met gala, but i'm going to meet with the police officers instead. >> i would buy that jacket, the rolling up your sleeves jacket. >> final words, tomi. >> happy we saw them preaching to us about socialism at the extravagant event. >> we are not little here on the couch and grateful for you watching. here is "america reports." >> sandra: thank you, team. a nail-biter in ohio as the supreme court leak adds a dramatic twist to the upcoming midterm elections. voters are heading to the polls for one of the first primaries of 2022. republican race in the buckeye state seen as a key indicator of former president trump's sway over the critical november midterm elections. >> bill: as ohio goes, will the rest of the nation follow? ari fleischer weighs in.

>> sandra: we look forward to that. chief justice john roberts confirming an unprecedented breach of the court. a leaked draft opinion on roe v. wade to end nearly 50 years on precedent on abortion in america. i'm sandra smith in new york. great to have you back. >> john: good to be back, i'm the other john roberts in washington. chief justice roberts saying he has directed the marshal of the court to find the source of the leak. each state would have full authority to decide laws on abortion themselves. >> sandra: right now the opinion is just a draft and not final as the chief justice reminded everyone through a statement this morning until p published by the somebody. moments ago senate majority leader chuck schumer spoke on the steps of the capitol. >> if the report is accurate,

abomination, one of the worst ever in modern history. of course, republicans have sought this outcome for years so you would think they would be celebrating such a decision but they are aren't. no, this morning republicans are shamefully scrambling to try and distract from the main issue. >> tennessee republican marsha blackburn will react to that and more in just moments. >> john: david, we have heard from the chief justice, any word from any of the others? >> not at this point, but expect it to create palpable raw tension between the nine justices here at the u.s. supreme court. this is an elite group and while the justices don't always get along about different things when it comes before them in the supreme court, they are a close knit group behind the scenes. now likely a lot of paranoia wondering who leaked this specifically which clerk may

have leaked this and who did that clerk work for. just a little while ago president biden weighed in on this draft leak. >> look, the idea that concerns me a great deal that we are going to after 50 years decide a woman does not have a right to choose, number one. but in a more -- the rationale used, mean every other decision with the notion of privacy was thrown into question. >> there's been a steady stream of people outside the court with a range of emotions. we expect this to continue throughout the day inside yelling over one another to make their point heard. >> obviously we are still waiting on the final decision, this is just a draft that was leaked last night. this is what we have been hoping

and praying for for so long. >> we know the make-up of the court and this was anticipated. i'm hoping it's a wake-up call for people who i think could not believe it would happen in the united states. >> in the draft opinion, justice, abortion presents a profound moral question, in december the justices heard arguments over the mississippi state law banning abortions after 15 weeks. roe v. wade abortions legal nationwide up to 24 weeks, when a fetus is able to survive outside the womb. the mississippi case highlights states rights versus respent for court precedent. almost 50 years of precedent, but if roe v. wade is overturned and the case turns out, or the draft is a reality, it does not

mean roe v. wade and abortions are illegal, it's up to each individual state. that's what has pro choice activists worried. >> john: a lot of activity at the supreme court this afternoon. david, thank you. >> sandra: tennessee republican senator marsha blackburn. obviously a big day, and you heard chuck schumer speaking from the steps saying that the republican party is not celebrating today making the point that perhaps the obvious reaction is that they should be. they are scrambling. how do you respond? >> what we are doing today is protecting the integrity of the court. unprecedented to have a leak like this of a draft document. the confidentiality of the justices to work with one another, to send documents back and forth, to have the discussions and conversation that they need to have, whether

it is in-person conversations or written conversations, for someone to betray the trust that they -- that has been placed in them to support the work of the supreme court of the united states, this is unprecedented, and chief justice roberts is correct in having this investigated. i understand the marshal of the court has initiated that investigation and i think in short order we will know who did this, they should be punished to the full extent allowable. >> john: senator, i want to jump to call number three for the control room, a statement from the supreme court which prefaced the statement from john roberts, said although the document described in yesterday's reports is authentic, it does not represent a decision by the court or the final position of any member on the issues in the case. so it's widely postitted this

came from the liberal side of the court, or someone else, but what about the idea it came from the conservative side of the court to try to lock in the votes that appeared to be there in february, because if any of the justices were tagged as reversing their vote on the conservative side with the final opinion comes out, they could be open for a lot of criticism. could this potentially have come from the conservative side of the court? >> whether it came from the left or the right, it is wrong. and this is why the individual who did this for whatever reason, it is inappropriate to campaign to the supreme court. it is inappropriate for these left of center groups who would put millions of dollars into this latest round of nominations for a supreme court seat. it is wrong for them to be politicizing the court, and of course these left of center dark

money groups demand justice have been incredibly active in trying to push the court one direction or another. so some of the unprecedented activity that has taken place lately, the president signing the commission of judge jackson to the supreme court, the way some of these hearings for the federal bench, the appellate court has been carried out. what you see happening with whether it was chuck schumer's comments about earlier decisions to gorsuch and to kavanaugh, this is all inappropriate. what conservatives want to see. what i want to see is constitutionallists that are not activists for the left or the right. i want people who are going to uphold the rule of law and abide by the constitution. >> sandra: jonathan turley was talking earlier about the damage this does to the court, senator,

listen. >> most of us thought that even though this city is renowned for leaks, there was one place that was integrity and confidentiality and secrecy to allow deliberations to go forward. that's been shattered, and it's going to change the culture of the court. >> sandra: obviously a troubling thought there from the professor. senator, you made a lot of newsturing ketanji brown jackson's confirmation hearing, you asked her to define the word woman and what a woman is. and earlier you said two weeks ago they refused to define a woman and now the only thing they want to talk about is protecting a woman's right to choose. what are you trying to say there, senator? >> it shows you how hypocritical they are in looking for ways to tweak whatever the moment is and then sandra, how troubling it is

to say immediately politicize the leak using it to try to push a political activity. and they should be working to protect the integrity of the court, and as jonathan turley said, this does damage, i hope it is not irreprable damage, i hope this person is dealt with, it is imperative we protect the integrity of the court so they can move forward with these decisions. but the democrats, look, leaks, they have leaks all over the place. and usually it has to do with legislation. when i chaired the select committee on infant lives, when i was in the house, we had somebody on the democrat side that leaked everything before we ever had a hearing, and they tried to coach the witnesses. the democrats are known for doing this. we have seen it in some of these judicial hearings.

what you need to know is that if you are sitting, if you are an associate justice on the supreme court you can have the conversations whether in person or written, in confidentiality, and that you are not going to have a political activist who is going to go run to their cheerleader in the media and say put this activist needs to be removed from the court and this should be an object lesson for everyone associated with the court. indeed, everyone who is working here in washington, d.c., that it is imperative that people have the ability, whether they are a judge, a justice, a legislator, to work in confidence. >> john: i was going to say this raises a lot of questions, what's the political impact going to be and the legislative impact of this going to be. president biden in a written statement said it will fall on our nation's elected officials

and fall on voters to elect pro choice officials this november. at the federal level we will need more pro choice senators in the house to adopt legislation, and i will work to pass and sign into law. he vowed he's going to hold a vote on the senate floor to codify a woman's right to choose. and rising among democrats but not the electorate. is this going to put it to the top of the list or close to the top of the list? >> what i'm hearing from people, they are more concerned about the integrity of the court right now. they want to see is that people are concerned with protecting the integrity of the court. now, for the president to immediately jump to saying oh, we are going to codify this, it would take 60 votes. they are trying to use this to

break the filibuster in the senate to get their way. there again, you've got this what are they trying to do to radically transform this government. filibuster judges, but break the filibuster in the senate. they want d.c. statehood, they want to federalize elections, this is their social agenda. >> sandra: you are vowing to hold this leaker accountable, whether on the left or the right. you've been on the senate judiciary committee. what are you discussing with your colleagues a way to do that. what sort of investigations do you want to see happen and by am who, and what is the extent you can hold the leaker accountable? >> the first thing that needs to happen, justice roberts needs the support and the ability to have the marshal of the court to move forward with this investigation. the resources that he needs should be made available to him. once that is done, there will be the opportunity for us to

conduct our oversight. the senate cannot move forward and indict anybody. we can't try anybody. what we are going to do is have to work in concert to make certain that the integrity of our institutions is protected. >> john: jump to fuel prices and specifically diesel, an impact transporting goods and the price for average consumers. january 2021, diesel fuel was 2.68 a gallon. now in april of this year, it is 5.12 a gallon. you figure the average big rig holds between 240 to 300 gallons of gas, go with the lower number. january 2021, 643 to fill tanks. april of this year, $1,228. that's got to have a big impact on so many things. >> oh, it has a tremendous impact on things.

and tennessee is a logistic state as you well know, john, and we hear this all the time from our truck drivers whether they are doing the 18 wheelers, the big rigs, or they are doing delivery to grocery stores and convenience stores. the impact of fuel is driving up the cost of everything. and likewise with hydro carbons, the wrappers, bags, plastic, polymers that go into packaging all the food, and whether it is a gallon of milk or a pound of coffee you are seeing escalation rates that are far above what the democrats are claiming as well it's only 8% inflation. well, no, when it comes to food, because of the logistics cost, it will cause the wrapping cost, it is costing much more than that. >> sandra: politically then, senator, noting all of that and

knowing that the american people are suffering through this politically, how do you keep pressure on the other party on this issue? there is so many distractions out there and you clearly don't see a game plan by this administration to bring those prices down, how do you handle this as we approach midterm elections as a party? >> what we have found is the thing to do is to keep talking to tennesseans, to let them know where there is an opportunity to rein things in, whether it's secure the southern border or exercising drill permits for federal leases. >> sandra: if you flip the senate, what's the plan? if you are able to regain power, how do you bring those prices down, what's the 90-day plan? >> sandra, the first thing you want to do is go back, complete the keystone pipeline, provide certainty to the energy markets. let it be known that you are

going to get these drill permits out the door immediately, that you are going to go back to anwar, federal lands, and drilling, allow fracking. doing that, providing that certainty, that's what the energy sector needs. when you talk to people, whether they are independents or wildcatters, or whether they are with bigger oil, what they will tell you certainty would go a long way right now. because they can plan. >> sandra: voters are going to want to know what the plan is. >> and that's it. >> sandra: absolutely. senator, thank you very, very much for joining us. >> thank you very much. >> sandra: so much news. mike davis will be joining us, he is a supreme court insider. he was a clerk to multiple justices, including neil gorsuch. a friend of his for nearly 20 years. he has intimate knowledge as to how the court is reacting to all

this this morning. he will be joining us coming up half past the hour, john. >> john: looking forward to that and more as well. >> sandra: and perhaps some clue they know who did this. all right, primary day in ohio and all eyes are on g.o.p. senate candidate j.d. vance and whether president trump's endorsement will lead to victory. first, senior correspondent live at a polling station there in beachwood, ohio. anything could happen. what are you seeing so far? >> yeah, you know it, sandra. we are here at beachwood high school as well. former state treasurer josh mandel, one of the g.o.p. candidates here just voted. he told me he went to high school here, so full circle moment to come here and vote for himself. as you mentioned, anything could happen, and that's because sandra, a lot of the polling done by fox news and others heading into today show about 25%, about a quarter of voters

asked said they were still undecided heading into primary day. there are seven g.o.p. candidates on the ballot vying to run against the democratic nominee for u.s. senate in the general. today as voters headed to the polls, we caught up with some of the candidates to get their takes on this leak of a potential u.s. supreme court decision on abortion. >> it's a declaration of war on rule of law, it's a declaration of war on the constitution, declaration of war on the american family. >> mandel has been in a pitched battle with author j.d. vance who received the coveted endorsement of former president trump. >> my guess is that what's happening is somebody on the left in the supreme court probably a clerk or staff member, not a justice, is trying to bully the conservative majority to make the wrong decision. >> also to watch, matt dolan,

late surge. he did not seek trump's backing. he believes the leaker should be prosecuted but as a pro lifer he is excited. >> major issue, particularly in the state legislative races. now it's a matter for the states to decide if the opinion actually is, becomes the law. >> now, in ohio governor mike dewine, running for re-election, has several laws restricting access to abortion. the ohio legislature has trigger laws working through should an official high court decision come down. back to the race, low turnout is a big concern in all the campaigns, not helping, rain, wind and hail today, sandra. >> sandra: weather matters, alicia acuna, thank you very much. >> john: the hail you say. bring in ary fleischer, a large

number of undecided voters going into the balloting, and what kind of coat tails does president trump still have endorsing j.d. vance when matt dolan is suggesting he was surging going into today's vote. what do you think? >> yeah, john, i suspect i'll be the minority on this, most analysts and pundits will say a victory or defeat for donald trump. and way more complicated. it all depends how many candidates are running, maybe trump's candidate lost because somebody else had more, but the trump positions, echo donald trump's views and split their vote. it's so hard to know and that's kind of what you have in ohio. josh mandel and j.d. vance running, donald trump wannabes, and maybe they will be the majority but lose the election but dolan will have bigger

plurality with 25, 26%. ohio is one race, so many other races coming up. i think the ultimate lit mus test is the georgia governor's race, the one the president seems to have his hard in the most, and it's a one-on-one race. multi-candidate field, very hard to make a determination whether the president won or lost. >> sandra: a lot changed last night. what are the ramifications of this for the upcoming election? supreme court. >> ramifications on the substance of the issue, a huge victory that takes place for the pro life community and people organizing for decades to try to reverse roe v. wade legally. focus on the substance of what sounds like a blockbuster supreme court reversal. politics of it, i think a wash. the pro choice community will get energized more than usual, they'll say see, we told you, we

told you, and you lose and you are in the negative position you get fired up, and when you win you say we can relax now. it's a 50/50 issue for america, so many passionate people on both sides. i think we have a continuation of what took place on the federal level will shift to the state level. it should be a matter for state legislatures, let the people decide. >> bigger issue than it would have been come november after, if this ruling holds up. listen to the way it was described last night on some left-leaning media outlets. >> in the event we had a republican president in 2024, that's where we would be. we would be at a, you know, south america style nationwide abortion ban in america. >> what other cases have been decided based on the precedents? >> same-sex marriage.

>> in florida, you can ban same-sex marriage or being gay, it's clear a lot of media outlets look they will will have their thumb on the scale between now and november 8th. >> haven't we known this, an issue in america that defines people it's the abortion question. you are either for it, against it, some in the middle believe it should be the first trimester but illegal or regulated after the first trimester. and nobody is going to change their mind in the pro life or the pro choice community. and so for how many decades now, since 1973 when roe was decided, the pro life community has been on the receiving end of this. saying this was unfair, it was wrongly decide and lives lost, babies killed for 50 years. now the pro choice community can start that up if this is reversed. they'll say what a terrible ruling, they'll live under the one way, one week, one month, it's their turn to start to live under ruling they disagree with.

such as the supreme court, when they do make a reversal on a major issue. but reading the draft opinion, it really is hard to see how the roe decision had constitutional muster. where is that privacy right in the constitution? interpreted right and should be best left up to legislatures. >> sandra: ruling in the constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision. roe was agregiously wrong from the start. ari, great to get your reaction. always interesting analysis. thanks so much. president biden is in troy, alabama, they are producing the javelins and missiles they are sending to the ukraine. and u.n. says 137 people are evacuated from the besieged

steel factory in mariupol but many more are inside. trey, where are the evacuees now and how is the rest of the civilian population holding up there? >> sandra, good afternoon. united nations and red cross say more than 100 civilians have arrived in a town from the steel plant in the southern besieged city of mariupol. today reports indicate russian forces are hitting the plant once again from the air and the ground. we also have learned more about the experience of civilians around the capital of kyiv who lived under russian occupation. >> katerina and her friend embrace outside of an aid distribution center. it's the first time they have met since russian troops destroyed their town. the terror they experienced still fresh in their minds. >> tanks, armored vehicles, all

shooting at us. i was hearing explosions, she says, shells were flying over us. this was horrifying. every person here waits for much needed supplies, from organizations like the world food program and the red cross. some have recently returned to find their homes destroyed. others lived through the russian occupation. down the road next to a burned out ukrainian tank, alex i is repairing his windows. he was here for part of the battle outside of the ukrainian capital. an airplane bombed the area. five of our guys were killed from shrapnel wounds. this is the damage caused by the shock wave of the bomb. all the towns outside of kyiv have stories to tell. each one as terrifying as the next. weeks after russian atrocities were committed, war crimes prosecutors are still digging up the dead. in irpin, a statement about her brother who was killed during the russian advance and buried

along the side of the road. >> we had three incoming shells in our neighborhood, she explains. he was outside in his back yard. >> today we have heard air raid sirens across kyiv, indication this -- >> john: and later this hour, rebecca grant will talk about the latest, russia suffered a big set back when ukraine blew up a command center killing some 200 people, including the second in command, almost got the guy who has just been recently put in charge of the whole operation, the general, a big blow to the russians. unprecedented leak coming from the nation's highest court. could the draft opinion mean the end for roe v. wade?

mike davis was a law clerk for justice gorsuch and his friend for nearly 20 years. what it means for the court and and the chances of the landmark case being overturned. >> sandra: inflation topping the list of voter concerns. white house says who us is working on it and republicans who don't have a plan. larry kudlow, what he says are obvious ways to fix this problem.

>> never before in modern history has an internal draft been leaked to the public while the justices were still deciding a case. one of the court's most essential and sacred features was smashed. >> sandra: mitch mcconnell one of the many republicans outraged over the supreme court leak. it happened late last night.

all of this after politico obtained and published a draft opinion written by justice alito showing the court is poised toover turn roe v. wade, referencing the agregious leak, his choice of words, justice roberts has ordered a full investigation into who is behind the leak. mike davis joins us, a former law clerk for justice gorsuch and his friend two decades, and worked on confirmations, and we welcome him now. mike, thank you for being here. obviously a place and people you know extremely well. are you confident that this person, the leaker, will be found? >> mike: yeah, this was a stunning, shameful leak. it's likely illegal, it's likely obstruction of justice. i think the chief justice takes the integrity, judicial independence of the supreme court very seriously. he correctly ordered the marshal of the supreme court to investigate this. this should not be politicized,

they should not bring in congress, they should not bring in the executive branch, they should keep out the political branches unless the court asked for assistance from the u.s. marshal service or related agency to help. this is an agregious, agregious leak, disgruntled employee, maybe a law clerk to change votes on the case that could overturn roe versus wade. >> there are some who say there are no legal consequences to a leak. can you detail the specific law that would have broken and the consequences to follow? >> mike: the draft opinions are government property and can't have law clerks or employees, disgruntled employees leaking to the press. and also obstruction of justice under federal code if you try to

do something illegally or improperly to influence the outcome of a case. and that's exactly, what could happen here. if you are trying to change votes of justices through illegal means, that is obstruction of justice. >> sandra: mike, the word to describe the inside of the supreme court and the wake of this leak last night was that the court was shaken. obviously with many hours that have now passed, can you give us more color as to how the justices are reacting to this today? >> mike: i have been very careful not to talk to justices or their court staff about this because there is a pending investigation. but i'll tell you based upon my experience as a law clerk, these justices get along very well, so do the law clerks. this is unprecedented. this is like leader mcconnell just said, the first time ever a draft opinion has publicly leaked like this. justices have to be able to

trust each other, have to work together. nine of them, four, maybe five law clerks, three administrative aides, they have to work together to draft the opinions, draft con can youring and dissenting opinions. they have to have that trust in, and shattered likely by a disgruntled employee. they will find out who did this and pursue this person, this person will probably get disbarred, fired and might get prosecuted. >> sandra: mike, do you have a hunch who did this? >> mike: i -- i don't want to speculate on who this could be other than it's clearly a court employee, disgruntled court employee, maybe a law clerk. >> sandra: mike, a final thought how you gain back the integrity of obviously the warnings are out there about how this changes and shapes the court for the future, and the loss of trust involved in this, just a final

thought on if it can be regained. >> mike: i think the chief has done the right thing by ordering the marshal to investigate, and issue the opinion immediately, they should issue this opinion immediately to punch back against this assault on judicial independence. we don't want to put justices at risk while the case is pending. people will try to take law into their own hands, we cannot let this happen. they should issue the opinion immediately. >> sandra: do you know if there are plans to do so? >> i do not. >> sandra: right now it's a june and july situation. mike davis, appreciate you joining us on the program. we will stay in touch. thank you very much, sir. >> mike: thank you. >> john: a special grand jury into allegations president trump tried to influence or overturn the 2020 election results in the state of georgia. live in atlanta with more on

this. jonathan, this investigation has been going on a while. why now? >> investigation since early last year. prosecutors said of more than 50 witnesses they tried to get to come in to speak with them, none with do so voluntarily. a lot of reluctance to cooperate. and so district attorney willis requested a special grand jury that would have somebody power to compel witnesses to speak. yesterday a pool of 200 people was narrowed down to 23 grand jurors and three alternates. they do not have the power to indict but instead will provide the d.a. with a recommendation on how she should proceed, whether she should seek criminal charges against anyone. >> i am only looking into election interference in the state of georgia and more specifically, things that they asked for around that call, that occurred in my county, fulton county. >> willis is referring to the

post election phone call in which president trump pressed the sent of state to find enough votes for him to win the state. she says the panel will also investigate the slate of unofficial presidential electors who held an alternative ceremony at the state capitol to cast votes for president trump. now john as you know, there is a primary election cycle right now, may 24 primary, early voting has already started this week. this grand jury will not begin its investigation until after that in june. willis says they will have a year to complete their investigation but she believes they'll be able to wrap up before that, john. >> john: looking forward to all that ahead, including the primary, where brian kemp has a substantial lead over the trump candidate david purdue. >> sandra: all eyes on capitol hill as senate leaders are set to give briefings with the

shocking leak out of the supreme court, front and center. we'll have those for you live a short time from now. bret baier will be joining us on the historic political battle brewing on the hill. >> john: a manhunt underway for a missing alabama corrections official and murder suspect police say she helped escape. latest on the investigation as the officer and inmate are considered armed and dangerous. >> those who work with vicky white and have worked with her for years, this is not the vicky white we know. d get up to $60,0. we called and got $96,602. that's more than ever. we called and we got $62,810. home values are soaring. now is the best time in history to turn your home equity into cash. we called and we got $68,201. we called and we got $58,800.

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>> sandra: knocks fox clever >> fox news alert, a manhunt underway. shorts authorities say the suspect is extremely dangerous. what's the reaction of the murder victim's family? >> the family is in a state of shock. confessed to stabbing a woman to

death, murder for hire, and the son says how is this possible that this man simply drives out of prison, confessed murderer. we are getting now more attention paid to the corrections officer, vicky white, 56-year-old widow, no children, she was employee of the year several times, so her own officers around her are shocked by this, but it appears she may have been, the sheriff says, in an relationship with the confessed murderer. here is the sheriff. >> we had information from the inmates there was some kind of relationship, we are in the process of following up on that, and trying to confirm that through independent sources. >> a couple more pieces of information about vicky white. she put in her retirement papers days before the escape and sold her house one month ago. so if she is on the run with this confessed murderer, the two have money to run together. sandra, back to you. >> sandra: steve in atlanta, thank you. john. >> john: the white house saying

the newly created dhs disinformation governance board headed by nina jankowicz will be non-partisan and apolitical. the g.o.p. is not buying it. next hour, how the g.o.p. expects it will be. >> sandra: and russia is having some problem with the offensive in ukraine. have we seen them before? >> say the message to russia is you failed. ukraine is still standing.

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>> sandra: fox news alert, explosions are reported in the western ukrainian city of lviv. matt is in lviv right now for us, so, matt, what are you seeing and hearing there? >> sandra, in the past couple of minutes, 30 minutes or so, our crew heard a series of blasts here. i heard them from inside the hotel and now thick black smoke on the horizon here in the lviv region and one area there is just a steady stream of black smoke billowing from that location, so assuming something highly flammable.

don't know what was hit, but the third week in a row the lviv region is struck by missiles, if we are presuming they are missile strikes. past two weeks were deadly in the region. three blasts in lviv a short while ago, we are assessing the situation and will keep you updated from lviv. >> sandra: matt, be safe, and we'll get back to you as things change there, thanks, matt. >> john: dr. rebecca grant, this happened in the just little while, lviv to the west, fighting is going on here in the east. they have been hitting, though, fuel depots elsewhere in ukraine. what do you make of what we just heard from matt? >> i agree probably a fuel depot because of the black billowing smoke. russia has launched over 2,000 missiles in the war, could have been a missile, could have been an air launch missile off a long range bomber, i expect them to

try to hit lviv to show they can. >> meantime as we said, everything else is happening in the eastern part of the country, that's from last week when i was here with you. and because i've had a three-day weekend i am a little rusty on all of this. ok, so all the action again is taking place here in the east. and one thing we saw over the weekend was there was a massive artillery strike by ukraine on a russian position, command center in izyum. 200 people were killed. >> this is a big deal. the hit on the building means ukraine can get into russia's most secret command and control. so all the russians from the generals and commanders on down to the soldiers are going to be freaked out knowing that ukraine can listen and figure out where they are and strike them. >> john: let me come back to the other map, this fella here,

general almost got killed. >> he was down visiting the region trying to figure out how to make the war go better and sounds like ukraine's command and trailing was just trailing him and his itinerary, got very close to hitting him. should really scare the russians. >> john: the fact this they have intercepted it is a blow for the russians. russia is still prying trying to press this way toward odesa, here in mykolaiv they cannot get through. the big question is how long can russia, which has had to throw forces outside of its own country, big logistical lines, continue to grained on to the point, guess they call it culmination, they cannot fight anymore. >> when are they combat ineffective. they are struggling in the east. we hear reports they want to regroup and attack here, but this could be a mistake as big as kyiv. 150 mile front, they want to go

after zelenskyy's hometown, but russia will have an awfully hard time pulling it off at the same time they are making only tiny incremental progress in the east. >> john: the weapons are headed in from nato countries in this direction helping to bolster the ukrainian forces, increase the fight, make it even more difficult for russia. rebecca grant, always great to see you, thanks for joining us today. appreciate it. >> sandra: new at 2:00, senate leaders from both sides set to speak any moment from now. those are live split screens as the draft opinion shows roe v. wade poised to be overturned, sent shock waves across the u.s. and capitol hill. senator cotton, bret baier, larry kudlow, and shannon bream in a whole new hour when we come back. newday usa. as a veteran, you've earned the powerful va home loan benefit that lets you refinance

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>> what we are doing today is protecting the integrity of the court. for someone to betray the trust that they -- that has been placed in them to support the work of the supreme court of the united states, this is unprecedented. >> this should be a matter for state legislators, let the people decide through elected officials. >> agregious, agregious leak. >> this is government property. you can't have law clerks or employees, disgruntled employees leaking to the press. >> john: a new hour, cities coast to coast bracing for mass protests this afternoon as the biggest ever breach in supreme court history continues to send shock waves from congress to the white house and on to just about every corner of the country. welcome back to "america reports" and a jam packed tuesday. i'm john roberts in washington. >> sandra: that was a live look outside the supreme court,

protests continue there. in the wake of this leak, barricades were put up outside the court in anticipation of violence. we are going to continue to monitor the situation there at the court, obviously as the protestors legally make their voices heard. only a handful of supreme court cases everyone knows by name, so explosive almost everyone has an opinion set in stone. now the real possibility that roe v. wade could be overturned. emotions running high. >> as you can tell there, biden and the white house now going on the defensive as women's rights groups say it could be a reversal of every gain their movement has made over the years. >> sandra: and we are expecting to hear from senate leaders from both parties, polarized country, the 2022 election season is underway. >> a vote on this legislation is no longer an abstract exercise.

this is as urgent and real as it gets. we will vote to protect a woman's right to chose and every american is going to see which side every senator stands on. >> john: new at 2:00, analysis from the a list, bret baier and jonathan turley join us live. >> sandra: and senator tom cotton of arkansas. >> john: and spokesman from planned parenthood about the leaked draft they call devastating but not that shocking. >> sandra: and shannon bream's latest reporting all new at 2:00. shannon, where do you think the chief justice is now on the content of the actual opinion. >> that is one of the very interesting, unanswered questions at this point, sandra. you think about fact this alito draft confirmed to be

legitimate, entitled opinion of the court, at least five people had signed on to do and sign their names to that draft. it gets circulated, there could be dissents, and things happening, but what we do know at this point. this is the most shocking thing i've covered at the court in the 15 years i've been covering it because it was -- there were not leaks that came out of the court until last night. confirmed as an actual draft opinion, the chief justice is speaking out about this and praising people who work at the court, says the work of the court will not be affected in any way. this was a singular and agregious breach, and i have directed the marshal of the court to launch an investigation into the source of the leak. for decades advocates on both sides of the issue have made passionate arguments. the last 14, 15 hours the supreme court has shown this is a very heated debate.

this is a draft opinion what may or may not be what the actual opinion is, but states have passed trigger laws, if roe is overturned, states will had latitude to handle the issues. are we going to wait until the end of june or speed up the release of the opinion. that's the question at this hour, bus the court as you heard, the chief justice say, their work will not be interrupted or changed. but because it's out there and confirmed by the court, there can be many iterations and changes. we are left to wait and see what it does, sandra. >> sandra: keep us posted, shannon bream. thank you so much. >> john: jonathan turley, read a

bit from john roberts' statement, said to the extent this betrayal of confidence the court was intended to undermine the integrity of our operations, it will not succeed, as shannon pointed out, says the work of the court will not be affected in any way. but a leak like this kind of presents the court is just another political institution, what do you think? >> well, it does. there's a loss of innocence in all of this. most of us did not think this day would come for this court, any court. it is long maintained, this very high level of integrity and confidentiality. it's not that leaks have not occurred in the past, even with roe v. wade, a few leaks but this is an entire opinion, majority opinion released months before it was expected to be released to the public. it's an incredibly, exceedingly unethical act by someone, and i think what you see in church justice roberts' statement the determination to finds out who.

paraphrase shakespeare, and there could be criminal issues awaiting for whoever is responsible. >> sandra: mike davis clerked for supreme court justice gorsuch and clerked for multiple justices, suggested they have a pretty good idea of what type of person this might have been inside the court to leak this. but he also suggested that there will be legal consequences when they find this person. i know i've sort of heard you say otherwise. is there legal precedence to hold this person accountable once they do find him or her? >> there are. i mean, you can stretch the criminal code on issues like

theft or obstruction, but dubious of those charges based on a leak. this seems to me primarily an unethical act. i think the stronger criminal case, charged most often brought, false statements to federal investigators. this is a small group of people and virtually all of them are going to be contacted. when this culprit has that knock on the door a decision has to be made. are you going to make an admission against interest, fess up to your responsibility or lie and violate the federal law. >> john: we need to go to capitol hill, mitch mcconnell talking. >> white house and others have filed amicus briefs similarly threatening the court. and now we have within the court itself someone else threatening

the independence of the court. i want to applaud the chief justice for indicating the court is going to investigate. i want to underscore the separation of powers. this is the supreme court's job to investigate the leak. the chief justice has indicated that's what he's going to do, and i hope that the leaker who is extremely likely to be found, given the limited number of people who had the ability to access early drafts of opinions will be dealt with as severely as the law may allow, and certainly the supreme court is the most prominent law body in the country would know what is the appropriate penalty. on ukraine, i want to reiterate to the administration the way to

get relief to ukraine quickly is for the ukraine package to move by itself. there is overwhelming bipartisan support for getting the ukrainians as much help as they need as quickly as possible. for that to happen here in the congress, that package needs to be moved all by itself without the other extraneous issues with title 42 and additional help for therapeutics. that's the way to make progress on ukraine quickly, with regard to the revelation of today, i'm confident the chief justice and the supreme court will find the leaker and move forward to apply appropriate punishment.

>> john: senator mitch mcconnell on the hill saying the leaker needs to be found out and punished. jonathan, we were talking to you about the leaker, but let me come back to the change in mood among some of the conservative justices. at his confirmation hearing on january 11, 2006, samuel alito, like other candidates for supreme court justice said the principle of stari desisis holds. why the change now? >> there were some counter veiling statements they could not commit to a position on the court in a future case. all of us understood alito was someone who was not a fan of roe v. wade. others like barrett refused to say that roe was so-called super precedent, refused to give that

guarantee. by the way, so did judge jackson in the most recent nomination agreed with barrett on that point. but you know, the senate has gotten into this trend of demanding assurances on specific cases. many of us have really thrown flags on those plays saying look, this is troubling. you can't make a confirmation conditional on a future vote, so there's no -- i don't see any legal liability for the justices. people are saying oh, my gosh, this must be perjury. i think that's perfectly ridiculous and there are many things in confirmation hearings that could be read either way on precedent. a lot of the senators, frankly, went too far, read too much into statements. but at the end of the day these justices are allowed to change their mind and allow to rule what they think is the course demanded by the constitution. >> sandra: back to what we just

heard from mitch mcconnell saying the supreme court is under attack, hopes the leaker is dealt with as seriously as the law will allow, and up to the supreme court to investigate the leak. we know chief roberts is doing just that, and said so through a statement earlier today. when you look at the leaked draft opinion itself, jonathan, that as mike davis also pointed out earlier is government property and so while you said that the legal precedent is false statements, what about the fact this was in the possession of the court and leaked to the press? >> it is government property. it's just that the laws governing theft, obstruction have elements that would be somewhat problematic. what's the motivation of this individual. i've always doubted that the motivation was the change votes in the majority. i think that would be a rather bizarre assumption. it seems like it's designed to trigger a political reaction outside the court, possibly, to

push the legislation in congress. but it is an attack on the court's integrity and its traditions. i mean, this is a very serious matter for the court to have to recover from. whoever did this decided to abandon any semblance of ethics, any professional standards that govern their lives to pursue a political agenda. and they will pay a hefty price. even without criminal charges, if this was a clerk, i think disbarment would be a rather obvious and quick and may face criminal charges. what i was saying, the most likely and easiest to prosecute would be false statements made to investigators, and that's why there's going to be a meeting in the next couple days where this culprit will have to make a very serious choice. if they lie about their role, they will convert an arguable ethical case into a very easy criminal case. >> john: you have to imagine a lot of concern among the nine

justices as to where this came from, whose office it might have emanated from and whether or not a breach of trust among the offices of the justices. >> sandra: and for all we know, the person is walking the hallways or in the offices of the justices as we speak. >> john: someone suggested it might be a justice themselves. >> fascinating during the oral argument, justice sotomayor said she smelled the stench of politics, and direct reference to the trump appointees, and suggesting they were put on the court to reverse roe. and i wrote a column saying that was a breach of decorum, a very direct in my view attack. of course that stench is now overwhelming because somebody decided that they would take this matter into their own hands and try to manipulate the court or congress or the public or

everyone. >> john: certainly changes things over there at the nation's highest court. great t get your take on things, appreciate it. >> sandra: the fight over the filibuster. chad pergram live on capitol hill, the president spoke earlier, we took it live in the 11:00 hour and he didn't openly condemn the actions of the leaker, although some democrats are. but others are taking a different route. what have we heard so far. >> that's right, the debate about the filibuster is back, but that hardly means they can get rid of the filibuster. it's about the math. democrats want to change it to pass a bill to codify roe, however they lack the votes to change the filibuster. that does not alter their goals. >> filibuster role in order to codify. >> i wish we could, i'm not sure we can. >> will you try again? >> of course questions will be asked to see if there is any

change of sentiment. >> still, talking about codifying roe into law, g.o.p. blasted the other side for playing politics. >> the radical left immediately rallied around the toxic stunt, cheerleaders for court packing applauded, saying it was a brave clerk making a last ditch hail mary attempt to cause a political fire storm and cause the court to reconsider. >> in february the senate failed to break a filibuster to start debate on a bill which the house passed to codify roe, you need 60 yeas. don't have support of sinema and

manchin. pt alexandria ocasio-cortez is calling for a primary against sinema. back to you. >> sandra: chad, thank you very much. john. >> john: president biden calling the potential overturning of roe versus wade a radical decision. peter doocy live at the white house with more. peter, i was surprised he did not speak to the leak itself when he was questioned about it. >> peter: to your point we heard aboard air force one from jen psaki, they don't have issue with the leak but the material itself. >> our focus beyond the leak, how we are going to protect a woman's right to make choices about her healthcare with her doctor, supported by the vast

majority of american public. some call it a political issue, it is not. it is supported by the majority of the american public. >> peter: the president said it was the reason to elect more pro choice democrats and kamala harris saying the rights of all americans are at risk, if the right to privacy is weakened, everyperson could face a future which the government can interfere in the personal decisions you make with your life. this is the time to fight for our country with everything we have. and president biden is making it sound like the ramifications of the leak are far beyond abortion rights. >> well, if this decision holds, it's really quite a radical decision, and again, underlying premise and i've not had a chance to thoroughly go into the report, but it basically says

all the decisions made in your private life, who you marry, whether or not you decide to conceive a child or not, whether or not you can have an abortion, a range of other decisions. >> peter: that represents a real evolution for him. now he is a big defender of roe v. wade but in 1974 gave an interview to a magazine he said he does not think that a woman has the sole right to control what happens to her body, john. >> john: peter, thanks. back to capitol hill, mitch mcconnell taking questions. >> do you commit to keeping the filibuster in place at all costs? >> absolutely. yeah. we don't want to break the senate and that's breaking the senate, and we went through that exercise a couple months ago. most important day of the history of the senate as an institution, that remains the case and we'll, as far as i'm

concerned, if we are in majority, remain the case in perpetuity. >> remake the court, overturn roe, 6-3 majority, you take personal credit for abortion rights likely to go away for millions of people in the country? >> i think the story today is an effort by someone on the inside to discredit the institution of the senate which continues a pattern that we have observed over the last couple of years, leader schumer on the steps of the supreme court calling out justices by name. filing amicus briefs threatening the court. efforts to pack the court, efforts to have term limits for court justices. what's unique about today, the first time we have had somebody on the inside try to attack the

institution. fortunately i think the chief justice has taken that seriously, and we'll find the leaker. >> democrats say prospect of roe overturned and without some exemptions will shock the public and motivate voters in november. how does that change the midterm? >> that's not the story for the day. story for the day is what i just said. >> if roe is struck down, do you see a need for federal abortion restrictions, legislation -- >> look, all of this puts the cart before the horse. we have three supreme court clerks in my conference, they all explain the procedure, and our entire conversation today was about what i've just been talking to you about, and you need, it seems to me, excuse the lecture, to concentrate on what the news is today.

not a leaked draft but the fact that the draft was leaked. >> sandra: all right, mitch mcconnell wrapping his questions there, and continued frustrations aired by members of the g.o.p. and also beyond. fair to say there have been some, like the democrat from illinois, condemning the actions of that leaker. although, john, you and i made the point when we heard from the president earlier, he did not openly condemn the leaking from the supreme court and the damage that that does. >> john: and jen psaki said beyond the leak, leak aside, talk about this. but what mitch mcconnell was saying don't focus on the leaked draft and the contents of it, focus on the draft that was leaked. he is suggesting that somebody is trying to discredit the

institution of the supreme court and certainly it throws the whole thing into a different light and a relationship between all of the justices as well. >> sandra: sam lau, senior director at planned parenthood federation of america. what do you have in this moment to say, welcome. >> well, thank you for having me. i find it so interesting that mitch mcconnell, senator mcconnell does not want to talk about what the leaked decision implies. it implies that half the country to soon lose access to abortion access. that's 36 million women of reproductive age at least who would suddenly live in a state where their bodies, their lives, their futures are no longer up to them. they are up to politician, up to judges, and i don't think that's what anyone wants, what anyone in this country wants. this results of overturning roe v. wade would be dire for communities across the country. >> john: sam, the decision, if

it holds, would have been known by the end of june, beginning of july and likely ignited a huge battle at that point. what does getting this out two months ahead of that mean in terms of the convulsion that is gripping this country? >> i think it just lays bare what abortion advocates have been speaking to for so long, this is abortion access on the brink, you know. we are seeing states across the country, more than 500 abortion restrictions introduced in over 40 states across the country already this year. and the fact of the matter is what happens in november at the ballot box will have a real impact on your ability to access essential healthcare and i cannot help but know this is not what the american people want. a fox news poll from past december showed nearly two-thirds of voters want roe v. wade to stand, including a majority of republicans.

when we are seeing the basic healthcare, the basic attack on freedoms, attacks, this is just going to completely go against the will of the american people. >> sandra: what do you think of the actual leak coming from the supreme court? do you think it was wrong? >> i think what people waking up to this news are thinking mostly about is the fact that for the first time in nearly 50 years their rights could be moving backwards. >> sandra: i think it's a straightforward question. do you think it was wrong? >> you know, i -- i don't know how this leak happened, what i know is what the leak shows, which is the supreme court is about to rescind what has been a right for people for nearly 50 years, and i think that is going to be immensely troubling to people across this country. >> john: it seems, sam, as though it is damaging the institution of the supreme court, the fact the confidential opinions and drafts of those that get shared between these

justices has really breached the trust here and it's suggestive of the idea that the supreme court is operating like a political institution as opposed to judicial institution. >> well, you know, i think if anything is looking at, the reputation of the court is it seems they are poised to roll back 50 years of rights and ban abortion which fox news own poll says is against the wishes of more than two-thirds of the american people. when you have unelected judges working with, part of a stratty of anti-abortion groups working for years, and now poised to become a reality, i think that makes people lose trust in institutions when they can no longer rely on their elected officials, on members of the judicial branch to protect their constitutional rights. >> sandra: sam, let me finish off by asking you this.

a former hillary clinton press secretary is calling the clerk who leaked this brave, if it was indeed a clerk at the court. a vox correspondent, senior correspondent is saying seriously, shout out to whoever the hero was in the supreme court who said f-it, let's burn this place down. do you condone those statements? >> i think what's most important here -- >> sandra: yes or no. >> i have no idea how it got out. what it shows is millions of people, nearly half the country to lose access to abortion. that's what most of your viewers are going to care about, most of the people who woke up this morning scared the lights are torn away. >> sandra: most americans care about the integrity of the court. >> i 100% degree. and if the court is going to act to move against the will of the american people, like i said, majority of the american people, support the -- >> john: ask a quick answer from

you. the make-up of the court right now is 6-3. at some point it could be 6-3 the other direction. after this, it suggests that you know, these games of leaking could become permanent on both sides here. so, do you want in the future things that are being bantied around by the left to be leaked out for political purposes? >> i think what everybody wants from the supreme court is for them to protect their constitutional rights, that is their job. and i think if you see the court as it looks poised to overturn roe v. wade, i would say they are not doing their job. >> sandra: all right. we invited you on the program. thank you very much for being here. >> john: thanks, sam. >> sandra: larry kudlow, i feel i cannot move on without you reacting, you were having a reaction with the conversation. >> i respect people who have a different point of view than mine. >> sandra: that's why they are invited on the program.

>> larry: absolutely. i would say he made some falsehoods. we don't know if it's the decision, but the leaked memo where they are heading, alito's opinion, if that were the case and the court decides it does not end abortion. the procedure will still be legal, it will be up to the states to determine. up to the voters to determine, and the legislatures to determine. it was never meant to be my opinion and this is what alito is getting at, it was not a constitutional right. it does not appear in the constitution and so therefore it should not have been federalized. and what 63 million abortions later, 63 million children died from roe v. wade. half the states roughly, half the states will permit abortions and half the states are going to severely restrict them. i don't know any states that will stop abortions. so people will be free to choose

where they want to live, what state jurisdiction. unelected judges should not decide these issues. if the congress and the senate and the house want to decide the issue, they are elected representatives, schumer says a vote to codify abortion rights today but doesn't have the votes to get through the filibuster. >> sandra: we brought you on here to talk about inflation. larry, as far as inflation and fixing the problem, we had senator marsha blackburn on in the last hour and i asked her a very specific question, she answered, and they have plans to undo some energy policies that have led us to where we are with the high prices if they are able to flip the senate and regain power in november. republicans have to be specific as to what the plan is. if they are able to regain control, how they are going to bring these prices down, if the fed has not yet done so by then. and we could be in a much

different or worse situation as far as inflation by november. >> you know, on that point, i would say stop the spending. stop the spending. republicans, and this is an interesting question. too much domestic spending. i'm not opposed to the military spending, particularly regarding ukraine. so they criticized joe biden for build back better, 5 trillion, right, that was my criticism, save america, kill the bill. they need to keep the drum beat that bothers me. i'll go bipartisan on this, china competes bill ranges from 250 billion to 350 billion is a terrible idea. it's not 5 trillion, but it not nothing either, it's, you know, a quarter of a trillion dollars. 18, 19 republican senators voted for it in the first round. it's nothing but corporate welfare and industrial subsidies and picking winners and losers.

i call it the more like china china bill. that's something the g.o.p. should say we are not going to have the boondoggles. so much is the green new deal, national science foundation, i'm just saying i've been very critical of joe biden for sure, i remain so. he has not done a single thing to lower inflation. too much spending, too much deficit finance, too much borrowing, too much climate change, too many things to not only stop energy, but highways and roads and bridge, and the demand side stuff was launched a year ago. the fed has the job to do. sooner they do it, the better we will be. >> sandra: they called it transitory. final question on diesel fuel prices. >> you are so hard on the fed. >> sandra: come on, don't be there if you are not going to get the job done, right. larry, diesel prices, this is

huge. we were talking yesterday and saying to myself the truckers could just say all right, we are out, we'll just quit. diesel is now $5.29 aaa says as an average. that is, those are astronomical prices for people, and passed down to the consumer. >> larry: people don't respect truckers, you are right. three-quarters of the goods transported in the united states are transported by truck. between the vax and the mandates and the diesel prices, important point. one plug, though, the sooner and tougher the fed acts, then the quicker they will deal with inflation. we won't probably avoid recession next year, but it can be a mod recession, a smaller recession. unless you get back to price stability, so that means from 8% inflation to two, that's the

target, and unless you get back there, we are going to have a long recessionary economy. >> sandra: that's pressure. >> democrats and republicans, stop the spending, please. and raising taxes does not curb inflation. i don't know where the democrats got that one. just saying. >> sandra: it's not going to fix any problems in an economy like this. >> john: back to the bombshell leak at the supreme court, bret baier, anchor of "special report." chuck schumer is just about to speak, he spoke earlier today. listen to what he said. >> several of these conservative justices who are in no way accountable to the american people have lied to the u.s. senate, ripped up the constitution, and defiled both precedent and the supreme court reputation. all at the expense of tens of millions of women, party of

lincoln, and eisenhower has now completely devolved into the party of trump. >> john: if the decision upheld, we would have had a battle royal at the end of june or beginning of july, but now going into the party of trump. trump is going to play prominently in the november election. >> of course, every moment that donald trump can be uttered from a democrat's voice is going to be used and you know, you are going to see the january 6th committee hearings and that will be a focus. but this is a god send for a lot of democratic candidates who were looking at a host of issues, inflation, crime, immigration, foreign policy that's not going tremendous, and saying this is an uphill battle. they will now, and according to multiple democrats running the campaign committees, put this front and center, john. >> john: it's going to ignite a

battle in the democratic party as well, though. alexandria ocasio-cortez tweeted earlier today they could have roe tomorrow in a different form if the senators on the democratic side were to agree to nuke the filibuster. she says remind sinema of that and suggested that she should be primaried right there at the end of that tweet. i don't know what she said about joe manchin, but we have a battle between republicans and democrats and now between the democrats. >> she did not mention joe manchin, he has the highest approval ratings in west virginia aside from robert bird, and they are not going to primary joe manchin from the left in west virginia. but you are right, a major battle, back to two senators, manchin and sinema have said they are not going to change the filibuster. now, you get somebody else on a specific issue-based effort in

this way, i don't think so, as far as changing the rules of the senate. so the interesting part is the two parties. schumer is talking about the result of the substance of the draft opinion, mcconnell is talking about the leak of the draft. and that this is not a cooked deal as far as what the court and what the chief justice said as of yet. i think it's interesting that there is another abortion case, the mississippi case, that, you know, offers another look at this and you wonder how this all factors in by the time you get to the end of the road where there is going to be opinion. was there going to be an effort to pull some justices back to some hybrid ruling. we don't know until the end of the process. >> john: this is a draft out in february, it's now may, things may have changed. >> bret: i heard the white house

and the supreme court knew about this heading into the weekend, that it was coming. and if you -- you know, that's just from a couple of sources, but if you look at the timing of the fundraising efforts by joe biden and kamala harris and the campaign, they were very specific in moments after the chief justice -- >> john: schumer vowed he's going to put something on the floor for a vote, you need 60 votes, and manchin and sinema have said they will not nuke the filibuster. it could have a dramatic effect on not just congressional races but down ballot at well, it's the make-ups of the legislatures that will decide access to abortion. >> bret: the big political picture, over the years it has reduced in its power as far as a political motivator. talk to senator rick scott who says inflation and how people

feel about their economy is really going to drive the day, but this is going to have an effect in at least some races where republicans were hoping to smooth sailing. >> john: more for you to talk about between now and november. >> bret: many. >> sandra: bret, thank you. now the reaction outside the beltway, garrett tenney is live in chicago for us. hello. >> a lot of folks we spoke to are digesting what it could mean at the state and federal level. here in the windy city, one man says he's devastated and another is worried about what it could mean for his daughters. meanwhile, outside the supreme court in d.c., it has been a mix of outrage and celebration. >> i don't like where this is going. i believe in rights of people, so people should have the right to decide what they want to do with their life. >> it's horrendous, absolutely

horrendous. it does damage to every female and every family in the country. >> we have to come out national organization of people power and say reversal of roe versus wade is good. >> they are not going to get away with this. i don't care what i have to do. >> states like illinois would not be affected at least directly. 26 other states likely would take action to restrict abortion, make illinois an island in the midwest for abortion rights and potentially a magnet for women from those surrounding states who are seeking the procedure. today the governor promised the land of lincoln would be a beacon of hope for women. >> no matter what opinion the supreme court rolls out this summer in regards to roe v.

wade, abortion is safe and legal in illinois. >> even those we spoke to who are devastated by the potential ruling, said they are also very concerned with how the ruling got leaked. >> sandra: ok. garrett tenney, live in chicago. >> john: and david spunt is outside the supreme court. what you are concerned about the leak seems to depend on what side of the political aisle you sit. >> it does, and you are hearing it from both sides about who may have leaked this, we may find out in the future. things are fairly calm at the supreme court. you see a few officers behind me. maybe 150 people out here right now, no violence at this point, but this is big, this leak. it's significant because the supreme court is a close knit group. i want to put up a tweet from scotus blog, an insider blog that follows the supreme court closely. the folks write it's impossible

to overstate the earthquake this will cause inside the court in terms of the destruction of trust among the justices and staff. this leak is the gravest, most unforgivable sin. just think about the tension between the nine justices. they may not agree on anything but they are a close group. a lot of questions going on. maybe are justices going to lose trust in one another, which justice did the leaker or leaker work for. and alito wrote roe was wrong from the start, and decision has had damaging consequences. several hundred protestors gather you had outside the court early this morning, after a late night of demonstrating some believe a liberal justice's clerk leaked to sway the justice's opinion, and others a conservative clerk will prepare the country for the overturning of roe v. wade.

chief justice has asked the marshal to investigate. fbi is not involved, no classified information or no reason for the fbi to get involved. there is also a local police here at the supreme court expected to help with that investigation. john, sandra. >> john: we'll be watching all of that. david, thank you. >> sandra: live to capitol hill. senator dick durbin from illinois said he does not condone the actions of the leaker but is speaking now, we will listen for a minute before we bring in senator tom cotton. >> they are not able to escape the situation, as senator schumer said, the vote on the floor they will face it to whether or not they will stand behind roe vs. wade and rape and incest and other provisions. they will know what it means to them. if the brazen reasoning continues and also know which members of the senate are for

them or against them. the election in this november is going to be referendum on privacy and your rights to premium as an american. they don't want to make that the case. >> sandra: we are going to monitor that, the reaction from democrats. bring in arkansas senator tom cotton. you were able to hear there from dick durbin, and we will continue to monitor it. your reaction. >> freedom and your body, your choice, what dick durbin and the democrats say until it comes to vaccines and mandates they want to dictate to you. they can barely find it in themselves to condemn this agregious breach of trust at the supreme court, another part of the left wing continued onslaught against the court. last year chuck schumer started condemning justices by name based on how he thought they might rule. other democrat senators have

filed briefs at the court that have threatened the supreme court with court packing. more democrat senators are saying we need to pack the courts. every time democrats don't get their way, whether it's in a presidential election or senate election or supreme court ruling, they assault the institution itself. it's dangerous and it needs to stop. >> john: senator, looks like the purpose of legislation that would be brought to the floor by chuck schumer is merely to take names, does not look like it would pass, you need 60 votes unless you nuke the filibuster and manchin and sinema have said they will not go for that, but have not weighed in on this case. mitch mcconnell wants to get to the bottom of the leak. >> it appears the campaign hit a new low. historically justices, clerks and staffs have prized and

protected the court's confidentiality. justices must be able to discuss and deliberate in an environment of total trust and privacy. americans cannot receive a fair trial if politicians, pundits, bullies, and mobs get a say in court. >> john: senator, the leak was unprecedented. how much damage do you think it has done to the court? >> i believe it does real damage in the way the justice conduct their business. supreme court is the one island in the sea of leaks and i worry the justices for years won't be able to have the kind of open candid deliberations that have characterized the court's business throughout our history. i will say i agree that we need to get to the bottom of this leak. very few people on the supreme court would have had access to this opinion. something tells me they are probably not a criminal

mastermind. skilled at the arts of espionage and misdirection. i'm pleased to see the chief justice has directed the marshal of the court to investigate the matter. i suspect the fbi and others if called upon will assist to get to the bottom of it promptly and hold all persons accountable. >> sandra: what do you think of the fundraising and the politicking already happening as a result of this leaked draft. we have seen it already begin, i've got in front of me, biden-harris democrats pointing to the leaked draft, already asking for money for democrats based on this development last night. >> sandra, it's an example of how the democrats really don't see the rule of law or the court's independence as being above politics. for them, everything is politics. chuck schumer went to the supreme court steps and condemned justices by names,

senate democrats have filed briefs threatening the courts, and tried to pack the courts. they believe in ideology and power and do whatever they can to seize it, and when you have an agregious breach of trust they will fund raise off it as well. >> john: another project you were involved in, legislation to forbid the formation of the disinformation governance board. jen psaki said i don't know what you are worried about, it's non-partisan and apolitical. >> well, peter, i think i would note, i'm not sure if it's in your reporting yet, but this is a continuation of work that was done under the prior administration, under the trump administration to take steps to address disinformation, address the use of disinformation and helping smugglers prompt movement of more migrants to the

border. >> john: talking about the cybersecurity and infrastructure security agency. is this an extension of that, what about the apparent politics of the woman in charge of it, nina jankowicz. >> disinformation to the democrats is anything that's inconvenient to joe biden and the democrats. maybe if the board was in place two years ago they would have cracked down on me for saying the coronavirus almost certainly came from the labs in wuhan, they would have cracked down on all the americans who said masks were not terribly effective against the virus or that vaccinated people can get the virus. all the things which have been proven true so far. and as for the woman appointed to this position, i mean, she appears to be mentally unstable. like so many of the biden administration appointee, if you look at their social media, they appear to be mentally unstable. she has no business refereeing political disputes about differing opinions. >> sandra: yeah, looks like we

teed up the mary poppins video, i don't know if people have the appetite to see that again in this moment, senator. what a week it has been, right? >> it is a very consequential week. >> sandra: and it's tuesday. >> first principles and respect the rights of people to speak their mind and make their choices and the laws that govern them, and the agregious leak at the supreme court and the biden administration to referee disputes. >> sandra: thanks for joining us. >> john: as we reported last hour, massive explosions rocking the city of lviv in ukraine, sending clouds of black smoke over the horizon. two power substations, knocking off electricity to part of the

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>> sandra: the war in ukraine and putin's crackdown on journalists serves as a constant reminder of the importance of a free press. every day journalists are putting themselves in the line of fire to get the story. sometimes risking their own lives. including sadly some of our colleagues here at fox news. charles bennett, the editor to "truth profit." thanks, sir, for everything you do fresh off the ground in ukraine. we interviewed you from the back of a truck there. it was quite something. tell us the story about this group you traveled with that helps to save our own colleagues lives. >> yeah, i would start with saying save our allies who we were embedded with as an ngo out

of ukraine now. their work was first in afghanistan. they were a big part of the airlift of some many afghans out of afghanistan, out of karzai international airport. they realized they could make a difference there. they're now in ukraine making a difference. as this newsroom knows better than anyone, they're heros. they went in and brought ben hall to safety. world press freedom day, feels like all of us are aware of the risks that journalists are taking i'd say ukrainian journalists. they're covering a war in their own country and risks their lives to get at it. and members of the foreign press corps have to be realized. you lost two colleagues. ben hall is doing better, which i understand. that's great news. it's a day to honor those that have fallen and those that risk their lives on the front lines to tell the story. >> it's remarkable that ben is

still with us today. given what happened to pierre and sasha and the gravity of his injured. i sat with sarah at the white house's correspondent's dinner. it was a moving moment. there was a tribute to the many journalists that have died covering the ukrainian war. i should say that pierre and sasha were two of them. but there were many more as well. i don't remember a conflict. i've been to a number of wars overseas as well where so many journalists have died in a short period of time. >> these are tough days. a lot of loss among our brothers and sisters in the field. i'd say we have had this in iraq, we've had it in afghanistan. we've seen it in places that we don't think often enough like mexico, columbia where journalists risk their lives every day. there's a growing peril for journalists in the field.

that's something that we focus on through our two different programses, report for the world and report for america here in the united states. >> your vision stands out to me as we wrap our visions in a world in which all people have trustworthy journalist to build more just and thriving communities. don't we hope and pray for that each and every day. final thoughts. >> absolutely. what i learned in ukraine from talking to ukrainian journalists, they feel like the crisis in their country is the war. one of the things that they're talking about intensely is the way in which local news in ukraine has crumbled and really eroded. that's something that we see here in the united states. all of these newsrooms that are closing and seeing local news organizations in peril. i felt a kendrid spirit. we're going to try to change the

narrative there, report for the world, which we are announcing an expansion of it today. we are going to be opening applications and we really hope ukraine and other eastern european countries can apply. >> martha: you're doing great work. thanks for all you've done. >> thanks for having me. >> martha: that does it for us here. thanks for joining us. i'm sandra smith. >> john: i'm john roberts. set your dvr so you don't miss a minute of the program. "the story" with martha starts right now. >> martha: thanks, john and sonda. good afternoon, everybody. i'm martha maccallum in fox news head quarters in new york. right now on "the story," this -- >> the story today is an effort by someone on the inside to discredit the institution of the senate which continues a pattern that we've observed over the last couple years. >> martha: we'll talk a lot about that. what is the pattern that we've seen that