confusion announcing yesterday that the doj will appeal a federal judge's decision that struck down the mask mandate on public transportation. the move comes after the cdc has been requiring travelers to wear masks on trains and airports wasn't necessary for the public's health. except those immigration restrictions rolled those back. okay, but just a few days ago, president biden said americans get to decide for themselves. watch. >> should people continue to wear masks on planes? >> that's up to them. >> i would love to give our viewers a crash course in coordinated coherent perfectly messaged policy, let's roll the tape. this happened over the span of two hours on monday. watch. >> the cdc continues to advise and recommend mass on airplanes. we would advise all americans to do that. >> should people continue to wear masks on plane? >> that's up to them. >> are you going to repeal the masked mandate? >> have not heard from the cdc come i don't know. trust the science. >> degen, everybody wear masks, follow the science, but do it you want. >> they are snatching defeat from the jaws of victory. this was a huge win for them and they cannot see it, smell it, or hear it because they are trapped in their drive to preserve power. jen psaki use the outcome of the preservation of power. they don't want the biden incorporated, they just simply don't want to set the precedent that they can't tell you what to do and when you can do something or can't do it. then they must declared for health reasons. they don't want to relinquish that control over the american people. it's actually chilling, not surprising. i've said all along during the covid pandemic that fear equals control. power is the reason these grifters get into this business in the first place. but the american people wanted this. they were rejoicing. the people in the biden administration could not see that. that's what was so astonishing. then the cdc itself said planes have the best ventilation and the situation refreshes itself every 2 minutes. that was some time ago. the airline ceos were in favor of getting rid of the masked mandate. but they are intervening to protect what? i guess power or democrats. >> kayleigh: when you set a trap, todd, democrats will always walk into. forcing masks on 2-year-olds come a great midterm message. >> todd: dagen nailed it. joe biden nailed it. he doesn't speak for the white house, even though he's the president. the people in charge, they this is koli. my foster fail (laughs). when i first started fostering koli i had been giving him kibble. it never looked or felt like real food. but with the farmer's dog you can see the pieces of turkey. it smells like actual food. i saw a difference almost overnight. healthy poops, healthy dog, right? as he's aged, he's still quite energetic and youthful. i really attribute that to diet. you know, he's my buddy. my job is to keep my buddy safe and happy. ♪♪ get started at longlivedogs.com veteran homeowners, need cash? at newday you can borrow up to ♪♪ 100% of your home's value and get up to $60,000 or more. we called and got $96,602. that's more than ever. we called and we got $62,810. home values are soaring. now is the best time in history to turn your home equity into cash. we called and we got $68,201. we called and we got $58,800. use it to improve your home or save for retirement. i called and got $60,300. take ten minutes and call newday usa. ♪ ♪ make way for the first-ever chevy silverado zr2. with multimatic shocks, rugged 33-inch tires, and front and rear electronic locking differentials. dude, this is awesome... but we should get back to work. ♪ ♪ this good? perfect. if you're gonna work remote... work remote. find new workspaces. find new roads. chevrolet. it's my 4:05, the-show-must-go-on, migraine medicine. it's ubrelvy. for anytime, anywhere, migraine strikes. without worrying if it's too late or where i am. one dose can quickly stop my migraine in its tracks within 2 hours. unlike older medicines ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy and learn how abbvie can help you save. i may be close to retirement, but i'm as busy as ever. and thanks to voya, i'm confident about my future. voya provides guidance for the right investments. they make me feel like i've got it all under control. [crowd cheers] voya. be confident to and through retirement. get on cnn >> if i stayed home all day and watch tv -- >> todd: they are giving people what they think what they want. >> dagen: i just taped an episode of fox with geraldo. >> kayleigh: the phrase i was trying to come up with was not to to do my own horn when i was talking about fox nation. that's the last thing you want to say about this. >> dagen: nancy, right? you've got variety. nancy and i speak the same language literally. >> kayleigh: all right. more "outnumbered" in just a moment. this is... ♪♪ 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? ♪♪ >> tech: need to get your windshield fixed? safelite makes it easy. so, when are you coming to see us? >> tech vo: you can schedule in just a few clicks. and we'll come to you with a replacement you can trust. >> man: looks great. >> tech: that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ shhhh. i think she's still awake. don't worry. the lexus rx built for modern families. $1,500 lease cash available on 30 month 2022 rx lease programs. ♪ ♪ i came, i saw, i conquered. 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[ sighs ] i can't remember. >> we are taking your life. johnny depp is on the stand facing cross-examination right now in his defamation lawsuit against his ex-wife, amber heard. we would need to warn me that some of what you may hear is extremely graphic. let's listen. >> starting today i love you, again i'm so sorry, so sorry. i love you and feel so bad for letting you down. yours. that i read that right? >> you did. >> let's pull up exhibit 2451 time which has this admitted to evidence this morning, your honor. mr. depp i know we've seen this before this morning, but do your eye just read to you, or your text, was from may 25th 2014. five days later you text your good friend, paul but me, and you tell him that you had drink all night before you picked up amber to fly to l.a. to do tell him that you had had no food for days, powders -- just cocaine, right? >> sure. >> half a bottle of whiskey. a thousand red bull and vodka's, pillows, two bottles of champagne on the plane, then you write what angry agro engine in a -- who got near. i am done. i am admittedly too -- in the head to spray my rage to the one i love. i'm too old to be that guy. but pills are fine. did i read that right? >> you did. >> now you can leave that up. the two bottles of champagne on the plane, that was about when you wrote two bottles of champagne on the plane, that was about the plane ride from boston to l.a., correct? >> yes it comes just after a thousand count cans of red bull. >> at least two part for parts of the plane ride you are in a blackout, correct? there is no reason you would tell paul but knew you were in a blackout if it wasn't true, correct? >> again, when i write something, when i write a text, especially if i'm in a particularly impassioned place, it's a canvas, it's a painting. >> i appreciate that but that was not my question. would you agree on parts of the plane flight you were in a blackout? >> noy would not agree that i was in a blackout. >> let's look at page 3:30 three -- >> you don't blackout when you're on the opiates. >> let's look at page 3:30 three of your transcript. this is day two. this is from the u.k. trial. >> yes we seem to be there a lot. >> your honor, may we approach please? >> kayleigh: we are awaiting the return of johnny depp as he testifies, the attorneys appeared to have approached the bench right now. we heard some rather graphic details and gruesome details of johnny depp saying that when i text in an impassioned state, it's a pet canvas, it's a painting. you just heard those texts, doesn't quite sound like a canvas or a painting. it sounds like threats. we'll take it back to the trial right now. >> apparently that is what i'm saying to mr. bentley. yes, is there any reason why you would say that the mr. bad knee if were not true? answer, probably not. did i read that right? >> you did. >> you would agree that on that flight you are very drunk and that you had taken drugs either before or during the flight, correct? >> i know that i -- i knew i was going to have a very ugly situation with amber. >> with respective trying to respect the court's time. you would agree that on that flight you are very drunk and you had taken drugs either before or during, or both, correct? you would agree that you are very drunk on the flight, correct? >> do not agree that it was very drunk on that flight. >> and you would agree that you would taken drugs before -- >> i had taken a double dose of the raw oxycodone, which is different than a blackout. i don't recall drinking -- you don't need to drink a lot when you're on those things. you don't have time. >> you just testified you are not drunk on the flight. >> i don't recall being drunk. >> let's like at page 3:30 five of your u.k. testimony. >> where would you like to start? >> line 11 please. you were asked a question. i want to make sure it is quite clear what you are saying about the boston plane incident. you are a very drunk, you had taken drugs either before, during, or both, do you agree with that? answer is sure, for the purposes of getting through this, let's say yes. everything you've said i agree. did i read that right? >> you did. i was caving in -- >> my question was simply did i read that correctly? >> yes i understand. >> can we pull up exhibits 243 please? actually no, let's go to exhibit 221. >> kayleigh: we are pulling back from the trial between johnny depp and amber heard. carley, it really struck me as we were talking again hearing about these text messages these were about as blackout state he said to his friend, paul but nay. i prefer these text worries talking about the text presented yesterday. here is a snippet of what they pulled up the johnny depp allegedly texted to his friend. that's trout her before we burn her. talking about what they would do with her burnt corpse. who talks this way? yes it's just words, he didn't excuse those actions. it's just grotesque. >> on the other side there was audio that was played in court yesterday where amber heard admitted that she said i didn't punch you i was hitting you. you didn't get punched. you got hit, which is same difference there. so this is clear character assassination on both sides. nobody wins at all. what's going on right there is that amber heard's lawyers were clearly trying to paint johnny depp is a liar. now that you are doing drugs -- will we have the u.k. testimony where he said you were. the fact that is already testified in this trial. i mean amber heard's lawyers are going to exploit that to the max baer that could really -- i don't think -- you may think dell might disagree with me come i don't think this is about the money. i think what he wants to do is tell a story in the most public way possible and take amber heard down with him. >> nobody comes away looking good. dagen, there were really sad images we watch and it speaks to two very lost people. >> indeed. and people -- i went home and watch the six hours or so from to back of the testimony yesterday. part of the fascination is because johnny depp, certainly for somebody my age, was so famous. starting with his first movie was a "nightmare on elm street," but also edward scissor tabs, one of the most accomplished area actors. not all the money in the world could make this man happy and keep this man away from somebody who is very destructive. now watch this trial him -- i'm not a lawyer. i just see an incredible waste of money on all of these lawyers and all of this -- carley has it right on the nose on why he's doing this. he wants people to hear his story publicly. and it streams on youtube. >> kayleigh: todd, one thing i wanted a drought, yesterday he testified to drug and alcohol use. today he's arguing nuanced points on where you drunk on the state, then they impeach them with the transcript where he admitted to that exact behavior. >> todd: yesterday was a much better day for depp. he needs to focus on being johnny depp. johnny depp is an actor who's had a career, has been pretty impressive career. admit to it, move on. that's not what this case is about. this is about whether amber heard the defamed him. the way the team should do it is throwing an objection here and there that gets us back on track. but to dagen's point and a carley's point juries look at this and they say you know what? these are two unsympathetic people. both sides pound sand and the only people that when are the lawyers. >> dagen: he had a career, amber heard won't have one. >> kayleigh: jackie, why are we hearing a lot of objections? >> jackie: you have a cross-examination where they are trying to discredit him. they are trying to say maybe you are violent when you are on drugs. maybe you didn't remember accurately what happened when you are on drugs. what they have to prove for defamation is that she lied, that he had deal abused her. bringing the drugs and with this hard can essentially get them there. the other thing you have to remember here is that the jury is going to get instructions. if they don't believe testimony beyond a reasonable doubt than they have to throw the case out essentially. reasonable doubt is the standard when you start to put comments like this he doesn't remember how drunk he was, he doesn't remember much the oxycodone or whatever it was that he took. all of a sudden people look at these characters, that you're right, are very toxic and question their ability to tell the truth. >> dagen: is it reasonable doubt or preponderance of evidence? >> todd: the threshold for defamation in any civil case -- you're right, defamation is a tough road tone especially when you are public figure. >> and you need to prove the intent and malice which is very hard to prove. what she was thinking in her mind when she penned this op-ed that she was intending to harm him and that there was material harm. although there may be something we've been heard yet is the daily mail showed us yesterday. elon musk controlling this after this dreamer lost subscribers for the first time in more than a decade. more than 200,000 people unsubscribe between january and march. that led netflix shares to close down 37% on wednesday. the company to shave more than $50 billion off of its market cap. the local mind viruses making netflix unwatchable. dagen come it's not just netflix is down it's disney. we seen their shares dropped precipitously as they go into this woke world. corporate america, will they ever learn? maybe the answer is not pushing gender ideology on kids. >> dagen: i would argue that netflix is not woke. that's not their problem. netflix has dave chappelle on their platform. dave chappelle has done more to turn the tide back to sanity and back to making fun of anything and everything. nothing is off limits in the world of comedy starting with dave chappelle's special, sticks and stones. then the closer. that caused a lot of heat protest around us who runs contact on netflix. remember there was a protest of people that work -- it doesn't have anything to do with people going far left, was going woke. if there is some content on there that is super old lib, but it is just the fact that they thought they had begun to spend way too much money on the content and they never got to the subscriber level where the amount of money they are spending makes financial sense. an analyst -- i don't mean to take up all the time, but robert cadwell was on mornings with maria was upholding. netflix hold this based on the 700 million subscriber level. netflix can barely make it above $200 million. the content makes no sense. they had spent millions, hundreds of millions of dollars in the past five years trying to win a best picture academy award. why would that matter to their subscriber base? amazon is going to pull back to spend, disney is going to do the same. proceed with discovery in warner, that's why they are canon cnn plus. they have to cut with their spending on content. >> media research center point out what they see has woken netflix. among them is bubba wallace, there is a climate change theory, the obama's are going to do a series. they point to all of these myriad examples of content. the point of cnm plus going on -- i don't want to go home and watch. >> i think both dagen and kayleigh make. points. i never saw netflix as woke programming type dove into what you were talked about. there are some liberal shows. dave chappelle being on there is also a great point. i was reading in the daily mail and -- it's daily mail reporting that netflix paid more meghan markle hundred million dollars to create content and they haven't finished producing and accounted yet. now that puts a lot of pressure on them to try and get something. although who knows how many eyeballs does can get because they're not the most beloved people. one other thing really quickly i do think that there are other nonpolitical reasons why this is happening. one of them is everybody that actually watched netflix was paying for the service, their numbers would not be what happened yesterday. there is so much password sharing -- >> they have 200 million subscribers. 100 million people are viewing netflix for free because they are using somebody else's password and it's time technically a separate household. they spent all this money on content and they admitted that we have not spent enough to try and troubleshoot this problem. they're going to try and focus on that. so if you are stealing netflix you are on their radar and they're going to try and bust you and i should try to buff steal. >> it's a lifetime movie. but todd, my husband sean and i will be at home watching the series on netflix and as they can't we just be entertained. inevitably we are two episodes in. there is a liberal agenda, why? let me watch a show. >> todd: to follow-up on what dagen said netflix is better content wise than these other streaming services. but when woken facts something it spreads its tentacles, even in these institutions that you think are unflappable. disney world was disney world and that brand was unflappable until woke tentacles weave their way in. netflix has horrible losses. woke equals broke. we make that phrase all the time. >> i love that. woke equals broke. at the end of the day what you want more? money or the leftist agenda? if you're not already familiar with the twitter account lives of of tiktok you should be. it was comprised almost solely of liberals talking about themselves. the content is pretty simple as tucker carlson told us the other night, take interesting video of liberals already posted on the internet by the people who made it. here's an example of some teachers that the account posted. >> i want to talk to the kids. sometimes human beings are more than a boy or a girl. sometimes we are just dumb thing else. sometimes we are both. sometimes we kind of flowed in between. >> some of the children stop me being poly was crazy but they also know i'm gender fluid. >> him to give you my explanation of what it means to be transgender is well-paid when babies are born the doctors look at them in the make a guess about whether the baby is a boy or a girl. >> let all of that sink in for a moment. the creator of the account has been anonymous until now. "the washington post" reporter, taylor lorenz, is facing criticism for revealing the creator's identity and personal information. that's also known as doxxing, and early published version of the article linked to the accounts employer and the address, which has been referred to as a home address. when fox news asked "the washington post" why the link was scrubbed they replied "ultimately we deemed it unnecessary. "there is so much here, carley, the first of which i want to make sure we get to. let's watch taylor lorenz on what her thoughts on doxxing not too long ago. >> i had severe ptsd from this. i contemplated suicide. it got really bad. you feel like in a little piece of information that gets out on you will be used by the worst people on the internet to destroy your life. and it's so isolating. and terrifying. it's horrifying. i'm so sorry. >> kayleigh: so taylor decides to do that to her political enemies. >> jackie: there is a lot of easily identified hypocrisy here. another thing that this "washington post" reporter did was she created the tiktok video where she criticized another reporter for revealing the name of somebody, doxxing them. and without getting -- without act exactly what she did to libs of tiktok as well. the account has emerged as a powerful force on the internet shaping right-wing media impacting anti-lgbtq legislation, referring them short of the florida parental rights law which is that law that we keep on hearing where they call it anti-lgbt, which it is not. this is why jen psaki was crying when she was doing the podcast. i don't know if it's malicious, or if it's misinformed, but all of this followed has to do with its parental rights. it's saying you cannot teach kindergarten through second grade gender identity issues. let that be the parents choice. >> yes. of all the things, todd, for "the washington post" to write about. we have more confidence on the president biden and president trump, there is a lot about going on because of joe biden failures but were going to talk and expose right-wing person whose anonymous and who's on instagram and tiktok. that's who were going after is "the washington post." >> it clearly shows their agenda and we've known it for a long time. i think with the key takeaways is this lives of tiktok lift the lid off the classroom experience for our children and chose parents what is actually happening in some schools. so what did that lead to? a lead to a discussion. it led to virginia november 2021, the election we saw. we don't want our kids indoctrinated. the left does. that's why they are so absolutely fired up about everything they are and they're going to use everything in their power, be at "the washington post," be at taylor lorenz going in tv and crying, to make it the right wing's fault as discussed letting lucy all the time from the left, the double standard is off the charts. i believe it was cut full of it so that the bus. taylor lorenz is worried about the worst people on the internet going after her. don't worry about that, taylor, you are the worst person on the internet. mr. going after yourself you are good. what's your thought, dagen? >> dagen: the left is standing up for the worst of the worst in this country. all of that lives of tick-tock has done as an account is exposed to what the leftist agenda on these individuals are doing in the classroom using their own videos. there was a professor at old dominion you become an educator who wanted to destigmatize and lost her job because of that. that was in that individual's own words -- "glenn greenwald, an actual journalist, who is rightfully criticized taylor lorenz. this is one thing that glenn greenwald said on twitter. this is the framework corporate journalist, referring to like the jeff bezos post in the people that work for it are trying to discuss and force you to accept. they can criticize, expose, bully, anybody they want. no limits. they are journalist, but you can criticize how they use their power, that's harassment. they will shame you want to silence then snivel. setting women back 30 years. well done, young lady. not young -- >> todd: she's going to be most upset about that. >> kayleigh: she's going to come after dagen next. >> dagen: they'll knock on my dad's door. >> this girl is a little nuts. >> kayleigh: she has proven herself to be hypocritical but i think dagen's point is really important. this is censorship to a certain extent at its finest. player actions she's threatening other people saying you cannot go out there and tell the truth. these videos are not theatrics. they're not made up. they are real. so this account is showing that. is showing its point of view. not think that their 3-year-old should be learning about sex it all peter comes back to elon musk, twitter, freedom of speech, that's what it's all about. it's the left trying to silence the right in all kinds of different ways. >> kayleigh: coming up are going to show you an image won't be able to get out of your mind. "the new york times," once again the subject of social media mockery, this time involving new executive editor. we'll have the details next. ♪ ♪ veteran homeowners- you made a smart move when you bought your home. now make another one and turn your equity into cash. with the newday 100 va loan you can take out up to $60,000 or more. veteran homeowners- you deserve more. more cash, more savings, and more financial peace of mind. newday can help you get it with the newday 100 va cash out loan. it lets you borrow up to 100% of your home's value: up to $60,000 or more. and veterans are saving an average of $615 every month. with more ways to help more veteran families, no bank, no lender, no one knows veterans like newday usa. better hearing leads to a better life. and that better life... ...starts at miracle-ear. it all begins with the most innovative technology... ...like the new miracle-earmini™. available exclusively at miracle-ear. so small, no one will see it. but you'll notice the difference. and now, miracle-ear is offering a 30-day risk-free trial. you can experience better hearing with no obligation. call 1-800-miracle right now and experience a better life. ♪ ♪ introducing the all-electric chevy silverado rst. the only ev truck that combines: 4-wheel steer a multi-flex midgate and up to a 400-mile range on a full charge and the only way to reserve it is at chevy.com. find your future. find new roads. this is the sound of nature breathing. and this is the sound of better breathing. fasenra is a different kind of asthma medication. it's not a steroid or inhaler. fasenra is an add-on treatment for asthma driven by eosinophils. it's one maintenance dose every 8 weeks. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove them. fasenra is not a rescue medication or for other eosinophilic conditions. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens. headache and sore throat may occur. this is the sound of fasenra. ask your doctor about fasenra. ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. ♪ ♪ >> there's a profile in a more bizarre photo shoot of the "new york times" executive visitor joseph can't hitting a lot wanted attention. the teacher titled the inside man, joe con. the beast gushes over the new leader including and being fabulously wealthy. but it's this photo of him -- take a look at a seductive post that is getting the most attention. with many ridiculing not just the time but labeling them as not a serious person. currently, he looks like he is lying down. >> you're not wrong about that. very uncomfortable. perfectly good caption behind him. i think i know what happened here. i think they did a lot of these photos. this ever going to take a shot of you at the desk, working to take a shot of you here. or probably not going to use this one but just lay on the floor. it's gonna be a throwaway. so he goes already come and takes issues off, does what they want, and i were talking about it. >> do you remember when "the new york times" promised they would reverse course, they would be truthful with their readers. as the guy to do it apparently has a second home in upstate new york and apparently use them in the calls and the staff wouldn't help but notice his modernist opulence of a second home. and there was this, dagen, he does have a taste for the finer things. is a familiar face at the opening night of the metropolitan opera. the particular fondness for burgundy and is part of a wine consortium. this is a guy that's can speak from middle america. >> dagen: it's a fancy word come he likes to drink vino. this is why i go home and hang out with my two dogs. i don't try to be friends with these people because the more you want to belong to that gang the more they're going to ostracize you. i just want to point out one thing, he doesn't have shoes on. he's got men's stockings on. dana loesch on twitter says it looks like he has a half. if you look at it closely it looks like he has a huff. >> i would actually prefer hove's more than maritime journalist. i would be hanging out in a barn yard a newsroom. the one todd, i say this for you. mark judges tweed, pull it up. todd piro, we need to come where is it? drumroll please. >> todd: on carley and my's on the fox news channel were generous with each other in terms of segments. i literally said i get this today. i need to make the seinfeld george costanza comparison. but what i can't wrap my head around, this is a guy who's job -- we can look at that all day. his job is to determine what looks good in print. when he was proposed -- give him -- get on the ground like yours seductive. >> carley: , crazy but i agree with the people who say he doesn't look serious when his position like that in a photograph and you think may be of new leadership can take them in a new direction. >> you don't stretch out on the floor and read your "new york post" every day? all done it a thousand dollars to charity if you get on the ground to do that pose. >> todd: my hips. >> kayleigh: thanks, everybody, here is america >> fox news alert fell a record high for home prices during a $25. it is the latest example of out-of-control inflation prices that are happening now. now senators like mitt romney say biden needs to dig woke advisors and focus on the economy. >> harris: we hear from brian kilmeade and tom if you can't catch a