speeches. detailing her service and endless applause for great service. >> judge jeanine: she is 97? she looks great. >> harold: 94. >> harold: retired after 57 years. they got 94 here. >> jesse: figure it out after the show how old she is. that's it for us. "special report" is up next with the bret baier. >> bret: jesse great booking with paul pelosi. [laughter] >> bret: good evening, welcome to washington. i'm bret baier. breaking tonight, a major ruling from the u.s. supreme court for gun rights advocates, clearing the way to possibly make it easier for americans to carry guns in public across the board. justices have struck down new york state's restrictions for obtaining concealed wednesday permits. it's a decision that could have national implications. it's up to the states, obviously. it comes amid a flurry of rulings over the coming days. and that includes the challenge to the roe v. wade abortion decision.

that, we are still waiting on. fox news chief legal correspondent anchor of fox news at night shannon bream starts us off tonight with a big ruling. good evening, shannon. >> shannon: good evening, bret. after years of turning away numerous cases challenging gun laws across the country, the supreme court has weighed in a big way on the second amendment, broadening the ability of law-abiding citizens to carry legally owned firearms outside of their homes. >> i'm disappointed. >> the president may be, but gun rights advocates say they are feeling vindicated. >> we are not the problem. >> they are celebrating today's 6 to 3 supreme court opinion finding new york's restrictive framework for conceal carry permits unconstitutional. the challenge to the law arose because it requires applicants for a conceal carry permit to show a specialized need for self-protection. writing for the majority justice clarence thomas says the second amendment is not a second class right. adding: new york's proper clause requirement violates the 1st amendment in that it

prevents law-abiding citizen with ordinary self-defense needs from exercising their right to keep and bear arms. tom king is president of the plaintiff group that brought the case. >> the lawful and legal gun owner of new york state is no longer going to be persecuted by laws that have nothing to do with the safety of the people. >> the dissenters led by retiring justice stephen breyer began by noting the statistics about gun violence in the u.s. and citing the recent tragedies in uvalde and buffalo. breyer writing, quote: many states have tried to address some of the dangers of gun violence by passing laws who limit who may purchase carry or use firearms of different kinds. the court today severely burdens states' efforts to do so. the decision today send the case back to the lower courts and in the meantime new york city's police commissioner has this warning. >> nothing changes. if you have a premise permit, it

does not automatically convert to a carry permit. >> new york state officials say they will work on legislation to quickly amend their current permitting framework. the ruling is also likely to impact several other states with similar measures on the books. an estimate from the duke university center for firearms law says they cover about 25% of the u.s. population. >> and we will get opinions again tomorrow morning, 10:00 a.m. eastern. we are still awaiting rulings on immigration that dispute between a high school football coach and his school district over his decision to pray on the field after games and, of course, the ruling that could overturn roe v. wade and, bret, send that issue of abortion back to the states. >> bret: friday, we think, shannon? friday, maybe? >> shannon: maybe. we have nine left. so we will see. >> bret: okay. shannon, thank you. see you don't. the senate has pushed a bipartisan gun violence bill to the bridge of passage as it voted to halt a republican filibuster. 15 republicans voted that way.

the measure would toughen background checks for the youngest gun buyers, keep firearms from more domestic violence offenders help states put in place red flag laws that make it easier to take weapons away from people considered dangerous this would fund local programs for school safety, mental health and violence prevention. some republicans are pushing for amendments to the bill. one focusing on mental health and school safety. another to prohibit any money for school safety from going toward abortion counseling. final vote could come tonight or tomorrow. we'll keep you posted. the capitol riot committee heard testimony today about then president trump's effort to place an individual in a position to help his effort to challenge and overturn the 2020 election results and to make the department of justice weigh in, to call that election corrupt. congressional correspondent chad pergram is on capitol hill tonight with the latest. good evening, chad. >> good evening, brett.

warnings of mass resignations, conspiracy theories about italian spy satellites calls for pardons and an effort by trump allies to install an acting attorney general to help the president steal the election. the committee laid out the case that trump loyalists believed that jeffrey clark should become acting attorney general. that's because he was more favorable to allegations of voter fraud. >> the president wanted the department to sow doubt in the legitimacy of the election, to empower his followers and members of congress to take action. if the department could just lend its credibility to the conspiracies, people would have the justification they needed to spread the big lie. >> g.o.p. pennsylvania representative scott perry texted white house chief of staff mark meadows in an effort to elevate clark to pursue election theories. in fact, after a meeting on january 3rd, top doj officials nearly quit en masse in protest

over clarke. that led to frank conversations with the president. >> i'm telling you what's going to happen. you are going to lose your entire department leadership. every single aide will walk out on you. your entire department of leadership will walk out within hours. within 24, 48, 72 hours, you could have hundreds and hundreds of resignation of the leadership of your entire justice department because of your actions what's that going to say about you. >> the fbi just raided clark's home in virginia yesterday. the committee also played video from former white house aides saying that representative mo brooks, all asked for pardons. jordan and marjorie taylor green. the committee painted a picture that team trump was so desperate to keep the president in power that it relied on internet conspiracy theories that included allegations that a man at the u.s. embassy in rome used italian satellites to switch votes.

>> i emailed the acting attorney general and i said pure insanity, which was my impression of video which was pats tently absurd. >> no more hearings until mid july. bret? >> bret: chad, what too we know about committee member liz cheney. she faces a he ignoring their es while advocating his much criticized green agenda, at least right now.

white house correspondent peter doocy has that story tonight live from the north lawn. good evening, peter. >> peter: good evening, bret. we saw today the president's solution to solving this energy crisis is to let oil executives go and have a meeting at the energy department with the energy secretary. but, to let clean energy producers come here to the white house to personally get their input. >> you know, alternative energy makes sense. >> that's what the president said as he met with offshore wind partners. >> look, the president, it was a stop by. this is something that he does he have often. >> a mile away, he let the energy secretary sit with oil ceos who still want to see him. two dozen energy producers write the president, quote: we would be honor to have had show you how our industry is involved in every step of the energy process from fuel pumps, to critical product, delivery infrastructure, to production zones across our vast nation. for now, the centerpiece of the president's gas price plan is a proposed gas tax holiday.

>> we see it as a simple, fast way to give american families the american public a little relief for 90 days. >> but the reception on the hill is mixed. >> this is not going to solve the problem, which is joe biden appeasing the radical left, trying to move away from our natural resources, which, by the way, are cleaner than anywhere else in the world. >> the president is hoping automakers can help. >> let's lower the price of electric vehicles. so we never have to pay at the pump in the first place. >> but that is a ways away. >> a lot of people can't afford a $60,000 electric democratic car and they also are having a hard time affording gas right now. that sounds like a painful transition so how much of that kind of pain is the president okay with? >> no. that transition -- we are in transition to clean energy. that is something that is important. it is going to create jobs. >> officials here say the president -- the president is doing everything he can to bring down gas prices.

but, as a candidate, he said no more drilling on federal lands. no more offshore drilling, no new drilling, and so it's more like he is doing everything he thinks he can without betraying progressives. bret? >> bret: more on this with the panel in just a bit. peter, thank you. stocks were up today. the dow gained 194. the s&p 500 finished ahead 36. the nasdaq rose 179. speaking of our panel let's bring them in early. mollie hemmingway editor and chief of the federalist. syndicated radio host hugh hewitt and leslie marshall democratic strategist. i want to start with the supreme court ruling. hugh, significant. this gun ruling today. the impact nationwide? >> well, there are six other states, bret, that have the same sort of regime about issuing permits that new york state does, a regime that was struck down as unconstitutional under the plain language of the second amendment today. justice alito, he wrote a concurring opinion. six judges, six justices agreed

and justice thomas wrote the majority opinion. but justice alito said look, what we are deciding today is very simply put, americans have the right to go out of their house and carry their weapon in self-defense. they don't have to beg a bureaucrat to get that permit and 43 states already agree with that the seven states who have ask may give you the permit regimes, their laws are unconstitutional. no one should be surprised by this. it's been 10 years come and been made explicit but it's not a surprise. >> president biden's statement on they said more than a century later the united states supreme court has chosen to strike down new york's long established authority to protect citizens. this ruling contradicts both common sense and the constitution and should be deeply trouble -- should deeply trouble us all. leslie. it seems like he is advocating for a major pushback from states it's going to be very interesting when we have the abortion ruling come down. >> this court can't say and i

guess they can technically the state's responsibility to make these decisions when you have basically this ruling today saying that it isn't. and then we also have to look to the constitution. much like the bible, you can't just take a verse or a paragraph it takes it out of context. when you look at article 1, section 8. clauses 15 and 16. it specifically gives congress, that is the federal government, the right to regulate, the right to arm. the right to discipline that militia which would be everybody in or outside of their home carrying a weapon. and then, lastly, although this doesn't apply to new york, it does apply to half of the states in the united states that have these conceal and carry permits because you don't need a background check. you don't need any kind of training. you don't need any kind of clearance. and then there are people like me and my kids who say well, what about our rights that we feel are being infringed upon when we don't know that all of these people concealing and carrying are responsible gun owners? >> bret: mollie, national review writes it this way the coming contradiction on judicial

activism. many progressives seem incapable of recognizing that the way gun control advocates feel about today's decision and the heller decision is exactly the way pro-lifers feel about roe v. wade. it's not merely that they oppose the decision, it's that they believe the supreme court stepped into a role it was never meant to have overruling the duly elected legislature based upon a hotly contested interpretation of the constitution. that's what it comes down to are these two different cases. we don't have the roe v. wade decision yet. >> well, the fundamental difference is that the second amendment protects the right to keep and bear arms. whereas abortion was an invented right that was invented in 1973 and has no basis in the constitution. and so what this ruling said today is that the second amendment -- that gun rights cannot be treated as second class rights by our government. but it also speaks to a larger issue going on with the court. we have for decades had a court that viewed itself as a legislative body. if they wanted abortion to be legal, they voted it in against the will of the people.

and this court that we have a strong majority on, thanks to three trump appointees, is one that says it's not really mattering what our personal views are. what matters is what the constitution says and what is legal and constitutional. and so you are seeing that reflected in all sorts of decisions going forward. >> bret: also today the january 6th committee this dealt with former entrepreneurship, president at the time, trying to pressure doj officials to say that the election in 2020 was corrupt. here is richard donahue about that. >> the december 27th conversation was in my mind about the early conversation. the president became more urgent and adamant that we weren't doing our job. i felt in that conversation it was incumbent on me to make it clear to the president what our investigations had revealed and that we had concluded, base on actual investigations, actual witness interviews, actual

reviews of documents, that these allegations simply had no merit. >> bret: hugh, what do you make of this hearing today and overall how these have kind of come out methodically. >> something i learned something new and that's unusual. i learned that the assistant attorney general for the office steve engel who i have only met once and had a long conversation with once highly esteemed in washington, d.c. and served in that job for four years for president trump. when asked by president trump what he would do if he fired the acting attorney general and replaced him with a trump loyalist further down said i will quit. and the president backed off. that's news. that's the first time i have learned something from these hearings. and so the reason the public is fundamentally disinterested in what is going on in the nancy pelosi 1/6 committee is there is precious little news in these hearings. when there is some i notice it and i notice that the president got pushed back from one of his most trusted aides and we ought

to know that. >> bret: laying out of the narrative, leslie, tells us that some people didn't follow all the way along. i do want to mention this, "new york times" writes it this way. federal search home of trump official. descended on jeffrey clark former justice department official on wednesday in connection with with the department's inquiry in trying to overturn the 2020 election. it remained unclear what the investigators may have been looking for. clark came up during the hearing today, it's interesting. it's 536 days after the discussion about possibly putting him in as the acting attorney general to change the could i am in mics of doj. it seems like a long time. >> if you read the people on my twitter feerksd bret, they have been asking for this for over 500 days now. my side the lefties and the democrats certainly would agree with you on that i would disagree with something that my friend hugh just said. polls show 60%, 6 in 10 americans are watching this,

over 60% of americans feel this was planned and this is the reason it needs to be out there. not for politics or votes in the midterms but for the american people, regardless of their party, to know exactly how close things came and what was done to try and dismiss the vote and will and free and fair election of the people the united states of america and that is not only education it's dangerous. >> bret: mollie, last word. >> one of the problems with having a show trial which is what this is you only get one side. i wrote a book on the 2020 election. i interviewed people on both sides of this dispute. and i actually respect people on both sides of this dispute. what you had at the department of justice was driven ideas about how to pursue what was a very problematic election. most people thought -- there wasn't enough there to go with. but some people really did think there was enough to go there and that's what jeffrey clark was doing. and president trump does have the right to decide who will be in charge of the department of justice. nothing illegal with that

either. i'm much more concerned by the department of justice raiding this man's house in a predawn raid, in conjunction with the show trial where we have had no minority rights, no republican appointed members. no chance to have a balance of conversation, and there really have a balance, and i know because i wrote the book on it. >> bret: all right. panel, thank you. we will talk to you later in the show. up next, increasing concerns about iran's nuclear weapons program and later, our series on the poisoning of america takes a look at how deadly drugs flow across the u.s. border. ♪ ♪ [ growling ] [ screaming ] [ growling ] shh. nice and quiet. hey! look! it's your mom!

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>> bret: fox news is confirming the the biden administration plans to play diplomats and intelligence community officials suffering from that mysterious disorder known as havana syndrome. unclear if they will get 100,000 or 200,000 each in compensation. the top tier payments will go to victims who have lost their jobs or otherwise cannot continue working as they had prior to that ailment. the u.s. is sending another $450 million in military aid to ukraine. the package will include additional medium range rocket systems. four of those systems have already been delivered. ammunition and other supplies

are also included. today's announcement comes a week after the u.s. committed a billion dollars in military help to ukraine. nike is shutting down operations in russia. it joins other international companies that have withdrawn from the country after its invasion of ukraine. nike suspended operations three months ago at all of its company owned and operated stores in russia remark's foreperson minister met with counterpart nuclear deal with the west appear to be concludes. president biden will visit israel and saudi arabia two of iran's biggest rivals next month in his first middle east trip as commander-in-chief. all this comes amid new warnings iran may be closer than ever to developing a nuclear weapon. national security correspondent jennifer griffin has the latest tonight from the pentagon. >> in tie run a, walking side by side russia's foreign minister who helped negotiate the 2015

iran nuclear deal looked on as his iranian counterpart blamed the u.s. and nato for the ukraine crisis. >> we believe that american actions done through nato are part of the crises causes. >> sergey lavrov is on a two-day visit to discuss stalled nuclear talks. >> the failure could be catastrophic. it could lead to a complete end of the talks. i think it's probably 30/70 or 20/80 with the odds against success. >> former president trump pulled outs of the iran deal and the biden administration is trying to renegotiate. russia says it supports a new deal but the year old talks have been stalled since march. iran's two main demands all sanctions lifted and the irgc iran's revolutionary guard corps be removed from the list of designated terrorist. the u.s. chief negotiator issued a warning last month. >> iran has been accumulated sufficient enriched uranium and made sufficient technological advances. break out time is a matter of weeks which means iran could

potentially produce enough fuel for a bomb before we can know it let alone stop it. >> under the imperfect 2015 deal known as the jcpoa it would have been taken a year to have enough fissile material for a bomb. as talks stalled new reports suggest iran is building a secret tunnel complex near atans. >> today a court in iran ordered the u.s. government to pay more than $4 billion to the families of iranian nuclear scientists who have been killed in mysterious targeted attacks in recent years. that iranian leaders have previously blamed on israel. bret? >> bret: jennifer griffin at the pentagon. jennifer, thank you. up next, another infant death linked to the baby formula crisis. the latest on that and where the supply stands tonight. first, beyond our borders tonight villagers rush to dig by hand rubble in the homes for the search for survivors after yesterday's powerful earthquake in eastern afghanistan. state media there reports 1,000

people are dead, although that number could rise. there's concern that survivors are running out of food in an area where millions already deal with hunger and poverty. and the european union agrees to make ukraine a candidate for membership. this sets in motion year's long process that could pull the embattled country away from russia's influence and bind it more closely to the west. ukraine applied for eu membership less than week after moscow invaded on february 24th. just some of the other stories beyond our borders tonight. we'll be right back. ♪ ♪

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complex. one of the largest building failures in u.s. history. comes one day before the anniversary of the disaster in the miami suburb of surfside. the judge praised the dozens of lawyers involved for averting what could have been years of litigation with no sure outcome. as the biden administration struggles to address the ongoing baby formula shortage, the government has a new and deadly mystery on its hands. fox business correspondent lydia hu has details from new york tonight. good evening, lydia. >> good evening, bret. the fda is now investigating another infant death, possibly tied to abbott's baby formula. the death occurred in january, but the fda was only notified earlier this month. abbott says limited information is available about the death and right now they say no conclusions can be drawn. a previously the fda could not establish a definitive link between abbott and four other cases of bacterial infection in babies. two of those cases involve

deaths. the plant remains closed after severe weather last week. after reopening less than two weeks. parents around the country continue to rely on facebook groups to find formula. one mom telling us she had to drive 80 miles this weekends to find formula supply. >> the fact that i had to start this group to try to help so many people and we couldn't just go to our local store and find it is sad. it's so sad. >> you are always so worried where am i going to get my baby's formula next. you know? >> now, the national out-of-stock rate hovers at 23.5%. even as nine operation fly missions have been completed. the white house has says it has secured enough commitment for enough formula make 130 million bottles. really that's a drop in the bucket. analysts with iri tell the "wall street journal" consumers purchase number powder formula to make 50 million bottles in a single week. >> we have such a shortage shah

the amount that something imported is impractical. you can't do it. so the real problem here is having gotten the supply down so low in the first place. >> now, the administration announced just yesterday 16 million bottles of gerber formula from a nestle plant in mexico will be driven by truck to fort worth, texas tomorrow it remains unclear what agency or company is handling that transportation. bret? >> bret: lydia, thank you. ♪ >> bret: breaking tonight, federal health officials are ordering juul to pull its electronic cigarettes from the u.s. market. the action is part of a sweeping effort by the fda to bring scientific scrutiny to the multi billion dollars vaping industry after years of regulatory delays. the products are widely blamed for sparking a national surge in

teen vaping. supporters say they can help smokers cut back on regular cigarettes. juul labs released a statement today saying they believe they provided the fda with sufficient data addressing all issues raised by the agency and they are exploring appealing this decision. ♪ >> tonight our series on the poisoning of america continues with the a look at how deadly drugs get into this country from the southern border senior correspondent casey stegall shows us from la joya, texas. >> you are looking at nearly 55 pounds of fentanyl hidden inside a truck's gas tank confiscated by federal agents this month at the california, mexico border. by d.e.a. standards at least 12 million lethal doses. border officials, however, say this one bust is only a fraction of what they are seeing.

>> seizure rates decline especially when it comes to fentanyl, methamphetamine. we saw drastic increase. >> cpd numbers show nearly 8,00s already been seized since october. experts fear with four months of the fiscal year remaining, 2022 will easily surpass last year's figure of more than 11,000 pounds. and officials say this is not just a border state issue. >> these narcotics are not destined for el paso. they are destined for larger metropolitan areas in the united states. they go to where the demand is the highest. >> agents say the cartels often use diversionary tactics to help get their drugs across the southern border. for instance, they will send a large group of migrants to one spot and while law enforcement resources are tied up, drugs are smuggled in through a different quiet location. >> the amount of drugs coming across this broken border are a public health crisis in this country. >> one kilogram of fentanyl can kill a half million people according to the d.e.a., which

means a single pound could contain well over a million fatal doses. >> there's enough fentanyl coming across the border to kill virtually everybody in america. >> president biden has instructed all federal agencies to prioritize ways of eliminating a drug trafficker's profits, saying that that is a big step in stopping the supply of illicit substances flowing into the homeland. bret? >> bret: casey stegall along the border. casey, thank you. the biden administration is proposing a dramatic overhaul of campus sexual assault rules. it comes on a landmark day for women's sports. many college athletes feel their rights are under assault as administrators try to cater to transgender athletes. here is chief washington correspondent mike emanuel. >> on the 50th anniversary of title ix, the biden

administration is trying to extend the loss protections to include sexual orientation and gender identity. >> every person, and i mean every person deserves a chance to realize their full potential. and that's what america is all about. possibilities, endless possibilities. >> on the other side, athletes, coaches and parents rallied in washington today arguing women's sports must be saved. >> it's only the beginning of the a slippery slope. only a matter of time one transgender athlete winning a national title women's sport turns into three and so on. >> keith ellison is a track athlete she says she was the fastest high school girl in connecticut until transgender athletes were allowed to compete. >> when i raved against a male bodied athlete i know i have no shot to win and all of my hard work is pretty much pointless because they have an advantage that i can't overcome. >> her attorney says they are suing to level the playing field

once again. ask but not all female athletes agree. tennis trailblazer billy jean king said she is proud to support all transgender athletes who want the access and opportunity to compete in the sport they love. megan rapinoe from the u.s. women's soccer team told "time" magazine she is backing transgender athletes staying lives are at stake. quote, i'm sorry your kid's high school volleyball team just isn't that important. it's not more important than any one kid's life. a former big time college football coach now serving in the senate says ignoring biological differences has had an impact. >> in the last four years, biological males in women's sports have won 22 championships. >> some retired female athletes say their generation should take up this fight because they fear current athletes who do could lose sponsorships and opportunities if they're labeled as transphobic.

bret? >> bret: mike, thank you. up next we look at how soaring inflation could be affecting one of democrats' key issues in the midterm elections. the memories they create. or the spin they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, you can achieve clearer skin. don't use if you're allergic to otezla. otezla can cause serious allergic reactions. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight 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. (vo) with armor all, a little bit of this...

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>> bret: as we continue to focus on the upcoming midterm

elections, inflation is taking a huge by the of what was thought to be a huge plus for democrats trillion dollars bipartisan infrastructure law. congressional correspondent aishah hasnie has some examples tonight. >> the summer construction season is heating up, but some big projects are on ice. the problem? inflation. construction materials like water pipes, are asphalt and steel are getting more expensive. in indiana, transportation officials tell foxconn destruction costs are running 14% higher than expected. in wyoming, it's worse. the lowest bid on a construction project for a new intersection and bridge in casper came in 55% over the state's estimate. officials have to delay the project. all of that is devaluing the trillion dollars infrastructure package congress passed last year. a victory democrats were planning to highlight ahead of the november election.

politico reports democratic senator ben carbon said congress may need to appropriate more money to make up for the loss. but senate republicans say no way. >> you see that happening? >> i don't see that happening at all. the last thing we need is more government spending. it's what got us into this problem in the first place. >> all of this comes as president biden calls on lawmakers to pass a backs tax holiday. but that revenue loss would further cut into infrastructure funding. and senate democrats are hesitant to let the president plow over their prized midterm issue. >> i'm not convinced somebody who spent literally years on building a bipartisan support for the infrastructure bill. that you know, taking away one of the major revenue supports for that kind of legislation. >> and, bret, for projects that cannot be delayed, consumers are having to pick up the tab, for example, a.p. reporting down in little rock, arkansas, they are going to have to pay a 17%

higher surcharge which totals to $146 a month. that's a lot of money for new water lines down there. this is not good as lawmakers head back home as early as next week to face their constituents. bret? >> bret: aishah hasnie on capitol hill. thank you. up next the panel it returns to discuss the deadly drugs coming across the southern border. new restrictions on ecigarettes. here is what some of our fox affiliates are covering tonight. fox 5 in las vegas as amazon moves toward a feature for alexa that could replicate the voice of family members even dead ones. it was unveiled at a conference in vegas. require less than a minute of the person's voice to develop a program. okay, that's creepy. this is a live look at the everglades wet land research park in florida. one of the big stories there tonight, a team of biologists bags the heaviest burmese python

ever captured in florida 18-foot female python 215 pounds. she had 122 developing eggs also creepy. the invasion python, invasive pythons known for rapid reproduction. completion of surrounding native wildlife. that is tonight's live look. the creepy look outlines the beltway from "special report." we'll be right back. ♪ ♪ this summer, dinosaurs are in our world. pet dinosaur? i'll take care of you. ♪ ♪ [ growling ] [ screaming ] [ growling ] shh. nice and quiet. hey! look! it's your mom! hot dog? [ growling ]

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we had over 2 million people cross the border. this is a man maids problem. this is the direct result of political decisions. the worst thing a commander-in-chief can do is let the troops in the field down. president biden has let the border patrol down. he has given them a job that nobody can do. >> the communities along these borders are losing control of their lives. mr. president, you have to go to the border. >> bret: border issues. fentanyl coming across about the size of texas the. may 239,416 encounters in may. 100,000 expelled via title 42.

14699 unaccompanied minors at the border in may where are thee on this issue? we are back with our panel,s mollie hemingway, hugh hewitt, and leslie marshall. mollie, it's not going away it's only increasing and the administration is really not talking about it at all. >> they are not talking about it but some of those previous speakers were right. president biden when he was running for election said that he thought the previous administration's border policy was cruel. he did say that he wanted people to cross the border and they are in record numbers. but it really is cruel to have such a policy. we have a human rights catastrophe. the cartels are managing the process. they are not good people to be dealing with. we have fentanyl crossing the border, which is industrying so many people's lives. and it is also a national security threat. you know, some of the suspected tastes are caught crossing but not all. and it is a complete disaster. it is notable how calm people seem to be about it relative to the concern they had. again, just a few years ago.

>> bret: leslie, do you think this is a big political issue for your party? >> absolutely. it's top -- it's second or third, depending on who you ask and in what state, official border state. so portions of states like mine, people in san diego, versus people in sacramento as an example. you know, here's the problem and i said it a million times. and this is something both democrats and republicans, presidents, senate, house kick the can down the road because, you know, when you can say bad, bad, bad, look at the numbers, no matter who is in office, democrat or republican, there is political gain and benefit for that other party. and that is shameful. because, honestly, all you have to do is have congress do their job and to change the asylum laws. they come here are seeking asylum because they have to come here to seek 14r50eu78. and i agree with some of what mollie said with regard to fentanyl. you know, we know there is a connection between china and the mexican cartels. and we need to look at what we can do about that. speaking of what we can do about

that, there is something with the administration right now they are trying to put forth with regard to healthcare that could save over 160,000 lives of so many are lost with fentanyl addiction. there is a senate oversight committee that is looking at that right now. >> bret: there may be, leslie, hugh, i don't hear anything from the administration about fentanyl and those numbers are through the roof. >> it's a tomb. and the fentanyl that all of us agree is the number one part of the border crisis is what we have to be focused on. it killed 107,000 americans last year. it is a wide-open border. i know you wanted to talk about the fda and i have to say why are we focusing part of the federal government, the fda on regulating juul when we can't regulate the border? why do we assume the federal government can do anything when it can't do the first thing which is to control the border. as mollie said, the cartels control the border, not the administration. so why would we trust the fda, which had a very bad year anyway in the course of covid. they blew a johnson & johnson

pause. they blew -- in fact, they blew a lot of the abbott laboratory process. they do not have a great reputation right now and they are shutting down juul. i'm not a fan of juul. why in the world would we trust them when the government can't do anything on its job. >> bret: that's good question. "new york times," mollie, while the tobacco industry was one of the most regulated in the country the ecigarette market was like the wild west no rules how it could advertise and to whom it could sell its products. juul quickly swallowed up more than 50% of the market. the fda is saying no more to juul. as we mentioned the administration not speaking very loudly about fentanyl, which enough -- there is just -- fentanyl just a little bit about the size of covering the date on a penny could kill you. >> yeah. this is not an administration that has been making policies based on a genuine reading of science or medicine. we have seen that in how they

have handled issues such as the so-called sex change surgeries for minors or vaccine mandates. they are giving out crack pipes for crying out loud and not caring about the fentanyl crisis. you note these vaping products were used by a lot of people to quit smoking. it's not clear just why they are doing this authoritarian power grab. >> bret: all right. panel, thank you so much. ♪ ♪ >> bret: finally tonight, a special day, a follow-up to what we brought you history was made last night after trumpet, the blood hound, became the first of his kind to win the westminster dog show in. >> no the best in show winner beat out six other finalists for the prize. can you see trumpet and his owner heather helmer taking it all. in to celebrate we are told trumpet was treated to a steak lunch in central park. well deserved trumpet. way to go.

good dog. tomorrow "special report" we will continue our series on fentanyl. ohio's republican senator rob portman tells us how his state has really become a border state on this and how the government is not doing enough. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. "jesse watters primetime" is up next. you think the blood hound should have gotten it? >> jesse: not a blood hound guy. would have given it to the mini poodle. >> bret: there you go. have a good one. >> jesse: thanks, bret. >> jesse: fox news alert breaking moments ago the d.a. in napa county, california charged paul pelosi, nancy pelosi's husband with dui. this weeks after weeks of pressure from you "primetime" viewers. according to the press release, pelosi will face a misdemeanor charge, not a felony, surprise, surprise. the release added that he had his blood taken and he had his blood alcohol at over