"gutfeld".com for to be have time? look at you. shannon bream is next. time greg gutfeld and i love you . >> bret: welcome to fox news that night. i'm shannon bream in washington. breaking tonight, hope week of whiplash for the five administration for sad news on many fronts. insert -- including a surge that he canno lift title 22 as planned. some parents wondering if they will be able to feed their children formula continues to

disappear from store shelves plus even among core groups of people who voted for him. were going to break down all th chaos. a bombshell revelation at the michael sussman trial. campaign manager testifying under oath that the democratic nationally personally approving giving allegations to journalists. plus franklin graham montour of the uk. on why he is being -- he said his message is really about the first pick another blow to the biden demonstration after a federal judge alters vital tort fortitude to stay in place for now. joining us now from our newsroo with the very latest on that. >> it has been in place for mor than two years it looks like fo now that title 42 will be aroun

even longer. the biden ministration plan to roll back the order on monday but a federal judge in louisian has decided otherwise. and the judge cited with 24 states and said the states proved would cause immediate an irreparable harm. judge roberts several hayes -- processing facilities that woul then lead to increased costs fo healthcare and schools. keeping title 42 employees is masking chaos at the border for the ruling is still welcome news . expect i think that everybody i breathing a sigh of relief because we know the title 42 is the only thing that is keeping that border in any kind of check . decks the senator of california called the judges decision a violation of a silo envelope pu put people in danger tweeting --

for border enforcement is sent -- it is unlawful, immoral, and inconsistent with our values fo thousands upon thousands of asylum-seekers who been waiting for a chance to hunt us don't know what they will do. some say they've been waiting all this time. we understand title 42 exists due to sanitary measures and that is why we are here today. we don't have that the seas. therefore it don't think it's i is fair to apply title 42 to us when we come thing for safety reasons. white house issued a statement saying that disagree with the court's ruling and the department of justice says it plans to appeal. >> thank you very much for the update. and while border agents are increasing their footprints along the busiest sectors but officials are finding themselve overwhelmed.

bill melugin has more from eagl pass. expect the state of texas continuing to shore up its own security along the border in eagle pass but even with the increase presence, this large group crossed illegally in eagl pass early this morning. 157 people in total. almost all of them single adult eagle pass as part of del rio sector, which continues to be overwhelmed with over a quarter million illegal crossings since october. border patrol reports over 1800 apprehension and just of a 24 hour span. and brackett fell, illegal immigrants bail out of a truck and flee into the brush after a brief pursuit with texas dps. two happen while fox news was embedded with texas troopers. troopers were heading in the back of the truck. they decided not to run for it. some of those runners were late caught. the men were being smuggled by this woman, us citizen from

florida. in the rate of the texas national guard and texas dps when border security drills wit their mexican counterparts across the river at peoples as presenting a show of force and dhs projects if title fortitude drops the southern border could see up to 18,000 illegal crossings every single day. the federal judge in this case actually use the governments projections against the government saying that now woul not be the time to drop title 42 . the question now becomes what i going to happen with those thousands of migrants who have gathered in borders that hears waiting to cross on may 23. at the going to go home or give it a shot try to close -- try to cross anyway. >> that is the question. another breaking story tonight. hillary clinton dean's 2016 campaign manager telling a cour under oath that then democratic nominee gave authorization to her campaign team to share with the media what turned out to be

allegations attempting to think that canada trumps business to russian bank despite clinton campaign officials not being totally confident the story was legitimate. we've been following this case since the beginning. expects good evening, shannon. attorneys on both sides look surprised when clinton campaign manager for the 2016 cycle casually told jurors today that his boss, hillary clinton, gave her blessing to tip off a reporter to the now defunct trump russian bank story even though the campaign was not 100 sold on the facts of that story appeared he told jurors i discussed it with hillary as well and i don't remember the substance of the conversation about the discussion with hey, we have this we want to share with the reporter and she agreed . and quote. michael sussman is charged with lying to the fbi when claiming he had evidence of the secret communications back channel between the trump organization

and a russian bank with ties to the kremlin. sussman claims he was deliverin the information on his own as a concerned set aside and not on behalf of the clinton campaign. special counsel john durham say his team has evidence that sussman later build the clinton campaign for that private fda meeting for the fbi found no evidence of a connection betwee the trump organization and a russian bank. he told jurors he would never authorized sussman to go to the fbi with that information. he said point-blank coming of the fbi quote, we did not trust them. and quote pick and it was up to the media essentially to let th story according to him. clinton tweeted a few days before the election, computer scientists have apparently uncovered a covert server thinking the trump organization to a russian based bank and the clinton aided now kirk white house national security adviser jake sullivan said in a

statement that same day that th secret hotline may be the key t unlocking the mystery of trump' ties to russia. before he testified, former fbi general counsel james baker finished his third day on the stand and the key prosecution witnesses at different things t different people on the record about if sussman was record separately a client when he cam forward and that may mean an uphill battle to special counse john durham's team. played in the afternoon it was revealed that sussman left with the cia in february of 2017 after the election to push the trump russian bank story. the trial will continue on monday. we know you will beyond it. we will bring into nights legal eagles tonight. former doj attorney at assistan attorney general to the bush of metal station. glad to have you back, gentlemen . >> -- big legal stories to unpack him

a federal judge tonight saying that they cannot let this as they apply in on monday and brice the plaintiff states many all the states have demonstrate that the termination order will affect their wants ice offered interest based on its impact on their healthcare system and their interest in the health an welfare of their citizens for you think it holds up because they are to know it is on appeal . it will be. >> back like there i standards but as the dhs's tried to terminate the program, so the wind is probably short-lived an that it is basically saying you have complied with the administrative procedures act and because of the select up that procedure that we have to slow down a check to see whethe there is harm to the state. you have --

you've rattled off that number about 18,000 immigrants a day that's rising from 11,000 befor title fortitude goes of mice almost were able to put togethe a pretty compelling case by the government not complying with the procedure act. the governments own estimates, which he took into question and to an accountable he was puttin it together and making that decision, could be triple what we are seeing right now the white house press secretary set this, the authority to set public health policies nationally should rest with the center for disease control and that with a single district court and we are all familiar with the three us having a conversation with the fact that the nationwide injunction would shutdown a policy or a law, whatever it is, for the entire country that were very popular during president trump and now the left does not like them. expects is the same thing as yo said, you might recall presiden

trump's early what was called the muslim travel ban, cases were bought in the northern district of california, san francisco and hawaii in seattle in those courts did exactly wha this has done here. i have to say that those rings do make sense what you're talking about a policy that extends beyond that part of the border and the rest of the border because otherwise what i going to happen, dhs is going t let some people in under repeal of title fortitude but in other parts of the border they're going to keep enforcing title fortitude. it doesn't make sense to have multiple policies apply to just the southern border. expects let's talk about our other big story, robbie was at some point i hillary clinton campaign manager she said that she knew about them giving over this information and trying to link the from organization to a russian bank which the fda foun there was nothing to it. she was okay and signed off of that going to the media. the editorial board put in this

simple headline. they say the clinton campaign created the allegation and fed it and failed to confirm the allocation anyway and then promoted the story as if it was legitimate news. what you make of this revelation ? >> welcome it is kind of like saying that the sun rises and tomorrow. it is not that big of news if you followed the story. what's amazing is we are seeing an lifetime during this trial essentially a firewall being se up where hillary's protectors are basically saying we admit the misdemeanor and we tried to peddle a false story to the media but this guy was completely on his own and doing a detour appeared if you represent clients in and are part of a law firm that represents a campaign come it i ludicrous to think that the person at the center of the campaign would have no idea tha you're going to have a meeting with the fbi with your old friend to peddle the story.

and the promotional aspect was they wanted to go to the fbi an get them to open up an investigation, which eventually mister struct data report back to the media it is just not ask it's a real story. look at the fbi appeared it is historical low to create a fals story and padula to law enforcement, whether they were open night or not about accepting it picks. >> if this gets tricky to say when you build the campaign for the time that you wed, and spen time talking with the fbi, they will have the sort that out. there's also this issue of jurors. at the jury pool in the dc area is going to be heavily democratic voters. you have people who are donors, one of the jurors has a child who is on the same team as sussman's daughter. really cute not to worry. it could only be worse if chelsea clinton herself was on this jury. well, we are going to get that

next spare but i think that you're going to have a problem in dc pdc juries are famous for being somewhat uncontrollable and you're always taking a gamble but when you go before a dc jury. a lot of the people in washington dc voted for hillary. is knowledge of going to get a jury that is 50 hillary and 50 trump. the other news is the trial has changed because of the testimony . hillary clinton has become a much more central figure in the trail and you may not be as concerned because people gave t clinton and might be connected and have relations with the campaign, but now that she seem to of pulled the trigger, she's the one that gave the order, that kind of link might be more of a cause for worry about bias by certain jurors that when the trial started. for some going to get in troubl could you think if she has already talked with durham that hillary clinton will be asked t sit with him, yes or no?

>> she is a target. i don't think -- i think that they will try to talk to her. she is a target. no lawyer is letting her talk t anybody. >> i think that durham has at the ask for her now. bill and hillary don't do well under oath. >> or they could do like the fb that question her in july of 2017 when she wasn't sworn in and it wasn't recorded. so we will see thank you both. have a good night. expects new supplies of baby formula could soon be back on store shelves in the hospitals within days pick the first operation fly formula flights have been ordered by defense secretary furman airbase in germany with 132 pallets upon brand of hypoallergenic formula that a lot of babies need. the military flight will touch down in indianapolis, indiana, and it is expected that commercial aircraft will be use for any future procurement spirit we will keep you updated.

expects president biden hitting a new record not seen the longest. back of time between sitdown interviews with the media picke it has been 100 consecutive day since his interview with last year holt airing on nbc before the super bowl and nothing on his upcoming agenda the invitation is always there appeared the president has held press conferences since that time. let's bring in the panel to discuss that and more. robert patilla and former nfl candidate and bequette. expects great to have you both with us tonight. expects part of the reasons he may not want to do an interview is this is the precedence approval. it is down to 39%. it might give him a chance defend himself. he's not going to do it. is going to try to hide because there's real problems facing ou country and the democrats have no answer.

you can't try to take tricky gu who is paid hundred $25 to fill up his truck and trick woman wh just had to pick and choose wha food she could buy at the grocery store the costs are too high and can't beat her hungry babies because there is no baby formula. and the democrats, the only message continues to be vote fo us and we are viewing to call you unnamed. that is just not going to cut i anymore pick the american peopl are sick of that. this new group of leaders on th right who are going to be bullied or intimidated by those tactics. these midterms are going to be about which partner can deliver results for the american people. >> it says only about two in te adults say the us is heading in the right direction or that the economy is good and just 33% within the president's party th party is headed in the right direction. so how do you make a pitch to independence, the republicans i you hope to pull any of those groups together for the midterm

in the fall when they had feelings about the economy like this. expects at think the american people understand that what president biden has been able t do the last 2.5 months is -- for the advancement of pollutan and ukraine. the historic -- [indiscernible] you have seen put mac -- put mac be at the table. and sitting up for interviews and calling him to talk radio shows every couple days, but president biden is trying to defend western civilization and he's right now got asian allies. and also get our supply issues back on board and we will be sitting down and talking to interviewers already. and i think we give a lot of credit to the ukrainian people

for the brightness and passion and the us is stepped-up with many other countries we hope that there will be a resounding i guess for those people i victory, what they would call hitting the russians out of the country peerless talk about gas prices. this is what we are looking up month ago and a year ago. has been some serious changes for consumers about where price are tonight. for .594 the national average. what can we do? >> as you can tell, the increasing gas and fuel prices, the invasion of ukraine. so it is a bit ubiquitous to blame all this on vladimir puti and both democrats and republicans, they came together to do what, to send $40 billion in foreign aid to ukraine when we can secure our own borders and feed hungry babies here in our own country. we got to focus on our domestic

policy agenda that is what the american people want right now protecting people across the state and they care about price at the pump is the highest in arkansas history. right now we've got fentanyl coming through our wide open southern border and terrorizing within our state. it is out-of-control. we've got to have leaders who understand the gravity of these problems. they just try to make excuses and blame the party who is not in full control of the government right now. >> of the washington post said that the shock of high gasoline because cause are ricocheting through the economy and we see little relief on the horizon. now for .59 per gallon average. that's 50% higher than this tim last year. j.p. morgan is warning it could be $6 a gallon by august. expects congress needs to step in. and put real incentive in place

we can change us into the economy. two understand the chain alread has a strategic goal and they will be switching to an all electric fleet. large automakers are committed to being completely green fleet within the next decade. and we have a cloak or sell program to trade in older gas guzzling cars and replaced with electric vehicles and you bring down demand. so we are willing to invest in the energy sources of the futur and also helping our environmen at the same time. >> there is a lot of gridlock here and i think we all agree o that. we wish our lawmakers well. robert and jake, thank you for your time. >> thanks, shannon. expects breaking tonight, a rar tornado ripped through the smal community of gaylord. one person is dead and 44 other injured the damage is extensive.

threes and power lines drought -- down homes and businesses torn apart. they're asking people to avoid the area and imposed a curfew until 8:00 in the morning. check out this harrowing scene, mother's worst nightmare appeared how heroes showed up and briefly saved the day. what the heck are these, reptiles, rodents? people tell you one today's bes viral videos. that is next. o severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine. pres, a rare, potentially fatal brain condition, may be possible.

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up florida home went up in flames while our family was asleep inside. most got out -- most got out inside. a mother was screaming her nine -year-old was still inside. deputies smashed in a window an called for the boy appeared the

could hear him but they could see him. they followed his voices appeared they were able to reac inside and they dragged him out to safety. cuba still breathing and taken to the hospital where he is recovering. >> i yelled at the guy when he wrote five. he was sitting in the buggy and i hit the side of the buggy and hollered at the guy. keep us passed clean outfit. >> an ohio deputy trying to pul over a buggy and he was unresponsive. his horse was trotting down the wrong side of the road and bumped into the cruiser. the men was charged with operating a vehicle while impaired. i guess that counts even if you don't have motor on your vehicle . clouds swirling and asleep during a storm in missouri yesterday. that is some incredible video.

this gifted was discovered by florida officials back in march after getting lost. so this is the third attempt to try to reunite the kitten with its mother and it got all on camera. officials marked a trail to the kitten sent. it appears they are still doing well are broke but developed in england to taste food. it dissed scrambled eggs here. and has a taste map to help the robot and researchers to understand how the sense of taste works. these curious creatures are rare . they are scaled of mammals. their critically endangered species from china. it's getting used to the new home. if you've got viral video, to share with us, hit us up at

shannon bream or fox news at night. expects new york's redistrictin drama is hitting high-profile democrats against one another i elections and in a war of words. a well-known controversial figure in the state decided he wants his name back on the ballot. chad pergram shows us where the stand appeared. >> build the blahs yet anxious to become one of -- i'm ready to serve. he left city hall for sagging approval ratings and ironically if elected he would represent wall street. he's entering democratic casper to court order newly drawn congressional districts. the maps freak ring and hitting democrats against one another, diluting the majority of votes. that puts for black members of congress and the same district. it would make jim crow blush appeared. >> sean patrick maloney is in

charge of -- but to get reelected he could face a four way fight with blac caucus member jones. richie torres called the decision to run called thinly veiled racism. this entire story is dripping with racism. at all think that the democrats could afford to anchor the blac voter. >> we will try to pour through that as colleagues and friends. aoc things that they should ste down from -- and nancy pelosi should intervene. expects and this does not affec the party yet large. >> it doesn't. at the sub. we have a great chairman. >> other demarest facing each other, committee chair jerry nadler and carolyn maloney. democrats hope the big apple would help the party and in the

midterms. so far it hasn't. >> thank you very much. san francisco archbishop's part house speaker nancy pelosi from getting communion over her support for abortion pretty sai that she cannot receive the sacrament unless she publicly repudiates her efficacy of the practice. adding that she's manifesting a grave send, which is causing harm to others. he's asking priest not to offer others not to offer communication -- communion to the california democrat. coming up, npr report of the collie and employee to stench o their colic over a hot line and the latest west coast stories you almost won't believe. hosea side decks for the lightning round next.

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assigned that corporate woke notice, the ceo of warner bros. has been -- with harry potter jk rolling pi this following her being sidelined from a reunion specia due to her feminist defense of women born by electrically female and conversations regarding trans issues. also netflix has animated projects think antiracism baby which would have been targeted toward a preschool audience but the decision to drop the projec was not cost related. netflix recently laid off 150 employees followed a poor first-quarter earnings report berkeley county public schools announcing front of that mandatory indoor masking will return on monday. it continues to the end of the school year. in the letter superintendent prints defense adding that they will require asking at all school events including inter-

graduations, even when it takes place off campus. and family according to a leake memo from npr, employees are being encouraged to tattle on each other. npr, which still mandates wearing masks also reminded their workers that they can be fired over failure to comply integrates lightning round, jason rantz, the memo has been leaked and circulated and a major tip line for others who don't 100% comply with the mask mandate in the workplace. what you think about that? >> normally stitches -- snitches get stitches. at npr they get that till and i month you won't actually use bu i love the inviting at npr because it's government-funded radio. i think an actual radio radio until rely on people listening

-- go ahead and each other up over there. this is so ludicrous at this point that we are not asking folks to snitch on coworkers because they are not wearing a mask but you are wearing a mask and you are actually vaccinated probably two times boosted. i don't know exactly what else they want pit if we keep going down this path, let's be honest this is never going to end. we are going to have to figure out how to live with that without actually turning on eac other. expects a hotline as they are. this story you told me about i cannot believe this pick this happen to a coworker of yours. the headline is manually murdered in brandon seattle drive by while celebrating job promotion. what the heck. a friend of mine without playin golf and he got done and look down at his phone and realized that his mother had called and he had noticeably gets into his parked car and he calls her bac with the great news that he had just been promoted fun all of a sudden he started to hear

banging at his car and he immediately ducked down and realize that it was a random ma shooting at his car. he didn't really notice the sky outside of making eye contact one time but he suspects that maybe this guy because this parking lot has seen an lot of criminal acts like break-ins at the cars, that may be he spooke him and decided to start just randomly shooting at him. my coworkers lucky to be alive. there are no suspects pick it took ten minutes for cops to ge there after 911 was called because of the staffing situation. and this madman is still on the loose. is just terrifying how random i was i'm glad to see it's okay and that he got a promotion but you talk about the staffing situation in seattle. i want to cite some of this by the seattle times editorial board. in the first quarter of this year they'd hope to hire 40 new officers and instead it brought

out 13 another same time they expected 24 hours and three tendered their resignation pit what's the real world impact of what's going on with the staffing. when you call 911 because somebody is shooting a gun in your car and it takes ten minutes to get to you. it's the fact that we can do proactive policing in the city. when most times the different precincts within the city are baking officers to take on extr hours, taking people off of their detective work and other specialty units that they can respond to 911 calls. at this has not gotten any better. it is gotten worse over the course of the last two years an we are down over 400 police officers and millie have about 850 or so deployable officers i the department that their own goal, they lowered the cola but their goal is 1400. so we are very much in trouble and we are seeing a rising crim

all the time. expects so a very strange story you covered, a seattle judge slapped in the face. you say the idea unidentified suspect slapped a superior judge , michael scott, in the face at the courthouse. around 9:30 am but the judge di not want to be identified as a victim. he never called nine women to report the crime and instead king county security flight the incident for the seattle police department. what is the story about? >> it is unclear why he chose not to call the police pick i find that to be suspicious. for whatever the reason as it i important to understand that we don't call 911 on a person who just insulted you pitiful know that the suspect allegedly randomly punch someone else right before slapping the judge. when you don't call 911 and reported, the police don't have a victim. they are not able to do an

investigation or make an arrest which means that criminal, the person who is clearly a threat to the public continues to walk the streets of seattle. now, thankfully he actually cooperates with police of the ended up doing their investigation and made an arres for we will see whether or not this person gets charged. we expect a felony. this is someone who is well-known to the police so he has caused some problems that h might be dealing with a mental illness but that is defined mor of a reason for a judge who should know better to actually call 911 to get this person hel and/or put them in jail if they are not getting the help. >> i can hardly believe that have blades that you turn out every week but apparently they give you a lot of material in the pacific northwest. jason rantz, thank you. coming up, live report on the ground in ukraine, plus why is franklin graham, theft founder of americans -- being called a hate preacher.

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vladimir putin claiming victory in mariupol in ukraine. it is a relentless attack since the war began.

rush is also facing significant losses in other parts of the country. hello, mike. >> hi, shanna. we talked a lot about the steal planted mariupol and the surrender of the steal plant pi after long last, the evacuation and surrender of the steal plan and consequently the city of variable is now complete for th last of the remaining fighters were given the order to evacuat and save their lives. with that some civilian and medical personnel that were in the steal plant have evacuated as well put the russian defense ministry says an additional 530 people came out of the plant that ap president zelenskyy als ends a question of how people i the planted but getting food an water during this time. the supplies have been airdropped but at great peril. the air force was flying supplies into mariupol but took great losses and according to the ukrainian president, they are heroes. in his address, he said frozen

russian assets need to be put t work in the funds could be used to compensate the victims of th russian invasion. >> it would be definitely fair and rational full-field the tru weight of every muscle, every bomb, every project that it has fired at us. >> mariupol is also the locatio of that drama theater which was used as a bomb shelter and marked with the russian port fo kids indicating that there were children inside. two hundreds of civilians seeking shelter in that theater the theater took a direct hit o march 16 now that rush is in control of mariupol and the theater, the debris has been cleared away. it was for the thousands were killed by the airstrike but now the debris gone and the total o civilian casualties will never be known. mariupol is a town that russia has struggled to control all th way back to the 2014 invasion o crimea. taking mariupol nuggets russia access to a key port and it

gives them access to better control of that land bridge connecting crimea to the rest o her ukraine. >> we appreciate your work and your team with you. thank you so much. evangelist franklin graham has been helping ukrainian refugees get access to food and critical relief supplies. he's also preaching in the uk worries that he met with opposition and been labeled a hate preacher. laura greene tells us and graha said he has message is really about love. >> the reverend franklin graham name has become synonymous with compassion and it's now part of a commitment to his faith. applause and smiles as refugees landed in canada say from their war-ravaged country, children, mothers, grandmothers were flow to safety from poland.

by the organization founded by graham. the cargo plane makes regular trips to ukraine to deliver supplies. expects people came to us festively can help because our plane goes back empty and we have about 35 seats or so on th plane so they asked if we could take them to toronto and drop them off picked it's not quite as easy as you would think. i said we would be glad to do it . >> americans first is about 130 people on the ground in the war-torn region, distributing supplies, food, blankets, and medical team spirit standing at the help like they did two year ago with the push to an organization set up an emergenc field hospital in the middle of manhattan subtotal park. reigniting controversy with the conservative preachers biblical youth on marriage and gender. expect it is so good to be with you here in liverpool.

>> that same controversy has followed them to england for is now on the rescheduled god love you tour appeared two years ago several cancel the contract after media reports called him hate preacher which he says is not true. >> i don't pull out any particular groups. i don't call out other religion i just tell people how they can have a relationship with god an have faith in his son, jesus christ. his team will be in ukraine and poland a couple years and maybe longer. americans versus planning to fl more in the coming weeks. >> thank you so much. and good news before we say goo night. field these folks a debt of gratitude. wounded first marine sergeant was gifted a new mortgage free help in arizona. the organization is called building homes for heroes. he suffered a dramatic brain

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