just homes. the mass release of migrants underway in texas, adding that some of these men have criminal past and at their camera capture this video of the san antonio airport. meanwhile, the import for some of the charter flights filled with migrant children that landed in the dead of night last summer. a security officer and federal contractor were involved in those flights. >> i get the secrecy, but this is -- [bleep], you know what i mean? >> and why? i know, but why? what's the big secret, everybody knows it's happening. >> because the government is betraying the american people. >> josh, when no it's happening, immigrants coming to our southern border and some of the statements we just played are accompanied by others. dhs wants everything to be on the down low, so secretive, no transparency here. what we don't want to do is attract attention. what we don't want is the media, if this gets out the government is betraying the american people. this seems like a cover-up. should republicans take back the house in the senate? there needs to be some investigatory work. because i believe we are only scratching the surface here. >> josh: 100%, kayleigh. thank god for fox news because otherwise i don't think anybody would know anything about this. they were talking about having it get out to the media, i think the rest of the media, they are basically complicit in this. i must have missed the statutes that passed the house and the senate that allowed for transport of illegal immigrants to unsuspecting communities across the country. i didn't see that happen, i didn't see the white house put a policy paper out on that. i didn't hear anybody talk about what that could mean to the communities for these illegal immigrants and up. nobody talked about it in the reason is they are trying to keep a secret, thank goodness this has been exposed and we can hopefully push for some answers. to your point about republicans, should they regain power, 100%. this needs to be at the top of the list. >> emily: and it should be a top-five issue in most polling, but it has double standards where americans have to take their shoes off to get on planes is one of the federal contractor said but these illegal migrants hopped on a bus. >> kayleigh: if this gets out, the a government is betraying the american people. but i would argue they already are. to josh's point, thank goodness that film allusion and others are on this. last hour you read reported that ice is releasing migrants with extensive criminal records. the argument from them as its misdemeanors versus colonies but he had a rap sheet of multiple misdemeanors that included assault and drug possession. recall the illegal immigrant in florida in october, ernesto morales, who killed a 5-year-old girl because he was driving drunk. so on the list of misdemeanor that includes a dui's and includes assaults, what matters is the consequence. it is not inconsequential of these misdemeanors. what matters is the pattern that these people have and that is what we are bringing into our communities. remember it's our tax dollars come in to your point, kayleigh, it's a our law enforcement, time and resources that spent on this incredible shale, shell game. and yet spikes of risk to safety and community is in such a ton of ways. >> kayleigh: no doubt. this explosive reporting comes on film illusions of the reporting of migrant single adult males that are supposed to be deported by title 42 but they instead are going through an unmarked office and being released into the interior. bill melugin is out with some reporting and he spoke to an immigration customs enforcement tro which is an enforcement and removal officer and that officer was so peeved by what ice put out, their statement in response to that reporting, he came forward and said it, this is striking. we have just scratched the surface and that that these mass releases have been happening discreetly since february. he goes on to say imagine going to the office to make phone calls all day to coordinate travel for someone who just came in illegally, some of them with criminal records including assault, dui, drug possession and illegal reentry. harris, so you have this one cover-up at the airport in new york and we have this other one where we are told we are just scratching the surface down in brownsville. >> harris: i agree with emily where she says it doesn't matter if we know it or not, the laws being broken. and we should know it because this current administration proves to be the most transparent in history. it's great to know it, and a fox is doing its job, the important job of taking the facts of american people as often as we can find them and put them on the screen and tell tell you about them. but in the meantime, i was watching out for the loss? because that's really at the heart of this. if you look at what's happening with these criminals now, and they are criminals. democrats are trying to move the line on, if you come here illegally you haven't really committed a crime but yes, you have because that law is already on the books. you can policy your way through or pretend like the law doesn't exist which is apparently what they are doing according to the attorney general down in arizona, you can pretend like you don't see that or we don't see the law is there. the fact of the matter is they broke the law when they came here illegally and then stay beyond that. no matter what you want to do with your heart and mind about the issue, that is the law. you can change the law but they haven't done that yet. so we should be concerned about that or this will continue. i think we have a little bit from the attorney general. it can we listen to that or watch that? >> this is a nation of immigrants but it's a nation of the rule of law and the constitution has to mean something and the law has to mean something and the biden administration is unilaterally basically destroying the country. i look at this and i think it's anarchy, chaos, where subsidizing and basically decriminalizing people entering this country illegally. >> harris: what does that say to the people who did it the right way? and what does that say to the family now? because emily was giving us up news blotter of everything that has gone on with some of those who become even greater criminals once they are here. this isn't everybody but ones that keep continuing to break the law. down in houston, texas, where a cop was just gunned it down, the suspect, a rap sheet that included a felony probation. the white house can pretend it's not happening but the video helps, doesn't it? and we are getting it, receipts. >> emily: and what does that say to our border patrol agents? border patrol agents, and let's watch the tape. >> if they appear, and let me just say, you can turn your back. >> is acknowledging that the vitamin administer some policies are not altogether popular with cbp officers and it might be kind of shocking to hear this as it was recorded. and it the footage for the least surprising of the year, there is huge dissent among the cbp officers and men and women who are asked to carry out the nations border policies. i want to throw us back just really quickly to the white plains video, and that airport in the interest of providing our viewers with the full picture here, we always have to point out the origins and the sources of these videos that get leaked. this is obtained by republican former candidate for the governor out of new york and he has had a very public vendetta against the vendetta, and as you pointed out, it's a local police sergeant complaining to a dhs contractor saying the police there were not given any heads up about the flight that was coming in after curfew in white plains. >> harris: there is no discrepancy about what this video is. i mean, you can talk about a politician, but there's no discrepancy about what we see there. >> i'm trying to say these are the facts, and our viewers can interpret all of this and what it means but we have to flag the source. >> emily: there is no discrepancy that alejandro mayorkas has not had the box of cbp going back to the first question. it's incredible. he was the guy that said that whipping video was horrible and dumb i could before any of the facts were out, and what happened to that investigation? coming up, russia shows no signs of backing down in the kremlin says there is no backing down and that's why negotiations between the u.s. and nato stop the invasion and may be going nowhere. and ensure complete with 30 grams of protein. ♪ ♪ people everywhere living with with 30 grams of protein. type 2 diabetes are waking up to what's possible... with rybelsus®. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® 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 rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to the possibility of lower a1c with rybelsus®. you may pay as little as $10 for up to a 3-month prescription. ask your healthcare provider about rybelsus® today. you're a one-man stitchwork master. but your staffing plan needs to go up a size. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire we gotta tell people that liberty mutual customizes car insurance so you only pay for what you need, and we gotta do it fast. 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russian president vladimir putin now sending more troops, tanks and artillery units to the border. the united states and our allies are struggling to reach an agreement with moscow that would prevent this full-scale invasion from happening. the u.s. rejecting the kremlin's central demand which was to promise that ukraine would never become part of nato, and now, a top state department official says, they have every indication that russia is planning to use military force on ukraine by mid-february. fox news correspondent benjamin hall questions the secretary of state anthony lincoln on the administration russia strategy or lack thereof. >> at what point do you stop playing russia's game and take preemptive action now? >> we are, as you know, not standing still. and a walk and chew gum at the same time which is very much what we've been doing. the work that we've done over the past couple of months and bringing allies and partners together around massive consequences for russia, should it renew its aggression, and the very detailed work that's been done on that. >> harris: it there's like walking bumper sticker, we can walk and chew gum at the same time. we are not standing still. i don't know if i'm watching like the end of an afc championship game with the team who lost or -- i mean come on, josh. >> josh: cliche, cliche. it's unbelievable. the entire situation is presenting itself because this administration has had an incredibly weak foreign policy and incredibly predictable foreign policy and everything that has followed in the disaster in afghanistan, the question whether united states has any sort of stomach to stand up for allies and i'm not surprised in the least that for the first time we seen putin move in ukraine is a first time on this watch, because honestly, what are they going to do about it? they are sending letters back and forth, with this incredible pipeline. it you actually to outline some consequences that blood may put in understands in order for him to step back. they have not done that at this point and heat they keep saying, it's going to be his choice. let's not make it his choice, let's make it our choice. >> harris: i have a follow-up for you. because i'm curious, to get your thoughts on what exactly we still have in our arsenal that we can do before they make their next move. and let's not even get it twisted, we are not waiting for russia to make the first move, they put more than 100,000 troops on the border of a country which borders for nato countries and we have an agreement. he's made like five moves. >> josh: right. i think there is a military component to this, that there are the arms necessary. >> harris: i heard they need more training. >> josh: i'm sure that's the case. but they also need some back up in terms of like, nor its stream to. it's so significantly levying against russia, but where are we on that? are we going to double down on that? are we going to make it economically viable for vladimir putin to follow the pathway he is currently on? all of those things are pieces that we could use to deter vladimir putin from what he's doing but again, we are trading letters. i don't think weakness protects anything that vladimir putin is going to turn around with. >> harris: i don't know emily, do you need a whole letter? what i would say would be on a post-it note. >> emily: it's like and of green gables letting go make writing letters back and forth. how about a velvet glove iron fists, a modicum of leadership in the commander in chief, and it's also other foreign polar comic powers. there are at least just this week alone for escalating international situations where all of our adversaries are waiting to see biden's reaction speed and the strength of his resolve and reaction. we have the ukraine and just this week the iran backed rebel that launched a rocket attack on an air base that housed 2,000 u.s. soldiers in addition to the fuel depot in abu dhabi that killed people, we have north korea launching two suspected cruise missiles, the fifth test and just this month, and we have china testing our resolve over taiwan where they are doing a show of force, flank dozens of warplanes right over taiwan as we sail aircraft carriers, and that's just this week. i think it's really important to understand that all of this has such broadening impact that just touched on where i think frankly our leadership, the waffling and spikes in income at what he can snap at a reporter but when it's time to show, it's fine, when it really matters. unfortunately i don't have faith that he will. >> harris: let's add to the fact that they are also going to meet. the optics of that are all we need but we don't know what the conversation will be and we don't have a seat at that table. what are your thoughts, on what the world sees, piggybacking off of what emily said. >> gillian: i would say the point about the olympics, she and pruden have been talking on these secure videoconferences and announcing it to the world so they can get those photo ops and together. yesterday, tony blinken also said when he was talking to benji hall that russia might not be serious at all about the diplomacy it is engaged in with the u.s., at all. you can make what you want of that but the reality is that the u.s. intelligence committee doesn't know whether putin is serious and if he isn't, i would argue that engaging in cm diplomacy is not just a waste of time but potentially very dangerous, not just the ukrainians but for us here as well. it's not your standardized bureaucratic backdoor diplomacy, and as you point out it's happening on the world stage in full view of everybody. be one well and enemies that would love to take that as, note to self, how we deal with them. and i'm not interested in proving a negative, i'd like to have somebody prove to me that they are because they haven't shown that they are whatsoever. >> kayleigh: let me just underscore that about cm diplomacy. they laid out the december 17th demands and said how extraordinary they were, no expansion of nato, not allowing troops and eastern european countries that are already need on members, they were so extraordinary that a russian journalist said, it was the equivalent of saying dear father christmas, send me a live uniform. that was how extravagant prudence demands demands were and it led some russian to say he might be rejecting the united states with these maximalist demands and use that as a pretext. it might be sham diplomacy, and it's up to our commander-in-chief to see through it. i don't have much faith. >> harris: while we know he's got generals, and we know in afghanistan he didn't listen to them. i asked admiral curry, if they give him advice and he doesn't take it, that's the kind of transparency that we should see. we will move on. president biden announcing plans to come to the big apple to talk about gun violence after two of new york city's finest were gunned down in an ambush. actually three of them, one is still hospitalized in critical condition. the funeral for the first two you see on the big while there is tomorrow. that is the casket of jason rivera that we showed you live last hour. what took the president so long to tackle a surge in gun violence across the country? 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[whistle blows] [horn honks] they're here. hit the field. warm up. you brought all these players in your buick. -yup. -that's so you. it is. there's a buick that fits your life. because at the heart of every buick suv is you. hello, for the last few years, i've been a little obsessed the with chasing the bigs 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. >> kayleigh: a solemn and sad day here in new york city as thousands prepared to honor to fallen officers with funerals at st. patrick's casino where the wake for officer jason rivera is set to begin shortly. the 22-year-old who was shot and killed alongside his partner wilbert mora in an ambush last friday while responding to a domestic call. all of this as president biden plans to visit new york city next week to discuss the gun violence with mayor eric adams, a former cop himself, his plan to get guns off the streets is already getting results. meanwhile, reports say that some officers in attendance for the weick turned their back on the woke alvin bragg who is facing calls for his ouster. kayleigh, come into your first come out your thoughts on biden coming next week. is it too little, too late? >> kayleigh: of course it is. this isn't about the people, this is about the polling for the biden administration. when you have registered voters, do you care about violent crime? it's the second most important issue and fox showed 81% of registered voters saying they are concerned about crime so no wonder the commander in chief woke up and realized i have a crime problem, maybe it's time to go to new york city and address it especially in the wake of the death, the murder of the two of new york's finest, our heroes at nypd. it's a similar move as last summer where last summer in may, a poll showed 80% of voters were somewhat or very concerned about crime and all of a sudden biden snuck out of whatever he does in the white house for the most of the day and decide to take the speech on crime. it was too little, too late. it's been too little, too late, from day one but good for him to try to fix a problem that we all care about. >> emily: entry form for this president he's now focusing on gun control seeing as that's a talking point for the for the progressive left. but crime is skyrocketing throughout the country and it involves many factors but chief of them are the recidivist career criminals, the pattern of behavior, multiple arrests and multiple crimes and those are the ones that are free to commit more crimes, and those of the ones that are committing the violent crimes which is why 86% of americans are terrified of it. >> josh: i'm glad you pointed that out, and that's been put in place by progressive das across the country, and it's a symptom of a larger problem, and you are talking about the d.a. bragg. so you release a list of crimes that he's no longer going to prosecute, that looks like what san francisco did a year ago and the result of that is every store in san francisco being looted, violent crime at an all-time high. these are the policies that they put in place. at the defund of the police movement it was not simply a piece of legislation, it's a mentality of progressives and we actually prevent criminals from producing violent gun and other kinds of violence. we have to do something about it, and i'm hoping at the local level, the use of das and conservatives frankly will be able to turn this around. >> emily: to josh's points we are seeing the governor step in warning this new d.a. that she will reverse his policy. >> harris: is that how you saw it? because that's not how i saw what she said. what she said what she was going to take a look at some stuff and, she'd have to see the data to look at the problems here in new york city. but that's not enough. the central character in all of this besides the criminals obviously, they play the central role, the president comes to town and he meets with the mayor and the mayor has been in business here with, what, four weeks? he's the guy in control that's changing policies and letting criminals go and doing what josh said, decriminalizing some things. you tell us every day about how recidivism is practice, and you get better at whatever you think you can get away with. i think he's a central character here and the mirror can meet with the president, it would be helpful if someone could talk to alvin bragg and say, when are you going to change those policies? speaking of the president, let's go to him right now. this is breaking news. justice stephen breyer is stepping down, and we had reported to you that justice breyer would be staying until the end of the term, june or july, would be around then. then there was a lot of political talk from the white house and now we will hear from the president about who he would like to nominate, a black woman, and then progressive groups clapping and saying, that's terrific. it comes down to merit and all of that, but that's first. and now all of a sudden, stephen breyer is leaving the u.s. supreme court more immediately than the end of the term. but we will let the president of the united states make this announcement. we understand with the justice alongside him, and we will be able to see and hear for ourselves exactly what's happening. what we may never know is the drumbeat and whether or not that had a role in all this come up progressive groups with their signs saying, stephen breyer retired. and all of that. we may never know if it did. we know from our own reporting, shannon bream and others, though there was a modicum of surprise with justice yesterday and that it came out yesterday but the white house and others have said this was something that was coming down the pike. we don't know the original timing because we were not told. it will be interesting to see who they put up. and they will have the majority, you would think, i can't imagine that manchin and kyrsten sinema the modern holdouts on much of biden's legislation so far wouldn't go along with their fellow democrats. kayleigh, your thoughts? >> kayleigh: i think you had a really important point just surveyor, saying we may never know how this information came out about the resignation of justice breyer, or the stepping down. we began our show yesterday with russia news on the heels of president biden saying, if this happened this would be the biggest invasion since world war ii and that's what all the media was focusing on. then out of nowhere there is this reporting about justice breyer, that he was surprised by it. it just makes me wonder, and i'm only asking a question, did someone in the white house in aa anonymously give this information? was it someone who wanted to change the news cycle? these kind of strategies have been in communications and press shops and white houses and i just wondered how it happened, it's ratr an anonymous source rather than justice breyer himself. he just put out a letter announcing his retirement and that will be par for the course so is there an effort to divert to a new cycle? i don't know. >> harris: it let's watch. >> president biden: good afternoon. let me begin by recognizing both dr. breyer for being here, this is a bittersweet day for me. and we go all the way back to the mid-70s and that's another story. i'm here today at two express the nation's gratitude to stephen breyer for his remarkable career in public service and is clear-eyed commitment to making the countries laws for the american people. and particularly i want to thank his wife, dr. joanne briar, who is here today and has stood by him for nearly six decades. with her fierce intellect and good humor and enormous heart, thank you. at the country owes you as well. his service started early. he served in the united states army as a teenager, and a prosecutor in the department of justice, and i first met stephen breyer when i was on the senate judiciary committee and he started off as taking care of one of the subcommittees and became chief counsel during his tenure as chairmanship of the judiciary committee. his intellect and hard work and illegal insight, he was famous for biking across washington virtually every day for face-to-face meetings and over breakfast, they discussed what would they do for the country together and in those days they try to do things together. that spirit stuck with me when i took over the judiciary committee, and it was my honor to vote to confirm justice breyer's to serve in the united states supreme court, the court of appeals first in 19, and then 14 years later in 1994, i got to preside as chairman of the senate judiciary committee over the supreme court confirmation hearings. we were joking with one another when he walked in, did we ever think that he would have served decades on the court, and i'd be president of the united states the day he came in to retire. and i said i'm joking. but i was proud and grateful to be there at the start of the sort distinguished career of the supreme court and i'm very proud to be here today to announce his retirement. during his confirmation hearing back in 1994, nominee stephen breyer said "a law must work for the people." he explained to us that our complex legal system has a single purpose, to tell people who make up our country. it was a different time of course, when his brilliance and values on scholarships, when judge pryor became justice breyer, by an overwhelming partisan vote at the time. he has announced his determination to step down from active service after four decades, 28 years in the united states supreme court. his legacy includes work as a leading scholar and jurist bringing his brilliance to bear to make the government run more efficiently and effectively and includes his stature as a beacon of wisdom on our constitution and what it means. i threw it all, justice breyer has worked tirelessly to get faith to the notion that the law exists to help the people. everyone knows that stephen breyer has been an exemplary justice, fair to the party before him and curious to his colleagues and careful in his reasoning. he's written landmark opinions on topics such as reproductive rights, voting rights, patent law and laws protecting our environment and laws that protect our religious practices. his opinions are practical, sensible and nuanced and reflects his belief that the job of the judge is not to lay down a rule but, to get it right. justice breyer's law clerks and colleagues as many of the press here new described him and is work ethic, his desire to learn more and his kindness to those around him, and optimism with the promise of our country. he is seeking to bring the court together and i think he is the model public servant in a time of great division in this country. justice breyer has been everything this country could have asked of him and he has appeared before -- when he appeared before the judiciary committee almost three decades ago, we all had high hopes for the marquis would leave on history and law and the constitution and he has exceeded those hopes in every possible way. today is his day. our day to commend his life of service and his life on the court. but let me say a few words about a critically important work of selecting his successor. someone sitting on the supreme court i believe is one of them most serious constitution response abilities a president has. our process will be regressed. i will select a nominee worthy of justice breyer's legacy of excellence and decency. while i've been and studying candidates backgrounds, i've made no decision except one. the person i will nominate will be someone with extraordinary qualifications, character, experience and integrity and that person will be the first black woman ever nominated to the united states supreme court. it's a long overdue, in my view. i made that commitment during my campaign for president and i will keep that. i will fully do what i said i will do, i will fulfill my duty to select a justice not only with the senate's consent but with his advice. you heard me say in other nomination processes that i constantly seek the advice and consent, but the advice as well of the senate. i'm going to invite senates for both parties and offer their ideas and points of view. i will also consult with many of these scholars and i'm fortunateto have advising me vice president, her. an exceptional lawyer, former attorney general and the state of and i will listen carefully to all the advice that i'm given, and i will study the records and former cases carefully. i will meet with potential nominees and it's my intention, my intention to announce my decision before the end of february. i have made no choice at this point. once i select a nominee, i will ask the senate to move promptly on my choice. in the end, i will nominate an historic candidate, someone who is worthy of justice breyer's legacy and someone who, like justice breyer, will provide incredible service on the united states supreme court. justice breyer, on behalf of all of the american people, i want to thank you and your family, and your family, for your tremendous service to our nation. i'm going to yield the floor to you, mr. justice. >> thank you, mr. president. that is terribly nice. believe me, i hold it right here. it's wonderful. i thought about what i might say to you and something i enjoy is talking to a high school students and grammar school students, college students and even law school students. they will come around and ask me, what does is it that you find particularly meaningful about your job and what gives you a thrill? that's not such a tough question for me to answer. they one, up to date, i don't know how many. i sit there on the bench, and i hear lots of cases and after a while, the impression, it takes a while, i have to admit. the impression you get as you well know, this is a complicated country. and it's every race, every religion and she would emphasize this, and it's every point of view possible. it's a kind of miracle when you sort of see all those people in front of you and yet they have decided to help solve their major differences under law. and i can't take that around in my job. the people that have come to accept this constitution, they come to accept the importance of the rule of law. i want to make another point to them. i want to say, look. of course people don't agree, but we have a country that is based on human rights, democracy and so forth. and what people today still think is an experiment. joanna paid our grandchildren each a certain amount of money to memorize the gettysburg address, and the reason, what we wanted them to pick up there, fourscore and seven years ago, our fathers created on a new country, a country that was dedicated to liberty and the proposition that all men are created equal, conceived in liberty, those were his words. and dedicated to the proposition that all men are created equal. to determine that nation or any nation so conceived and so dedicated can long endure. those are the words that i want to see. an experiment. and that's what he thought, and experiment. and even the liberals in europe, they are looking here and saying it's a great idea and principle, but it will never work. but we will show them it does. that's what washington thought and that's what lincoln thought. and that's what people still think today. they say i want you, and i'm talking to the students now. and i say i want you to pick justice up. and i will tell you something, you know who will see whether that experiment works? it's you, my friend. it's you, mr. high school student. it's you mr. college student, it's us, but it's you. it's the next generation, and the one after that. my grandchildren and their children. they will determine whether the experiment still works. of course i'm an optimist and i'm pretty sure it will. does it surprise you that that's the thought that comes into my mind today? i'll never know. but thank you. >> president biden: i don't know that you've ever been to the white house in the lincoln bedroom, but i invite both of you to come and stay. the lincoln bedroom has against the wall, between the windows and looking out, a handwritten copy of the gettysburg address written by lincoln in the sitting room. it and bring your grandchildren so they can see it as well. thank you all so much for being here. i'm not going to take any questions because i think it's and appropriate to take questions with the justice here, he still sitting on the bench. but you will have plenty of opportunities today and the rest of the week. so thank you very much. thank you. >> harris: justice breyer with the last word there, except the president inviting him to stay in the white house and the lincoln room with the gettysburg address. it hit me that this 83-year-old man really understands where we are at this moment. and i'm not talking about the 78-year-old president, i'm talking about justice breyer. and he said the relationship, and i'm paraphrasing them now, between americans and the rule of law is every race and every religion, it hit me right in the heart that the president had made this about race and gender and his next pick while he was standing there. maybe that's appropriate to do, but i have two children and i would not treat one over the other in that instance, not one over the other. >> kayleigh: jonathan turley made a similar point yesterday, those policies identifying people based on race, ethnicity and gender is matching the ideology of the u.s. supreme court. and that you are exactly right to point that out. but one thing is i watch that, you can sense the tides kind of shifting in washington and bret baier mentioned yesterday that washington changes when you are in the middle of the supreme court nomination. there's a lot going on foreign policy wise, but what we will see on the hill in the next few months is the shifting, on from build back better, and onto what will be a very big deal, i was there when resident trump did it with amy coney barrett and reporting suggest that schumer wants this nomination to go down in a similar fashion. and in amy coney barrett's case it was a one-month process, very clean, she met with senators and meetings went extraordinarily well. we are looking to finally have a victory, finally have a win on the horizon. and mike pence was involved in the process, but the mood is shifting in washington, at least on what's going to happen on the congressional front. >> harris: so critics will look at this, and they will no doubt have a couple of questions. the timing is glaringly in your face and at the expeditious nature of choosing a nominee, he says it's his intention to have that in february after an extensive search and reading of cases and so on and so forth. but he has already put out that he is a woman of color, black women. and i will take it from the team. now did this man get ushered out so that the politics of the moment can benefit president biden? >> josh: well if you'd like me to handle that part of it. and typically what happens, they typically resign in june as they make the final decisions before the next year october resumes. and stephen breyer has already sat in front of incredibly consequential arguments, and he's heard the argument. and you just outlined with like a 30 day deal, that means you would have a new justice in the middle of april and it's a practical problem with that. if you are trying to have another liberal vote on the court, you wouldn't want it out this way. i can't help but think they made a pretty significant mistake and how they roll this out and it wasn't just to try to distract from everything else. >> emily: i just wanted to take a moment to touch on what we just saw. justice breyer is really a wonderful human and he was known as the resident intellectual on the supreme court. he talked to more than any other justice during oral arguments on i think we saw that today. what a breath of fresh air he was frankly after our president spoke and then he comes in and he's congenial, ease with it, he's crisp and clear, and to your point, unifies us. he sees us under one country, i thought it was a beautiful moment. i'm not going to focus on what we saw as a dilution of the moment by our president, but justice breyer is a wonderful man and i don't think his intellectuality at all or his competence at all is diminished in any way, he's as bright and earnest as he always has been and i wish he was saying that mike is staying on the bench. policy aside, he's a wonderful justice and wonderful servant. >> harris: he has every way and every word of what shannon bream described, the man that she and groups of journalist would go out to out lunch to his favorite dive restaurant. and i'm quoting her there. and he would let them get to know him. we will get 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