starting with the president taking a trip to europe without awaiting congress. and a possibility that they won't get the win in virginia one is almost certain. a fox news poll after the virginia governor's race showing republicans leading over democrats likely voted by an eight-point margin, this is a dramatic shake-up for months and then the election that was seen as a snapshot of where voters stand nationwide, democrats say they have delivered there on capitol hill could spell trouble in 2022. hear from president biden's own party on the voting plan yesterday which leaves him to face world leaders overseas for his legacy hangs in limbo back home. >> anita: we have transcontinental fox team coverage, rich edson on the trail in virginia, but we begin with peter doocy with the president abroad from st. peter's square at the vatican. where it is just after 7:00 p.m. peter, hello. >> good evening, anita, defeated by democrats at home, president biden came here to europe looking for a win. and instead in the last few minutes admitted he made a mistake in the way that he dealt with a nuclear submarine deal cutting france out of a nuclear power submarine deal that enraged president macron so much he pulled the ambassador to the u.s. >> what happened i think was a disgrace. i was under the impression that france was informed long before. >> the president had wanted a vote on $1.75 trillion build back better agenda before he got here, he did not get the vote, because when asked by the president and the speaker of the house nancy pelosi and private yesterday they actually buffed, they said they wanted all or nothing and they chose nothing because "members of the caucus will not vote for the infrastructure bill without the bill back better act." republicans say that gives them a lot of power. >> well, it just further proves that the progressives are running the democratic agenda in the house of representatives to think that that bill wasn't enough spending for them shows just how far left they are. >> when the president met with the pope, they talked about climate change, covid-19, refugees, not about abortion, a touchy subject, because some catholic leaders in the states don't believe joe biden should continue receiving communion as long as he supports a woman's right to choose to have an abortion. to the president claims the pope himself told him communion should not a problem. >> no, it came up when we talked about the fact that it's moral to be catholic and i could receive communion. >> president biden is still sitting down privately with president macron right now, he was very, very late to that meeting but it seems like at least for now things are a little bit better between the u.s. and france. >> anita: that's good to hear her, it did seem like a bit of a strange exchange between the two leaders, so hopefully they can clear that up in the rest of the day. peter, good to see you, thank you so much from rome. benjamin. >> benjamin: four days to go before virginia votes, the candidates are crisscrossing this date make in the final pitches, vice president harris set to join the democratic candidate again on the heels of the new fox poll that his republican opponent is taking the lead, rich edson live in north virginia ahead of the event, what's the latest? >> good afternoon, benji, it was a stormy morning in norfork, and a little bit of matter this evening, it's an indoor event for terry mcauliffe and vice president kamala harris trying to turn out the vote here in a largely democratic area. the show shortly after that major reversal, the fox news poll from last night showing that lenny okun, the republican has 53% support compared to terry mcauliffe's 45%, and eight-point advantage outside the polls and a flip of just two weeks ago when terry mcauliffe was ahead by five. in charlottesville yesterday, that's where they were yesterday trying to push republicans to the polls. >> polls don't elect the governors, voters do. voters do. so now it's time for all of us to go to work. >> he was supposed to have an event in northern virginia today, whether canceled that, so just the headlines night here with the vice president. we asked whether national issues were democrats like the potential to pass those massive infrastructure and spending bills helped his campaign, he says that concept is overblown. >> do you think it will be a boost to your campaign or the whole host is overblown? >> yes, i think significantly overblown, nobody has asked me about what is happening in washington. they don't blame us for it. they are really looking at local issues. >> the other dynamic in the race is early voting since the middle of last month, hundreds of thousands of ballots have already been returned, through much of that time mcauliffe had a lead in the polls which has now been largely reversed. or entirely reversed, benjamin. >> benjamin: and rich, i gather a spokesperson for mcauliffe appears to accidentally have emailed one of our reporters, tell us about that. >> one of the foxnews.com reporters tyler o'neill sent an email to the campaign asking for a response to the story that the mcauliffe campaign had hired the elias law group, known for a number of election challenges and in getting that response this spokesperson responded to our reporters saying, can we try to kill this? seem to be meant for somebody else, that story is up right now on foxnews.com. >> benjamin: and suggestion he might try to contest the result when it comes out, we will see. thank you very much. >> anita: all right, for more on this let's bring in josh sr. national political columnist for "national journal daily" who writes the against the grain column, great to see you today. so the white house press secretary says the administration is confident the democrats will pass both bills in the coming days. there were talks they were at work over the weekend, but now it looks like it will be next week. but we have heard this before, so what's different now? the price tag looks better, but what else? >> it has been an ongoing challenge, anita, to get someone like joe manchin or kyrsten sinema who are very moderate democrats running in states that republicans have the advantages and to have the same point of view is bernie sanders and the squad members. what we are releasing now is the squad has become a circular firing squad within their own party by refusing to pass an infrastructure bill that terry mcauliffe wanted them to get past, that president biden wants them to get past, that speaker pelosi wanted them to pass this past yesterday this week. and today are refusing to take you asked for an answer, so we still don't have a compromise that has been reached between the moderates and the progressives within the party and the progressives have been all too willing to hold to the bipartisan bill for over a month now hostage until they get every little detail they want as part of the larger social spending package. >> anita: i want to put up this headline from "the new york post" that says joe biden's build back is failing because it was never a good idea. now despite the fact that the bill has been slimmed down and is now at $1.75 trillion down from 3.5 trillion, yesterday nancy pelosi called it transformational, how does it transform the economy? >> look, the democrats will tell you that it is a lot of money into pre-k education, they think that's a big priority. and they like that climate change over a half trillion dollars into climate change spending, electric vehicles, infrastructure and so on. the problem is number one they have sold this mostly on the price tag and they really have whittled down the priorities and focus on the cost instead of the substance of what they actually want as part of the broad build back better social spending package, i would add that when you listen to president biden speak yesterday the first things he talked about were inflation and the deficit. he made the case that this is going to be good for the inflation situation and good at not increasing the deficit, we will let the fact-checkers answer those questions, but the simple fact that now the president is talking about inflation, deficits, the issue that he was hoping were going to be most preeminent have gotten away from him and now he is running on much more difficult turf, voters are very concerned about the supply chain issues, inflation, and not able to spend trillions and trillions on what has been's bends in the administration. >> everybody feeling the effects of inflation in the supply chain issue, let's move to another topic because the inaction on this bill seems to be trickling down south from washington to the virginia governor's race, where we see them trailing the republican candidate glenn young can eight points in the latest poll and you have been writing about this for a long time. let's look at something that you said in a column from december 2020. you said, you wrote to the virginia governor's race is the first big test for democrats in the joe biden era to prove they have learned their lesson about the cost of extremism within their party. if democrats fail to speak out against the leftmost defeating impulses, only creating opportunities for republicans to mount a political comeback in an unlikely state. so you saw this going in the direction almost a year ago, how did you know? >> virginia may have gone for joe biden in ten points in the last election, but it is a very moderate state, the democrats are very moderate, they don't like the bernie sanders on the progressives. it's very timely given that we are watching the spending bill that the white house and congress are arguing over and you are seeing folks like aoc, and the left wing members front and center when the moderate voices are getting silent on what they want, they wanted the infrastructure side of the spending, so virginia is a democrat leading state to now, but a very moderate state and even the democrats blanch when they see some of the left-wing activists front and center, this is a big reason coming to see this with education in virginia as well, and backlash crt, a big issue in the state of virginia. and take in the upper hand in the democratic party well to the left of where the middle is right now. >> anita: we will see you next week. i'm so sorry, i called you jonathan, josh! >> benjamin: thank you, anita, "the wall street journal" report creating shock waves and going through the commission of the crime to be paid a fortune for their trouble. considering payments to people who cross the border illegally and when they separated from their families, the amount was $450,000 per person. that means a single parent separated from one child can get close to a million dollars. it has critics outraged. >> totally unacceptable. of course their whole policy at the southern border has been a disaster from day one. >> you are going to pay people half a million dollars who broke the law at the same time the biden administration is raising taxes on the hardworking families of the country, it makes no sense. >> the biden administration weighing the payments that they want to resolve more than 900 claims over the trump administration family separation policy that could top $1 billion of american taxpayer money, we are live at the border with more on that story along with a statistic that puts all of it in context and comparison that the plans critics say make them sake. that still ahead. ♪ ♪ >> anita: fox news alert, former governor andrew cuomo might be out of the office, but he is not in the clear just yet. the new york democrat facing a possible jail time after being charged in relation to that sexual harassment scandal that forced him out of office. details straight ahead. >> benjamin: plus china rocketing ahead of america and the arms race, what they never saw coming, i headed the growing threat and growing security. >> they are modernizing their security and have beaten us on the artificial intelligence, they are way ahead of us on blockchain, america, wake up. what's it going to take? 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>> yes, thank you, benjamin, you are absolutely right. i talked about this on the show last week. at the big concern for all americans should be that we do not yet have the missile defense system that would detect and be able to stop a nuclear weapon from launch with the hypersonic capability from hitting the united states united states. and i think that's what it is incredibly worrying, it's not only that they have been able to test it, but that we don't have the missile defense system needs yet and i hope you will get it to defend ourselves, but when you pull back and look at the greater picture with the general rest referring to, many people who are watching china are worried about is we have seen a decade-long strategy and pattern by the chinese communist party to invest whether it is economically or in their military systems in ways in which will degrade the united states supremacy and the world as a world superpower. that has been a mission of the chinese communist party for decades and now has certainly been heightened under chairman sheedy. it has been accelerated, so meanwhile we are in the use missile defense agreements that china is not a part of, so they are rapidly, rapidly creating new systems. >> benjamin: you talk about the decade-long strategy on part of the chinese, but you look back at president trump's administration who raised tariffs on china and try to make the u.s. less reliance, bring it back to the u.s. and now the biden administration who has sold nuclear weapons, nuclear submarines rather to the australians, he has talked about pushing back against them, do you feel that the biden administration is taking the threat seriously enough? >> let me just say that i think republicans and democrats in washington were asleep at the wheel as it relates to china before the trump administration, and he with a very, very loud megaphone started to raise the awareness of the concern of the chinese communist party and the threat to the united states. so i think that we have been awoken from her sleep as both parties have, i do think it's very positive with the biden administration is doing with their allies and everything you just mentioned, august, the new defense intelligence sharing agreement we are in. however much more has to be done. and i can tell you specifically what needs to be done, we need to be much more consistent about sending our military and the budget that president biden released, all agencies got an increase except for two agencies, let me guess what those are? dod, the pentagon and dhs, the department of homeland security, the only two agencies that joe biden did not request an increase and if you look at american company as an american financial institutions for too long not only have the chinese been able to steal secrets from american government and businesses, but we have american financial firms and technology companies who have done business with the chinese and effectively supported things like the rapid expansion of ai in china, and so there needs to be -- the government needs to take a closer look at putting some guardrails around american financial firms doing business in china, sometimes they are supporting the weapons that are going to eventually be used against us. >> benjamin: i want your views on one other thing and i know you have spoken about this in the past, but the state department seems to have an incredible focus on sort of diversity and social issues domestically, perhaps not so much abroad, i just want to put up some of the statement this week and the focus is they have made, statements on passport in the next gender market, intersect or wednesday, and i just wonder if you think -- whether the current administration has its priorities in order? >> i will say that the statements that are coming out of state and out of that afc, they are not necessarily bad on their own, but they show that the focus of the administration is not in my opinion where it should be on national security issues. 76 more americans that have said that there is still duck in afghanistan, christian missionaries in haiti that are still stuck there. you have a going on in china with the uighurs come in the muslim ethnic group there and the state department tony blinken said that he was going to leave with human rights and instead we have the national security council producing a gender study last week. i'm all for those things, but where is the national security strategy? where is the nuclear posture review? where's the defense strategy? i just think it's a priorities that are totally out of whack in a time when the world is a really scary place. >> benjamin: all of those issues should be totally bipartisan, this is a threat that faces the u.s., thank you so much for joining us today. we appreciate it. thank you. >> thank you. >> anita: then, families who got separated at the border could soon be paid a fortune, that's from the reporting of "the wall street journal" with the words that the biden administration is considering payouts of up to a billion dollars in taxpayer cash. we are live at the southern border next. >> benjamin: plus florida fighting back against vaccine mandates by the fed, why the state is suing the biden administration. we will talk to the state attorney general straight ahead. ♪ ♪ eed 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. ♪ [narrator] this is steve. he used to have gum problems. now, he uses therabreath healthy gums oral rinse with clinically-proven ingredients and his gum problems have vanished. 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sure, i'll get a decision guide in the mail to you today. they're free. finally, someone who understands the real me. call or go online now to get your free decision guide. call a licensed humana sales agent today. humana, a more human way to healthcare. >> anita: some top stories we are watching this hour, not seeking reelection in 2022, the republican made the announcement and a video on his twitter page 1 of 10 g.o.p. house members who voted to impeach warmer president trump in january. >> benjamin: thousands of new york city workers holding out on getting mandated covid shot. firefighters, police officers and other city workers will be taken off the payroll next week if they don't have at least one dose. a live report to next hour as the clock ticks down the deadline. >> anita: a georgia man facing up to 20 years in prison for illegally obtaining relief funds for a pokemon card, a single card worth $57,000. federal authorities say the man applied for a covid relief loan for a business he claimed to own. for more on these and other stories, download the fox news app, scan the qr code on your screen or go to foxnews.com. >> benjamin: thanks, anita, went to the top stories that a new "wall street journal" report claims the biden administration is considering paying up to $1 billion to migrant families separated at our southern border after crossing illegally during the trump administration. dan springer is live in texas with more on that, dan. >> according to "the wall street journal" the biden administration is in talks right now with migrant families that were separated at the border in 2018, and strongly considering payments, composition payments of $450,000 per person. now the news breaks as the surge of migrants coming into the country at the southern border continues especially here in la jolla, texas. another 173 migrants were caught by border patrol and put on buses. the parents traveling with children are allowed to stay as they claim asylum, but for two months in 201800 president trump the adults were separated and sent back to mexico while the kids stayed in detention facility is until other family members in the u.s. could be found. lawyers for those separated claim lasting psychological damage, some lawmakers call huge settlement payments outrageous. >> every decision joe biden has made since he has been president has made our border more open to illegals. and once again, joe biden prioritizes the right of illegals over the rights of taxpaying working americans. >> congressman dan crenshaw who is a former navy seal tweeted that he wants to pay illegal immigrants $450,000 for their hardships while breaking our laws, for perspective those service members in action, their next of kin gets an insurance payment of $400,000. to let that sink in. migrant runners meantime continued to get into the u.s. just ahead of the remaining mexico policy being reinstated in a couple of weeks after courts ruled today that he cannot just drop it as he tried to. trump did eventually back off of the separation policy under bipartisan attacks being that more than 5,000 kids got separated and nearly 1,000 lawsuits have been filed. these potential sediment payments would end all of the lawsuits but benjamin, it creates a whole new controversy for the biden administration. >> benjamin: absolutely, thank you very much. any doubt. >> anita: in a story you saw first here on "america reports" yesterday, florida is taking on president biden over his federal vaccine mandates. in a first of its kind lawsuit against the white house, nasa, and several other federal agencies florida is arguing that mandates are unlawful, interfere with the state's employment policies and are a threat to the state's economy. joining us now, florida attorney general ashley moody. it's good to have you here today, so florida is the first state to file a lawsuit against the biden administration over these vaccine mandates were federal employees. you are filing in the u.s. district court in tampa, what is the legal argument? >> great, thanks, anita. and i think the mandate as a whole coming from the federal government, the president of the united states shocked at this nation especially after this administration said that's not within the purview of federal government, there will be no mandate, only after president biden said he was growing tired and impatient did he and act this sweeping mandates that will implicate millions of american workers. we brought suit specifically on the contractor mandate and to that gymnastics that this administration had to do to get this done is just reprehensible. i cannot believe the obliteration of the separation of powers that this president has been amenable to since taking office. so we are challenging and pushing back at, governor ron desantis and i pledge that we would do so in this mandate was announced, florida has interests, federal contracts not only from florida but our education and university so we feel very good about the lawsuit and look to have indicating florida workers and ensuring that these mandates don't make them choose between a job and giving up their health care. >> anita: your governor they are, ron desantis has not been shy about talking about the opposition to the vaccine mandates, let's listen to what he had to say just the other day. >> just because you are a business that has federal contracts does not mean it is right for the federal government to come in and rewrite those contracts and try to shoehorn the sand and then if you don't comply you either have to fire people or if you don't comply, they will just cancel the contract entirely? >> anita: your face was filed yesterday, when do you expect to hear it? >> great question, we will push very hard for a quick hearing and we know that many people are watching us very concerned. we have been meeting with floridians that are really worried about the ability to provide for their families here too many generations go into these industries that have federal contracts and they are worried about having a job in two months, so we understand that pressure, so we are pushing very hard. we know that the judge has been assigned to is a fair judge, we know that he will give us a hearing quickly to ensure that the arguments can be heard. >> anita: really quick, speaking of jobs, one on the other things we are staying in florida is the state offering bonuses of up to $5,000 to police officers to relocate to the sunshine state. what kind of response have you gotten? are you seeing people coming in and applying to different local police agencies? >> i can tell you as attorney general and as the wife of a law enforcement officer, i've stood by by our front-line heroes day after day since taking office and even one in florida we had to government entities mandating vaccines of the front-line officers, those that have been out there since covid began, those that have already contracted covid and have gotten healthy again and have immunity, they are saying, look, please don't make us do this. we have individual concerns. and so we stepped up, i filed precinct court and we have seen success in florida. and i can tell you, we understand what it means to sign up for these dangerous jobs in florida. we support anyone moving here, governor desantis and i support our officers and we hope they will consider florida for their new harm. >> anita: ashley mooney, attorney general and florida, thank you so much for that and we will be following the lawsuit narrative. then. >> benjamin: alec baldwin has been laying low since the film shooting that killed a crewmember, that's until fox news crews found him. we will show you where coming up next. ♪ ♪ with their two and a quarter refi. that's 2.25%, with an apr of 2.48. this is their lowest rate in history. the newday two and a quarter refi can cut thousands of dollars off your mortgage payments. there's no money out of pocket and no up front costs. lock in your rate. >> 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? 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was that a turning point in the race? >> no question it was a turning point just as the continual inability of the congressional democrats and president biden to get something passed which if you see it in the numbers has enthusiasm amongst democratic voters way down, we almost have a tale of two elections and that terry mcauliffe has done well with early voting, but the poll numbers show that glenn youngkin is going to get 60 percent of those voters who vote on election day, and the momentum is clearly with youngkin, and momentum is very powerful, it inspires and depresses, and right now it is republicans who are inspired. >> anita: brad, i said to you shaking your head they are, and know that it does not matter this close to the election, but that's a big swing. a month ago was ten points behind in education, now eight points ahead is huge. >> first of all i don't think that any whole number that goes from five up to being seven or eight down can be credible, there's no way that this race has swung that much, "the washington post" came out with a pole that has terry mcauliffe ahead, but let's set that aside, we know that this race is going to be close, i think that david would concede that the race is going to be close and is probably a dead heat, what it comes down to us what are people thinking about when they go to the polls? do they want virginia to go to the direction of donald trump who is the leader of the republican party, and glenn youngkin is a member of the republican party running on his mouth, or do they want to go the direction of biden, obama, and mcauliffe, do they want to oppose gay marriage, go back to a failed strategy on coronavirus, or do they want to go forward? jobs, coronavirus, bringing the state together to solve the problems. >> benjamin: or david, perhaps they are thing and that the biden administration is plummeting in the polls, perhaps the infrastructure bill has not been voted on, surely where president biden is right now has a big effect on the race as well. >> let's not forget that voters are ultimately seeing an agenda that is driven by bernie sanders and elizabeth warren who are at the thought leaders of the democratic party right now, just as they are seeing in terry mcauliffe that hillary clinton-style of feeling untrustworthy and entitled. and that never goes over well with voters, just as the messaging. it's one more tax increase is needed, one more regulation is needed to make your life a little fairer. one more government program will solve all of your problems, inflation is not because the democratic policies and what we are hearing out of the white house, all of that combines two of why you see this momentum. to brad's point it's not about what a particular poll says, it's what the trend shows, and trend after trying no matter the poll is trending towards youngkin. >> benjamin: brad, i will let you respond, it saying that it had an impact, is not not working anymore? 24 times calling on president trump and compared him to him that he is a candidate, if you look at these polls? >> there is no doubt it is working, let's not talk about the polls, "the washington post" has him up, now we have trump rattling for her youngkin he will do a rally for him, he cannot distance himself from trump, and that will concern the voters going into the polls. >> benjamin: the one thing you can agree on is this as a bellwether for the midterm and critical in this perspective i hope we we will have both of you back to discuss it once it comes in early next week. thank you for joining us. >> absolutely. >> anita: counting down to the big day next week, benjamin, the naacp is calling on pro athletes to stay out of the lone star state, we will tell you why next. >> benjamin: but first merriam-webster is adding nearly 500 new words to the dictionary, some of her favorites coming ahead as "america reports" reports from all around the world. ♪ ♪ you have always loved vicks vapors. and now you'll really love new vicks' vapostick. it goes on clear and dries quickly. no mess. just the soothing vicks' vapor for the whole family. introducing new vicks vapostick. 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. >> benjamin: we better start studying, 455 new words getting added to the dictionary. the words include "it dad bod" body typical for an average father, especially one slightly overweight and how about "fluff her outer post-quote a sandwich with peanut butter and marshmallow cream between two pieces of white bread, not all words are fun. "long covid" after a initial recovery from covid, and some try "tbh" an abbreviation for to be honest. what do you think? i am a traditionalist. i don't think that -- it takes a long time to get words into the dictionary. and that's an acronym, that's not a word. >> anita: i think what is funny is, we were talking about how we both have young daughters, i have one and you have three. they are going to grow up with one -- hundreds of new words and teach us all of the abbreviations, that's threatening and we have to study and we are going to have to for that. >> benjamin: by then we will just speak and emoticons. am i right? just put together, that's three words that is one word. i don't think that's a new word. but i am old-fashioned, and as for dad bod, no comment. >> anita: i think that's smart. moving on coming out trying to cancel texas, the group asking pro sports free agents to skip the state because of its voting and abortion laws. live in dallas with the latest on this, and i guess they forgot about it, don't mess with texas? speak of the end yield -- naacp saying that pro athletes are some of the greatest role models out there and they have to do what they can to protect democracy, but the organization said simply as it stands texas is not safe for anyone. the ceo and president of the naacp derek johnson issued this to all national players leaks of all major pro sports in the country, the latter states that greg abbott has approved new political maps that dilute to the power of communities of color and points to the controversial abortion laws the governor signed a made up answer procedure weeks at pregnancy, they believe the tightening of voter laws puts athletes and their families at risk. so far no response from the governor here in texas or any of the teams. anita. >> anita: jeff paul live in dallas with that, thank you so much, ben. >> benjamin: president biden visiting europe after coming up empty with democrats on a spending plan, this is a "wall street journal" op-ed claims the cost of the massive bill far exceeds what democrats say. larry kudlow will join us next. and we will hear from jim banks, chris wallace, and top gun supplier coming up. ♪ ♪ veterans is the powerful va home loan benefit. it lets us refinance 100% of our home's value, not just 80% like other loans. that's a big difference. and it can mean a lot more money for you and your family. and this is the best time in history use it because home values are now at record highs while mortgage rates are near record lows. the newday 100 va cash out loan lets you take out $50,000 or more to use as you wish. improve your home, pay down debt, or just put it in the bank for the financial security every veteran deserves. i always had a connection to my grandfather... i always wanted to learn more about him. i discovered some very interesting documents on ancestry. this is the uh registration card for the draft for world war two. and this is his signature which blew me away. being able to... make my grandfather real... not just a memory... is priceless. his legacy...lives on. what's the #1 retinol brand is priceless. 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® regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. 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john are off today, i might vogel. >> benjamin: and i'm benjamin hall, pleasure to be with you, bring in the president's agenda to a screeching halt after fuming over the framework for social spending plan, which we are learning is going to cost a lot more than advertised, several trillion dollars more, but first hillary vaughn live on capitol hill. >> benjamin, even though president biden landed in rome last night, mc handed wentz his entire agenda alden congress, the white house today is waking up in an alternate reality where that deadlock was defeated. speak our government for too long has been locked in deadlock unable to get anything done because people are unwilling to come together and find consensus and common ground. the president ran for president saying that this was something he was going to do and is now delivering on that. >> but the challenge yesterday was not trying to find common ground between republicans and democrats but within his own party, joe biden thought he sealed a deal with moderates and progressives on a framework, but that was not the case. >> you are on board, aren't you? >> it was not clear whether the two senators have committed to vote for it. i think it's a little bit of a leap of faith in the president. >> i'm going to do my best to make a good bill even better, so i can answer that question. >> the framework is not finished like the white house suggested, both nancy pelosi and chuck schumer saying they can make sweeps to next week and even the power the presidency was not enough to persuade progressives to throw them a win and pass the infrastructure bill that is ready. >> we have to make the promise that was very fair. >> we need a little bit more than the iou. >> we can build it together and we don't have that right now, and i felt a little bamboozled. >> so right now the president has 2-0 coming to capitol hill twice in the past month and leaving without a win both times. >> benjamin: do we know specifically what progressives are holding out for them what they want that they are not getting at the moment? >> they said they wanted the legislative tax, they did not think that framework was enough, now summons out and they are looking at it, but the changes are going to be made and is going through markup, so a lot can happen between today and when ultimately they can finally try to pass it and see if they can keep every single person still on board. >> benjamin: a president biden went over to the hill and was going to sell this, he even said that there was effectively a deal done, how did he get that so wrong? how did he think that it was a done deal and then it all fell apart? >> that's really the big question that we have tried to ask, senators joe manchin and kyrsten sinema if they were on board, did they work it out with the president? but they dodged the questions and did not directly endorse the framework like the president seems to suggest, and he said that sanders was on board and he said he was not fully endorsing the package and there is a lot of disagreement among democrats as we are seeing that fell out of the package that now they are hoping to get back in, but the question is if they are able to get those items back in the package, then does that alienate support from moderates like joe manchin and kyrsten sinema, there is moving parts here and it's not quite clear what the goal or the strategy was behind this presidential business in the first place. >> benjamin: you must forget that this is one political party, it feels like two at the moment. thank you so much, anita. >> anita: good stuff they are, let's bring in larry kudlow, host of "larry kudlow" on fox business, so much to talk about with the spending bills, it seems that the price has been slashed down to 1.75 trillion from 3.5 trillion, all of the trillions but it has not been scored by the congressional budget office, so we really don't know exactly what the price tag is in "the wall street journal" seems to think that this is quite a bit more, the headline with the budget framework, and illustrative of how they are trying to squeeze a menagerie of spending into their negotiated 1.75 trillion topline costs, with the real cost likely to be closer to what you think. what do you think? >> it is spot on, the gimmick is to take one of the social welfare and/or entitlement programs and put it in for a year or maybe three years or at most five years whereas most of the scoring for these things are done over a 10-year periods so what they are saying is we are going to sneak it in so we have lower spending for that year, but really wink-wink nod nod, we will make it permanent. so we are lying to you. and i think that cbo will be hard-pressed to deal with this. this is not the first time it has ever been done in history of revenue are spending scoring, but they may produce two baselines, follow me, i don't want to get to in the weeds >> benjamin: it's friday now. >> seriously though, they sometimes will put in what they call a policy baseline on top of what congress is asking them to score, their judgment about what the longer effects will be from various programs, it is a judgment call and quite useful, you will see that, they mention for trillion and i think that's a reasonable number. the original idea that house budget committee mark was 4.3 trillion, but if you scored a properly as my own mcginnis and some of the outside budget groups, it's about 5.5 trillion, because of this gimmick, this clever, but not really clever, shortening of the time frame. so they sunset it. but the idea is wink link, nod nod, we will never, we are going to make it permanent. >> anita: a congressional trick, nancy pelosi called this a transformational bill and we got a look at the text of what is in it, most spending on clean energy, climate investment, 400 billion for universal pre-k, 200 billion for extending the child tax credit, what is transformational and how does this change the economy? >> it's a good point, and broadbrush terms, what they are doing here is moving us towards a welfare dependent centrally planned economy. so they are saying you don't really have to work at the margin, we are going to pay you so you can enjoy leisure. you will depend on the government, we will control you. i am strongly opposed to that and i have been throughout my career. i think that work is a virtue it provides dignity. a provide service to the economy and our families that earn a living and people are a lot happier when they work. but that's what is going on here. even in the areas of child care for example or dependent care, i think that some of these government programs would prefer to substitute government for parents, government for family. and you see that in the education debate now is the you are aware of what is going on in virginia and elsewhere with the school boards. so that's one big transformation, the other one that is insane is a $550 billion on climate change subsidies and targets and again central planning by government to move us out of fossil fuels in ten or 15 years, and that is not going to work. if it ever day to it would be catastrophic. prices will soar, they are already rising, prices will soar, when power is part in the mix, but not reliable, so inspiring, but not reliable. >> anita: a lot of ideas and spending, hold onto your hat. we will follow it, benjamin. >> benjamin: republicans up in arms about a fault in "the wall street journal," according to them, the biden administration is considering paying to people who cross the border illegally from separating their families, $450,000 per person, texas congressman saying that the affected if a service members killed in action, their next of kin gets a payment of $400,000. let that sink in. jim banks joins us now. he is the chairman of the republican study committee, thank you so much for being with us and it strikes me that this is totally counterintuitive if what you are trying to do is secure the border, what are your thoughts? >> that's exactly right, not just open the border wide open, but created a giant magnet at the border, twice as many as illegals coming over as those who live in joe biden's home state of delaware since he became president of the united states of america, and ace is one of the reasons why when you have this attitude rewarding those who come over the border with like a reconciliation package for example with mass amnesty, tuition assistance, child tax credits, and on top of that you agree to pay $450,000 to every illegal who was separated at the border. you are just making that magnet even worse. >> benjamin: voters are paying attention, a fox poll shows that when asked about border security and immigration, president biden's disapproval rating on both of those was 61 and 62%, president biden said that his message is very clear and people should not come, why would he say that and then come up with a policy like this? is he not so concerned with immigration? don't forget we had record numbers in july alone, 212,000 people across the border, what's the policy from the administration? >> the policies are very intentional, it's obviously clear that the administration is creating this magnet that is attracting millions of illegals to come across the border. we can only speculate as to why those intentions are calculated on their part, but it's obvious in the way that the administration, their very first actions to stop construction of the border wall. to reinstitute catch and release policy is an end to the trump policy is like the remain in mexico policies that worked under donald trump and they obviously reversed to them because they wanted to create this magnet at the border to flood our country with illegals, the courts have already told the administration to enforce the law and reinstitute, remain in mexico, and they have refused to do so. >> benjamin: they have identified 5500 children separated at the border due to the trump administration's 0-tolerance policy, so it could be a billion dollars, but it feels like it is an apology to people for the previous administration's policies, what do you make of that? >> no doubt about it, not to mention a part of the billion dollars is going to go to the attorneys who filed the lawsuits on behalf of the illegal and the illegal families they came across the border to begin with as well. but that's what this is. it is a calculated political decision by the biden administration to shame the previous demonstration for their policy is. i thought that dan kirchhoff put it off very well, i served afghanistan just like dan crenshaw did, that they would pay families of illegals four times the amount of money that we gave the families of the 13 service members were killed in afghanistan tells you where the priorities of the biden administration are. >> benjamin: not to mention that there are a dozen law firms now negotiating on behalf of these immigrants and are getting paid millions as well. congressman, thank you so much for being with us today. we appreciate you. >> anita: the clock is ticking for first responders in america's biggest cities, the officials telling them to get the shot or you won't get paid. >> benjamin: if you own a home you have learned the hard way to get anything done means more cash, why it is only going to get worse. ♪ ♪ these rates could cut thousands off your mortgage payments every year. with their two and a quarter refi, there's no money out of pocket and no upfront fees. newday's holding the line on those low rates so every veteran family can save. 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. hello, for the last few years, i've been a little obsessed whose resumes on indeed ma 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york city must have at least one dose of the covid vaccine if not they are off the payroll and on unpaid leave, emergency officials warning this mean staff shortages come up ambulance ends and lives on the line, but bill de blasio says that the worker shortage can be fixed by his backup plan, david lee miller is alive with more from new york, david. >> benjamin, new york city says it has contingency plans in place in the event there is a shortage of police and firefighters resulting from noncompliance of the city's vaccine mandate. as he pointed out, those who do not have their first shot by 5:00 p.m. eastern time will not be allowed on the job and will be placed on unpaid leave. the union officials are warning that the mandate could very well in danger lives. according to the city's police commissioner in just the last day 1,000 cops received their first toast increasing a number of vaccinated to 80%. if there is a shortage of personnel, the nypd says it is ready. >> new yorkers should not, should not be worried about this, because on the pt side we have people working throughout the weekend, we have myself, the executive team having whether it is calls sitting around the severity table i am at each day this week in the contingency plans are in place they are, will not affect cops on the street. >> as for the fire department, 71 of employees are vaccinated, they issued in part, we will use all means at our disposal including mandatory overtime, from other providers and significant changes to the schedules of our members, we will ensure the continuity of operations and safety of all those we have sworn oath to serve. and although the vaccination deadline is technically at 5:00 p.m. today, the city says that workers who get vaccinated over the weekend will not lose any pay. however, one deadline does remain in place, that deadline says workers that get vaccinated by 5:00 p.m. today will receive $500 bonus. benjamin. >> benjamin: the people who serve the community and work throughout the pandemic and already recruitment problems among these groups, thank you very much. >> anita: out west, the county sheriff alex bill and a way says the covid vaccine mandate is causing a mass exodus that within his department, live in los angeles with more in the story, christina. >> yes, that's right, seeing the october 1st vaccine mandate for l.a. employees is causing this mass exodus within his already defunded and 2d staff department. he calls the situation an imminent threat to public safety and says a further shortage and staff will result in a decrease in arrest, and fall rates for violent crimes like murder. >> if killers are on the loose gunning people down, i don't have enough homicide investigators, that means they stay on the loose a lot longer, what do you think they are doing in their downtime? >> the sheriff warning comes as l.a. county experiences a rise in crime, homicides up by by 40% compared to last year and auto theft up by 30%, in the meantime unscheduled retirements and employees quitting are also on the rise at the sheriff's department. earlier this month shira villa nueva explained why he won't be enforcing the vaccine mandate on his already stretched thin staff. >> no, i'm not forcing anyone, the issue is so politicized there are entire groups that are willing to be laid off rather than be vaccinated, i don't want to lose five or 10% of my workforce overnight on a vaccine mandate and at the same time bare-bones with defunding efforts, so this is the worst of two worlds right here. >> l.a. county officials say that the vaccine mandate is necessary to secure a safe and good work space for the 110,000 employees, noted that he is not against the vaccine, he says he got the shot and is encouraging others to do the same, but he says that he believes that should be up to people that make that personal decision for themselves. i need up. >> anita: crime on the rise, officers off the job, not a good situation they are, thank you for the live report. ben. >> benjamin: construction costs are skyrocketing because of the supply chain crisis, to the backlog of cargo ships off of the california coast and whether you own or are building a home, you know how much more it is already costing you. kelly o'grady live in long beach, california, today. kelly. >> well, benjamin, impacting the most vulnerable populations and i am here at one of habitat for humanity's big build back from the pandemic and of course during at we saw the demand for single-family loans spike even if it is the celebration it is being sold in everything from timing to cost, and how to build a home it requires hundreds of different supplies many of which are severely backlog due to the ports and on top of that construction costs spike as a number of materials have increased nearly 30% this year, you can see that the steel meal, the whopping 81% since the end of the year. >> the supply chain issues have been a challenge, because we have seen the prices spike and has seen fuel prices spike and delays in getting other materials delivered, signs delivered and things like that. >> the mixture of these dynamics driving on average 20% more than last year, and we speak to hdtv's property brothers and they say this is not just an l.a. problem. >> every city we work and, everywhere we film, it's crazy right now and i've never seen the market this busy especially for construction. >> with all the supply chain crisis, it begs the question and how they will find the rising costs, but at least we have a bright spot for the new homeowner in the community coming together to help. speak to kelly o'grady, new to the fox family, welcome and thank you very much. i need up. >> anita: the tide seems to have completely turned in the nation's most crucial race for governor, chris wallace on deck on what it all means big picture going way beyond. ♪ ♪ e first. if you wanna be fresh, you gotta refresh, like subway®. like the new baja steak & 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sunday" host chris wallace joins us now, great to see you this friday and get your thoughts on this, now with virginia and a brand-new fox pole, showing glenn young can ahead of terry mcauliffe by eight points, that's a pretty comfortable lead if it holds, how do you see things this tuesday? >> this race is a curious one, that's a 13-point swing in a couple of weeks, there is a new poll out today that shows mcauliffe leading by 1, so i don't know if we will have any real confidence on this until people go over the poles once on tuesday, clearly youngkin has more momentum and enthusiasm when you even in the fox poll if you say all registered voters it's a dead heat, but when it comes to likely voters, the pick and by the eight-point margin, so it does seem the republicans have been more excited, and that translates into going out to the polls, and then democrats are, and has really gotten a hold of this issue of parents involvement in schools, that has become a very hot issue in virginia and youngkin has a big lead over that, what is particularly important about that is that you see not only in virginia, but a lot of states that syrup urban voters especially suburban women moving towards democrats, he sealed it with joe biden beating president trump in those areas and the voters last year, but in the suburbs right now, a big lead that could be important not for what happens on tuesday, but a blueprint for what republican should do going ahead to the 2022 midterm. >> anita: picking up on that team, even if he were to pull things out in the end, what is the message for democrats and president biden. you talk about education being a central issue in the race, but it could be all over the country, right? >> absolutely, on the flip side that gavin newsom had the call in your state of california there was a thought that because he campaigned as much against donald trump as he did against the recall of the larry elder that seemed to energize democratic voters, that was a blueprint for democrats against donald trump. lord knows that they are trying to do that in virginia, but it does not seem to have been as effective there as to how things were in california, so it could be an indication that if education is a good issue for republicans that donald trump may not have quite the power that it had six months ago for democrats. >> anita: it's a different set of issues in virginia to some extent, let's talk about the president's trip overseas, it's going to be meeting with leaders from the 320, a couple to big players won't be there, president xi of china, president putin will not be there, we saw them meeting with the french president, a little bit of an awkward moment, can you talk about what happened? >> there was some discussion obviously there was a real breach in relations between us -- or a rift in relations between us and our oldest ally france over the fact that the u.s. and britain kind of stole a contract or a summary nuclear technology from the french and the french were very upset about it, and president macron made his displeasure are noted again today, but in the end of body language seem to be pretty good and it's very much to the advantage of both to be together and to be seen as being together. the big problem for joe biden is that he made a real push to get this infrastructure package past and for progressives to say, okay, they are going to trust him and he will also get the big $1.75 trillion tax and spending bill passed as well, but despite his going and pleading with house democrats to trust him and to pass the infrastructure bill, they did not do it yesterday. they rejected it, which is a real kind of slap in the face, and this is not republicans he was dealing with, this is the house democratic caucus, just members of his own party, but the split between moderates in the democratic party and progressives is so strong that even the president does not seem to be able to breach that. >> anita: we will see if they take a vote next week, right? in the meantime you will be talking about that's on "fox news sunday," what else do you have on tap for your big show? >> thank you, we will talk to secretary of transportation pete buttigieg that thought he would be talking about the infrastructure package passing in the senate in august and it would hopefully pass in the house yesterday, not going to be passed, so we will talk to secretary pete buttigieg about that and what it says about the strength of joe biden and his influence not just in congress, but even among members of his own party. all of that on "fox news sunday." >> anita: good stuff, we will be tuning in, thank you so much chris wallace. >> thank you, anita. >> benjamin: it seems that virginia is the political pulse of the nation, one of the biggest names in the republican party depending parents attacked by school boards and feds all because they protested the left push to drastically change what their kids learning class. it comes as a newly obtained documents reveal school board officials requested extreme safety measures for their meanings. meredith live in washington. >> for months parents in the county have been showing up to protest what they believe are terrible choices impacting their kids, but now as you mention fox's learning that school officials saw some of the same parents as a threat at these meetings, document showing the superintendents particularly wanted help from the sheriffs county ahead of a meeting back in august and basically wanted other deputies and canine dogs, and even a special operations team to be nearby just in case, the sheriff's office denied those requests and they said to your is extraordinarily and will constitute a minimum of approximately 65 sworn deputies, despite this he failed to provide any justification for such a manpower intensive request. we have seen the video and they have become heated in recent months, but conservatives say these parents are not pushing for violence at all instead they just want their boys to be heard. even mike pence is applauding these parents for speaking out against controversial curriculum choices. >> the here in virginia are good for taking on the most egregious example of the radical left's agenda and our local schools. >> republicans are also demanding attorney general merrick garland resigned after he urged the fbi to get involved with schoolboard security matters, the justice department says stand by the directive only trying to help the public and public officials from violence, they are not buying it, accusing the justice department of trying to silence parents. >> we will continue to raise fresh every day and i want to encourage every parent out there to please get involved in your kids education, if somebody gives you trouble, call me. >> senate republicans are demanding the justice department turn over documents of the original request to get law enforcement involved, and hoping for the documents by monday. >> benjamin: mark, thank you very much. i need. >> anita: with potential charges looming in the alec baldwin movie shooting, the armor says she has no idea where the live rounds came from. >> benjamin: insights from someone with decades of experience who has also worked with baldwin. coming up. ♪ ♪ [ ferry horn honks ] i mean just cause you look like someone else doesn't mean you eat off the floor, [ chuckles ] or yell at the vacuum, or need flea medication. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. fox news alert. let's listen in. >> i would've liked to have a deeper conversation with the district attorney and reach out to miss glavine, andrew cuomo's attorney and explain what was going on, but needless to say the document was signed and leaked, things don't always work out as planned. so that's where we are today. mr. andrew cuomo is scheduled to appear november 17th at albany city court at which time he will be processed and assuming they were released any questions? >> was that the deal publicly? >> much. >> and speaking to the victims? >> we had numerous conversations with the victims. but we would've liked to present everything and sat down with the d.a. explain exactly what we had. i would've also had a courtesy to reach out to ms. and what we had in the next process would be, but things change and to this does not always work out as planned. >> this today with the victims and the p.a.? >> we have had conversations every day with the victim, i have not spoken to the d.a. today. no. >> the former governor saying that you are in on some conspiracy against him customer can just a few minutes ago saying the fruit of the poisonous tree poster marks because that's a pretty good one. this is how they play them you guys have been in the business and some of the tweets that come from the party in the governor's office, this is my job. i would rather they throw it at me that throw it at any victim over and over and over. i've been doing this a long time. i've been called much worse. >> calling one of your assistance to talk about this and ask about your reelection, did you perceive that as threatening and/or a threat on your reputation, but what of the question do you think it will need to get andrew cuomo convicted and why do you think it will not go to trial? >> as far as the election comment, i have no idea what that is, they were trying to muddy the waters saying it was an election employer something to that effect, i don't know. people always tried to distract or retract away from the real investigation, so i'm not really concerned about that. we have a solid case to our investigative staff did a marvelous job and i'm proud of the work they did. they took a very high-profile investigation and methodically broke down and could not be more proud of them. executing a lot of search warrants and data and i would also like to say thank you to the law firm down in the city with a valuable and substantial asset to us as well as the new york state attorney general. >> do you think that this will go to trial why or why not? >> you know, i don't know if it will go to trial. i think we have an overwhelming amount of evidence, we have a victim who has been cooperating fully every day every step of the way, as far as a conviction or something to that effect it will come down to a jury or a judge? as well as the district attorney's office. >> can you talk to us more about what happened yesterday was it a miscommunication that occurred and also can you talk a little bit about the evidence in this case? one complaint that it was a list of things, is there anything additional? >> i really don't want to do a deep dyed all of the weeds and the investigations in the facts in the circumstances of the case as far as miscommunication i don't want to say it was a miscommunication, i will say that again we did not anticipate a quick return like that nor do we anticipate everything will be posted on the internet and again just out of common courtesy we would've liked to have made some notifications. >> you said a criminal summons was issued, who does that? >> city court judge. >> how soon does that happen after you file? >> five, 10 minutes. it's relatively unusual, again, the internet knew about it before i did. i was in my office and received a phone call looked on the internet and it was posted on the internet, so that was a little bit problematic i think was improper, but again, some things don't go as planned and you have to roll with it and get ready to prove it and move on. >> the complaint lays out a very specific day and a very specific crime, the attorney general's office struggles to nail it down, what was the breakthrough? what allows you to determine that day in that time? >> i have great investigators. >> some evidence that helps? >> again, there was a great focus on that date in the attorney general's report, but if i recall when you look at the footnotes it goes on to say the victim is unsure of the exact date and i think that that was everybody just sees the opportunity to say that it's impossible it happened because of the date, that's not really accurate. again we executed a number of amounts of search warrants and had great participation with davis pope and we were able to nail it down and come up with the time frame. >> today and back in august you had mentioned that it's really important to not re-victimized the victims at the time executive assistant number one was anonymous between now and back then she has been made public, what would you say the effect was made the investigation more difficult now that the layer of protection that you have heard the victim has been lifted? >> i don't think it -- yes, it did make it a little harder, but again this person wanted to seek justice and has been with us every step of the way, a number of calls have gone back and forth and listen, this has got to be very traumatic for her, it is easy for me to stand up and talk about it, but i'm sure it's not for her. and again, we did not want to -- we handled it like a normal investigation. and it's a misdemeanor, and misdemeanors are normally sat down and conferred with on every case or there will be no justice. we handled us like we handle every investigation and again, i want to put an emphasis on our victim cooperated every step of the way. >> you are working with her had worked with the law firm, is that the law firm that is working with the judiciary committee? have you been working with the state assembly is part of their investigation also? >> not the state assembly, but the embedded educators, we have shared information back and forth with them, they are very valuable asset for the investigation as well. >> how it generates? >> some of the information they generated from their investigation and the information we resulted as our investigation and that we were sharing. and of course we had the new york state attorney general's report as well. >> when the summons was issued, have you determined the process? >> i feel very confident that the district attorney is going to prosecute this. and yes, i did talk to them after yesterday afternoon. i can't share any of that. >> you said that you are connecting your own investigation to the misdemeanor and not always going every misdemeanor, this is unusual in a sex crime against the former governor, why not just consult with the d.a. before bringing the charges? >> it's not that we did not want to or tried to avoid that, we had some time when the paperwork was down at the albany police report, and it's unfortunate it came so fast, but again the criminal investigation does not always go as you want, but we got it, and we called the d.a. and had a conversation. and will probably mean meaning the information over a period >> do you have any concerns of whether you filed if they would be able to prosecute the case? >> no, not about prosecuting the case. >> when you sent your investigator to submit the paperwork it was her intention to file t case, correct? >> yes. >> or the caucus now taking down a 13 days with the d.a., gathering the own investigation by moving forward and not having those conversations with the d.a., do you feel that it has compromised any broader investigations or charges the d.a. could have found? >> no, nothing is compromised at all. the investigators did an incredible job, spent countless hours, weekends, nights, sitting in here just sifting through pages and pages of information that was received as a result of the warrants. and the cart with the leman clock has not started ticking, he will not be arraigned until the 17th of november. >> can you tell us what happens on november 17th and after that? >> so, and again, that date is the date that is relatively fluid, i'm sure ms. glavine can reach out to the d.a. were the judge and change that date, move it back, that was set by the court, but at that date mr. andrew cuomo and his attorneys will come up into the police courts, he will be arranged and he will be process probably at our headquarters in downtown albany. >> what time? >> it is my hope that he shows up, i don't think he wouldn't. >> nongovernor does not make a court hearing? >> at that point you could have a criminal arrest warrant issued and that would be up for the judge and the judge may reach out and give them another opportunity, but at that point i'm sure that they would issue an arrest warrant. >> do you have every confidence that the d.a. will prosecute? could this d.a. indicating to take it back and maybe refile other charges that they want to? >> i don't know anything about any other charges, discharge the information in the evidence obtained, this charge hit again we did not want to muddy the waters and throw a bunch of charges out there and see which one sticks, this fits the allegation and it fits the evidence that was obtained by the criminal investigators. again, this is a misdemeanor. the d.a. is conducting an investigation. he has an investigation separate and apart from mine. and again, we told you, we told the public that we will conduct an impartial investigation and a very comprehensive one, and nuts what we did. we do not rush us. we did not delay it, we took our time and went through it. and again, they did a great job with it. >> would you say that your investigation is definitively over at this point? >> we have a couple of housekeeping things to keep in, put back in place and again, people could call tomorrow with new information, so i don't want to say that the doors closed and we have moved on, i would say that we are going to sit back a little bit and see if anything new is generated, every time that the media run something on it we get some information, some we can use, some we can't use, some is just background information, but i would not want to stand here and say we are done and we have moved on. >> your office on the legislation seen on an individual? >> we did not serve subpoenas, we served search warrants, but i really don't want to get into the discussion of any of the facts around that. >> they said they were not involved at all at any point? >> if they have something to offer information, sure, but at this point, no. >> would you have wanted that summons? it went out sooner than he would've liked, what was your goal, when was your goal for that? >> not to yesterday afternoon at 4:00 it, how long, i really don't want to get into that it's really not -- >> you had some meeting scheduled with the d.a. for next week, were you hoping to get to it to then? >> the signing of it after that? >> anita: we have been listening to albany county sheriff craig apple talking about the late documents charging former governor andrew cuomo with forcible touching as a misdemeanor. he said he certainly would've liked to have reach out to the attorney read a glavine before to give her the heads up, but that did not happen, that was improper, but he says there is an overwhelming amount of evidence and andrew cuomo will appear in court on november 17th, he also said he is confident the d.a. will prosecute this case. let's bring in fox news legal analyst mercedes colwin to talk about this. mercedes, what was your take on the press conference? it seems like an unusual chain of events? >> it is certainly unusual because of the leak. that's one thing, usually there are a back channel communications with a representative party who has been accused of a criminal charge, especially their representative and known to the d.a.'s office said there are generally calls made to the council to give them a heads up and that's not what was done, but they did feel a lot of questions from the reporters and i thought that the reporters were doing a good job of asking a lot of though poignant questions of the public would want to know, number one, whether governor andrew cuomo would appear for his arraignment, and it was clear that if he does not appear, he will likely then have a warrant for his arrest, that was in a bow warning ms. glavin that he better appear for the arraignment. and frankly, that is generally done, it's not something that is done in this case, and is certainly not specific to former governor andrew cuomo, this is someone appearing for arraignment, generally a benchmark for the arrest. but it's pretty typical, it was clear from the press conference that this was above and beyond what they found in her extensive report that we have all read the reports, and is tackling a lot of detail, but it was on for the criminal charges and an investigation -- independent investigation was done, that would be the only part that would allow interest as to whether or not it was simply based -- i don't want to say simply, because it exhausted a sense of investigation by letitia james, but with respect to the charges, they are so specific and important and obviously sexual abuse charge in the nature of a sexual offense. >> benjamin: mercedes, where could this lead if after the 17th, what is the worst that could happen? >> i can't imagine that former governor andrew cuomo would say that would plead to it, i'm sure he is going to profess his innocence as we have all seen when he was brought up on at least the charges, not the criminal charges, but the allegations against him, he was firing his response. he denied that he had any wrongdoing, can imagine anything different would happen on november 17th especially when you're talking about such a serious charge, and i know that it is a misdemeanor, forcible touching lament touching as a misdemeanor, but it is a sexual offense, and in some cases they can be registered and can be on the sexual registry, which frankly is devastating to be on that registry a minimum of ten years to be on that registry. >> anita: one of the reporters asking what would happen if he did not show up, is there any possibility he would not show up for that arraignment? and i think we have laura ingle also joining us now, might want to bring her in, you have been covering the case for a while now, what is your case on the question of whether he would show up to court? >> i think of course you probably will and we have heard from his spokesperson who is apparently obviously very angry, the statement coming from rich as a party releasing law and politics totally separate and this is a toxic intersection of the two, letitia james using her office to attack the governor and violating the law in the process, as we have been awaiting the press conference to happen and what was stunning to hear them say that the criminal complaint was leaked was one thing that the sheriff said before the press conference took place speaking to a local radio station in albany saying we will not see the governor coming out in handcuffs, there will be no perp walk, he will be fingerprinted and photographed. >> anita: all right, laura ingle and mercedes coleman, thank you for that, benjamin, we will go to you. >> benjamin: and other breaking coming out overhead that queen elizabeth has been advised to rest for two weeks. she was supposed to be an glasgow for the climate conference and that was canceled, now we are hearing another two weeks she is being requested to rest. she spent the night in hospital about a week ago and that started to get some people worried, remember that she is 95 years old and so perhaps a bit of rest is not a bad thing for her, but news over here has been prince philip dying earlier on in the year, so we will watch that very closely for you i bring you any news on that as we get it. but that news also just breaking in. >> anita: glad to have you with us to cover that, thank you so much, everyone, i am anita vogel. >> benjamin: and i am benjamin hall >> martha: thanks. good afternoon. i'm martha maccallum. we have two exclusives for you this hour. first, a stunning move in the latest fox polling in the virginia governor's race. this is a bellwether for president biden as we look to tuesday in virginia, which is in all recent cycles but a blue state. take a look at this. mcauliffe, a long-time clinton pal, eight points behind the republican, glenn youngkin who is a first-time candidate. two weeks ago, mcauliffe was

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