omars and rashida tlaibs and corey busch. as much as i love america first republicans to sweep the seats and take power and control i hope this would be an opportunity for true moderate democrats to realize their opening and they can contribute to getting the country back on track. i hope they stand up for the country and their community. todd: they get pushback when they do anything, manchin and kristen sinema, we will see if that happens. >> good to see you. jillian: 17 after the hour. the president tells a group of children this about reporters. >> president biden: these people are with you all the time and you try to figure out how to avoid answering them sometimes. todd: the president admitting he tries to avoid questions as he tries to limit media access. show concha cannot avoid our questions. there is a roll of 20s ready to go. you better accept. ♪♪ hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. 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muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects see for yourself at botoxcosmetic.com >> president biden avoiding questions from the press, and up to a group of kids, elementary school kids. >> you see these people here, with you all the time. and then you try to avoid answering them sometimes. >> >> and and don't want the next generation thinking the media is bad. is it necessary? >> he wasn't joking, he firmly believes he should not take questions from the press and numbers show it. it has been 100 days since president biden has done a solo press conference, nine weeks since the president sat down for a one on one interview. donald trump done six times as many interviews, the plan appeared to be don't take questions from mostly from the press into public crises go away on inflation, supply chain crisis not going away until 2023, violent crime in american cities, border that is anything but secure, hundreds of americans left behind, pretend these aren't happening with the american people know they are happening, it is real. todd: for a guy with such disdain for the media why does the media cover for him? >> it is force of habit perhaps. i see on other cable networks, adam schiff selling a book, members of commerce shouldn't sell books when they are still in congress, that is both sides of the aisle. and focus on donald trump, instead of focusing on what matters to the american people like gas prices at a 7-year high that we feel, inflation we all feel, crime we all feel but that is too complicated. pick a side and go for that. todd: a segment calling for reporters to cover republicans differently than they do democrats. >> a thought-provoking column in the los angeles times, journalists are failing the public with both sidesisms and political coverage. >> you say you reported something that is somewhat critical of republicans you have to say but both sides do it, democrats are guilty as well. todd: it seems to be literal proof of the disdain the liberal media has for literally half of our country. >> the best unintentional comedy, jim acosta, to cover republicans, that is happening for some time especially on his program, media matters with a microphone and if fox news didn't exist as soon as you were born this program wouldn't exist in many media reporters would have nothing to talk about because that is their focus. there isn't one objective observer of media would advocate covering one political party different but this is cnn's m oh when he took orders from the white house and didn't ask one question about afghanistan of president biden at townhall the only friends and relatives watched and the reliable sources host likely approves of cnn having 7 democrats ask questions of president biden during the townhall but only two republicans in the audience afforded the same opportunity. that is totally fair and balanced, this person should not be taken seriously. he's a punchline at this point. jillian: good to see you. todd: a roll of 20s. i am more of a then go guy, electronic currency. todd: we were both from jersey. appreciate your time. let's go to philadelphia. jillian: the ocean city boardwalk. the ocean city boardwalk on ninth street. todd: i have nothing to say to that. >> that part of new jersey, that is ocean city, new jersey. todd: i have nothing to say. fox weather is the future. >> i can tell you fox weather is on your apps screaming, make sure you have got it. brand-new maps. the western storm brought rain across, let's talk about the nor'easter developing offshore of new jersey where we had a live shot towards philadelphia and flash flood concerns, warnings, in a short period of time, the ground is saturated, flooding will be imminent in these areas, 3 to 5 inches for new york, that is impressive and that will come today as people try to get into work. in new jersey, parts of pennsylvania toward upstate new york and new england, that will be ongoing throughout today and the threat for severe weather is the cold front moves through the plane state, potential for hail, damaging winds and tornadoes, your severe storm threat from texas toward kansas and nebraska. some of these areas are likely to get severe weather and tornadoes. a storm in the west continues to bring mountain snow to the rockies and scattered showers across coastal areas of california as well. fox weather. feel like there is always something going on. todd: one more time. >> janice: fox weather, the future is now, available on any apps. what a time today view fox weather. you couldn't make it up. it is 29 minutes after the hour. vaccine mandates forcing first responders out of their job. brian mass joins us next. ♪ ♪ did you know that you don't have to be 65 years old to qualify for medicare? that's right. in fact, many people who are already on medicaid also qualify for a medicare advantage plan. so, if that applies to you, that means you don't have to wait to get access to wellcare's simplified plans, streamlined benefits, and savings. you can start taking advantage of it all right now. better yet, you can do it for as low as zero dollars. because at wellcare, we offer our members: zero dollar or low monthly premium plans zero dollar copays for primary care visits and prescription drugs, dental, vision, and hearing coverage. free grocery and prescription delivery and access to in-home visits and 24/7 virtual visits. so whether you know you're eligible or suspect you might be, call the number on your screen to request our free all-in-one guide to medicare. or visit us online at enrollwellcare.com. wellcare. it's medicare done well. todd: many americans face the decision between getting a covid vaccine losing their jobs as president biden pushes for more mandates. jillian: many taking to the streets to fight back. >> not just the president taking heat for vaccine mandates, to protest mayor bill deblasio's vaccine requirement for city workers. demonstrators say the mayor is overstepping his authority ignoring natural immunity and those who have recovered from covid 19 was the largest nypd officer of the union filing suit to challenge the mandate as deblasio critics say he's casting healthcare workers, advocate is in first responders as the lives, protesters chanting do not comply during the demonstration with ample displays of patriotism. ♪♪ i love this land ♪♪ god bless the usa ♪♪ >> reporter: the democrat mayor receiving his booster shot and dismissing protesters complaints as misinformation. >> so much misinformation out there, you have until friday at 5:00. folks who don't get vaccinated won't get paid. they want to get paid they need to be vaccinated. >> reporter: on capitol hill the republican doctors talk warning about the consequences of mandates for frontline workers rating in part this could have unintended negative consequences on the quality of patient care and workforce shortages. they said given the current state of the pandemic a mass layoff of healthcare employees will be detrimental and undercut efforts to combat the virus. as the supply chain crisis is felt across the nation the american trucking association, 37% of drivers will quit, if facing the vaccine mandate. texas governor greg abbott saying it will only make things worse. >> they cannot have done at a worse time. it is a process with regard to the supply chain. you mentioned trekkers but remember pilots, police officers, nurses. >> reporter: the trucking associations meet with members of the biden administration about the mandates which require workers to be fully vaccinated by december 8th. lobbying to delay the deadline until after the holidays. todd: thank you very much. jillian: the president's vaccine mandate, saying it is the policy out of a dystopian novel. congressman brian mass joins me now. good to see you. hard to imagine we are in a place in the country where people are losing their jobs because they don't want to get a vaccine or can't for medical reasons or claiming religious exemption is being denied, 100 million americans will be affected by the vaccine mandate and that doesn't just affect those losing their job. it affects all of us because if we don't have drivers on the road to be driving trucks and don't have hospital staff to be able to keep the hospital capacity, we are all affected. >> not just those that are already in the workforce. talked about this in terms of the military as well. there are those in the military the don't get vaccinated, they will be shuttled up, president biden wants to give them a dishonorable discharge meaning they can't get a security clearance, go to the fbi or cia or law enforcement but also people in west point naval academy, air force academy or universities, being shuttled out at school as well which affects the future of the workforce and i would say it's not by chance or accident. the left is all too happy to take those levels of government and move out what a predominately conservative self identifying by saying i'm not going to get this forced government vaccine mandate, that means they get rid of all the conservatives, maybe not all of them but a huge swath of them in the state department, the department of justice because they are throwing up their hands saying i'm not going to participate in this massive government overreach and i was ship out and move on and that gives the left the numbers they want in government. jillian: it is not just conservatives, i would argue to watch independents who played a crucial role in a lot of these elections and with midterms next year i would be curious to see where moderates are on this. a lot of people it doesn't matter if you are democrat or republican, a lot of people are facing losing their livelihood and their job as a result. that is another something to keep in mind. i want to talk about your state in particular and what the governor is trying to do, out-of-state police officers who are now out of jobs as a result of the vaccine mandates. how detrimental is it across the state in the country where we have seen violence on the rise. can police forces and cities afford to lose any more police officers. >> absolutely not, they can't afford to lose their officers, they put on a shield the doesn't protect them and makes them a target. and how they are going to defund the police, those places can't afford that but in a free state like florida where we have a credible governor that says we will do what america is all about, to make the best choices for you, we are happy to take those people into our state. todd: we will see how that goes. thank you for your service. todd: still had it is game day, will cain live with a preview of game one. ♪♪ ♪♪ do you struggle with occasional nerve aches in your hands or feet? try nervivenerve relief from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. and there you have it- woah. wireless on the most reliable network nationwide. wow. -big deal! ...we get unlimited for just 30 bucks. sweet, i get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. 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. todd: the braves taking on the astros. jillian: we find our friend will cain breaking down the matchup. are you in astros or rangers fan? >> i'm from north texas. i will look at what happened in south texas, the third world series in houston. i am getting tired of it but the nation looks at houston and houston looks at the nation, you know about the accusations and things that happened after the 2017 world series, they are looking forward with this year's world series, the braves haven't been to the world series since 1999. this is a return, heading to atlanta. it should be an awesome matchup. todd: you mentioned games 3, 4 and 5 in atlanta. potentially three games of their showcase event are going to be in the stadium, and the voting rights law. >> into this conversation what is the right word. major league baseball pools the all-star game in the voting rights bill with three games. and poetic justice, a predict, and for major league baseball, not much they could say or do at this point. todd: what about game one? >> my money is on game one, houston astros, the entire world series by a slim margin. todd: will cain, on fox at 8:00. todd: your critical of my reading of folk screams. she is going to correct you. jillian: a live look at capitol hill. it is capitol hill. what am i reading, social media executives grill over the platforms on children. todd: she is here. >> reporter: so scary too. good morning, welcome back. executives from snapchat, tick-tock, youtube will testify in front of the senate commerce committee saying social media can provide entertainment, educational opportunities these apps have been misused to harm kids, putting it in the hot seat this month. jillian: am i going to be - >> i am serious. the supply chain crisis leads to shortages. one las vegas manager tells you it does not look good. >> due to high demand we can't keep up, to replace this, we've known about this since june, we have ordered heavy but the issue is coming in very slowly. >> don't expect holiday deals. they are likely paying full price, backup supply chains, inflation, labor shortage. todd: the news is not good for turkey day either. >> reporter: prices will have thanksgiving. we seen inflation, consumer price increases for food in particular up 4.6% from turkey roasting pan to potatoes, turkey, expected to cost a lot more, even the pie. apple, pumpkin, take your pick. todd: and? tonight's episode at 8:00 pm. >> reporter: you hear about american dream home? we are heading to gulf breeze, florida, she lost her first home to a hurricane, the market, that is good for them. eddies:30, down to one, at 8:30, to california, dealing with the opposite, a competitive market. every tuesday night for 5 more weeks. jillian: it is a crazy market. totally waving inspections. >> multiple offers, cash offers, speaking volumes, for a deal. todd: the market by 8:00 or 8:30 because the sellers market as a sellers market. thank you. we are one week from election day in virginia. jillian: we have virginia congressman standing by with a look when we return. ♪♪ i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. . . what's the #1 retinol brand used most by dermatologists? it's neutrogena® rapid wrinkle repair® smooths the look of fine lines in 1-week, deep wrinkles in 4. so you can kiss wrinkles goodbye! neutrogena® ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ >> welcome back one week until pick virginia's governor heading there today for terry mcauliffe polls show dead heat with glenn youngkin. todd: lawrence jones breakfast with friends famous toastry in virginia. lawrence, good morning. lawrence: good morning, family. ace told you last when we were at a another diner, it seems like the national politics is really starting to affect what's happening in virginia. and you just got to wonder will it actually help the former governor here in virginia when you have the president that is sinking in the national polls. we reported last week the president has sank 11 points, that is a record when you look at the modern times of the presidency. the number one issue, guys, as you know education has become the defining issue. we have a little bit of insight of what is happenings. we saw that one issue of the girl that was assaulted in the bathroom. that guy was convicted yesterday. and now there is going to be obviously a sentencing for him. we saw a report from the daily wire that shows when parents were requesting to see some of the curriculum, they want them to sign an nda agreement before they can actually see that, that curriculum. got the former president of the united states that came in and essentially says that it is a culture war that we shouldn't be spending time on this. but the parents that i speak to on a day-to-day basis here in virginia. they say it's the number one issue. todd: looking forward to see what you do all morning live. you will be live with breakfast with friends. nobody does better breakfast with friends lawrence jones. outfit is on point. if i try to take that they wouldn't take me once during the three hour breakfast with friends segment. lawrence: only reason why, guys if jillians wasn't here doing it if she was here i would have to give up the title. todd: that's our l.j. have a great diner segment. >> thanks, y'all. jillian: sir, it's good to see you this morning. i want to go ahead and pull up here the latest percentages. you will see it is neck and neck in the race for governor of virginia. my question to you is, do you think president biden going down there to stump for mcauliffe is going to do anything to though notch these numbers up a bit or move them at all. >> well, listen, i think president biden and the things that he has done and how unpopular they are in virginia could indeed move the needle. not in the direction that i think the democrats want it to move. just as has been said by lawrence and others, this race is about education. but it's also about the economy. it's also about public safety and when terry mcauliffe says that i don't believe that parents should tell schools what to teach, that has hit a nerve with families. they are adamant about who is in control of what their children are taught. and who should be directing what happens within their school systems. i think that's a key issue. and parents are fired up. i traveled around with glenn youngkin on saturday. i was out knocking doors. asking people to come out to vote for glenn on saturday. i have never seen this level of enthusiasm. and this level of concern by families across the state what they see happening both with terry mcauliffe and his words but also what they see happening at the national level. what's happening with the biden administration. what's hang here in congress with nancy pelosi in control as people deeply concerned about our nation. that's translating over to this race in the commonwealth. todd: you mentioned around the commonwealth of virginia. what you are telling me this issue of education is resonating outside of your loudoun and fairfax counties. it's resonating throughout the state. >> it is. we hear from the smallest rural counties to population centers like loudoun and elsewhere. people are concerned about this. they understand that it's parents and families that should be in control of their children's destiny. their children's education. instead, they don't want to hear that it is a bureaucrat or unions that are in charge. that's really a concern of theirs. todd: my quick follow-up. will that be enough to put glenn youngkin over the top next tuesday? >> i think it will. i think this issue and him wanting to empower parents. his record on building a business and being strong on the economy and his record on strong support of public safety, i do think that pushes him across the finish line to victory. jillian: all right. let's talk about this for a second. you are one of 11 lawmakers to send a letter to the president and defense secretary austin on the vaccine man datsd and quote we strongly urge you to reconsider the manner in which you are seeking to address this issue so as not to harm the livelihood of civilian contractors, industry partners and strategic goals of our armed services. can you tell me why this so important to you and why you decided to get on board in sending this letter to the president and if you have heard a response? >> well, we haven't heard a response yet, jillian. but it's incredibly important, in my district i have thousands of individuals that work supporting our war fighters. and they are deeply concerned. in fact, i believe we could lose as much as 10% of that workforce. these individuals are extraordinarily talented. they do the innovation and creation. they also build the ships and the aircraft necessary to defend this nation. i am hearing from them that they are -- that they are in a terrible position to decide between the vaccine or their job and for many of them they are going to choose to leave. that will impact our national security. we need those individuals to help build the infrastructure necessary to defend this nation. and to be the innovators and creators. if we lose them, these are people that are incredibly talented and have knowledge, skills and abilities that are irreplaceable. if we lose them, this will have an impact on our national security. todd: it's not like a job can you have. no offense to us. going tomorrow into it. there is institutional memory you need to have especially when our national security is at stake. congressman rob whitman, we appreciate you being here shedding light on it this morning have. great day. jillian: thank you, sir. >> thanks jillian and todd. jillian: thank you for joining us this morning. we will see you back here tomorrow. "fox & friends" starts. todd: right now. jillian: bye. >> president biden pushing hard for the massive tax and spending plan. >> as his poll numbers plummeting another all-time low. >> tax cut. tax cut. this is a tax cut. >> massive migrant caravan heading north. >> this caravan 3,000 strong. >> joe biden is purposefully not enforcing the laws, creating a magnet. >> governor's race in virginia is now down to the wire. >> this is a moment where virginians can reject this left liberal progressive monopoly. >> governor opening and welcoming job creator. >> thousands of new york city workers protesting against the

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