>> a panel stands by two weigh in on our issues tonight. andy title 42 pandemic restriction, resorting in many seeking asylum. an actor johnny depp heading back to the witness stand. his 50 million-dollar trial against ex-wife amber heard. and right now digging into all of this tonight. good evening, kevin. >> good to be with you, my friend. maybe or maybe not they will try to appeal this ruling, really ultimately put over to the cdc, that is where this divide has been about how exactly to proceed with the mandate, which was already said to be a part of the ruling in early may. many say that they disagree with the decision and will appeal, as you pointed out, subject to the conclusion that the order remains necessary for public health. and coming up next, this is also the key. the doj statement clearly lays out something very important, and it's not really so much about the mandate per se, but the maintenance of the power to compel people to do what they want. and the department continues to believe that the order requiring masking and transportation court order is eval of the exercise of authority. that congress has given to protect public health. including what they will work to preserve. >> do you think that they should wear masks on airplanes? >> that is up to them. >> i have not spoken to the cdc yet. >> but we are certain that he will if he hasn't already. and despite the popularity, frankly liberal pundits on television are pushing the white house to put up a fight. >> it is one thing for a judge to strike down an order from the white house, it's an entirely different thing for the white house to let it happen without any legal pushback. and it's not the first time that something hasn't gone their way, and that they don't fight back or defend rationale, they just give you the shrug. >> here is the real rub with respect to that. the calculus from the white house perspective could be if this is wildly unpopular politically, why pick a losing battle in the court of public opinion. and ironically journalists were still required by the white house to wear masks. and as you can imagine that is direct defiance and the judge a lawful order. something that many will be sure to remember. we might come back in a few minutes and we will talk about other important details of the day. and thank you, kevin. and 42 people on the terror watch list have been caught trying to cross into the united states. also there have been more than a million encounters between border patrol and illegal immigrants attempting to enter the united states, just since october alone. the number of encounters alone was the highest since the year 2000. correspondent reports tonight from texas. >> newly released numbers review that there were over 14,000 unaccompanied children encountered at the southern border in march. many abandoned, like this 3-year-old girl found by the border agents in el paso. left alone by a smuggler. no parents, no guardians. >> it is continuing to happen because again, there is no consequences for individuals coming across the borders and in america where you cannot even leave a dog inside of a car with the windows rolled up, yet individuals are allowed to turn over their children to drug smugglers, human smugglers, sexual traffickers and at the end are facing zero consequences for it. >> in mexico today, fox news witnessed multiple groups running down to the river, some seemingly afraid of mexican authority. within moments they are crossing a legally into texas where they appear to have no fear of american authorities. some bringing the young children with them as they risk the occurrence. >> you can expect fireworks, that is when the secretary is set to testify in front of the house judiciary committee and the republican say that they have a lot of questions. >> the cdc also reporting more than 221,000 migrants were encountered in march and the highest number since march of 2000. over 100,000 title 42 individuals. they say expect a bad situation to get significantly worse. >> i am outraged, the agents are outraged that the administration is doing nothing. i have been doing this job for 25 years and i have never seen the morale lower than what it is right now. >> reporting in texas, fox news 2 the joe biden administration facing plenty of pushback tonight. including two terminate title 42 next month. we have more with cochair. welcome back, it's good to see you. >> the doj says that they could appeal the federal judge if the cdc deems it is necessary to protect the public health. what kind of assessment with the cdc be doing. we were told early on that the systems or something in which we have to keep the industry going on now that we are told that this is the one or two places that we mandatorily have to wear masks despite what the judge says last night. >> yes, i hope that the cdc, the department of justice, comes to the understanding and the realization that we have achieved our goal and accomplish our mission and from day number one, that the hospitals are not overwhelmed, that the hospital system has not collapsed, we don't have a shortage of doctors and nurses and right now had about 60 patients today. two of them testing positive. we have the tools to treat them. we can look at the data and the facts that tell us that hospitalizations are down, the mortality is down by more than 25%. we have the tools to treat covid-19, the medications, we know how to manage it, we know how to control it. so there is no need to continue in reinstituting the mandates that we do not need right now, it should be optional three years into the pandemic. >> okay, the progressive change campaign committee has a statement, saying that they want to have mask only flights. they would encourage the white house use their influence to get airlines to voluntarily take these measures. and some flight attendants danced around and collected masks to throw out, others say that it is like having a no urinating section in the public pool. they want the white house to force airlines to get into line. >> yes, all this came about because congress and a lot of state legislatures failed to take the action that our founders gave them the authority to do and that is for them to meet and vote and decide what policies we are going to have. they push this off to another agency. progressives are happy about it. but i celebrate that the judge stood up and said that if the science is so clear, why don't you then call the session, have a vote, let's get it up or down, this is what we know. all of the draconian rules, shutting down churches, shutting down restaurants, if legislatures actually were told that you're going to come and vote all of those policies and that they would fail, that is a sign of what they are saying. >> well, jonathan is not a conservative and says this. he is talking about whether or not they will make the decision. sandy will have a hard time making this cat walk backwards. and it does is much as it was a celebration. that those videos can have a greater impact than any cdc or doj recommendation. so what do you think if they go back. i travel, i saw these people celebrating this whole thing, do they risk alienating folks if they say no, we are going to keep fighting this patent to keep those masks back on? >> either way. let's remember that the original extensions from the federal government was set to expire in two weeks. >> but they keep renewing it. >> correct. but they may not have, we do not know. and they will lose with some people either way. >> i am not a physician, but the surgeon general is. and the former surgeon general is actually outraged, he thinks that it is going to put people in danger. we know that there is a new variant now, we do not know what will happen. we are more equipped to fight covid-19, but i have seen this before. i can hear déjà vu. and i can hear them singing that because you know, we have done it before where it's like okay, hospitalizations are down. we are good. let's do this and then what happens and then we see things getting filled up. my thing is i want to hear from the judges. i want to hear from the medical profession as well. >> let me say this, we are lucky that we do have a dr. who have treated hundreds if not thousands of patients and so i will give her the final word. >> it reminds you that the goal is not covid-19. that is nearly impossible and i think that vaccination and good ventilation is more important than a flimsy mask. you need to understand your risk, to make sure that you take that extra step of precaution, then do so. but for everyone else, many of us already have vaccine immunity can bind immunity. so we cannot wear masks, know your risk to protect yourself, that we need to move on and this is a good step to normalcy and regaining her freedom and also we need to accept that. >> the pilot on my flight today says it is optional, make your choice, talk to your dr. in respect of the other passengers. and everybody seemed to get along just fine. so we hope for more of that. we always appreciate your time. >> thank you. >> thank you, shannon. >> the next phase of the war on ukraine is underway tonight. a defensive hundreds of miles long, indicating that vladimir putin is focusing his forces on the donbas region. we have more with our reporter in lviv. good morning, matt. >> that's right, shannon. >> the exact number of troops cannot be confirmed, but 62,000 are on the ground here in ukraine. russia is attempting to essentially splice ukraine into, which is on the far eastern side of this country, the donbas region. it would deprive ukraine of its own critical mines and factories and infrastructure. they have retreated from the urban capital city of kyiv to the familiar ground of the donbas, divided into two areas, donetsk and luhansk. the pentagon and stem aids that moscow has lost a quarter combat power in ukraine, including killed or injured soldiers and military equipment like jets and tanks. as part of the united states aid package, the u.s. is now shipping what ukrainians are able to use. and boris johnson also announcing plans to provide further weapons following meetings with polish and german leaders. ukrainian president volodymyr zelensky that was not to surrender and again asks for more equipment. >> if we get what they plan to handle to the ukraine right now, it will save the lives of thousands of people. the intensity of fire by russian troops in the kharkiv and donbas regions has increased significantly. >> in the devastated coastal city of mariupol, many troops are holed up in a massive steel plant. now claiming the russian military dropped heavy bombs. the united nations is now calling for a four-day pause in fighting leading up to the orthodox easter in ukraine. >> thank you so much for that reporting. and elon musk looking for investors. he is reportedly willing to spend up to 15 billion in cash on the effort of his own money. saying that he has a 9.1% stake has test morgan stanley to raise $10 million and is expected to make that within 10 days. and fascinating testimony in fairfax county virginia. there is a 50 million-dollar defamation trial by jonny depp against his ex-wife amber heard. we have one what happened in court. >> jonny depp has spent much of his life in the spotlight but never like this before. 2018:described herself as a >> there wasesti an article in 2018 in which it was described that he was abusive. >> never did i appoint myself of abuse or striking her in any way. nor have i ever struck any woman. >> he told the court that his career suffered as a result of this bitter 2016 divorce from her and the rumors of abuse that swirled. the actor explaining his downfall in a way that perhaps only an actor could. >> it has been six years of trying times and it's strange when one day you are cinderella and then 0.6 seconds you are quasimodo. >> he says he's fighting the legal battle so that the truth of his relationship with her as he sees it can be known. >> i feel it is my responsibility to stand up not only for myself in this instance but also for my children. i did not deserve that, nor did my children or the people who have believed in me for all of these years. >> he will be cross-examined by the lawyers of amber heard on wednesday and at some point she herself is expected to take the stand. >> thank you, jonathan. in the plot thickening in the search for a killer who stabbed a new york city mother of two. apparently in her own home, then dumping her body in a duffel bag. laura is tracking the latest developments from new york tonight. >> that's right, investigators are said to be narrowing down the critical timeframe of what was happening in the hours leading up and who she may have been communicating with before she was killed and taken out of her house and her son's hockey duffel bag. she lived with her husband and two teenage sons. reward flyers were put up, offering a $3500 reward for information. she reportedly attended a concert. it was the last time that she was seen alive. there has been speculation that she might have been the killer and also word that the killer may have known where the family had a key to the house. a neighbor surveillance camera captured this through the neighborhood. leading investigators back to her home. in another detail, the killer sent a text message from his wife's phone that said his family would be next, something that one former nypd lieutenant said that could be a cover for something else. so the investigators are looking into it further. >> of dumping the cell phone tower consists of taking all of the text messages and the calls that went through that specific tower so that we can assess who was actually at that location. >> the couple's 13-year-old son who was home at the time of the murder has been questioned and not released. and there are many homes in this neighborhood with security cameras as well. fox news digital has just spoken with the family's electrician who tells us that the family home was outfitted with a security system. no word on what it might've picked up. >> thank you, laura. we will continue to follow what happens. >> this woman that fell underneath the moving train. and this you have to see you ne. we have more when we return after this ancestry made it really easy to learn about my family's history. finding military information, newspaper articles, how many people were living in the house and where it was, makes me curious and keeps pulling me in and the photos reminding me of what life must have been like for them. finding out new bits of information about the family has been a wonderful experience, it's an important part of understanding who we are. >> tonight's viral videos. a woman in jacksonville to be attacked in this parking lot by a canadian goose. onlookers wanted to see if the goose was going to strike again after the boss mentioned they were intact. thankfully the woman was not injured that was quite an ordeal trying to figure out how she could get the things she had dropped when she was running to safety. creating a barrier between the goose and her to go pick up her items. and the department of transportation coming up with an innovative way to try to get drivers to slow down and work zones. a giant snake made from recycled traffic cones that had been hit and work zones on highways. an increase over the previous year. and now this. i'm warning you because some could find this disturbing. a woman fell off a subway platform, surveillance chose the moment that she fell off just as the train was coming to the station and fellow passengers looking on, it look like she just disappeared, but get this, the woman was rescued by security personnel. they pull her up out of their and she was coherent. they took her to the hospital and it's pretty incredible to see. and another physical challenge. the first male to do a back flip in his wheelchair. he landed in a foam pit after just a few months of practice. and who doesn't love a dog and a video of it in a backpack. he is so fluffy, he appears bigger than an average pet, nobody is complaining. it looks like all smiles and as far as we can tell he is very adorable. if you have a viral video, hit us up on social media any time "fox news @ night." okay, time to bring in kevin for a great debate and scientists are talking about shoes. do you wear them into and around your house when you get home? >> to make a lot of us do where our she was inside the house, but researchers say you know, there are a bunch of panelists who say leaving your shoes on can actually bring harmful pathogens from outside. that includes drug-resistant microorganisms, germs, toxic road asphalt residue and if that's not bad enough, how about lawn treatment chemicals and possibly even pet droppings. in the group says that they have a solution for you, have indoor only shoes that never get one outside. if you have traveled to asia and i have been there many times, it is sort of the standard, i know lots of people here and i am one of them. i do not wear my shoes inside the house. what about you? >> kevin, you are so together and pristine. i'm not surprised because i'm sure everything is perfect. and i'm going to confess, i do wear my shoes but i have a wild animal who doesn't wear shoes indoors or outdoors. so she tracks and things, but i have one pair of shoes that i wear in the house. a chocolate lab on 1 foot and a yellow lab on the other. they never go outside. >> i demand pictures. [laughter] okay. >> the pictures are coming. i will try to do better here for you. >> i'm going to get a dog and then we are going to be in the same boat. >> good news, kevin. we will see you then. >> a "washington post" reporter and this seattle radio host, he is alive coming up next to join us hereli today. e your advanced safety system. >> dad: looks great. thanks. >> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ as a struggling actor, i need all the breaks that i can get. at liberty butchemel— cut. liberty biberty— cut. liberty mutual customizes your car insurance so you only pay for whatchya... line? need. action. cut. you can't say that. 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[inaudible] >> that is audio of george gascon, promising to help him and in return hernandez says that he would get the name of george gascon tattooed on his face. >> they are critical of the george gascon progressive policy including new directives that are said to be as eligible for release after 25 years instead of life without parole. >> they are like, you know, you are coming home. >> 2 monday night right here with my family. >> they sentenced him inside the prison last year. he praised the directive of george gascon. >> we are celebrating us going home. >> they say that while they were not planning to release him upon his sentence. >> thank you, william. >> coming up, experts have been punching crime numbers and saying there is an increase in the number of americans that have been murdered of african-american demographics. we have more with our radio host. thank you for this lightning round. what do the numbers say. >> the numbers show what we thought that we knew that it would show, that those that are victims as a result of the black lives matter community, we are seeing a huge surge in violence and murders against black people because when you tolice out of neighborhoods and are experiencing high levels of crime, and unfortunately a lot of places in the country, they are black communities. and the bad guys take advantage. the criminals continue to commit criminal acts and there are victims here. the data never backs up the idea that police are going into neighborhoods, randomly killing black people, that is never what it showed. everyone warned that this was going to happen and then it did in fact happen. >> it is so shocking to see those numbers up. such a shocking jump. you spoke about this. this is the headline. a reduction of depression, what did you find about the numbers? >> welcome of the data definitely did not say that. it was misleading enough that the university of washington had to put out a promotional video. so they saw provement on anxiety, those transgender teenagers saw no improvement whatsoever. and they made all of these claims, like comparing patients that went to gender affirming care versus those that didn't. there was no causal relationship because the data did not show any meaningful improvement after going on this. and a whole bunch of patients dropped out of the study. there were so many holes that they were not actually looking to get that out there. you can look at the press release and the study, these bills that were passed by republicans. >> some of that stuff started to disappear off the internet as i understand when you started asking questions. but smartly had recorded. >> yes. >> another individual said she went after somebody which for the most part had cut and pasted things that people had posted and she went to track down this person and "the washington post" says that that's what journalists do, go after the story. and she said i hope people can read the story and understand the attacks and the crucial role that the right-wing media has played. what do you think of not? >> well, it is simply ridiculous. when you curate these videos. this is not doing anything but playing back your own words into their own videos. it is certainly up for any kind of scrutiny. basically teachers that are blabbing about how they are misleading and in some cases emotionally abusing their students and parents absolutely have the right to know what is going on. i mean, these are individuals who bully people for a living. for her to go out there and the crocodile tears from her performance complaining about how she has been bullied or not even dried yet and she's going on doing this, talking about what she complains about. just the audacity of that is terrible. but few media outlets will call her out but i am grateful that fox news is allowing for that. >> she is very polarizing, "washington post" is standing behind her, we will keep watching. jason, we thank you. we certainly appreciate your time. >> thank you, i appreciate it. >> winning half a million dollars after his employers threw him a birthday party he did not want right after this. this is iowa. we just haven't been properly introduced. say hello to the place where rolling hills meets low bills. where our fields, inside and out, are always growing. and where the fun is just getting started. this is iowa. so, when are you coming to see us? 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>> yet, i hate to be the party, but all of the party things in the anxiety, it is it is an interesting thing. my interpretation of the law, and i think that there will be appeals, there has to be severe anxiety to where you cannot carry out your job is. and i think that's what they are really talking about. they are going to appeal this. and i don't personally think that they should have gone to a jury. a judge should have decided with what is called a summary judgment and determined that basic anxiety does not amount to a disability and that the case should have been thrown out. sorry about that. >> this is what a local report says, they told him to leave for the weekend following the birthday party. subsequently they fired him, said they were worried about him being angry and becoming violent. so what do employers do with this? after bad things happen, a lot of times they say we were worried, nobody wanted to say anything. so any quick comment from you will not? >> yes, consult with labor council, document the issue, that is the key for employers when they have these types of issues and in this case it is alleged that they brought him in the following day, confronted him about how he was acting and then i would think that things were in dispute and that is why the jury may have made their decision to make this as a bad result. everybody has stress on their jobs. there's a floodgate of lawsuits that could happen due to basic anxiety becoming a disability under ada. >> thank you, shannon. >> also happy birthday to you. >> thank you. >> we did not throw you a surprise party. [laughter] >> no problem here. [laughter] >> and good news. horrific scenes out of ukraine have inspired this man to raise awareness and money to buy food and medical supplies. he also happens to collect protective vests, different law enforcement will send equipment over to ukraine like protective equipment. >> exactly. i want to thank the beautiful sunshine state for this. this fergie florida resident. meet toby keith. a chihuahua at the ripe old age of 66 days old. that makes him about 119 years old in people years and he looks so great. what a cute little guy. >> hopefully we can celebrate a birthday for him sometime soon. what a cutie. >> that is it from me from new york. york. we will see you tomorrow. ♪ ♪ ♪ store your things until you're ready. then we deliver to your new home - potts handles the driving pocket, your store, your things until you're ready, then we deliver your new home acrossig town or across the country side your personal moving and storage team contribute to society, universities. trying to 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