will be votes on the social spending bill and the bipartisan infrastructure bill. speaking of spending, a complete reversal tonight from the white house on the idea of paying huge sums of money to illegal immigrants separated from their families. we'll have that story. we have fox team coverage. peter doocy is at the white house with what the biden team is saying about that today versus what the president said yesterday. but we begin with congressional correspondent chad pergram on capitol hill with where things stand at this minute with the spending legislation. good evening, chad. >> good evening, bret. democrats are stuck one senior democratic leadership aide described this as a, quote, blank show and that's not the term they used. this could mean the house doesn't vote any time soon. house speaker nancy pelosi does not go to the floor and lose. if she had the votes, the speaker would have called the vote. >> do you expect the vote tonight and is it possible that you might just vote on the infrastructure bill considering everybody seems to be bought in and saying it's ready for a vote? >> no. >> what are the big hurdles you have to overcome. >> i will let you know as soon as i wish to. >> the hurdles are the math. pelosi only has a 3 vote margin in the house. moderate democrats demand a final cbo score on how much the bill would actually cost and more time to read it one hold out is moderate maine representative jerrick goldman. his spokesman says democratic leaders have failed to meet his demands. joe manchin insists on changes. >> cbo scoring talking more about the effects it has all through our economy and through through people's lives. that's something reasonable to ask. >> i have a lot of concern. they're working off the house bill. that's not going to be the bill i work off of. >> in other words, what the house passes is far from locked in with the senate. >> the other thing we are getting we are sending stuff over to the senate. >> any concern that any of this is, quote: messaging that they have to take some of those things out regardless no matter what you send over? >> no, no. we are -- >> democrats know a more liberal house bill will not survive in the senate. the g.o.p. says democrats are tone deaf after tuesday. >> you perfected the bill. you made it stronger. you made it transformational. well, let me tell you something, the american people do not want this country to be transformed in the way you want to transform it. >> the blue states and blue cities are yelling at the left wing of the democratic party you are nuts. slow down. >> pelosi conceded it may have helped to approve the infrastructure bill before the election, one democrat asked what's the rush now? that democrat said the rush should have come before tuesday. bret? >> bret: you know, chad, quickly some moderate democrats including representative cuellar from texas saying they have the votes to kill the build back better the reconciliation bill. nancy pelosi is not known as speaker for putting something on the floor unless she has all the votes, right? >> that's right. and that's why this vote has not happened just yet. and steny hoyer the house majority leader just came to the floor about a half hour or so ago and he said if they are going to vote tonight. they will give members one hour notice. >> bret: okay. if we get it, we will bring it to you here. thanks, chad, now to the complete 180 tonight from the biden administration on whether it will pay huge compensation to illegal immigrants separated from family members at the u.s. southern border under the previous administration. a story thats really dismissed by the president and top democrats. >> their story is changing the white house now confirms cash payments for some illegal immigrants separated from family members at the border. >> the president is perfectly comfortable with the department of justice settling with individuals and families in litigation with the u.s. government. >> confirming a report the president himself dismissed. >> that's not true. it's $450,000? that's not going to happen. >> yes, it is. just for a different dollar amount doj made clear to the plaintiffs that the reported figures are higher than anywhere that a settlement can land. >> the aclu is blaming this confusion on bad staffing saying president biden may not have been fully briefed about the actions of his very own justice department. >> is he misleading us or he just didn't know? >> house republicans pushing legislation to block these payments, congressman tom mcclintock is sponsoring the measure and writes: who says crime doesn't pay? under biden it apparently pays very well indeed. >> biden is saying he doesn't know about it but i think another example of disarray here in washington with one hand not doing -- knowing what the other one is doing. >> democrat hulaian castro defends et six figure paydays they are not payments but legal settlements by families wronged by the u.s. government. senator tom cotton compares the cash to reparations $450,000 is too much then we can accurately report that those payments will be up to $449,000. bret? >> bret: that is what they are hanging their pushback on, right? that he said that's not going to happen and he was specifically referring to 450,000 as opposed to 300 or 400? >> yes, but, bret, if that's what the president meant, he could have just said that i asked him a very direct question. >> bret: that's right. >> he dismissed the idea entirely. they are saying that he was just dismissing the $450,000 but if payments like this were completely out of the question. well, the president made it sound like the payments were completely out of the question. and now they are saying no, no. just the $450,000 payments. >> bret: well, we will follow more on this with the panel peter doocy live on the north lawn, thanks. a russian analyst who helped provide information for the now infamous dossier that fueled the trump-russia investigation has been arrested. it is a crucial part of the ongoing probe we have been telling you about since the beginning by special prosecutor john durham. correspondent david spunt has the latest details tonight from the justice department. good evening, david. >> bret, good evening. big story. his name is eager dan zheng co-and charged with five counts of lying to the fbi. he was arrested this morning. he was in custody earlier today. we have some fresh video within the last hour and a half of him leaving court in the eastern district of alexandria, special counsel john durham says dan zheng co-see him in the white shirt russian national living in northern virginia source for christopher steele who compiled the wildly talked about yet debunked steele dossier full of accusations about former president donald trump. the indictment alleges that he lied to the fbi about working for steele as his primary source of information. dan cheng co-appeared in federal court in the eastern district of virginia where a judge released him with no electronic monitoring. the indictment also mentions his involvement with someone identified as pr executive one. someone believed to be close to the hillary clinton operation. he is the third defendant to be charged in john durham's two and a half year probe looking at the origins of the russia investigation into trump and his associates. the other two, bret, kevin clinesmith, a former fbi attorney, pleaded guilty to falsify ago document used to obtain a fisa warrant against a trump campaign aide carter page the other michael sussmann is the former clinton campaign attorney charged with lying to the fbi about alleged connections between donald trump and the kremlin. sussmann's information did not pan out. today a judge signed an order dealing with classified information as part of sussmann's case. clearly building a pattern charging lower level officials lying to the fbi. attorney general merrick garland recently confirmed durham's budget was renewed and he continues to do his job. while kevin clinesmith pleaded guilty. sussmann pleaded not guilty. he wants to fight this all the way to the end. eager dan zhengo tried to plead guilty to the court today. judge said this is not appropriate time. he 8 be in court next week and of course, we will follow it bret? >> bret: great job. we will follow it david, thank you. let's brings in george washington university law school professor jonathan turley. jonathan, thanks for being here. i saw your write-up earlier. you solid this a seismic development, why? >> well, it's an important in a number of respects. first of all, this is considered one of the primary sources for the steele dossier. but the indictment gives us another insight into what durham knows. and what he has revealed in this indictment is new. it shows the different layers of connection with the clinton campaign, particularly the figure who is referred to as only as p.r. executive 1. this is described as someone who was an adviser to hillary clinton on her campaign, was involved in her campaign, involved in the democratic party. but he is actually in moscow making connections with some of these figures. at one point he even gives one of these figures the autobiography of hillary clinton with -- written in it is to a true democrat. or something of that sort. so just as bizarre on a number of levels. but it adds to what is created -- what is becoming a mosaic. he would learned earlier, if you recall, that president obama was briefed by -- for the national security establishment flagging, that hillary clinton was thinking about creating an allegation that trump was in collusion with russia. this led to an actual briefing of the president. it was after that that the steele dossier was -- made its way into the fbi. what durham has shown is that there was never any real support for these salacious allegations. and he is accusing this person of actually lying and sort of covering his trail on key meetings. as to where he got this information. >> bret: this is really s real , you can look into it. pr executive one is tied to the hillary clinton camp. he has more contacts with the russians than the mullah reports suggests directly that donald trump and his team had. what i don't understand is if the fbi knows he has lied back in 2017, why, one, does it make it into the mueller investigation in any way, shape, or form and, two, how does it end up as part of a fisa court request? >> yeah, and if you remember, bret, back then there were -- sort of rumors that durham was not happy with how these facts were portrayed in the mueller report. because we now know that the fbi early on said that the steele dossier might have been a vehicle of russian intelligence, to spread russian disinformation. but, more importantly, what durham is saying here is even the most sort of light investigation would reveal that there was nothing here. and it specifically you have this individual who told the fbi that this was unsubstantiated, that steele had not made it up but had misconstrued it so dramatically that he could barely recognize it. >> bret: i mean, this is fascinating. thank you for coming on. i think we have covered this from the beginning, but it seems like it is gaining steam. and we appreciate it, jonathan. >> thanks. >> bret: a federal judge expresses skepticism today when former attorneys for president trump asked her to prevent the handover of documents sought by a house committee investigating the capitol riot on january 6th. the judge called some of the committee's request alarmingly broad. but she disagreed with the claims from the former president's lawyers that congress did not have a legislative purpose for getting call logs, talking points and other notes from january 6th. stocks mixed today. the dow lost 33. the s&p 500 gained 19 for a new record close. the nasdaq surged 129 to a new record finish. up next, so how did the defund the police movement do around the country during tuesday's elections? we'll take a close look. first, here's what some of our fox affiliates around the country are covering tonight. fox 11 in los angeles where all employees and customers must show proof of full vaccination to enter drinking establishments such as bars and night clubs. customers who do not provide proof of vaccination may still be served an outdoor areas. in san francisco, city officials will soon require children ages 5 to 11 to show proof of vaccination to access indoor businesses and activities such as restaurants and gyms. fox 35 in orlando where a beer can helps investigators crack a cold case. authorities have arrested kenneth robert stow jr. who was accused of murdering a convenient store managener 1996. blood samples from the scene matched d.n.a. on a can of beer stow threw threw no a dumpster nearby. this is a live look be cleveland fox 8. one of the big stories there tonight the metro park zoo announces the first ever birth of a baby gorilla at its facilities. the new gorilla came into the world october 26th. when the baby boy's mother failed to show appropriate maternal care a gorilla that has raised four others took over the mothering duties. there you go. that's tonight's live look outside the beltway from "special report," we'll be right back. ♪ it's the circle of life ♪ ♪ and it moves the soul ♪ tual. they customize my car insurance, so i only pay for what i need. how about a throwback? 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 ♪ 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 ramlyifications of tuesday's off year election voting are just beginning to be felt in many communities. that is especially true in places that considered defunding their police department for featured race races in which crime was a major factor. bryan llenas takes a look tonight ♪ chanting defund police. >> what started as rallying cry for protesters and rioters in the summer of 2020 defund the police as policy was largely rejected this week by voters nationwide. in minneapolis where the defund the police movement began after george floyd's murder voters tuesday rejected a proposal to abolish the police department as a city saw a surge in violence and lag in police response times. >> the people very much made it very clear that they want more police presence, not less, and their voices have been heard. >> according to the fbi, homicides rose a record 30% in cities nationwide in 2020. voters prioritized public safety and rewarded law and order democratic candidates. in new york city, democrat eric adams a retired police captain, easily won the mayoral race campaigning to bring back plain clothed anti-police units while cracking down on gangs. in buffalo democratic incumbent mayor byron brown not even on the ballot still managed to win to beat a self-declared democratic socialist. he ran on defunding the buffalo police department. voters responded by writing in brown's name and electing him instead. >> i think it clearly is a rebuke of defund police. it is a rebuke of socialism. >> in atlanta, the mayoral race will be a run-off between two democrats promising to increase the number of police officers in seattle the progressive mayoral candidate who voted last year to cut the city's police budget in half lost by 30 points. and a year after defunding its police, portland mayor ted wheeler announced yesterday he now wants to increase police funding by more than $5 million. >> this is the deadliest error in modern times for the city of portland. i hear your fear and your frustrations. >> latest pugh research poll finds 445% of americans want to increase police funding. just 15% want to decrease it. bret? >> bret: bryan llenas in new york. thank you. now that the november election is over we are already as can you imagine anticipating the next 12 month what will be hard fought and crucial midterm campaigning. chief washington correspondent mike emanuel has the first of very early previews of next year. >> looking ahead to next year's midterms, republicans are planning to play offense, targeting 70 house democrats with an eye on winning back the majority. >> every democrat in this environment is vulnerable. and our message to these 70 that we have now targeted and hopefully we are going to be expanding that field have got a decision. you can either retire or lose next fall. >> house republican leader kevin mccarthy predicts democrats will lose 60 seats in the house. the democratic campaign chair says he would take that bet. >> there is always important things to learn about any election and we take that seriously. but, we have a plan to help the country. they have a ploy to win power for themselves. >> perhaps focused on her legacy house speaker nancy pelosi sounds determined to stay the course. after a rough off year election. >> i'm very scientific about elections. district by district, within the district, region by region. and we will see what that is but it was not a good night. >> republican leaders say focusing on pocketbook issues such as the economy, taxes and inflation's impact have made a significant difference. g.o.p. leaders also note siding with parents over the education bureaucracy is a winner for them. >> if you look at the polls that we do at the national republican senatorial committee suburban voters have clearly come our way. hispanic voters have clearly come our way and you could see it in the virginia race. i'm very optimistic that we're going to have a great november 22. >> democrats may be forced to play defense even in traditional blue states. in new jersey, republican jack ciattarelli nearly pulled off a major upset over incumbent democratic bill murphy and truck driver defeated one of the most powerful state president. >> i don't know what i don't know. i will learn what i need to know. >> a new jersey based pollster said it may be time to get rid of election polls. monmouth poll patrick murray says he blew it because his poll predicted an 8-point win for governor murphy. it did not provide an accurate picture of the state of the governor's race. bret? >> bret: all right. mike. thank you. the justice department is suing texas over its voting reform law. it prevents officials from sending unsolicited mail-in ballot applications. it also adds new identification requirements for mail-in voting. prints drive-thru and 24-hour voting locations. limits early voting and restricts who can help voters requiring assistance because of disabilities or language barriers. the justice department says the law violates voter rights. up next, president biden moves ahead with his vaccine mandate for large businesses and now we have a date for implementation. we will get reaction. ♪ wealth is your first big investment. worth is a partner to help share the load. wealth is saving a little extra. worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. >> 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. ♪ your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ♪ >> bret: fireworks on capitol hill on the inside today between republican senator rand paul and white house medical adviser dr. anthony fauci again. paul says fauci is changing the definition of gain of function research following revelations the national institute of health nih funded virus studies in china at the wuhan lab in order to and we paraphrase cover his behind. >> do you expect -- accept responsibility we're not going to get anywhere close to trying to prevented another lab leak of this dangerous sort of experiment? you won't admit that it's dangerous and for that lack of judgment i think it's time that you resign. >> it makes me very uncomfortable to have to say something, but he is egregiously incorrect what he says. >> history will figure that out on its own. >> bret: dr. fauci says the nih is ono longer funding research at the wuhan lab in china. president biden is pushing forward with his controversial vaccine mandate for businesses with more than 100 employees. there is fierce resistance already and threats of legal action but there is now a deadline. fox business correspondent madison all worth shows you don't. >> these new vaccination rules announced today go into effect on january 4th. and they're the farthest reaching covid-19 vaccine mandate we have seen to date it will impact about two thirds of america's fork worse. under this osha requirement edge employees with over 100 workers will be required to be fully vaccinated by january 4th or provide negative covid tests on a weekly basis. who is paying for those tests? the employee. in impacts about 48 million employees. if a company is noncompliant, there are some hefty fines. starting at over $13,000 and going up from there. additionally, all healthcare workers at facilities that accept medicare and medicaid will also be required to be vaccinated. that's another 17 million workers. they will have no testing option. those in opposition argue it is an aggressive form of government overreach. the rnc vowing to sue saying in a statement in part joe biden failed to shut down the virus as he promised. he couldn't do his job. so now he wants you to lose yours. a number of states attorneys general also planning to sue. ashley moody says they will be filing lawsuit jointly with alabama and georgia. three dozen senate republicans also announcing that they will use the congressional review act to try to block the new osha rules. they say there are no legal grounds for forced vaccination. >> we're pretty confident the administration clearly has the authority. we ask the republicans why are they getting in the way? why are they getting in the way of trying to protect and save lives. this is the direction that we're going because, again, this is about putting the pandemic behind us. >> but, businesses are concerned that this could have an impact on hiring and retaining employees at a time when we are already seeing concerns around labor shortages. senior white house officials say these rules will not hurt but instead help hiring and retention but, notice, they did set the deadline for after the busy holiday season, bret? son i know have you been all over the channel first time on "special report." welcome to the team. >> thank you so much. >> bret: cargo ships off the coast as supply chain crisis continues there. on the ground tens of thousands of containers sit unopened in port. when some of them are opened a big surprise awaits chief correspondent jonathan hunt explains. >> in the midst of every crisis lies opportunity einstein said and the cargo crisis is providing opportunity for thieves breaking into this freight train as it idles in los angeles. cargo net theft and recovery prevention network says more than $5 million worth of goods was stolen along the california supply chain in the third quarter of this year, up 42% from a year ago. the thefts are stripping even more potential inventory from stores already struggling to fill shelves as a result of the ongoing backlog at the nation's largest ports, los angeles and long beach. the container ships keep coming at a pace that the port along with their partners in trucking and rail seem unable to keep up with. as the weeks tick by with dozens of ships idling at sea, small businesses in particular are suffering so much so that the los angeles port director is appealing to those larger businesses who don't urgently need their products to get out of the way. >> think of that small third generation family owned business that imports 10 containers of toys a year. their entire payroll depends on the next four weeks. >> president biden's cap cabinet members seem split over the cause much the problem and solution. it's a covid issue according to the transportation secretary. >> if we really want to see all of these disruptions end, we got end the pandemic. that's what getting everybody vaccinated is all about. >> while the commerce secretary suggests it's a private sector problem. >> business has to step up and do their part and we're going to continue to ask them to lean in and help. there is no light switch. if there were, we would flick it. >> so the blame game goes on. the white house, port officials, trucking organizations, rail reps all saying it's not their fault. kids and parents likely don't care. they just want someone to fix it in time for the holidays. bret? >> bret: jonathan hunt at the port of los angeles. jonathan, thank you. up next, iran is coming back to the bargaining table to talk about its nuclear program. will anything change this time? the. >> the iran nuclear deal solves a specific problem which is making sure that they don't possess a nuclear weapon. >> iran can never acquire a nuclear weapon. that never expires. ♪ (naj) at fisher investments, our clients know we have their backs. 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[chanting] >> thousands of demonstrators gather in the streets of tehran chanting dakota america while they are marking 42 years since the takeover of the u.s. in iran the protesters are also focused on current events including nuclear talks as iran prepares to head back to the negotiating table. >> negotiations must happen. but we are confident that in the end the problems will be settled because american is to uproot us. >> american and european officials the nuclear deal or create a similar agreement. iran's chief negotiator confirmed his country's participation in the talks tweeting that the current sanctions against iran are, quote: unlawful and inhumane. escalating tension between the west and iran is not only verbal, on webs u.s. and iranian officials confirmed that iran seized an oil tanker in the gulf of oman late last month. the iranians say a u.s. navy vessel detained the tanker and it had to be freed by iran within a forces. a narrative the pentagon dismissed. >> i have seen the iranian claims. they are absolutely totally false and untrue. there was no such effort by u.s. naval assets to seize anything. amid concerns of military confrontations with the islamic republic, american officials are urging iran to take the upcoming negotiations seriously. bret? >> bret: trey yingst in our middle east newsroom. thank you. you were next the panel on president biden's payments to illegal immigrants separated from their families and of course the latest movement for his tanks and spend legislation. those two bills up on capitol hill. up to the minute with the panel. first, beyond our borders tonight. rescue workers in nigeria recover 15 additional bodies from a collapsed luxury high rise building. the 21-story structure was under construction when it fell monday. the death toll now stands at 36. although it's expected to rise. the pill form of merck's covid-19 treatment receives conditional operation for use in the u.k. the it becomes the first country to green light the drug which is targeted to adults who have tested positive for the virus and have at least one risk factor for developing severe disease such as obesity or heart problems. russia's defense ministry confirms it is tracking the movements of the uss mount whitney amphibious command ship. the vessel joined other ships in the black sea over growing tensions over nato activity. this week russia put air defense systems on alert this at bases in the crimea region. just some of the other stories beyond our borders tonight. we'll be right back. ♪ with xfinity home, you can keep your home and everything in it more protected. i can wrangle all my deliveries. thanks, hoss! and i help walk the dog from wherever. *door unlocks* ♪ ♪ well, i can bust curfew-breakers in an instant. well, you all have xfinity home, with cameras to home security monitored by the pros. *laughs* learn more about home security or get our self-monitored solution starting at just $10 per month. ♪ >> i am really very unhappy about not passing this last week. i was really very unhappy. we had an october 31st deadline. so now we are going to both bills but in order to do so, we have to have votes for both bills. >> i truly believe that we need to slow down. i truly believe that we need to wait and see if inflation is transitory. see how much worse it may get. hopefully it doesn't. >> the democratic party is shoving a massive expansion of government down the throat of the republican party, down the throat of the american people, and i will do everything i can to stop this. >> bret: well, here is the up to the minute update from chad pergram on capitol hill. there is less than a 20% chance of things happening tonight on either or both bills. it's not 3% but it's 20% and getting more narrow. it's possible the house, he says, could just vote on the infrastructure bill it doesn't seem like progressives are going to let that happen. bring in our panel bill mcgurn, mara liasson, and ben domenech, publisher much the federalist. mara, we know that speaker pelosi doesn't put things on the floor unless she has the votes. >> that's right. she doesn't have the votes so it's not going on the floor. and moderates don't want to go with the build back better bill. they do want the infrastructure passed. >> this is the mess they found themselves in before the virginia election. there seems to be a consensus forming that it would have helped, maybe nod made the difference but it would have helped if terry mcauliffe had been able to campaign on the infrastructure bill, the hard infrastructure roads and bridges bill. so they don't have it yet. i think at this point joe manchin gets to dictate the schedule. >> bret: ben, how does this get easier instead of harder after virginia and what we saw in new jersey and around the country? >> well, it doesn't, bret. i mean, at a certain point, you are running out of legislative days. you are running into all matter of scheduling issues as we head to the holidays. and i think that, you know, the big mistake that nancy pelosi made earlier in this process was thinking that i think she could just barrel through all of the different objections that existed within the party. and, unfortunately now, she is in this circumstance, where there is just a very slim period of time here even as you have these continued concerns from the senate side and a level of distrust among democrats that is only increasing as moderates wish that they were dealing with this process and a slower and more deliberative manner and as progressives are saying, you know, look, we have an opportunity here to maybe get some big things forward but they don't trust anybody on the other side either. unfortunately, i think democrats are in a real mess of their own making in this circumstance. >> bret: just in, and i just mentioned new jersey. but the republican candidate jack ciattarelli released a video on twitter moments ago, bill, saying he is not conceding. he believes there are votes out there, a.p. called the election for incumbent governor phil murphy. we ran with the a.p. call. but he says there are more votes to be counted. and he is not conceding as of yet. so, again, new jersey where joe biden won by 16 points a year and a half ago. >> look i'm a citizen of the people's republic of new jersey stand. no one was more surprised than i was by his performance. he just campaigned solely on the tax issue. it shows you all the focus on virginia and donald trump and so forth, there is a broader base rebellion going on. and you know, that reflects some of the democratic skittishness. what you were talking about before, this is an uneven fight because the moderate who i think have no treason vote for this now, their problem is they are not so much moderates as people in swing districts. they are worried about their seats. they are worried about the seats if the build back better bill does go through, right? where the progressives, by and large they are in safe seats. it doesn't matter to them whether it passes or fails in terms of keeping their seats. and what they sees a a window that is going to close on them probably next year with the congressional election, so they want to get a big, ambitious agenda through right now. >> bret: now, this story about paying illegal immigrants separated from their families 450,000, whatever the number is, the doj working on that has really gained and not helped democrats in their pitch going guard. take a listen to the payment blunder back and forth over the last day. >> there were reports that were surfacing that your administration is planning to pay illegal immigrants separated from their families at the border up to $450,000 each, possibly a million dollars per family. do you think that that might incentivize more people to come over illegally? >> if you guys keep sending that garbage out, yeah. but it's not true. >> so there it's a garbage report. >> yeah. $450,000 per person; is that what you are saying? that's not going to happen. >> this is something that the department of justice is going to handle. >> that's how we got here because of the last administration. this is what we're trying to deal with here in this administration. >> bret: so the white house today tried to say, mara, that the president is fine paying -- making these payments. the doj is going to make that assessment. he was just specifically saying it's garbage to say 450,000. now the aclu puts out this statement last night and says president biden may not have been fully briefed about the actions of his very own justice department as it carefully deliberated and considered the crimes committed against thousands of families separated from their children as an intentional government policy but if he follows through on what he said, the president is abandoning a core campaign promise to do justice for thousands of separated families. here's the issue with this. the aclu feels bold enough to put out a statement. >> yeah. >> bret: in kind of opposition to the president of the democratic party. >> yes. >> bret: that sends its own signal out. >> there yeah. well, the aclu is representing these families in court. the $450,000 that were talked about was a potential settlement to settle a court case. this is not an administration policy that says we are going to give you money. >> bret: you heard the president. he sounded dismissive about the whole story and called it garbage. >> yes. but, if a judge rules in favor of the aclu and says the united states has to pay these families something. >> bret: yeah. >> the united states can appeal it. but, this is not an administration policy. >> bret: right, but it was, ben, a clean up on aisle 4 today. >> no doubt that the president said $450,000 no i'm not for that he might be forced to pay somethings less but that's up to a judge. >> bret: ben? >> it was absolutely a clean-up situation. i think what we are learning as we learn more about this situation is whatever that amount ends up being, it's going to be something that is going to be hung around the neck of this administration in terms of what is negotiated and a what they are willing to do when it comes to trying to make these families whole from the perspective of the aclu, something that could be very colmesly and certainly is going to be a campaign issue headed into the midterms. i can see republican consultants across the land just licking their chops at trying to make this a major issue going into the next year's campaign. >> bret: bill, whatever the settlement this is, whatever the dollar amount is, you are paying someone who got into the country illegally, separated from their family because of administration policy, and they get more than the average american makes in a year? >> yeah. look, it's ridiculous, i mean, what struck me, reading the aclu's statement. this may be the next let's go brandon. the president wasn't fully briefed. i could see that being the answer for a lot of things when joe biden contradicts his own administration. it was an extraordinary statement to me. and i think it shows the diminishing acceptance of people just accepting what he says. >> bret: right. and the aclu's statement also suggests something there and we will divine what that is up on capitol hill, i'm sure. panel, thank you. when we come back, a new member of the "special report" family. ♪ our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... giving us confidence in our future... ...and in kevin's. voya. well planned. well invested. well protected. with voltaren arthritis pain gel. my husband's got his moves back. an alternative to pills, voltaren is a non-steroidal anti-inflammatory gel for powerful arthritis pain relief. voltaren, the joy of movement. >> 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. ♪ (tiger) this is the dimension of imagination. ♪ ♪ . >> bret: finally tonight, we love these, a new "special report" viewer. tripp meredith was born this afternoon to correspondent mark meredith and his wife lauren. mother and baby are doing great. mark tweeted out that lauren had a 29-hour labor. that is quite a tripp. mark says they are overwhelmed with excitement and exhaustion. mark here is just a quick note, don't say you're exhausted after lauren's labor marathon. that's just a pro-tip there but congrats. tomorrow on "special report," capitol hill watch, a media look back at election week, what happened in virginia and new jersey, the lightening round, winners and losers, all of that coming your way tomorrow. it's friday tomorrow, by the way. 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 rachel campos-duffy starts right now again, four seconds. that's my hit time. four seconds early. >> rachel: thank you, bret. i will take it. >> bret: good night. >> rachel: good night. great show. good evening and welcome to "fox news primetime." i'm rachel campos-duffy. over the last few weeks we have watched as thousands of federal, state and local government employees lost their jobs over joe biden's vaccine mandate. the impact has crippled our nation with staffing services decreased emergency services and a weakening economy. but tonight it gets worse. if you thought you were safe from the mandates, think again. joe biden will not stop until every last american is vaccinated the administration proving today that the threat biden made back in september was real. >> this is