Transcripts For FOXNEWS The Five 20240711

Mitigation plans in our schools, that was, until the ctu blew up that success and created chaos that we are now enduring. We waited for hours last night. Hours, and still did not receive a proposal from the Chicago Teachers Union leadership and as of this morning, we are still waiting. But to be clear, not patiently, not anymore. We are failing those children by not giving them the option to return to school. Failing grades, depression, isolation, and so much more. My patience for delays from ctu leadership is over. Jesse San Francisco has had enough as well be at the situation is a ridiculous that the city is now suing its own Public School district to get classrooms reopened. Where is joe biden in the Democratic Party for all of this . Why isnt he backing up local leaders in San Francisco with mayor lightfoot . Michael bloomberg seems to have an idea why. He is telling the president , grow a backbone. Its time for joe biden to stand up and say that kids are the most important things. Important players here, and the teachers are just going to have to suck it up and stand up and provide an education. Jesse all right, greg gutfeld is wearing five layers today to represent each one of us here on the five. Im sorry its so cold here, what do you think about what is going on . Does joe need to listen to many mike and grow a backbone . Greg obviously, this is trump fault. Hes the reason for the shutdown, for covid, the crime, the blizzard we are experiencing. Hes responsible not only for my Postnasal Drip about my prenasal drip. A lot of people dont get that and i also blame him for the reboot of sex and the city. New york has been through a lot, we dont need another sex and the city. You know how the saying is a wash pot never boils. We are watching water being boiled by morons. This will never end because each position in this debate is helmed by a person only interested in preserving their own power, so that position is held by the Teachers Union who dont want to assume any risk, thats why what was interesting what bloomberg said, which was really important, he said that the schools for poor kids were bad before covid. Not after covid, because he understood how the teacher unions, how awful they are for kids. We talk about systemic racism and the justice and Economic System but there is one system that comes to everyone first, and who is ruining it is a Teachers Union. They will do anything to prevent any competition, hence the demonization of Charter Schools and any school choice. That is why you will never see an end to these debates. Jesse and the charter and private schools are doing fantastic numbers. The white house is not on the same page with the cdc. Listen to this earlier, watch. There is an increase in data to suggest that schools can faithfully reopen and that that safe reopening does not suggest that teachers need to be vaccinated. In this personal capacity, she is the head of the cdc but we will wait for the final guidance to come out so we can use this as a guide for schools around the country. Jesse in her personal capacity, dana. Dana there is so much here. First of all, we were supposed to follow the science now in the sciences saying if the schools open and pretty sure the cdc director is not saying that in her personal capacity on a saturday afternoon, as she is taking her dog for a walk, she is doing an interview in front of a sign that says cdc. Though that means that she is giving guidance. I cant believe the media didnt i guess i can. I would have expected more questions given that the entire Biden Campaign and affect all the democrats all the way through, donald trump is not following the science, we are going to get back to science except when the Teachers Unions are at risk of not getting what they want. I find it very surprising that you have Lori Lightfoot, the mayor of San Francisco, both basically saying no more mrs. Nice gal. We have had it, we tried to be patient with you but we are done with the Teachers Union. Here are the first black woman to run these cities and who is backing them up . No one except for mayor bloomberg. Spending 100 million on ads to back up the mayor to get the Teachers Unions to do the right thing. There will be some longterm changes. They have a way of having some massive change in some sort of way, some good, some bad. In this case, parents are seeing all across the country that the private and Charter Schools are open peer they are making just decisions and big sacrifices so they can pay more to send their kids to school. Once they get a sense of what its like to be in a Catholic School where the teaching is good, the uniforms are there, everybody shows up on time for good teaching and you learn a lot, i think it will be very unlikely that these kids will return to the schools. Its about the money, looking for 160 billion more for school and what are they going to spend it on . They are going to lose so much federal funding, 14,500 per pupil per Public School students, but only if they are enrolled in Public Schools. You are going to lose all the money and that might be why the unions are Holding Strong in the white house too. Jesse you have spoken so eloquently over the course of this show about the importance of education with minority students, you now have a situation where the mayor in chicago says we spent 100 million, we upgraded it, its safe, the cdc director of science says its safe, so what is holding these people back . Juan i think obviously Teachers Unions are there to advocate for teachers, as you know, jesse, jesse had spoken my truth today because im for opening the schools and i think just like greg said, i think minority kids are getting hit hard by this and just like dana said, i think the cdc director was speaking from the science, so i think all of that is true but i do think you want to make sure that the schools reopen safely, i think we are dealing with a rise, a spike in the virus in many places including chicago, i think we are dealing with mutant viruses, all that is true. But i think clearly the science is on the side of opening the schools. Let me just also say and this doesnt get recorded very often but i think it is true, progress is being made. In the city like where i live in, hybrid basis where the kids go back in one week, they are off the next week for virtual instruction. In New York City the lower schools are open, we are seeing this all over the country, progress is being made on the biden promised to open the school in 100 days but the second part of this, and this is something the Teachers Unions are emphasizing as there are a large number of parents underreported who dont feel confident right now about sending their kids back. I disagree with them, my own children, i love my children, love my grandkids but i would send them back because i think that what you heard from Lori Lightfoot is true about the condition of kids, so to me, yes, Teachers Unions should do a good job of representing teachers. I want teachers safe but i want kids back in school. We expect the same thing to be said from the man sitting in the white house right now, but we have not heard a forceful enough message from him with regards to this issue. Dagen it turns out President Empathy does not like children too much. This is what you get when you have a president , a democrat who has been in politics for half a century. Five decades of kowtowing for the unions, do you think hes going to change now because mike this is what we call muscle memory. He is weak, he talks about being moderate, he talks about unity but joe biden has talked about in just the past couple of weeks he will do favors for Special Interests who support him over jobs and now over children. Horrific, irreparable damage is being done to kids educationally, developmentally, emotionally and psychologically. How many suicides is it going to take to reopen the schools and have the commanderinchief but the hammer down . How much more suffering do we need to see from poor, black, and latino children in our major cities . These most vulnerable hurt. And lets talk about a generation of women, the working moms. Moms are having a major setback. Screw the kids, long live the Teachers Union. Jesse reopen the schools and vaccinating the country, he sailed to reelection on that but he is not pulling it up so far. Coming up, the rules dont apply to democrats. John kerry busted ford defending using a private plane to accept a Climate Award. This is the sound of an asthma attack. That doesnt happen. This is the sound of better breathing. Fasenra is a different kind of asthma medication. Its not a steroid or inhaler. Fasenra is an addon treatment for asthma driven by eosinophils. Its one Maintenance Dose every 8 weeks. It helps prevent asthma attacks, improve breathing, and lower use of oral steroids. Nearly 7 out of 10 adults with asthma may have elevated eosinophils. 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Now john kerry is being called a hypocrite, here he is taking a private jet to accept a Climate Award in iceland. If you offset carbon its the only choice for someone like me who is traveling the world to win this battle. I believe the time it takes me to get somewhere. I cant sail across the ocean, i have two fly to meet with people and get things done. Dana let me start with you, jesse. At the time of this interview, 2019, john kerry wasnt the czar of anything. He couldnt have signed america up. What battle, who is he fighting for . I dont get it. Jesse john kerry is fighting Climate Change by changing the climate. Stop fighting so hard, john. This guys Carbon Footprint is so big, exxonmobil is going to give him an award. I just read his profile, the guy has got five homes, five subs. But he just sold his Nantucket Property because they were about to put Wind Turbines that would destroy his view and Property Value so then he took the profits and bought a place on on the vineyard instead for 11. 5 million. I saw the aerial shot, i couldnt see any solar panels on it but i assume that laidoff miners are very busy building them. We know its very dangerous to live on the coast because of those rising sea levels. Thank goodness john kerry nose breaststroke and he can breaststroke himself to safety. The only green job that he has created has been for john kerry and its not even green. By the way, who is paying for the jet fuel where he is flying all over the world . Are the taxpayers paying for that and are we also paying for the Carbon Offsets . What a great scam. Someone should ask jen psaki about that. Dana and greg, the reporter who asked about that, an icelandic reporter, he was like hey, by the way, you are here for the climate but you are in a private jet and, you know, they are supposed to love the media, the media was kind of needling him there and now it has come back to bite him. Greg are you sure that wasnt pure . Offsets are basically our generations version of indulgences. As long as you can afford offsets, you can do whatever you want. Lets not forget de blasios excuse for using a motorcade to go to the gym across town with that, my Climate Advice is enough of a contribution that i can abuse the advice. You see, its a canceling out of things. Can i go completely off topic for a moment . Dana okay. Greg i think a bigger problem than political hypocrisy because political hypocrisy will never go away. We will do the story forever. Its a cultural hypocrisy in which the political hypocrisy is embedded. How did Harvey Weinstein or Roman Polanski or now Marilyn Manson get away with all of their grim assaults, even though everyone knew what was going on . Its because culturally it is easier to take advantage and skirt the rules, as long as you follow the liberal orthodoxy. The cultural orthodoxy of liberalism allows you under the guise of tolerance to get away with anything you want. Yes, you can get into politics like john kerry and you can override the laws that you set but if you get into culture, if you become a Rock Star Or A Tv star, a celebrity, you can get away with stuff that is so disgusting you cannot even say it on tv. Dana we will not say here but we will imagine it indeed. Jesse you are a sick person. Dana getting mono from the ken doll affected me from yesterday. Greg you know, i am sorry. Dana juan this week it was reported that all the countries who signed on to the Climate Accord are not going to reach their stated goals of reducing admissions. Why is it so important for the bite administration to resign up if none of the other countries are going to make their goals . Juan the idea is we can set an example and we can insist that they do meet their goals dana we already met our goals. Juan we werent in it we are trying to meet our goals, they need to meet their goals and that is what the deal is and i think we have an Important Role to play their as Global Leaders and that is what the United States should be. By the way, im john kerry, obviously, this happened in 2019 and to jesses question, obviously, he was playing for that field, not the United States government, not the taxpayer and by the way, john kerrys wife is richer than john kerry. John kerrys wife is rich beyond teresa hunt but its bad optics for anybody who is the climate czar and hes going to have to learn about Public Relations for a climate czar, having said all that, i dont think its good for us to nitpick what greg called earlier political hypocrisy, because that is just so rampant. It is important for us to look beyond all the hypocrites that some guy down in austin who went to a wedding, there was a governor of california and look at Climate Change. The policies, the important things about dealing with Climate Change remains important to all of us and we need to deal with it and we should not get derailed by nitpicking personal hypocrisy. Dana but we do it so well. [laughter] dagen john kerry showed i wish he spoke with a french or some sort of Amorphous European accent because that way at least it would kind of be a better indicator of his ego and his arrogance and how much he loves himself. Did you notice how many times he said i . I cant take a ship across the sea. Well, im not that concerned with how hes traveling. Screwing over america to suck up to nations that hate us who want to triple the economy, high energy prices, make us dependent on foreign oil. Come to china, theyre going to meet their promises, they dont give a damn. By the way, our missions are the lowest they have been since 1950. His climate end game is to drive up the cost of commuting to work, assuming you have a job left after four years. Dana dramatically less Greenhouse Emissions because of the Pipeline Being canceled because of how they will have to get that natural gas to and from. Great talking come everybody. Coming up, we left when violence rocking a west coast city. The mayor calling what just happened to domestic terrorism. We will talk about that next. Research shows that people remember commercials with exciting stunts. 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Speaker created an active crime scene, a Police Response appropriate to the actions of the terrorists. Yes, these are my words now and i am calling this crime an act of domestic terrorism. Dagen criminals have no fear in New York City. A chanel got robbed in daylight. Four criminals made off with four chanel bags and so far, no arrests have been made. This is the same neighborhood where store after store was looted last year during the rioting. Greg is ongoing. I live down there. There was looting going on continuously. Not every day, but once every couple weeks a store get to it. A great piece in the New York Post in which paul interviews Store Employees in New York City that were plagued by this and employers say that one thug will rip out their phone and start taping and another will accrues them of racism and the store owners are terrified more of the online mobs destroying their reputation than the people who steal 50,000 of merchandise which is what usually happens. It shows how bad people can deploy the flaws of a liberal system. We live in a time where we are expected to freeze when someone shouts racist and if you dont want to be branded a bigot you do freeze so was long as we have countless race baiters in the media continuing the practice of smearing innocent people, its going to allow cover for all sorts of crime and we cannot forget that all of these cities are boarded up not encase biden won, but in case trump won. The loading is ongoing. I will channel somebody on the left. There is no victim in that robbery. That store has insurance. Juan that store has what . Dagen has insurance. Juan oh, thats ridiculous. I think the big story here is i look at the numbers and i look at the department of justice, fbi statistics, crime in america, they are at historic lows. If you look at a city like new york that you are discussing, crime in new york, Violent Crime is lower than when Law And Order mayor giuliani is in office so i think we have to keep that in mind. Greg that is so not true. Juan yes, it is, and i want to take responsibility because i think there are some people on the left who are crazy, like whats going on in olympia, washington, with that hotel. Dagen domestic terrorism domestic terrorism from the left. Juan now, thats not my words, thats the mayor. But im saying the most dangerous crime right now in the u. S. Is what we saw at the capitol on january 6th. Armed insurrection . Im talking about conspiracy theories, false claims of a stolen election, this is ongoing. Thats the most critical crime right now, threat of crime in the United States of america. Greg so nice you care about crime now. Now you care. Juan the u. S. Military is calling for a standdown to root out violent extremists and White Supremacists right now. That is the real crime threat being dealt with by our military. Greg all lives. Dagen jesse, you know what is domestic terrorism out in washington and they are from the left, and insurrection by definition is a violent uprising against an authority or government. That is what was going on at portland and out west and all of our major cities all last year. And now, we are worried about one insurrection . In d. C. Jesse the media is slick. They will just hide a Crime Surgeon and they will only cover what they consider political crime by republicans. Hate crime hoaxes, tabloid crimes, but when their guns and start shooting and peoples homes and businesses are burned, they say that is mostly peaceful but americans who watch the local news turn it on at 6 00, what did they say . If it bleeds, it leads. Youre going to see that in every major market, hachette attack on the 15 dead. You cant ignore that. If you live in a city, you can feel the quality of life has changed. Your survival instincts are there. You have a head on a swivel, may be about a gun, may be left the city and moved because people have moved in the mainstream media, if they downplay criminal activity, they are putting other people in danger. It does them a disservice because everybody wants to be able to protect themselves and if you say everything is hunkydory and its not, thats not good. Dagen dana . Dana one of the things we are talking about in the country is whether we should increase the minimum wage to 15 an hour, so that is ongoing and in the meantime, could we protect the people who make a minimum wage quest wrecked the people who work at a hotel, imagine how terrifying that would have been. One of them actually got hurt, and nobody else says a thing. I realize that is happening in olympia, washington, but to jesses point, i love watching local news, whether it be here, d. C. , when i was recently traveling, its everywhere. Maybe they can show here or there whether its not, but the stories we had this morning on americas newsroom painted a different picture but we should think about those staffers, the ones who work at the chanel store who were terrified and those that worked at the hotel. Greg felonies have jumped, murders have jumps, we went over them this week. Dagen murders more than doubled in new york last year. Juan but jumped from an alltime low. Greg now they did dagen now they are up but it was from an alltime low. He juan the crime is very low. It is. Dagen ive been chased down a street, its frightening. Peoples businesses are suffering. Mom and pop cant afford it. Speaking of the local news, with the far left District Attorney out in Los Angeles George gastown, a convicted Double Murderer was approved for parole in the last day, denied parole in 2015 and 2017. Prosecutors because of the d. A. Were barred from attending the hearing. The victims family based that killer alone. Thats whats going on in our cities. I had come of the maritimes calling for biden to police free speech in america. Man i have moderate to severe plaque psoriasis. Now, theres skyrizi. 3 out of 4 people achieved 90 clearer skin at 4 months after just 2 doses. Skyrizi may increase your risk of infections and lower your ability to fight them. Before treatment, your doctor should check you for infections and tuberculosis. Tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches or coughs, or if you plan to or recently received a vaccine. Man i feel free to bare my skin. Ask your dermatologist about skyrizi. woman what should we do with it first . Man i feel free to bare my skin. man road trip. woman yes. woman offroad trip. man how hot is the diablo chili . waitress well, youve got to sign a waiver. [loud laughter] woman is this even a road . man yeah. woman so what should we do second . vo the subaru forester. The most adventurous forester ever. vo get 0 for 63 months on select new 2021 models. Now through march 1st. Keeping your oysters Business Growing has you swamped. You need to hire. I need indeed indeed you do. The moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventyfivedollar credit when you post your first job at indeed. Com promo juan the New York Times facing backlash over free speech in america. It ran an article that the Biden Administration create a Truth Commission and create a realities are to combat this information. The Washington Post Editorial Board backlash hard, they dismissed the idea as a crackdown on free speech. Liberals ministry on truth and the academic press, mall state media controls. Let me start with you, the government cant limit free speech, that would be unconstitutional but there is tremendous concern about violent rhetoric, Death Threats and the like. What would you do . Jesse greg gets Death Threats constantly and he seems fine. Listen, republicans win elections too, juan. What if trump wins in 2024 . He could decommission . That will be fun, we will get to pull up these anchors from fake news cnn and msnbc and they will have to testify lives on fox of course about how they booted some report, about how those reports were just hacks . We could bring up the Washington Post factchecker and ask him why he spends for democrats. Why are we going to have, kellyanne conway, she can be the realities are, alternative facts. We can play that game too. Does she get a jet like john kerry, the climates are . Come on. You dont ever want to merge truth with the state. Whos done that . Last time i checked it was Soviet Russia and communist china, we dont want to go down that road. Juan greg, yesterday when we were talking we came to some agreement about big tech because you dont like the idea that you would silence some people. What do you do in terms of cracking down on excesses of big tech . Greg first of all, you have to understand what the New York Times is suggesting. Its a feeble mirror image of trump confronting fake news. Trump would just call it out almost at every opportunity, which is how you do it because as you know, its subjective. One persons fake news it is another persons true news. That is why leftism is so scary because what they do is attach objective consequences to subjective beliefs, all right . This turns out to be kind of an autocratic Hall Monitor Version of censorship. You would have to call them out on it but that is not enough, when liberals and leftists get into power, then its their turn to turn the screws on their credit, instead of calling them out, they want to silence them. I have no interest in silencing anybody. I want to have the dumbest idea ive ever heard but sometimes i do every day. But i want to hear it. I think whats his name, i cant think of his name, the guy that got kicked off of youtube, jones. I see more of alex jones now then i did when he was on info wars. Bad ideas just come out in other places. Juan dana, i was thinking of tobacco and i was thinking, what did we do when we were trying to deal with tobacco is a Public Health issue and for a lot of people, the threats, pornography, all that is going on online, a Public Health issue, is it something we could deal with your Public Awareness customer how would you deal with that . Dana okay, Public Health issue, no, i dont think so. Im trying to i mean, im glad we dont have smoking in restaurants, that is my preference and i know theres some people who strongly believe if you are a Business Owner and you want to allow smoking in your restaurants then you should allow that. I dont think you can actually mix up Public Health and free speech. I agree you cant yell fire in a crowded theater but i also dont think this is what this is about. Again, i dont like this information either way, and we know that can be out there but i think the only way to really deal with that is to have more speech, not less. Juan dagan, do you agree . Dagen conservative thought and speech causes cancer, im still trying to make that connection in my head. Liberals get a pass from this censorship, censorship of thought and speech but to gregs point, im going to reiterate what he said earlier in the show, how much wrongdoing and bad, nefarious behavior is being ignored because people are worried about somebody, or 74 Million People who voted for donald trump. The biggest problem are the technology monopolies. Apple, google, amazon and facebook because we now see they have been coopted by the government. Its not a clear violation of the First Amendment but it is pretty damn close, and they dont want to be regulated. Juan i think the concern was over violence and what we saw january 6th. Dagen violence is a crime greg its a health concern, believe me. 25 people died over the summer, health concern, i agree. Juan i am being told we have to go, folks. Ahead, the hope is once we are all vaccinated we have to get back to normal, right . But maybe not. What the White House Press secretary said today about that topic straight ahead on the five. We made usaa insurance for members like martin. An air force veteran made of doing whats right, not whats easy. So when a hailstorm hit, usaa reached out before he could even inspect the damage. Thats how you do it right. Usaa insurance is made just the way martins family needs it with hasslefree claims, he got paid before his neighbor even got started. Because doing right by our members, thats whats right. Usaa. What youre made of, were made for. Usaa if you have postmenopausal osteoporosis were made for. 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Prolia® can cause serious side effects, like low blood calcium, serious infections, which could need hospitalization, skin problems, and severe bone, joint, or muscle pain. Dont wait for a break, call your doctor today, and ask about prolia®. Greg White House Press secretary jen psaki has some bad news for americans hoping everyone who gets the vaccine will help us get back to normal. Its not just a vaccine, its obviously an incredible medical breakthrough and we want every american to have one but even after vaccinated, social distancing, Wearing Masks are going to be essential. Greg dana, essentially we will never return to normal. Dana is that official guidance . Were they speaking in their official capacity or was that a personal opinion . Until i see the lady from the cdc, i dont know if i will believe it. I did an interview a few days ago with the doctor in which i said so everyone is excited about getting the vaccine but if they get the vaccine, what can they do, can they see their grandchildren . Pretty much no, nothing is going to change and ive got to tell you, i wear the mask but im getting tired of it. Greg tell me about it. Im actually wearing my mask right now. Dana you are wearing a lot of clothes right now. Greg i wont tell you where the mask is but im covering a lot of places. Juan, the argument is the vaccine should keep you from spreading it but they dont know if its 100 so you have to wear the mask anyway . Juan i think what jen psaki is talking about is Herd Immunity and what weve heard from the scientists including dr. Fauci is youve got to get to 75 , 80 vaccination rate. We are nowhere near that. I saw a map the other day, when present, to present in most places. Some places like 5 . We are a long way from Herd Immunity, its not going to get us sick again. Greg i heard you have immunity. [laughs] jesse, thoughts. Jesse joe biden has got an alleyoop for reelection. He already got handed warp speed, the economy is already recovering, hes just got to jump and put it in the hole. But with messaging like this, this is going to turn the American People against them. If you tell people youre going to have to wear a mask in social distance for years and years and years, theyre going to rebel against joe biden and they are not going to want anything to do with him. Greg what do you think . Dagen i want to know which one of you are going to break it to my dad. He has got that second shot on his calendar, hes getting his new crowns put on his new implants. He is ready to party and im not going to be the one to tell him. [laughter] dana i volunteer, juan. Dagen hes 84, hes ready to rumble greg there you go. One more thing up next. Incomparable design makes it beautiful. State of the art technology, makes it brilliant. The visionary lexus nx. Lease the 2021 nx 300 for 359 a month for thirty six months. Experience amazing at your lexus dealer. Research shows that people remember forcommercials withhs. Exciting stunts. So to help you remember that Liberty Mutual customizes your Home Insurance, heres something you shouldnt try at home. Look, Liberty Mutual customizes Home Insurance so we only pay for what we need. Its pretty cool. That is cool grandma very cool. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. Jesse time now for one more thing, greg. Greg this is my favorite how many dogs are behind this door . Im going to ask each one of you how many dogs are they behind this door . How many dogs are there behind this door . Juan three. Greg how many dogs . Dagen 18. Dana 12. Jesse 13. Greg count the dogs dana one, two, three, four, five, six, seven, eight greg the answer is ten, i guess three winds. Who let those dogs out, and my right . Dana congrats, its the first time juan has won anything on this show. Juan take a look, take a listen at the good people at the Country Village Senior Living community in bartlesville oklahoma. [laughter] they are drumming up town funk by bruno mars on their Exercise Balls and you could see the balls are propped up on Laundry Baskets but they are not doing chores, thats exercise. The drumming helps with dexterity as well as breaking a sweat. On social media, the video has been viewed at 2 million times, one group suggested this is the group that should perform at the super bowl halftime show, i agree with that one. Dana all right, youre up next. Dagen consume this delicious video of two giant pandas at the National Zoo Playing in the snow, its the Smithsonian National zoo. It gets better. Ill just pass it off to dana. Dana if you want to buy some girl scout cookies, you can do it at troop 6,000 google it. These help girls in the New York City shelter system, they cant sell their cookies this year but you can buy them online, you can also donate to the troops if you dont want those calories in your house, i think its a great program. Jesse we agree with that. That is it for us, Special Report is up next with bret baier. Bret ill take the thin mints, good evening. President biden says he will seek to raise the annual refugee cap to 125,000 in his first year in office up from 15,000 set by the trump administration. Meantime a u. S. Mexico border, some facilities are at capacity tonight due to a steady increase in Border Encounters since aprit restrictions. Some migrants are now being provided the notice to appear and release