public health as it relates to cod. >> [shouting questions].vid. >> [shouting questions]. >> [inaudible question]? >> no, i told you. when i speak to senators or house members or governors or any other elected official, i try to convince them what i am proposing makes sense and not inconsistent with what they believe. i will do that now and discuss it afterward. >> thank you. >> we were listening to president biden at white house giving an update on the situation in the heartland. families are trying to pick up the pieces following deadly torrents. -- torrents. tornadoes. the death toll is likely to rise. i am in sandra smith. >> i am trace gallagher in for john roberts. one tornado stayed on the ground for 200 miles. a 5-month-old baby is among those killed in connecticut. mayfield, tennessee and 10 mayfield, kentucky and 10,000 residents were hit hard. the fire station is inopparable. most of the police cars were destroyed. a candle factory was flattened. >> sandra: steve is in hard hit mayfield. >> the physical damage is easy to see. it was interesting to hear the president talk about the mental health of people. not just people who lost somebody but people who went to bed friday night not realizing their neighborhood would be gone the next morning. we talked to a woman whose how the fell apart around her at 160 miles per hour wind. she was hanging on to her son in the dark, water pouring in and the walls coming down. she was terrified she was going to die. here's her story. >> we put the pillows over our heads as we heard it coming. i heard windows breaking. i looked at him and said it's here. we looked at each other. i love you, this is it. >> how is your mood today? >> i am lost. i want to go home and i don't have a home to go home to. [crying]. >> she survived. her family survived but she is a wreck. there are a lot of wrecks walking around mayfield today. >> sandra: what is the most urgent need for people on the ground? >> what they really need right away is housing. they are putting people in state parks, in schools, in shelters and hotels. that's what they need. initially the governor said they will give $5,000 to each family who lost someone to pay for funerals. he said we will grieve together. >> sandra: steve telling the stories for those people who are struggling so much at this time. trace, the death toll is expected to rise. we heard that from the kentucky governor. we expect further updates. possibly 2 o'clock on the ground. these communities ripped apart. it's sad to see. >> trace: yes, i have covered these for 35 years. i have never seen the damage in extensive and this far in so many years. this is awful. >> sandra: if you want to help those hurting in kentucky and elsewhere, call 1-800 help now. or visit redcross.org. now to the white house where jen psaki is taking questions and talking about the devastation. >> that's why he proposed in this package. that's why a number of members of the senate want to get this done as soon as possible. we need 50 votes to do that. we are working through the process of getting there. >> that's not enough so far to get manchin? he made year he wants to get this right and is not in a rush to compromise. doesn't it seem likely this won't happen before the holidays? >> i don't think we are in a place to it make that prediction nor is anyone. the president supports this package because it include an extension of the child tax credit and will lower the cost of prescription drugs and elder-care and housing. that's a compelling case. the american public like those components too. he understands how the legislative process works. we will work it day-by-day. >> would be the white house be okay if the democrats [inaudible]? we are not at that point right nought. we are pressing to get build back better through the senate. schumer advocated that. >> over the weekend when he first talked about the storms he was asked about ukraine and russia. is there an active plan to deploy american sources to eastern bloc countries if russia goes into ukraine? he suggested something like that was in the works. we are seeking clarification. >> i appreciate you seeking clarification. there are a number of nato partner countries in eastern europe. if you look back post 2014 a lot of nato partner countries were looking for reassurances and looking for additional deployments. that's on the table should russia invade ukraine. >> i will ask again about build back better. >> try again. [laughing]. >> there is another aspect. whether or not democrats will include a work permit program for illegal immigrants in the plan. there are members of the democratic party saying ignore that and include halfway citizenship in this legislation. >> in the process we are in now, we are waiting. the parlimmentarian is doing her work. >> another round of stories over the weekend about the political fate of the president and vice-president and who might run in 2024. it quotes other democrats. what is the white house's message to the democrats? >> the white house message is we are focussed on what the american people elected the president to do just over a year ago: get covid undercontrol. put people back to work and to help give people breathing room. we hope other people get their focus on that as well. >> is there speculation? >> the president has every intentionion of running for reelection. >> i have another question about build back better. >> i am ready. >> the president said build back better won't add a penny to the deficit. they assume social programs will be made permanent and it would add 3 trillion dollars. does that mean that president biden will commit that these programs won't be made permanent? >> we are talking about a fake score. that's not based on the actual bill that anybody is voting on. this was a ask, request by senator gram graham to score a bill not being debated. we are focussed on the exist bill to lower the deficit and pay for the 2 trillion dollars tax cuts republicans did not pay for. they are welcome. peter, the president conveyed clearly publicly he would like programs that are extended to be paid for. when anybody raises a question about this score. it's a fake score about a bill that doesn't exist. we should focus on the actual bill that everyone is going to vote on in congress right now. >> another topic. is vice-president harris still in charge of addressing the root causes from migration from el salvador, honduras and guatemala? >> she is. >> why hasn't she spoken to the president of guatemala since june? 6 months. >> i saw this strange report from the president of guatemala saying that he had no contact with the white house. it's inaccurate. >> he said vice-president harris. he hasn't spoken to fer. if she's in charge, why is that? >> well, we had a range of conversations, peter. that's reflected in the readout last week with the national security advisor and the senior director juan gonzales. we put out a readout last week and we will continue that high level of engagement. >> final topic. do you think it's possible that big cities are dealing with these smash and grab robberies, and increase in criminal activity it s because from prosecutors are too soft on crime? >> i won't attribute the reasoning from here. we have seen an increase in crime over the course of the pandemic. there are a range of reasons. we are focussed on addressing it. the president proposed funding in the budget to make sure local police department and cops have the funding they need. we are directly with police where they are seeing the greatest crime of theft. we are making sure funding is out there to the communities that need it the most. >> what good does it do if you give police department extra money and they arrest people and then they are right back on the streets. >> the police department will have the funding they need. that's what we are working around-the-clock. >> just in the last week, we saw a pick pocket with more than 30 arrests back out on the street. a man burned down a half million dollars christmas tree in new york city back out on the streets. does the president think that's good governing? >> i spoke about the president's thoughts on this. >> you mentioned the conversation today. by phone, or in person? >> it's a phone call. they will be conversing over the phone. >> it is that just the two of them or others involved as well? >> it really depends on the conversation. they had one-on-one conversations and sometimes there is additional -- >> sandra: waiting to get the update on manchin because he will meet with the president by phone this afternoon. trace. senator manchin will air his continued concerns about this it massive social spending bill. a couple of things from what we just heard. heard from the president before that talking about the situation on the ground in kentucky. she moved on taking a question from peter doocy about the spending plan adding 3 trillion dollars to the deficit. once those gimmicks are stripped out. jen psaki said they are talking about a fake bill. one that does not exist. the cbo did that because it's anticipated that many of those programs would be extended for 10 years. interesting reaction there. we will pull the tape on the guatemala president. she referred a report she heard that the guatemala president said he only met with kamala harris one time in june and not since then. that was an interview that happened on this show last week. john roberts interviewed the guatemala president. he did say that. i pulled it here. met with her last june. other than your meeting with kamala harris in june, john roberts asked him was there any others? he said that's the only one. that made news. i thought i would clarify that happened here. >> trace: we are talking about sending 550-million dollars after the countries to go after the root causes. that's been tried before many times. if it ever takes affect, it it takes year and years. it's not going at the problem happening right now at the border. aiming for problems 12 years down the road. she talked about crime and it's interesting that jen psaki would not commit to peter doocy's question about whether the soft on crime policies of far left prosecutors are adding to the burden of law enforcement by letting people smash and grab. going back to we have seen this evolve over the pandemic. back to chicago where police are searching for two men robbed a high end car show room near the magnificent mile on saturday. the suspect smashed open a glass display and grabbed watches and jewelry worth millions. the business owner said he has had it and blames it all on failed leadership. >> it's such a boiling point. there is no one stepping out to say anything about it. i voted for lightfoot last time and i won't vote for her again. we have had enough. enough is enough! >> trace: we will continue to talking about crime in moments. right now ethan, the hearing. this is the michigan school shooter allegedly. let's listen to this. ethan crumbley. >> [inaudible]. >> okay. >> [inaudible]. >> in the case of people vs. ethan crumbley your appearances please. >> thank you. >> thank you. good afternoon your honor. [muffled audio]. [inaudible]. >> we also have amy who has been appointed second chair and deborah who has been appointed to act as his guardian ad litem. >> state your full name. >> [silence]. >> [inaudible]. appearing on behalf of ethan crumbley. >> thank you. >> ethan crumbley state your full name, please. >> ethan crumbley. >> thank you. if you cannot hear or understand myself or any of the parties to the proceedings let the court know. >> yes, ma'am. >> we are preceding remotely instead of person. is that with your content? >> it is. >> yes, your honor. i discussed that with mr. crumbley. we are okay to proceed. >> thank you. as the attorneys mentioned an attorney was appointed by the court. the request was made by the defense and agreed to by the prosecution. the court finds it's in the defendant's best interest for that apointment. a court order is contained in the court's file. there was a stipulated order for -- or a protective order entered into on friday. i just received another copy with the original signature mr. keith. does that mean you want me to re-sign the order and redate it or just for the court's file? >> just for the court's file. >> great. thank you. i want to thank all of the attorneys for working together on this matter. i really appreciate it. i am sure the protect order took time to agree upon. i appreciate your continued cooperation with one another in the court to make sure that the interests of justice are served. thank you, again. i know that discovery is coming in and being provided to you. what is the status of that? >> thank you, judge. we were able to get 500 pages of reports and witness statements to counsel on friday after the protective order was agreed to. we have a number of items outstanding. as the court can imagine, this is a unique circumstance. there are a number of witness interviews. one reason in particular, judge, a number of these concern who were at the school were traumatized themselves. that has cause someday delay in interviews. there was a flash drive with over 340 videos and recorded interviews. all things we will turn over to the defense but discovery is continuing to go on. by the nature of the case this will take time, judge. >> thank you. miss lofton, both parties are requesting an adjournment? >> that's correct. we want to get all of the further evidence. >> january 7th at 9 a.m. will that give you enough time to make that decision? >> i believe so. if for some reason there is a longer delay in receiving theyy discovers we will contact him. >> you have discussed with your client waving the time period. >> we have. he understands he has the right of examination in 21 days. because of the extreme volume of discovery, my client is fine with this being set outside of that 21 day period so he can review all of the discovery. >> mr. crumbley, did you hear and understand what your attorney just stated? >> yes, ma'am. >> are you in agreement with that? >> yes. >> you are not waiving your right to a preliminary exam but just the right to have it heard within the time period so your attorney can properly prepare. do you understand and agree to that? >> yes, ma'am. >> i find good cause to waive that time period. i will adjourn the probable cause conference to january 7, at 9 a.m. i would ask if the should be done remotely. does that make sense under the circumstances. >> your honor, at this point, we can set it for a remote hearing. if in between now and then it would be better to be in person based on what will take place on that day we will ask the court. >> absolutely. either of you can make that request. we will set it remote and go from there. >> thank you. >> thank you. >> have you had had a chance to meet with mr. crumbley? anything you wanted to indicate? >> your honor i had an opportunity to meet with him on friday afternoon. at this point, we are able to interact through the normal process of attorneys. i don't know whether this is the appropriate time or you refer a motion. i have concerns that his confinement in the jail pursuant to [inaudible], i am not sure that he is fully away from the sounds of the adult inmates. pursuant to the court rule, the there has to an assessment he is a menace to other juveniles it or can't be safelily detained in a juvenile facility. i understand the severity of what occurred. i think everybody does. i don't know if this indicates because the victims of this age he would be a menace. i have concerns about his mental and emotional well-being. he can't benefit from what the other inmates do. it's difficult because this jail is not designed for juveniles. i would like some redirection. do you want a motion? i feel that if [inaudible]. he would have greater human contact and more services available to him. i just feel [inaudible]. i don't know that he means the standard of the statute. his charge is not unique in the sense there have been other children housed at the village with these type of offenses and being charged as an adult. i just feel -- and i am not being humorous -- but he could be in school. there are many things he won't get in jail. i am not aware of of the time he was there. for his age, his mental and physical and emotion will being, housing him at the village would serve him more. [inaudible]. he hears things from the jails next door to him. he is not supposed to. they are adults and not other juveniles. >> your honor, i can speak for that as well. >> sure. >> i watched the arraignment. i understand that mr. keith made the argument at that time. after reviewing that statute, i do not believe that my client should be considered a menace to other juveniles. this is someone who has never been in trouble before. not someone who has a history of taunting kids his age or any other negative contact with his peers. this one incident is all we are looking at here today. there are other juveniles at children's village charged with murder. there are others there now. i believe that site is protected as well as the other juveniles at children's village if he wants to be returned to children's villanova. -- village. i agree he is being housed in a clinic. the clinic is still being used for adults with medical issues. from are adults inmates around him. if you look at the specific language of the statute we are violenting that. >> judge, this can't be compared to any other case.ating that. >> judge, this can't be compared to any other case. this was a mass murder. this was planned. premeditated. the evidence shows it was premeditated for a period of time before it was done. the defendant did not just attack other individuals. he targeted juveniles. >> trace: ethan crumbley is the alleged shooter in oxford, michigan. the lawyers are going over whether or not he should be housed in an adult facility. his attorneys want him in a children's facility. mark you watched this with us. they talked about discovery and the prosecution said a number of items are outstanding. why is that important going forward? >> well, every defendant has the right to respect discovery from the prosecution. that's on-going. when the prosecution has evidence it needs to be turned over. in a face involving as many witnesses and how sophisticated it is it's not like here we go, we are done. it's on-going. the prosecution told the judge we are continuing to fulfill our obligation under the statue and provide all evidence to the dense. we will try to get that to you for the date of the probable cause hearing, january seventh but the defense is saying we may not have everything. >> trace: there is a civil lawsuit now from 2 sisters and they said the school should have known that ethan crumbley was a danger. they believe the school is deleting some of the evidence. quoting from the students attorney: not only did defendants fail to take necessary steps to preserve the evidence but destroyed the evidence by deleting social media accounts. evidence is being destroyed or altered. are the lawyers looking for information for social media stuff to boost their case? what is going on here, mark? >> they want everything. they don't want anything disturbed. i don't know what the lawyers are doing. i read the allegations. the defense is saying of course we did not destroy any evidence. the plaintiff says otherwise. the defendants know the rules. you don't get rid of evidence with a pending civil execute. if you do you are facing criminal charges because the judge ordered them not to disturb anything. i think it may be a misunderstanding. maybe an account was taken down but that doesn't mean the evidence was destroy. >> trace: mark, thank you. >> sandra: a small western kentucky town was hard hit by powerful tornadoes. 13 people are confirmed dead in the town of just 2500. the mayor said 75% of the homes were destroyed. robert just got back from dawson springs. he is back in mayfield where the scene is horrific. hi. >> [silence]. >> sandra, 70 miles away dawson springs no cell service. no data. back here reporting live from mayfield. moments ago search and rescue teams went through the building near main street with cadaver dogs looking for a miracle. just over in dawson springs, about 2 hours ago, volunteers lined up in a neighborhood walking through the rubble of people's homes looking for bodies unfortunately. those that lost their lives in this tornado system that came through over the weekend. those that made it out and are safe are trying to figure out how to move forward through this town ever 2600 people. i spoke to one woman about her ordeal. >> we just got in the basement. it went overhead. it lifted our house and shifted the whole first floor about 10 feet off the foundation. we are very lucky. >> indeed. her husband has a broken arm and a shoulder that is displaced. he was getting looked at by a doctor and talking to insurance later today. their house is a total loss. not sure if they will rebuild. in mayfield this is where you see everywhere? >> amazing debris and sfarst like no one has ever seen. the national weather service looking into if it was a rare ef-5. not many of those. that's over 200 miles per hour winds. we still have many people missing. >> sandra: robert, thanks for the update. our thoughts and prayers are with all of those people who are going through this. communities trying to get back up right now. andy the kentucky governor predicted there will be more loss of life reported soon. he will be joining us top of the hour 2 p.m. eastern time. he will give us an idea how his state is responding to the devastating tornadoes. senator joe manchin will talk to president biden this afternoon by telephone to discuss biden's social spending plans after the budget office revealed the true cost. $3 million could be added to the program. inflation reached a 40 year high. the white house calling it fake. republicans hope the new number will influence democrats like joe manchin and krysten sinema. i felt like i was setting up a boxing match. i know it will be cordial. austin, take on the idea of the congressional budget office. some programs are expected to not last a year. we know the intention is to ask for them to be extended 10 years. the cb o factored that in and said the price tag is 3 trillion dollars. why is it not fair to look at it like this? >> that's not an accurate discretion of what the cbo he failed to ask them to do the actual plan if you extend programs. president biden said that he would pay for them and specified whose high income taxes he would raise to pay. >> sandra: so you would have to believe that some of those tax hikes that would be incorporated the joint committee on taxation said 25% of the corporate tax falls on workers. the tax foundation anticipated that 70% of this tax is born by labor. and the national bury of economic research had a study in 2020. they found that 31% of the corporate tax falls on consumers through higher prices. if we see taxes go up to pay for that, brian, wouldn't this fall on the worker in the form of lower wages and the average american families as higher prices? >> yes. what austin and the president are saying we will spend way more money, but don't worry we will raise your taxes way more than we say and wages won't grow as fast. i don't know why that's more salable to joe manchin than what we have now. what we are getting from the cbo now is not fake. it's the real score. this goes on indefinitely. we have to count that. not some made up gimmick that politician its come up with to jam a bill with before anybody noises. >> sandra: the "wall street journal" editorial board said all of this gives manchin and other democrats ample ammunition to call the whole thing off. if this bill passes they will own all of the deficit and inflation that results. we just heard from the white house and jen psaki said manchin doesn't look like he in any rush. he wants to get this right. do you believe that joe manchin will come through for your party on this? >> well, joe manchin, i have a lot of respect for joe. i worked with him when i was there this washington. it seems like he is not going to be on bored with the full program that they have outlined. it seems like if you took something like the child tax credit, if they took that off the table that would make this mistaken, misleading score of the cost totally move. if they make the bill smaller so manchin is on board. >> sandra: 5 seconds. >> that child tax credit that's a $1-trillion oops that they made between the original score and this score. >> it wasn't an oops. >> sandra: we are short on time because of breaking news. we will have you back. thanks, guys. >> trace: that bold robbery in a chicago show room similar smash and grabs are taking place across the country. all of those cities there is one thing they have in common. one says it's because of the lax bail laws that lets criminals back on the streets. >> sandra: two women killed in a car crash near the southern border. the driver in the other vehicle a suspected human smuggler. a tragic new turn. is struggling to manage your type 2 diabetes knocking you out of your zone? 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>> i would be shocked given nancy pelosi's choke hold on members in the house chairman if that were to happen. elections have consequences. we need a republican majority in 2022 to right the wrongs happening under the biden administration watch. >> trace: some democratic lawmakers have to realize the courthouse have not been kind to president biden's vaccine mandate so far. what president biden and his administration are attempting to do is unconstitution. there is no precedent for a federal mandate to businesses for vaccinations. vaccine mandate are drawn up by governors or county administrators. you are not seeing governors begging the white house for this happen. i was in a hearing last week with republicans. it was republicans that led a hearings on vaccine mandate and the supply chain and not democrats. this will have grave consequences across the united states. >> trace: your position on this, you have been criticized when you came on this network and you believe natural immunity is robust. 27 times the normal protection and went on another network and said vaccines are the way to go? >> i have been on fox news many times promoting vaccinations. my mother told me this morning, clean up on aisle 6. i had a bad case of covid-19 a year and a half. i have vaccinations myself. i encourage everyone no matter what network i am on. talk to your doctor and talk to them about vacuations. i -- vaccinations. i got a christmas tree and the gentleman who ran the farm passed away 3 months ago. it's heart breaking to learn that people are still dying from this terrible disease. >> trace: you are saying people who have covid still need to get vaccinated? >> i didn't say that. include natural immunity in the policy. a study in israel said natural immunity gave people protection. we should that be included in our policy. and advocate for people to get evacuated. it's -- vaccinated. it's not one or the other. >> trace: thank you. >> sandra: kentucky's governor said the death toll from the tornadoes is likely to rise. 78 people now confirmed dead across 5 states. the families are left to pick up the pieces weeks before christmas. the kentucky governor will join us. top of the hour. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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you up for a little night work? ♪ ♪ ♪ ♪ ♪ ♪ thank you. merry christmas, dad. ♪ ♪ america's herald. innocent families and homeless just 2 weeks before christmas trying to rebuild their lives from their shattered memories. welcome to "america reports." i am sandra smith in new york. so many emotions. >> trace: the pictures are so difficult to look at. i am trace gallagher in los angeles in for john roberts. president biden announced we will visit kentucky on wednesday tornadoes crushing the landscape across 6 states. 78 people reported dead so far. with small towns in kentucky taking the brunt of the hit. you can see the small city of mayfield right in the path of the deadly storms. the search and rescue operations are on-going. in countries across the tornado's path. rescuers looking for people who might still be alive. >> sandra: trace, we have live fox team coverage. a brand new hour. mike tobin has the search and rescue efforts in mayfield, kentucky. grady live at the candle factory that collapseed in mayfield. we start our coverage at this hour live in truman, arkansas, with a nursing home took a direct hit. hunter davis is on the the scene. >> we are in truman. the tornado that traveled into tennessee originated. it's at least an ef-3. this city is 20 miles from the nursing homes where 1 person was dead. 20 miles from the dollar general with the other confirmed death happened. we want to show you drone video of what this city looked like this morning. look at something that has to do with the infrastructure. this is the main point we are hitting. focussing on mayfield and those bigger cities in kentucky, bringing the focus to the smaller cities that are devastateed in arkansas is a big thing we want to do. that's an excellence facility. -- ambulance facility and their station were destroyed. we want to show you a business here. governor hutchinson in arkansas said hundreds of homes were destroyed. businesses also damaged. to give you perspective. this city in truman only has 6,000 people. that's the largest city that saw an impact in arkansas. the other two cities 20 miles from here they have less than 2000 people in those communities. that gives you perspective for what they will be looking at for recovery. they don't have a lot of resources. we are looking at the debris field here. this is a reflection of what a good chunk of the city looks like. it's difficult to navigate around because so many streets are closed because of debris or their efforts to get power lines back up. we are focussing on how strong it was. showing you this center of the building folded in on itself. i don't know what more clear of a picture we could send about what this storm did to this community. back to you guys and let this image sink in. >> sandra: so hard for us to take it in from here. the president plans to visit the area there in kentucky on wednesday hunter, thank you very much. >> trace: those illustrate the powerful storms. folks in the heartland are picking up the pieces. the death toll at least 78 in 6 states. the weekend's storms tore through the region. mike tobin is live for us in western kentucky where one town was hit hard. >> this is a recovery that michael said it's not going to be a matter of weeks or months. this is going on for years. we are in the center of mayfield. you can see that piece of equipment trying to pick up the twisted sheet metal to put in a dump truck. with this much destruction, where do you put all of that material? there are two temporary dumps on the outside of the city. the post office an american flag was hung as a symbol of hope. all of this destruction. courthouse and businesses. for people like james he is a police officer who came to help others and returned to find his home destroyed. >> we just came out of the pandemic. we have never seen anything like this. what else? then this. this is unreal. unreal! >> we can give you a live look with our drone from the fox news flight team. what used to be the water tower in mayfield. the death toll in kentucky is at 64 but the governor said it will likely rise. 110 people are unaccounted for. and land lines and cell towers are down. it hit when most people were in bed. there was not much time for people to prepare. here's governor beshear. >> it didn't take the roof off. that's what we are used to seeing with tornadoes. you get to the basement you are safe. there is no safe place when you get hit by something like this. >> trace, you mentioned i have been to many tornadoes in the fast. ef-fives and the tornado in joplin, missouri. never seen a tornado like in that drove for 200 miles to the northeast like a giant lawn mower. >> trace: mike, thank you. >> sandra: search and rescue efforts continue, many people had to rescue themselves from underneath collapsed buildings. before and after shot of the candle factory in kentucky. survivors sharing details of clawing their way out of the rubble. grady is in kentucky for us. >> 8 of the 64 people killed here in kentucky were inside that candle factory. more than 100 employees working the late shift when the tornado ripped through this part of mayfield. still 6 peopleun accounted for. out of these stories of tragedy we are stories about herrose. -- heroes. along with the first responders. a county commissioner here. lightning and thunder still going on as the tornado passed through this area. he drove up to the candle factory and helped get people out. there were more than 100 people inside. even the survivors were seriously injured. listen to how he described the scene and what the ceo says the message of resilience from this community is. >> it's amazing they are still alive. we had some injuries. some back issues and broken ankles and different things. it was amazing they were still alive. >> i can 100% guarantee our company is not going anywhere. we will be here. we will be back as quickly as possible. >> any time we cover these stories people ask how we can help so our money goes to the people directly affected. that candle company has set up a website. they say everything that is donated on that site will go to the victims and their families and the employees impacted by this. >> sandra: grady reporting. so many asking how to help. the red cross is always on the ground. to donate go to: go online or call. so many communities and families need that help. the president talking about the federal assistance on the way to the governors that are asking for that. the governor of kentucky will join us. >> trace: the red cross is the best. this could be an ef-5 tornado. 200 miles per hour winds. that's astonishing. you get debris inside the winds. it's flying at 200 miles per hour. you see the havoc it wreak. we are pulling for those people. >> sandra: absolutely. the governor of kentucky andy beshear will be joining us live just a few moments from now. the latest death toll in his state 64 dead. 78 confirmed across multiple states. we will had an update. he's been responding to the disaster non-stop since this struck. he said nothing he has ever seen before would compare to it. he will update us live on the search and rescue efforts taking place in his state. >> trace: a luxury car dealership the latest target in america's crime crisis and the victims point the finger at the leaders meant to keep them safe. that is reaching up with new poll numbers showing president biden getting burned. veteran homeowners, need a financial boost? 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(crowd) business! >> sandra: "fox and friends" alert. this scene stretches for miles. heart break across several states but none hit as hard as kentucky. the governor confirmed at least 65 have die asked more than 100 are missing. the recovery will be years. countless number of lives changed by these deadly storms. kentucky governor andy beshear joins us now live. so far all of the loss your state is experiencing and the devastations there. your update at this hour, sir? >> well, as of this hour, we now have lost 65 kentucky people. children of god and irrelistable. -- irreplaceable. 9 counties suffered at least 1 death. they range from small kids. 5 months to people in their 80s. mayfield levelled. my dad's hometown of dawson springs, two-thirds gone. this will be classified as an ef-4 or 5. it will be the longest touchdown in our history and it happened to us. we are strong. we are digging out. a hopeful sign yesterday, we were able to move in mayfield from clearing the roads to starting to take some debris and remove it from town. there is something hopeful in that. if we can remove the damage, the devastation that maybe we can begin anew. we opened up state parks and are welcoming families in. providing them resources. we have a fund we set up directly to help them. we will start paying funeral expenses and grieve together. then we will rebuild together. we will have thousands of people that we have to help get 4 walls up and bring their families back in. these are good people. they opened their homes to others. we have 11 shelters. now we are down to 6. everybody somebody gets power in a home still standing, families are invited in. we are missing a lot of people that are out there. we know there will be more losses. >> sandra: governor, we will put that up on the screen. your team provided that to us. more help is needed. the website you can go to. this is the website your team established. the western kentucky relief website. we will put that up on our screeno people can help. devastating to learn that one of the youngest victims just months old that passed as a result of these storms. the president spoke at the white house a short time ago. the search and rescue efforts are still under way in your state. he said he will honor anything that any state needs as a result of these storms. what do you need right now? what are you asking for? what would help? >> my myself and our entire delegation are grateful of the speed that the federal government is moving on here. we have a major emergency declaration faster than we have ever seen. fema is already on the ground. this afternoon teams will be able to walk -- it was house-to-house. now it's piles of rubble to piles of rubble and start processing people's claims. we need people's prayers that we find these unaccounted kent people alive. that we can bring families back together and make people as whole as we can. that we don't lose other people to the cold: then we need commitment. we feel the love. we are so thankful. the rest of the country and the world even providing so much help. we had to bring in extra help to manage the help. that feels really good in a time of trauma and loss. we will need commitment in the years to come. to make sure we are not just here the day after to provide shelter but are here to rebuild lives. we have been through a lot. the pandemic and historic flooding and historic ice storm and this in 2 years. but we are strong. we will make it. we know everybody else in the country are behind us. we feel that. >> sandra: everyone hears the emotion in your voice. this is lot on you. your uncle lost cousins and you have two young children. you are a father. give us an update on how your family is? >> thankfully they are all safe which is more than a lot of people can say. i have a first cousin in dawson springs. the phone lines were down for days. it took me 8 hours. i saw her later that day. it was one of the first places i went. i got to give her a hug and a block from where my grandparents lived. it's gone. for miles just gone. my father and my mother are both safe but hurting. how do you process when you are hit like this? we lost 13 in a town of 2700. then the town that got hit in another country. 160 people and they lost 11. very painful for tight knit communities. everybody knows everybody else. >> sandra: what is your message for those families who have talked about how difficult this will be to pick up the pieces? to start the clean up process. for those who are grieving the loss of loved ones. you know you are kentucky strong. but this will be an extremely challenging time for your state to come back. what is your message to families? >> we love you. we love you and we are sorry for your loss. we will grieve right there next to you. we are never going to walk away from you. we are going to be there to help every single step of the way. you are one of us. we are one people. we care about each other. we will make it. we will be there in the coming years. i know that you will never be whole again. i get that. but we will do everything we can. >> sandra: honest response from the heart. governor, our best to you. 65 confirmed dead in your state. i know the rescue efforts are on-going. come back with an update when you can. thanks for your time. >> thank you. >> sandra: thoughts and prayers with the people of that great state. trace, difficult. the governor is going through a lot. emotional speech he gave earlier. personal for him. he said he wasn't doing well and not many are with a long road to recovery. >> trace: losing 10% of your town's population. it's not a weeks or months scenario. this is a years scenario. maybe many years to recover from this. the governor was very compelling. president biden's chief medical advisor dr. fauci said americans will have to get used to multiple boosters to get covid-19 under control. critics argue the effects of the pandemic are hitting people in the heartland more than big cities. mollie hemmingway join "us weekly." -- joins us now. dr. fauci said if you need another booster deal with it. the democratic party is held captive by the affluent slice of the base at the expense of the rest of the country. do you see biden administration the blue states governors make a course correction? >> that was so interesting. josh pointed out that the significant gains made by the republican party because because of zero-covid policies in place in democratic states. what you are seeing is some people are realizing that some of the extreme over-hyping of a bad global pandemic has political consequences that are bad. president biden said a year ago he would never institute vaccine mandates. he put them in. every court is blocking them for the time being. injunctions and stays. facing legislative hurdles. it's a divisive issue. you are starting to see more people say it's time we understand this is something we will have to live with for the rest of our lives. >> trace: i want to put this up. the "new york times" said society would cease to function if it tried to minimize every medical risk. the atlantic: where i live, no one cares about covid-19. the pendulum is swinging back. >> for much of the country that's how they always approached it. they didn't think the risk meant destroying their lives. elite circles were able to keep living their lives. working remotely and getting groceries delivered. they are catching up with the rest of the country. understanding you can't destroy your life by over-hyping what is a bad pandemic. it's bad enough. no need to not be able to do cost benefit analysis and make it worse. >> trace: new mask mandates in place in new york and los angeles. still taking our shoes off at the airport. maybe 10 years now we will putting masks on. >> this is not about science or trying to rein in the pandemic. it's about control. what will happen is that until people fight responsive these unscientific requirements put in place they will continue because politicians like to accrue power but the people have a say. >> trace: thanks for coming. >> sandra: a cold case suddenly seeing through developments 5 years after teenage girls turned up murdered. police in indiana released clues to jog's someone's memory. capturing the killers voice potentially. alexa has the development. >> police are looking to talk to anyone who communicated with a fake social media account created by an indiana man looked into for the delphi murders. this comes 5 years after the murders of abby and libby. they were killed out on a walk in their hometown of delphi, indiana in 2017. just about 70 miles from indianapolis. their bodies were found the next day in february 2017. investigators have released 2 sketches of the killer. that's the most recent. images of the suspect walking on the bridge near where the girls were killed. this social media account is at the center of the case. police say this profile of anthony used these photos of a male model to cat fish underage girls and asking them for nude photos. it was really this guy. that's his mug shot. kline admitted he used anthony's profile to solicit 100 nude images from underage girls. he was not named as a person of interest in the murders, police searched his homes 11 days after the girls were killed. where every update the family has to relive the tragedy as they wait for an arrest. >> it's like tearing the band of a off and opening the wound up. not that it's ever healing. i am frustrated we got this far and don't have the person responsible being held accountable for this. >> kline whom they are looking into. he is behind bars on child solicitation charges. on friday he told me he wants to clear his name from the delphi murders but police are asking for anyone who interacted with that page to come forward. the tip line at the bottom of the screen. >> sandra: alexis, thank you. >> trace: supporters game president biden's social program spending spree is paid for and won't add a dime to the federal deficit. republicans say the true cost is hidden by democrats, smoke and percent. a fox news contributor will help us get to the truth next. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections —some serious— and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reactions may occur. learn more at cosentyx.com. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho 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a bill that doesn't exist. we should focus on the actual bill. >> not all democrats are on board with what they are voting on. democrats senator joe manchin said this new cbo analysis is not fake. it's sobering. >> i don't think that's a fair evaluation of saying we will spend x-amount of dollars but will have to find more money. look at the whole ball of wax. >> manchin is still undecided and so are some west virginia voters. pulling from the partisan gop 64% of west virginia people think the bill will make inflation worse. this will be one of the topics of conversations between the president and senator manchin this afternoon. >> trace: topic one. thank you. >> sandra: the "wall street journal" editorial board is arguing the bill will make americans more dependent on government hand outs. here is bill a fox news contributor and "wall street journal" columnist. you go back to jen psaki's words calling with a fake score about a bill that doesn't exist. what wasn't fair about the cbo? >> it's the first honest analysis we have. we have to have an honest assessment of the real costs. under the biden administration the rule is the more you spend the fewer questions you ask. it's a version of nancy pelosi's we have to pass the bill to find out how much it will cost us. i think joe manchin has been vindicated. 3 had concerns for months. they lowered the price tag with gimmicks pretending these programs will stop when every democrat hopes they will continue. i think joe manchin has more reason than months ago to not support this bill. >> sandra: do you believe it's a possibility or a probability these programs go on for 10 years. joe manchin doesn't think it's fake and he has a key voice. he said the analysis was sobering. we know he is meeting by telephone with the president this afternoon. do you get any sense that the white house and his party are going to get him to budge or will he stand strong? >> everyone has expected from the beginning that manchin would cave. he doesn't sound like a man who will cave. that poll you showed before. it's interesting. only 14% of people in west virginia bought the biden white house argument that this bill would bring down inflation. it's a con job from start to finish. finally we are getting some honest assessments. >> sandra: i hope we get an honest readout of what happens with the phone call soon. he does not appear to be in a rush and not setting deadlines. bill, thank you. we are short on time from breaking news in kentucky. thank you. . >> trace: california governor gavin newsom pushing for stronger gun laws. how he is planing to use the controversial texas abortion law model to crackdown on gun sales in his state. jonathan turley on why he says the gun ban will play better in the media than in the courthouse next. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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let's bring in jonathan turley. processer, great to see you. a little context here what newsome wants to do is allow private citizens for anyone that manufactures, distributes or sells an assault weapon or ghost gun kit. you think it will generate big headlines but it's not legal. explain that. >> no, i don't think courts will be enamored with newsome using the courts for this type of legislated sound bite. that's what this is. the supreme court voted 8 out of 9 justices in favor of allowing what is called a preenforcement challenge to the texas abortion law. and this is likely to face the same type of preenforcement challenge. moreover, they're going to box in the liberal justices who unless they're hypocrites would have to vote in the same way on this law. the laws are very different. you have two different constitutional rights. the second amendment expressly guarantees the individual right to bear arms. but there's some questions as to whether that extends to assault weapons or ghost guns. a district court judge ruled that the california ban on assault weapons was unconstitutional. but the law is not the same in critical respects. new says says we'll let you sue manufacturers and distributors. the texas law, the reason it was problematic for many, it allows you to sue aiders and abetters. newsome doesn't want to create open season on gun owners. he was singling out the companies. the companies are not likely to be that intimidated by governor newsome. because the law is going to be clearly found unconstitutional. so because he's narrowed the scope and he's suggesting it's going to be written in this way, i don't think they'll view this as a serious threat. they go to court and get struck down. and that ekg will remain flat. >> yeah, it's interesting. i found an interesting argument from loyola law professor jessica newsome thinks that he's over his skis. they say that he's proposing to use a mechanism that many others have vilified. but it's quite smart. it's a big f.u. to the supreme court. what do you think? >> i don't think that's a smart message to give the supreme court on any subject. i think the court including liberal justices are going to be annoyed with that message. this really lacks principle and makes it up in popularity. this is not a big costless effort. this will have to be drafted and defended in the courts. it will cost a lot of money. for what? because you're going to get a bump in your polls? so this is go over really well on cable programs and it's going to go over badly in actual courts of law. >> john: i have to go quickly here. those that argue that this could lead to a patch work of laws. can't get an abortion in texas or buy a gun in california and can't do whatever in florida. >> you can certainly have copycat legislation. but keep in mind that texas law was declared unconstitutional by the district court. it's unconstitutional under existing precedent. so is what governor newsome is suggesting. he needs to do it in legislation and fight it out in the courts. not with a gimmick. >> john: thanks, professor. great to see you. >> thank you. >> john: sandra? >> sandra: trace, as we wrap up the show, we look back at the devastation there in kentucky and thank the governor for giving us the time this afternoon, the update, the death toll is now 65. >> john: that's the thing. look at the images. maybe we can put them up. the governor's interview was compelling, heart wrenching. he has family. this is his state. it's not like a journalist that comes in there and takes pictures and moves on this. is devastating tough. mike tobin said it earlier. we have been covering tornadic activity across this country for dozens of years. this is as bad as mike has ever seen it, as i've ever seen it and some of my colleagues have seen it. the tornado state on the ground so long. it was so powerful and stayed on the ground so long. when it's