with minimal security. dhs contractor told him it was all by design. >> i guess the secrecy -- [inaudible]. you know what i mean? >> why? why? >> you know why. >> why? >> come on. >> what's the big secret? everybody knows it's happening. >> the government -- >> bill: that footage was obtained by former westchester county executive and acquired it through the freedom of information act. he is a candidate for governor in new york. here is what he told tucker carlson last night. >> we kept pressing them and they kept telling us nonsense. and this is all they do, right? where is the governor? she is complicit. she is turning a blind eye to all of this. she is more occupied about masking kids in schools and codling criminals than she is about this. i can't go into restaurants without showing a vaccination card or masking indoors. and she is refusing to do anything about this. >> dana: breaking this morning. ice agent weighing in on the massive migrant drops at the southern border and details are stunning. >> bill: jason chaffetz has reaction in a moment. we begin on the border in la joya, texas, where bill melugin begins our coverage today. >> good morning. this body cam video likely to raise eyebrows and a lot of questions and the secrecy that the government has been moving illegal immigrants around the country in the dark. as you mentioned this was in august. westchester county, new york. government chattered flight lands at the airport. local police officer shows up and starts asking questions. take a listen. >> you trying to figure out what this is? >> yes. >> good luck with that. >> this is a secure facility and we don't know anything and we're in charge of security. that's where we're having a problem here. >> we're hanging out on the tarmac just like that. >> i don't know anybody -- >> i have basketball teams that have more security. >> i'm just saying. very easily, you know, if you people could just go that way. >> it's totally coming together but we don't know really what's happening and how they're getting here and whatever else. >> you don't want to be somewhere -- [inaudible] >> i get it. like i said --. >> we've been witnessing our own mass releases of illegal immigrants this week. video we shot yesterday in brownsville where we saw well over 50 single adult male illegal immigrants dropped off by ice near a parking garage in the city and released to the public. you watch as an ngo leads men across the street to a bus terminal. many of those men had ankle monitors on. several hiding their faces from our cameras. ice agent came forward to me who has been involved in mass releases and told me this has been discretely going on since last spring. he told me that ice has been releasing migrants with misdemeanor criminal records, drug possession, dui and illegal reentry. i reached out to ice and they did not rely it. all releases are done on a case-by-case basis and they consider all factors when doing so. i also asked that ice agent are u.s. taxpayers footing the bill for migrant cafl? he told me they work with ngos and they ask the families to buy them a bus or plane ticket to a city of their choosing. if that doesn't happen the ngo will buy the ticket themselves and bill the federal government for reimbursement. that agent went on to tell me he feels the biden administration has turned ice ero into an unofficial travel coordination agency and morale has never been lower. >> bill: thank you, bill melugin >> dana: let's bring in jason chaffetz. the white house briefing room october 19th exchange between peter doocy and jen psaki. watch. >> why is the administration flying thousands of migrants from the border to florida and new york in the middle of the night? very early in the morning. >> we're talking about earlier than you might like to take a flight. it is our legal responsibility to safely care for unaccompanied children until they swiftly unified with a parent or vetted sponsor. >> dana: we have the video and it is from a request that was asked for that took place last august. if it's true this has been happening across the country in the middle of the night when people see this video it will perhaps focus the mind? >> well, it's one of the big lies the administration continues to say. they used to say it was about women and children. if you look at the video, if you look at the reporting by bill melugin, these are young single adult males and they are -- this is not the women and children trying to flee some central american country cause she fears for her life. these are people that have criminal records. there are americans that go to the airport and take off their shoes and show a valid real i.d. from their state in order to get on an airplane. if you are here illegally the united states government treats you far better, far different than to do this in the dead of night i think it speaks volumes. why not be open and transparent and why not show congress and the public what they're doing? they're doing it in the middle of the night on purpose. >> bill: you know why they won't show members of congress. you know why they won't show the american people. it is pretty obvious. on that audio, jason, you hear one of the pilots say we don't know where we're going when we're flying. that was in new york. delaware, new jersey, maryland, where does it stop? >> we don't know. for two years i sat on the immigration subcommittee in the house judiciary committee when democrats were in charge. they didn't put forward any meaningful legislation. they came to the conclusion let's just open up the borders and do catch and release and let's allow the 2 million people that have come across our border in a short amount of time and they get released out into the hinterlands and into the middle of the united states of america. and to do it in the dead of night. not allow even members of congress on an oversight committee to go see what's happening? i can't believe this continues. i hope they probe it and find the origins of it. the reality is biden and harris are far more concerned about making sure they're good with the new president of honduras than going down to the rio grande valley and seeing what's happening. >> dana: the vice president will head down there today. secretary mayorkas had a meeting with border agents in the yuma sector yesterday and didn't go well. there is a recording from that. >> the policies of this administration are not particularly popular with the u.s. customs and border protection. but that's the reality and let's see what we can do within that framework. >> dana: apparently there was a back and forth. he went there but one of the agents turned his back on him during the meeting and said he was visibly upset when he left. even if he doesn't have these policies, i don't know that, he has to see them through and he was seeing it firsthand customs and border patrol aren't happy. >> they're not enforcing the law. they aren't allowing the tens of thousands of agents we have hired as the american people to actually do their job. they're over there doing paperwork instead of protecting the border. the point that the agent who turned his back on the secretary was, the secretary turned his back on the agents. why don't they go meet with the border patrol council and the vice president and secretary meet with the border patrol unions? they're scared to do so. they would never do so in public because they aren't enforcing the law. >> bill: thank you, jason chaffetz reacting to this right now. this was body cam video that was provided to this former county executive in westchester, new york. we all know it's happening. it's been going on for quite some time and it will continue. it is rare when you can prove it. now he has. >> dana: seeing it in the video does make you think my gosh, it is happening over and over. >> bill: once these stories start to break this -- it was the cop or somebody working security at the airport. once others start seeing this we'll find our way to more evidence of pictures and video very soon. prediction on that. >> dana: rob will join us in the next hour, a new york governor candidate who uncovered this footage. >> bill: i've seen more security at basketball teams. can't make it up. hundreds of new york's finest turning out yesterday. the fallen nypd officer wilbert mora shot down friday night. frustration growing with progressive d.a. bragg. some officers turned their back on bragg. ceremonies for the slain officers continue today. the wake for nypd officer rivera take place later this afternoon inside st. patrick's cathedral. thousands will pay their respects at that service. >> i couldn't believe my eyes. he saved my life so many times and i could not save his. i hope one day we'll see each other. >> dana: emotion on the faces there as they gathered. heart wrenching and he will be -- everyone will pay their respects tomorrow morning to him and this afternoon. >> bill: quite a sight to see the men and women in fifth avenue outside saint patrick's cathedral. a fitting tribute to a life cut too short. >> dana: speaking of violent crime sweeping across america houston earning the distinction leading the nation in homicides. the killing of an officer by a suspect out on bail after committing a felony is a key example of the chaos gripping the city. casey stiegel following that story in dallas. >> good morning. the accused gunman of that crime says that he is from guatemala. the sheriff believes that 51-year-old rosales may be from el salvador. local reports say he had been in the area for 20 years working as a mechanic. we're working to confirm and nail more information down on this as we've been following the story all week for you. but then there were three days where he was on the lamb as you know. he was arrested yesterday in mexico and extradited to houston where he is in jail and made his first court appearance late last night. the judge denied his lawyer's request to set any bond because get this, there is more. the judge telling open court that the defendant was already on probation with an assault with a deadly weapon from an incident in 1995. there he was early sunday morning being pulled over by a constable for unknown reasons. authorities say they have video evidence of him then jumping out of his vehicle and spraying the cop car with bullets. reps with the houston police union say crime is simply spiraling out of control in their city. >> we're going out there what we need to do. the courts aren't doing their job. a breakdown we can't get over. >> corporal charles galloway, one of 25 total law enforcement officers across the country, who have already lost their lives in the line of duty this year. according to the officer down memorial page. six of those involved violence of some sort and we're not even into february yet clearly. houston's current homicide rate stands at 38. that is more than new york city's 20, and in los angeles 26 murders. not even really into the year. >> dana: not stats you want to see. biggest story out of washington justice steven breyer is set to retire from the supreme court. >> bill: russia flexing military mussel yet again saying today that nato must back off in eastern europe. how much of a slow moving disaster could this be for the white house and more coming up. e 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? 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back to you. >> dana: well, that's an image. thank you, steve harrigan in kiev. >> bill: for life on the ground there nolan peterson back with us, senior editor of coffee or die. we spoke yesterday. how much has changed in 24 hours other than the headline out of moscow saying that nato must pull back from its positions in eastern europe? what do you have today? >> i have to say that the mood here in kiev is steady i would say worsening among the civilian population here. people are increasingly taking seriously the notion that the war could arrive here in ukraine's capital city. but it is also an extraordinary moment to watch. i think that as an outside observer, we're watching ukraine and ukrainian people give the world a master class in how a democratic society should act in a moment of crisis. you have civil society groups teaching civilians how to pack go bags and how to find the nearest bombshell tear and self-defense. across the country civilians are joining territorial defense units to defend their hometowns or wage an insurgent against russian occupiers. i'll briefly share with you a note from one parent i'm in communication with here in kiev that underscores a difficult decision that a lot of families are dealing with right now. this woman wrote me i put our important documents in one place and instructing my daughter what to do during the bombing. but i sadly understand that this cannot prepare us for the nightmare of war. so that's what's happening in the european capital in the year 2022. >> dana: do you get the sense anyone there, the general sense of the population because they have tried to align more with democracy and the west that they are going to be protected or are they feeling quite alone there as perhaps caught in the middle of this? >> one of the most extraordinary things i often hear on the front line from the ukraine soldiers, we don't expect anybody to come help. they need some -- they have needed over the last eight years better tools to fight this war. an important point to make is that in 2014 ukrainians had a pro democratic revolution to rid themselves of russian oppression. for the eight years they're fighting to keep that dream alive. they aren't fighting to join nato. they are fighting to remain a democratic sovereign country that's not ruled by russia. and so i think right now many ukrainians see this fight, this looming war, this looming escalation of an ongoing war as a threat to their survive all as a sovereign country. many civilians are ready to take up arms and defend the country street by street should russia tried to invade. >> bill: last question. in 2014 obama administration sent blankets. in 2021 and 2022 the u.s. and neighbors has sent ammunition and weaponry. has it given them more lift thinking we have their back more so than crimea in 2014? >> yes. the lethal weapons like the javelins which began under the trump administration have certainly sent a message of solidarity to the ukrainians. not a big difference on the front lines. counter battery radars have increased survival in the trenches. the war we're looking at now is not a trench war. over eight years the war has killed 14,000 people. the kind of war we're looking at now could till that many people in matter of days. a combined offensive with air power, missiles and tank columns. the kind of weapons useful now should have been provided years ago to give the ukrainians time to train and use them and it may be too late for the more advanced weapons to make a big difference at this point. >> dana: you make some great points. stay save and we will love to be in touch with you. >> bill: thank you for coming back. >> dana: in kiev the city prepping bombshell tears in the event of air strikes. fox news visited one of them. a look at that coming up. an armed jewelry store owner stops a smash and grab robbery and we'll show you what happened. it's all caught on camera. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. hearing is important to living life to the fullest. that's why inside every miracle-ear store, you'll find a better life. it all starts with the most innovative technology. like the new miracle-earmini, available exclusively at miracle-ear. so small that no one will see it, but you'll notice the difference. and now, miracle-ear is offering a thirty-day risk-free trial. you can experience better hearing with no obligation. call 1-800-miracle right now and experience a better life. i may be close to retirement, but i'm as busy as ever. and thanks to voya, i'm confident about my future. voya provides guidance for the right investments. they make me feel like i've got it all under control. voya. be confident to and through retirement. >> bill: markets are open in new york. what a ride it has been. federal reserve will raise interest rates in march to try to get a handle on inflation. it's costing you and consumers for goods. the dow is up 300 points at the open. had a good gdp number about an hour ago. we grew last year at 5.7% coming out of covid and pandemic. that's a good number. i like that. >> dana: always remember there is an asterisk. >> bill: for 2020 and 2021. >> dana: after more than 27 years on the supreme court justice breyer is expected to announce his retirement setting biden up for his first opportunity to fill a vacancy on the top court. he promised to nominate a black woman. who are the contenders? >> good morning, there is quite a short list of contenders. we are looking into reports that president biden and justice breyer will appear together for the announcement today. so far nothing official from the white house. they've been very reluctant to weigh in on all of this because breyer hasn't officially announced he is retiring yet. >> president biden: there has been -- let justice breyer make whatever statement he will make and happy to talk about it later. >> sources tell fox news breyer was surprised someone jumped the gun. the announcement was imminent they also add breyer was not forced to his decision despite mounting pressure from progressives who want a younger replacement on the bench. president biden promised on the campaign trail he would nominate a black woman if given the chance. at the top of the short list ketanji brown jackson who he nominated to replace merrick garland on the d.c. court of appeals andly and yeah kruger and chiles, the top pick of the man who saved biden's campaign. >> i am assuming this list i saw of seven people from his folks, i hope it is, because the young lady that i have been pushing him to consider is on that list. >> not on the short list vice president kamala harris. >> would someone who was an attorney general of a large state and who served with many key senate votes be an attractive candidate to the president for an open supreme court? >> i see what you did there, peter. the president has every intention as he said before, of running for reelection and for running for reelection with vice president harris. do you have another question? >> biden's nominee can be confirmed by a simple majority in the senate after republicans lowered the bar in 2017. conflicting legal opinions on whether v.p. harris could break a tie. >> dana: it was interesting yesterday to look at all of that. thank you so much. >> bill: jonathon turley law professor from george washington university. nice to see you today. you heard jackie use the word surprised. shannon bream reported a source told her at least the office or a source close to justice breyer was blind-sided. what do you make of that? >> well, we usually have an actual letter from the justice that announces a pending or immediate resignation. that is considered a very important point of decorum. i think president biden was right that he was not going to make a statement until the justice made a statement. that is really considered good form. whoever leaked this really did a great unfairness to justice breyer. this is his moment. he earned it. he had a right to make this announcement, not to have it leak out like so much else is washington >> dana: that is washington, right? we know one of the liberal democratic groups was basically -- they had a truck driving all over washington saying breyer retire. there was a lot of pressure. the president said during the campaign he would nominate a black woman. jen psaki reiterated that yesterday. >> does president biden plan to honor his pledge to nominate a black woman to the court? >> i have commented on this previously. the president has stated and reiterated his commitment to nominating a black woman to the supreme court. and certainly stands by that. >> dana: jackie heinrich told us there are six on the possible list. your "wall street journal" column today you wrote this. a college couldn't away with biden's high court criteria. his promise to appoint only a black woman is the kind of quote the justices reacted. tell me more about that. >> well it's a great irony in that you are admitting someone to the court based on an admission standard that the court itself has banned for schools. and indeed the court just took two racial preference cases to add to its docket. so those cases will be heard by a justice who was initially selected through the very type of racial preference rule. but in this case it wasn't a preference rule. president biden said he would not consider anyone who is not female or african-american. that would not be allowed for a private company or a university. now, this may seem like a subtle difference. presidents like ronald reagan said he wanted to put a woman an the court. he wanted to put a woman in one of his first vacancies and he didn't say he would only consider a woman. ultimately he did select o'connor. she was a short list of one. so the important thing here is just that presidents can emphasize diversity as an element the same way universities can but they don't go as far as biden did usually and say well, i'm not going to consider anyone who is male or not african-american. >> dana: do you think this idea that he will be replaced by someone who will be a non-originalist when you look at the constitution when you think the democrats might try to get it done quickly and the republicans might want to go along and talk about inflation and crime? >> they could but people should keep in mind that the republicans are not without options. first of all these nominations can take sudden turns. we saw that with harriet meyers, we saw that with bob bjork and we saw that with justice kavanaugh. also people need to understand that in the power-sharing arrangement when the senate is split exactly 50/50 the rules were changed a bit on these committees. so that they are all divided 50/50. that gives the republicans more of an ability to slow down this process. having said that, there are republican senators that rightfully take pride in the fact that they have voted for democratic nominees to the court. people like senator collins, for example, often goes out of her way to show support for a president's right to pick someone of their own choosing. >> dana: right. >> there is no reason to assume there will be a unified republican block against any nominee. >> dana: we'll see how it unfolds. >> bill: enjoyed your piece in the "wall street journal." an interesting twist you put on that argument. it is true, dana, you can agree within washington there has been a drumbeat for the past year to get justice breyer to move to the point where he would hang it up after 28 years. a sample of that. go back to june 13th of last year and on it goes, watch. >> we do think that justice steven breyer should retire at the end of this term? >> you know, it's something i think about but i would probably lean towards yes. >> i do believe that he should retire prior to the mid-terms. i think that would be best for our country. >> if he is going the retire it should be sooner rather than later if you're concerned about the court. what happens in the u.s. senate matters. >> bill: how about it's his option? turley just said it was a great unfairness to a justice to serve 28 years on the bench. water under the bridge. >> dana: under their breath they would complain about ruth bader ginsberg not retiring from obama was president. but she was an independent person and a lifetime appointment. they didn't criticize her too much but they weren't going the take that chance here. it is possible that the republicans can win back the senate in 2022 and then that would be a very different scenario. two sen ate races in georgia in 2020 the democrats won by a hair mattered a lot. president biden's popularity plunging in a key swing state. how big of a drag will he be on senate races this november? karl rove is coming up. as a progressive governor considers clemency for violent criminals a daughter is advocating to keep her father's murderer behind bars. >> this is not a situation where it was a robbery or stolen car. this was a robbery, stolen car and she took someone's life. cae 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. - i'm norm. - i'm szasz. [norm] and we live in columbia, missouri. we do consulting, but we also write. [szasz] we take care of ourselves constantly; it's important. we walk three to five times a week, a couple miles at a time. - we've both been taking prevagen for a little more than 11 years now. after about 30 days of taking it, we noticed clarity that we didn't notice before. - it's still helping me. i still notice a difference. prevagen. healthier brain. better life. >> dana: a jewelry store owner took matters into his own hands to stop a smash and grab robbery. the thief taking a crowbar to a display case in a california shop. the store's owner who is licensed to carry reacting quickly and pulls out his gun and confronts the suspect who then ran off empty-handed. he said he didn't have time to think. he just did what he needed to do to make sure he could protect his business and he was brave, right? >> bill: cool hand luke. >> dana: it's insane he had to do it but thankfully he was able to protect himself and his store. >> bill: we have a tough story to talk about. want the introduce you to a young woman named sarah olson. only 19 years old her father was found lying dead in a pool of blood inside his home. now one of the two suspects in the murder case from 2005 could walk free as oregon's progressive governor kate brown is trying to expand the use of executive clemency. sarah is with me now for her fight to keep a killer behind bars. our team reached out to the governor's office for comment and we haven't received a response yet. if we do we'll pass it to our viewers. this is a very difficult time. you've been living with this now for 17 years. you said your dad did not have a bad bone in his body. how and when did you hear about the killer that was looking for clemency to be free from a life sentence? >> it was about eight months ago we heard that the killer was filing for clemency. >> bill: what do you know about the governor's position now? do you believe that she is considering granting that clemency? >> i do believe that. we actually basically got a tip from a reliable source she is seriously considering granting this clemency. the process takes around six months and it has been eight months and we haven't heard anything. that tells you right there that she has taken it into consideration. >> bill: the person behind bars is rayburn. according to the reports from 2005 she said i did it. i blanking did it. why would a governor grant clemency on a lifetime sentence to an admitted killer? >> my family and i have been asking ourselves the same question every day. last year alone governor brown released people on clemency at least nine different murderers. this isn't -- this is something she does. this could really happen. why she would do it i don't understand. i don't know why she feels the need to prioritize criminals over victims. >> bill: especially in this case for your father. what would be the justification, do you believe? >> i don't know. i think that anybody could look at this case and wonder the exact same thing. how could it happen? i don't know. it is insane. >> bill: it hasn't happened yet and you have started a petition to get the governor's attention. how has that worked? >> it's going good. we've gained a lot of traction with it. as victims in something like this we don't have a lot of resources, so that was one of the only things besides talking to you guys that we could do to get the word out about what is happening. >> bill: do you think she is listening? >> i don't. we have taken this to the media a couple of weeks ago and we haven't heard a word from her. the only thing we've heard is they put out a statement just saying this whole process is, you know, trauma centered and victim informed and we have experienced quite the opposite. >> bill: i wish the best of luck and we'll stay close to your story of the your dad was only 54. >> yes. >> bill: do you miss him? >> i miss him so much. so much. we all do. >> bill: when you say he didn't have a bad bone in his body, that would suggest a man of kindness. what was he like? >> he was. my dad was so -- he was so nice. he would give you the shirt off his back type of guy. he didn't know a stranger. he was so friendly and so non-judgmental. anyone could be themselves around him and he just was the last person that ever deserved something like this. >> bill: can i ask one more question? do you know when you'll get an answer as to what the governor will do on her decision? >> i do not. we're hoping sooner than later but another thing i wanted to point out real quick, too. when rayburn filed for clemency, the clemency report she had done by the law students at lewis and clark is an entirely different story than she told in the original court case that she pled guilty to. it should not be being considered. >> bill: my best to you, sarah, and your family. thank you for coming on today. it takes a lot of guts and we wish you the best of luck. thank you, >> what's the big secret? everybody knows it's happening. >> dana: bombshell video of migrant flights in the dead of night away from the eyes of the american people. the former contractor who filmed and tell us what he saw. the migrant crisis reaches our shores putting the coast guard to the test. o: 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. ♪ some of my best memories growing up, were cooking with mom. she always said, “food is love.” so when she moved in with us, a new kitchen became part of our financial plan. ♪ i want to make the most of every meal we have together. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com one of the worst things about a cold sore planning helps you is how it can make you feel. but, when used at the first sign, abreva can get you back to being you in just 2 and a half days. be kinder to yourself and tougher on your cold sores. that's a nice truck. yeah, it's the chevy silverado. check out this multi-flex tailgate. multi-flex, huh? 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>> sorry, bill, good morning to you. things are slowly improving here. behind me we have the giant cargo ship from japan loaded with exports and will soon leave bound for hong kong and singapore. we were here 3 1/2 months ago and there were close to 30 ships anchored at sea waiting to come into port. today how many are out there? zero. so that's good news. they've been able to expand their rail lines here and to move these containers through much faster but that certainly isn't the story elsewhere. the u.s. west coast long beach and los angeles, those ports still back logged over 100 ships still waiting to come into port. the white house says that they believe the supply chain issue will be resolved or resolve itself slowly in the second half of this year. but as you say, federal reserve chairman jerome powell says i don't think so. take a listen. >> i would not say that i would expect the supply chain issues to be completely worked out by the end of this year. i do not expect them and have not expected them. what i would say and have been saying i expect progress to be made in the second half of this year mainly. progress. we're not making much progress. >> not making much progress. what does it all mean to you and i and everyone else in the united states? well, we know prices are higher and the cost of getting goods here from across the world still extremely high. i want to show you these freight rates right now. globally up 140% year-over-year. asia to the u.s. west coast up 250. east coast up 184%. bottom line prices will remain stubbornly high for a while to come, guys. >> bill: thanks, nice to see you down there in georgia. thank you for that. 10 a.m. >> dana: new sheriff fighting crime in the big apple. mayor adams cracking down as new york's finest start taking guns off the street. i'm dana perino. >> bill: i'm bill hemmer. 400 officers with the nypd being assigned to teams that target illegal firearms in the city. the mayor's crusade getting results. apparently they had at least three gun busts yesterday alone in mid town manhattan. the anti-gun measures coming as thousands of cops pay tribute and gather after the deadly shootings of two officers killed in a hail of bullets. officer wilbert mora and jason rivera from friday night in harlem. bryan llenas live in new york city. st. patrick's cathedral a block from us. let's start there. good morning. >> good morning. procession will lead the body of fallen officer jason rivera from the bronx to mid town manhattan, saint patrick's cathedral. the wake is open to the public for people to come and pay respects. rivera leaves we behind a wife he married in october. he joined the force to better the relationship between the community and the police. last night hundreds attended a vigil at the 32nd precinct in harlem in honor of rivera and his partner who were ambushed, shot and killed responding to a domestic call last friday night. >> the community lost a son, we lost a son, brother, husband, and -- they were only kids. they are one of us. the police department is the community. >> all of this as pressure builds on manhattan district attorney alvin bragg criticized for being too soft on crime emphasizing he would only prosecute the most serious crimes. yesterday bragg indicated a change in tone. he appointed a new gun violence prosecutor who will make combating gun violence his top priority including gun possession. this as new york governor kathy hochul issued a warning to bragg she is prepared to step in if bragg's progressive policies don't work. the governor telling the "new york post" she has options and will be monitoring the situation closely. she is reportedly meeting bragg tomorrow for the first time. these are hard times for the officers of the nypd, police union saying many are feeling abandoned by their leaders and the public. four nypd vehicles had their tires slashed outside of the 32 *ntd precinct where the vij it was being held. mayor adams encouraged the public to attend the wake and funeral to send a message to anyone who dares to harm an nypd officer. >> bill: fifth avenue in new york city. politicians have two main jobs, keep the potholes filled and keep the streets safe. that word about the governor meeting with the d.a. at the end of the week tomorrow could yield good results perhaps in trying to -- >> dana: hopefully. i think there is nationwide attention on this because you have moms and dads who have children working here or grandchildren going to school here or your aunt and uncle live here or something like that. the situation is dire. cops who don't want to join the force. uber drivers who don't want to drive because they're afraid of security. a subway system that is under basically assault by all of these criminals and people who are literally needing help in terms of their homelessness. >> bill: when stories like these get out about the firearms being apprehended by cops the word spreads quickly and could have a good deterrent effect. >> dana: we hope so. bombshell new video obtained by a freedom of information act showing the length the biden administration is taking to allow thousands of illegal immigrants into our country. body cam video taken by a police sergeant in westchester new york last august showing dozens of migrants arriving on secret flights at the westchester airport under the cover of darkness. this is what he said. >> dana: joining us now is the man who obtained the video former county executive of westchester county rob as tirino. what did you think when you saw the video? >> blown away. it confirmed everything that i had known. this was august 13th. i had been told about these flights coming in late at night t. previous county executive there was a curfew at midnight. these flights were coming in very late like 2 or 3 in the morning and hundreds of unaccompanied children and adult males were getting off these planes. when we questioned them the federal government, county and state, what do you think happened? they called us a racist and mean but wouldn't answer the questions. they deflected and lied. they said the kids and adults weren't going into the communities. they are. we have video they were put on buses, sent to a costco near the airport and adult males were led into cars and they go. no idea who they are or no idea about their backgrounds and where they are going. kids are being placed in our schools. i feel sorry for the kids. this is not about them but it's about a broken immigration system. a federal government that is completely off the rails and out of control and lying to us. not giving us the most basic questions and answers to those, and we have a right to know and it's that simple. >> bill: you are right about that. dana and i said last hour everybody knows it is going on but when you can prove it as we have now with the video it makes a difference. there is a lot on this tape. it runs for a 51 minutes. i want to play another clip for the viewers. listen to the security on the tarmac. >> bill: another time he says when we fly in the air we never know where we're going. how many more videos like these exist? >> probably a lot because these flights started last april. periodically they came in and in summer they were coming in almost every other night. it stopped in october when we broke this and when the post broke it and fox broke it. and now they are infrequent if at all and going to other airports. these people are being relocated to westchester, long island, suburbs and other states and nobody is informed. the communities that are affected. and we're paying the bill on this, the taxpayer. nobody is informed. the federal government literally is breaking the law. breaking the law and they don't care. i can't wait for peter doocy to ask jen psaki today about this and what her answer will be. >> dana: you were on tucker's show last night. the studio had a lot of attention. what are you hearing from the people that you used to represent as a county executive? i know you want to be the governor of new york. >> people are outraged and they should be. we're not getting basic questions answered like -- high school not speaking english because they are placed there and nobody knows anything about them. the kids are caught in the crossfire. this is an adult created problem by president biden and others and we have a right to know. where is governor hochul on this? it is happening in her state. she is so concerned about masking 2-year-old and codling criminals in new york city she turns a blind eye and it is happening and affecting our state. >> bill: rob, thank you for your time and we'll see the next time you acquire one of these videos. a lot of times when things like this start to leak other people start talking and we'll see if that's the case. the governor will have to answer at some point, perhaps today. thank you for your time. u.s. coast guard finding believed to be one of the migrants whose boat capsized by florida. the latest in a string of suspected human struggling attempts off florida over the past several weeks. phil keating live in miami with the latest. what happened, phil? >> good morning, bill. this is the latest example of suspected illegal migration by a boat coming into florida. the searching does continue this morning by the u.s. coast guard and navy and other assets on the sea as well as in the air looking for any potential survivors in the atlantic among the 36 migrants still missing. however, day five now, no freshwater or no food the chance of survival slim at best. it is the latest example of the illegal immigration heading for the florida coast. this one survivor on the boat smuggling migrants was rescued on tuesday morning between the bahamas and florida. the boat capsized in the dark two days before that in ocean swells of 7 to 9 feet with 40 migrants on board the boat. it triggered a large coast guard rescue effort covering an area about the size of new jersey. one body was recovered yesterday. a commercial tug boat intruder just happened to be in the area spotted the survivor and saving his life. the coast guard sector miami yesterday. >> the aircraft is reporting some debris fields which we're investigating again in the hopes that we find other victims who we can recover as survivors. in cases like this, small vessels overloaded at night in bad weather is incredibly dangerous. >> the past week the coast guard intercepted this boat in the bahamas jam-packed with nearly 200 haitians on board. also intercepting this boat with 88 haitians in the same area. we showed you these brazen landings in december. one in lauderdale, the other in jupiter where they made it to the beach. haitians heading toward florida are up 27% the past fiscal year. >> bill: thank you, phil keating watching for us on the shores in florida. thank you. >> dana: president biden's poll numbers sinking like a rock in a key state. what it means for the mid-terms. karl rove ahead on that. plus in-fighting by democrats. you will want to hear what he has to say about senator bernie sands. >> bill: echoes of the cold war. bombshell tears being dusted off today and preparations being made for a possible russian invasion. we're live in kiev on that. >> this is one of several bomb shelters in kiev. in the event of an invasion, this is home. ♪♪ helping them discover their dreams is one of the best parts of being a parent. one of the most important is giving them ways to fulfill them. for over 150 years, generations have trusted the strength and stability of pacific life. because life insurance can help protect and provide for the financial futures of the ones we love. talk to a financial professional about pacific life. living with diabetes? 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("this little light of mine") - [narrator] in the world's poorest places, they're shunned, outcast, living in pain. you can reach out and change the life of a suffering child right now. a surgery that takes as little as 45 minutes and your act of love can change a child's life forever. please call or visit operationsmile.org now. thousands of children are waiting. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. it's our january sale on the sleep number 360 smart bed. it senses your movements and automatically adjusts to relieve pressure points. whose resumes on indeed match your job criteria. and it's temperature balancing so you both sleep just right. save $1,000 on the sleep number 360 special edition smart bed, queen now $1,999. plus, 0% interest for 24 months. new year, new start. and now comcast business is making it easy to get going with the ready. set. save. sale. get started with fast and reliable internet and voice for $64.99 a month with a 2-year price guarantee. it's easy... with flexible installation and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. comcast business. powering possibilities. >> dana: voters in georgia are turning their back on president biden. a new poll shows biden's job approval rating has plunged to 34%. sharp decline from may when it was 51%. 62% now disapproving. karl rove is a former white house deputy chief of staff and fox news contributor. when you see a number like that, what do you think? >> if i'm a democrat i say oh, if i'm a republican i say wow. that portends a problem for senator warnock and a good chance for republicans the take the senate seat there and change the composition of the senate. >> bill: there was another one from the general constitution out of atlanta. right track, wrong track direction. 71% say wrong track. how much weight do you give that now? >> i give it a lot because that's emblematic of what is happening nationwide. if you look at the real clear politics average in the high 60s thinking the country is off in the wrong direction and just over a quarter of the population saying they think the country is going on the right track. if you are the incumbent party, you want that number to be a heck of a lot better than it is today because people are going to hold the democrats who are in charge of washington, the presidency, house and senate, they will hold them accountable for the direction of the country. >> bill: i want to say the biggest drop was among independents. >> yeah, who will be the swing voters who decide the fall elections. big problem for the democrats. >> dana: do you think it transfers to other swing states as well like a pennsylvania? >> sure. when you have that kind of a number nationwide, you will see it replicated in virtually every state. absolutely. i've seen data from north carolina, pennsylvania, arizona, nevada all have all high profile statewide races for governor and senate. democrats are in trouble and there is not much that will change that between now and november. >> bill: we were looking at your piece this morning. "wall street journal." if only bernie sanders were more blunt and the sub header is the state of the gop and democrats were encapsulated by two senator's speeches. what did you hear? >> well, bernie sanders went on "meet the press" and attacked the president of the united states of his party and the democratic leader of the senate saying their strategy of trying to get sinema and manchin to flip on the build back better and on voting rights legislation, killing the filibuster was an utter failure and that they had to have a change of course. the change of course is lift the build back better up. one major at a time and make the republicans vote against it and for it. the problem is that is going to draw attention to the big problems inside the build back better bill. we have 10 years of revenue to support one year of the child tax credit or three or four years of the affordable care subsidies or five or six years of pre-k. we're using gimmicks to hide the true cost of the bill. bring up the bill and let the republicans vote against it and democrats vote for it and it will hurt them at the polls in the fall. our concern is about inflation drifp by too much government red ink spending. >> dana: there is a supreme court nomination that president biden will be able to do now. what do you say to folks who think this is a big turnaround point for president biden and a really big boost for the democrats? >> look, i get it. he gets to fulfill a pledge to appoint a black woman. they get to change the subject and stop talking about things that are hurting them. a big important thing the supreme court partisans on both sides. democrats will be unified. i would remind them the same things were in stage in 2006 when the republicans -- when a republican president could nominate sam alito and didn't stop us from losing the mid-term elections. not going to be a big advantage to the democrats in the fall elections. it is a temporary retreat from the brutal battles they've suffered the last year and lost but it is not going to save them in the fall elections. people are concerned about jobs, inflation, economy, lots of other things the supreme court nomination will be far in the rearview mirror by the time we get to the fall. >> dana: you gave me a flashback how busy it was from august of 2005 to february of 2006 and beyond. that was quite a time. thanks, karl. >> bill: that brings us to democrats hoping to advance the new justice of the supreme court phasing a razor thin margin in the senate. chad pergram has the low down and is live at the capitol. >> let's distill it into four questions. who will it be? what the political ramifications, how will they be confirmed and who will vote? let's look at the who and the speed. >> president biden stated he would choose a black woman as his choice for the supreme court. and i expect he will follow through on that. we want to be deliberate. we want to move quickly. >> conservatives claim democrats aren't looking for the best nominee. >> it's ironic that the supreme court is considering a case on this very issue of racial preferences next term. apparently biden didn't get the memo. >> one problem for democrats in a split senate is how they can confirm someone if all republicans are opposed. senate minority leader mitch mcconnell is playing his cards close to the vest. >> i'm afraid to put the cart before the horse. he is entitled to do that whenever he chooses to. >> vice president harris could break a tie. a vice president never broke a tie to confirm any nominee until 2017. vice president mike pence broke a tie to confirm betsy devos as secretary of education. also risky to nominate someone too early. modern confirmation hearings are a show. there was never a hearing for a justice until 1916 and . >> dana: distrirkt attorney's job to turn the law where he or she sees fit, they're written. >> dana: new york mayor eric adams vowing a return to law and order as the city honors two fallen heroes. some of the most beautiful sites from the ancient world like you've never seen them before. how bout sushi? i just had sushi for lunch yesterday. indian? ehh, maybe... how bout seafood? you know i don't like seafood. 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>> you may be right russia is not serious about this at all but we have an obligation to test that proposition to pursue the diplomatic path. >> further signs of tension over two dozen russian diplomats left the u.s. yesterday. the russian ambassador saying it was at the request of the state department and tied to a visa dispute. it means they weren't due to leave yet and it is another worrying sign that tensions continue to rise. the state department says they hope there will be another meeting between blinken and lavrov in the future. ned price said yesterday that nord stream 2 would not go ahead in russia invaded. presumably in conjunction with the germans. >> dana: meanwhile the ukrainian capital appears to be preparing for a full-on invasion and families may be forced to hide in soviet era bomb shelters. greg palkot has a view from kiev. hi, greg. >> hi, dana. that's right. the russian troops are building up. diplomacy is going nowhere. people are beginning to think about and prepare for the worst. of particular concern loads of russian jet fighters coming to belarus for exercises. belarus is about 60 miles from this city. experts have told us one possible strategy could be russian air strikes on key infrastructure targets in and around kiev. authorities have identified 5,000 possible bomb shelters in the city of 3 million. some of them indeed dusted off cold war relics. take a look. this is just one of several bomb shelters in this apartment complex in northern kiev. in the event of an invasion this is home. it is a little bit rough. the bomb shelter we checked out is said to handle 60 people if a bombing strike looms. there is a siren that will warn residents. he has electricity but not much more than that. the place will be stocked with food, water, medical supplies and could be the key to the local survival. take a listen. >> the most important thing is our lives. it is important to save lives. we'll do the best we can. >> as we were leaving, dana. one classic senior ukrainian lady checked out the place. she is a building resident and she told everybody that she didn't like the looks of it. sadly, that might be her only choice. back to you. >> dana: thank you. >> bill: question being asked in new york and many american cities when will law and order once again rule the day? new york's democratic governor kathy hochul putting far left manhattan d.a. on notice saying she is ready to reverse his soft on crime policies as a new york council woman mourns the shooting deaths of two nypd officers and includes the name of the man who gunned them down in her message. quote, my deepest condolences to the families of officer rivera and mora harlem stands with the families of fallen and we won't stop fighting for a safer world for all. the nypd is not happy with that message written by kristin richardson jordan. sean duffy joins us now. what do you make now of, well, the new mayor has stepped in and it looks like a new governor will step in as well. >> but bill, i think it's really problematic when you have prosecutors given wide discretion. we don't want a one size fits all for prosecutors. we want them to look at the criminal history of a defendant. what kind of work do they do. do they volunteer. we want them to look at the whole package of the defendant to given them discretion. prosecutors like bragg use the discretion to undermine the law. does the mayor step? does the governor step in and threaten to remove bragg from office? the problem with that, though, is bragg won with a massive majority of votes. he wasn't keeping it a secret what his philosophy was. he would be a weak an crime prosecutor and new yorkers voted for it. as a pate itic american who loves law and order and you do, too, the victims families are outraged by it. new york voters like these policies and they get a liberal prosecutor like this who doesn't prosecute crimes to the fullest extent of the law and then you have crime rampant on the streets but that's what they want. >> bill: a couple weeks he has been on the job. back to this richardson jordan from harlem. here are some of the tweets. she says the return of the anti-crime unit number one, guys, catapults us backwards into a fixation on the last step in gun violence when a trigger gets pulled. here is more from the last day. we must seek to prevent the conditions that create violence in the first place. we will always have violent crime in the areas, no amount of police presence can overcome that. she writes strong well source and power communities prevents crime from occurring. she looks at all this from 180 degree different angle there. at one point she said the nypd is the biggest organized gang in the city, sean. >> right. so bill, if their policies work to reduce crime, the diversion programs, this community engagement would reduce crime we would see crime go down. crime hasn't gone down. weak on crime policies has made crime go up. there is more violence and more homicides, more people being pushed in front of trains because of these policies. every american sees it. we aren't safer with less crime. these policies give us more crime. it is a flat out blatant lie to go after law enforcement. by the way, to blame guns or blame the police for enforcing the law trying to keep their communities safe is absolutely outrageous. but again, the communities themselves have to understand how catastrophic these policies and prosecutors are and actually elect new people. >> dana: quickly as a former prosecutor i wonder what you think about this. the mayor has asked the families if it would be okay to show the video of the shooting of those two police officers. would you be for that? >> you know, i guess it's a heart wrenching situation, dana. if it would help bring justice or a change to the policies or the viewpoint of the people in my community i would want to put that out there. again it has to be hard to have everyone see that horrific moment or horrific moments but if i could help change i think we should put those out there and let people see what happened. i think words are one thing, video tells a completely different story and it is very powerful. >> bill: tough call for the family. thank you, sean. >> dana: police are opening a criminal investigation into a young woman's overdose death after previously saying it looked like an accident. nancy grace will tell us why investigators changed their mind. why one state wants to make it illegal to ask for your vaccine status. at newday, you can buy e 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. i didn't know you had dahlias. they're my favorite. they just came in. thank you. i should do a marketing campaign. clover does that. you're like a mind reader. do you like it? here are the receipts from the other store. cool. thanks. nice. secure payments, the tools you need, people who can help, we do that. talk to a clover business consultant today. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> bill: fox news alert. ice out of houston, texas after the murder of a deputy constable. a 50-year-old citizen out of el salvador arrested in mexico for the murder of the man you see on your screen, capital murder the charge. now rosales entered the country illegally an u.n. known date unknown location without inspection or parole by u.s. immigration officials. later fled to mexico after the alleged murder of this harris county texas constable's office deputy. he has been now arrested in mexico and we will watch it from here. that news from ice a moment ago out of harris county near houston, texas. >> dana: connecticut police opened an investigation into the death of a 23-year-old woman after spending the night with a man she met online. initially no foul play was suspected but officials from now changed their tune. the police treat the untimely death of the woman as an active investigation as we're refocusing our attention and efforts to the factors that led to her untimely death. nancy grace is the host of crime stories on fox nation. that was suspicious that they immediately didn't think to look at it this way? >> i guess they are reopening the investigation after a protest goes down in front of the courthouse. i can tell you this much. where she was found dead, this beautiful 23-year-old girl. let me point out she was dedicated to clean living, organic food, working out all the time. she had her own youtube channel about lifestyle and beauty. and you want to tell me this girl was so high on pills she died? that's not all. in the middle of the bed where she was found lying on her right side, that's important, in the middle of the bed in a pool of blood with streaks moving to the right. but the blood was coming out of her left nostril. you understand she is laying like this and blood comes out like this. that's what we call staging. how did cops miss a condom full of semen and an unidentified pill. what we get from the guy, no one is linking him with this. he said they had a date that night. he had a couple of shots of -- this was not processed appropriately. and they talked to the guy when they did there he calls 911 to his credit and then they let him leave. that's wrong. that's totally wrong. >> dana: the family attorney said this. i've never seen a medical examiner conclude a mixer of drugs as an accident without knowing who provided the drugs or how it was ingested. so again almost like we love talking to you but i feel like when we talk to you the law enforcement system as good as it can be they miss things like this quite a bit? >> can i tell you how much it pains me to come out against police? they were my rock and all the years i prosecuted my star witnesses. i rely on them. but i'm telling you the truth. this crime scene was not processed correctly. the rubber, the condom, well, did they do a rape kit test on her to find out were there traces of lubricant to connect her with the condom? it's hard to believe that this woman dedicated to clean living had all these drugs in her system. it my have been in the urine could indicate she used it regularly. so many questions unanswered and we may never get answers. how do you think that makes her family feel? you know who called them? the landlord. that's who called them to tell them their daughter is dead. my girl is 14 years old. that is about nine years away from this girl's death and if i had a landlord call me and tell me this news i would be doing a back flip down city hall's aisle right now. >> dana: we'll see if justice can get done here. the investigation will be reopened and no doubt your passion about it is driving a little bit of that. nancy grace, thank you. >> bill: powerful reaction, powerful story. thank you, nancy. it was perhaps one of the greatest things we've ever seen. now turns out tie hard kansas city fans missed it entirely. the chiefs pulled off the upset. not an upset. they pulled off a comeback victory with only 13 seconds left to beat the buffalo bills. it is when a lot of k.c. fans turned off the tv and frustrated and thought they lost. others left the stadium. even season ticket holders. now they are living with regret. they won the game. >> dana: the guy woke up every two hours and he was so mad they had lost and when he finally did get up the next morning he found out. >> bill: he was looking at the headlines. we have a kansas city chiefs fan around here, harris faulkner. good luck to your chiefs this weekend. >> dana: nice she wore red, too. >> i have so much red and gold. >> bill: we'll do a wager on the game. you love krispy kremes, we're a humble lot in ohio. >> harris: have you seen your quarterback? he is not humble but amazing. he is amazing. >> bill: we'll do a wager and see how it works out on sunday. good luck to your team. great fans in kansas city and i shall be there firsthand. >> harris: right back at you. great fans in cincinnati. >> dana: what's coming up on your show? >> harris: let's get serious, the news is fox revealing video that is exclusive to us. it is a grand receipt as i often say of what the government has really been doing with children coming across the border. plus the suspect in the murder of a police officer in houston, texas was an illegal immigrant already out on probation. houston now on pace to see 500 murders this year. attorney general from arizona mark brnovich, joe concha, congressman michael waltz. 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