>> brian has a big night. prayer for his daughter. her soccer team. >> they have to win the make the playoffs. >> let's see how it goes. >> i don't know what i'll do. >> bye, everyone. >> bill: good morning. we're six days away from a make or break bellwether race. president biden throwing his weight behind terry mccauliffe. will the president help the cause or will he weigh it down? that's the query today. i'm bill hemmer. >> dana: i'm dana perino. "america's newsroom." are you asking me? >> bill: do you want to answer it now? >> dana: give a tease. it will be a close race. i think youngkin wins by a hair and the democrats will realize that their strategy for running in a state like virginia won't work in 2022. >> bill: did biden have a

choice? he had to cross the river. you have to go and own it, right, win or lose. >> dana: president biden stumping for mccauliffe in arlington. sinking poll numbers threatening to drag down the former governor. democrats can't afford to lose anymore ground. >> bill: mccauliffe is running against glenn youngkin never had office before. you wouldn't know it from the president's speech. his remarks mentioned donald trump 25 times in 15 minutes. >> president biden: now he doesn't want to talk about trump anymore. well, i do. i ran against donald trump. and terry is running against an acolyte of donald trump. >> dana: the mccauliffe campaign is under fire for advertising fake news websites. correspondent mike emanuel has this story. >> good morning. that approximately $100,000

investment bought the terry mccauliffe campaign 3 1/2 million views of -- they appear to publish local news but promote democratic candidates. the websites have been widely described as misinformation and partisan propaganda. this revelation comes with less than a week until election day. both mccauliffe and youngkin are locked in a tight battle competing for every vote. like most campaigns mccauliffe operates a facebook page to promote his candidacy. fox news found the former governor operates another facebook page that blurs the lines between a political campaign and disinformation called the download virginia. quietly launched by mccauliffe in june. it may sound like a new site the page hasn't published any posts or photos and only 67 people have liked the page.

that's facebook's method of describing followers. most voters who have come in contact with the download have done so through paid advertising. the mccauliffe campaign has spent $471,044 on ads on this page since june. they contain a comment and link to a mainstream media news article that covers the campaign favorably. along with the links to legitimate media in seven separate advertisements and dozens of variations that promote websites considered to be fake news. it comes as the dnc is highly critical of social media sites to not do enough to combat fake news. they've declined a comment of promoting misleading news sites. fox news couldn't find any evidence or youngkin or the republican party of virginia were promoting any fake news

sites during this campaign. >> dana: good information. thank you, mike. >> intriguing story. guess what's back? what we did here is we showed you the results of the governor's race from nour years ago. northam an easy winter. virginia is an interesting state to break down. around the highly populated counties around washington, d.c. a lot of democratic votes in recent years. we'll watch it tuesday night. down state you get republican strength. fewer votes down there in the countryside but they can add up over time. today glenn youngkin will be here in franklin county. you see what gillespie did 70% of the vote in 2017. we'll talk to the governor coming up in 25 minutes about his strategy. gives you a lay of the land right now. i would keep an eye right now a lot of attention right now in

richmond, city, county and the north county surrounds it. down here chesterfield county. suburban votes there. both men even though they're in the north and southwest will find their way to this part of the state in recent days here. show you this. pop on out here and give you a sense of where we have been on the national level. statewide level from 2020. this is where we were a year ago, dana. joe biden won the state by 10 points. it was a wipe-out, all right? where are we now on the most recent polling? mccauliffe and youngkin a dead heat at 46/46. little deeper into numbers one more graph. independent voters polled in virginia. 11-point lead for youngkin. we know many times in the races independents can swing the thing. that sets the table right now for what we see in virginia. terry mccauliffe says it is a

state for lovers. >> dana: the fact that you have biden's approval number in virginia at 42%, that's why the president was in those blue counties that you were showing that should be for him anyway. they are trying to figure out a way. where else would he go if you look at the rest of the map it is quite red. >> bill: the other thing they're trying to gauge is enthuse as many. it apples the enthusiasm and energy is on the republican side as of late. a sample of that. roll this from some voters in virginia. >> number one. >> i don't know him but only thing is he is a democrat. >> i've been voting democratic. i'm not crazy about what the republican party has been doing. >> bill: the reason we point this out. it's all about turnout and getting people to go out and vote and why obama has been there, cory booker is going

there today. on and on. youngkin hasn't brought in any big players for his campaign. >> he is doing it himself. wall street board said if mccauliffe wins november 2 democrats will run against mr. trump. if he loses or wins by a whisker it will be a warning to democrats will say their left leaning ways. everybody is paying a lot of attention. >> bill: if it turns out to be a close election or youngkin wins it will change the balance of political power in america and the way we look at it for the next year. >> dana: more of this coming up later this hour with the republican candidate for virginia governor glenn youngkin. >> bill: a school board meeting in loudon county virginia turning heated last night and saying officials ignored a string of sexual assaults. >> the girl's dad is using

profanity. this board and this school system put children last. the bar can't be any lower. >> how dare you. our out rage is very real. >> prompting students to stage a mass walk-out after a judge found a suspect guilty of assaulting a 15-year-old girl in a bathroom. he was 14. it took place in may. the same student has been accused of a second assault this past month. >> dana: the house judiciary committee grilled garland last week. this week he will testify in front of a senate panel facing questions about the justice department's memo directing the f.b.i. to investigate what it calls threats of violence against school employees across the country. the school board organizations is apologizing. our next guest is a member of the senate panel.

john kennedy of louisiana. i was surprised. i thought once the school board association disavowed the letter the attorney general would take the opportunity just to withdraw his guidance to the f.b.i. but that apparently is not going to happen. i expect it will be something you ask about today. >> you make a valid point, dana. but merrick garland is the vessel here. the prophet is president biden and the white house. merrick garland won't back off until the white house tells him to back off. it was all instigated by the white house. but you don't have to be a latin scholar to figure out what this is all really about. it's about parental love. my late father used to tell me when i was a kid he said you'll never know love until you have

a child and he was right. and most parents want what's best for their children. they don't want their children to grow up to hate. they don't want their children to grow up to be racist. and that's what critical race theory teaches. should our kids learn about slavery and jim crow in school? yes. should our kids be taught about the tulsa massacre? you bet. but should our kids be taught that white babies are born bad and black babies are born hopeless and can't make it without the help of the government? that's -- most parents don't want that. they don't believe it. most parents don't believe that babies can be white supremacists and that's really what this is all about.

and you strip away the politics, it's about parental love and also -- >> bill: parents are looking for a direct apology and they didn't feel it was forthcoming in the letter from last friday. garland last week said that he did not mention the words domestic terrorism or patriot act in what he was talking about. is that good enough for you? what is your direct question for him today coming up in an hour? >> i will have several direct questions for him. let me say it again, garland -- general garland is just a vessel. this is all coming out of the white house. the national school board association wrote this letter because they're tired of parents asking them about the teaching of critical race theory, the national school board association colluded with president biden and the white house to craft the letter. as soon as they got the letter they sent it to merrick garland and told merrick garland to sic

the f.b.i. on our parents. and call them if not explicitly and implicitly dangerous domestic terrorists. and to try to chill -- it did have a chilling affect on parental involvement and parental activism with respect to what their kids are learning. what's ironic, we have tens of thousands of kids today who are more likely to grow up and commit a crime than to own a home or get married. and why? a big part of the problem is lack of parental involvement. what is our president and attorney general doing? they're trying to diminish the involvement of parents in their kids' schools. you can't make this stuff up. it is -- shame on them. they ought to put a bag on their head. >> dana: senator, thank you for

previewing the hearing for us. no doubt a lot of questions. democrats get a chance to ask them as well coming up in the next hour. thank you so much. >> bill: we'll be watching 10:00 a.m. it starts on the hill. deadly moving set shooting involving alec baldwin. there will be an announcement we expect today. are criminal charges on the table? >> dana: bottleneck at the nation's port showing no signs of improving. how the crisis is getting worse and we also talk to the director of the port of miami. >> bill: exclusive new images today from the southern border. a daily occurrence of exclusive video. we're the only ones down there it would appear showing texas state troopers in hot pursuit of a human smuggler. we'll show that to you. >> we want the president to come down and he needs to understand what's happening and listen not only to the immigration activists but listen to our border

communities. we're at the border. you have the best pizza in town and the worst wait times. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire veteran homeowners, mortgage rates are still near all time lows. and home values matching your job description. are at all time highs. that makes right now the best time in history to use your va refi benefit and get cash. you could take out $50,000 or more because the newday 100 va loan lets you borrow up to 100% of your home's value. use that cash to pay high rate credit card debt or plan for retirement. the newday 100 va loan.

♪ say it's all right ♪ ♪ say it's all right, it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ now listen to the beat ♪ ♪ kinda pat your feet ♪ ♪ it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ oh, it's all right ♪ is now a good time for a flare-up? enough, crohn's! for adults with moderate to severe crohn's or ulcerative colitis, stelara® can provide relief, and is the first approved medication to reduce inflammation on and below the surface of the intestine in uc. you, getting on that flight? back off, uc! stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths,

have had cancer, or if you need a vaccine. pres, a rare, potentially fatal brain condition, may be possible. some serious allergic reactions and lung inflammation can occur. lasting remission can start with stelara®. janssen can help you explore cost support options. re-entering data that employees could enter themselves? that's why i get up in the morning! i have a secret method for remembering all my hr passwords. my boss doesn't remember approving my time off. let's just... find that email. the old way of doing business slows everyone down. with paycom, employees enter and manage their own hr data in one easy-to-use software. visit paycom.com for a free demo.

[ kimberly ] before clearchoice, my dental health was so bad i would be in a lot of pain. i was unable to eat. it was very hard. kimberly came to clearchoice with a bunch of missing teeth, struggling with pain, with dental disease. clearchoice dental implants solved her dental issues. [ kimberly ] i feel so much better. i feel energized to go outside and play with my daughter. i can ate anything. like, i don't have to worry. clearchoice changed my life. if you're 55 and up, t-mobile has plans built just for you whether you need a single line or lines for family members, you'll get great value on america's most reliable 5g network. like 2 lines of unlimited for just $27.50 a line. that's our everyday price. plus, our plans always come with unlimited talk, text and data included. so, switch to t-mobile and get 2 lines of unlimited for only $27.50 a line. that's half the price of verizon or at&t. only at t-mobile. the leader in 5g.

>> dana: fox news alert. fda advisory committee giving the go ahead to the pfizer vaccine for children between 5 and 11 years old. voted unanimously with one abstention. the benefits in that age group outweigh risk. the recommendation is a critical step in expanding vaccinations to millions of youngsters across the country. >> bill: on the hill senate democrats saying the endgame is in sight if you look far enough as they look to seal a deal on president biden's massive spending bill. the devil is in the details and we don't really have the details yet. chad pergram is on that live from the hill.

some are optimistic and some are saying how does it happen? how do you see it now? where does it stand? >> we don't know those details. one moderate democrat told fox they were exasperated at progressives making impossible demand and members frustrated as they try to divine what's in and what's out. finance committee chairman released his plan to tax billionaires. some viewed it as an effort to court the left. so many liberal initiatives are pared back but democratic leaders deny that. >> we're not making decisions based on what the moderates what, what the left wants, what the center wants. we're making decisions based on what is good for the american people. >> biden's plan is likely out because it does not align with strict budget rules. kyrsten sinema imposed an increase in the corporate tax but endorsed a basic tax rate of 15% aimed at 200 firms with

profits of more than a billion dollars. it looks like expanded healthcare benefits for vision and dental are out but help with medicine is in. >> will the language expanding medicare benefits and lower drug prices be in the final package? >> we're making progress. we're not there yet on either of them. >> democrats must settle on the pay-fors and get a price tag on the overall bill and progressives are saying they may not support the bipartisan infrastructure bill unless the house votes on both bills back-to-back. >> bill: tough stuff. i don't know how you thread the needle. >> dana: it is ridiculous nonsense. this is no way to run a railroad. they have such a narrow margin of support. they came up with a 3.5 trillion. didn't explain it to anybody and we forgot to listen to what manchin and sinema told us. those things are off the table. they are making the ways and

means chairman, the democrat, chairman saying what do you mean? you want me to come up with a new tax policy out of thin air and i'm supposed to have it written and sent out? this is not a way to run a country. i don't mind if they want to have a proposal to change the tax system let's have a conversation about it. you can't write this thing in the middle of the night and expect america to support it. >> bill: steam is coming out of his ears. you get the sense they're throwing ideas against the wall almost every day to throw a different idea at the wall and right now the target is billionaires. whether it goes anywhere is an open question. manchin and others say it doesn't make much sense. >> dana: you can't do this to america in this way and they are at risk of not getting anything done for the president this week at least. communities on the southern border are bracing for a new wave of migrants as a new caravan is coming to the united states. law enforcement at the border tells fox news cartels are upping their game to further exploit the chaos stretching

resources to the limit. dan springer is live in la joya, texas. >> the human smugglers are getting more creative in hopes of getting the estimated 60,000 migrants who are waiting in mexico across the border into the u.s. for law enforcement it is a 24/7 job trying to keep up. we had a fox news crew on a ride along this morning. at 3:50 this morning a dps trooper spotted a hand sticking out the back of a truck bed cover and gave pursuit. [shouting in spanish] >> after a two-mile chase the truck stopped and trooper ordered everyone out. they apprehended seven migrants. seven disappeared into the brush. in addition to the truck driver, smuggler there was also a second vehicle being used to scout for police and border patrol. yesterday at a border patrol

checkpoint in the rio grande valley a u haul truck looked suspicious. a can nine alerted and migrants were hiding. to show how dangerous for these people being smuggled in. border patrol came across a car with blood on the doors. two hours later they found five migrants hiding in the brush. the smuggler nowhere to be seen. as the texas national guard amasses along the border hoping to deter that caravan from mexico trying to -- soldiers are 3,000. a drop in the bucket for what's needed on the border as the police and border patrol say there are dozens of spots where migrants can cross and get into the u.s. dana. >> dana: dan springer thank you at the border. >> bill: the nba star boston celtics center enes kanter

calling out nike and china again. slamming the company and what he says nike needs to do to stand up to beijing. president biden touting his economic record in virginia and voters rank it as a big concern. glenn youngkin joins us live to make his pitch coming up next. knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? yep. i'm the all-in-one management software built for small business. high thryv! ow. get a free demo at thryv.com.

going to tell you about exciting medicare advantage plans that can provide broad coverage, and still may save you money on

monthly premiums and prescription drugs. with original medicare, you're covered for hospital stays and doctor office visits. but you have to meet a deductible for each, and then you're still responsible for 20% of the cost. next, let's look at a medicare supplement plan. as you can see, they cover the same things as original medicare, and they also cover your medicare deductibles and co-insurance. but, they often have higher monthly premiums and no prescription drug coverage. now, let's take a look at humana's medicare advantage plans. with a humana medicare advantage plan, hospital stays, doctor office visits and your original medicare deductibles are covered. and of course, most humana medicare advantage plans include prescription drug coverage. in fact, in 2020 humana medicare advantage prescription drug plan members saved an estimated $8,400 on average on their prescription costs. most humana medicare

advantage plans include a silversneakers fitness program at no extra cost. dental, vision and hearing coverage is included with most humana medicare advantage plans and, you get telehealth coverage with a $0 copay. you get all this for as low as a $0 monthly plan premium in many areas. and your doctor and hospital may already be a part of humana's large network. if you want the facts, call right now for the free decision guide from humana. there is no obligation, so call the number on your screen right now to see if your doctor is in our network, to find out if you can save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare.

>> bill: weeks after the biden administration announced an expansion to a round the clock operations at ports of l.a. and long beach, california. the situation remains largely unchanged. port officials say they'll fine companies if your cargo containers linger too long. how is that going to be helped? containers moved by trucks will allow to stay for nine days, by rail three days. violators will be fined $100

per container beginning november 1. is that incentive enough? >> dana: there is nowhere for it to go. i understand what the ports are saying. you have to do something because all these ships are sitting off the coast and we need to get them here. maybe that's just the market at work. >> bill: 100 plus ships and more coming, right? >> dana: a lot. state department announcing it has issued its first passport using an x as a gender designation. the milestone recognizes those people who don't identify as male or female first announced in june the department was toward adding an x gender non-conforming persons for a passport. it is offered on a regular basis early next year. president biden taking to the campaign trail in is virginia governor's race delivering a speech for democrat candidate terry mccauliffe touting the economy as latest polls show approval ratings are in a free

fall. mark meredith is outside the white house for us. hi, mark. >> good morning. president biden is only the latest high profile democrat to head to virginia to try to stump for terry mccauliffe. the polls in the race are neck-and-neck and unclear if the president's rally last night will be too little too late to move the needle. only a few weeks ago mccauliffe was complaining the president's low approval ratings were hurting him in the race. now embracing the white house and economic policies which critics say have been disastrous. a fox news poll shows only a small number of registered voters believe the economy is in excellent shape. look at the number that consider it to be fair or poor. 73%. still the president is insisting the economic policies are working and they will be embraced by virginia voters. >> president biden: we're on the right track and we have more to do. if you are looking for someone who will keep your economy going and growing the man behind me is the guy to get it

done. >> democratic divisions over a number of issues including the two massive spending bills may be hurting, not helping mccauliffe in the race. he is also campaigning on the economy promising to embrace the economic vision coming out of the white house. >> i am a uniter, glenn youngkin is a divider. i promise all of you we will create good jobs in every corner of the commonwealth. i promise you we will raise the minimum wage to $15 by 2024. >> virginia's unemployment rate is lower than the national average but employers across the commonwealth say they still can't find workers and critics argue because of some of the pandemic benefits extended well into this year that may have kept people from getting back to work. there are a lot of questions whether or not the president's visit last night will make much of a difference. so many people have early voted. >> dana: the president is getting ready to leave on the

trip to rome and glascow for the climate change meeting the u.n. is hosting. he wanted to have legislation on his desk, have a deal to take to the europeans and the rest of the world to say here we are. they won't get that it doesn't look like. the white house prepares to lower their expectations? >> they were asked about this yesterday and said the administration believes that these world leaders understand how our democracy works here in the country and they understand things don't come easy with congress. it was a question the white house faced repeatedly yesterday saying what will they be able to bring to the table? the administration says it's a vision and long-term commitment that may make a difference for the president on this trip. >> dana: half the government is headed to glascow. >> bill: a governor's race in new jersey. new poll from monmouth university showing incumbent democrat phil murphy leading the challenger, the republican, 51 to 40%. 11 point margin down from 17 points in august.

it is tightening you could say. voters in new jersey have not reelected a democratic governor since 1977. so why are we giving it so much attention? a report card of sorts you would agree with that in the current state of the country and direction of the country and the policies you're looking at now. a big governor's race in virginia and new jersey. two races in ohio, congressional level that don't appear to be shifting one way or the other. we wouldn't expect a change of balance of power in congress. you never know and why you vote and find out what happens on tuesday night. >> dana: one interesting thing to me about the new jersey race. governor murphy was really in the crosshairs of opponents especially in regards to covid and nursing homes. but because andrew cuomo, the governor in the neighboring state of new york was getting so much negative attention he was basically able to hide underneath it. the race has tightened and why we're giving it more attention. >> bill: you are arguing that

cuomo and murphy had similar policies but cuomo's press conferences got the meat of the attention. >> dana: he had other issues, too. >> bill: the d.a. in sante fe county new mexico looking into the accidental shooting death on rust saying they haven't ruled out anything including potential criminal charges. we'll hear from new mexico officials at a press conference. it happens today. jonathan hunt sets the table live in sante fe with what we think we know so far. good morning, jonathan. >> good morning, bill. in a few more hours we certainly hope that we will know a lot more about what happened in this tragic case. chief among the questions that we will be wanting to ask both the sante fe county d.a. and the sheriff is what kind of ammunition was in the gun that was fired by alec baldwin on

that set. were they live rounds? it seems possible, even likely given the damage they did that they were live rounds. the question if that is the case, how on earth was live ammunition on a movie set anywhere, let alone in the gun fired by alec baldwin? and as a result we'll be asking will anyone, including baldwin himself, likely face criminal charges? the sante fe county d.a. has talked to the "new york times" and said this, quote, we haven't ruled out anything. everything at this point, including criminal charges, is on the table. and regarding the ammunition that was possibly in that gun, she says there were an enormous amount of bullets on this set. we need to find out what kinds they were. now, we know from an affidavit released already by the sheriff that alec baldwin was handed that gun and someone identified by some on the set as the

assistant director shouted cold gun meaning it should have been safe to use. obviously that was not the case. we're also learning that david halls, the assistant director, was actually fired from a movie set in 2019 because of the accidental discharge of a gun. so there are so many questions that need to be answered. obviously halyna hutchins, the woman killed in the shooting, her family want answers to all of those questions and of course, bill, whatever happens in terms of criminal charges, it seems all but certain that a multi-million dollar civil lawsuit is on its way. >> bill: what time is that today again? >> that is due 10:00 a.m. here in sante fe, new mexico, noon eastern, bill. >> bill: we'll be watching. thank you. >> dana: despite a rise in crime across the country the white house plowing forward

with a plan to eliminate cash bail. proposal for gender equity. judge jeanine will weigh in. i have friends. [ chuckles ] well, he may have friends, but he rides alone. that's jeremy, right there! we're literally riding together. he gets touchy when you talk about his lack of friends. can you help me out here? no matter why you ride, progressive has you covered with protection starting at $79 a year. well, we're new friends. to be fair. eh, still. ♪ darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! ( sighs wearily ) here, i'll take that! ( excited yell ) woo-hoo! ensure max protein.

with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) hey i'm joe montana. when you get to be our age, and nutrients to support immune health! you have little patience for nonsense and inefficiency. after years of practice, you become a pro at pretty much everything. so when i qualified for medicare, i got with wellcare. wellcare is no nonsense. they're pros at putting everything together to make things easier. their plans include things like prescription drug coverage dental, vision, and hearing coverage. it just makes sense. ♪ ♪ yeah. do you want a medicare advantage plan that just makes sense? then be like joe montana and go with wellcare. wellcare can offer their members dental, vision, and hearing coverage to make things easier. it's a no brainer. go with a no-nonsense medicare insurance provider.

call for a free wellcare guide today.

>> bill: a lot of attention on the governor's race in virginia. mccauliffe bringing in the big guns to defeat our next guest republican candidate glenn youngkin who appears to be campaigning by himself in virginia. thank you for your time and good morning to you. two things i want to share with our audience. a poll about right track and wrong track in virginia and 66% believe we're on the wrong track. a lot has to do with the economy and viewing their own finances in virginia and independents you have an 11-point advantage. you believe you have a slight edge in virginia based on what?

>> yeah. we are seeing it first of all everywhere we go. the crowds are huge and the enthusiasm is absolutely so encouraging. but also we're seeing our internal numbers and surging ahead. terry mccauliffe seeing the same thing. he is acting like a desperate candidate bringing in everybody he can find to campaign with him to get the spotlight off his failing campaign. we're seeing across virginia independents, democrats and republicans come together and we're marching to victory. i can see it and feel it and it is all across this great commonwealth. >> dana: sometimes it is about instincts, right? but you say you have the numbers to back it up as well. a few days left to go. president biden came in last night to rally for terry mccauliffe before he heads to europe at the big climate change meeting. he said something that i thought was over the line. i want to get your take on it. listen to it. >> president biden: the lives lost to this pandemic could have been saved. extremism can come in many

forms. it can come in the rage of a mob driven to assault the capitol. it can come in a smile and a fleece vest. either way, the big lie is still a big lie. >> dana: background you can see terry mccauliffe nodding, smiling, laughing at that comment in which he compares you to a rioter who went into the capitol on january 6. how did you take it? >> i just take this as the standard rhetoric from a failing campaign. what they are not focused on is what is really happening in virginia. we have parents trying to stand up for their children in school boards all over virginia. we saw students walking out of the classroom yesterday trying to actually just please ask school boards across virginia to look out for their safety. this is what this race is about. and terry mccauliffe can't talk about any of these things because he is on the wrong side

of every issue. he believes big government should stand between parents and children. we'll find out today where it stands. merrick garland will speak on behalf of joe biden and behalf of terry mccauliffe. they were together yet. whether they pull back the f.b.i. from trying to silence parents all over virginia for standing up for their kids. this is what this race is about. it's about our kids' future, virginia's future and kerry mccaul i have and joe biden don't want to talk about it. they're on the side of big government. i'm on the side of parents and students. the entire nation is watching this. i see it every day joining us on our website. joining us as youngkin for governor.com and making such a statement on behalf of parents and students all over the nation. >> bill: if you are right about the results on tuesday night, i know you are concerned about virginia only. what sort of statement do you believe it sends to the rest of the country and the biden agenda. how much thought have you given

to that? what should we read into that if you are victorious? >> i've been so focused on virginia. i'm a virginian running for virginians and getting our taxes down and make sure we have the best schools that look after our kids' safety and deliver a quality education where our kids learn how to think and aren't told what to think and make our communities safe and have a real economy with growing jobs, not government intervention. i do think that america is watching virginia because america needs us to vote for them, too because this statement we're about to make in virginia will reverberate across the country and that's why we're getting support from all over the nation but it is so much fun to watch virginians come together. it is not republicans against democrats. the reason why we're up by double digits with independents is virginians are making a statement about a new day, different kind of governor. not a 43 year career politician with recycled policies and by the way is just tired.

no one wants him anymore. they are rejecting him completely. a new day for virginia we'll soar and not settle. >> dana: the campaign is in the homestretch. appreciate you coming on today and we'll watch with great interest. thank you. >> thank you so much. follow us at youngkin for governor.com. we'll win on november second. >> dana: take care, have a good day. >> thank you so much. >> dana: so everybody knows officials from the mccauliffe campaign rejected our request for an interview. the democratic candidate has yet to appear on "america's newsroom." the invitation remains open. >> bill: six days and counting. garland minutes away from being inside the hearing room on the hill. republicans will grill him on the d.o.j. crackdown against concerned parents and schools. don't think about putting a muzzle on enes kanter. he is speaking his mind again about china. >> don't forget every time you put those shoes on your feet or

you put that t-shirt on your back there are so much oppression and blood behind it. one call can save you thousands every year. and it's easy. there's no money out of pocket and no upfront fees. and while some banks are raising their rates, newday is holding the line for veterans. lock in your rate.

when did you see the sign? when i needed to jumpstart sales. build attendance for an event. help people find their way. fastsigns designed new directional signage. and got them back on track. get started at fastsigns.com.

>> tech: when you get a chip in your windshield... trust safelite.ot them back on track. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. (man 1) oh, this looks like we're in a screen saver. (man 2) yeah, but we need to go higher. (man 1) higher. (man 2) definitely higher. (man 1) we're like yodeling high. [yodeling] yo-de-le-he... (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm. (vo) adventure has a new look. (man 1) let's go lower. (man 2) lower, that sounds good.

(vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. >> dana: president biden is pushing to end cash bail as part of his plan to promote gender equity. to talk about is judge jeanine pirro. we'll work to end cash bail and recognizing the harm these processes caustic larly for black women and families. what does it mean to have no cash bail? >> what it means whenever anyone is charged with a crime they'll end up maybe being arrested but then being let out immediately. there is nothing that ties them to the court or to the particular case. they can leave the vicinity, there is nothing that prevents them from never coming back. cash bail is part of the constitution. it is the eighth amendment to the constitution. our founding fathers considered that important. as a judge i would say what are

your connections to the community? why should i believe you are coming back to court? what are your ties to the community? now they're saying we don't care who you are see if you come back. the facts are clear. in jurisdictions where they don't have this cash bail, 37% refuse to show up or commit other crimes before they actually are called for their first return to court. and then in some jurisdictions 50% commit other crimes before they get to the first time back in court and then some of them abscond completely. >> bill: our fox polling when we asked are you extremely or very concerned about crime in your neighborhood 50% said yes based on your answer that number will go higher. >> it will go higher. we saw the biggest increase in crime since we've been keeping stats from 2019 to 2020. never that high. higher this year. the whole concept is to let the criminals out among the citizenry. you have to wonder what's the motivation? they can call it gender equity

or whatever they want. they can call it the new thing trauma-influenced practices. they want to make sure that everyone feels that they have a fair shake. that means if you commit a crime, we aren't going to keep you in jail on bail until your trial because we want you to have a fair shake. what about the fair shake for the victim? they don't care about the victim. >> dana: national journal tweeted is the white house trying to lose the 2022 mid-terms? but also wanted to ask you about this. there will be -- jonathan hunt showed us there will be a press conference today possible charges being discussed in new mexico for the shooting that happened on alec baldwin's movie set. >> i would be surprised if they announce any charges at this early stage. there is a lot to go through. we have both civil and criminal liability here, potential criminal liability on the part of alec baldwin. involuntary manslaughter is not off the table. it's a crime that occurs

without malice or appropriate circumspec shun. everybody is trying to save money on the set. an armorer who is a legacy hire. dave halls fired. they had constant notice one after another they weren't prepped. let me ask another question. you have a revolver. in order to pull that trigger, you have to pull the hammer. it is a single action. why is alec baldwin have the hammer cocked and then pulls the trigger? so it's not just taking a gun and pulling the trigger, he had to cock that hammer in order to release that bullet. so no one is really talking about that. i get the cross-body thing. whether it's a prop gun or real gun. if you have a real bullet in a prop gun it can kill one person as it did halyna. it went through her and into the director. >> bill: they are acting, okay, on a set in new mexico. why would they have a live bullet? >> that speaks to the

incompetence and negligence on the part of this crew. there should not have been any live ammo anywhere. this is what happens in a real movie where they have real professionals. you take that gun, you open the chamber, you see there are no bullets in the chamber, you take a light, you look down the barrel. no casing in the barrel and then you say cold gun. you prove it is a cold gun. this was amateur hour to save money and one person died. it is -- you could say alec baldwin didn't mean it. that's not the test. the test is was he reckless, did he not have the circumspec shun and attempt to save money that puts them all in jeopardy. >> bill: law enforcement will make an announcement. >> dana: attorney general merrick garland will appear on capitol hill in a week today giving testimony before the senate judiciary committee and

we are expecting fireworks as he faces questions. >> bill: good morning. today's testimony comes as the department of justice is in the middle of several high profile cases and controversies, state voting rights. hunter biden's art sales in new york and d.o.j. investigation into parents at school board meetings. with that aishah hosni sets the table to preview the hearing on the hill. good morning. >> good morning. it sounded like a long laundry list. there is a giant web of controversy and a.g. garland is at the center of it all today. no topic is off limits. by far the most important topic for republicans today will be garland's october 4th memo asking the d.o.j. to look into threats made against school board members but garland still has not explained what he meant by the d.o.j. looking into the

very vague terminology he used other forms of intimidation and harassment, what does that mean? also that memo came mere days after the national school boards association asked the president, when asked -- excuse me to ask the president to use the patriot act to deal with the threats. you can expect senators to ask what contact garland had with the white house. republicans asked him to retract the memo. yesterday when asked by fox lisa monaco declined to do that which is only going to add more fuel to the fire today. >> merrick garland has a lot of explaining to do coming to the senate judiciary committee today to testify in part about why he siced the feds on parents. he should say i'm sorry, i acted inappropriately and i will resign. >> senators will ask him about the sexual assault at allow done county, virginia school which he claims he knew nothing about last week and questions

about hunter biden's art deals and ongoing financial drama as well as the january 6 attack on the capitol and steve bannon's refusal to comply with a congressional subpoena. senators get seven minutes in the first round and we're not expecting any break today. it could go very well into the afternoon hours. >> bill: we're on stand by. thanks aishah hosni on the hill. >> dana: jonathan turley is a constitutional law expert. i'm curious why the attorney general wouldn't say fine, you want to withdraw your letter we'll withdraw the memo as well. senator john kennedy earlier today. >> merrick garland is the vessel here. the prophet is president biden and the white house. merrick garland is not going to back off until the white house tells him to back off. all this was instigated by the white house. >> dana: merrick garland, jonathan, he has maintained he

is an independent person, that he is not going to let politics interfere. how do you see this when you have the national school board association rescinding its own letter? >> it's curious. you have a false premise leading to hostilities but then the hostilities continue. the question is whether the attorney general is going to walk back on the memo. he didn't just say we are going to be -- we're here to help on any incidents that are federal in nature. he said i'm going to deploy the entire department of justice and monitor the situation of all the school boards. we'll be working with you on these campaigns of intimidation. what they cited in the letter were a handful of cases that were largely local and state matters. they were disruptions in school board meetings. and he has never really explained why he rolled this out and why it happened so quickly. he admitted that the white house may have been involved.

that's a legitimate question. in the last administration the democratic senators were incredibly interested for good reason whether the white house was influencing or pressuring the justice department. on this occasion the attorney general has not answered those questions of the role of the white house is getting this rolled out at such a nascar pace. >> bill: that may happen today perhaps. but what he said a week ago is that he did not infer this was domestic terrorism or the patriot act. that seemed to be the shield behind which he was hiding? would he do that again now? >> the question is they put out a press release. in the press release they said the national security division would be brought into this deployment to use against any threats with regard to school boards. why would you cite is national security division when you are looking into parents and school boards. none of this tracks with

reality or any sense of legal foundation. so that will be one of the questions he has to deal with. he has to answer a number of other questions including questions with hunter biden. i expect those will be repeated today. >> dana: my last question to you. last week he was asked by ken buck of colorado if he would consider a appointing a special counsel to look into the hunter biden allegations. he said i will take it under advisement. i imagine he gets an additional question on that today. how long can they take this under advisement? >> well, this is really taking every possible effort to avoid the obvious. there is a criminal investigation in the field ongoing looking into hunter biden's tax issues, possible money laundering. hunter biden in my view clearly was conducting an influence peddling scheme with his uncle. we know the accounts used by hunter biden may have co-mingled funds with the president.

it is impossible to do that investigation without stumbling over the president of the united states. the trump administration attorney general showed great courage and defied the president and ordered a special counsel. then protected him. we haven't seen that profile of courage yet from the current attorney general. i don't see how you can escape the reality that the ongoing investigation of hunter biden will necessarily implicate aspects of the president's own dealings. you have witnesses who are contradicting the president and saying he was in meetings talking about these business deals. how do you ignore that? >> bill: we'll see, right? that's what we're waiting for. thank you professor. jonathan turley with us. we wait for that hearing to get underway. josh hawley was going to this point, too. we'll hear from him today and this is what he hopes to get out of this hearing now. >> we'll need to hear from the a.g. why it is the school board

association says we repudiate the letter shouldn't the senate and yet he has done nothing to withdraw or change the memo. still directing the f.b.i. to get involved in local school boards. that's just wrong. >> bill: that's what parents hear across the country and what we wait for today. >> dana: on the hunter biden question whether there should be a special counsel. in a way i would imagine if you are the press secretary you might actually want a special counsel because every time she gets asked in the briefing room you can say that's under investigation. i can't comment. call the d.o.j. i'm not saying the white house wants an investigation but that would be one way to stop the questions from taking over the briefing. >> bill: ken buck brought this up on the 21st. call for number 7 and play the exchange between buck and garland now. >> will you appoint a special counsel to investigate hunter biden? >> i'm not able to respond to questions about investigations of the former president or of

anyone else. i'm not able to discuss any investigations pending. >> i worked for the department of justice for 15 years. you are allowed to tell us if you appoint the special counsel. you may not tell us if you are investigating or not investigating but you are allowed to tell us whether you will appoint a special counsel. that's my question. >> we'll take it under advisement. >> bill: to your point, if you appoint a special counsel the question comes up again you can sidestep is. >> dana: i know the white house doesn't necessarily want that. the person answering the questions might want that. >> bill: reminds you of a.g. sessions and russia. >> dana: 101 ways to say no comment. >> america is watching virginia because america needs us to vote for them. this statement we're about to make in virginia will reverberate across the country and why we're getting support from all over the nation.

>> bill: that is republican glenn youngkin running for political office with us 40 minutes ago. he and his opponent terry mccauliffe heading to conservative areas of virginia today campaigning to be the state's next governor as they appear hesitant to accept support from the current or former president. rich edson is live in roanoke, virginia. youngkin has an event there today. hello, rich. good morning. >> good morning, bill. terry mccauliffe and glenn youngkin in the southern part of the state today. large areas of conservative support with pockets of democrats as well in this part of the state. glenn youngkin will be here in a couple of hours. an early voting station here in roanoke, virginia. you also have terry mccauliffe hosting an event an hour and a half southeast of here later today. polling shows this race is a dead heat with youngkin cutting into what was a substantial lead for terry mccauliffe.

>> calling for election integrity. why did he do that? because he wanted to hear donald trump? it was a price he would have to pay for the nomination and he paid it. but now he doesn't want to talk about trump anymore. well, i do. >> president biden campaigning for terry mccauliffe last evening tying the republican to donald trump. youngkin's team counters that mccauliffe is acting like he is running for senate trying to nationalize this race. they say the republican here is gaining momentum because he is focused on state issues like education and eliminating the grocery tax and focusing on crime. >> we are seeing our internal numbers and surging ahead. terry mccauliffe seeing the same thing. he is asking like a desperate candidate bringing in everybody he can find to come campaign with him to get the spotlight off his failing campaign.

>> election day is less than a week away but you've had plenty of voting in the state. early voting started in mid september here. you will likely have hundreds of thousands of votes cast by the time this thing is over next week. bill and dana back to you. >> dana: more migrants arriving at the border in a few days. the group is extremely well organized. who is funding their journey? griff jenkins is live in mexico with the caravan. >> i said do you understand how messed up that is to think uncle sam? i told him i said mr. president, i don't know what happened. this cannot happen. it is screwed up. >> bill: that's democratic senator joe manchin and do cameras like to follow him around shooting down his party's plan to allow the i.r.s. to monitor private bank accounts. how this could affect you and

why small banks are sounding the alarm. tual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal.

♪ say it's all right ♪ ♪ say it's all right, it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ now listen to the beat ♪ ♪ kinda pat your feet ♪ ♪ it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ oh, it's all right ♪

i've been in the hospital for for 76 days now. and by the grace of god i'm still here. i died three times. they gave me a 5% chance of living. so i highly recommend everybody to get the vaccines and really protect themselves because this is no joke. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! ( sighs wearily ) here, i'll take that! ( excited yell ) woo-hoo! ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) veteran homeowners, if you're ever going to use your va home loan benefit to get cash, now is the time. support immune health! because interest rates are near record lows and home values are at record highs. the newday 100 va cash out loan lets you borrow 100% of your home's values and you can take out $ 50,000 or more. pay down high rate credit cards, improve your home, or just give your family the security of having cash in the bank.

ever wonder how san francisco became the greenest big city in america? just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that,

you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. >> dana: top pentagon official doubling down on a warning that isis-k could begin launching attacks from afghanistan within the next year. >> isis-k and al qaeda have intent to conduct external operations including against the united states. isis-k generates that capability between 6 or 12 months. >> dana: telling the senate armed services committee the terrorist organization doesn't pose an immediate threat but the situation could quickly change now that the taliban is in control. isis-k has already claimed responsibility for deadly mass bombings in the country and behind the bombing that killed 13 u.s. service members at the airport.

that is a big fox news alert right there. pay attention to it because -- >> bill: it's still dynamic and yet to be settled. >> dana: we have no one on the ground. >> it won't be for a long time. 19 past. >> employees are still paid by check and tip workers are often paid in cash. given these realities the bank would resort to applying its judgment in deciding which payments are exempt and which aren't. the stakes are too high for an ambiguous rule that can't be consistently or fairly applied. >> that's bob fisher testifying yesterday. bank leaders from across the country testifying before republicans house ways and means committee sounding the alarm on the i.r.s. plan to access private bank data. 100 banks and industry groups sent a letter to president biden telling him his proposal is not workable. rebecca romero rainy is with me now. good morning to you.

a couple things simple way here. why would the administration want to have a $600 check followed or a $10,000 deposit followed? why would they want that? >> i think the concept here is to try to ultimately get at tax owed. our concerns here is aggregate deposit or account information has nothing to do with tax responsibility or liability. >> bill: okay. so from what i understand a lot of small contractors, if this were to be law, they would keep a lot of their money in cash as opposed to having financial record and be subjected to an irs inquiry. what would your expectation be, rebecca? >> our concern is if i.r.s. has this ability to look at all account information it would drive more people out of the

banking system and that's really the last thing we need to do here. >> bill: here is a letter from a group you are affiliated with. it has not a significant study to show consumer impact will collect metadata on every american. once established it would expand rather than roll back. once things go into law they get bigger and bigger. joe manchin doesn't like this idea. do you think now it's scratched? >> well, i think we are still fighting this to the very end. there has been several proposal tweaks to this proposal and ultimately none of it solves the privacy and data security and due process concerns with giving the i.r.s. the ability to look into every bank account in the united states. >> bob fisher is the man we saw on faith. bob is with us now.

join the conversation with rebecca as to why the government would want this? do they not think that people like you are telling the truth? >> i believe that they don't think all of our customers are telling the truth but i think, you know, most of our customers are doing the right thing. if you look at tax collection this last year we had a record high tax collection and unreported income was up 33%. >> bill: okay. same question do you. joe manchin doesn't like it. do you think it dies? >> we're definitely hopeful. >> bill: but not yet certain. >> i think -- i'm never certain until i see things that say that it is done. so obviously there is still pressure from treasury to push this on the i.r.s.. they want the data. our customers are angry, threatening to close out accounts. just not the right look and

feel for banks who build relationship of trust. >> bill: they want the data and maybe something else. bob and rebecca, thank you. we'll see whether or not it lives or dies in the end. thanks for coming on today. >> thank you. >> thank you. >> dana: fox news alert. attorney general merrick garland testifying before the senate joo*urd committee less than a week before he appeared before the house judiciary committee. we'll bring you anything as it develops. dozens of cargo ships back logged off the coast of california waiting for their turn to unload. florida says its waterways are open for business and can handle the extra freight. that's next. >> we can provide right now certainly with a better, faster, and cheaper way to move product to several areas of the united states. ♪♪♪

thousands of veteran homeowners have discovered the power of using their va home loan benefit to get money for their family. we called and we got $58,800. newday lets you borrow 100% of your home's value. i called and got $54,200. near record low rates means lower payments. turn your equity into cash with the newday 100 va cash out loan. to be a thriver with metastatic breast cancer means asking for what we want. and need. and we need more time. so, we want kisqali. women are living longer than ever before with kisqali when taken with an aromatase inhibitor or fulvestrant in postmenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus an aromatase inhibitor or fulvestrant alone. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death.

it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. ask your doctor about living longer with kisqali.

>> bill: when it comes to getting a deal done the man of the moment democrat senator joe manchin on the hill taking a lot of questions from reporters and seemed to characterize during the commercial break there what he would accept as a corporate tax that he framed as a patriotic duty. roll this here >> tax liability but have had a very good life and you've had a lot of opportunities there should be a 15% patriotic tax. that's me speaking. i'm not speaking for anybody else. we've said and all agreed on 15% corporate tax. people in the stratosphere rather than punish them we ought -- you should be paying something to this great country to give you the protection and support and opportunities. that's called a patriotic tax. it would be nothing that we

should be scared about. it won't harm anybody. i'm supporting that everyone should pay their fair share. i don't like it. i don't like the connotation we're targeting different people. people have contributed to society and created a lot of jobs and give a lot to philanthropic pursuits but it is time that we all pull together and row together. hold on. >> as the bill is written now on the billionaire's tax. >> there is a lot going on with that. i believe there is going to be -- everyone will pay. i believe we'll end up everyone must participate. >> all these tax like a billionaires tax are coming very last minute and a rush. >> no -- >> how comfortable are you. >> we're not doing everything today. we won't have a complete. the senate will take time.

we're trying to agree to a framework. the president has been very clear he will go over to the house and basically explain to the house that i have a framework, there is a lot of work to be done and we'll have something happen. the president has given everything he has to make it happen trying to meet everybody halfway and i appreciate that. i've been through negotiations and he has given everything he has to this. people have to respect that. the only thing we're asking for is vote on a piece of legislation that has been bipartisan. i am meeting with people. i really enjoy never had the opportunity to know them before. we can sit down and work something out. give us a chance. i'm sorry. >> senator sanders -- he said that medicare expansion is not going to come out of this bill. do you still disagree with that? >> let me just say about

expansion. we are negotiating and talking about that. i am truly absolutely concerned about the deficit of our country almost $29 trillion. i'm concerned about the insolvency of the trust funds. i have a hard time increasing basically benefits which all of us can agree oh love to have this and that but you can't take care of what you have. that's the difference and the discussions we're having. those are honest, open discussions and how am i going to tell people in west virginia that medicare and social security is your lifeline, is your lifeline and you will be in trouble by 2026. they have all heard that. what does that mean? will i pay more or be cut back on the services but we're adding more to it. that's the problem. a good dialogue we're having. honest, open discussion. hold on. >> are you meeting this morning with president biden?

>> no, i'm not meeting with president biden this morning or today that i know of. things can happen. if he asks to me i'll be there. i'm having meetings this morning but not with the president. >> climate provisions of $500 billion in the social spending plan. >> we're working on that. a lot of things we want to do as far as incentives to accelerate clean energy. use what you are using cleaner, making sure the rest of the world that isn't doing anything we're doing. people keep talking about energy. only thing i want to say is look at the facts. we're the only nation reduced our dependency on coal. we have gone from 52% to 19% and we get no credit. we've done all these things. we have the technology forcapture the methane. let us build the pipelines to take off the methane. we can accelerate transmission, we can accelerate storage for renewables, we can accelerate

all those things and what we're trying to do. get a good piece of legislation. throwing money now that doesn't have a pathway to be completed is -- >> is paid leave in this? i still have a question. >> are you still talking to senator gillibrand. >> i'm talking to everybody. to expand social programs when you have trust funds that aren't solvent and they're going insolvent. it doesn't make sense to me. i want to work with everyone as long as we can start paying for things. i can't put this burden on my grandchildren. i have 10 grandchildren. i can't do it. >> has the president said he is willing to move toward you and >> no guarantees. the only thing the president of the united states and say this again. we have the right person at the right place at the right time. let's work with him. the bottom line is he understands and i think all he

is asking for is continue to deal in good faith and we'll get to where we get to and vote it up or down. >> what if the house delays the infrastructure vote? >> bill: a lot of things going on here. listen carefully two things he mentioned. 15% corporate tax that he referred to as a patriotic duty several times and a question to a billionaire tax. it came out of nowhere, the reporter is right about that. seemed to be thrown against a wall a couple of days ago. dana. we'll see. >> dana: i don't know. your patriotic duty to pay the corporate tax but they are throwing a lot of things out there. what does that mean? there are a lot of mom and pops out there. one of the ways you structure your business is through an l.l.c. limited liability corporation. that what he means, 15% on top of what? >> details are tough here. he is leaving for europe tomorrow. you have the g20 the president

is in rome, they go to scotland. they want to have something on the table by then. maybe they get to it or maybe they don't. a month ago, keep this in month. manchin wrote a letter very interesting talking about we can't take care of medicare and social security now why would we take on all these other programs and what he said just there. how do you take on more if you cannot pay for it? >> dana: he had breakfast with the president sunday. he is trying to be somebody trying to help to get it to completion but he was very clear they aren't going to have it done today and possibly not this week. >> bill: one more thing. the white house says the president spoke with manchin and kyrsten sinema earlier today and characterized it as progress. what that means i cannot define. >> dana: we don't know. that was interesting. >> bill: waiting on this hearing, a.g. garland is back before the senate now and the questioning begins. we're very keen to learn about how the department of justice views american parents of school kids today.

>> announced for purposes of tracing this gun trafficking problem and we're doing so and finding the straw purchasers and arresting them as well. i could not agree more that this is a serious, serious problem that needs the attention of the entire country's law enforcement and the justice department is very much involved in the fight. >> i'm going to be meeting with those federal law enforcement agencies to talk about the strike force and what they are doing. how they are cooperating with state and local law enforcement. i hope to do it maybe even this week on a private basis and then see what more i can do. i think we all have a responsibility when it comes to this issue. let me ask you about the home confinement issue. we all know under the cares act there was allowance for that possibility and we know that since march of last year more than 33,000 inmates have been released to home confinement. including those released under the cares act expanded

authority. less than 1% of those inmates have been returned to facilities for any rules violation. do you agree that recalling the thousands of individuals who have successfully transitioned back into society would be contrary to the possible of home confinement to provide an individual a reasonable opportunity to reenter into the community? >> i very much agree that the home confinement program has proven successful. that it both relieved the pressure on the prisons with respect to covid-19 pandemic but also gave people an opportunity to adjust themselves to their communities and you are right that we have seen very few violations of the conditions. so i'm very strongly in favor of being able to continue this program. >> i'm hoping that we can get a definitive reversal of the olc opinion that was dropped on the

desk as president trump left office and make it very clear what will happen if and when and i pray that's soon the covid-19 emergency is lifted. i would like to move to another topic which has already been addressed by myself and senator grassley. i invite the members of this committee if you don't believe me, type school board violence into your computer and take a look at what is happening. it is happening across the country and my state as i mentioned a 30-year-old man arrested and charged with battery, disorderly conduct after striking a school board member at a meeting. california father yelling profanities and confronted the principal and struck a teacher in the face. in ohio a after the board member posted the letter on facebook the president of the board of education reported the board received similar threats. pennsylvania, person posted threats on social media which required the police to station

outside each of that district's school. local law enforcement is investigating the person who made the threats and will maintain a police presence at schools and school board meetings for the foreseeable future. texas a parent physically assaulted a teacher ripping off her mask and goes on and on and on. these are not routine people incensed or angry but people reacting in a violent manner. same people on airplanes and here on january 6. so when you responded as quickly as you did to that school board request, did you have second thoughts after they sent a follow-up letter saying they didn't agree with their original premise in the first letter? >> i think all of us have seen these reports of violence and threats of violence. that is what the justice department is concerned about. it's not only in the context of violence and threats of

violence against school board members, school personnel, teachers. a rising tides of violence against judges, prosecutors, secretaries of state, election administrators, against doctors and news reporters. that's the reason we responded as quickly as we did when we got a letter indicating that there were threats of violence and violence with respect to school officials and school staff. that's the reason, that's what we're concerned about and part of our core responsibility. the letter that was subsequently sent does not change the association's concern about violence or threats of violence. it alters some of the language in the letter. language in the letter that we did not rely on and is not contained in my own memorandum. the only thing the justice

department is concerned about is violence and threats of violence. >> senator grassley. >> before i ask my question i would like to permission to introduce in the hearing record a letter from the iowa association of school boards disagreeing with the national school boards association request for intervention from federal agencies and law enforcement and other concerns that they have. >> without objection. >> general garland regarding your october 4th school board memo, last week you said the memo was for law enforcement audience despite it being on your public website as a press release as a result of your memo, local school officials and parents may not speak up in these meetings out of fear the federal government will do something to them. so that's a poisonous, chilling effect. apparently that letter wasn't

actually supported by organization but was sent by two unauthorized staff. so last week the organization disavowed it, sent you and the white house, based your memo on this delegitimized letter, i assume you are going to revoke your extremely divisive memo that you said was instigated because of that letter. that's a question. >> senator, the memo which referred to as one page responds to concerns about violence, threats of violence, other criminal conduct. that's all it is about. all it asks is for federal law enforcement to consult with, meet with local law enforcement to assess the circumstances, strategize about what may or may not be necessary to provide federal assistance if it is necessary. >> presumably you wrote the memo because of the letter. the letter is disavowed now. so you will keep your memo

going anyway, right, is that what you are telling me? >> i have the letter from nsba that you are referring to. it apologizes for language in the letter but it continues its concern about the safety of school officials and school staff. the language in the letter that they disavow is language that was never included in my memo and never would have been. i did not adopt every concern that they had in their letter. i adopted only the concern about violence and threats of violence and that hasn't changed. >> who in the justice department was responsible for drafting your polarizing october 4th memo? >> i signed the memo and i worked on the memo. >> the press release accompanying your memo mentions the national security division will get involved in school board investigations. is the justice department national security division really necessary for keeping local boards safe if parents

aren't domestic terrorists and if the patriot act isn't being used? why is the national security division involved at all? this kind of looks like something that would come out of some communist country expansive definition of national security. >> the memo is only about violence and threats of violence. it makes absolutely clear in the first paragraph that spirited debate about policy matters is protected under our constitution. that includes debate by parents, criticizing school boards. that is welcome. the justice department protects that kind of debate. the only thing we're concerned about, senator, is violence and threats of violence against school officials, school teachers, school staff just like we are concerned about those kind of threats against senators, members of congress, election officials and in all of those circumstances we're

trying to prevent the violence. >> your memo stated the justice department is opening lines of communication for assessment response. what is the department doing with tips it receives on this dedicated line and what are you doing with those parents who have been reported? >> the f.b.i. gets complaints, concerns from people around the country for all different kinds of threats and violence. that's what this is about. a place where people who feel they have been threatened with violence can report that. these are then assessed and they are only pursued if consistent with the first amendment. we have a true threat that violates federal statutes or needs to be referred to a state or local government or law

enforcement agencies for their assistance. >> are there criminal investigations being opened for instances where school officials are trying to access private data of parents with opposing views on critical race theory? >> i don't know about that but justice department certainly does not believe that anybody's personal information should be accessed in that way. if there is a federal offense involved or a state or local offense involved, then of course those should be reported. >> the nonpartisan justice department inspector general established that andrew mccabe lied under oath to f.b.i. investigators. he lied under oath to the justice department inspector general. it should also be noted that mccain leaked government information to the media and then called the new york and washington f.b.i. field offices and blamed them for the very leaks that he caused.

under your leadership instead of punishing him the department reinstated his retirement, expunged his records as part of the settlement. he will reportedly receive $200,000 in retirement back pay and his attorney will receive $500,000 in legal fees. so it seems to me that's beyond incredible. so general garland, did you authorize the mccain settlement and if not, who did? >> the mccabe settlement was the recommendation of the career lawyers litigating that case based on their prospects of success in the case. the case did not involve the issues about lying, it involved a claim that he was not given amount of time necessary to respond to allegations and the litigators concluded they needed to settle the case because of the likelihood of

loss on the merits of that claim. the inspector general's report still stands. we have not questioned in any way the inspector general's findings. the reference with respect to false statements was made to the justice department in the previous administration and declined in the previous administration. the only issue here was an assessment of litigation merits. >> bill: short follow-up. do you agree with -- since you didn't somebody else authorized it, do you agree with the taxpayer picking up a multi-million dollar bill for someone who lied under oath to government officials? >> the assessment made by the litigators the bill to the taxpayers would be higher if we didn't resolve the matter as it was resolved. >> thank you, mr. chairman. >> senator leahy. >> thank you. attorney general garland good to see you and thank you for being here. i'm sure the members of the committee are eager to discuss

with you what the justice department is doing, what can be done better. just say this, after four tumultuous years in which the former president viewed the justice department as his personal law firm, the department is living up to the most fundamental principle in our american justice system that nobody is above the law. that's what i learned about the justice department when i was in -in-law school, the experience i had as a litigator. i was dismayed seeing what happened in the past four years and i thank you, attorney general, for bringing the department back from the brink. still a lot to be done but i think the americans should take comfort the rule of law is

again being inforced. how urgently we must act to protect american's constitutional right to vote and there is reason for alarm. many states are rapidly moving to restrict access to the ballot for tens of thousands of americans from all walks of life. in the wake of the shelby county decision. the department has tools to stem the tide of voter suppression and greatly diminish -- i know you are doing whatever you can to defend the right to vote. how does congressional inaction in response to these supreme court decisions limit the ability of the department to protect americans' constitutional right to vote? >> thank you for that question, senator. right to vote is central pillar

of our democracy and as i've said many times it is the central pillar that allows all other rights to proceed from it. the justice department was established in part to protect the rights of guaranteed under the 13th, 14th and 15th amendment to vote. voting rights act gave us further authorities in that respect. we are doing, as you say, everything we can. we have doubled the size of the voting rights section and brought a section 2 case but there are limitations on our authority the supreme court has imposed. one of which is the elimination of section 5 of the voting rights act that provided an opportunity to do pre-clearance reviews so we did not have to review each matter on a one-by-one basis. and then the recent shelby county recently in the case a narrowing of what we regarded as the meaning of section 2 and

our authorities under second thun 2. both of those could be fixed by this congress and if they were it would give us considerably greater opportunity and ability to insure the sacred right to vote. >> the supreme court made it clear we could fix that if the congress wanted to. >> that's correct in the opinions they indicated these were matters that could be fixed by the congress. >> they hopefully will. i think it's very important that all americans be protected in their right to vote. i know my own state of vermont we take that very seriously. now the bipartisan -- [inaudible] to sustain the crime victims acts of 2021 has been signed into law. a major piece of this legislation requires funds collected under the deferred non-prosecution agreements be deposited into the crime

victims fund which had been projected to reach a 10-year low. since this bill has become law, have any funds been deferred for non-prosecution agreements been deposited into the crime victims fund? and if not, why not? >> that fix was something we sought and grateful for your support for and introduction of. we acted immediately after it was passed and something like north of $200 million has already been deposited in the fund thanks to that act. we now project that the fund should be liquid all the way through the end of 2022. >> thank you. and we can review it after that because i think you and i would both agree we want to have

long-term sustainability in this fund. >> absolutely. >> let's work together on that. now, there has been some discussion here and elsewhere about the larry nasser investigation and the chairman had -- [inaudible] who testified before us. it was heart wrenching listening to them. and they talked about how they were seeking accountability and i could not help but think how brave they were to testify. the justice department initially declined to bring charges against the disgraced f.b.i. agents involved in the investigation. i was concerned and i said at the time that i've seen many people prosecuted for lying to f.b.i. agents. here you had two f.b.i. agents

who lied to f.b.i. agents, one was fired, the other resigned, no prosecutions. is the department now reviewing that decision not to prosecute and do you have any update with regard to that review? >> senator, i think heart wrenching is not even strong enough as a description of what happened to those gymnasts and to the testimony they gave. i believe deputy attorney general monaco said at her hearing that we are reviewing this matter. new evidence has come to light that is cause for review of the matters that you are discussing. >> i hope you will because as i said, i've seen so many prosecutions of so many for lying to the f.b.i. agent and i understand that. when an f.b.i. agent lies to an

f.b.i. agent they should also face the same as anybody else. thank you very much. >> could i put something in the record from 17 state attorney generals expressing their disagreement with the department's october 4th memorandum and ask that that memorandum be withdrawn? >> without objection. senator. >> thank you, mr. chairman. mr. attorney general, are you aware of the caravan about 3,000 people approaching the state of texas? >> i have read about it in the news media. yes. i think it is south of mexico city is what i read. >> apparently headed toward texas. what would you tell these people? >> i would tell them not to come but the job of the justice department has to do with

prosecution and with the way in which the asylum and removal claims are adjudicated. >> so you would tell them not to come? >> it depends on why they are coming. >> if they're coming to make asylum claims what would you tell them? >> the department of homeland security is the agency that's responsible for border control. >> i get that. you are the attorney general of the united states. do you think our asylum laws are being abused? >> asylum laws are statutes passed by the congress. >> do you think they're being abused? >> that question is one that has to be evaluated on a one-by-one basis in each -- >> when is the last time you've been to the border? >> a week ago, 10 days ago. >> did they tell you anything about asylum claims being made by people that are mostly economic claims, not asylum claims, did they mention that to you? >> i think -- i don't recall

exactly. >> you don't recall being told by the border patrol that they are overwhelmed, they can't hold the line much anymore, that we've had 1.7 million people apprehended and the big magnet, the pull factor is the way the catch and release program around asylum. that didn't stick out to you? >> it was not a discussion i had. >> who did you talk to? >> i was at the border and spoke to border patrol. >> i was there six months ago. they never mentioned to you the pull factors of illegal immigration? >> this was a review of what they were doing at the border with respect to -- >> a simple question. they never mentioned to you that they've got a problem with being overrun by asylum seekers? >> i know from reading the news media the border patrol agents feel that way. >> it is not about reading the paper. you were there talking to them. >> i don't want to tell you

about a conversation that i'm not -- >> i'm stunned that you can't recall that. so let's talk about afghanistan. the secretary -- undersecretary for defense policy, mr. kael says, isis-k poses a short term external threat al qaeda could launch attacks outside afghanistan within a year or two. do you agree with that? >> i agree that al qaeda has always presented and continues to present a persistent threat to the united states homeland. >> the question is what's changed? you say always. has any recent event changed the likelihood of an attack? >> i don't know. >> you don't know that we withdrew from afghanistan. >> i know we withdr