not help. >> i'm not sure that his staff is exactly excited about the news that he made. >> no. a lot of clean up. >> martha: a lot to clean up. we have new poll numbers that are just out today. approval is down 16 points for this president, 59% in july, a healthy number now at 43%. look at this one. 28% of the country answers yes to the question, would you like to see president biden run again in 2024? 48% of his own party under water about whether or not they want to see him at the top of the ticket despite his assurance that that is where he expects to be with kamala harris by his side. i have a great panel joining me now. arbery -- ari flisch and marc thiessen. great to have you here. so foggy, meandering, weak and needs cleanup. that was from cnn and msnbc, ari. what was your take-away? >> yeah, the only commentary that i'm interested in is vladimir putin's. after joe biden issued the invitation for vladimir putin to have an incursion in to ukraine cost-free, what signal has he sent around the world? this is a terrible moment on the par with what he did with his misjudgments in afghanistan. it was a news conference that shouldn't have been held. when you're unpopular, you don't show your unpopularity. he made so many mistakes. that's just one from yesterday. >> martha: marc? >> yeah, ari ran the white house press shop. i ran the speaker shop. when a president is saying things that are contrary to what the american people are seeing and experiencing, they tune him out, right? so joe biden starts the press conference by saying yeah, it's been a challenging year but we've had extraordinary accomplishments and talks about we have to give everybody a pay raise. everybody is watching him and saying, yeah, i got a pay raise but inflation wiped it out. we have 40-year record inflation. all the things you're doing about covid. i can't get a test because -- you passed $1.9 trillion in covid relief but there's no tests. if i get sick, there's no therapeutics. what did you do with the money? he kept saying things that were -- sounded good when you are in the white house and looking for the silver lining and the dark cloud and find something positive to say. it's contradicted by the lived experience of the american people. when you continue to do that and that's not even counting as ari pointed out, the foreign policy gaffe, the things that could start a war. it's just an absolute disaster on every level. >> martha: you said in a piece that you wrote, marc, when there's a disconnect with what people are experiencing and what the president is saying, people tune out and stop listening to the white house. mark penn, you called for a pivot from the president yesterday. what is your take on what you saw in the east room? >> there might have been a divot, but there was no pivot. there's -- he did not change course in any way. staff and policies. he doubled down on everything. from that point of view, that was the biggest take-away i could have on that particular thing. that he's going to just push these policies forward until the mid-terms occur. so i think that was number 1. number 2, if there's an invasion in the ukraine, he and the united states are going to pay a heavy price. he did not push back on putin. >> martha: i thought that will -- maybe president biden is calling to talk to you about how it went yesterday. maybe the divot comment, not happy about that. so ari, you know, this issue of ukraine and we're going to have coverage tomorrow, antony blinken, secretary of state is meeting with the russian foreign minister, this is a very, very important moment. this is where president biden raised a lot of eyebrows. my went up when i heard this phrase. watch this. >> russia will be held accountable if it innovates. it depends on what it does. it's one thing if it's a minor incursion and we end up having to fight about what to do and not do, et cetera. >> martha: so a minor incursion. we have the cyber issue that is already going on. we'll talk about this a little more in depth with jennifer griffin coming up in terms of what this means. but what i'm hearing today in the cleanup effort, ari, is, you know, if it's an assembled ukrainian military invasion. so it needs to check a number of boxes in order to say oh, yeah, that's an invasion. i know it when i see it. there's one right now. >> can you imagine, martha, ronald reagan who said the bombing begins in five minutes. what would ronald reagan have said? he would have spoken with clarity, an invasion is an invasion and the world needs to join and stop russia from invading. if there's an invasion, we're going to arm the new nations to nato and do everything we can to defend ukraine by providing them with the weapons that they need. this is what leaders would say if they mean it. now, i think -- if joe biden wants to make the case that ukraine is not a nato nation and if russia invades, i would like it but we're not going to do anything about it, he could have drawn that line. he can't have it both ways. he can't say we're going to deter russia but by the way a minor incursion is okay with me. you can't clean it up. vladimir putin has heard it. he's taken his measure with joe biden and it's been weak all along and what more proof did you need that that message is weak. >> martha: he also said ukraine is not going to be a member of nato and gave that concession to russia. he said we could consider moving some missiles away from the border, another concession. so we'll see what antony blinken has left in his quiver when he goes in the meeting tomorrow. thanks, gentlemen. always good to have your insight. thanks nor being here. see you soon. so president biden's numbers most worrisome for him with independent voters what are they thinking as they process what they're saying from the white house. we're going to take the pulse of several of those voters and get their reaction to the news conference later this hour. looking to get back in your type 2 diabetes zone? once-weekly ozempic® can help. ♪ oh, oh, oh, ozempic®! ♪ ♪ oh, oh, oh ♪ ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ and there you have it. only pay for what you need. woah. wireless on the most reliable network nationwide. wow. big deal. we get unlimited for just 30 bucks. sweet, but mine has 5g included. relax people. my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one-upping itself. take the savings challenge at xfinitymobile.com/mysavings or visit an xfinity store to learn how our switch squad makes it easy to switch and save hundreds. >> martha: president biden's approval with independent voters took a nose dive dropping 30 points down to 33% in a gallup survey out this week. we decided to check in with some of those voters as we head into 2022, which is of course the mid-term election year. amica burrell is from detroit. gary shang is from new york city and britt corbett is from virginia. all independent voters. thanks for being here. i want to start with a quick sound bite from yesterday's news conference. we'll start with your reaction. watch this. >> did you overpromise to the american public what you could achieve in your first year in office? >> why are you such an optimist? i didn't overpromise. what i have probably outperformed what i thought anybody would happen. i didn't overpromise. i think if you take a look what we've been able to do, you have to acknowledge that we made enormous progress. >> martha: all right. brooke, let me start with you. what is your reaction to that? >> hi. i mean, one item that comes to mind right away, that wasn't an overpromise. he campaigned on stopping the pandemic and stopping covid in its tracks. as recently as early january, he had to switch gears on because those -- the repeated strategies that were being implemented, i think they realized need to be relegated to the state level. >> martha: amica, when you look at those numbers, the big drop, 30% drop with independent voters, what do you a tribute that to? why do you think that is? why is he losing so many in the voter group that you're part of do you think? >> i think mostly because in regards to overpromising, i think that some of the things that he mentioned he would do on the campaign trail he did not do. so you have a lot of independents that are waiting for that to come to fruition, specifically the education situation dealing with student loans. he said he would cancel $10,000 of student loan debt. it's something that a lot of americans are concerned about. i know yesterday with the news conference, it was actually -- the question was asked -- it was asked in the news conference about it. he did not answer the question at all. so i think that's a huge concern. >> martha: gary, what do you think? do you feel more or -- obviously when you do a big news conference like this, you're trying to move the needle a little bit. when you watch him, are you more or less confident about him as president? >> martha, it's good to be here. i think the answer is pretty clear. overpromising is the name of the game for this administration. that's why there's been a steep drop in confidence by independent voters. even though biden ran as an anti dote to the trump administration, the american people have further lost faith in our governmental institutions. democratic institutions based on actions from the biden administration. when you appoint people like anthony fauci who has been caught in lies again and again and the cdc that has issued guidance, retracted it, retracted the retraction and have people at msmbc talking about how this has been a disaster. so overall, i had pretty high hopes actually for the biden administration. they have failed to be good stewarts of our fragile democracy. >> martha: let's do one more sound bite about the polls. this is a quick one. >> martha: amica, when you look at numbers, do you think the president should take the poll numbers seriously? do you not believe the polls? >> no, i believe the polls. i think the polls are important. that's how you find out what's going on here in america. the polls are actually showing that independents are registered, 50% of people in this country are registered as independents. why is that? because our political landscape is changing. people realize our system is broken. we need to do something to make sure that we're working towards making our democracy back a democracy. >> martha: so i'm going to ask each of you to answer this question. what words would you use, a couple of words, to describe president biden at this point? what words come to your mind when i say what do you think of president biden? start with you, brooke. >> well, in relation to the previous question, the first words that come up are dismissive and danger. don't discount and do not dismiss your constituents. i live in a state where we had a very contested governor's race. i see the results with -- i live in a very blue state that went red with a governor, governor youngkin. for many of the same reasons that i saw yesterday. the current administration is not listening, they're not hearing,er that not transparent with their messages. the flip-flopping of the messages is not helping matters and to top it off, when you dismiss your constituents, it's a recipe for potential failure. >> martha: just a couple of words if you can, because i want to squeeze in one more question. gary, what words come to mind when i say president joe biden? >> i'll be quick. uninspiring and disappointing. >> amikka? >> i'd say diligent and concerning actually. >> martha: let me go back starting with amikka. do you want president joe biden to run for president again in 2024, amikka? >> to be quite honest, you know, we all know we cannot dispute that we're in crisis right now here in this country. i think the question is basically more so not necessarily if he will run in 2024. i don't know if i'd vote for him. but we need to fix our political system. it's broken. the american people know that. something needs to change. so i think that's why the independent voice is so important. we're not in the middle, we're not leaners. we're in front and making decisions. >> martha: gary, do you want the president to run again in 2024? >> so i'm not one of his political advisers but i'll say two things. number 1, he would restore a lot of confidence in the independent vote if he focused on nonpartisan electoral and government reform. the government is a mess. it doesn't inspire confidence in the american people. open primaries would do a lot. i've been working on that for many years. the second thing is i -- one of the things i do commend about the biden administration is the appointment of leena khan to the fec chair. the work on antitrust has been a stand-out job of work that they can do and jonathan cantor to the doj. those two are a dangerous combo. also, antitrust is a unifying issue for the american people. >> martha: thank you so much. i hope you all come back. i'd love to track some of what you're thinking as we move throughout this process towards the mid-terms and next time we come back, we'll start with you. thanks very much to all three of you for your thoughtful comments today. we appreciate it. great to have you here. so the white house as we said doing -- this is always the case after a news conference or state of the union, they put everybody out there to renavigate some of the comments that were made because some of those comments hit some turbulence, including this effort -- cleanup, i should say, including this president by the vice president this americaning when she was asked about the legitimacy of the coming mid-terms. >> if the bills -- >> if i may finish. >> the specific question, if you don't mind. now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. >> vo: my car is my after-work decompression zone. at northwestern mutual, our ver♪ music ♪inancial >> 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. ♪ psoriasis really messes with you. try. hope. fail. no one should suffer like that. i started cosentyx®. five 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 infection, some serious and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms or if you had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reaction may occur. best move i've ever made. ask your dermatologist about cosentyx®. riders, the lone wolves of the great highway. all they need is a bike ask and a full tank of gas. their only friend? the open road. i have friends. [ chuckles ] well, he may have friends, but he rides alone. that's jeremy, right there! we're literally riding together. he gets touchy when you talk about his lack of friends. can you help me out here? no matter why you ride, progressive has you covered with protection starting at $79 a year. well, we're new friends. to be fair. eh, still. >> martha: so i think the two biggest areas that we're seeing efforts to kind of recraft the president's remarks yesterday, one is the legitimacy of the election process and the invasion of ukraine. >> i think what you're going to see, russia will be held accountable if it innovates. it depends what it does. it's one thing if it's a minor incursion. if there's something that is -- where there's russian forces crossing the border, killing ukrainian fighters, et cetera. that changes everything. >> martha: a lot of backlash in ukraine about a minor incursion and the suggestion that that might be acceptable. the president clarified today -- watch and see what you think. >> i have been absolutely clear with president putin. he has no misunderstanding. if any assembled russian units move across the border, that is an invasion. >> assembled russian units is the way he phrased it. jennifer griffin has more in reaction to the comments at the pentagon. hi, jennifer. >> first of all, the first team of british army rangers just arrived in kiev today with a shipment of light anti-tank weapons to train ukrainian troops. biden's remarks sent diplomats scrambling last night. that's why jen psaki and biden himself clarified what he said. there's a flurry of activity in the halls of the pentagon with high level meetings ongoing about how to deter moscow. these satellite images show more than 100,000 russian troops still amassed on the eastern border of ukraine poised to move in at a moment's notice. what has the pentagon's attention is the air power putin has amassed. six winged aircraft and attack helicopters, all of russia's air force on alert and in position to strike. reports from moscow that russian lawmakers are pushing putin to recognize two ukrainian break-away regions that would necessitate russian military involvement. the pentagon has not spoken on the record about the tense standoff since tuesday. >> there's no sign, no indication that the russians are willing to deescalate. he clearly is building up a force posture there that provides him multiple only shuns. it's difficult to know right now what options he's going to choose. we still don't believe that he's made a final decision. >> martha: all eyes remain on the large-scale number of russian tanks and troops that entered belarus this weekend allegedly for military exercise. the largest the pentagon has seen in years. state department officials have warned putin could use them to invade kiev from the north. >> it's important to remember who the aggressor is here. the aggressor is russia and putin. they are building up military troops. they are pushing out misinformation in ukraine. that's who we need to keep our focus on. >> that was jen psaki moments ago. military experts believe one likely scenario is that putin plans to build a land bridge between russia and cree -- crimea that would get a response from the u.s. martha? >> martha: the white house did speak today to clear up this comment by president biden about whether or not this year's mid-term elections will be legitimate. if democrats can't pass their election overhaul bills which he says is mandatory. >> if this is passed, you believe the election will be conducted and results will be legitimate? >> it all depends on whether or not we're able to make the case to the american people that some of this is being set up to try to alter the outcome of the election. >> martha: he left a big question mark there. it all depends on whether or not the voting rights issues pass or not. so then you have the white house press secretary, jen psaki, saying this moments ago. >> yes, but what he is -- but the point he was making is that as recently as 2020, as we know, the former president was trying to work with local officials to overturn the vote count and not have ballots counted. we have to be very eyes wide open about that. >> martha: let's bring in the georgia secretary of state, brad raffensberger. very good to have you here with us. thanks for being here. curious what you thought. what did you think when you heard the president say that, you know, it all depends. it depends on whether or not it will be legitimate in 2022. >> well, president biden said what i've been saying out loud for several years now. the democrat party is the party of stolen election claims. when he made that point that the only legitimate election is if he can pass hr 1 and hr 4 so they can have rampant and legal power wide and do away with photo i.d., that's the only legitimate election, that will lead to voter fraud. >> martha: he's in between a rock and a hard place. on the one hand, he wants to say yes, the united states electoral system is legitimate and whatever the people decide when they go to the voting booth in november will be legitimate and we'll recognize the outcome. the same time, he's calling people -- equating them -- he said they go down in history like bull connor if they don't vote for the charges, which would nationalize our election system. he's in a rock and a hard place with this question, isn't he? >> well, being here last week in georgia and what he said yesterday, he surrendered all credibility about election integrity. i'll stand for fair and honest elections here in georgia with the appropriate boundaries of access ability within security. democrats want to ban photo i.d. and allow ballot harvesting. photo i.d., for all forms of voting, gives voter confidence and supported by 80% of all americans. >> martha: a lot of people would like to see him push for the same things he's pushing for in georgia as his home state of delaware. news that came out today, the fulton county d.a., fanny willis, is calling for a special grand jury in the georgia trump 2020 election investigation. what do you think about that development and will you cooperate if asked to testify? >> we already have cooperated. any information that they requested we've sent it to them. if we're compelled to come before a grand jury, we'll do it. >> martha: is this a good development? you said on the weekend that there's a process to these things. if the process was moving forward, you would cooperate with it. >> well, obviously she's been slow-walking. she's been at the office for a year now. over a year. now she's finally getting to this point. she's trying to score cheap political points with her democrat friends. >> martha: we'll follow it. thanks very much, secretary state. good to have you here. >> thank you. >> martha: still ahead, we'll speak with republican congressman michael waltz who is now going after the international olympic committee in an effort to hold china accountable and ask what are they doing about this as it comes to the olympics in terms of human rights atrocities. and a sister of one of 13 u.s. service members killed in the chaotic exit from afghanistan shares why she's suing alec baldwin for millions of dollars. (judith) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? don't you just ride the wave? (judith) no - we actively manage client portfolios based on our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different. >> martha: we're three weeks out from the winter olympics in beijing. a chinese official warning athletes against free expression that would be critical of the communist regime. any behavior or speeches that is against chinese laws and regulations are subject to certain punishment. wonder what that would be. so in a myment, republican mike waltz and jennifer wexton on their efforts to hold the international olympic committee to hold china accountable for human rights atrocities. first, rich edson. >> there's warnings from across the u.s. government to american athletes travels to beijing for next month's winter games, a bipartisan group from the house intelligence committee wrote the u.s. olympic and paraolympic government offering to give athletes free access to social media sites in olympic village. they say -- >> this week citizen lab, a cyber security watch dog, claims an app for olympic attendees had devastating security flaws and includes features that allow users to report politically sensitive content. the international olympic committee says the my 22 app is designed to reduce covid-19 spread and that users can disable tracking. all of this follows the ioc's decision to host the olympics in a country the u.s.a. cueses of genocide for their campaign against uighurs and the odd case of peng suai. she emerged to deny the claims, so it's said that she did so under did your rest. jennifer wexton and mike waltz have lobbied to strip the ioc of their status. >> martha: thanks for being here. you're arguing -- let me start with you, congress woman wexton. the ioc should be saying look, china, this is an olympic event. do not -- if you reprimand any of these people or harm them or decide to remove them, we will hold you responsible, correct? >> absolutely they should. but the we have -- we're very skeptical that they do that given how they have assisted the communist party with down playing peng's disappearance. >> martha: congressman waltz, what is the ioc response to this? have you received one? >> not yet. i expect continued radio silence from the ioc. as you know, martha, a number of us, republican and democrat, have been asking the ioc for years now to move the games, to not host them in beijing with the ongoing genocide, rape, torture, sterilization and abortions of uighur women on top of hong kong and the threats too taiwan. i called for a full boycott and the administration's diplomatic boycott does not go out far enough. at home, the democrats preach social justice but at the end of the day, we don't think american taxpayers should be subsidizing the ioc as a 401 c 4, which means it's a social welfare organization, to turn it's back on these types of atrocities and put our athletes in a position of threatening their safety and also having to choose between competing or turning a back on their values. >> and it's clear that they have moved away from their original mission of sport and, you know, companionship and human rights. time after time, they have been citing with the chinese communist party over human rights. it's about time that we call them on it. they're no longer deserving of taxpayer subsidized actions. >> martha: it says we protect the freedom and ability to communicate in any way they want while the athletes are gathered in china. they should have a right to free speech. what happens if one of them retweets something about the uighurs? i want to put up this opinion piece by dan henninger. this says progressives to uighurs, drop dead. that is the voice of isolationism. precisely, it's the voice of progressive left wing isolationism. the idea of global human rights that jimmy carter elevated can being off loaded from party concerns. congress woman, maybe i should give you the first opportunity to respond to that. what do you think about that? >> that is not my brand of democratic politics and nor is it that of my colleagues. we have on broad bipartisan basis passed a number of pieces of legislation to fight back against is atrocities there and beyond. most recently, the uighur forced labor prevention act that was signed in to law by president biden. i disagree with the premise of that article. >> martha: thanks for being here. before i let you go, congressman waltz, this report that just came out, congress has been told that russia is likely to innovate. what can you tell us about what you've been told? >> that the invasion is likely. putin continues to put the pieces in place. it's not just the numbers of troops but the types of troops to both invade and occupy ukraine. it's the naval assets, the air assets. while this diplomacy is going on, which has been a fiction from the get-go for his own domestic propaganda purposes. totally unrealistic demands. putin intends to invade. he's doing it because he knows he can get away with it and he got away with it in 2014. he did it after the 2014 sochi olympics and invaded georgia in the 2008 chinese olympics. >> martha: this post olympic period is one to watch. thanks, congressmen waltz and wexler. >> thank you. >> martha: that is lance corporal riley mccollum. he was killed in the exit from afghanistan. now his sister joins us with her reaction with what she heard from the president on that event and also about the fact that she's suing actor alec baldwin claimed that he defamed her reputation by calling her an insurrectionist. her story and reaction next. and doug. we gotta tell people that liberty mutual customizes car insurance so you only pay for what you need, and we gotta do it fast. [limu emu squawks] woo! thirty-four miles per hour! new personal record, limu! [limu emu squawks] he'll be back. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ before treating your chronic migraine, 15 or more headache days a month each lasting 4 hours or more, you're not the only one with questions about botox®. botox® prevents headaches in adults with chronic migraine before they even start, with about 10 minutes of treatment once every 3 months. so, ask your doctor if botox® is right for you, and if a sample is available. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said they wish they'd talked to their doctor and started botox® sooner. plus, right now, you may pay zero dollars for botox®. ask your doctor about botox® today. it's your home. you may pay zero dollars for botox®. and there's no place like wayfair to make the morning chaos, organized chaos. however you make it, make your home a place like no other. i'll pick this one up. i earn 3% cash back on dining including takeout with chase freedom unlimited. so, it's not a problem at all. you guys aren't gonna give me the fake bill fight? c'mon, kev. you're earning 3% cash back. humor me. where is my wallet? i am paying. where is my wallet? i thought i gave it to you. oooohhh? oh, that's not it either. no. no. stop, i insist. that was good though. earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. >> the family of one of the 13 service members killed in the terror attack in afghanistan is now suing alec baldwin. the actor sent money to riley mccollum's family to help his widow with her new baby. and then riley posted this picture. according to the family, baldwin posted a comment about "the irony of sincerely wanting to honor your brother and the fact that you're an insurrectionist." the family is suing him for $25 million for defamation. we reached out to baldwin's attorney. royce mccollum joins me now with her attorney. good to have you with us. welcome back to the program, royce. this is odd in many ways. so let me put up the direct message that you shared with us, that you shared with alec baldwin. so you posted this picture of yourself at the protest. he says when i sent you this money for your late brother, it was out of respect for his service to our country. i didn't know you were a january 6th rioter. you said it's legal to protest. he said i don't think so. your brother fought for this country. your activities destroyed government property and he goes on. what was your reaction to this? what did you do january 6? what are you there doing? >> i was there to attend trump's rally. be part of the protest there. i knew it would be a historical event. just a couple days before, there was a facebook page that reached almost two million in a week. so i knew it was going to be historical and something giant and awesome. excuse me. >> martha: dennis, let me let you hop in. is it illegal to attend a protest? >> of course it's not. the irony of the thing is, she was there to exercise her right to free speech and free assembly. i would add and royce will tell you that she was subsequently interviewed by the fbi. she was never detained, never charged, never convicted of any crime. what she did was peaceful. the assumptions he made and sent out to his 2.4 million followers caused a firestorm. >> martha: he wasn't willing to let this lie, roice. he put that picture to you of his 2.4 million followers and now you're seeing him for 25 million, correct? >> correct. yes. he shared the picture. it was not a picture of me. it was a picture of the crowd. yes, he reposted my photo on his page calling me an insurrectionist to his 2.5 million followers. >> martha: dennis, how do you get 25 million and how strong is your case? >> i think the case is very strong. we've sued in addition to defamation, different types of defamation by implication and defamation per se. she's been accused of a federal crime. her say, cheyenne and her sister-in-law, maccullum's widow are also part of the suit. they were not in washington d.c. january 6, yet baldwin's text and messages implicate them as rioters and insurrectionists. the number we get to is the number that will make mr. baldwin pay attention. he's not learned this lesson for a decade that he's been engaging in this behavior. a large portion of the number is punitive. it's to punish the wrong doer and baldwin has a lot of money. a punitive number has to get his attention. >> martha: i want to ask another question while i have you, roice. what happened to your brother at the abbey gates came up yesterday. here's how the president handled it. >> i make no apologies for what i did. i have a great concern for the women and men that were blown up on the line at the airport by a terrorist attack. do i feel badly? what is happening to -- as a consequence of the taliban? yes, i do. but i feel badly also about the fistulas that are taking place in the eastern congo. i feel badly about a ring of things around the world. >> martha: roice, what goes through your mind and heart when you hear that answer? >> very much down playing the situation that he had a lot of control over. getting out of afghanistan wasn't a bad thing. leaving the weapons to the taliban was. he's side stepped his role. >> martha: when he says he has great concern for those blown up at the abbey gate, what are your thoughts? >> i don't think that that would be true based on our meeting with him when we were in dover. he didn't announced the name of anyone killed. he couldn't acknowledge the families. i don't think that was sincere. >> martha: thanks, roice, for you and your attorney being here. we'll follow the story and see where that goes. good to see you again, roice. >> thank you. >> martha: you bet. we'll have an update on the baby girl that was struck in the face by a stray bullet just shy of her first birthday in new york next. >> are you ready to start a great career? >> safelite is now hiring. >> you will love your job. >> there's room to grow... >> ...and lots of opportunities. >> so, what are you waiting for? >> apply now... >> ...and make a difference. >> singers: ♪ safelite repair, safelite replace. ♪ >> man, i love that song! ♪ ♪ the label pro-choice strips all meaning from the word choice. it leaves us pitting the stronger versus the weaker. choosing abortion harms both mother and child and leads to suffering, subjugation, and death. at students for life, we're an army, an entire generation, that's more than 1300 campuses strong. will you join us in this fight? go to studentsforlife.org/fight to get your free copy of our battle plan to abolish abortion. you can make a difference today. some of my best memories growing up were cooking with mom. so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com >> you can see the blood-stained coat that was taken off of a baby girl in new york. she's in critical but stable condition after being shot in the face days before her first birthday. a man chasing someone else opened fire in the my of new york city and hit this poor child. no arrests have been made. the little girl turns one tomorrow. we'll stay on top of this investigation. want to tell you about a new untold podcast. are wind mills planned up and down the atlantic ocean a good idea? do they produce energy or destroy lively hoods of many fishermen? this story is an eye opener and it's on foxnewspodcast.com. that's it for today. see you tomorrow. >> we're for food on the shelves. we're for american independence and energy, lowering the gas price so it doesn't harm us. we're for stopping run-away spending so we don't create inflation like they have. >> what the president calls chunks would be a major bill going forward. may be more limited. but it is still significant. >> sandra: looks like nancy isn't to fancy on cutting back the cash for the president's build back better plan.