>> dana: nearly 60% say the president isn't paying enough attention to the most important problems. this according to a new poll from cnn. >> it underscores the achilles heel with the white house. administration struggling to give a straight answer for just about anything. the latest is the michigan oil pipeline whether or not the president will shut it down in the middle of an energy crisis. >> dana: last week the proposed $450,000 pay-outs to migrants. he called the report garbage and the white house walked it back a day later. >> bill: the number of americans left stranded in afghanistan. that figure is changing by the day ranging from 100 to 450 still. >> dana: messaging on vaccines is muddled at best. recent booster roll-out prompting more questions than answers and two dozen states are suing over a vax mandate. >> griff jenkins watching the vice president's trip to france. steve harrigan now to the border and the white house and the north lawn where peter doocy begins our coverage today. nice to see you, good morning. >> good morning and what we're seeing with this pipeline confusion is something that played out over the last few months. officials at this white house are trying to balance ways to protect the economic recovery and ways to protect the environment. >> why is the administration now considering shutting down the line 5 pipeline from canada to michigan? >> that is inaccurate. but the reporting about us wanting to shut down the line 5. >> is it being studied right now? is the administration studying the impact of shutting down the line 5? >> yes, we are. the army corps of engineers is looking through this and preparing an environmental impact. >> they explained the current line 5 pipeline needs to be replaced. it could find environmental impacts unacceptable to the biden white house. line 5 supplies 55% of michigan's propane needs and 45% less crude to michigan, ohio and pennsylvania if shut down. >> what they are doing is every regulation, every agency of government, every way they can to stifle and kill the fossil fuel industry. >> prices are already up. look at this graphic. propane up 54%. home heating oil up 43%. natural gas up 30%. electric heating up 6%. 11 democrats write to the president in light of these pressing concerns consider all the tools available at your disposal to lower u.s. gasoline prices. this includes a release from the strategic petroleum reserve and ban on crude oil exports. hope you will consider these tools and others to make gasoline more affordable for all americans. president biden admitted recently that between now and the carbon-free future, fossil-fuel-free future he sees down the line there is a need for fossil fuels but certain decisions that he makes right now could have big impacts on the prices between now and then. >> bill: watching it carefully. nice to see you. dana. >> dana: the person tapped to take charge of the border crisis arriving in france. vice president kamala harris trying to mend fences with america's oldest ally after the biden administration botched handling with the submarine deal with australia and her ratings are even lower than president biden's. >> good morning. vice president harris landed in paris four hours ago kicking off a week-long charm offensive returning the alliance to one of its strongest after the submarine deal debacle and president biden admitted the handling of it was clumsy. harris seems to be in need of repairing her on poll numbers dropping to historic lows. the new usa poll is 28% approval rating. 10 points below her boss. aboard air force two on the flight over her spokeswoman addressed the plunge. listen. >> the polls are a snapshot in time and at this time i am looking forward to touching down in france and before that i have to take a nap. >> after harris had been criticized for failing to lead in her role as border czar with illegal crossings continuing and payments to families at the border as kelly an conway harris has become a liability for a struggling president biden. >> she is worse off. every time she goes to say something or manage something she is embarrassing to them. she spent as much time in the border as you spend at a drive through at night. >> bill: vice president harris toured a vaccine lab. later this week she will attend the paris conference on libya focusing on migrants and refugees and stronger libya borders to protect from activities. >> bill: now to the border we go. border officials say the flood of migrants has resources stretched to the limit. steve harrigan live on the ground in del rio, texas again today. good morning. >> good morning. it is really a battle here night after night for the texas department of public safety. fox news had a ride along last night with their brush team trying to track runners, usually single young men making their way deep into texas. the problem is they cut through ranchers' fences and create a lot of damage and let out livestock. within two hours last night the fox team was able to see 26 arrests. on the flip side here during the day we see people cross often family members crossing the river behind me and some of them are fleeing oppressive regimes like virginia and cuba. they said they have been trying to get her for 10 years and trying to get away from communism. we are coming here to work. finally a new poll shows 67% disapproval with the way president biden has handled the immigration issue. 67%. bill, back to you. >> bill: steve harrigan on the border. back to you as well with headlines from the border. a lot to go through on the poll. a couple things now. usa today poll we talked about yesterday also. when asked what you want -- the biden administration to accomplish next year look at number one. 20% retire, resign or quit. and look where climate ranks. it's at the bottom at 3%. so the priorities are upside down. >> dana: one of the things that the president continues to say and you will hear it from his spokes people including clyburn and richmond told you this on sunday. the problem the biden administration from their point of view they just don't know how to sell all their successes well enough to the american people. i think the problem is people aren't buying what they are selling. a lot has to do with climate. i don't know how the poll was conducted. interesting that usa today gave him the option of resign, retire or quit. if you say that about a united states president who is unpopular you get a lot of people who will raise their hands. >> bill: the initial point is well taken. the policies you have to sell. if you can sell the policies you can communicate well. but you can't communicate well when the policies are not popular. >> dana: case in point. the issue of paying immigrants, all right? if we could play call for number one please. look at this. fifth or sixth day of this story here is where we are. >> the president is on the record as of saturday supporting compensation for illegal immigrants separated from family at the border. who counts as separated? if somebody was separated for a few hours or a few days, would they be eligible to settle a suit and get this payment from d.o.j.? >> i will direct you to the department of justice. you have asked us this question and we've answered it and i will refer you to the department of justice. >> dana: the story has been out for 10 days and everyone is confused and everyone assumes they will pay the migrants $450,000. >> bill: how do you define the category of that. pete hegseth was in new jersey. he went around the table saying what were you voting on? >> one person said vaccine mandates, one person said gas, taxes, two person said gun last and one person said schools. these are not single issue voters. they see a lot of things wrong. >> dana: you know what they didn't vote on? climate. >> bill: new details on an illegal immigrant charged with stabbing a man to death and how he used a fake i.d. to get across the border. >> dana: the president aets poll numbers are tanking but democrats are still wanting to pass his welfare expansion. >> bill: the white house admitting it may have shut down a key pipeline in the midwest despite americans shelling out more money for gasoline. what it will mean for your bottom line. cheryl casone is here. good morning to you. ♪♪ helping them discover their dreams is one of the best parts of being a parent. one of the most important is giving them ways to fulfill them. for over 150 years, generations have trusted the strength and stability of pacific life. because life insurance can help protect and provide for the financial futures of the ones we love. talk to a financial professional about pacific life. what's strong with me? what's strong with me? professional what's strong with me? what's strong with me? with me! with me! what's strong with me? with me! with me. psoriatic arthritis, made my joints stiff, swollen, painful. tremfya® is approved to help 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>> come on. >> dana: that is hard to watch. >> bill: wow. every moment matters there. that car was sinking in a canal. pulling the driver out just in time was that cop. police say they realized the driver was trapped inside as they responded to a call there. she is okay. >> dana: thank goodness. hard to watch but well done. democrats trying to sell president biden's massive spending package as his approval rating sinks. alexandria ocasio-cortez she is concerned the bill will be gutted. fox news's correspondent is live on capitol hill. >> the white house was asked about these polls that show that some of these plans are not as popular as they thought. the white house still thinks that what is in the infrastructure package and social spending package is so popular they're tuning the polls out anyway that say the opposite. the head of the dnc said they'll blast the airwaves once biden's full agenda passes ahead of the mid-terms to make the case democrats delivered. >> we are going to double down even more. we already have ads that will go out and be billboards all over the place selling this accomplishment because it's big. it's huge. and it is really, really -- >> the president pleaded with his party to pass the bipartisan infrastructure deal but not in a rush to sign it choosing to favor the optics of a signing ceremony when congress is back in town instead of getting shovels right in the ground. >> he basically said he wants to make sure the congressional members who worked very, very hard on this, when they come back then we'll figure out a time to sign it. but you are right it's urgent. >> democrats are going to glascow to talk climate change in the several members of the squad voting no for the infrastructure bill because it didn't have climate priorities. some are doubtful that his build back better bill will be any better now they don't have the infrastructure bill to hold hostage. alexandria ocasio-cortez says the president and house leadership promised that bbb will still pass. we hope they're right but how much of the bill survives now that we've given away so much leverage is the question. dana, as you know, headed into the mid-terms they will need star progressives like aoc and other members of the squad to get on the campaign trail to energize biden's base. >> dana: mid-term elections are about firing up the base. without that i don't know if they can do that. >> bill: infrastructure, right? and we've got that, right? don't know when the signing will happen. a question about roads and bridges in america and the connection to racism, etc. and american history. >> can you give us the construct of how you will deconstruct the racism that was built into roadways >> i'm surprised some people were surprised when i pointed to the fact that if a highway was built for the purpose of dividing a white and black neighborhood that reflects racism that went into those design choices. i don't think we have anything to lose by confronting that simple reality. >> bill: it is likely true in american history. remember when it was proposed six months ago a highway in new orleans that divided a african-american neighborhood and in buffalo, new york that did something similar. you could probably find a number of white neighborhoods in america that have the same thing when the government came and by way of eminent domain took the property, built the road and people had to move elsewhere. it works on both sides. >> dana: bridges in new york were too small for buses to get through. i found a debunking of that quite an urban legend and mosts did not design the bridges that way. it is an issue and they'll take it through the infrastructure bill. >> >> bill: they got the bill. that's done. white house admitting that it's considering shutting down a pipeline that moves canadian oil and national gas through michigan as americans already face record high energy prices. peter doocy had the question. >> is it being studied right now, the administration studying the impact of shutting down the line 5? >> yes, we are. we are. >> bill: fox business anchor cheryl casone with us now and host of the show american dream home on the fox business network. we are asking opec to pump and telling canada we'll shut off more oil shutting down a pipeline? >> gas prices are up 60% over the last year. in november of 2020 we were at 2.11 and now 3.42. over $5 for a gallon of gas in new york city. hawaii, california, prices are jumping and they're talking about shutting down the line 5. army corps of engineers is evaluating the structure. they pulled approval for keystone because they were concerned about the environment. you said this in the last block. nobody is talking about climate change in new jersey at a diner with pete hegseth. they talk about gas prices and energy prices and food costs. it all goes into the threat of shutting down the line 5. it would be a disaster, a mess. it is not that people don't want a clean environment. they do. >> dana: i do think when -- you can deal with things like having adequate supply and america was energy independent two years ago and now we aren't and having to beg opec. here is a question the deputy press secretary got yesterday what the administration is doing if anything to help on gas prices. her answer was interesting. >> i don't again -- i don't have anything specific here. the president spoke to this recently but he is also asked fcc to crack down on illegal pricing. that's one thing he did on gouging in the market and fcc is responding but we'll continue to monitor the situation and have a number of tools in the arsenal. i don't have anything specific. >> dana: nothing specific. the president will be asked to look into whether there was price gouging when there is a market problem. >> there is a supply problem. nothing to do with price gouging. does it happen? sure. is it happening at the energy company level as she asserted there? no, i don't believe that. when you talk about these pipelines the reason with the l-5 you have michigan and wisconsin, they worry what if it leaks or ruptures. no oil company wants their pipeline to leak or rupture. it will shut down supply. we are now dependent on opec that we weren't before. the other issue, too, you can talk about climate. i want to breathe clean air, i get what you are saying. right now the l-5 that has oil and liquid gas, how you will heat your home this winter and how will you pay for the truck driver that needs to drive the food to costco. you have to pay him double the wages. >> dana: there were inflation numbers today. >> wholesale inflation and get consumer inflation tomorrow. record. 8.6% year overier is the headline number that includes energy and food. take out energy it was less. that's a record that -- >> energy price surge, propane 54%, home heating oil 43%. natural gas 30%. it will be a very long winter. indigenous tribes in michigan are trying to get the administration to shut this pipeline down. similar to what we heard the arguments of keystone during that pipeline. one in the dakotas as well that came under debate. your point is well taken. if the possibility of a leak were to occur, it would be highly offensive to those who senior it sacred ground but there is no confirmation of a leak happening. >> right. when granholm said that she was looking at the impact and looking at the impact is what would that do to the energy landscape and price landscape. i'm glad to hear they are loong at the possible impact. 52% of americans will take fewer trips. 53% are saying they will drive less. pete hegseth this morning. you heard it over and over gas and food prices. >> bill: if you want to build an american dream home it will cost a lot more money now but check out the show on fox business. cheryl casone, american dream home, 8:00 eastern time on fox business. >> dana: nancy pelosi may be the house speaker now but will she still be holding the gavel after next year's mid-terms. why the democrats could be seeing a red wave coming their way. as nations pledge to save the world from climate change a new report says they are relying on flawed data. we'll dig into the numbers. veteran homeowners, if you're ever going to use your va home loan benefit to get cash, now is the time. because interest rates are near record lows and home values are at record highs. the newday 100 va cash out loan lets you borrow 100% of your home's values and you can take out $ 50,000 or more. pay down high rate credit cards, improve your home, or just give your family the security of having cash in the bank. 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>> absolutely. if the election were held today based on last week not only would mark kelly in arizona and warnock gone in georgia and one gone in new hampshire we would be talking about colorado and washington state. the swings. democrats are worried and should be very worried if things don't improve they're looking for a rough ride next november. >> bill: republican 46%, democrat 38% generic ballot. a lot of people considered the house in all likelihood going to the opposite party. they didn't talk a lot about the senate. it just seems like that's where the action will be after the results in new jersey and virginia in the coming year. >> totally agree. the other thing is to keep an eye on biden's job approval rating. 38% in the latest poll. that is wipe-out territory. that's a four, five, 60 pickup net gain by republicans next november in those numbers stay where they are. the democrats have a lot to connect with those they have failed with. >> dana: you mentioned new hampshire. the governor sununu looks like he might decide to run for senate. would that be a pickup for the republicans? >> a huge thing for him to jump in the senate race and he would be the favorite. the other fallout from last week. you have all these republican recruits standing on the sidelines waiting to see exactly where the political landscape is. they will all jump in now. most all of them will. and you still have democrats looking at the landscape saying maybe not this time around. i might wait until 2024. in terms of fundraising and recruitment there are impacts. >> bill: maybe people look at the infrastructure being passed and think it's good for my state and community. aoc is not having it. when the white house account on joe biden tweeted that this will bring safe drinking water to every kid in america, she responded don't put this one up guys. this is it. here is what she said. it is not just that we made these promises before, look at how the bill is being respected now. respect the president on the feat he accomplished. we shouldn't tell people we did. she was a no vote. how do you see this going forward? >> well, democrats have to get on the same page and they have not been on the same page for the last few weeks as they tried to make the sausage in washington the moderates have won the debate. it is good for biden to have something passed and show that they are able to do something. whether that's a cure-all for all the other problems it is not clear it will be. a recent fox poll showed 60% of voters thought if both these bills passed, that it will do either nothing at all for the economy or make things worse. it is good that they got something done. whether it cures the issue of gas prices and inflation remains to be seen. if those issues don't get taken care of this won't matter in the end. the democrats will be held account by voters next november. >> dana: all right. thanks for the handicapping all the races for us there, tom. we appreciate it. >> bill: well done. we'll speak again soon. president biden getting a win on legislative infrastructure after congress passed a bill thanks to nicole malliotakis and 12 others. she will join us. a big gap in emission data reported to the u.n. how will that impact global response to climate change? 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>> not really. for decades we've struggled to count carbon emissions and other greenhouse gases from land use changes. one of the things that was buried in the "washington post" article that most of the media haven't reported on yet is that same tracking initiative has actually revised downward estimates of carbon emissions from land use changes by 35% since 2000. and so the punch line is that they actually also reported that total global carbon emissions have been flat for the last 10 years rather than having risen and confusion how do you count emissions. better satellite data says there is less deforestation and less carbon emissions than they estimated. it is a mess and we need to focus on energy rather than land use. >> dana: you have a lot of doomsday scenarios and thoughts. president obama telling voters what to think. >> i want you to stay angry. we can't afford anybody on the sidelines. i recognize we're living in a moment when international cooperation has waned. a moment of greater geopolitical tension. >> dana: if you look here at some of these statements from this past week over in glascow, scotland where they have the meeting. doomsday, destruction. basically saying none of us can escape if we fail is what biden says. i'm not saying climate isn't something we should be thinking about and doing more about, but they are asking voters and citizens around the world but let's focus in the united states to pony up a lot of taxpayer dollars, crushing regulations based on data that seems to not be correct. >> yeah. it is not only that but it is just wrong. the fact of the matter is the united states has reduced greenhouse gas emissions by 22% since 2005 and we did so mostly by fracking for natural gas and it produces half the emissions of coal but it had nothing to do with the paris or united nations climate agreement and nothing to do with cap and trade climate legislation which failed under president obama in 2010. so the fact of the matter is most environmental trends are going in the right directions. deaths from natural disasters down 90%. no significant increase in extreme weather events affecting people's lives. most of the trends are going in the right direction. kids should be more optimistic about the future. they have a lot of things to worry about, climate change shouldn't be one of them. >> dana: we did a story yesterday about climate anxiety and how it is affecting children and youth. feeling the doomsday scenarios and perhaps it is not as gloom' as all of that and technology and the great promise we have with that could do a lot. thanks, mike. we'll stay in touch as we wrap up this cop 26 meeting in glascow. >> bill: russia and china weren't there, the third indictment in the books. what signal is john durham sending and what are we learning about a clinton connection to the anti-donald trump dossier. andy mccarthy has the answer coming up next. asis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. when did you see the sign? 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>> well, he may have some more, bill, but i think it will be in the nature of people who lied to investigators just like these last bunch and the thing is if you were going to have a big sweeping indictment here the government would have to be in on it, right? it would be the most sinister interpretation of this is that it was a government plot along with the clinton campaign to undermine trump. but durham's theory appears to be the f.b.i. was duped and that comes on the heels of attorney general barr at the end of the trump administration saying that, you know, obama was not a suspect. biden was not a suspect. then before they interviewed c.i.a. director brennan they said he was not a subject of the investigation. i don't really see -- i see a lot of incompetence, but i don't think durham is saying -- >> the three indicted so far, the russian arrested in washington, d.c. and sussman and clinesmith on the screen. the last line, i read it all carefully. the last line in your piece it will make for an infuriating report but not a criminal indictment. goes back to bill barr suggesting there may not be something criminal here but how do the american people understand some sort of clinton connection to be nefarious toward the trump administration or the trump campaign trying to link them to moscow. it would seem to most americans that there should be a price to pay for that. go ahead. >> this goes back to something we've been talking about for years which is not everything that's a political dirty trick or in the nature of abuse of power is necessarily a violation of the federal law. the federal criminal law even if it's very serious. it looks like what durham has homeed in on here the trump/russia collusion narrative was a concoction of the clinton campaign and they peddled it to the media and investigators at f.b.i. and enabled them to argue that trump was probably under investigation for it. i think what durham is saying the f.b.i. didn't do what it should have done to verify and corroborate these allegations but that doesn't mean they were criminally in on it. >> bill: what about adam schiff going on tv 220 times and the media being a player in all this and the way it offset that administration. jeff sessions recuses himself and we go into the whole mueller matter. >> you know what that sounds like, bill? infuriating but not criminal. >> bill: fair enough. andy mccarthy. we'll see whether or not durham is done in the end. see whether it goes on or whether it stops in its tracks. mccarthy smart man there, right? you have to think about adam schiff and so many others. the "washington post" wrote about the media having a recongress after this. these news outlets face a journalistic challenge. backing up the claims. if the effort does not produce enough evidence there is only one option, retract the stories allowing one version of events to sit awkwardly alongside another and leaving it for the reader to decide won't cut it. >> dana: that's true. i sat next to andy mccarthy during the impeachment trials and watching all of it and learning from him. he knows it very well and zero in on what is the exact thing we're looking at here. as i mentioned yesterday it gets closer and closer to hillary clinton's doorstep. at some point they will have to talk about it. >> bill: about three years ago went down to el salvador with bill barr the a.g. at the time. this was a big interview. the question was you are looking at this stuff and what have you found so far and what questions do you have? what he seemed to suggest is that was there a crime committed in all of this? and if there was, we can pursue it. if there was not a crime we'll have to go on with our lives here. that's the argument that mccarthy is making there. it will be infuriating but it will not be criminal. >> dana: all right. we'll keep an eye on it for everybody. democrats facing an uphill battle to get president biden's social agenda over the finish line and they don't know how much it will cost. welcome to a new hour of "america's newsroom." i'm dana perino. >> bill: i'm bill hemmer. nice, special guest coming up. don't move. do not touch that dial if you have a dial. it's not just republicans standing behind the way of the president's plans to transform the nation. infighting between moderates and far left wing of the democratic party could stall the bill in the house before it even gets to the senate. >> dana: there is a lot to be said there especially when you have alexandria ocasio-cortez and the squad thinking we gave away all of our leverage by getting this infrastructure bill passed. they didn't vote for it necessarily but that's what they were holding hostage to get the bigger one done and that one probably has a much less likely chance of passing. >> bill: 13 republicans did vote for it. the trump republican lesson for democrats. senators manchin and sinema are this faction's prophets. stoned not for their betrayals but because they have seen the future. as the clock ticks more democrats will embrace culturally conservative blue collar voters. they will block their party's most extreme programs while quietly enabling the rest. you don't always get what you want and if you take a little less at times you will get more than you think you get. >> dana: in football when you get it down the field, right? >> bill: just chipping away. >> dana: where do we stand right now? aishah hosni has more on capitol hill for us. good morning. >> good morning. we're not standing on solid ground when it comes to the democrats and this build back better bill. they did take a step forward as you are talking about in football terminology last week on friday but this bill in its current framework will likely fall apart by the time it reaches the senate. so first of all house moderates are essentially holding this bill hostage now until they get the congressional budget office score to tell us the true cost of this legislation. if it's actually paid for as the white house says. some parts of that cbo score will be released this week. others will take much longer but likely to reveal some unfavorable numbers including questionable pay fors, untenable tax credits and that higher price tag that so many are expecting. then this bill is going to be scrapped and go through the byrd rule in congress before the senate lays a hand on it. forget about immigration making it through the process. the parliamentarian struck it in its current form. senators joe manchin and kyrsten sinema will not support paid leave and climate change and lowering prescription drug costs. progressives know they have a problem. aoc put out a letter writing the president and house leadership has promised that build back better will still pass. we hope they are right but how much of the bill survives now that we've given away so much leverage is the question. here is congresswoman presley at her town hall making a similar point last night. >> it's frustrating to see the build back better act characterized as social spending. these are investments with the bipartisan infrastructure bill passed we have a lot less leverage to insure that the robust investments remain intact in the house as it heads to the senate. >> bill and dana, cori bush announced she will be holding a town hall but pay attention to the moderates and how they react to the cbo score once all of it comes back. it will be a really make or break moment for them if it doesn't line up with the white house estimates. >> dana: i just have the vision in my head of a countdown clock for the cbo number. it will be a big one. >> we have multiple clocks. >> bill: new york republican nicole malliotakis helped democrats pass the bill joins us live. thank you for your time and good morning to you and welcome back to our program. 19 republican senators voted for it as well but for those who did not they think it is a bad bill. why did it get your yes vote? >> this bill -- i read this bill. it is cover to cover infrastructure. 350 billion is going to roads, highways, and bridges which you would consider traditional infrastructure the other is for airports, seaports, ferry systems, coastal projects like the east shore sea wall, sewer systems which is so important following ida, the damage that took place in new york city. upgrading the subway signals to a communication-based train control. still relying on pre-world war ii equipment in some subways. so for an aging city like new york city this bill was incredibly important. the reality is that this is the type of investment that people actually pay taxes for. the basic infrastructure needs that you expect from government but have been neglected for decades. as you reported earlier i believe we significantly took away the leverage from the socialist squad and why aoc and the others voted against it. they knew if the true infrastructure bill passed the spotlight would go onto their social spending bill that includes the i.r.s. agents, amnesty, giveaways to those in the country illegals, the taxes, vaccine mandates and penalties that we remain opposed to and fight tooth and nail to stop. >> dana: i think everyone should admire the fact you read the bill. that doesn't always happen. the house g.o.p. account tweeted it and deleted it. a vote for the democrats' infrastructure bill is the vote for their socialist wish list. americans won't forget november 6 and president trump was saying anyone who voted for it on the republican side is a traitor. how do you respond to those kinds of attacks? >> the reason they deleted it, it was iner or. they weren't talking about that bell. they were talking about the spending bill that scalise was on floor debaingt. a lot of people are confused with the fact there are two bills. the infrastructure bill is bipartisan infrastructure. the other bill is the social spending bill that we are all opposed to. i give president trump credit for being the first to invest in infrastructure and wanted to spend $1 trillion in america's infrastructure. he understood how important it is to our vitality and economy to keep up with emotion i can growth and pace. it has been neglected. we're opposed to the i.r.s. agents and the illegal immigrants and amnesty and all the other stuff aoc is pushing but i believe we've taken away their leverage. the spending bill will continue to be reduced. they took out the amnesty provision but stuff for illegal immigrants that we have to continue to fight. i will work with my colleagues to do that. i think just the fact that they are crying about it just tells you that they are the losers here. >> bill: there are others who think that you have given joe biden and the democrats momentum as a result of passing this coming off the heels of new jersey and virginia, the big votes a week ago today. so to distract it off the attention what voters were saying there. republicans rescue biden's agenda. will the infrastructure bill grease the wheels for the democrats blow-out? how do you respond to that? democrats were tied up in nights and now perhaps you've greased the wheel literally with the infrastructure bill for yes. >> look, there are so many things to be upset with with joe biden. the way he has mismanaged the border crisis and mismanaged the pull-out in afghanistan. everything from the economy, inflation, supply chain, there are so many things we can criticize this president on and he will be defeated and we will take back the house. when it comes to infrastructure i have to do what is in the best interest of the people i represent in staten island and brooklyn. the president might get some credit but he is failing in so many other categories it doesn't matter. we'll continue to insure that the american people know where his failings are. >> bill: you know based on the list you rattled off that you had him against the ropes would you not agree? >> he is still against the ropes. i don't see how this makes it any difference. he is still the president that has undone the policies of president trump that worked at the southern border. he is the one who botched the afghanistan withdrawal that left 13 military men and women being killed. he is the one who is responsible for what we're seeing in terms of the pipelines being cut off and energy prices increasing. all of that will not be made up by simply what's in this one bill. at the end of the day you don't vote against a bill simply because you want to stick it to the other side. you vote for a bill because it is the right thing to do for your constituents and everyone i think should be looking at it from that perspective. >> dana: one last question and i think i know the answer to. some suggest perhaps the republicans that voted for it should have waited to see if the democrats would get it across the finish line and withhold the votes to remain on the same team. even in that scenario, i'm thinking you would have still voted for the bill because you thought it was a good bill. >> well, i do believe it is a very good bill and the yes vote was the right vote. i will say the bill already had the votes by the time i had walked in the chamber to cast my vote but i think that's really an irrelevant point. look, had this bill not passed, what would have happened is aoc and the squad would have had more leverage because they were going to pass infrastructure no matter what. they would have had to negotiate more and give more away to the progressives on that spending bill and both would have passed and it would have been worse. this is a better case scenario where we get the hard infrastructure but see the bill with the irs agents and all the other stuff we don't like being dwindled and continuing to fall down in spending and hopefully will get some of the policy out. budget is due december 3. something has to happen or the government will shut down. we'll continue to fight against this progressive left. >> dana: we have another countdown clock the budget december 3. >> bill: thank you so much, come back. we have a ton more questions for you. thank you for your time today. she talked about this being cover to cover infrastrauk tour. others argued only 10% for infrastructure. we took $400 billion of unspent funds passed by congress and folded that into this bill. which made it more digestible for some republicans. >> dana: a lot of these projects end up in constant environmental reviews and in the courts. before you can get any of this done you have to go through all those things and instead of having sequential reviews they do it consecutively. they didn't change that. they had an opportunity to and didn't. follow through on the projects will be interesting. you don't want it to turn into a big dig i'll just say. remember that one? 13 house democrats so far have said they are not seeking reelection in next year's mid-terms. republicans hope it opens the door for a red wave in 2022. mike emanuel is live in the d.c. bureau. there could be some republican pickup. >> now the republican congressional campaign committee is targeting 70 democrats in swing districts. the most recent 13 representing districts in arizona, colorado, connecticut, florida, indiana, georgia, north carolina, new mexico, pennsylvania, tennessee and virginia. the person charged with winning back the house majority tom emmer says in a cycle like this no democrat is safe. voters are rejecting democrat policies that have massive price increases. opened the borders and spurred a nationwide crime wave. the pain americans are feeling in their wallets, inflation, will help republicans. >> every american will find out in a very short time period that their thanksgiving will be the most expensive they've ever witnessed. every week they find out when they go to the gas station how much more it costs because of these policies. and i think it's going to be an easy campaign for republicans to bring more people to the party. >> typically, when asked about slipping poll numbers the white house says it is focusing on delivering. >> we're confident that our policies will improve the lives of nearly every american. growing the economy and create jobs is our focus to make sure we continue to push the president's economic policies. >> 50/50 senate with democrats holding a single digit majority in the house it won't take much for republicans to once again run capitol hill. >> dana: under one year. another countdown clock we can have. >> bill: my gosh. parents, some of them, jumping at the chance to get a covid shot for kids as young as 5 years old. others are saying not so fast and holding back. we'll run down the science. >> dana: new details on the deadly concert stampede in houston as the f.b.i. joins the investigation. >> my son couldn't breathe because of all the pressure being applied to him and he passed out and when he passed out, others were falling to the ground. he was trampled really bad. ♪♪ helping them discover their dreams is one of the best parts of being a parent. one of the most important is giving them ways to fulfill them. for over 150 years, generations have trusted the strength and stability of pacific life. because life insurance can help protect and provide for the financial futures of the ones we love. talk to a financial professional about pacific life. talk to a financial professional ♪ kinda pat your feet ♪ ♪ it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ oh, it's all right ♪ your kin and you can help take control of your symptoms - some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. side effects may not appear for several weeks. common side effects include sleepiness and stomach issues. movement dysfunction and restlessness are also common. you are greater than your bipolar i. ask about vraylar. with xfinity home, you can keep your home you are greater than your bipolar i. 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 was trying to get out. i couldn't see above my head. i am 5'11" . >> bill: how did you get out then? >> by the grace of god. >> dana: that was timothy perez yesterday. he attended the houston astroworld. investigators tried to piece together how the tragedy happened. this is the houston fire chief. a lot of people's mind, the mass casualty event was declared at 9:38 p.m. but the concert continued for another 30 minutes. why? >> dana, first of all i want to say our prayers are with the families of the deceased and those injured that are still in the hospital. listen, we don't have all the specifics yet. the investigation is still in its early stages. the houston police department is the agency that is leading this but i do understand the f.b.i. has now come in and will be reviewing and be part of that investigation. so we'll determine, you know, what occurred leading up to the surge of the crowd towards the stage. and who knew what at what point and in order to make those determinations. but we do know -- go ahead. >> bill: two pointed questions here. we know the fire chief met with travis scott in his trailer the day of the performance. did anyone try to talk him out of going out on stage that night? >> well, i did not meet with mr. scott. the report is that the police chief may have met with him. >> bill: yes, i apologize, the police chief. continue. >> yes, sir, but i wasn't present and i don't know what the conversation they had at that point. >> bill: i'm looking at an operations plan filed with harris county that was 56 pages long. apparently the a.p. got ahold of this and they found that a decision to evacuate the event would be made by the festival director in consultation with other people, perhaps like you. can you help explain what that process was supposed to -- how it was supposed to play out? >> yes. so it's important to understand that this venue is on county property. it is a county-sanctioned event. and the promoter was the one that was in charge of developing that emergency operations plan. in that plan they hired, identified private security and private medical component to deliver service for that event. it listed the chain of command for who would be making certain calls. the houston fire department's involvement in the plan itself was limited to permitting items that related to the fire code. the use of propane gas for the food trucks, the tents, the pyrotechnics that took place at that event and maintaining the means of egress. the doors in and out of that venue open and unobstructed which they were. the houston fire department took the additional step even though it was not required as part of the plan, we took the additional steps of having a presence there. an incident commander that was monitoring the communications and we had some units there available just for that. which in this case was a good thing because as soon as they -- the incident commander determined the incident was escalating he was able to request additional resources and pre-deploy them to respond. now i can't speak about again the investigation is still ongoing. i don't know at what point the plan was -- fell apart, the emergency operation plan or who made what call. what we do know now is the actions that the houston fire department took and we are fully participating with this investigation and submitting whatever documents are requested by the lead agency and we want to get to the bottom of this like everybody else. >> bill: in the interest of time what about these reports about fentanyl being laced on pills that the concert-goers were taking. did that lead to deaths on site. >> there is evidence some drugs were present at the event. one report of a security guard that described a needle prick to the neck. he lost consciousness and administer narcan and the patient was revived. i can tell you there were many doses of narcan that were administered on scene. the houston fire department paramedics carried that medication, the doctors that we had embedded had it and the private company carried that medication. they administered many doses. i want to be careful that it doesn't get misconstrued. it is also one of the medication we use when a person is unconscious and we don't know what the genesis of that would be. as we try to -- i -- just because many doses were given doesn't mean it was everybody was overdosed. it was just that they were unconscious. >> dana: a lot of people said they couldn't breathe because of the crowd was crushing in on them and might have passed out from that. thank you so much. >> that's exactly what was happening. >> bill: i grew up in cincinnati, ohio and when i was a kid we had the who concert and two showed up late for a sound check. when they finally got on stage it was early december, cold outside, a lot of kids, high school, early college on the plaza level on what was a coliseum. when the band started doing the sound check they pumped the sound to the speakers that went outside to the plaza and everybody thought the concert started and pushed forward. doors were not open and we lost 8 or 10 i believe if memory serves. that was the who concert tragedy, not the same comparison to what we saw in houston but the crushing effects of human beings and nowhere to go. >> dana: i read about this one young woman said she put her arms above her head to try to get out but then couldn't get her arms back down and she couldn't breathe and she was being crushed. a lot here to hopefully never happen again. >> bill: listening to timothy yesterday lets you know how much concern they had for so many lives at the same time. we got this manhunt underway after a brazen attack on a police station. what we know about the suspect. special counsel john durham's latest indictment connecting the dots between the clinton team and anti-trump dossier. where is that investigation heading? 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be assured that whatever you do, the risk is extremely low. that might be quite reassuring to parents trying to figure it out. >> that's right, dana. completely correct, the mental health impact on our children has been devastating and i appreciate he mentioned that. it was interesting that he and first lady biden were at the elementary school where the first polio vaccine was administered once it became available. questioning whether or not 5 to 11-year-olds should get the vaccine is not questioning vaccines in general. polio that caused debilitating paralysis in children, 1 in 200 children. covid-19 causes death in .0001 of every 200 children. we're talking about very different risks there. as i said in the "wall street journal" op-ed with my friend and colleague dr. makary parents can stop agonizing. whether you decide to vaccinate your children or not the risk of either decision will be low. a few things you should think about. for children who have already recovered from covid-19 except for the few who have a medical condition where they weren't able to amount a strong immune response that natural immunity is very protective in children and while we've seen it in mountains of data regarding adolescents and adults the immunoof children is stronger. it will be strong in children and not a compelling scientific argument as to why we should vaccinate this young age group of kids who have already recovered from covid-19. from there parents need to ask themselves does my child have a medical children that may put them at a higher risk for severe covid as being overweight, asthma, kidney disease. if they do, that's the time to have the conversation with your pediatrician as to whether or not the vaccine is right for your child. but they don't have to stick to that rigid three week interval dosing between the first and second dose. that's just the way the initial clinical trials were formulated. lots of evidence shows that spacing out that interval dosing to six weeks, 12 weeks actually causes a stronger immune response and decreases the side effects after that second dose. not to mention an israeli study in adolescents show a single dose of the vaccine in adolescents caused 100% efficacy keeping children out of the hospital and severe illness. it is not a one size fits all approach. parents should rest assured their children will be safe either way whether to vaccinate or not. the study was not powered enough to see some of those more rare adverse events which is why i don't believe that an indiscriminate vaccine mandate in 5 to 11-year-olds is the right thing to do. >> dana: great information. encourage everybody to see the op-ed in the "wall street journal." the headline is should you vaccinate your 5-year-old. be assured whatever you decide the risk is extremely low. thank you so much. >> thank you, dana. >> i see a lot of incompetence here, but i don't think durham is saying it rose to the level of criminal misconduct. >> bill: andy mccarthy last hour on the durham investigation. where it stands, where it might be headed or not. the russian analyst who contributed to the steele dossier faces charges of lying to the f.b.i. among his sources a long-time supporter of hillary clinton. david spunt is running down the story at the department of justice. where is it going? >> clearly at this point special counsel john durham is building a case and he is finding a pattern of lower-level officials at least at this point lying to the f.b.i. we know this man who you just showed on camera igor danchenko is a russian national in northern virginia. according to john durham he lied five separate times to the f.b.i. durham says he was a primary source for british spy christopher steele who compiled the widely talked about and debunked steele dossier full of accusations about former president donald trump. the indictment alleges that danchenko lied about working for steele has his primary source of information. you see him leaving federal court in the eastern district of virginia last week. the indictment also mentions his involvement with someone identified as p.r. executive one. someone close to the clinton campaign. that someone fox news confirmed through the attorney is charles dolan. you see him there, a public relations expert with years of experience in democratic politics and a clinton confidant. his attorney tells fox news he has no comment. danchenko is the third person to be charged in john durham's probe in the last 2 1/2 years. one is named kevin clinesmith charged in 2020. he pleaded guilty to falsifying a document used to obtain a fisa warrant against the trump campaign aide carter page and michael sussman charged with lying to the f.b.i. sussman's information did not pan out. danchenko will appear in court tomorrow for his official arraignment. we'll be there and follow it. >> bill: thank you much. david spunt at the department of justice. >> dana: a long time coming. families reunited after 20 months of covid restrictions. tears, jubilation. we'll have it all for you next. florida pushing back against vaccine mandates in a court of law. does it have a case? we'll talk to the state's attorney general coming right up. >> approximately 1300 people a day who are -- who continue to die a day as i said from covid. if that's not a grave danger, i don't know what else is. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ it's time for our veteran's day sale on the sleep number 360 smart bed. what if i sleep hot? ...or cold? no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. save $1,000 on the sleep number 360 special edition smart bed. plus, 0% interest for 36 months and free premium delivery when you add a base. ends monday. this is a va mortgage rate watch from newday usa. while national mortgage rates are starting to climb, newday is holding the line at two and a quarter percent, 2.48 apr. so every veteran home owner can save. veteran homeowners, newday usa is holding the line on interest rates. the newday two and a quarter refi is the lowest in their history. two and quarter percent, just 2.48 apr. save thousands a year. >> dana: the united states reopening its border to vaccinated travelers from dozens of countries ending 20 months of covid restrictions. emotions running very high between loved ones after so much time apart. >> i'm really happy that customs, really happy that we can be together and build our life together. it has been tough on a lot of people. a lot of people having a lot of stuff to handle with covid and i think it is one of the good things. >> dana: my pilates instructor is one of them. the borders are back open. a lot more of this to come. i can watch that all day. >> bill: you bet. >> no cop, no firefighter, no nurse, nobody should be losing their jobs because of these jabs. we have got to stand up for people and protect their jobs and protect their livelihood. >> bill: there will be a battle here. that's florida governor ron desantis taking legal action against president biden's workplace vaccine mandates. the state filing a lawsuit claiming the order is out of bound. florida a.g. ashley moody is here. good morning to you. make your case. >> good morning. the case is simple. this is the playbook of this unlawful biden administration. they know this is illegal. they know osha has no authority whatsoever to mandate these vaccines so they go to an emergency rule, as they have done with so many things. they unlawfully mandate things on the american people and they say that in order to make workers themselves safe on the job sites we have to enact widespread healthcare policy and forcing folks to either lose their job or give up their healthcare autonomy. it is reprehensible and the governor and i will continue to push back. >> bill: here is what the white house's position is from this week. watch here. >> and we believe that in order to get this pandemic behind us, we need to get more people vaccinated. this is a way to do that. we feel confident about the legal component of this. the department of labor has the authority to move forward in making sure that they keep the workplace safe and so yeah, we have to make sure we get this pandemic behind us. >> bill: the point there no turning back, this is the only way forward. you join georgia. respond to the white house. >> florida is leading that charge along with georgia and alabama. it's an admission right there. they tell you it is not about individual circumstances and the safety of those employees on those job sites. we're doing this because we cannot -- we have been unable to come up with some strategic, thoughtful, common sense policy that's within lawful bounds so we'll violate the law, use osha to know what we know we can't do and it's unlawful and we'll continue to push back. >> bill: another topic. apparently flights are landing in jacksonville specifically. governor desantis on with tucker last night made the case against that. watch. >> these midnight flights unannounced, no notice, no support for the state, no ability for us to veto it ahead of time. if biden had not been doing that and if he was doing his job that individual would be alive today. >> bill: talking about the illegal immigrant charged with murders. how many flights are there and how many have come to florida? what are the facts on that? >> and you have hit the nail on the head. that's the problem. continuing with this administration's theme, they are completely violating, ignoring the law as it relates to immigration. as you know, florida was one of the first states to bring suit requiring them to follow the law, make sure -- we know we've seen a drastic increase in those coming across and flooding our borders that have serious criminal convictions. we need to know who is coming into our state so we can protect the citizens of our state as we take an oath to do and this administration seems to have no regard for the safety or well-being of law abiding citizens as you can see in the both of these recent actions we've been talking about today. >> bill: this illegal charged with murder, was this illegal indeed on one of those flights into jacksonville? >> this is part of our suit where we're demanding that the federal government share this information with us. they are trying to hide from the american people that they are continuously violating the law, not letting the states know what they are doing and putting many of these communities at risk. many of the immigrant communities. in florida we're a welcoming state, diverse state but we need to be able to do our jobs as leaders and protect our citizens. this administration is tying our hands and those of law enforcement. >> bill: just to nail this down. was that illegal on a flight into florida? did that happen? is that how he got there? >> i will tell you that we are looking into this and it will be part of what we do in pushing the court to grand our state relief and force the federal government to follow the law. >> bill: so i'll take that as a non-answer and we will try to figure out that fact when we can, fair? >> thanks so much. appreciate it. >> bill: ashley moody thank you the a.g. in florida. thank you for your time today. >> dana: a special guest joins us after the break. the newest member of the fox family and mine. that's percy vizsla and i will be more quiet than last night on "the five". ♪♪♪ >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ veteran homeowners, mortgage rates are still near all time lows. and home values are at all time highs. that makes right now the best time in history to use your va refi benefit and get cash. you could take out $50,000 or more because the newday 100 va loan lets you borrow up to 100% of your home's value. use that cash to pay high rate credit card debt or plan for retirement. the newday 100 va loan. 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[engine humming] [clapping] “we will rock you” by queen ♪ the new gmc sierra with hands-free driving offers the most advanced and luxurious pick-up in its class. ♪ yeah, it rocks. >> harris: get ready to spend your cash an staying warm. when winter hits what is president biden looking at? possibly shutting down another pipeline this time in the upper midwest. republican candidate for michigan governor tutor dickson is in "focus." critics mocking the transportation secretary pete buttigieg for saying there are racist roads in america. finally v.p. kamala harris wants to protect borders in europe. can't make it up. will cain is in "the faulkner focus" top of the hour. >> bill: thank you, harris. emergency -- chaos and panic in china across the country. we have the story from the state department. >> incredible scenes out of china and a reminder when the chinese communist people tell their people to do something it started with a mysterious announcement from the commerce department telling everyone in the country to stockpile supplies for an unspecified emergency. within hours panicked shoppers across the country rushed out to stockpile food, water and survival gear leaving shelves empty and sending prices skyrocketing. rumor began to spread across social media an all-out conflict with taiwan was coming. growing tensions have been heavily kofrnd in chinese state media and the army stage invasion drills leading many chinese to believe an invasion is coming and thought they should prepare and more covid lockdowns might be on the way. there were only 50 reported cases in china the government tries to stamp out every case and severe and immediate lock downs. analysts believe the real arena for the government announcement may have been because the government is expecting severe food shortages this winter. china's food shortages are worse than ever thought. something which is becoming a major long-term concern for china having a major effect on global food prices. as china struggles to feed its 1.4 billion people it has an effect on food prices in china and around the world and u.s. many experts fear it will get worse as supply chain issues continue to get worse as well. >> bill: benjamin hall. we'll watch it. before we go, however. hello to our newest co-anchor percy. >> dana: this is percy vizsla born in ohio there. bill has been in on the secret for many weeks. we lost jasper in september and now he is here. >> i'm so happy for you and peter who is off camera here. he is beaming over there. i know how much you went through with the loss of your dear jasper. >> dana: the audience was so amazing. the outpouring support that peter and i got after jasper passed. the cards, people amazing talents like the art they made and just really blew us away. hopefully this dog can help lighten everybody's mood. i missed posting on instagram and get back to greg gutfeld crazy talking about him. he is very good. >> bill: i think he is an old soul. he will be big. he has a beautiful coat. >> dana: his paws are big. >> bill: welcome him to the family. here he is, america. it's simba. meet percy. >> dana: my husband, peter knew a world war i veteran named percy and he would tell them all the stories about growing up in england in the late 1800s and the war and peter loved him so we named him percy for lots of reasons. a good old english name. thanks everybody. we appreciate it. thank you, percy, for being a very good boy. >> bill: nicely done. >> harris: we'll begin with a fox news alert. americans are in store for an expensive winter as energy prices are headed sky high. and president biden's people are considering shutting down a key pipeline project in the upper midwest. wow. i'm harris faulkner and you are in "the faulkner focus". the white house yesterday confirmed it is reviewing the environmental impact of a proposal to replace michigan's all-important line 5 pipeline. if president biden decides, though, to kill

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