everybody is upset. >> do you like the ballet? >> i do. >> do you know about jesse watters's cousin? >> he is a professional ballerina. >> in the l.a. theater. >> [overlapping talking]. >> [laughing]. >> [overlapping talking]. >> bret baier is up next. >> bret: thank you. jesse watters and emma only have 5 more dinners to do. >> wow. >> bret: good evening. i am bret baier. breaking news we are following two major stories. supreme court nominee judge ketanji brown jackson faced senators questions and democrats pushed to quickly confirm the first black female justice in the court's history. republicans say she has a history of being too lenient on

criminals. first the war in ukraine. the ukrainian government said their government retook kyiv. russian forces are deflated by the stalemate. in mariupol ukrainians are trying to hold off that assault. greg is there with the latest. >> a senior defense official is saying that ukrainian forces are willing and able to take back territory the russians have taken. we might just be seeing that. the ukrainian military against a bigger russian foe. a key suburb taken in the counter offensive by ukraine. russian troops reporting 10,000

soldiers have been killed and then claims it was hacked. 15 russian tanks and vehicle destroyed. >> they are still having problems. made worse by the ukrainian resistant. >> as the port city of mariupol is bombarded by the russians. 100 bombs are being dropped a day. >> [speaking foreign language]. >> mariupol is 99% destroyed. they bombed us for the past 20 days. dropped bombs everywhere. on residential buildings and kindergartens and art schools and everywhere. >> around kyiv russians are digging in depending on long range missiles and air strikes to do their dirty work. president zelenskyy called for more help. >> we are on the brink of

survival. >> one side built up and russian is reenforcing its ranks. reports the u.s. will send much needed air defense systems to the cranes cranes. -- ukrainians. with talks to end the bloodshed going nowhere. >> this war is unwinnable. >> the humanitarian crisis builds. along can being targeted and killing the u.s. embassy reporting 2400 children were abducted by russians and taken out of the country. eyewitnesses to nazi horrors here can't believe it. >> in my 95 years i never survived. this i survived the war in 1941 but never seen anything as

horrible. >> russian president putin spoke with the french president macron at macron's request. peace talks were discussed. no results from that. >> bret: greg, thank you. the war on the ground rages in ukraine. the biden administration is warning of evolving intelligence that russia will launch cyber attacks against the u.s. jillian turner has the latest. >> president biden yet to declare that he believes ukraine is winning this war 27 days in. he hasn't said he believes ukraine will in the long-term win in the ground against russia. that's a claim his national security advisor also refused to make. >> russia takes a city or more territory, they are never going to be able to it achieve the purpose they set out.

. >> that's in stark contrast from republican senators. >> ukraine can win! they can win this war against russia. they need to have the lethal aid necessary to push back against its russians. >> our posture should be to win. help the ukrainians actually win. generally speaking the administration has tried to do the right thing but never soon enough. >> winning the war will also mean winning in cyberspace. russian intelligence is tacking companiy. the white house insists of any short of mass obstructions doesn't count. >> we would distinguish between gaining access to a system which could be used for a variety of purposes. intelligence collection, or mere preparation for a future attack.

>> ahead of president's departure tomorrow the white house is pushing back against criticism that biden will cross the atlantic without delivering anything. >> he will reduce europe's dependency on russian gas and announce american contributions to a coordinated humanitarian response to ease the suffering of civilians inside ukraine. >> they pored cold water on reporting that china provided any military equipment to russia. but putin delayed the invasion of ukraine at the request of president xi. and jen psaki won't going on this trip. tested positive for covid. >> bret: a second time.

looking live at capitol hill where judge ketanji brown jackson has been facing senator's questions all day. for the first time as nominee for the u.s. supreme court. republican senators were grilling her over her record as a judge. this confirmation hearing has had some fireworks. fox news shannon bream joins us from capitol hill. good evening. >> shannon: that back and forth continues. judge jackson faces questions on everything from abortions to guns and her record on crime. as both a judge and federal public defender. questioning a supreme court nominee judge ketanji brown jackson began in earnest. with continued efforts by senators to get jackson to express her judicial philosophy. she avoided a special label but said this. >> i have limited power. i am trying in every case to

stay in my lane. >> today brought a critique of the sentences for defendants possessing child pornography. >> every singe case 100% you sentenced to the defenders to below not just the guidelines but what the prosecutor asked for. >> if every case i did my duty to hold the defendants accountable in light of the evidence. >> shannon: judge jackson faced questions on freedom of the press and the sanctity of supreme court precedence and she was good with guantanamo bay detainees. >> why call the sect of defense rumsfeld and george bush war criminals. >> shannon: the reference was to

a legal filing jackson filed on behalf of gitmo detainees naming rumsfeld and bush in war crimes. one of the most heated moments involved gitmo but not judge jackson. a dispute between senators durbin and graham. >> look at the afghan government made up of former detainees at gitmo. the whole thing by the left about this war ain't working. >> shannon: normally they give every senator a chance for 30 minutes of questions. they are aiming to wrap up between 9 and 10 o'clock eastern tonight. if they don't finish they will start fresh at 9 a.m. eastern.

>> bret: shannon bream. see you forfox news @ night. >> we have to hold people accountable but fairly under our constitution. that doesn't mean that lawyers condone the behavior of their clients. they are making arguments on behalf of their clients in defense of the constitution and in service of the court. >> bret: questions about whether judge ketanji brown jackson is soft on crime up on capitol hill. our panel. josh politics editor. hugh, and jonathan. the white house has to it feel confident about where they are just looking at the numbers on capitol hill. as you go through the back and forth, you realize it is a 50-50 split in the senate. you still have to get there.

>> yes. the most useful way to think about these hearings is to look at it through the eyes of mitch mcconnell. mcconnell viewed this nomination as low stakes. this is from a man who dedicated his life to the american courthouse. it's not going to change the fundamental balance of the court. he also knows he doesn't have the votes unless she does something spectacular in terms of a mishap in this hearing which we have not seen so far. so the white house feels confident they have 50 votes. hoping susan collins might get there which would get them 51. they are not getting their hopes up of getting republicans to

vote for her. >> bret: hugh, the substance of these hearings today with the questions by republicans? >> it's been good substance. i leaned forward when the rest of the country goes to sleep. the most interesting exchange was between ted cruz and judge ketanji brown jackson who will be confirmed easily. she said i don't know anything about critical race theory. the left says crt didn't exist but there are cooks that come out of the atmosphere of crt. i was astonished when judge

brown jackson said i don't know big it. josh hawley is scoring points on the sentencing with regards to child pornagraphy defendants. it's mind boggling that anyone would get 3 months. the explanation left me thinking she had not done that through. but she will be confirmed. >> bret: the numbers are there. this is with ted cruz about the child pornography. >> 100% of the time you sentence those in possession of child pornography to below what the prosecution is asking for yankees, senators. --? >> yes, senator. i take these cases very seriously as a mother. in every case involving these terrible crimes, i looked at the

law and the facts. >> bret: josh, is there it another side of this for republicans? a danger if you will? >> well, the strategy from ted cruz and josh hawley is to use judge brown jackson as a representative of a progressive view on criminal rights. i don't think it works. i think hawley scored some points about the life sentence on a child pornography case. in large she came across as familiar with the details of these cases. i think the republicans are trying to make a larger argument against democrats of being too soft on crime and indulging criminals. judge brown jackson will get confirmed. probably will not get just susan collins but one or two other

senator republicans. there is a vulnerability there not just with brown jackson but democrats and their views on crime. >> bret: vice-president harris was leading this search or said to. one thing she was to do. this made the rounds on social media. take a listen. >> the governor and i and we were all doing the tour of the library here. talking about the significance of the passage of time. right. the significance of the passage of time. when you think about it, there is great significance to the passage of times of what we need to do to create these jobs. there is such great significance to the passage of time when we think about a day in the life of our children. >> bret: a lot of passage of

time in that sound bite. it comes as a new book comes out. it's by our friend. politico has a write up. harris allies complain that she was handled an impossible portfolio. bettingfield noted this was not the first time that harris has fallen short of sky high expectations and: jonathan, the white house is pushing back and saying this is hearsay. there is a political vulnerability for vice-president harris in this white house. >> i don't know if this is a new statement.

the statement i read this morning in politico was not a denial. [laughing]. it was very carefully worded. it said that -- it was one of those if you studied the art of flacking somewhere in between. that's not an isolated view. i don't think it's a surprise to anyone there has been a large amount of frustration inside the west wing over the last year at the coverage in particular of the vice-president and some of her missteps. there has been frustration in the other direction. biden stuck by her. no suggestion he will throw her under the bus. he gets very frustrated i am told when he sees stories about her that suggest leaks from inside his building. he read the riot act to folks he

doesn't want to see this. they are in this position. this adds more color to the picture we already have of this. >> bret: hugh, as far as delivering a speech and a message she hasn't hit the mark yet. >> no. that story about her staff turnover a speech writer was part of the staff that turned over. the ice is forming over the vice-president's reputation as a being a light weight. the only way to break out from the ice is to do interviews with you or do the sunday shows. take hard questions and hit them out of the park and demonstrate capacity and grasp. she hasn't done that once. she has given me clips to play on the radio show. i played that clip 3 times this morning to stewart's class time passages. it's so inane. give serious conversation with people. >> bret: i have invited her many

times. the cdc day the ba.2 subvariant of omicron makes up one-third of the variants. a resurgence in asia and europe is raising concern. new york city mayor eric adams said masks are option for children under age five starting early next month. in the covid-19 numbers keep slowing a low risk level. and pockets of employees staged demonstrations at disney across the country in response to the ceo's response to criticize florida's legislation that bars instruction on gender identity in kindergarten through 8th grade. stocks were up today.

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>> ♪ ♪ >> bret: the biden administration maintains it's at the finish line to revive the iran nuclear deal. the details remain unclear. >> the biden administration is on the cusp of a major shift in relations with iran whether it involves a new nuclear agreement is unclear. >> the jury is out as to whether we will be able to achieve a mutual return to compliance. >> the onus is on iran. >> the administration refuses to

detail plan-b. the last significant hurdle is the islamic revolutionary guard core. they are on the list of u.s. foreign terrorists organizations. the biden administration would consider removing it if it stopped targeting americans. a former state department official in the previous administration says removing it from the list would make it more difficult to counter the irgc. >> we should not return a blind eye to reality and saying they are not a terrorist organization. >> the terrorism sanctions are the gold standard of terrorism sanctions. >> it's israeli government made the same argument. part of challenges for the administration. gulf allies are concerned about the u.s. removing the irgc from a list of foreign terrorists organizations. just as it did in yemen as they attacked saudi arabia and the

united arab emirates who refused recent white house attempts to schedule a call with president biden for more oil production. the state department was disappointed in the syrian dictator's visit. it's unclear whether they will support the administration's concessions to tehran if the administration secures a new agreement. bret. >> bret: rich, thanks. up next a leading putin critic is sentenced to 9 years in prison. first fox affiliates across the country. fox 7 in austin rescue and clean up efforts after tornados injured more than a das know people. -- dozen people. it could bring more tornadoes to

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>> ♪ ♪ >> bret: russia option leader is calling for action against putin's regime after a court sentenced him to 9 additional years in prison. vladimir putin's biggest foe. amy kellogg shows us. >> the opposition figure looked gaunt in court sentenced to a further 9 years in jail for fraud. charges he called politically motivated. tense scene outside of the

courtroom. his organization is on a mission to bring vladimir putin down releasing an investigation when claims to prove a 700 million dollars super yacht belongs to him. another state russian tv personality in paris resigned in protest of the war in ukraine. >> i want people to learn to differentiate propaganda and look for alternative sources of media. >> many of those not doing that get roughed up. 15,000 have been detained since the start of the war. one nobel peace prize winner is putting the medal up for auction to raise money for those in the

war in ukraine. i think we will start with $1 million. it doesn't mean we are giving up the prize. on the contrary it's the most important and valuable thing he has. >> they think that peace prize should be for peace. the state censors think otherwise issuing him with a warning. this has russia proves another piece of legislation criminalizing what they deem to be fakes about some other government entities now. >> bret: thank you. central european count slovenia will send diplomats back to ukraine. we bring in the ambassador.

thanks for the time. >> thank you for the invitation. >> bret: where does your country think this ends in ukraine? what do you think vladimir putin's goal is? >> i would like to say we have to give all of our support we can after witnessing the 3 prime ministers from central europe. we are moving in in direction and working very, very close with the united states. at the moment ukraine should get all of the help from the military, humanitarian and all tech help. i am right now in the silicone valley working with big tech companies. >> bret: you joined nato in 2004. i was covered pentagon and remember it well. you have the nato umbrella. ukraine doesn't. do you have think putin will go

beyond ukraine? >> it's difficult now to make those judgments. when slovenia was in a similar position like our prime minister said, every help and attention was crucial for us at the time 30 years ago. we have to continue working together closely. all of the allies. this is very important to give ukraine all of the help and then move the things forward. >> bret: okay. what do you want to hear from president biden and nato this week? >> well, already now i think the u.s. administration is doing really good work together with us europeans. if we will continue on this path, strengthening our cooperation and giving all the [inaudible] help and support to ukraine. we will succeed together. [audio breaking up]. we were discussing our common

values. european and u.s. way of life. now we are witnessing in practice that ukrainians are defending those values together with us. we have to stand up with them. >> bret: okay. mr. ambassador we appreciate your time. thank you very much. >> thank you very much. >> bret: up next thousands of refugees fleeing ukraine in need of medical care. live to poland to see how that country is handling a massive influx of patients. >> they just want somebody to hear them. a lot of people coming. their families torn apart. this little light of mine... i'm gonna let it shine. this little light of mine... i'm gonna let it shine.

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refugees are in dire need of medical attention. our correspondant is in poland and shows how the country is handling the surge of new patients. >> in southern ukraine a psychiatric hospital is a pile of rubble after a russian attack. what happened? i finished my work and i was

about to begin delivering hospital equipment and half an hour later you can see this crater. i came back here to find my place of work destroyed. what else can i say other than the russian are bastards. >> pharmacy and hospitals destroyed and medicine is hard to find. for many refugees arriving in poland this is the first time in weeks they are getting medical attention. >> there was a woman who was stuck underground for 2 weeks solid. and running out of insulin. he said i had a choice to stay under grounds and die or come out and be killed by bombs. at leave least i have a chance if i come out. >> volunteer doctors and nurses are treating everything from hypothermia to leg injuries and children overcome by stress. >> most are dehydrated and

crying. they want to be hugged. >> the polish government responding to the need approving free healthcare for ukrainian refugees can testing and dental services. even some medics are uneasy about going into ukraine. a couple. days ago i spoke to a group of volunteers who were at the poland border to pick up a nurse and surgeon to take back in ukraine. but the pair backed out because it was too dangerous to go back into that country. >> bret: thank you. >> ♪ ♪ >> bret: in the u.s. if coronavirus cases start to rise again covid relief aid may be back on the table but there are

concerns whether congress would pass such a bill. chad pergram joins us tonight. he tells us it's about the math. >> officials are out of resources to cover a potential fourth dose of a vaccine if needed. congress was poised to approve $15 billion to fight covid 2 weeks ago but democrats forced congress to drop that money. the senator minority leader mitch mcconnell is for the additional aid but democrats took dollars from the bill last year. >> it was sold as a covid bill. i think 9% was about covid. the money is there. it should be reprogrammed. that's the way forward. >> the money would cover vaccines and medicine. the lack of money translates to

this. testing is no longer free. as inflation rises and gas prices climb people could be forced to spend their own money for tests to attend weddings or send children to camp. >> this is crucial. anyone who tries to block it, god forbid we have a second variant and don't have enough of the therapeutics and vaccines will regret it. >> house speak nancy pelosi had harsh words for democrats. >> what is your message to those colleagues? >> i communicated my message to them. >> the u.s. lacked enough testing when omicron spiked around christmas. >> bret: chad pergram. thanks. moments ago former secretary of state hillary clinton tested

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>> there are reports that several thousands residents ever mariupol have been transported to russia. there may be an element of vengeance again this population with putin perhaps having been under the misimpression that his forces would not be greeted as anything other than the aggressors that they are. >> bret: the atrocities continue if mariupol am the russian are trying to force them to give up. they have not and the bombardment continues. happening as president biden will leave for nato. what will he say there? back with our panel, josh, hugh and jonathan. josh, it's a heavy lift here to go on the world stage in nato and say something different or to come with deliveries over there?

>> yes, not much left in terms of sanctions that the white house has to give. one announcement may that he had today they will sanction some members of the russian duma. there are only so many things to do rather than to help ukraine win the war. they are fear of provoking russia and vladimir putin. this is a rally of nato allies. it's a symbolic moment. the worry is that the central european countries are more hawkish and western european countries are wary of pushing punishments on russian energy

that would provoke vladimir putin. >> bret: is the white house ready to push? >> they need some things to announce. they will announce more sanctions. there is a conversation going on privately which is much more fraught. between not just the americans but the allies. what is the atrocity threshold inside ukraine? is it chemical weapons or putin using a smaller nuclear weapons? they have been resolute. we are not doing a no-fly zone. the people i speak to both on the hill and also among foreign governments, they all believe this will change the

conversation. god forbid if this happens. the other thing they are worried about is cyber attack. it's hard to contain a cyber attack. if putin uses those weapons it's like lie they will spill out into nato country us and are having an article-5 conversation. what does nato do about that? we will have these conversations sooner rather than later. >> bret: i think that's a big covariance at nato. -- conversation at nato. the president spoke at the business roundtable last night during our show talking about inflation and the economy. spoke with ukraine and russia and had had sound bite about a new world order. take a listen. >> we are at an inflection point in the world economy, it occurs every 3 or 4 generations. now is the time when things are shifting. there will be a new world order

out there. we have to lead it and unite the free world in doing it. >> bret: we have to lead the new world order. there are shifts in the middle east. you have the saudi meeting with china. and iran rising up with this nuclear deal. there are shifts. >> there are. you can't deal with iran and deter putin from launches cyber attacks. what is needed from the president is europe is coherrence and they have to abolish the distinction between offensive and defensive weapons to ukraine. it's all defensive weapons. they need to get everything there that can move. >> bret: gentlemen, we appreciate it.

thanks. finally, tonight a little something different. we have been trying to leave each show with good news. the news is heavy. we are always looking for new viewers. one at a time. getting young viewers is great. we found a very young viewer. grace gallagher is 21 months old. from wisconsin and really like "special report." >> grace, what do you want? >> bret baier. >> bret baier! >> oh! what do you want to watch? >> bret baier. yeah. >> we will turn him on. sounds good. >> bret: [laughing]. grace, welcome aboard. also the daughter of congressman mike gallagher from wisconsin. our number 1 "special report" fan. great to see you. tomorrow on speciality "special

report" the president's trip to nato and senator gillbrand from new york. jesse watters is looking for one of those grace viewers. >> jesse: indeed. thank you very much, bret. i am sure you are familiar with the old saying the cream rises to the top. you know what i mean? the best for the job can't go long without being noticed. in sports captains rise to the childrening. -- challenge. the best quarterback want the ball for the game winning drive and the ace of the pitching staff wants to be on the mound for a