forcing an opinion change that they think has been all but baked in. hence the release of this early opinion before it was an official opinion. never mind the details. it's separated the two camps, pro choice and those looking at where to go from here in the pro life camp. no way to telegraph how this goes, but what we do know is that it's predictively falling along party lines. shannon bream has more on this from washington. shannon? >> so neil, here's what we know. there's officially an investigation underway by the u.s. marshall's office and the supreme court did something unusual this afternoon. forced its hand. they admitted that this draft piece that is out there by justin alito, current by february, it's legit. now, here's how draft works. that majority opinion goes out. it's circulated. the clerks are involved in this process. that's how dissents are crafted. concurrents will be crafted as well. they're involved in this process. so now we have to wait to see what the actual final opinion looks like and how closely it does or does not track with the opinion by alito. here's what jen psaki said about as we wait. >> i would know that if roe fails, abortion would be illegal in about half of the states, particularly in the south, midwest and west. they're poised to further restrict or ban access. tens of thousands of women would not have access to reproductive healthcare. >> each state will have a lot of latitude about where to draw the lines on abortion access. pro life groups say they know if roe is struck down, they have to step up to provide resources to prevent opportunities opportunity from women with an unintended pregnancy. the pro life movement stands strongly in providing the resources necessary so moms are empowered to choose life. this is so well-demonstrated by the more than 2,700 pregnancy care centers across the country that serve millions annually. for now, neil, this is premature speculation. it's a draft opinion. it was back in february that is almost two months ago. we'll wait to see what we get from the court. draft can change, votes can change. we don't know at this point. >> neil: i have a feeling that you'll be all over it tonight on your show, "fox news at night." look forward to that. thanks for that. as shannon pointed out, necessarily does not mean that a draft opinion becomes the final opinion, although that is often the case. let's go to tom dupree, the former assistant attorney general. let's take on this. leading the leaker aside, we have to deal with the leak. we have to deal with this advanced heads up, i guess, on an opinion that isn't official. but it's telegraphed. how significant is this? >> neil, this is a seismic event. it's devastating, it's terrible, this is heart breaking. this never happens at the supreme court like this, a leak. unprecedented in the court's history. people like to say it's true that the supreme court is the one institution in washington d.c. that does not leak. that's why what happened last night was so stunning to court watchers. >> neil: who do you think did it? what type of person? someone on the left that obviously wanted to give a heads up or warning about what could be done with the hope that the uproar would force some judges to change their mind? >> that's my read of it, neil. seems to me whoever leaked this did so with a political purpose in mind. they knew this was the way the court is trending. they wanted to see if they could influence the process by putting this thing out in the public sphere. it's already ripped up a frenzy. the leaker's goal was to bring political pressure to bear on the five justices that formed this tentative majority in the hopes that one of them bows to public pressure and changes their vote. >> neil: if we take it at face value this is draft opinion and justice roberts said this is legitimate, how often is an early draft opinion a final one? >> the outcome is usually the same. i don't want to say 100%. there's circumstances where you lose one vote and especially if it's 5-4, all it takes is 1 vote to go the other way. my best guest is this is very likely the ultimate outcome that the court will reach. it's very probable. the actual opinion, the scope, the reasoning, the sweep, the logic, all of that can and does change as the draft ultimately goes through different iterations and becomes a final opinion. >> neil: what we know from justice alito was writing on this, and this dates back to february. he said that roe was egregiously wrong from the start. what do you make of that? how many justices do you think concurred with that view? this was wrong from the start. >> i think they tentatively had a majority. they had five that agreed with that principle. it seemed that chief justice roberts might be trying to see if there was appetite for a compromise, a middle ground. a way to uphold the anti-abortion law but at the same time not overrule roe and casey. the alito opinion says no way. roe was wrong the minute it was decided. five votes for that. we're not going to know if there's five actual votes until that opinion comes out. >> neil: can you see a justice who might have been on the side with alito to strike this down, changing his or her mind now under pressure? >> you know, i don't. i really don't. this is an issue that these justices, all nine of them have been thinking about for a long, long time. these are men and women of great integrity that are used to deciding cases in these highly charged political atmospheres. they're used to deciding these massive cases that get the world's attention. i don't think they're influenced by a public drum beat one way or the other. they decide it on principle, based on what the constitution says. >> neil: thanks for that. tom dupree, a former assistant district attorney general. back to the leak and the origins of the leak. it's important to put this in perspective. we've been here and done this before. leaks are nothing new at all in washington. we've seen this during the january 6th commission investigation, leaks involving president trump's controversial call with president zelensky. a leak of a letter from ford that had the scrutiny of brett kavanaugh. democrats are condemning what is in the leak but not the leaker of this leak. to chad pergram on capitol hill on a pattern here. chad? >> leaks are a custom in washington. leaks about gop north carolina representative madison kawthorn, leaks of mark meadows, audio tips. president nixon called them the plumbers of watergate. usually we have an october spice. this was a may surprise. democrats hope the leak will energize their side. >> i cannot tell you the outrage i feel at this decision. and the outrage i feel that republicans who did it won't own up to it. it's despicable. >> mitch mcconnell would not discuss the implications for the mid-terms but the gop is girding for battle. >> i think the person that leaked this disagreed with the draft opinion and leaked it for politreasons to try to change minds of supreme court justices through public pressure and to b, try to help my democratic colleagues in the mid-term elections. even by the standards of washington d.c., that's pretty cynical. >> overturning roe isn't the policy democrats want, but they believe it will help them with a key voting block. >> part of this november's election, reproductive rights will be on the ballot. women will vote and they will make sure their voices are heard. >> democrats feel burned by senate republicans and formeder president trump. so they're making this a referendum on the former president. the senate never held a confirmation hearing for president obama's nominee for the high court, merrick garland. and then mr. trump got three justices confirmed. that includes amy coney barrett days before the 2020 election. expect democrats to highlight this history on the campaign trail. neil? >> neil: thanks very much for that. on the campaign trail, is this an issue? out of nowhere main a winning hail mary pass for democrats that are looking for one. something that could galvanize the base. to bob cusack on that. it's galvanized some passionate in that base. i'm just wondering how long the passion lasts. what do you think? >> well, i do think it wakes democrats up. they're a bit fat now. they control everything. republicans are the hungry party because they don't control like the democrats do. so neil, i didn't know what democrats were going to talk about on the campaign trail for their campaign message. we've been asking. now we know. it's about abortion, it's about trump's justice picks. that's what they're talking about. they can't talk about covid or inflation or the border. those are the things that republicans want to talk about. this does help democrats. will it save the day? all likelihood, probably not. >> neil: it's a state by state battle in these mid-terms as you reminded me, bob. i'm wondering whether it gets some democrats that might have sat this one out, the mid-terms, feeling more inclined not to and whether it moves independents. i think as you pointed out the economy dictates everything here. that could again be the big issue as we go in to the fall. you never know. we're a long way from that. how do you see this sorting out? >> you have to look at the virginia race. the governor's race that republicans won. youngkin defeating mccaulaugh. will that get democrats more votes in some from the base. the base has been disappointed with what biden hasn't gotten done based on campaign promises. now they have a big reason to show up. remember, if the senate does flip in all likelihood, mitch mcconnell is note going to give joe biden a vote. there's merrick garland all over again. i would bet in 2023, mcconnell hasn't answered this question. if he's the majority leader and there's another open, we'll wait until after the 2024 election. a lot of reason for both parties to vote this fall. >> neil: how does this galvanize republicans or does it? >> there's a narrative in the media that this is the going to get democrats to the polls. i get that. i understand that. i agreed to it to a point. but this issue fires up republicans as well, neil. so this is another reason for them to show up for the polls. its interesting to see how mitch mcconnell and i'm interested to see how kevin mccarthy, the republican leader, deal with this. i don't think they want to talk that much about abortion. they want to talk about inflation, gas prices and crime. they'll talk about this to some degree. but their bread and butter on the other issues that we've been talking about for months. >> neil: i noticed when documents are leaked, people in the end are drawn to what was leaked or what came out. so this republican quest to find out the leaker, if they identify that person, will it make a big difference or are people ticked off about it enough saying this is unprecedented. we've never seen anything like it. >> it's a big deal. it's unprecedented. if they're able to identify the leaker, i don't know who the leaker is. i wish i did. i don't think it's going to matter that much. that is not something that people are going to vote on. for the base, yes. and for washington drama and palace intrigue, we want to know who it is. that is a big story line. >> neil: thanks very much. we showed you the pentagon documents that called in to question what we were saying about the war and the time in vietnam. so it was the final leaked product. not the leaker that got the attention. we'll see what happens right now. also seeing what happens right now, the president of the united states in alabama looking at the weaponry that he's made sure is on route to ukraine if not already there. what the ambassador to the united states from ukraine makes this. again, we need as much as we can as fast as you can after this. ♪ ♪ your happiest spring starts at lowe's. experience all the deals at springfest. lowe's. home to any budget. home to any possibility. ♪ limu emu ♪ and doug. ♪ harp plays ♪ only two things are forever: love and liberty mutual customizing your car insurance, so you only pay for what you need. 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(emu squawks) (the crowd gasps) no, kevin, no! not today. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> martha: as i said from the beginning, this fight is not cheap. but caving to aggression would even be more costly. >> the president now committing and visiting the facility where a loot of the weapons including javelins that the ukrainians need and a lot more of are enroute and being made. ambassador for ukraine joins us right now. thanks for being here. first off, what do you think? this is some of the weaponry coming your way, some of it is has already come your way. what do you think about it? >> thank you very much, neil, for having me. we're very grateful for the american people for helping us in this fight. as russia continues, we will continue to resist and fight and defend our country and we rely heavily on strategic partner number 1 for us, the united states, helping us with all the weapons and all the assistance that we can receive in this. we're very grateful for everything that we receive to date and look forward to what was sent in the proposal by president biden and hopefully used very soon. the war continues. russia doubles down in ukrainian. >> neil: this new military aid coming, ambassador, where do things stand right now? especially with the ongoing russian attacks and sortee attacks are popping up, the air strikes and seem to be targeting civilians. in mariupol, it's the same story, we understand, where individuals find it tough getting out of there and the guarantee safe passage way is not still there. can you update us on that? >> you're right. from the beginning of this face of the war, they want to remind you that russia attacked us eight years ago. this past 69 days, the russian army or russian war criminals were not fighting with the ukrainian forces. they were targeting civilians, shooting at schools, ruining buildings. in mariupol, it's 95% destroyed, the city of tampa florida was circled without food, water and they're pounding it knowing the majority of people are civilians. so it has been -- i cannot even name you what type of war crimes russians have not committed on the territory of ukraine. but we will resist. it's a different phase of war right now where they are focusing on the east and west, but they still continue shooting with missiles everywhere in kyiv, lviv, in odesa. killing women and children. they're not targeting military objects. as ukrainians are effective and putting to good use all the support, the military support the u.s. has provided, we were very effective in keeping the supply lines and been very effective in getting the tools that you're providing us with to places where our forces need them. it's very hard. at the same time, not only defend ourselves but we can win. >> neil: there's not doubt about it. the bravery of your soldiers, ambassador. i'm wondering given the russian poundings, they seem to be targeting where routes of military aid could come in and that's their goal. no matter what the u.s. provides for you, the goal, putin's goal, more specifically, is to make sure that you never get that stuff. >> that's right. but to date, they were not successful in targeting those like they were not successful in taking kiev. like they were not successful in -- they're not fighting with the armed forces. our armed forces are brave. they're fighting with all ukrainians. all of us regardless of what we believe or what language we speak or where we live. all of us want to be peacefully in our own country. all of us want russians to be gone. so they're fighting with all ukrainian people. >> neil: i wonder, obviously targeting civilians, trying to wear you and your people down, ambassador. the multiple attempts on your president's life, ten, he says. it's got to be draining, but you never seem drained. your people never seem drained. they keep at it. what do you think of the strategy of vladimir putin to wear that down, to wear you down. to wear your people down? >> it's hard to predict the strategy of a war criminal. because people like you and me and americans and ukrainians wouldn't even start a war like this. it's unimaginable how this process is in the hands of a normal person would go through to say one day we will take over a peaceful country or kill somebody or children. this should be something that we should never even discuss, you know, or imagine. so we are tired. i will be not saying the truth if i would say that we were not tired. we're tired. at the same time, it's clear for us. we'll see what happens in mariupol and after seeing what happened in bucha and what happened all over the place. it's essential for us. if they're able to occupy us, they will kill us all. we're defending our home, defending our way of living, defending our freedom and democracy. regardless of how tired we are, how many people we lose, we will fight because we don't have any other home. >> neil: you're relentless. so are your incredible people. thanks for joining us. thanks, ambassador, the ukrainian ambassador to the united states. in the united states, all focus and all attention on the state of ohio, a crucial primary battle that will at the time the so-called trump bump and if there is one for one particular candidate, right? >> that's right, neil. this is a fascinating senate race underway in ohio today. primary day. we'll be looking to see if whether or not president trump's endorsement matters to mid-term voters throughout ohio and across the country. we'll tell you what is happening here in ohio after break. stay with us. you're watching fox news. ♪ ♪ i'm the latest hashtag challenge. and everyone on social media is trying me. 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chase. make more of what's yours. . >> neil: any candidate that trump says you're good, you're the guy, tends to do well. that will be under extreme pressure test time in ohio. the first of among many opportunities people will have to see whether donald trump's support closes the deal for them. mark meredith in cincinnati with more on that. mark? >> neil, former president trump surprised a lot of people when he chosed author and business man, j.d. vance. it was president that long ago that vance was critical of trump and his agenda. that appeared to be forgotten when trump came to a rally to show support for vance and vance surged in the polls. over the weekend, trump held a different rally in which he appeared to mix up vance's name with that of the former ohio state treasurer, josh mandel. vance said it was a simple mistake and there's no love lost between those two men. we had a chance to catch up with vance as he cast his ballot. he said he feels good heading into the final stretch and he spoke to trump monday. >> he gave me some encouragement. he's seen polls that he thought were good. i've seen polls, too. he's confident we're going to win. i'm confident we're going to win, too. >> vance is facing plenty of competition, including matt gibbons who spending a lot of his own money. he said it's been quite a journey to get here today. >> it's an end of 13 months of hard work. ended today. hopefully it will begin again tomorrow. >> matt dolan who met with voters this morning has seen his numbers climb just before election day. dolan is selling himself as a traditional conservative as opposed to relitigating the 2020 election. doll says he the last minute surge is real. we've had bad weather today. early voting number was not great to begin with. we're not sure how many people will show up to vote. democrats also holding their primary day today. tim ryan, the man to beat. either way, neil, a lot of money and attention focused on ohio in november no matter what wins the nomination tonight. neil? >> neil: always has been that way, probably always will be. mark, thanks very much. the lead on this from lee parter and phil wegman. lee, for donald trump and donald trump-backed candidates, this is a big test that continues the ohio and goes to other state. and georgia for senator purdue to take on the incumbent governor, who will that will fan out. again, across the country, maybe in different examples of how much weight donald trump still carries. what do you think? >> that's what this is. we'll see the future of the republican party being in the primaries. are we the party that is under trump or more traditionally conservative organization. i don't think it's clear right now. the polling suggests that it's leaning more towards a trump-like landscape when you look at the success of vance. you look at some of the other races there. but then there's other -- the races are close here. you know, if voter turnout is not huge, we might have surprises. there's no doubt about it right now. this is a moment that we'll see who is the republican party going to be going forward and it's looking like trump still does carry quite a bit of weight. >> neil: that has not stopped in georgia, the next big battleground that will test the trump magic. george w. bush has set for this fund raiser to help raise money for kemp. the incumbent governor looks to be in good shape despite senator purdue's backing by donald trump. how do you sort this out? >> i just got off the phone with senators lee, pauly and blackburn. we talked about the leaked draft of the roe v. wade supreme court decision. the fact that we had that conversation the a reflection of the fact that trump got three supreme court justices confirmed. the question is, will those types of accomplishments, will they resonate with voters, particularly idealogically involved ones that are going to these primaries. another phenomenon that is also taking place. as trump sort of received a bit from the fore, he's not on twitter every day. his polling numbers increase. we'll see if his popularity wanes or increases. he's the biggest guy in the room. >> neil: regardless of how these races sort out, nebraska is backing charles herbster, a former business man accused of fondling. that might have an impact. but let's say they're split. do you see that changing any sentiment? no matter how he's contests work out and the mid-terms work out, it's clear that donald trump is running for president again. what i'd like to ask you, no matter the outcome here, no matter if others run against him even if he's is. >> others will run against him even if he is. you can see there's a division in the republican party right now and a real fight for what they decided that they want to become in this moment. i don't think it's going to slow down. i think that if trump is going to run again, we'll see a lot of people trying to take him down. we haven't seen anyone that has come up with a formula that works. the more you try to take him down, the more he excels. so biggest things the republicans are trying to combat trumpism, have to do deal with what is the message. can't be that they are against certain things that he stands for. what is better if they take over the republican party. no one has tried that strategy but it's important to see happen. >> neil: i apologize. we want to break for breaking news here. elon musk says he plans an initial stage of public offering of twitter in as little as three years of buying it. this is coming from the "wall street journal." we'll keep you posted on that and how the markets are trying a comeback, back-to-back days, that is a rarity for the nasdaq, which hasn't seen that in a better part of a month. we're on that after this. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? 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(laughs) flexible cancellation. kayak. search one and done. discover a simple way to use colors in managing diabetes! inspired by nature, onetouch verio reflect® meter shows instantly if you're below, within or above your range. it cheers you on and provides guidance. connected to your health and your phone. visit onetouch.com today. with directv stream i can get live tv and on demand together: baseball, ghostbusters, baseball, ghostbusters, baseball... ♪ it's good to be back! that is one foul ball. let's do this! ♪ cross the stream! ♪ get your tv together with the best of live and on demand. directv stream. call 1-800-directv >> neil: all right. the great exodus from ukraine continues. five million people have left thus far, six month if you look at those that went to other countries. poland is the biggest. janet is here with us to tell us about folks dealing with the onslaught. doctor, what are you see something. >> hi, neil. it's still every day ukrainians are being killed or injured, broken bones. wounds, rashes. severe dehydration. they're still coming in, they're still being injured. those not severely injured are able to cross the border. i'm sitting in front of the border right now. it's less stressful on my behalf because we're not in lviv where we're getting sirens and alarming going off and the looming fear of will we have to go underground and seek shelter. now we can focus on taking care of the refugees. they're very ill and a great need for humanitarian aid and humanitarian care. it's important that we make sure that we provide and have the resources available. we're providing them with food and shelter and clothing and other things like that and the critical medical aspect. if you don't have access to blood pressure medicine, you can have a stroke, a heart attack. if you don't have insulin, that can kill you. we're trying to provide those resources to at least give them a little reprieve from the horror that they're enduring. >> neil: we've heard as well, the latest group of refugees, those trying to find their way to safety are finding that the humanitarian pathways that have been promised by the russians are not there. they're striking out on their own. a lot of them are dealing with serious health issues. how bad is that? >> it is bad. if you're in ukraine, you're not safe. nobody is safe here. that's why our railway station setup that we were taking care of patients there, it's not there anymore. it's too dangerous. so yes, some of the volunteers as well, they've become ill. they have become dehydrated. they're losing weight. that's why its just teamwork in trying to take care of one another, trying to take care of the refugees and provide resources for everyone in need. >> neil: thanks, doctor. doing the lord's work there. thanks for joining us. dr. ian net nesheiwat. when we come back, the fuss over the leak. but why no fuss over the leaker? who got this out there? and why? 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ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. >> concentrate on what the news is today not draft but the fact that the draft was leaked. >> it is utterly amazing that mitch mcconnell did not want to say he supports repealing roe v. wade at this meeting. every time it was brought up substantively about roe v. wade all did he was talk about the leaks. >> neil: well, the sleek a legitimate issue. we have never seen happen before regarding the supreme court of the united states. that's a big deal in and of itself. so reho released this? what was behind it? was it a way to get some of these justices to buckle, maybe change their minds. a lot we don't know. my next guest want to find out or try to know. senator steve daines sits on the energy committee. a lot committee kinds enough to join us right now. any idea at this point who did leak that information? >> ? >> well, neil, we need to find out and we are going to find out. it's unprecedented. it's never happened before in the history of the united states supreme court. it's outrageous breach of trust that was solely done to intimidate. to intimidate the justices on the united states supreme court it is outrageous. mob rule unleashed. it's also telling, neil, not a single democrat u.s. senator has condemned the leak. that tells you a lot. in fact, you got folks out there on the left who are praising person leaked. in fact they are saying this person is a hero. this is outrageous because fundamentally the trust of a supreme court has been breached it will never be the same going forward. >> neil: chuck schumer said there is a reluctance for your colleagues to state where they are on roe v. wade in overturning it. what do you think of that? if this is true, would you say that this is a good move if the supreme court goes this round. >> i think it is a good move. let's be clear around what this ruling will be if indeed it holds. and this is it transfers the power from nine justices in black robes to the american people and specifically to elected officials who will decide going forward what the laws ought to be to protect unborn babies and moms. do you realize the most dangerous place in the world to be if the democrats have their way, is to unborn child is the united states of america. they there are only seven countries in the world that allow abortions up to the point of birth which is where the democrats want this to be. that includes the united states, north korea, and china. that ought to be chilling as a father of four and three grandchildren we ought to do most we can to protect the vulnerable that includes the unborn. >> when we talk about the impact this could have on the midterms. you get this impression from democrats that it is galvanizing their base and might mitigate their losses in november. do you agree with that? >> i don't think so. i will tell you why, neil. i remember and you remember 2018 when president trump nominated brett kavanaugh to the united states supreme court. you remember what happened? they unleashed the left mob on brett kavanaugh. and the american people saw this outrageous mob storming the hearings. they were storming the bottom line they reached way too far. and you saw that we had a very strong performance in 2018. and i think the american people reject this radical far left out-of-step where most americans are. because most americans believe that it shouldn't be the supreme court to that decides this it ought to be elected officials. they want the power to debate this contentious issue and it allow abortion up until the moment of delivery, that is what chuck schumer and nancy pelosi and democrats want, neil, literally. a minute away from being born the democrats would say you can have an abortion. that is chilling. that is chilling if you really look at the facts. >> neil: all right. at this particular supreme court case cover that to your point here. so, but we will be examining this very, very closely, senator danes, thank you very, very much. future gut greg gutfeld along with judge jean perino dana perino and "the five." ♪ >> greg: so, did something happen? yeah, aoun precedented leak at the supreme court sending democrats and republicans into a frenzy. but for different reasons. chief justice john roberts confirming the authenticity of a draft opinion that would overturn roe v. wade while pointing out that the supreme court has not made a final