days. >> i see -- that is the guy. >> todd: you're watching "fox and friends first" on thursday morning. i'm todd piro. >> carley: james was arrested nine times in new york and three times in new jersey and charged with terroristic threat in 1990 and found guilty of harassment and sentenced to one year probation. his deeply troubling posts online never tagged social media. lauren has more. lauren. >> frank james is being held in federal lockup and expected to be charged for the subway shooting that stunned this city. a massive multi-state manhunt ensued after tuesday's chaos. james himself helped bring closure to this chase. the bizarre climax came when 62-year-old frank james called crimestoppers after seeing himself. he was at a mcdonald's and he had gone when officers arrived. witnesses saw him and called the cops. >> i see the car, police come and -- this is the guy. catch him today. this is the guy. we got him, thank god. >> the events began during tuesday morning rush hour, a train pulled into a brooklyn subway station and a man wearing a gray hoody donnetwork ed a face mask and began firing. 10 people were shot, two dozen were wounded. james became suspect number one after being linked to a -- uhaul rental. he has made terroristic threats and disorderly conduct. authorities took credit explaining how police work made his capture inevitable. >> fellow new yorkers, we got him. >> we were able to shrink his world quickly, there was nowhere left for him to run. >> james is expected to be arraigned in brooklyn federal court and likely to be charged with some form of terroristic attack. >> todd: bring in dr. oscar odom. doctor, should mayor ark dams be taking credit for this? his cameras in the city were not working and there aren't enough in the city subway to prevent stuff like this in the first place. >> yes, he should get credit, one reason why, the cameras in the city had malfunctioned, those things happen. you have to improvise if something like that happens. nypd is the greatest police department in the world, you have to pick up where anything happens and conduct an investigation. you see the suspect was captured and we got him. >> carley: when you look at his rap sheet dating back to 1995, what goes 32 you your head? some of these things are clear misdemeanors, others are not, should he have been out on the street? >> no, but what happens, in different justice jurisdictions, different laws allow him to be back out again. when you have a track record like that and there is no treatment or lockup or punishment, issues like this happen and you have something like frank james. realize, he is not jesse james, the outlaw. >> todd: will the city do anything to prevent the income subway shooting? >> this guy came from out of state and committed this type of act. the alarms are there, somebody could have been at the other station, you see how quick nypd did shrink his world with the investigators, cameras, cell phone, tracing the uhaul truck. searching the perimeter, everybody was playing detective and this shows how great the police work is. we can't be every place issue but response time was quick and you see how fast they were able to apprehend the suspect. we were able to identify him by the records which take investigation, print identification, it was a great job. >> carley: what are the plans of him being able to use the insanity plea, he did say he had a mental health issue. >> with the feds, hope that will not take place, hope he will be punished for his crime and if there is treatment he needs, he will get it while incarcerated. >> todd: interesting set up for the plea. doctor, thank you. happening now, a second -- in washington, d.c. >> carley: governor abbott making his good, we have a live before treating your chronic migraine, 15 or more headache days a month each lasting 4 hours or more, you're not the only one with questions about botox®. botox® prevents headaches in adults with chronic migraine before they even start, with about 10 minutes of treatment once every 3 months. so, ask your doctor if botox® is right for you, and if a sample is available. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said they wish they'd talked to their doctor and started botox® sooner. plus, right now, you may pay zero dollars for botox®. ask your doctor about botox® today. >> carley: back with headlines. an obama-pointed judge denying michael michael sussmann's case dismiss john durham. michael sussmann is accused of lying about donald trump's ties to a bank. michael sussmann faces up to five years in prison. the suspect that killed six people might get paid $7000. the jail is accused of being responsible when he was attacked by gang members. the decision to settle was economic and trial would likely be pushed out due to covid. martin has a criminal rap sheet dating back to 2013. >> carley: thank you, ashley. ukraine claiming victory as it says it significantly damaged one of russia's most important war ships carrying 500 russian soldiers, largest defeat of a russian ship since world war ii. >> todd: griff jenkins. >> griff: breaking news, you can see the satellite images, this russian war ship photo was taken several days ago, it is a significant ship in the black sea that was hit by missiles and significantly damaged. this is the cruiser named mosgo. it was made famous when snake island told it where to go. we are trying to get details and information on. there were unconfirmed reports, unconfirmed, it had sunk, it is significant strike to hit a war ship in the black sea. it comes as president zelenskyy didn't get everything he wanted in the latest request for weapons, but he got a lot. the list includes artillery, that is first and signifies shift in the administration position on heavier weapon and carriers, radars, stingers, javelin and switchblade drones and 11 mi-17 helicopters which can be used in combat role. the u.s. is expanding intelligence sharing with ukraine. the president biden's genocide comments are getting mixed reaction with the white house defending it and the -- questioning whether it meets the definition. watch. >> the most meaningful impact will be inn suring accountability, whether additional instances of war crime, additional atrocities and if it meets legal definition of genocide. >> press sect. psaki: he called it a genocide yesterday because it is becoming clearer each day it is putin's aim to wipe out the idea of being ukrainian. >> griff: politico is debating whether to send a delegation to kyiv to meet with zelenskyy. more likely secretary antony blinken or secretary austin. >> todd: from a military strategy perspective, how damaging is the attack to the russian war effort? >> griff: great question, todd, we've been talking and reaching out to every ukrainian source and pentagon folks, they are just waking up now. i can't recall the last time a major missile cruiser war ship of any country was hit, let alone sunk, if the reports are true. this is significant hit. common knowledge most modern war ship have their own missile defense system, so how this happened will be fascinating to learn and significant damage that was done to it. for sure, you can bet it is a moral booster for ukrainian sources. >> todd: i'm thinking battle of midway is popping up in my head and that was a very long time ago. griff jenkins live this morning, thank you. the polls not looking pretty for president biden. >> carley: his approval rating just hit lowest number yesterday in the midterm. numbers coming up quickly, we'll be talking to joe concha coming up next. ♪ at booking.com, finding perfect isn't rocket science. kitchen? sorted. hot tub, why not? and of course, puppy-friendly. we don't like to say perfect, but it's pretty perfect. booking.com, booking.yeah. if your moderate to severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks choose stelara® from the start and move toward relief after the first dose with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine. pres, a rare, potentially fatal brain condition, may be possible. some serious allergic reactions and lung inflammation can occur. feel unstoppable. ask your doctor how lasting remission can start with stelara®. janssen can help you explore cost support options. >> carley: fox weather alert, what could be one of the biggest blizzards in a century blankets one montana town. seeing 47 inches of snow in one night and wind gusts reaches 40 miles per hour. >> todd: one tornado reported near louisville, kentucky. this incredible photo shows trees and glass left smashed in the streets. senior meteorologist has the fox weather forecast. janice dean. >> janice: it is time for fox weather to happen, been active in terms of severe storms and record-breaking snow for montana. pony, montana, 47 inches of snow is a record for this time of year and that cold air is going to remain in place, more snow on the way. this pattern set up cooler air, the warmer air and we have a ridge of high pressure blocking things, so the front is stalled out and we have seen days of severe weather in the same region. severe threat will start to move across the east coast bringing hail, damaging winds and isolated torn other than to -- tornados. we could see hail and isolated tornados. that will move through the east coast. cold enough for snow for the mountains of california and northern plains. snow still to come, several inches and could see a foot in the rockies. incredible this time of year. there are temperatures, i will tell you, in new york, 70s today and ridge of high pressure blocking us from the really nasty storms bringing warm air up to the northeast. enjoy. >> todd: when we walked in today, ah. >> janice: it felt like spring, i know. >> carley: thank you. >> todd: president biden approval rating all-time low as voters fed up with his failure to address sky rocketing inflation and border crisis. >> carley: 33% of americans approve of the job the president is doing and 54% disapprove of the president's job performance. >> todd: here to react is fox news contributor joe concha. is this the floor or could it get worse for biden and harris? >> joe: if this is the floor, then that is very, very bad, right? when you consider that joe biden's old boss and barack obama was about 10 points higher than joe biden at right now and lost 63 seats in the house in his first term in 2010, that is a scary thing, it seems to be an impression thing, guys, this president is too old, he doesn't work that much and his instincts are wrong. once you have those three things in place, how do you undo that, unring that bell? on five major fronts, when talking about flation, and crime and border and education and foreign policy, how are things going abroad, is the world unstable, those things are going in the wrong direction for this president and more people think he is not the guy to solve the problems, certainly not in the income five months before the november midterm, so here we are right now issue the democratic party certainly knows what is coming in november, we've said it before and will say it again, not a red wave, a tsunami. >> carley: the president's approval rating was not that bad until the withdrawal from afghanistan, he hasn't been able to recover ever since. the administration went through a reboot, they were going to have joe biden speaking to the public more, kamala harris was going to be traveling more. it is not good. >> joe: grit tidbit, we go as far as talking about this next topic, which is so important, that the president himself needs to sell his agenda, go directly to the american people. he's done one interview in 2022. one. think about that, that is because jen psaki, who running the communications team for this president and his handlers and ron ron klain and others in the white house think if he does an interview, even if they are cotton candy questions, they will have to clean up on aisle five afterward and be a net negative instead of net positive in this situation. talk to democratic strategists and we had one story on the hill yesterday who say the losses coming upon be biblical proportions. mass hysteria to quote bill murray in "ghostbusters," i believe it was issue todd. i don't think how things can reverse unless they talk to the press, go out and campaign like it is a campaign season and sell your agenda and the white house is not willing to do that. >> todd: the numbers we just showed, staggering, only 22 interviews from joe biden obama 156 and trump 92. unreal numbers. they will keep a lid on him until the midterms. not keeping a lid on you. >> carley: lidless. >> todd: lidless joe. >> carley: bus full of migrants just ark arrived in washington, d.c. as governor greg abbott brings them to the biden administration. >> todd: dr. kevin roberts reacting to the new republican strategy on all of this, he's coming up income. my a1c stayed here, it needed to be here. ruby's a1c is down with rybelsus®. my a1c wasn't at goal, now i'm down with rybelsus®. mom's a1c is down with rybelsus®. 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(♪ ♪) ask your healthcare provider about rybelsus® today. >> carley: a second bus carrying migrants from texas to washington arrivin an hour ago, afterthe first one ark arrived yesterday. >> todd, good morning, they just arrived in the nation's capitol. one said he flew to mexico, and had been given a free smartphone, a number of migrants held up their cell phone. 13 got off the bus, from cuba, nicaragua. a woman led them across the street to union station and asked the migrants, are you train, plane or bus, some want to stay in washington, texas governor greg abbott spoke about why he is sending illegal migrants to the capitol. >> there is no idea about the chaos they have caused by open border policy, if they are not going to the border, i will take the border to them. >> yesterday a group of young venezuelan men, to those who entered the country, do not come to florida, life will not be easy to you, we are upholding the laws. migrants are feeling emboldened and some taking selfies after crossing into the united states. at the white house, jackie ibanez asked about migrants being bussed to washington. >> jackie: do you have reaction to this bus load of migrants arriving in d.c.? >> they have been processed and are free to travel, it is nice the state of texas is helping them get to their final destination. >> more than 50 house republicans have written president biden's dhs chief warning about sending them to the border. >> carley: lucas, thank you. bring in dr. roberts, president of the heritage foundation. you heard jen psaki react to the bus loads of migrants being released in washington, d.c., how do you feel about it? >> the way i feel about it, to be honest, this adopted texan, it is difficult to be polite. two months ago, we would have been put in prison in washington, d.c. if we didn't show a vaccine mandate passport. we have 750,000 illegal aliens sent to the interior by the biden administration, 600,000 have gotten away. having said that, i'm proud of governor abbott for taking this step, this is a problem the federal government, biden regime created. we need the governor of texas to do what he's doing, be creative and innovative and if he wants to send the income bus to 1600 pennsylvania avenue, the heritage foundation will sponsor it. >> todd: how can the president secretly fly migrants issue but not support governor abbott's -- >> press sect. psaki:'s pithy statement notwithstanding. >> you know that i like to be polite, cheerful warriors at heritage foundation, it is time for jen psaki to retire. you get straight to the heart of it, this is federal government domain, immigration and immigration policy is 90% federal concern, it is neither democrat nor republican problem, when you visit the border as governor abbott refer to, people on the border, realize this is a crisis. when he uses the word chaos, it is not a politically charged term, the president of the united states, his cabinet secretaries have not lived up to their oath of office, all americans need to recognize this is human disaster, it is a crisis, not good for the migrants coming here, and to your point, todd, this is a problem for every city, every county, every state in america, i'm glad we aric taking bold, creative action to highlight what a problem it is. >> carley: this is a problem for every city, every county, there are migrants being released in westchester county new york and other cities, jacksonville, yuma, washington, d.c. and then yesterday the biden administration decided they wanted to continue to have that mask mandate on planes. they are saying the pandemic is bad enough to be masked up on public transportation, other hand, they will remove title 42, a pandemic policy. how does that make sense? >> it is total hypocrisy, your viewers don't need me to connect the dots. keep in mind title 42 is common-sense policy put in place by the trump administration to control the spread of covid. to your point, carley, biden and his bureaucrats are telling us covid continues to be a problem and we know that is not true, this is a political charade that takes away our freedom. they will create different set of rules for illegal immigrants and it is raises question, what is the end game here? i hate saying this, but it is true, end game, intention of this is to upend the way of american life, fill voter roles with people who are illegal and will vote for radical leftist democrats. every hour of everyday, heritage foundation will fight with every ounce of power we have. we are tired of it, americans are tired of it. >> carley: dr. kevin roberts, thanks for joining us this morning. we appreciate it, as always. nationwide, victim to gun violence with over 400 killed since january. including nine-year-old arline, the little girl died on valentine's day after a man shot at the car she was riding in with her family. her mother, wendy alvarez joins us now. thank you for coming on. what happened to your daughter? she died on valentine's day, what led to the events? >> good morning. we were going to dinner and we experienced a tragedy that was happening and there was gun violence and sadly we were the victims at the moment and we got shot multiple times. i just start to cry and my daughter got shot, killed the day of valentine's. >> carley: it is so understandable, we're showing beautiful images of your daughter on the screen. i understand the person who shot at the car that you and she were in thought he had just gotten robbed and he thought the robber was in your car and shot into a vehicle. no excuse there. is he in jail now? >> no. he is still out on bond and we still have no -- we haven't found anything about the robber. yashgsy he's not in jail yet. >> carley: how do you feel about that? >> angry and it is unfair that he has a choice and my daughter didn't get a second choice and executed for life because i don't have my baby here. i didn't get a second chance, my daughter didn't get a second chance. it probably was meant to be in god's plan, but i don't think so. >> carley: is it true, you will be speaking to governor greg abbott, has that already happened? do you think he will try to intervene and stop these killings from happening? it is not just your daughter, over 400 children have been shot so far this year, we're only in april. >> it hurts me so much every time we turn on the tv, i feel like there is shooting after shooting, killings and i really do hope something comes out of this. i do want to meet him andir have faith he will help us out because this has gotten out of control and we need to come together, and protect our state. i didn't have this growing up, i am here because none of this upon happened. my daughter didn't get to be here because of gun violence. there is a difference, if the governor helps, there will be a difference. >> carley: something needs to change, you can't see her, but your daughter is still with you. thank you. >> todd: just not right. vee via taking the fight to the supreme court and 15 other states joining suit. the attorney general is here to tell you about the case. let's go on the open road with a safe stay! now get double best western rewards points on every stay. joining suit. the attorney general is here to tell you about the case. supreme states joining suit. the attorney general is here to tell you about the case. s fast! book now at bestwestern.com. when tired, achy feet make your whole body want to stop, it's dr. scholl's time. our insoles are designed with unique massaging gel waves, for all-day comfort and energy. find your relief in store or online. >> todd: largest increase on record, sign inflation is not going away. >> carley: former economist is throwing cold weather on the putin price hike. cheryl casone joins us live with more. cheryl, good morning. >> cheryl: good morning. 11.2%, look at that, wholesale prices, which eventually make their way to the consumer. the numbers should surprise no one according to jason furman. >> i believe in low unemployment rate, i like to run the economy hot. boy, did we throw every log on the fire at once and start to burn the house down issue not good. >> cheryl: he's talking about the stimulus money flooded into the system. the fun continues at foxs, we'll get retail sales that will reflect inflation levels we've seen and get unemployment and job numbers. >> todd: 15 more days to stop the spread, cheryl. >> cheryl: i'm not sure how to react to this. the cdc to no one's joy this morning, extending mask rule for public transportation. to applause of no one, twoeck wooes to stop the spread, it will not do it. groups are pleading for rules to expire, one host thinks it should be in effect longer. >> why only 15 days? >> i think because it is a moving target and we want to see what the pattern is in the united states. i think making a decision for april 18th, i would agree we need more time. >> cheryl: you know, airline ceos point out people are allowed to congregate at restaurants, schools, and none have air filtration systems airplanes have. i have looked at the data and there are numerous studies about the air on airplanes, no one is getting covid on a plane. yeah, let's keep mask mandate for another two weeks. >> carley: makes no sense, frustrating. >> cheryl: the rules don't help, okay. >> todd: 15 more days, virginia fighting discriminatory policy at virginia high school. fairfact high school scrapping admission program to boost diversity. virginia attorney general jason miyares joins me now. in 2022, why are some people promoting racism while at the same time diminishing achievement? >> you are right. thank you for having me. what you are seeing with the fairfax board, biggest form of bigotry is antisemitism and now there is antiasian bigotry. thomas jefferson high school is popular magnet school in northern virginia. the school board decided you are the wrong minority, you have too many asians at your school. that was the school board's purpose, reduce number of asian american students attending the high school. my office stands for equal protection, no child should be denied going to school because of who they are and what they look like and that is what the fairfact school board push and we decided to step in and fight on behalf of the coalition of thomas jefferson. treat everybody equally, that should be our goal as all americans. >> todd: this is case between two parties issue you and 16 other states filing a brief to join in this case at the supreme court. we'll pop up the states now. the ramifications of the case extend beyond virginia, what would a win for parents mean nationally? >> well, listen, the coalition for thomas jefferson, the parent that stood up for this were being told they saw children being denied their dream. one parent said my child had straight a's since first grade and her dream has been to attend thomas jefferson high school and i have to tell my daughter you will be denied because of who you are. i think the ripple effects are seismic, chief justice john roberts said the best way to stop discrimination is to stop discriminating based on race, that is what the school board did when they wanted to ark chief racial balance. what we believe, this is an amazing country, go chase your dream, no one should have their dream denied because of who they are. >> todd: why doesn't the left realize they are losing the battle against parents? >> well, i mean, that is a lot of what we saw in virginia last year, our campaign, governor yufrng youngkin matters. the state went for joe biden and realize they were pushing parents aside. i remember a mom coming up to me and said i voted democrat, i'm changing my vote because policies, democratic politicians have forgot an important principle, never get in between a mother and her child and that is what we've seen in virginia. we are seeing this fight across the country and empowering parents. what is amazing, our own virginia law, parents have right to upbringing of their children. we have politicians that have forgotten that. tobing >> todd: makes no sense. republicans demanding answers from merrick garland about the hunter biden investigation. your mis >> carley: -- is here next. rheumatoid arthritis. and take. it. on... ...with rinvoq. rinvoq a once-daily pill can dramatically improve symptoms... rinvoq helps tame pain, stiffness, swelling. and for some...rinvoq can even significantly reduce ra fatigue. that's rinvoq relief. with ra, your overactive immune system attacks your joints. rinvoq regulates it to help stop the attack. . . including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. talk to your rheumatologist about rinvoq relief. rinvoq. make it your mission. learn how abbvie could help you save on rivnoq. >> carley: house republicans are pushing for a brief tax probe very little shared with the public. >> todd: brooke joins us with more. >> good morning, guys. that's right. 14 house republicans are telling the justice department that this imperative they get briefed on the federal investigation into hunter biden. the lawmakers writing, quote: congress has a constitutional obligation to conduct oversight of the executive branch and a moral obligation to examine if the president of the united states or any other senior official in his administration is ethical compromised or injured. and on the other side of the capitol, senator ron johnson is calling out the president's son over the more than $6 million malibu mansion being rented for his secret service detail costing taxpayers $30,000 a month. johnson telling the daily mail, quote: you would think with all the news coming out about how hunter biden peddled influence and profited off his father's position and family name he might try to keep a low profile and conduct himself in ways that limits taxpayer expenses because of his lifestyle but you would be wrong. johnson said malibu is a nice place for grifters like hunter but very expensive for his security detail. johnson and senator chuck grassley are currently investigating hunter for allegedly corrupt deals with a chinese oil giant while a federal criminal investigation for tax fraud, money laundering and illegal lobbying is ongoing. carley, todd? >> carley: all right, brooke. thank you. texas congressman michael cloud one of the 14 demanding answers and he joins us now. congressman, good morning. i understand that your concerns are much less about hunter and much more about joe biden. what kind of questions do you have that you want answered? >> well, this is really about restoring the rule of law and justice in our country. our society is seeing an erosion of that. we are seeing duplicity all over the place, whether it's at the border, whether it's with covid restrictions and now in the department of justice. this is unconscionable. we have pappa joe saying is he absolutely sure there were no ethics violations at all and he knows this, of course, because he has had absolutely no conversations with his son about his belings business dealings. now, lot jik on that just falls apart on itself but we have seen since then emails came out we were told were russian disinformation asking for him to weigh in his influence. we have seen text messages come out saying that he seemed to be getting a cut of hunter biden gist business dealings this needs be looked into. we need to see what is going on and make sure our white house is not behold ton foreign powers. >> todd: congressman, you mentioned the border. the second bus of migrants arriving in washington, d.c. from texas. this as mexico, they are actually warning of the chaos that can ensue following title 42 being lifted. so we got mexico, we have many democrats saying this is a problem if we get rid of title 42. why doesn't the white house seem to get this? >> they had different objectives than most of america. that's what's tragic about what comes to the border. several trips taken to the border the last year the thick we hear over and over and over again is title 42 is the only thing holding together any sort of semblance of border security right now. and that's a thread at best right now. and so the fact that this administration is willing to move, we met with secretary mayorkas last week. and he seemed to completely wash his hands of it the cdc, we have nothing to do about it why don't you step up and talk to them about this situation at the border. well, it's just a no go. but this administration seems intent on bringing individuals in. they know the results of their decisions every step along the way. if we wanted a security border. all he had to do from the very beginning was absolutely nothing. he has done everything contrary to that to unravel any sense of security at our southern border. >> carley: that's absolutely right. we talked to a lot of lawmakers and people who work in border patrol and they say that it's not just gonna be impacting your state of texas. every town is now a border town because it's gonna be affecting all of us. congressman, we have to leave it there. thank you for joining us this morning. we so appreciate it. >> thank you. god bless. >> carley: god bless you too. everybody out there as well. >> todd: "fox & friends" starts right now a very busy show. i'm sure they are going to have one as well. bye-bye, everybody. ♪ ♪ >> anything to say. >> frank james hours away from first court appearance. this person has a very, very long rap sheet if prosecutors got him behind bars he might not have got a gun. >> second bus of migrants from texas arriving in washington, d.c. these are all migrants free to travel. it's nice. >> you do your job. i'll do mine. >> joe biden's approval rating lowest ever. >> these numbers are abysmally low but