the message of confidence that both bills will pass, key elements are now being stripped away on capitol hill. and the pay fors that have been talked about for these bills are changing by the day. sometimes by the hour. we have fox team coverage tonight jackie heinrichs at the white house with the administration's action to the ongoing back and forth and the legislative stalemate we begin with congressional correspondent chad pergram with the drama over the democrats' latest move a tax on billionaires good evening chad, and we are hearing that this tax billionaire's tax may be out? >> it's hard to tell the chair of the ways and means committee richard neal was surprised when his counterpart senate finance committee chairman ron wyden proposed the billionaire's tax. >> it has not been been vetted by any committee complexity this happened all of the sudden. >> when asked if the tax was out widen said it was not. earlier this morning joe manchin opposed the billionaire's tax. >> we have said we all agreed on 15% corporate tax. people in the centrals to fear t country able to produce the wealth. tonight manchin softened his position. >> i'm open to basically [inaudible] >> you were against it? >> no, no, no. [inaudible] >> this is a textbook example so hard for lawmakers to get everyone singing from the same hemal, brant. >> this is so nebulous and you cover this all the time stuff is shifting. usually when you go through regular order you go through mark up and committees this is all haphazard and i'm sure a lot of members don't know what's going on. house speaker nancy pelosi is really forcing this issue to get beth the social spending bill and the infrastructure bill passed. what's happening? >> she's wants final plans later today. pelosi penned a letter to democrats. she said there must be, quote, trust and confidence in the social spending plan in order to unlock a vote on the infrastructure package, but liberals are holding that bill hostage. >> once we have an agreement and assuming we all agree on it, then let's finish the legislative text. let's make absolutely sure everyone is on the same page and we will vote both bills. >> there is tension between liberal and moderate democrats. one moderate democrat said, quote: it's blanking progressives. moderates believe the left is demanding unreasonable things, bret. >> bret: last thing, chad. i know i'm grilling you here, where do we stand on paid family leave. there is some reporting it's going to be yanked out. >> we are told that that was a bridge too far for joe manchin and is likely to be out. but new york democrat kristin gillibrand says not so fast and one aide told fox that paid leave has been in and out multiple times just this week. bret. >> bret: this is it. so we are liberally watching it minute by minute, chad, please keep us up to date with any bruins. we appreciate it the president is hoping for some kind of a deal to take with him as he heads to europe for a climate summit. white house correspondent jacqui heinrich joins us from the north lawn with that part of the story, good evening, jackie. >> good evening to you, bret. the president's polls are down. inflation is up. and the white house is bracing for what's forecast to be a disappointing g.d.p. report tomorrow. the president, he needs a win here at home. but he also needs some political capital to bring with him on his trip abroad tomorrow and tonight the white house is still hopeful that they can get it in time. >> legislators can be crammers, i guess. there is enough agreement on to get this across the finish line. >> harder push for democrats and white house to reach agreement on the president's social spending plan. the white house argues it will be easier to convince other something tangible to bring to the table. first he had to get his own on time for trip to europe tomorrow. >> what world leaders are looking at and through his conversations with his counterparts, they are looking at the president's commitment to making historic investment in addressing the climate crisis. to addressing some of the overdue infrastructure issues that we have in the united states that have made us less competitive, to making the global minimum tax a part of our law here. >> but on the hill, a flurry of give and take finished. press secretary jen is a psaki every american. are you against that? would ensure that children don't -- aren't drinking poisoned water. are you against that? these are key components of change, of progress that many progressives have expressed support and excitement about. >> with each passing hour it appears less likely to happen in time. but efforts to sweeten the pot progressives continue, including on the immigration front. >> they strongly supported and have efforts by members of the senate to put forward and come up with alternative ideas that might be able to make its way through the parliamentarian. >> the white house says they are working with democratic leaders on an extension from the baseline funding for the hard infrastructure that's set to expire again at the end of this month. they already did a 30-day extension at the end of last month to prevent department of transportation workers from being furloughed after progressives blocked a vote last month, bret. >> bret: jacqui heinrich live on the north lawn. thank you. stocks were mixed today, the dow lost 266. the s&p 500 fell 23. the nasdaq was up a fraction. president biden's attorney general is defending a controversial memo he said injecting federal law enforcement into the controversy over whether parents disagreeing with school board members and how that looks. the organization that compared those parents to domestic terrorists has, as we reported apologized. but attorney general garland refused to back down the senate judiciary committee. will congressional correspondent aishah hasnie is on capitol hill with fiery testimony today. good evening, aishah. >> good evening to you, bret. that's right. republicans sent the better part of nearly five hours grilling a.g. garland here on the hill. some calling him a vessel for the politicization of the doj. others call for step down. >> it's wrong, it is unprecedented, to my knowledge, in the history of this country. and i call on you to resign. >> fireworks at the senate judiciary hearing of attorney general merrick garland as republicans drilled into the a.g.'s controversial october 4th memo. look into threats of violence made against school board members. the memo coming days after the national school board's association asked president biden to step in. >> you are just the vessel, isn't that correct? >> senator, i did not speak with anyone from the white house arguments against school boards are protected by the first amendment, threats are not protected by the first amendment. >> after intense questioning, garland finally explained what he meant by protecting people from, quote forms of intimidation and harassment. saying those acts can include digital messaging or phone calls meant to harass. then several senators raised red flags over a doj press release which mentions the national security division but also get involved. >> what on earth did the national security division have to do with parents? >> nothing in this memorandum or any memorandum is about parents expressing disagreement with school gloord also questioned him about immigration, the ongoing durham into the origins of the russia trump probe the january 6 a tack on the capitol and about his son-in-law who worked for a company which publishes crt material. >> you know how to answer a question directly. did you seek an ethics opinion. >> i'm telling you that if i thought there was any reason to believe there was a conflict of interest, i would do that but i cannot. >> and garland did also say that he finally learned about that loudoun county alleged rape case where a father spoke out school board hearing putting on the record for everyone to hear that not every outburst warrants federal intervention. bret? >> more on this with the panel. issue sharks thank you. investigators say it was live round that killed a cinematographer and wounded another person on a new mexico movie set last week. the district attorney now says it's too soon to determine whether charges will be filed against anyone, including actor and producer alec baldwin who fired that gun. >> all options are on the table at this point. i'm not commenting on charges whether they will be filed or not or on whom. so, the answer is we cannot answer that question yet until we complete a more thorough investigation. >> people that inspected or handled the firearm, when it was loaded before it got to mr. baldwin we're interviewing and there is some follow-up questions that we need to do. >> bret: the sheriff says some 500 rounds of ammunition were found while searching that set. they included a mix of blanks, dummy rounds and live rounds. also tonight, court documents indicate the armor on that set says ammunition was not secured during the lunch break before that fatal shooting. up next, what u.s. intelligence officials did not know about new chinese weapons capabilities. first, here's what some of our fox affiliates around the country are covering tonight. fox 29 in philadelphia where all police officers will now carry tasers in that city. the city will spend $14 million to train and equip the officers. the decision is part of a settlement with the family of a black man killed by police officers one year ago. wfxt in boston where almost a half a million people were without power across massachusetts as a powerful nor'easter brought heavy rain and hurricane force winds to the area. downed trees and flooding blocked roads and delayed commuter trains in that area. and this is a live look at lake tahoe gorgeous night fox 11 reno. big story water levels have risen back love the lake's rim. recent storms brought 20 billio. billions with a b of fresh rainwater into that lake causing it to rise five inches in one day. drought conditions earlier this month forced water levels to drop below the basin. that is tonight's live look outside the beltway from "special report," we'll be right back. ♪ ♪ have you ever seen the rain ♪ i want to know have you ever seen the rain ♪ erizon and unlimited premium data that can't slow down based on how much smartphone data you use. that's right, get 5g in more places all across america and better value on a plan built for 5g only at t-mobile. ♪♪ we believe everyone deserves to live better. and just being sustainable isn't enough. our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ it's another day. and anything could happen. it could be the day you welcome 1,200 guests and all their devices. or it could be the day there's a cyberthreat. only comcast business' secure network solutions give you the power of sd-wan and advanced security integrated on our activecore platform so you can control your network from anywhere, anytime. it's network management redefined. every day in business is a big day. we'll keep you ready for what's next. comcast business powering possibilities. ♪ ♪ >> bret: the u.s. has issued its first passport with an x gender designation. it is considered a milestone in the recognition of the rights of people who do not identify as male or female. the state department says it expects to be able to offer the option to nonbinary intersection and gender non-come forming people early next year. oversees now. iran's top negotiator says talks with six world powers aimed at reviving the 2015 iran nuclear deal will resume by the end of november. discussions have been on hold since the election of the hard line president ebrahim. we are learning new details about what u.s. intelligence officials did not know concerning a major new chinese weapons break through. national security correspondent jennifer griffin reports tonight from the pentagon. >> i don't know if it's quite a spud nic moment but close to that event that occurred test occurred by the chinese and it has all of our attention. >> for the first time a senior u.s. national security official confirmed revelations first reported by the financial times that china surprised the u.s. by testing not one but two hypersonic missiles while the u.s. was distracted this summer with the withdrawal from afghanistan. >> i always thought it was a very significant event of a test of a hypersonic weapons system very concerning. we will have to adjust our military going forward. >> u.s. officials confirm the missiles circled the globe. the space launch involved a glide vehicle that traveled five times the speed of sound landing 24 miles from its intended target making the multibillion dollars missile defense system built for ballistic missiles virtually obsolete overnight. >> whether intended or not, china is acquiring a first time capability. >> c a focused on gathering the new specifics on the chinese capabilities. >> hypersonic glide vehicle and that is a technology that is not -- it is not new. >> the recent hypersonic missile test cut the intelligence community and pentagon by surprise. perhaps one reason the cia just announced a new china mission center like the one set up after 9/11. >> is a critical priority. >> peasant based infantry armer very capable of and has global ambitions, so, china is very significant on our horizon. >> top u.s. intelligence tests may have involved artificial intelligence and whether faulty data may have caused to miss its target, bret? >> follow this jennifer griffin live at the pentagon. jennifer, thank you. china is offering to help the taliban rebuild afghanistan in exchange the chinese want taliban cooperation in eliminating terrorist groups stoking unrest among its muslim uyghur population. correspondent benjamin hall takes a look tonight at the situation. >> the foreign ministers of afghanistan's neighbors met today as they seek to influence the country and establish durable peace. iran, pakistan, tajikistan turkmenistan meeting in iran joining by video link joined by china and russia. the meeting comes as china's influence in afghanistan is growing weeks after the chaotic u.s. withdrawal. the china's foreign minister met yesterday with the taliban's deputy prime minister. and offered to help rebuild afghanistan. >> as a long time friendly neighbor and partner of afghanistan, china has always guide afghanistan in a positive direction. >> the growing friendship comes as the country on the brink of economic and humanitarian disaster and china also called on president biden to lift sanctions against the taliban. china shares a 47-mile border with afghanistan, in exchange for supporting the taliban, china wants something in return. namely eliminating what china says a uyghur terrorist group based along the border. beijing accuses that group of stoking rebellion by uyghurs who live in china. others say that is just a convenient excuse china is using to commit genocide against its own muslim population. experts have said the relationship is an opportunity for president xi to secure influence in the country that sits in a hub trade roads and empires. china is also key to stop mining afghanistan's vast deposit of copper, gas, gold, lithium, oil and uranium though thought to be worth well over a trillion dollars. as the u.s. moose out. china and its allies move. in happy to reap the benefits of a country that is both strategically place and mineral rich. bret? >> bret: benjamin hall in london, thank you. up next, why the virginia's governor's race focused so heavily on the current president and his predecessor. first, beyond our borders tonight, four pakistani police officers are killed and hundreds of people wounded in clashes involving a band islamist group. the organization is demanding the expulsion of the french ambassador to protest caricatures of the prophet mohammed. the government vows to block demonstrators from entering the capital of islamabad. new battle to make wikileaks founder julian assange to face justice. told a british court if convicted assange could serve prison time in native australia. he faces espionage and other charges for the publication of leaked military and diplomatic documents chinese organizers say participants in next year's winter olympics will be strictly isolated from the general mop labor relation. violater could say face expulsion. the winter olympics is just 100 days away. hard to believe. just some of the stories beyond our borders tonight. we'll be right back. ♪ >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ (upbeat music) - [narrator] this is kate. she always wanted her smile to shine. now, she uses a capful of therabreath 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(jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. ♪ >> bret: the biden administration says states have placed initial orders for covid-19 vaccines for children and millions of doses will be shipped immediately as soon as health regulators authorize their use. fda advisers endorsed kid sized doses of pfizer's vaccine yesterday. the fda is expected to vote within a few days. pharmaceutical company merck will allow other drug makers to produce its covid-19 pill that's according to a united nations backed public health organization. it says merck signed a voluntary licensing agreement in a move aimed at helping millions of people in poorer countries have access to that medication. and a federal judge has rejected a bid by pilots to block southwest airlines from imposing a vaccine mandate. the judge says the airline is within its power to require vaccination as a security measure. ♪ >> bret: countdown is on the final days of the virginia governor's race featuring significant focus on two presidents, the current one, of course, and his predecessor. correspondent rich edson explains tonight from blacksburg, virginia on the trail. good evening, rich. >> yeah, good evening, bret. just a short ways away from virginia tech university, glenn youngkin, the republican candidate, hosting an event here, trying to get people to come out in this part of the state. he has been campaigning in the southern part of the state throughout the day. largely conservative, though with pockets of democratic voters. terry mcauliffe has already been down here about a couple of hours east of where we are here in blacksburg. he is trying to get some voters out as well. he is also drawing lines here. democrats are trying to tie glenn youngkin to former president donald trump who lost this state by more than 10 percentage points last year. a line mcauliffe hit again today. >> he said so much of the reason why i'm running because of donald trump. you know what? he is running for donald trump. i'm running for you. >> though mcauliffe acknowledged head winds in his campaign from his own party's president, as president biden's approval ration have dropped rae dropped substantially when biden held a sizeable polling lead. still he campaigned last night for him in virginia. he tried tying youngkin to the former president. >> extremism can come in many forms. >> it can come in the rage of a mob driven to aassault the capitol. it can come in a smile and a fleece vest. >> now, that's a reference to youngkin's attire. we spoke to the republican this afternoon about that line from the president. >> well, well the nice thing is that the president at least recognizes that this is a vest and not a fleece. the sun is setting on terry mcauliffe's 43 year political campaign and is he bringing in anybody can he to help. this is about virginia. this is about virginians and the issues at hand. >> youngkin says he is focusing on a local race but the president's polling numbers now large i under water certainly have been an asset here. bret? >> bret: rich, where do they head tomorrow and what is each campaign saying about where they need to focus ahead of tuesday's election? >> yeah, they want to turn their people out. what you have got now is tomorrow glenn youngkin campaigning largely down here to start the day in southern virginia. terry mcauliffe will start to head north through charlottesville end up in the northern part of the state largely democratic. and then on friday in the southeastern corner in the norfolk area where vice president kamala harris is supposed to campaign with politicians. >> rich edson live on the trail in virginia. thanks. the homeland security department says u.s. immigration authorities will no longer be make routine immigration arrests at schools, hospitals or a range of other protected areas. secretary alejandro mayorkas says agents and officers should take into account the impact of their enforcement actions. and what he called broader social interest. meanwhile, a migrant caravan with more than 3,000 people in toe is making its way through mexico on the way to the u.s. southern border. correspondent griff jenkins is traveling with that group again tonight. [chanting] >> chanting liberty. the caravan charges through a check point as the mexican national guard stands by watching. the migrants undeterred by mexico's foreign minister marcello who says they are being deceived by the organizers. >> they tell them let's go in the caravan. we get to the u.s. and they will let us pass. it's not true. you saw what happened with the haitians. it's the same thing. >> the warning isn't breaking the will of the migrants. that's not stopping us because we got -- we got the power of god right next to us. and he is going to open. >> we will moving it's not going to stop us. >> although some migrants are worried officials will try to break the caravan. >> immigration is to come in take a lot of people from here. >> in the u.s., attorney general merrick garland was asked about it in today's senate hearing. >> i would tell them not to come. >> organizers say the caravan is 4,000 strong now with more than 1250 children under 7. 400 between the ages of 17 and 18. at least 100 babies under a year. and 65 pregnant women in the group three of whom are past 8 months as the journey is taking a toll after just five days. >> a lot of people have blisters on their feet and we're giving electrolytes. so, there are a lot of children here, so, they are dehydrated. we see a lot of families in this caravan. >> as for who is paying for this group caravan leader and citizen mohica denies financial support. >> it is the people of goodwill, all the people given food. so i don't know. but i'm not getting funded. >> wherever the money is coming from, they are going to need a lot more of it because at the rate they are traveling now, they won't even make it to mexico city until some time in mid november. bret? >> bret: griff jenkins in mexico. thank you. up next, the panel on the president's struggle to get his tax and spending legislation across the finish line really past his own party and the latest in the virginia governor's race. >> he has got donald trump and steve bannon this week campaigning for him. that's the difference in this election. >> all that terry mcauliffe knows to do is to bring in all these folks that don't live here and give them the will same old talking points they have been using for 43 years. ♪ 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! try new liquid-filled (sfx: video game vehicle noises, horns beeping,) (engines revving, cars hitting one another.) (sfx: continued vehicle calamity.) just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet. an awful lot of work to be done. >> tomorrow realistic. >> yep. >> bret: not so sure. house speaker nancy pelosi puts out a letter asking the rules committee to meet tomorrow as we insisted we are close to an agreement on the priorities and the top line of the legislation which can and must pass the house and senate. the same time we are facing crucial deadline for the bipartisan infrastructure framework to pass to do so we must have trust and confidence and agreement for the build back better act. that's the reconciliation bill and as you can hear there are all kinds of reactions from all kinds of congressman and senators, so where are we? let's bring in our panel harold ford jr. former tennessee congressman ceo empowerment and inclusion capitol. steven drucker. washington examiner and author of the new book "in trump's shadow battle for 2024 future of the g.o.p." and jonah goldberg editor and chief of the dispatch. leonard let me start with you. you live and breathe capitol hill. i have seen legislative sausage but this is really an ugly process up there late tonight we are hearing that paid family medical leave may be yanked out of the reconciliation bill. we are hearing that the pay for, the billionaire's tax touting yesterday dead is looks like now. things are changing and people don't know where things stand. where do they stand? >> yeah, bret. this ching is still a mess. and i think the democrats are having problems because they are trying to pass legislation built for majorities they don't have. the biggest thing they are dealing with here is they are in control of a 50/50 senate. it's not even a majority but it's a majority because they have the vice president's ty breaking vote. in the house they have a five seat majority. that is nothing. it is not a governing majority. and what they can't get over is that they have centrists and liberals on opposite sides of the page and nobody wants to give and nobody wants to meet in the middle and everybody is dug n positions that they feel very strongly about but they are very passionate and principled about. but until they reach the conclusion that they don't have the margins to play with, and if and until they ever realize that their inability to show the american people they can govern is putting their majorities in further risk than they already have. meaning you can lose 10 seats and lose the house majority and lose 40 seats and lose the house majority. lose a couple senate seats and a lot of senate seats. until they wrap their arms around this and finally put this thing to bed, which i think they will do eventually, then they are going to be stuck. and, you know, one final thing here, bret, on this, if glenn youngkin beats terry mcauliffe on tuesday, this thing is going to get even harder to button down because you are going to have a lot of centrists who look over their shoulder at their voters back home and going to be saying to themselves this agenda is a mess. the leadership we have a mess. and i have got to protect myself. so they're really up against an art official deadline but a deadline that matters. >> bret: right. the deadline they set out there, harold, because the president is going overseas, he wants to have something on climate to talk about and glasgow. they have to get something. they have to get the w. it does seem like nancy pelosi has always in the past pulled rabbits out of hats when it comes to legislative maneuvers. however, she is essentially saying to the rules committee. go ahead, start this process but we don't have any texts. we have nothing to really have a committee hearing on. we have nothing to give you. but, go ahead and hold the hearing. >> >> thanks for having me. you are right. i think david drucker shared it well and i think i'm looking forward to reading the book. washington needs a reset. the victory is right in front of democrats on this. as we have shared. as i have shared and others have shared. they have become a caricature of themselves in so many ways. when you think about the news ever the last seven to ten days about china, super sonic electric party and solar panel and production and all we can do is hurl insults victory not known front of us but we need it we need this infrastructure package and we come back and fight and litigate on other things at a later time. anger and grievance cannot be the center point and cannot advance our economy. it won't help us compete with china on any level. i urge democrats, republicans alike and particularly members of my party to think long and hard about david what he said at the outset not just youngkin race and mcauliffe race and i'm for terry. if we don't get, this not only lose the majority but let our biggest political adversary advance at the same time. >> holding on say going we uncouple this, if we take them apart, the reconciliation never happens in this current environment. let me turn to that virginia race and terry mcauliffe, who is making this a national race, he is, you know, noun, verb, donald trump, a lot on the stump, and if that is the case, then the focus becomes the national democrats and their ability about how they govern. >> no, i think that's right. we can tie these two things together pretty easily. in june, joe biden got 19 republicans to agree to a massive infrastructure bill, something donald trump couldn't do in four years. fulfilling his promise to bring the parties together, work with bipartisan. and rather than take that win and call it a day on top of an additional 1.9 trillion he already got in covid relief, he took the advice from nancy pelosi and a bunch of mind tricked him into thinking he could be fdr. and that's how we got to where we are. he could have said that's it. i have done it i can do what i campaigned on. terry mcauliffe has tried to sort of follow a nancy pelosi style strategy in virginia and the amazing thing is that the virginia electorate doesn't want to be nationalized for the first time in any of our lifetimes, the democrat is taking it in the neck on education issues because the way education is defined in virginia now is on these culture war issues. on the pandemic stuff. on the feeling that parents are being frozen out of the process. and glenn youngkin has figured out a way to talk to those swinging moderate independent voters that joe biden said he cared about, that won him the election. that terry mcauliffe, who is basically a vas sell of the clinton machine should have figured out how to talk. to say instead that's why it's a close race. >> bret: last thing, quickly. foreprogressives, and you talked to them up on capitol hill whether it's bernie sanders or any of the house progressives. they feel like they're always charlie brown and lucy the football with taking it away at the last minute. but they haven't, you know, they didn't win the election on those progressive items. joe biden won almost plays against those items in the democratic primary and in the general election could do they really expect these big things are going to happen with slim majorities. >> through believers on the left and right believe they have the voters behind them even if they don't they are right on the policy and eventually the voter will come around. but i don't think that they fully understand the fact that it was a very divided election, narrowly went their way. and the reason joe biden ended up as the nominee as even democratic voters didn't want the progressive choice. and we saw democrats deal with this, look, 10 years ago with obamacare. and they had large majorities then. they barely were able to pass it and it took them 10 plus years for the bill to finally get popular and people to like what was in it. and it's just a sort of thing where when you are so committed to a particular policy, you think that whatever the political cost is worth it and you don't believe it when people tell you they don't like it. >> bret: there was a virginia's governor race then and republicans won in 2009. up next, attorney general merrick garland returns to capitol hill and it's fiery. reminds her that she has stee the farmers home policy perk, guaranteed replacement cost. and that her home will be rebuilt, regardless of her limits or if the cost of materials has gone up. 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you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... hey, graduation selfie! well done! and voya stays by our side, keeping us on track for retirement... ...giving us confidence in our future... ...and in kevin's. you ready for your first day on the job? i was born ready. go get 'em, kev. well planned. well invested. well protected. voya. be confident to and through retirement. ♪♪ we believe everyone deserves to live better. and just being sustainable isn't enough. our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ >> bret: finally tonight, a look at tomorrow's headlines with the panel. david, first to you. >> well, i think it's going to be or should be biden and the democrats file reach a deal before virginia votes on tuesday. this thing goes sideways for democrats in virginia, it's going to be even harder for them to reach a deal. i think they know it and that's why i think they are trying to create make happen next week rather than carry it to next week. >> bret: jonah. >> biden irs says that under democratic proposal to tax unrealized assets hunter biden's paintings will be taxed at fair value, which is the cost of the paint and the canvas. [laughter] >> bret: all right. i knew i could count on you. all right. haired? harold?>> my headline you the bk rescue the republic is number one on the "new york times" best seller list. congratulations. >> bret: thank you very much. it's been a big goal and thanks to all of those folks who purchased the book. i appreciate the mention there, harold. it's a big moment. psyched about it. thanks for all the shows that had me on. >> david, your book is a great read. >> bret: thank you. tomorrow on "special report" we will debut the new fox news polling on the virginia's governor race. last time have the likely voter polls before the election next tuesday. we are following this race closely and also new jersey as well. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and still unafraid. "fox news primetime" hosted by lawrence jones. >> great show as always. good evening and welcome to "fox news primetime," i'm lawrence jones. tonight we start on capitol hill where merrick garland was grilled by the senate. the a.g. was in the hot seat over his doj memo targeting parents who are concerned with their kids' education. last week it was a bill the source for garland's memo was a letter from the national school board's association. it warned that some type of uptick in violence at board meetings. we didn't see it though, watch. >> when did you first review the data showing this so-called disturbing uptick?

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