manhattan's east village. cops got him. james faces a federal terrorism charge for the morning rush hour attack. 10 people shot, 19 others injured. detectives say there is no indication he had any ties to a terror organization. they don't know why he turned a subway car into a shooting gallery. the background of him are familiar. a long rap sheet. larceny. procession of burglary tools. theft, disorderly conduct. he pleaded guilty on several charges and get this, 1991, all the way to 2007. a new york city councilman says james should never have been on the streets or allowed to purchase a gun. >> this person has a very, very long rap sheet. in most states if he was a felon and prosecutors put him behind bars and charged him to the full extent of the crimes he was accused of he might not have gotten a gun. if we talk about ghost guns let's talk about prosecuting people that we've arrested and most likely to be repeat offenders in these situations. >> harris: all right. the mayor has said that crime is a perception on the subway. let me show you why it's not. crime on the subway overall is up 68% compared with last year. it has been going up actually for quite a while. felony assaults up 30% and overall arrests were up by more than 50%. it takes a lot of cops to get that done and you know how the city has a little tendency to reallocate funds. jason rantz says the political left had better wake up. >> this is obviously showing and really highlighting how bad the problem has become. they lost so many officers within the nypd. they went through the staffing exodus the same way so many other cities that are dealing with this crime experienced. and what that led to or at least what it helped to create in part because of those policies that emotion bolden the criminals created a culture of lawlessness. >> harris: it called the shooting a reminder of our leaders' failures. "wall street journal" op-ed calling out the new york state of fear. another post op-ed says the city's leadership must get serious about crime. tammy bruce, fox news contributor, fox nation host in "focus" now. a lot coming to the forefront now about this particular suspect. we don't know what we don't know. could be more but one thing we're sure of, there is a resolving door in this city and who benefits? the criminal. >> indeed. when you have that list of what he had already been convicted of or pled guilty to. criminal sex act. we know it was a plea down. we don't know what that was. was it rape, assault on a child? we don't know. we don't know what these things mean. the fact that he stayed out and able to maneuver around indicates he didn't spend a lot of time in jail. we're dealing with when it comes to the nature. jason is great in seattle and he sees the same thing happening there. when there is a signal from leadership that either they don't have the back of the police, there are fewer police, a mood is whether law enforcement matters a guy like this will feel more bold. interesting that he chose to do this after years of being hostile and talking about racial issues and now is when he acted. perhaps he felt now was the time. ist is what one does in this city. it is obscene and dynamic. even his life. if there was a genuine legal intervention with this man years ago maybe he would be living a normal life. if he had been intervened with early. >> harris: i don't like to use the word irony but it is ironic the same political left folk would argue in favor of social services and all of that and that does play a role. my mom was a social worker for decades. >> we were on welfare on the other end. >> harris: you know social services play a role. in this instance were they never applied? >> right. not only for the people it impacted by crime but for those individuals who can be saved earlier on, they are abandoned ironically by the left they're abandoned in their name. there has to be more freedom. leave people alone. law enforcement is the problem. in fact if someone is arrested sometimes it can get them out of that pattern. or at least get them the assistance they need. breaking the chain of violence and desperation. >> harris: i want to get to this. you mentioned social media and so did the mayor of new york eric adams. let's watch that. >> why aren't we being more proactive. instead of waiting for this to happen. there is some responsibility on social media industry and the companies are leaning to while we're watching these postings and these threats every day and no one is giving an early warning sign to law enforcement. >> this is beneficial. that's like the canary in the mine shaft. that's the compulsion to confess come get me is what those postings are. whenever anyone does them. it is like i'm going to do it. it's like a kid saying i am going to do it. we have to stop them. he is complaining about social media and all of that when this is what leadership is for and what you noted in the beginning. other mayors, governors, politicians, this is what they are supposed to do. it's not our job. it's why we have them. that's their abandonment and the f.b.i. have been too obsessed getting the maniac activity parents going to school board meeting. if they were focusing on what's for like this guy. this is one guy. what else is going on? >> harris: we don't know what we don't know. what caught my ear on what the mayor was saying is we can be more reactive. does he mean himself? because he had just said it was a perception of crime in the subway. then he was going to do something about it. in the lag of actually taking action, someone else took action sadly. all right. we'll move to this. a "washington post" columnist says parental rights laws in states like florida are not all about parents at all. she claims this is the true republican strategy, quote, pass homophobic and transphobic bills in neutral language and pretend liberals are crazy for calling the bills homophobic and transphobic. she compared the laws to black people being denied gun permits. of course, not everyone sees it that way including parents. you know i live in full disclosure new jersey. parents there are calling out the proposed curriculum with lessons that include gender identity for second graders. the governor got a load of backlash in the last couple of days. governor murphy says he will he reval wait the lesson plans but he said our learning standards have been misrepresented by politicians seek to score political points. i can read. i don't know what he is talking about. why does he feel like he needs to listen to parents if they got it right in writing? >> the parents are making their own judgments not waiting to have a politician telling them who you to respond to something. we're responding to this. i think in a natural way. at the same time you have this now politicized this are both ends in a certain sense. you have now the left who have said this is about homophobia if you want parental rights or support that. but ironically for the show today that is what the -- i should say the big ots of the last 70 years are saying about the gay community. this is what is so bizarre. to plant that flag, reinforcing this false idea that the gay community wants access in this way to children especially 5-year-olds 7-year-old and false and defamatory but to call parents biggest because they want to have moral authority over their children is the other extreme. you are not a bigot, bottom line. it has nothing to do with are homophobia or anything else. about parental rights. little children being little children and their innocence and adults not putting their political issues onto our children. both sides are aligning against each other and we in the middle are the vick timtion -- victims of this. >> as a member of the lbgt community you only speak for yourself. >> whether they are in that lane or not they're preaching and we have to go to their church i guess because he is my governor. >> this is where we have to remember we're in charge of this and for those who are minorities, racial minorities or sexual minorities we don't all think in one fashion. that people have political agendas and we seem to be used as a fetish that we're the ones who get held up and if that is increasingly irritating and has to sto. it does not represent us in any fashion. >> harris: let's go to jen psaki. white house press secretary. tammy bruce, thank you. we'll get to trey in the field in a moment. >> we are going to use the word genocide in his ?ra, >> he is the president of the united states and leader of the free world and he is able to make his views known. we shouldn't misunderstand who he is and where he stands in the totem pole. which is at the top. >> harris: thank tammy bruce as we work our way to trey yingst. the white house defending president biden calling the war in ukraine genocide. the united states announced a new weapons package for ukraine and ukrainian forces say they hit the flagship of a major russian fleet in the black sea that forced the entire crew to evacuate that ship. more intense shelling by putin's war machine in kharkiv, the nation's second largest city. united nations is warning ukraine's water supply is about to collapse. what will the people do? trey yingst, we come to you quickly in the capital of kyiv. trey. >> good morning. a major development overnight as ukraine hit the russian missile cruiser. this is the flagship vessel of the black sea fleet and normally has 500 sailors on board. it is a major act by the ukrainians. massive amounts of ammunition there including torpedoes and anti-aircraft missiles. there are mixed reports if the vessel sank or not. russia confirmed the incident took place. here is what ukraine says happen. >> in the black sea reason it was ship by anti-ship missiles. russian ship sustained substantial damages. a fire started. other ships tried to provide assistance. but powerful explosions of munitions turned over the ship and it started sinking. >> the development comes as intense russian shelling continues in the second largest ukraine city of kharkiv and today ukrainian forces say they blew up a bridge in the area destroying an entire russian military column. civilian casualties rise and officials in kyiv are telling residents not to return fearing further russian military attacks. on the 50th day of the war in ukraine major concerns for the civilian population. the executive director of the world food program and more on the concerns he has later today. >> harris: trey yingst, thank you very much. let's move to illegal immigration where a second bus load of illegals from texas has arrived in washington, d.c. the white house is responding after dismissing texas governor abbott's promise calling it a publicity stunt. plus this. >> it is hypocrisy. i didn't see any of the illegals wearing a mask when they came to the united states. at the same time you are continuing to extend mask mandates in the united states. >> harris: critics calling out the hypocrisy that we can see plain on the screen. the biden administration extending the mask mandate on public transit and -- ari fleischer in "focus" next. no one deserves the american dream of homeownership more than veterans. at newday, you can buy a home with no down payment. and rates are still near the lowest in history. already own a home and need cash? 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when the governor says the administration won't come to the border and we'll bring the border to them he is 100% right. i live in westchester county, new york with all the midnight flights bringing illegal immigrants to my home county. what is wrong with the governor of texas bringing people to washington, d.c.? they need to live it, feel it and see it the way people in the border states do. it's an act of desperation. they're overwhelmed and overcome. >> harris: governor ron desantis is looking at doing something just like this. >> he should. i think all governors should do this. washington, d.c. especially the democrats who control the congress and looked the other way want for their political interests to have people come to america illegally. there is no distinction morally or legally between someone coming legally or illly. these people need to see the situation. i hope there are thousands and thousands of people brought to washington, d.c. let the district of columbia handle it and let president biden handle it. why do the states have to get overwhelmed with it? this is the federal government's creation and the federal government needs to live up to its obligations. if they won't bring them to washington and force it on them. >> harris: you were the first to call out a stunt when you see it. you see merit in this. if they think abbott and desantis are kidding, the people are arriving. >> after two years it is not a stunt. they are fed up. this is despair. >> harris: republicans are ripping into the biden administration over its extension of the travel mask mandate as they are ready to lift the title 42 at the border which is what we're talking about. that wipes away the way we were dealing with people who might come in with covid and keep them south of the border. now they can flow in. we don't have the capacity to test them all. we're giving as many as we can masks. anyway, senate minority leader mitch mcconnell says this white house is using the pandemic as a pretext to shamelessly pick and choose liberal policies to advance. senator tom cotton said this. talk about putting americans last. kentucky congressman james comer said this. >> it's just hypocrisy. i didn't see any illegals coming to the united states. every person in the airport is wearing a mask. 2 million people coming across the border aren't wearing masks. >> we try to mask them as they come in but what kind of job can that be. the border agents are under so much pressure dealing with the onslaught of people. >> just from a public health point of view if there is a public health crisis that requires us to wear masks to save life that every one of us should wear a mask everywhere. they act as if covid is only spread by americans. if you are an illegal you won't spread covid. we will treat american travelers, people who legally board airplanes as if they have covid so they have to wear a mask. it makes no health sense. you can't pick and choose. it is either that bad we need to mask up. these airports have huge ceilings. the ceilings have to be 100 feet high and they are saying you have to wear a mask in that environment but not at the hotel you stayed at on your way to the airport. it makes no sense. harris, this is government saying don't just stand there, do something. even if the do something has no impact and no meaning. this is government at its worst. >> harris: we are entering the third year of this and it is flat like old soda. inflation hitting another 40-year record. new labor department statistics show wholesale inflation hit a record high. it surged more than 11% last month from a year ago. retailers will likely pass on those costs to consumers as americans are already struggling to afford just the basics. now everything gets more expensive, not just the stuff you can't live without. wholesale cost of vegetables up 82%. grains up 40%. that's the stuff we can't live without. amazon now says it will charge sellers a 5% fuel and inflation surcharge for the first time in the company's history. now let's get to some of the stuff we don't need. maybe we don't need everything off amazon. which employs a lot of people. price hikes have spiked big bipartisan concerns. democratic congressman hines says if we're serious about the middle class it's different from the way it was 70 years ago. the biden administration continues to blame prices on putin and republicans warn inflation will get worse. >> seems to me we're clearly in a wage/price spiral worsening each month. the president? denial about this as well as he was about inflation and the worker shortage. >> the reason this hurts so much, harris, i was trying to think about this. if you hear the deficit went up $100 billion you know it's bad but doesn't touch you. social security fund that will go broke. it doesn't touch you. when you fill up your vehicle with gas, when you go to buy milk and eggs and travel, everything going up touches people every single day and why joe biden will take the brunt of the blame for this not vladimir putin. the single most important thing he could do would be to unleash america's energy supplies. if we had more gas, if we had more oil energy wise. he won't do it because of the green new deal. >> harris: he is already breaking the green new deal. we're willing to buy oil from venezuela, he is not serious about green energy. >> he will break the green new deal with permission but not break his fundamentals. he can't. joe biden is doing to america what german leaders in the early 2000s did when they shut down nuclear power plants and said we'll depend on russia. no difference. biden is diminishing america's fossil fuel supplies because of his adherence to the green new deal. >> harris: what you said was the line of the year comparing him to what the germans did with russia or what europeans did with russia leaning on them ever so much. wow. >> you shut down one source, you open up the other. >> harris: thank you so much. >> thank you. >> harris: just when you thought hunter biden couldn't get more bizarre and potentially dangerous like we don't know what kind of influence these people have that he was hanging with. now the president's son and foreign business dealings are linked to the family of a notorious crime boss. the big one, the actual big guy. plus this. >> instead of going to the simple answer and changing course and admitting failure the biden administration just doubles down on what's not working. >> harris: that could explain the president's latest poll numbers. buckle up, biden. power panel next. your spirit is stronger than your highs and lows. your creativity can outshine any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs. once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly dementia patients have increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. movement dysfunction and restlessness are common side effects. sleepiness and stomach issues are also common. side effects may not appear for several weeks. you are greater than your bipolar i. ask about vraylar and learn how abbvie could help you save. 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"politico", a sour and angry america poised to punish dems this fall. npr, house democrats know mid-terms will be a tough race. "new york times," bracing for losses, democrats look to biden for are reset. what would a biden reset look like? >> i think when we're talking about inflation, which is i believe is the topic, we want to look at the world. you have to look globally. countries across the world are experiencing high inflation. if you want to talk about a recovery i think what you need to do is hold on because joe biden is acting in the best interest of democracy, of america and the world when he punishes putin for war crimes. we can all agree on that. if you talk about recovery are voerts at home you have to look at reagan in 1982 facing very high inflation numbers. his polling numbers were also extremely low and over the course by his fiscal policy which mirrored biden's and by holding on and reminding americans that we can get through tough times together he did recover and had a resounding reelection in 1984. that's the path for biden and the democrats. there may be some short term pain and we certainly feel bad for americans at the grocery store and gas station. >> harris: and i want to move quickly here. forgive me for talking over you. you gave -- reagan didn't use anybody. >> i don't think he is using putin. >> harris: what does a reset look like? >> she is missing one little part there. 1982 for ronald reagan was a disastrous year for republicans and that's what we are talking about, the mid-term election. maybe biden can turn it around if he even runs in 2024. putin is an evil person, no argument here. putin being charged with war crimes doesn't lower my gas prices or milk prices. we need to keep the focus on what's happening at home. that's what voters will vote on. >> harris: a controversial feminist author is facing major backlash in a twitter thread claiming that stay at home moms create worse, more sexist men. here is what she tweeted. sounds good, the problem with paying people to stay home with kids, though, is one, we're overwhelmingly not talking about people. but mothers. pushing women out of work comes with overwhelmingly negative consequences and later tweeted stay at home mothers are psychologically and emotionally worse off than working mothers by just about every measure from depression, anxiety and anger and more likely than working mothers to say they're struggling and less likely to say they're striving. one critic responded this way. why not just let women choose? not everyone is wired for the rat race. laura. >> well, i think if you look at the data to back up her claims you will find she is right. 2014 study showed that men in traditional marriages where the woman stayed home were more likely to view women less favorably in the workplace and deny promotion to qualified women. so you can see there is some data that backs up her claims. i agree with you. we have to support women with the child tax credit which doesn't say whether you stay at home mom or in the workplace that child tax credit eradicates poverty in 50% of households. we have to support childcare for working women and i don't think we're opposed to maybe giving a tax credit to women that stay home. i think you can support freedom. something that is not supported in today's economy which we saw during the pandemic. i have think we naoed -- need to get on the bus with helping stay at home moms and women in the workforce. we see it for what the democrats are proposing. we have to get childcare funding immediately. >> harris: there should be choice on what we -- have you ever stayed at home with your kids as a mom you are working hard and give women respect on whatever their choices are. matt. >> talk about women's rights and freedom to choose. it doesn't extend to what man or women decide to do. don't come after women or men who choose to stay home and make their own decisions or ridicule them or make bogus assertions about everyone's behavior and sexism that has a different lifestyle than yours. this has been percolating in the far left for years. >> i would just say this. she is not demonizing stay at home moms. this is talking about -- an argument in the beginning about whether to pay stay at home moms and finance childcare. an argument between liberals. ask the republicans what are you doing for stay at home moms and working women impacted by the pandemic? that's what we're talking about. >> harris: direct question. we have to go. >> we're not calling the family sexist for one. >> harris: thank you both. elon musk with a shocking proposal. he has money and cash to burn. he is going to buy twitter outright. that's what he wants. he made an offer. explosive testimony to johnny depp's lawsuit against his ex-wife amber heard. >> amber was saying come on, baby, why are you being like this? what are you doing? come on, johnny. why are you being like this? and it was taunting. in addition to the substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. pain happens in many forms. but that doesn't scare blue-emu. delivering fast-acting pain relief in a cream, spray, and lidocaine in a soft-foam applicator. blue-emu works fast and you won't stink! an official partner of nascar. i booked our hotel on kayak. it's flexible if we need to cancel. cancel. i haven't left the house in years. nothing will stop me from vacation. no canceling. (laughs) flexible cancellation. kayak. search one and done. xfinity mobile runs on america's most reliable 5g network, but for up to half the price of verizon, flexible cancellation. so you have more money for more stuff. this phone? fewer groceries. this phone? more groceries! this phone? fewer concert tickets. this phone? more concert tickets. and not just for my shows. switch to xfinity mobile for half the price of verizon. that's a savings of over $500 a year. switch today. >> harris: twitter is either a massive platform for free expression or a bunch of executives suppressing conservative speech. elon musk has offered to buy twitter. >> this offer is coming to a crescendo here. he argued that twitter no longer served the social imperative of free speech and needed to be transformed and promised to unlock the potential and warned it is his final offer. musk has hired morgan stanley to advise on the deal and value the transaction at $43 billion. 38% premium over the day before elon said he would become the biggest shareholder. the twitter board started meeting just under two hours ago. in a statement they said the twitter board of directors will carefully review the proposal to determine the course of action it believes is in the best interest of the company and all twitter stockholders. that last piece is crucial. the board has -- it may end with twitter accepting the bid but possible the board my push back under valuing the stock as it is trading at $45.50. how will he finance this? the richest man in the world but most assets are tied up in tesla stock or whether it makes sense for elon to own it. he may have a vision for free speech but doesn't always translate to execution and he will face government -- the sec is scrutinizing his transactions, target of a class action lawsuit for not disclosing his initial stake in twitter and employees were already threatening to walk out. we won't need to wait long for more developments. he is speaking at the ted conference in an our or so. >> harris: good to see you, kelly. johnny depp, ex wife amber heard in court for day four. there are cameras. it's a high profile defamation trial. the pirates of the caribbean star suing heard after she wrote an op-ed saying was a victim of domestic abuse and depp said it ruined his career. >> and she says johnny came by last night and he got violent so i'm changing the locks on 1, 3, 5. >> did you notice marks on her face when speaking with her? >> no. >> did you see any bruises or redness or notice any swaelg? >> no. >> harris: famous witnesses expected to testify james franco and elon musk. he will be testifying for heard. actor for depp. a fox news legal analyst in "focus" now. talk to me about the case and where you see it going for six weeks. >> certainly there will be a who's who cast of individuals who will testify. but testimony. so far depp's sister and he grew up with a violent mother and hid from her and how johnny depp is not someone who could have been a violent individual given his circumstances growing up in a violent home where he had to hide himself to avoid any contact with his violent mother. that came in. it is compelling he testified yesterday that amber heard came and said johnny depp was violent to me last night and she has no marks whatsoever. that's great compelling testimony but you are going to see that amber heard's legal team will now break away and say you are great friends with depp and been friends with him for decades and you have explained and we have evidence to show that you have this very deep connection to johnny depp. many of these witnesses will come forward and they will defend johnny depp and say he is a great person. the opposite will be when amber heard takes the stand all eyes will be on her as well. we already know, looking at when johnny depp tried this against his son a few years ago with another defamation suit against a publication and said wait, you made these outrageous allegations and they aren't true. the judge there said the article was substantially true and relied on what was already filed in their divorce proceedings. we have picture of amber heard and we've seen it before with swelling on her face and markings on her face claims they were done at the hands of johnny depp. it is problematic when you have another judiciary. different standard. in england very different but you still have the underlying decision that says hey, there was truth to what was said. >> harris: let's get to hunter biden. the characters around this guy. president's son, drugs, prostitutes, overpriced artwork, shady business deals, accusations of cashing in on the family name. could it get anymore intense and crazier, two emails tie hunter to the nephew of james whitey bollger. it suggests the nephew played a key role in some of hunter's chinese business deals and now 95 house republicans are demanding the attorney general of the united states, merrick garland, appoint a special counsel. look at we're scrolling all of the republicans now. they say the d.o.j. cannot independently investigate the president's son. 14 house republicans want specifics. fox news with the exclusive. gop lawmakers call on doj to brief congress on details on hunter biden investigation. do you expect this to grow wider? undoubtedly. there is digital evidence. countless witnesses. any defense attorney will tell you federal prosecutors do an exhaustive type of investigation. no stone left unturned. obviously you can't get to the information the federal investigators are doing until the investigation is completed. during the time there is this whole body of law under the freedom of information law that you can get this sort of information but one of the defenses to getting the information is the pen den see of the investigation. if there is a concern and there is concerns that -- >> harris: he keeps hanging out with this guy. >> sure, that's going to be a big issue knowing that the federal prosecutors will jump all over that and say if you are dealing with a mobster's nephew what other things have you been doing? this is a very broad investigation and we're at the tip of the iceberg. >> harris: there is no guilt by association. what kind of resume about bollger's nephew have to do business dealings with china? we want to know about the associates he has had and then you investigate as you say. they're on it. look at what is coming out. who knows? always good to have you. 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