reaction to the ncaa big decision. >> john: soft on crime policies, emboldening career criminals released too soon. happy friday eve to you, sandra. >> sandra: i love you look at it that way, john. a spotlight on homeless criminals who are the hardest to track in the system. california, police arresting a man wanted in the murder of ucla grad student brianna kupfer. shawn smith stabbed kupfer to death in a random daytime attack as she was working in a furniture store in los angeles. >> john: critics blame the lenient laws to be free on the streets. howard safer will join us in a moment. >> sandra: jonathan hunt is live in los angeles. what do we know about smith's criminal record? >> before he allegedly stabbed her, he had been bailed on both coasts. democrat and republican prosecutors, covid court delays also involved, a perfect storm of circumstances, tragically ending with the death of kupfer. smith was arrested after a member of the public called 911 having spotted him in pasadena about 15 miles from the store where kupfer was murdered. he was out on bail following a misdemeanor shoplifting arrest here in california, but his long criminal record began on the east coast, and the most serious charge against him appears to have been for firing a flare gun into a vehicle in which a man and young boy were sitting. that was in 2019 in charleston, south carolina. we understand smith was freed on $50,000 bail but less than 10% of that was paid, and it seems smith then took advantage of the march 2020 covid-related court shut down in charleston and went to covina, heading west. october 2020, arrested from stealing from a home depot here in california, and was released on $1,000 bail for that misdemeanor charge. now, covina is in l.a. county, where district attorney george gascon has faced criticism. gascon released a statement, calling the killing tragic and heartbreaking, and adding "we are working with l.a.p.d. and will review the case as soon as it is presented to us." a short time ago the l.a.p.d. confirmed to us that they have indeed not yet presented the case to the d.a.'s office. smith's bail, meantime, set this time at $2 million. sandra. >> sandra: jonathan thank you. >> john: 11-month-old baby, one of the latest victims of the new york city crime wave. searching for the gunman who shot the baby as he chased another man in the bronx neighborhood. a stray bullet hit her in the face. she is reportedly in critical but stable condition, she was in a car. howard safer joins us now. let me ask you about the latest horrible incident in new york city, former commissioner. can you hear me all right? i think we -- i think we seem to have a problem with our connection, with howard. we will attempt to get it back, but sandra, in the meantime we have more on this as we try to reestablish with howard safer, including the l.a. county sheriff alex villenueva later on. >> sandra: new york, people do not feel safe. we chatted about the perception of safety, and that's not what it's about. people want to be safe in the city, it is tough and we expect a big crackdown on it. you have him? >> john: apparently we have reconnected with mr. safer. can you hear me now? >> i can hear you fine. >> john: your expertise and opinion on all of this, it's very valuable when you consider where new york was when you were the police commissioner and where it is now. start off with the 11-month-old tragically shot. thankfully has not died and we are, our prayers are going out to the family and the child. but eric adams, the new mayor of new york city seemed to finally get religion on this idea of crime last night. >> enough is enough. if tonight wasn't a wake-up call, then i don't know what will wake us up. we need to come up with an urban agenda to stop the flow of guns into our cities. >> john: he further tweeted he believes political leaders at all levels have failed. what's your opinion of what's going on in the city? >> what's going on in the city is a compilation of what happened over the last eight years under the de blasio administration and the defund police movement and antifa, and the riots after george floyd, and people are now paying attention because crime is no longer just happening in underserved communities. random victims, people getting pushed off the subway, people shot in cars who have nothing to do with crimes, that's what's really waking people up because they are seeing that defunding the police, lowering bail, releasing inmates, is going to cause chaos in this country. >> john: as the police commissioner, you, william braten, ray kelly, involved in policing in the 1990s led a historic decrease in crime. 1993 and 1998 in new york city, overall crime went down 49.3%. murders went down 69.3%. shootings were down, 66.3%. robberies down 54.9%. auto theft down, 59.3%. you have proven, commissioner safer, that it's possible to lower crime in a crime-ridden city. how do we now get back to where we were in 1998? >> we have to give the mandate back to the people who know how to reduce crime. and that's police. when i was police commissioner, reduced homicides by 38%, reduced overall crime by over 40% and did it by using stop question and frisk, by putting plain clothes units on the street, which the de blasio administration got rid of, and basically you have to send the signal to criminals that if they commit crimes they are going to be arrested and sent to jail. the signals that people like district attorney bragg and all lives matter and antifa are sending, you can do whatever you want, no bail, crimes treated as misdemeanors and will not go to jail. i believe in civil rights, but i believe number one civil right is to be free from harm, and that's what everybody in the left is progressive movement is missing. >> john: i want to show you, commissioner, a video posted by a woman named wanda vala, in november on tiktok, and long before the horrible tragedy of michelle go happened. demonstrating at a stop in the bronx, she uses a bicycle lock to chain herself to a pole so no perpetrator could grab her and push her in front of a subway train. i mean, it's an innovative tactic but the very fact she thinks she has to do it is outrageous. >> it's pathetic. you know, senator moynihan a while back when there were 2500 murders in new york said new york is defining dbnc down. we are headed in that direction unless they wake up and give police the authority to do what they joined the police force for, to protect people and to serve. >> john: former commissioner of n.y.p.d., thanks for hanging in while we reestablished communications with you. >> good to be with you. >> john: when you look at it, a crisis of homelessness in america. four high profile killings at the hands of homeless people. crystal, she was the woman shot at the burger king, michelle go pushed in front of the subway train by a homeless man, brianna kupfer stabbed in los angeles and another beaten and killed in los angeles. something has to be done, not sure what it is. >> sandra: i was surprised not to hear more questions of crime in the news conference with the president. we'll ask alex villenueva, los angeles county sheriff, and looking forward to what he has to say. president biden, the first press conference of the year the white house is trying t clean up the president's remarks, specifically on russia, small incursion by moscow into ukraine would be tolerated by the u.s.? and they are saying what? peter doocy was in the room and now the north lawn of the white house. how is the president changing his story about russia invading ukraine this morning? >> the president is no longer excusing a small incursion where the russian military would take over a little bit of ukraine. >> if any, any assembled russian units move across ukrainian border, that is an invasion. but it will be met with severe and coordinated economic response. >> that is, of course, not what he said yesterday. >> russia will be held accountable if it invades, and it depends on what it does. one thing if it's a minor incursion and we end up having to fight about what to do and not do, etc. they get presidential pressers in moscow, and ukrainian leaders say they know he wants to be supportive of them but they want to make sure he knows what is at stake here. >> you cannot be half aggressive, not a small aggression or big aggression. aggression is the aggression. invasion is the invasion. and therefore, the response should be given to the act of aggression to the act of invasion as such, first irrespective of its scale. >> the morning after presiding over the senate as voting rights legislation she's in charge of died, the vice president did the morning show circuit, and she seemed frustrated at questions about cleaning up after the president. >> the white house press secretary had to actually clarify the president's remarks. >> savannah, i'm clear with you right now, and so if you are interested i'll continue to be clear, which is that we -- we have had direct conversations through various levels of diplomacy with putin. >> most of the meat of president biden's comments and reflections were problems and policies here at home. as year two begins, the focus is on foreign policy and that small incursion line that will be played on a loop if putin does what the president says he thinks he probably will do, and that is make a move on ukraine. sandra. >> sandra: it's a big deal, and a lot of news continues to come out of the white house this morning, sort of trying to clarify, walk back those comments from the president yesterday. peter, thank you. and john, breaking news from jacqui heinrich right now, she is reporting that republican and democratic members of congress from several committees she says, including armed services and foreign affairs are telling her the briefings this week do indicate that u.s. officials believe russia is likely to invade despite this continuing narrative that putin has not yet made up his mind, but obviously going back to the biden's own words, my guess is putin will move in, that would seem to go along the same lines as what we are hearing now and jacqui is reporting from the members of congress in the briefings this week. >> john: despite all the clean-up from the press conference, did the president give putin a green light to at least go in in a minor way? we will be joined to talk more about that in a little while. and investigating hunter biden, accusing the secret service hiding information on the president's son overseas travel. what's held back. >> biological boys should not be playing in women's sports. we need to protect women's sports. >> sandra: controversy over lia thomas. ncaa is announcing a brand-new policy. does it level the playing field? we'll ask chelsea mitchell, part of the first lawsuit challenging rules on transgender athletes in women's sports. she will join us live next. your kindness outshines your highs and lows. your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. 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. 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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>> no, it doesn't. it's really disappointing. in high school i raced against transgender athletes all four years of my high school career and lost four state championships, awards and other opportunities to advance and compete and it's disappointing the ncaa did not take the opportunity to stand up and protect women and girls. >> put the break down of the new policy on the screen, to take people through this, kristin, rather complicated what they have decided to do here. they do back themselves up with the fact it follows the policies of the u.s. and international olympic committees. determination by governing bodies, so puts it off to the individual sports. the trans athletes are now required to document sports specific testosterone levels before championship selections. so kristin, you go back to the point that they have said they have to go through the hormone treatment, years of it, as lia thomas did and prove it. why that not enough? >> well, they are saying essentially they are going to make no decision and defer to other governing bodies, and there is not one u.s. governing body that stood up for women. no amount of supressants. the ncaa should be ashamed and they have violated legal obligations they have to student female athletes. >> sandra: many calls for reevaluation, chelsea, caitlyn jenner joined us. >> she was born a biological boy. raised as a biological boy. cardiovascular system is bigger, her respiratory system is bigger. her hands are bigger, she can swim faster. that's a known. all of this woke world that we are living in right now is not working. i feel sorry for the other athletes. >> sandra: what did you think when you heard that? >> i completely agree. biological differences are why we have sex separated sports and the obvious is very -- the advantage is very obvious. racing against these transgender athletes, it's just -- the difference is uncomparable. >> sandra: when we first heard about your story and published emotional piece in u.s.a. today. i was the fastest girl in connecticut you wrote during high school years but transgender athletes made it an unfair fight. how do you feel like you can address this issue by also not sounding like you are not compassionate toward those who might feel like they don't find their place, somebody who has made the transition in this case to a female, but they might not find a proper place to compete. what do you say to those who challenge you on that point? >> well, sports is all about fairness and it isn't fair to p ut a biological male in the female category, and why we have sex separated sports. the question is where is it most fair and it's not fair to have the transgender athletes in the female category. >> i know you are competing at the collegiate level, we wish you the best. kristin, do you believe this will be reevaluated, individual sports will press for more change from the ncaa? >> i think kaitlyn was right, the woke mobs are trying to engage in cancel culture, but the law requires the ncaa to stand up for women. we are talking about women pushed off the podium, and also not even getting a place on the playing field, and that's wrong. >> sandra: we will continue following this story, really appreciate your time on that, chelsea and kristin. thank you. >> john: president biden raising eyebrows with his comments on russia and ukraine yesterday. >> will be held accountable if it invades and it depends on what it does. one thing if it's a minor incursion and we end up having to fight what to do and not do, etc. >> john: what biden is saying today and new reaction from ukraine as additional forces arrive along the border. and senator barrasso with view on capitol hill. >> sandra: and the l.a. county sheriff says another example of the far left soft on crime policies making it easier for bad guys to get away with sad crimes. the sheriff will join us the next half the hour. >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ how bout sushi? 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[collision beeping warning] [silence] how bout tacos? tacos. automatic emergency braking — one of six advanced safety features standard on every 2022 chevy equinox. find new technology. find new roads. chevrolet. ♪ life can be a lot to handle. ♪ this magic moment ♪ but heinz knows there's plenty of magic in all that chaos. ♪ so different and so new ♪ ♪ was like any other... ♪ surveillance images of key locations in western russia show additional russian troops and equipment arriving near ukraine. we have fox complete coverage for you. senator john barrasso just ahead but first, live in ukraine, what are the reaction from president biden yesterday and more this morning. >> exactly, sandra, a strong, somewhat confused reaction to the comments from the president as the threat in the region grows. as you noted, we have brand-new satellite imagery of russian troop build-up around ukraine, now set to be over 125,000 soldiers strong. we have also learned some of the troops are within 25 miles of the border of the country, just a bit over 50 miles from where we are talking to you right now. president biden tried to clarify one comment he had made that a minor incursion by russian troops might not trigger a major reaction. here is what he said today. >> i've been absolutely clear with president putin, he has no misunderstanding if any assembled russian units move across the ukrainian border, that is an invasion. >> but, this was after president zelensky tweeted we want to remind great powers there were no minor incursions and small nations. just as there are no minor casualties and little grief from the loss of loved ones. i say this as the president of a great power. here is more what we saw and heard today. >> as for the people of ukraine, they have been living with war for years. what do they think of a greater chance of a russian invasion? >> biden says he thinks there could be an invasion, do you think there could be? >> you mean the russian -- i think it's not probable. very low probability. >> you think there will be an invasion? >> i hope not. >> you hope not. >> right now i don't think we stand a chance if we do get invaded, so hopefully that does not happen. >> all eyes now, sandra, are on geneva, switzerland, where secretary of state blinken is headed next. he'll be meeting with foreign minister lavrov to try to untangle this diplomatic tangle and maybe keep the russian troops away. back to you. >> sandra: meantime we'll be watching it very closely. john. >> john: wyoming senator john barrasso, a member of the energy committee. let's play what president biden said that raised so many eyebrows during the press conference yesterday. >> russia will be held accountable if it invades and it depends can on what it does, one thing if it's a minor incursion and we end up having to fight about what to do and not do, etc. >> john: jen psaki rushed with a mop to aisle four for a quick clean-up and then a little while ago he grabbed his own mop, and said if russian troops move over the border, that's invasion. met with the response i laid out for putin. there are some people who say that putin will only look at what he said at the beginning and say ah, that's a green light for me to go in. >> let me tell you about vladimir putin. he's a poker player and he's cunning, opportunity isaias -- opportunistic, and looks for tells. he also can smell weakness. and he views president biden as weak and ineffective, specifically after the collapse in afghanistan. so putin, his aggression is funded by energy which is his cash cow and the biden policies previously have been a jackpot for putin that is funding all of these things. so, we are going to see exactly how this plays out. but as a poker player, putin is a guy that gets a lot of different hands dealt to him and then ultimately decides to choose which of those hands to play. >> john: talk about the potential impact, but the ukrainians are freaked out about this. you saw the response from president zelensky. something president biden seems to do with troubling frequency, say one thing and then have to come back and clean it up and say oh, no, what we really meant was this. >> well, we have seen it not just here, this is today is one year after the inauguration of president biden, a man that came into office saying that he was going to unite the country and put covid behind us, this has been a year of failure for the president and this is just one of the areas of foreign policy. the whole world is more aggressive at this point after the collapse in afghanistan and seeing it with china, north korea, iran and the persian gulf, with russia as well. brought on by the president's own statements. and finally, i would say that vladimir putin respects strength, not statements. >> john: so your area of expertise in terms of oversight is on the energy committee. what's been going on with energy at home. propane in the midwest, 33% up, natural gas up 27.8, electricity up 2.7%. if russia were to invade ukraine, what happens to those numbers? >> people will be paying more at the pump and paying more to heat their homes because vladimir putin uses energy as a weapon. and joe biden has fallen into putin's trap. right now, a dollar a gallon more than a year ago, day number one, he killed the keystone xl pipeline, declared war on american energy and then had to go back and ask opec plus russia to produce more energy to sell to the united states. so today we are using twice as much crude oil from russia than we were a year ago. energy prices are at a seven-year high right now at home, so i expect energy prices to go up if putin invades and i think $100 a barrel is not out of the question. >> john: we have about a minute left, i want to jump to another thing the president was talking about yesterday, blaming republicans for all his woes. listen here. >> i did not anticipate such a stalwart effort to make sure that the most important thing was that president biden did not get anything done. think about this. what are republicans for? what are they for? name one thing they are for. >> john: it would seem the biggest problem are the democrats who will not stand with him. while we have you here, what do republicans stand for? >> we stand for jobs, a strong economy, for national security, which is energy security, which we don't have under this president. it's border security, which we don't have under this president. it's military security, which we don't have based on this president's, what he's proposed in terms of his budget for homeland security, and for military. these problems that we have seen is because joe biden went so far to the left, a freight train to the left with pelosi, biden and schumer, proposing things really radical, extreme, dangerous, scary, massive spending, massive taxes, massive regulations. things that are going to make it much harder for our economy to recover, and what he is still proposing under this so-called build back better with all the taxes and penalties on american energy is going to make energy much more expensive. this is a president that has been ignoring the main concerns of the american public which is inflation and that's why this president's approval numbers now are at historically low levels. >> john: certainly a lot to chew over between now and november 8th. >> john: and the president saying we cannot guarantee the integrity of the election unless we pass this new voting rights bill. >> sandra: a lot of news there, prediction of $100 a barrel, and heating bills up, because to his point, vladimir putin uses energy as leverage, it's a big deal there. and goldman sachs made a prediction for $100 oil as well. npr reporting on a controversy over masks in the supreme court, even after three justices shot it down, including the chief justice. tomi lahren will sound off on that. >> hasn't done anything for the people. >> decent job, i think. >> first i've ever seen any job do in my lifetime. >> performance found lacking by most americans if you look at the poll. is his failing agenda a reflection of his divided party? 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>> gerry: i thought it was chaotic, i thought it was disturbing, i mean, you know, when you have a president whose words have to be cleaned up, like you just heard, both on russia and also on the question of the legitimacy of elections in hours of his remarks, it does show a president who is at minimum very loose-lipped. but at worse, really not in control of the facts and the data and indeed the key elements of his job. i think it was disturbing as well. >> sandra: seems to be a lot of frustrations when it comes to voters. voters in michigan, listen to this. >> he has not done anything for the people. >> worse i've seen any president do in my entire lifetime. >> things are obviously worse but i don't know what's worse is exactly all his fault. >> trump left it a mess, he inherited a problem. >> look at the stats, look at our economy. biggest liar of any president. outmatches any of them with lying. >> sandra: brutal there. is there any way for him to come back as you heard liz warren in an interview the other day, she said, just the first quarter, we are moving into the second quarter, give him a chance. >> gerry: yeah, we are moving into the second quarter of, see what the score is at the midterms, i don't expect to have narrowed the deficit much. the problem, you heard it there very well articulated by those people being spoke to, the problem is that this is an administration that has been determined to go its own way and used the opportunity of the covid crisis and of the economic crisis that we got as a result of covid to try and create its own kind of progressive utopia. very characteristic of the left, sandra. when they see a crisis, instead of dealing with the crisis and fixing it and helping people overcome their misery, they see an opportunity to do what they want to do, to achieve their political objectives from the crisis. so they use it to do things that are not necessary in the best interest and certainly not pressing issues for americans, and you heard it again there. people want a government that understands what's happening with prices, understands what's happening in schools, understands what's happening with crime. and policies in place that can address those problems. instead, we have a president and you saw it again yesterday, goes out there on national television and says the problem we have in this country is jim crow 2.0, he did not actually use the words, but ridiculous allegations of the republican states trying to look at their election laws, you have a president and party focussed on achieving its own ideological objectives. >> on the legitimacy of the midterm elections, buried in all of this was an interview by savannah guthrie with kamala harris, when they locked horns suggesting the midterms will not be legitimate. >> i will repeat myself. i'm vice president of the united states. if i may finish. >> specific question if you don't mind, does he think now that these bills have not been passed that the 22 midterms will not be legitimate or fair or free? >> let's not conflate issues. >> sandra: final thought, gerry. >> gerry: every time kamala harris is on tv, it raises more questions about the presidential succession and the country. tried to wiggle out by saying what biden was talking about is people who deny the 2020 election. he was not saying that. the elections will not be legitimate, tried to walk it back with jen psaki, now we presumably have democrats who believe it will not be legitimate. >> sandra: it's been a while, come back soon. >> john: good to hear from gerry. two g.o.p. senators accusing the secret service of hiding information on documents related to hunter biden's travels while his father was vice president. the details on what was left out coming up next. >> sandra: new developments in the murder of gabbi petito. >> we will tell them everything we have learned. you want to fill in the pieces and answer their questions, put them at ease. . 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[a vulture squawks.] oh boy. only pay for what you need. ♪liberty, liberty, liberty, liberty♪ john two top g.o.p. senators are an accusing the secret service to protecting hundreds of pages of documents relating to hunter biden's travel. >> good afternoon, senator ron johnson spoke to bill and dana earlier today, not empty handed, accusing the secret service of a cover-up. >> they are hiding something. here is an example. we finally, after little years of dickering back and forth with them, finally got 259 pages of documents. this is what we got. you know, i don't have x-ray vision, i can't read through the black ink. >> in a letter to the head of the secret service, they write these inappropriate redactions impede our full scope of the interactions between hunter biden and the secret service. the secret service hid names and other information obtained in email conversations regarding hunter biden. they accuse the secret service redacting hundreds of pages when joe biden was vice president. they allege they do not say personnel or hunter biden went to kazakhstan during a trip to paris. hunter biden was going to meet the leader of kazakhstan, recently arrested on charges. the senators demand a respond by january 26th. >> john: pretty substantial redactions. thank you. >> sandra: the homeless man accused of killing a ucla student is now behind bars after days on the run. this why some question he was not already in jail in the first place with a lengthy rap sheet and court cases. and the sheriff will talk about that case and the reason he believes behind the surge. with no down payment. and they're holding the line on purchase loans with rates in the twos. already own a home and need cash? with the newday100 loan, you can get up to $60,000 or more and lower your payments $615 a month. no bank, no lender, no one knows veterans like newdayusa. psoriatic arthritis, made my joints stiff,... ...swollen, painful. emerge tremfyant®. tremfya® is approved to help reduce 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the justice for the nypd officer shot in the bronx and what about justice for the baby girl fighting for her life in a city hospital after the 11-month-old was randomly shot in the face? >> sandra: see what district attorney alvin bragg has to say to his critics. we roll own into hour two here, "america reports." >> john: good to be with you another hour, i'm john roberts in washington. similar circumstances on the west coast, the top prosecutor is accused of putting criminals ahead of the people they victimize. the man just out of the blue decided to murder a young woman in the middle of an upscale store in l.a. the expected killer has a decade long criminal history that spans both coasts. >> sandra: and new at 2:00, l.a. county sheriff says another example of criminals thriving thanks to a district attorney who makes committing crimes easy. so to the l.a. county sheriff in a moment. villanueva on that. but john, you look at what is happening right now, and in l.a., stats show 94% jump in homicides in l.a. county. over just a two-year span. this is an incredible amount of crime that l.a. is dealing with. you've got major economic repercussions of that, people are choosing to not just flee l.a. but the state because of what is happening there, so john, a lot of answering to this spike in crime. >> john: and reflecting back on the segment with howard safer as well, it's clear if you engage in comprehensive policing strategies, that crime, even in a crime-ridden big city like new york, which back in the late 1980s and 1990s was a place where you had a lot of areas of the city you didn't want to go, and we saw overall crime go down nearly 50%, murders down nearly 70%, it is possible to do it if you approach it correctly. flip side of that coin, if you don't approach it correctly, the city goes to hell in a handbag. >> sandra: villanueva saying the two numbers he looked at, the homicide rate jumping and also grand theft auto, increased 59%, he said i say those are the two glaring numbers because obviously they are definitely going in the wrong direction. and a lot of it, he said, is because of the pandemic, he's been watching that aspect of it because he's heard that from the administration, but a lot of this hinges on the policies that have led, the soft on crime policies that have led to the spike in crime. >> john: pandemic of electing soft on crime very, very liberal district attorneys. we are going to get alex villanueva hooked up soon, fascinating to hear what he has to say about los angeles. news alert, ncaa out with a new policy for transgender athletes effective immediately. it follows the controversy over lia thomas who is transgender, and breaking records on the women's swim team. >> john: that comes on the heels of the ncaa announcing new guidelines, let each individual sport governing body decide if they want biological males competing in women's sports. we spoke with caitlyn jenner just yesterday before this announcement came out. caitlyn jenner is back to respond to the rule changes by the ncaa in moments. >> john: the latest from mike tobin live in chicago, and we made the point last hour i think it bears repeating, this is still very convoluted. >> right, and you can certainly make the argument the ncaa board of governors passed the buck as they synced up with the olympic rules regarding transgender eligibility. that means eligibility for competition in the ncaa will be governed by the individual sports and the national governing bodies of those individual sports. ncaa does dictate that for the rest of 22, testosterone levels need to be documented four weeks before the championships. the next school year, checked several times per season. chelsea mitchell is a female athlete and one of the first to go to court, and says the ncaa missed an opportunity to stand up for female athletes. >> in high school i raced against transgender athletes all four years of my high school career, i lost four state championships, two all new england awards, and other chances to compete and it's disappointing the ncaa did not take the opportunity to stand up and protect women and girls. >> olympic gold medallist caitlyn jenner supports transgender people, but as it relates to swimming, bigger hands, bigger cardiovascular systems than their competitors. >> all right. all of this is coming to light with the case of penn swimmer lia thomas. she put transgender women competing in college in the spotlight. competed for the first three years in college as a man. after transitioning she's been dominating the women's competition. she broke the records at penn, in the 200 meter freestyle, finished solid two seconds ahead of her opponents and threatened the ncaa record. 80% of the olympians have come through the college competition system. so make rules for college competition, you are pretty much impacting the u.s. olympic program. john. >> john: mike tobin, thank you for that. >> sandra: bring in former u.s. olympian caitlyn jenner who joined us yesterday as we were awaiting the decision, now we have it. thanks for joining us again. board of governors of the ncaa voted to pass the new policy. in doing so, kaitlyn, it said it preserved the decision, the decision preserved opportunity for transgender student athletes while balancing fairness, inclusion and safety for all who compete. your reaction to the decision. >> um, disappointed. basically the ncaa just kicked the can down the road and it's unfortunate. i am out there to protect women sports. i mean, we had this issue in connecticut with some high school athletes, transgender athletes cleaning the clock of all the girls, and the girls missed out on some opportunities. i don't know why the governing bodies of many of the different organizations are so intent on getting such a small number of people. i don't know of any other transgender swimmers that are out there. we are talking one person right now, and it is having such an effect on the entire sport. why they are bending over to the one person, you know, it's a woke world gone wild. doesn't have to be that way. >> john: there is another transgender swimmer who swims for yale, a woman transitioning to a man, the only athlete so far that has beaten lia thomas. now they are looking at testosterone levels and the levels have been used to find out if anybody is doping. now look at it to see if somebody has testosterone levels that are common with their gender. but i have read studies that testosterone suppression therapy, and even low levels of testosterone doesn't necessarily erase the natural advantage that males get during puberty, in terms of body size, muscle mass, cardiovascular system, and i wanted to ask you this question. as we get older, clearly, and i know a lot about this, we lose muscle mass, not as strong as we were in our heyday. do you, caitlyn jenner now after the transition, still believe that you are stronger than the average former female athlete? >> yes. my body structure, the length of my arms, the size of my feet, the size of my hands. and lia thomas's case, i'm -- i don't care about her testosterone levels now for the last year or two. the honestly, i care about her testosterone levels for the first 16, 17 years of her life. that's what we are fighting against here. i can still, i obviously have been through olympics, i have no more testosterone going through my body, i just live on estrogen, ok. and i can still hit the golf ball a long way. i got asked to play in the women's tournament at my club and honestly, i declined because i did not think it was fair. i mean, i can outdrive all the girls by 100 yards, i can reach every par five in two, it's just not fair. so i would never play with, you know, in a tournament with the women. i'll play every day for fun, you know, actually the women are more fun to play with. the conversation is much better. and, but as far as competing against them, honestly, i just -- i don't think it's fair. that's my own personal choice. >> sandra: you mentioned the athletes in connecticut. i just want to get this in here and get your reaction. you mentioned chelsea. she was one of the track athletes who said she could not find a level playing field and she felt like she really lost out durg her high school career. quick, she joined us last hour. >> well, sports is all about fairness and it isn't fair to put a biological male in the female category, and that's why we have the sex separated sports and of course, a place for everyone in sports, but the question is where is the most fair and it isn't fair to have these transgender athletes in the female category. >> sandra: a place for everyone, she says. what's the solution? what decision from the ncaa would make you happy? a lot of criticism of it and they are now being asked to reevaluate it. >> and they did not reevaluate it, they kicked the can down the road like i said earlier. you know, i feel for her. i think she is absolutely 100% right. look at how hard women have fought over the last 30, 40 years. i remember back in the 1980s and donna who worked so hard on title ix for equality and pay and getting women into sports. actually i am working right now to build a team in the w series, it's in conjunction with formula one and it's an all women series, and to me we promote women in racing and that's good, and women in sports and we want that. i feel sorry for her. she was deprived of an opportunity because of a transgender athlete, and it just doesn't have to be that way. there's only, i mean -- a small amount of transgender athletes that are out there. why do we want to ruin sports for just a couple of people? >> john: let me ask you this if we could. former olympic swimmer was on the air the other day and she pointed out that sports is inherently discriminatory, because she could not become an olympic weight lifter if she decided to because she doesn't have the stature and the talent for it. but should sports discriminate and not allow transgender athletes to compete? >> boy, that's a tough one to answer. i think we, right now, have to look at this issue a lot closer. i know the international olympic committee has been working on this subject for years. back when i was competing, all the women had to take a saliva test, ok. and to check their d.n.a. to make sure they were female. the soviet union, east german women, we remember. they had their coach, the athlete and a doctor working along with them and it was not fair. and the olympic committee has worked hard to get something. they had people born with both genders, what do we do now? i think we had especially at the lower levels, such a difference between men and women, at the lower levels we have to look at that a lot closer. nobody talks about really female to male athletes. we had one female to male athlete make it all the way on the world like triathlon team who had transitioned from female to male. we don't talk about that. it's mostly the advantage that a male to female athlete has. we have to look at this, we have to stop, sit back, look at this issue because number one, it has to be fair to women sports. i mean, that's the number one thing. we have to be fair, and it's not an easy answer, it's very complicated subject. >> sandra: not an easy answer. you said yesterday the woke world is not working for women's sports and chelsea mitchell's lawyer joined us and she said something similar, the woke mobs are trying to engage in cancel culture, her words. thanks for joining us. we hope to have you again on it. >> thank you. yeah, no, it's a difficult one. i don't know if there's any right answer, but we have to come up with the best answer. number one concern that we have to have is protecting women's sports. >> john: thank you again for joining us today, appreciate it. we'll get you back soon. >> all right. >> sandra: coming up, the l.a. county sheriff alex villanueva will join us. he says brianna kupfer's slaying, the ucla grad student killed in broad daylight is a result of soft on crime policies. he will join us after the break. y for what you need, and we gotta do it fast. 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>> well, the homicides in particular we have seen 94% increase in two years from 2019 pre-pandemic to 2021. that 94% is an enormous jump and a lot of factors contributing but one that is sticking out as time progresses is a woke district attorney, george gascon, who believes there should not be enhancements to any crime, particularly gun enhancements, gang enhancements, so guns are flourishing on the street, ghost guns are everywhere, and the criminal community thinks they will get away with crimes. >> sandra: he is defending his decision and philosophy. >> we are also working with the u.s. department of justice in order to revamp our entire victim services process. the reality is that punishment based approach to the work does not serve us well. eye for an eye is not the way the government should behave with. >> sandra: if he continues to continue his soft on crime policies in the wake of the spiking crime, how can you possibly expect to fix the problem, sheriff? >> you can't. everything he claims about supporting victims is after the fact. it's too little too late. as soon as he came into office it was all about activists, black lives matter, the woke policies of defunding law enforcement, and believing that letting more people out of prison holding them with lower sentences for violent crimes somehow is going to reduce, when the exact opposite is happening. the first year in office, 12,000 cases he refused to prosecute, we arrested, lights and sirens, emergency cases, all range of cases. 12,000 cases in one year only. that means 12,000 potential criminals or criminals back out on the street immediately who never were held accountable for their actions. emboldens the criminal community further and singing the praises of reforms not working. >> sandra: and also being ripped most recently and under fire for allowing a transgender woman who sexually sexual assaulted a 10-year-old girl as a minor with a no risk sentence. and a hiring freeze on the sheriff's department at a time where that was certainly not needed. how much has that hurt your ability to get these criminals off the street and protect the citizens there? >> oh, it's hurt us enormously. my detective division, we have the best detectives in the entire nation in the detective division and i have more than 25% of them, 218 detectives who are not available and that's vacancies, light duty, injured, relieved of duty, all those impairments means i don't have the homicide investigators, narcotics investigators, fraud, cyber crime investigators, special victims investigators, they are not there. so the people left behind, case load gets bigger and bigger, takes longer to solve the crimes and which means the bad guys are out on the street committing more crimes. so hiring freeze is deadly. >> sandra: quick final thought for you. this statement that was released by gascon's office. i can't imagine how it made you feel, i'll have you tell us here. police accountability is a top priority for the d.a., working to restore the faith in the criminal legal system by holding law enforcement officers who violate the law accountable for their crimes. he's putting more heat on the police than he is on the criminals? >> yes. he believes more cops in jail, more crooks on the street makes us safer. very narrow segment of society that ascribes to his belief. but in reality, it's the people walking the streets every day that are facing increased threat of being killed, robbed, raped, catalytic converter stolen, their vehicles stolen, that is a grim reality people face, that's everyday life. so the woke that thinks that's the burning priority for them, it is not. >> sandra: and hurts the middle class, the hardest working folks in the area the most, the rich go as we have heard story after story, hire private security to go out on the street. alex villanueva, l.a. county sheriff, appreciate you joining us and best to you, huge task ahead of you. >> sandra: thank you. stats back up on the screen, the story and these are the numbers that he is looking at and has to battle. l.a. county crime, two-year period. homicides up 94%, grand theft auto up 59%, those are blaring statistics. >> john: and again we talked about with howard safer, if you approach it the right way, you can see some dramatic declines in crime in big cities that were notorious for being riddled with crime. wow. the white house has been working all day to clean up president biden's remarks on russia, and now the president himself is trying to explain what it was that he really meant. fox news is live in ukraine with reaction and live with general jack keane on how all of this may be playing into vladimir putin's hands. >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ >> one thing if it's a minor incursion and we end up having to fight about what to do and not do, etc. >> aggression is the aggression. invasion is the invasion. >> sandra: extraordinary moment as president biden gets pushback from a fellow world leader and ally, left ukrainians deeply concerned and the white house doing clean-up in aisle six this morning, even the president doing damage control taking back minor incursion, insisting any russian military entering ukraine would constitute as an invasion, getting a strong u.s. response. general jack keane ahead with his thoughts on another critical foreign policy moment for this president. but first to greg, live on the ground in ukraine. >> a very strong reaction here to the words of president biden late yesterday, the tensions are not stopping to grow, they are continuing all around this region. new satellite images we have seen today show the russian troop build-up around ukraine those 125,000 soldiers and their gear near the country's borders. the latest report we have, sandra, is that some of those troops are about 50 miles from where we are in the capitol of the country. and president biden tried to talk about the minor incursion might not trigger a major reaction, here is what he said. >> i've been absolutely clear with president putin. he has no misunderstanding. if any assembled units go across the border, that is an invasion. >> ukrainian foreign minister saying invasion is an invasion, aggression is aggression. also heard from president zelensky in a tweet very strong in defiance of what president biden said last night. and a bit of what we heard from the people today. >> biden said he thinks there could be invasion. do you think there could be an invasion? >> you mean the russian invasion by force through ukraine, i think it's not probable. very low probability. >> do you think there will be an invasion? >> i hope not. hope not. >> right now i don't think we stand a chance if we do get invaded. so hopefully that does not happen. >> tension right now here in this city and frankly around the world on geneva, switzerland, sandra, tomorrow, where secretary blinken meets russian foreign minister lavrov trying to hold the troops back. holding our breath. >> john: bring in general jack keane on this, remind the tape and remind people what he said yesterday. >> russia will be held accountable if it invades and depends what it does. one thing if it's a minor incursion and end up having to fight about what to do and not do, etc.>> sandra: jen psaki rushed in for the clean-up on aisle six. >> movement of any military troops across the border, that is an invasion. if they go in, that is an invasion and there will be severe economic consequences. >> john: general, three questions about all of this. first of all, the initial statement the president made. what message did that send. second question, how does p utin interpret it. third, why was it the press secretary and not the president of the united states who came out andrew a red line with russia. >> well you know, certainly the countries in the region, ukraine in particular, they all have some concerns about america's steadfastness, you know, certainly after walking away from our 20-year ally in afghanistan and surrendering the country to the taliban, a lot to do with why putin is taking this action to begin with. so when you make a statement like that, even though you walk it back, the reality is it has created doubt, doubt in the minds of our allies, ukrainians and the people in the region, and certainly as you mentioned putin, it gives him some sense of where is really biden. is this kind of like obama with more rhetoric than anything else? i mean, i think that's clearly what's happening here, and then biden made this other strange statement, putin has to do something. well, the idea of our deterrents to prevent him from doing anything. and why do we give him that ground that putin has -- you know what strikes me is these are conversations that president biden had with his national policy and foreign policy experts and just the way he rolled those, that statement out, it was instinctive to him. so actions are things they have discussed among themselves. rolling it back is important, has to be done. >> john: as you point out, ukraine is freaked out about this, remind the great powers there are no minor incursions in small nations just like no casualties and little grief from the lost of loved ones. and wall street journal says russia wants to destabilize ukraine. your thoughts on that, general. >> yeah, my concern is the most likely action will be a limited action to seize eastern ukraine and avoid all out invasion and the biden team will pat themselves on the back for deterring the all out invasion and my concern is they will not take action that any occupation of ukraine territory truly warrants, and not unanimous among the european allies what the action should be as late as today. so, yes, there is -- there is doubt out there among our allies and putin has to be somewhat incentivized. >> john: french said nothing can be discussed or decided without the european's full involvement. so, clearly want to make sure they are in the decision making process. general, always great to get your take on things. thank you so much. >> great talking to you, john. >> sandra: reaction from the supreme court justices at the center of the drummed up story that was never true. a date later, why is npr doubling down? 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>> john, we know that with any major investigation like this one, when there is a conclusion or a closure in the case, the victim's family usually comes in and talks to agents about the evidence gathered in the case and information garnered by the agents. the fbi cannot tell us that is what is going on here today, but we can tell you that her mother and stepfather, and father and his wife, and friend were going into the field office earlier this morning. we know they have been working closely with the fbi from the start and while their attorney could not comment, one former fbi special agent who had helped walk victim's families through information gathered explained how agents share information. >> what we are going to do, sit down and tell them everything that we have learned now. we would not talk during the investigation, for chance of anything leaked out, even innocent, but at the end you want to fill in all the pieces. you want to answer their questions, you want to put them at ease. >> and many questions remain such as learning the contents of the notebook found near brian laundrie's body and if he told his parents anything about her death when he returned without her, and the notebook and other property, and the attorney who represents brian's parents said he and the petito family attorney have been working together to come to an agreement on the distribution of property to be released from law enforcement and how that will be handled when the time comes. now as far as charges go, i spoke to the u.s. attorney's office in wyoming today, they told me they do anticipate dropping the only charge against brian laundrie, that's for the debit card fraud of his debit card when they were on the road and directed us back to the fbi to learn more about when the case will be officially be closed. more when we get it. >> john: thank you. sandra. >> sandra: justices of the highest court refuting an alleged spat, it claimed that justice gorsuch would not mask up despite sotomayor's concerns. an official statement saying the report was false. tomi, great to see you. coming out, breaking down the chief justice put out a statement during this hour yesterday and taking it in together. and this is after outlet after outlet, headline after headline ran with the story without even checking with the justices themselves. here is an example of some of the headlines u.s.a. today, gorsuch would not wear a mask despite roberts, and request over sotomayor's covid concerns, cnbc. rolling stone, newsweek, cnn, everywhere. and not only that, multiple tv networks ran with the story. watch this. >> anti-mask insanity has now reached the highest court in the land. >> risking the life of your college, you neil gorsuch are a rotten co-worker, dangerous to be made and tonight's absolute worse. >> can you p ut a mask on to be polite? >> and conservative members of the court are willing to go along with this, why not him? >> wow, tomi. >> npr did not just make a bad assumption, they perpetuated a lie and so did several other news outlets. we have to ask ourselves why. members of the mainstream media, so-called journalists why are they seeking division. democrats have elections to win and pit themselves against conservatives, republicans, and democrats want to change not only the court but the country so they need to put out this kind of material, this kind of division. ask ourselves, why is the media invested in doing this, why does the media want to sow division unless they are doing the bidding for the democrat party which unfortunately appears to be the case. >> sandra: make sure i put up the official statement that then came from the court saying this was absolutely false despite everything you just heard there. gorsuch said it, sotomayor two nights ago put it together reporting that justice sotomayor asked justice gorsuch to wear a mask surprised us, it is false. we may sometimes disagree about the law, we are warm colleagues and friends. then chief justice roberts, again happened during this hour yesterday, put out his own statement. i did not request justice gorsuch or any other justice to wear a mask on the bench. and to your point about trying to sow division, this was a little bit of that npr original report that tried to obviously pit the justices against each other by writing this. gorsuch, from the beginning of his tenure has proved a prickly justice, not exactly beloved by his conservative soulmates on the court. astounding from the support he has received in the wake of the report. >> liberals in the media and appears to be they are liberals in the media, they want to pit these justices against each other but also will take any opportunity to make any conservative, especially a trump appointee, look bad. they have to do that, they have to make conservatives look bad. whether it's the truth or not. now, the journalists have not only a duty but oath and not lies or gossip, and why their allegiance to the agenda is more allegiant than to the profession and the american people where it should reside. >> sandra: there was one of the outlets then tried to walk back their original headline by simply saying that there is pushback from the court on the previous reporting. but not a whole lot of corrections were made or retractions were made that we have seen so far. tomi, thank you. john. >> john: sandra, we told you at the top of the hour about manhattan's prosecutor defending his soft on crime policies. at the same time, an nypd officer and baby girl are recovering from separate shootings last night. geraldo, as you can imagine, has a lot to say about this and he joins us coming up. 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(jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. >> this is our status quo. goes to rikers, serves time and comes back again and again. >> alvin brag defending his policies of putting fewer people in jail. a police officer shot in a scuffle with a teen. the officer was hurt. also, a 11-month-old baby girl in critical condition after being shot in the bronx. the da's critics is asking where the justice is for them. let's bring in geraldo rivera. the prosecutor said too young to die. 21 kids killed in new york street violence this year. you spent a lot of time in new york city. looks like we're back to the bad old days of the 80s and 90s. >> 50 years in new york, john. you know, i lived all through the 70s, the 80s, the 90s, all through the worst years until rudy guliani and then michael bloomberg came and cleaned the city up. 20 years of republican administration did a great -- a wonder for the city. i have never seen, john, in my long experience, in every city, i have never seen a soft on crime approach lead to reduced crime. the reason we beat the epidemic of violence last time around is with stern measures like stop and frisk and road blocks. there was aggressive policing. broken windows approach. every crime was prosecuted. alvin bragg's a reach. now it's a revolving door. at least they're in time for the time they're in prison. it's outrageous the children are being killed. it's not just new york. chicago, philadelphia, los angeles. in chicago, there were six kids under the age of 18 shot on tuesday. six on tuesday. it is absolutely appalling. when are we going to recognize that bad people do bad things? gangs are really to blame. gangs are taking over. the new parents in the inner city, john. >> john: we talked with howard safer in the first hour of "america reports." we noted the reduction in crime under his watch, william blanton and ray kelly, all of whom served mayor rudy guliani. you can get the crime down. you have to have a commitment to do it. >> you have to stop listening to the big mouths, the people -- the same people that tried to sell that phony voting rights bill. there was an earlier -- yes used the october of "new york post" headline. 21 kids shot and killed. the pictures of them. you can't see in this bad copy. every one of these children are black or latino. that is the civil rights issue of our time. it's the crime in the ghetto, in the inner city with this absolutely hands-off approach, which has been dreadful. the blood is flowing. at what point do you say? enough is enough. that's it. we have to take care of these children. we need programs, we need guns off the streets. there's proactive policing, john. >> john: right. we have 20 seconds left. do you believe that eric adams is the guy to do it? >> i do. i have great faith in him. he's a cop, a former cop. he's trying. the 11-month-old being shot really moved him as did the asian woman being pushed on to the tracks. i think that he's the man of the moment and i think we need to give him a little time. i think that he might be the guy, john. >> john: he seemed to get religion yesterday after that 11-month-old was shot. thanks, geraldo. >> thank you. >> john: sandra, great to spend time with you. >> sandra: i'm in for neil at 4:00. i sandra smith. >> john: i'm john roberts. "the story" with martha maccallum starts right now. >> martha: i'm mackinac in new york. year two of the biden presidency begins today. the president enjoyed his two hours with the press yesterday. some of the response from some unexpected corners was pretty tough. >> if you're meandering on key questions and you're also not winning, then you have a real problem. >> putin and xi and our nato allies are not debating that right now. they see joe biden as weak.