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tv   Special Report With Bret Baier  FOX News  May 3, 2022 3:00pm-4:00pm PDT

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physical fitness i have to do to make this happen go. check it out. sign up for physical fitness challenge. >> 70? >> joey: 69. >> judge jeanine: he doesn't run as fast. >> dana: 31 miles a day? >> greg: makes my knees hurt just thinking about it. >> judge jeanine: my knees are killing me too. >> greg: that's it for us. "special report" suspect nengts. >> bret: my knees hurt too. >> greg: first thing that goes. >> bret: good evening, welcome to washington. i'm bret baier. breaking tonight, we are covering three big stories tonight. in ohio, voters are now casting their final ballots in the state's primary election. senate seat there up for grabs. a live report from cincinnati in just a bit. plus, new fox polls out tonight suggest a wave election for republicans in the midterms is in the making. we will have reaction from pollsters on both sides of the aisle ask about a possible change around one big issue
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because hang not guilty balance a possible decision by the u.s. supreme court to overturn the landmark abortion case roe v. wade. it remains unknown what kind of impact politically it could have on midterm voters. the leaked draft opinion already. around the country and the chief justice we have fox team coverage tonight. peter doocy at the white house with the president's reaction. anchor of fox news at night. shannon bream with this shocking story. geographic, shannon. >> shannon: good evening, bret. this is what we know so far tonight there are only a couple people that would definitely know exactly how this draft of this opinion got from the supreme court to the pages of politico. the chief justice is determined to get to the bottom of it. as advocates on both sides now anxiously wait to see how much of that draft actually binds up in the court's final official opinion. ♪ no more ♪ hands off
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♪ our body. >> shannon: shock to the system full draft of the opinion authored by justice alito and in that iteration overturning roe v. wade given to a reporter at politico and published. >> i'm virtually certain that there are a number of people inside the court right now who probably figured out who it is. that person needs to be brought to justice and held to account for what they did here. >> tonight there is an investigation underway led by the marshal's office. chief justice roberts sending a clear message in a somewhat rare statement, quote: to the extent that betrayal of the competence of the court was intend to undermine the integrity of our operations it will not succeed. the work of the court will not be affected in any way. during december arguments over the mississippi law at the heart of the case, which bans most abortions after 15 weeks. doesn't have anything to do with choice. but if it really is an issue
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about choice. why is 15 weeks not enough time? >> what was much less clear was whether there would be five votes to overrule roe v. wade past century of precedence. >> if we think that the prior precedence are seriously wrong, if that, why then doesn't the history of this court's practice with respect to those cases tell us that the right answer is actually a return to the position of neutrality. >> a draft majority opinion like this one authored by justice alito back in early february is circulated to all the justices who then draft their own dissent or concurrences. the justices and their clerks are intimately involved with all the drafts which can change as can votes. the nearly 100 page draft is sweeping not only upholding mississippi's law but also overruling roe and the subsequent casey opinion. quote: the constitution makes no reference to abortion and no such right is implicitly protected by any constitutional
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provision and later roe was egregiously wrong from the start. its reasons was exceptionally weak. if the official opinion does ultimately overturn roe, each state will then be free to make its own decisions about abortion limits and access. about two dozen states have laws that would institute more limits while 16 other states and washington, d.c. would expand access. the "new york times" says according to its research legal abortions would fall by about 13%. bret? >> bret: so, shannon, just one quick thing, these justices, this is draft opinion. they could change their votes or opinions as we get closer to the time it was supposed to come out; is that correct? >> absolutely. so this draft we see from justice alito may not be the opinion at all. we don't want to get ahead of ourselves. we have to wait and see where those votes land. how the opinion is finally drafted and until it's official and released by the court. we just don't know. >> bret: okay. shannon, thank you. more on this with the panel.
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president biden meantime blasting the leaked draft opinion calling it a, quote, radical decision and in overturns roe v. wade president biden calling the reasoning in that decision profound that could have other implications for other cases meanwhile the president is not expressing the same concern for the rare leak of a supreme court document like this. white house correspondent peter doocy has the latest from the biden administration tonight. >> if this decision holds, it's really quite a radical decision. >> that's not all. the vice president says the rights of all americans are at risk. >> women's rights protect us all. >> as he claims it goes beyond abortion. >> goes to other basic rights, the right to marry, the right to determine a whole range of things. >> white house officials are not expressing outrage that a confidential draft became public. >> our focus is on right now the beyond the leak is how we are going to protect a woman's right to make choices about her healthcare with her doctor.
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>> the dnc sees this as a way to cash. in sending a fundraising email with the line make no mistake reproductive rights will be on the ballot this november as the president talks elections in his statement we will need more pro-choice senators. but, despite that jen psaki claims. >> some call it a political issue. it is not. it is supported by the majority of the american public. >> a majority of the american public say abortion should be illegal in a new fox news poll. 54%, up 7 points since the start of this year the president's opinion has changed too. in 1974 he said i don't like the supreme court decision on abortion. i think it went too far. i don't think that a woman has the sole right to say what should happen to her body. in 2006 he explained. >> i do not view abortion as a, um, as a choice and a right. i think it's always a tragedy. and i think that it should be rare and safe. >> 16 years later, pro-life groups are picking up on the president's new word choice.
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the suture b. anthony list tweets biden slipped up today acknowledging that abortion kills children, quote: choose to abort a child. >> choose to abort a child. >> the president said abort child pro-choice activists say abort fetus and even though white house officials insist none of this is political, a few minutes from right now, the vice president is going to give remarks at an event hosted by emily's list which exists to elect pro-choice democratic women. bret? >> bret: peter doocy live on the north lawn, thank you. stocks were up today. the dow up 67. the s&p 500 rose 20. the nasdaq gained 28. meantime as mentioned at the top of the show, voters in indiana and ohio are casting their final votes tonight in their state's primary elections. senate seats are up for grabs in both states but the election in ohio has already grown contentious, especially on the republican side.
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president trump, former president trump has weighed in endorsing author and businessman j.d. vance. correspondent mark meredith is in cincinnati tonight to tell us how the former president's influence in ohio could impact midterm elections really across the country. >> feeling good? >> author and businessman j.d. vance is hoping former president trump's endorsement in ohio's crowded senate republican primary will propel him to a victory tonight. >> he gave me some encouragement. he said he seen some polls that he thought were good. vance became the frontrunner after receiving the blessing in april. opponents were shocked by the endorsement vance was outspoken critic of trump and the maga movement. former state treasurer josh mandel he is on team trump even without the endorsement. >> i was the first statewide official in ohio to be for president trump when everyone else was with john kasich until the bitter end. and i'm a big believer in the trump america first agenda. >> political strategists are
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closely watching ohio's primary to determine if trump and other endorsements suede buckeye voters. state senator matt dolan saw a late surge in support after rejecting trump's claims that the 2020 election was stolen. dolan told fox voters are more concerned about the future than the past. >> one candidate me talking all about ohio. going to washington and fight for ohioans and that's why momentum is great. >> businessman matt gibbons who lost a senate primary bid in 2018 said he is hopeful he will have better luck tonight. >> he it's kind of an end of 13 months of hard work ended today hopefully it will begin again tomorrow. >> today democrats are going to the polls to pick their senate primary candidate. the dnc is expected to spend a lot of money between now and november to try to flip this senate seat blue. we're also hearing from outgoing republican senator rob portman who says this has been a contentious primary but that he believes no matter what happens tonight we will see a united
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republican party by the fall and we should know who the nominee is going to be within the next couple of hours. bret? >> bret: see those results here on fox. mark, thanks. ♪ breaking tonight, more on those new fox polls we told you about. one shows republicans with a 7 point lead over democrats for the generic congressional vote. that is flipped from the last time midterm elections were held in 2018 when democrats held the edge. if that margin holds, through the midterms, fox news models suggest it would be a wave election for republicans. this is the number that sits today, 44 seat swing in the house and 11 seat swing in the senate. again, as of today. approval of president biden's job performance remains low, stands at 9 points less than it was spring of last year and voters say their top concerns are the future of the country and inflation. 87% say they are extremely or very concerned. voters also showed worries for
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the future of democracy and political divisions. let's bring in former trump presidential counselor kayleighe conway and doug schoen. start with the story out of the supreme court. the leaked opinion, the draft opinion. kellyanne, the potential for affecting the midterms, obviously democrats by the way they are acting and fundraising today believe it is going to have a big impact. >> bret, it may. but not the way they want. the democratic party has really veered to the extreme on the issue of abortion. a majority of americans disagree with the democratic party platform, with biden, harris, and the rest of them that we should have taxpayer funded abortion. sex selection abortion. forcing medical professionals to perform abortions if they have religious or conscience objections to that this is not binary as pro-life, pro-choice. it's a very complicated issue that brings together the law,
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morality, religion,gender, and, of course, politics. i hope doug agrees i hope we can all agree it's not controversial. it should not be partisan that the smowrstd must remain in judicially independent branch of government impervious to political pressure and the leak should upset all of us regardless of where that ends up going. on this issue of abortion, it's very curious to me that the democrats weren't talking about it until today. they did not see it as a strong issue for them in their polling. of course, everybody is polling including fox news' polls, bret, show clearly inflation, immigration, jobs and of course national security, border security have been leading in the polls. last thing, this is a base issue for both sides. and i think you can probably expect that those who are pro-life, believing that you are killing a baby as joe biden said today, aborting a child and those who believe this is about women's health, they will be able to turn out the numbers in the midterms. but i think the left will take this a little too far.
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and not realize how much people are hurting at the gas pump and the grocery store. how concerned they are about border security and national security as well. >> bret: doug, politico writes it this way. democrats hope draft abortion jolt. potential rejection of abortion rights would likely require them to do something they have 2eu7 pickly struggled with in election year challenge the g.o.p. on an issue that galvanizes its base? your thoughts and positioning today? >> first, let me just say to kellyanne's point, as an american and a patriot, i am worried about the leak. i am against court-packing or doing away with the filibuster if that be what the democrats are considering. i also believe that the issue is dramatically being overstated by some in the democratic party. it certainly can help galvanize the base. kellyanne acknowledged that i certainly see it suburban women,
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younger people, people of color, i can see it helping, but the inflation issue, the issue of what is going on in our foreign policy, these are issues that people relate to day in and day out. as you saw, bret, from the numbers you put up, abortion is not one of the top five or six issues and while i think it can help the party, the fundraising numbers between last night and this morning were not overwhelming as they were when ruth bader ginsburg sadly passed away for the democrats. so i worry that my party might overreact and i would also say this decision is not final. we all know that court decisions can and do change and this decision, which was, i think, authored february 15th has a long history. even if it hadn't been leaked before it became settled law of the land. >> bret: i want to put up
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quickly a fox news poll president biden's job performance on a number of different issues. kellyanne, as you look at it, coronavirus is really the only one he is above water by 2% but not by a lot. and everything else is under water inflation 67% disapprove and to your point, that hits people's kitchen tables. >> it sure does. a that's not going to change. people are really hurting. they are complaining about that. even much to my surprise, bret. we don't see course correction in this white house. americans have lost confidence and competence in joe biden. i'm not sure he has the americans shored up. a majority of americans don't want roe overturned. we don't like words overturned, abolish, revolutionize, ism nate. that's a given number. two we did a poll in march please describe in your own words what roe v. wade provided in terms of the law and 26% get it correct as a quiz question. i think that's benefited the democrats quite a bit people are confused and uncertain about
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what roe provides. there are lies flying today this would do away with abortion. that is not true it goes back to the state where mostst most health and welfare decisions are made. >> bret: final thing, doug, as you look at the primaries tonight are you in coming days and weeks, are you looking on the republican side about the juice that the former president has or doesn't have? >> yeah. that is the key issue. is this going to be an election as 2020 was about donald trump or will it be about inflation and immigration, two issues whereas i read those numbers, bret, two thirds or thereabouts of the american people were adverse to the administration and its handling of those problems. i think we are looking at a wave election. my polling shows that the senate and the house will both go to the republicans, perhaps decisively. i don't think this will change it whether or not this becomes the settled law of the land with the supreme court decision and as kellyanne said, i was part of
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the clinton administration, we did a course correction joe biden needs one desperately. >> bret: doug, kellyanne, we appreciate it up next russian horses halt evacuations from mariupol storming the last pocket in that besieged city. we'll have a live report from kyiv. ♪ little miss cupcake never stood a chance. until, energizer ultimate lithium. who wants a cupcake? the number one longest-lasting aa battery. yay! case closed.
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♪ >> bret: russian forces have halted evacuations from mariupol storming a steel plant held by ukrainian defenders. it's the latest bye to block escape route in the rav vamged city. trey yingst has the latest tonight from kyiv. >> more than 100 ukrainians arrive in the town. the united nations and red cross says they are coming from a steel plant in the besieged city of mariupol that remains under assault at this hour. >> glory to ukraine. today on may 3rd, neighbor artillery shelled the compound. heavy air bombs were drooped. as a result of this criminal actions, two civilian women have died. >> with heavy russian attacks ongoing around the plant. the last ukrainian resistance strong hold in mariupol calls
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are growing loud tore save more than 200 ukrainian civilians believed to be trapped underneath the facility. protesters marched through the streets of the ukrainian capital this afternoon demanding the safe release of those remaining in mariupol. across town british prime minister boris johnson spoke to the ukrainian parliament over a video call announcing an additional $375 million in military aid that will include radar systems and drones. >> it's a conflict that has no moral ambiguities or gray areas. this is about the right of ukrainians to protect themselves against putin's violence and murderous aggression. >> making similar comments today at lockheed martin plant in alabama president biden called on u.s. lawmakers to approve his $33 billion aid request for ukraine. >> i urge the congress to pass this funding quickly to help ukraine to continue to succeed against russian aggression. just as they did when they won the battle of kyiv. >> weeks after russian
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atrocities were committed near kyiv, war crimes prosecutors are still digging up the dead. like in irpin where this woman gives 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 backyard. today we have heard air raid sirens multiple times across the ukrainian capital indicating kyiv remains a target for russian forces. bret? >> bret: trey yingst live in kyiv. trey, thanks. up next as president biden considers eliminating some student debt, a new study reveals the move may help the nationst wealthiest households the most. we'll explain. first beyond our borders tonight. heat wave in india throughout that country. india relies on coal for most of its electricity. but supplies at many thermal power plants are running low. shortages sparking scrutiny over
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india's need to diversify energy resources. this is a live look at sydney australia, one of the big stories there tonight australia's central bank lifts benchmark for the first time in more than 11 years. the hike was expected as the country deals with rising inflation there and around the world. the move could prove damaging for australia's government which will seek re-election later this month. just some of the other stories beyond our borders tonight. we'll be right back. ♪ ♪ honey, that's michael cohen erywhere, man.♪ ♪i've been everywhere, man.♪ ♪of travel i've had my share, man.♪ ♪i've been everywhere.♪ ♪♪ when it comes to pain medicine, less is more. aleve gives long-lasting freedom from pain, with fewer pills than tylenol. instead of taking pills every 4-6 hours,
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president joe biden says he'll keep student loan debt forgiveness, a popular proposal among progressives and many with student loans. >> it's an issue that is affecting working class americans of all background and it's a crisis that the president can fix with the stroke of a pen. >> a january report from the brookings institution say the people benefit most from such a policy would be the wealthy, the report says the wealthiest 20% of households owe almost a third of student loan debt. the next fifth owe right around 30%. the bottom 20%, the least wealthy owe only 8% of student loan debt. mark is with the nonpartisan committee for a responsible federal budget. >> this is not a targeted way to provide relief. this is not reduce the wealth gap or reduce the inincome debt. if anything it worsens domenic inequality. >> white house says its intention is targeting relief. exploring income caps for those whose loans will be forgiven. >> the president talked back on
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the campaign about taking steps or looking at steps to help people making less than $125,000 a year. >> the biden administration insists the president can use executive action, if not and it requires congress to act, there may be wiggle room from republicans on student debt but not on blanket forgiveness. >> allowing people to have greater grace to be able to pay off their debt at a slower pace may be one thing but just telling people we are going to wipe this out that's a whole different issue for me. >> the brookings report goes on to say the future value of a college degree is often left out of conversations about student loan debt. on average, it found the typical college graduate makes around a million dollars more over the course of their career compared to someone with only a high school diploma. bret? >> bret: grady, thank you. let's bring in arkansas republican governor asa hutchinson, thanks for being here. >> good to be with you, bret. >> bret: i want to ask you about all the abortion developments and the supreme court in just a bit but coming off of that piece, what do you think of the
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student loan debate wiping it away in the midst of the economy you are seeing in arkansas? >> well, to wipe the student loan debt for our nation across the board is bad policy. but, also, as your report pointed out, it's unfair. you look at arkansas, and we have many high school graduates that go straight into the workforce, they get their training, they pay for it as they go, they get some assistance, but they might not go to college. they don't create that debt. and for them to carry the burden of paying off everyone's college debt is basically unfair. i do believe that you can look at teachers, you can look at those that go into law enforcement and provide some targeted relief, i think that's a fair debate. there's -- we want to be able to encourage those professions. but, across the board, bad policy and there is unfairness in it. we should not go down that path. >> bret: all right. let's turn to this draft opinion that was leaked in roe v. wade
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overturning roe v. wade. here's three democratic governor's reaction on twitter. illinois governor pritzker women's rights are under assault they won't stop there gay rights, birth control, fertility treatment. every decision that makes our country more free and fair. new york governor hochul just to be fair it doesn't stop abortions it stops safe abortions. in new york we will safe productive care. tom wolf abortion access in pennsylvania will remain legal and safe as long as i am governor. i know governor hutchen you have a different thought about abortion and in fact if roe v. wade is overturned abortion would be banned in arkansas. but your thoughts of this day, this leak, and where we go. >> well, and i think that's the first point is that we believe in the independence of the judiciary and if you support that, then you have to be very concerned about this intentional attack on the court.
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and i do believe that the leaker will be caught. i think they will be identified. it's a small number of people. and with the techniques and interviews, the discretion of the investigation they ought to be able to identify that one. and so that's something that the president and others should in a bipartisan way be speaking out against. that kind of unethical conduct at a minimum that we see in this leak. but, in terms of the overall question, i think about my past for 35 years i have been going to pro-life rallies. talking about the overturn of roe v. wade, and to think that it really emphasizes that engaging in the political sides, engaging in who we elect to office makes a real difference in who is on the court makes a difference. this is a -- if the decision that has been leaked comes down in that fashion, first it's a
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constitutional decision that says, you know, the right or privacy is not identified in the constitution, roe v. wade was wrongly decided and it goes back to the states. i think there will be a robust debate in the states. states, just like in handling coronavirus, will come down on different directions on this. arkansas is a pro-life state. we have already put a trigger law in place and we're going to protect those lives if that decision comes down that reverses roe v. wade. we also have to be able to provide for the maternal health. we have to be able provide better adonation services. i think that's going to be a part of the discussion as well as it should be. >> bret: last thing, we talked about this with the pollsters earlier. democrats believe that this decision if it heads down the road as we expect it to will motivate their base exponentially heading into the midterms.
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you are a politician, you follow politics day to day, do you believe that? >> well, i think it will motivate their base. i think they are intentionally trying to motivate their base. but it also is going to encourage the base of the republican party that understands the importance of pro-life values and legislation and so, it's going to be affected on both sides. but i do believe that you're going to have a broader range of issues in the fall election, which will be from inflation, the supply chain, the economy, the worry about a recession. these are issues that are going to dominate as well. >> bret: governor hutchison, we appreciate your time. >> good to be with you, bret. >> bret: up next, we head to the southern border where migrants are preparing to enter the u.s. as the end of that covid era immigration restriction looms, title # 42. first, as we head to break, we remember former transportation
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>> bret: breaking report. homeland security department modified a report on russian interference in the 2020 election to blunt the impact of its finding that russia was aiding president trump correspondent david spunt has the details of this report. good evening, david. >> hi, bret. the report from the department of homeland security's inspector general found the acting secretary under president trump altered and delayed an internal report on russian interference in the 2020 election. worried it, quote: will hurt potus, kill it that report concluded the acting secretary participated in the review process multiple times despite any lacking any formal role in reviewing the product resulting in the delay of its dissemination on at least one occasion. the delays and deviation from the ia office of intelligence and analysis standard process and requirements put the ia at
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risk of creating politicization. the acting secretary at the time was chad wolf who was not mentioned by name. the ig found that dhs staff also made changes to its look into the foreign election interference based in part on, quote: political considerations. there were also concerns about objectivity by senior dhs leadership. bret, this came during a turbulent time in the months leading up to the november 2020 elections when president trump was running against former vice president and candidate nominee joe biden. the report said, quote: russian maligned influence actors were spreading rumors on biden's mental health, rumors which were unsubstantiated and the public release of a dhs intelligence analysis on those efforts was twice delayed by wolf. bret, within the last five minutes or so we received a statement from the current dhs leadership under president biden. that person said, quote: this troubling report raises concerns over the prior administration's inappropriate interference in
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the review and clearance process for an intelligence product. since january 2021, dhs has renewed its commitment to providing accurate, timely and actionable information and intelligence free from politicization and bias for the public and our partners across every level of government in the private sector and local communities. bret, this is breaking. we, of course, will continue to follow it. >> bret: okay, david, thank you. new video obtained by fox news shows hundreds of migrants arriving in a city along the border on the mexican side. a new fox poll meantime showing 63% of registered voters want title 42 restrictions to stay in place. 27% say they should end. meaning a surge at the border. correspondent bryan llenas is in eagle pass texas tonight. good evening, brian. >> bret, good evening. the national guard installed concertina wire along the banks of the river to deter migrants crossing illegally into eagle pass, texas.
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as you can see some have found a way to get through by placing wet clothes on top of sharp raisers protecting themselves from cuts so they can make their way. in gives you an idea how difficult it is to contain illegal immigration and how desperate these people are if you follow the trail of adults and children's clothes lead you directly to the rio grande. looking live at the river where another unprecedented surge of migrants is expected to illegally cross this summer as a result of the biden administration's lifting of title 42. the covid-19 policy used to deport migrants immediately. this new video shows migrants arriving mexico across from laredo, texas. we now know roughly 100 haitian migrants a arriving per day. large groups of migrants continue to illegally cross into the united states. this video shows border patrol and texas dps agents encountering dozens of migrants in the brush in the rio grande valley. you are looking at us live from above in our fox news drone. this is private property, a park
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owned by a young business owner. can you see the extent of the clothing and personal items scattered all over. a wallet, a converse tennis shoe. a pacifier, an infant onesie. the owner says you will have to pay for the clean-up. it's a familiar scene for ranchers and property owners up and down the border. among the other things that are left behind, identification cards like these from mexico and chile, we are told some migrants prefer anonymity because it will help in their asylum cases. bret? >> bret: bryan llenas live along the border. thank you. up next, the panel reacts to the leak from the u.s. supreme court and what it all means, big picture. ♪ ♪ ♪ ♪♪ voltaren. the joy of movement. ♪♪ ["only wanna be with you" by hootie & the blowfish]
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and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. >> never before, whoever committed this lawless act knew exactly what it could bring about. >> whoever leaked this out clearly has an agenda that they are trying to be able to accomplish. we will know at some point all the details, all the motivations on this. >> this is as urgent and real as it gets. we will vote to protect a woman's right to choose and every american is going to see which side every senator stands on. >> bret: all reaction to this draft opinion that was leaked from the u.s. supreme court, a shocking move because the court doesn't really leak or it
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hasn't. in many, many years. let's bring in our panel fox news political analyst juan williams, katie pavlich. news editor at town and trey gowdy former congressman from south carolina. trey, when you heard, this were you shocked? what's your reaction today? >> i was stunned. the judicial branch was always a cut above the executive and legislative branches? i mean this kind of stuff is standard fare for congress and the white house. but the judicial branch, i kind of viewed as the last ininstitution that was maybe immune from this what it proves is that we are just a country full of relativists. the end justifies the means. it doesn't matter how we accomplish our goal, process be damned. if it means leaking something break the trust of your colleagues then the end justifies the means. i think it's sad. i would think the same thing if it was an opinion that i disagreed with. >> a.p. says what's next for abortion after the supreme court
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leak? congress could move strictly to enshrine a natural trite abortion. that's unlikely previously stalled in the senate. if there is no legislative path to protecting abortion it could take decades for the supreme court's decision to be undone. katie, to that end, senator manchin told reporters today the filibuster is the only protection we have of democracy right now. i have always believed in protecting women's rights with the filibuster but the bottom line is we need checks and balances. so, that's not happening the manchin-sinema vote is not materializing. and it's important to point out that abortions do not become illegal if this does get to the ruling but it's sent to the states. >> it's really interesting to watch how democrats jumped right over this issue of this egregious leak in the words of the chief justice john roberts today and straight to the politics of this issue. joe manchin has also voted in
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the past against very extreme abortion bills put up by democrats. it's not that they don't have enough votes to eliminate just the filibuster they don't have the kind of votes to pass the type of abortion legislation that democrats have come to support. they have gone from safe, legal and rare abortion in the 1990s to not have any kind of discussion about any kind of restriction. despite the majority of americans being in favor of abortion restrictions after 15 weeks. but if you look across the country at democrats and this has been the choice in the 2020 presidential election, 2016 election with hillary clinton when the democratic candidate is asked do you support any 4reu789s on abortion? they won't answer the question. and we have seen democratic state legislatures pass laws on abortion that allow abortion essentially up until the moment of birth. so when they accuse republicans of being extreme on their politically, republicans are actually closer to the majority
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of americans than democrats would like them to believe as they push this false narrative that if roe was overturned. >> as you look at the map, there are 26 states that are likely or certain to ban abortions if roe v. wade is overturned. there you see the possible abortion restrictions. we talked to governor hutchison, they have a tryingner arkansas already. it's a significant issue. but is it a motivating issue. we're in may ahead of a november midterm. >> i think it is potentially a motivating issue. i think the fox news poll has 63% of americans saying let roe stand as it is and that includes more than half of republican voters. now, republicans typically have been motivated, the base, by the abortion issue. but as you can see from the crowds outside the court today by the responds from democratic politicians, democrats think
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this is going to definitely stir the democratic base and maybe even extend to democrats in the suburbs, independent women voters. i mean, you know, leak it steams me i just want to underline my agreement with trey, i think this is a radical step. i have covered the court. i never experienced anything like this. it undermines the credibility of the court as an independent branch of government. it is corrosive in that extent. someone is trying to influence something. i'm not sure it's from the left. all indications are that there is a fight within the court about maintaining what looked like in february to be a 5-vote majority. and it could be that people are trying to, you know, bargain and make deals and think that this leak helps one way or the other. i think as far as what we know from what alito has written, that undermines 50 years of precedent? that's pretty radical. we have never had rights taken away as americans.
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>> bret: there is a lot of speculation about the motives behind the leak, trey. the significance of what alito wrote in at least that draft opinion is, what? >> that it was -- i don't think it was ever going to be the majority opinion. i cannot see neil gorsuch signing that i cannot see amy coney barrett. no offense to justice alito, but he has a different writing style, and i just don't see him cobbling together five justices and if i'm wrong, which happens a lot, then the issue will be back before the supreme court, bret, because you know some states are going to ban all abortions, including rape, incest and the help of the mother and some states are going to say you can have abortions until the child's first birthday. it's going to come back to the supreme court unless they decide the issue of when life begins and they are not doing that. >> bret: that's exactly right. there is another case in front of the court now on all of this. panel, thank you very much. >> thanks, bret. ♪ ♪
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>> bret: all right. it's tuesday. that means it's time for "tuesday tweets." wg. fisks ask do you believe scotus decision is a strategy for democrats to run on for the midterms? well, we have been discussing a little bit of this and you heard the pollsters earlier. again, we are a long way away from november. we will see how the actual ruling comes down but, yes, it's motivating for the democratic base 100 percent. it could affect things. up next barbara wants to know what career advice would you give new graduates? i say it's like driving on a road. you don't know where the road is going. you have your headlights, can you make out the road eventually you see where you are going. just keep on driving. even though it's sometimes tough. keith tweets bret if you could play with one pga golfer who would it be and what's your handicap? no sugar coating. i get the happened cap a lot. i'm a 2.4 index. i'm a walking wallet. i just hand money over.
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i would like to play with tiger. i think that would be pretty cool. you never know. come back continues. tomorrow on "special report," we will have results from the primary elections in ohio and indiana. thanks for inviting us into your home tonight. that is it for if this "special report," fair, balanced and still unafraid. "jesse watters primetime" with guest host brian kilmeade starts right now. what do you think, tiger? >> brian: i would think bret and tiger is a dream matchup that america needs to see. i'm already getting a lot of tweets on truth social. both also want to see that, too. >> bret: okay. >> brian: new media outlet. bret have a great night i will take it from here. >> bret: we will see you. >> brian: all right. ♪ ♪ >> brian: all right. as bret told you, welcome to "jesse watters primetime." i am not jesse watters. jesse is on the mend and will get back soon. i will be brian kilmeade for at least the next hour. americans looking for answers after the bombshell leak draft