asian man inside a chinatown laundromat. police seized weapons and identify the three men. calvin virgil, jason orozco, and nolande besheers. police believe the surveillance video, the suspect also hurled racial insults. vandals defacing a seattle church with anti-china graffiti crew locals reportedly growing frustrated with whether or not police are on. officials tell local reporters they say it's safe to say there is an investigation. the graffiti says "china you will pay. go home." local residents as we are in seattle, pretty progressive and so many ways. disheartening a lot of ways. tonight the white house and activist are primarily laying the blame on white supremacy and comments by former president trump when addressing the latest violence and attacks on asian-americans. hello and welcome to "fox news @ night." i am shannon bream in washington. we begin tonight with what we know about the motives of the obama suspect in the series of tragic shootings last night. a people left dead. alex hogan has the facts tonight. >> good evening, new release 911 call shows the moment becomes called police for help. one woman inside one of the businesses hiding, terrified and asking police for help. >> where is he right now? >> i don't know. i'm hiding right now. >> what is he wearing? >> i don't know. please just come okay. >> tragic shooting spree outside of atlanta. eight people are dead. seven victims were women of which six were asian. the violence causing an outpouring of support for the asian-american community. the suspect however, 21-year-old robert long, confessing that he carried out the shooting not over race but because of his own sex addiction. 5:00 p.m. on tuesday, three spas quickly turning to crime scenes. >> he sees them as an outlet for him. something he shouldn't be doing. an issue with porn. he was attempting to take out that temptation. >> multiple investigators say it's too soon to know if race played a factor. >> it's early but the indicators are it may not be. it may be targets of opportunity. >> france in high school and middle school speaking out, surprised and shocked. >> most people had nothing but good things to say about it. >> police released security footage of the suspect prompting his family to step forward. >> very supportive and certainly it's difficult for them. >> officers tracked long down 150 miles away with a 9-millimeter firearm in his vehicle. the man told officers of his plan to head to florida and carry out more shootings. >> robert long is charged with at least four counts of murder and at least one count of assault. his first initial court appearance was scheduled for tomorrow. that has been canceled. there is no new court date scheduled as of yet. shannon. >> shannon: absolutely tragic. alex hogan, thank you very much. breaking tonight, lindsay boylan wants no part of the new york state assembly's impeachment investigation of andrew cuomo. the governor's former aide whose allegations triggered the developing sexual harassment scandal called the probe a sham, tweeting "do not trust carl, his impeachment investigation is not designed to be transparent or to move fast. there is nothing governor cuomo wants more than time. many of us have put our whole lives on the line for this crap. i have not and will not." illegal immigration numbers soar at the southern border. president biden is telling migrants "don't come over." will the message be heated after candidate biden's words seemed to be directly opposite during the 2020 campaign season. white house correspondent kevin corke is digging into it. good evening, kevin. >> evening, shannon. still no trip to the border plan for mr. biden who was at least so far content to let others take the lead in responding to the border disaster, a decision that's getting increasingly difficult to defend as the crisis deepens. every day by the hundreds they come, migrant children part of a tsunami of people looking for a better way of life. but the reality on the ground is daunting. customs and border protection sources telling fox news we are taking in more uacs then we can process. i don't see how we can keep this many kids when we can't find sponsors." there is growing concerns that the biden administration may be restricting the information the border patrol agents can share with the public. nbc reports border patrol officials have been told to deny all media requests for ride along with agents, to send all queries, even from local press, to washington for approval. and to not share information about the number of migrants in custody. >> we are not hiding anything. we do want to be sure that the stories told transparently. but we are also in a situation of urgent need for children and need to move children, that has to take first priority. >> by comparison with the height of the trump administration's child separation policy in june 2018, he allowed media dig were facilities where separated children were being held. >> if you all wanted to grant access to the press, could you just tell dhs to do it? >> we fully support transparency and i would encourage you to talk to the department of homeland security of any requests you have for press access. >> dhs secretary alejandro mallorca scott over and exchange -- got in a tense exchange today. >> how many more have to be kidnapped across america before you take action? >> i find that question to be extraordinarily disrespectful. >> i'm sorry that you feel that way. i'm sure the american people feel disrespected about the border situation. >> female, the federal emergency management agency involved, isn't this an emergency? mayorkas said it was a challenge and he noted in the hearing that he was "not spending any time on that language that we used. i'm spending time on the operational response of the situation of the border. terse response to intense situation. shannon. >> shannon: one that doesn't appear to be resolved quickly. kevin, thank you. 40 republican senators seeking answers tonight about the legality of president biden's executive order. the group sent a letter to the government accountability office seeking a ruling on what they say is an unlawful action infringing on congress' constitutional power of the purse. here to respond to the reported gag order on border patrol agents the president of the national border patrol council, brandon judd. good to have you back. i know that you are speaking in a specific capacity so we will only ask you to comment from that. you've heard the reporting that people cannot request right along. local and state and other media requests have to go to that washington office. data is not supposed to be given out so i can't be leaked. what do you make of it? >> i'm going to be perfectly honest. this isn't anything that's extremely strange. most media requests had to go through washington, d.c. what is strange and let's talk about what needs to happen, not letting the media into these processing facilities, that needs to happen. the trump administration was transparent. we need to take immediate to the border's vacancy was taking place. so that the american public understands what the situation is. when you don't want to call it a crisis, you have to look at what is the definition? why would you call something a crisis? in my opinion the definition of crisis is once border patrol resources are overwhelmed and we cannot secure the border based on what's coming at us and we pull our agents in the processing centers off the line, i would call it a crisis. a week ago i wouldn't have but now i would. >> shannon: we've been told by this administration repeatedly that they would be as transparent as possible. allow us to find out what's going on. how reporters are pressing to get that information. they are being told to go back to dhs. pointing out that it's a federal agency. do you think you're going to get answers? do you think were going to get access? >> i think you will because you continue to press. if you didn't, you wouldn't get those answers. i couldn't encourage the media more than to continue to press upon the administration to give you the numbers you need, the access that you need so that you can paint the full picture for the american public. speaking on behalf of the national border patrol council, i'm a border patrol agent. i patrol the border and i put on the uniform and go out there and do the job. if the public doesn't know what's going on there would be no reason for the administration to act appropriately in trying to secure the border. that's why i encourage the media to continue to press and push forward. if it has to go through washington, d.c., so be it. push it to headquarters but get the access that you need. >> shannon: brandon judd, thanks to you in every other man and woman who puts on the uniform every day, doing a job that's much harder than we understand. thank you. >> thank you. >> shannon: let's bring in leslie marshall and former deputy assistant attorney general john yoo. good to see you both tonight. >> hi, shannon. >> shannon: i want to play president biden when he was a candidate in 2019 versus what he is saying today. we'll talk about the messages. >> i would make sure that there is, we immediately surge the border almost people seeking asylum. they deserve to be heard. that's who we are. we are a nation that says if you want to flee and you are feeling oppression, you should come. i can say quite clearly don't come. what we are in the process of getting set up and it's not going to take a whole long time is to be able to apply for asylum in place. so don't leave your town or city or community. >> shannon: john, even those within the biden administration admit they've got a messaging problem. we have reporters and folks talking to people who say we believe he's going to help us. that's why we are coming. that's the message were getting. >> it's not just a messaging problem. president biden is creating incentives, new incentives the ones that existed under the trump administration. we shouldn't assume that immigrants are irrational. they are rational actors. they are coming because they are getting new information that immigration policies in the united states are changing. whether you agree with them or not, trumps immigration policies made it harder for people to cross the southern border. president biden overruled the trumpet executive orders. he says he's restoring this p24 program and it will introduce a bill making it easier for aliens to become citizens. i don't blame people who want to leave countries with a lot of instability to come to the border. president biden is creating incentives that will make the problem worse and worse. >> shannon: it's not just conservatives or republicans were saying that. lastly, we have a number of democratic lawmakers along the border and in texas, members of congress saying you're making it harder for us, mr. president. congressman henry cuellar today. >> don't come now, come later, we needed more concise, clear message. what we are hearing, what they are hearing is people are coming across. they see images of people coming across so cores that are to listen. >> shannon: leslie, he himself, he played some video of the border and situation and there are enormous crowds. people who feel hopeless and i'm sure are fleeing to a place where they think there will be opportunity for them to a system that is overloaded and we are hearing of thousands of kids being held far beyond the legal limits, being grouped together at convention centers and other places. it's not a situation anybody wants. it's not ideal for these young people. >> it's not an ideal situation but here is what an ideal situation looks like. democrats and republicans in the house, democrats and republicans in the senate can pass bipartisan multifaceted immigration reform yesterday. they don't do it. they want to take pictures. they want to visit the border. i think it's good to be informed but the reality is that the covid-19 pandemic reduced beds for children specifically from 13,000 to 8,000. the reality is the covid-19 pandemic increased violence in these countries, reduce financial and economic and work opportunities for these individuals. we also have to remember that a lot of people don't understand you can apply for refugee status from your home country but not asylum so you have to come and be at the u.s. border to apply for asylum which is why you hear the president say we are working on the ability to apply for asylum from your home country. president biden can't do it alone. no president can do it alone. they need congress to help them. >> shannon: the fact is covid started early in 2020. john, this surge started in the last eight weeks. >> the numbers are incredible. the increase in encounters at the border in the last month is up over a third parent up over 175% in the last year. i don't think it's just covid. in fact covid should be slowing it down, not increasing it. the question is going to be whether president biden -- he's now in charge. he can't blame things on president trump. one of the jobs of the president is to protect the sovereignty of the country which involves setting security at the warner and making sure the law is enforced. i agree with leslie, it's up to congress to set those numbers. the president's job is to enforce them. >> shannon: they need to get a lot of things done including cleaning up the overloaded immigration system, the border and everything else in there never seems to be the appetite for parties to do it. we will keep watching it keep asking those questions. leslie and joan, thank you both. >> thank you, shannon. >> shannon: biden team j nominee under fire for her business ties to a company that allegedly profited off a chemical used in the production of heroin. carrie severino's organization asking senator joe manchin to vote no. how the white house is responding, 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(laughing) (trumpet playing) someone behind me, come on. pick that up, pick that up, right there, right there. as long as you keep making the internet an amazing place to be, we'll keep bringing you a faster, more secure, and more amazing internet. xfinity. the future of awesome. >> shannon: president biden's pick to be associate attorney general, vanita gupta, coming under scrutiny for her steak and a company that makes an ingredient that drug dealers have used to make heroin and meth. dr. marc siegel has the latest. good evening. >> good evening, shannon. vanita grouped, attorney and corporate mobile, is currently awaiting confirmation to be pree attorney general. it's worth noting that there could be more issues holding up her confirmation that her previous attacks against republicans. gupta is worth somewhere between $42 million and $182 million with most of her filings obtained by "abc news" perhaps most significantly vanita gupta owns between 11 and $55 million in shares of aventura, pennsylvania chemicals and materials company, her father is the chairman of the board. the plot thickens. they make acetic anhydride and has been selling it in mexico. according to bloomberg, a $324 jug is enough to produce 90,000 hits of high-grade china white, otherwise known as heroin. 80 pounds of china white has a street value in the u.s. have at least $3.6 million. according to bloomberg, the cartels were getting an ample supply and will also using it to cook meth. bloomberg says when it was first published its findings, they pulled a product from mexico and began destroying the inventory. for 30 years, the feds have been trying to crack down globally and nationally on these potential drug making chemicals in order to keep them away from narcotic syndicates. acetic anhydride was placed in the highest category of control back in 2001. while it is true that acetic anhydride has legal uses including in the production of cigarette filters, making narcotics is big business. shannon, the white house told us that gupta never had a direct roll with the company and will divest herself of the stocks that she owns. so at least according to the white house there would not appear to be an ethical issue. senator chuck grassley, ranking member of the judiciary committee, has submitted some questions about the company for gupta to answer. shannon? >> shannon: dr. siegel, thank you very much. a conservative group is targeting west virginia senator joe manchin over gupta's confirmation. let's bring in the president of the judicial crisis network, carrie severino. good to see you back. >> hi, shannon. good to see you. >> shannon: i'm going to play a little bit of the ad. it's very pointed. here's a bit. >> we see drug overdoses, death. vanita gupta, she some money, profit. sex has tens and millions invested in a company that made the hidden ingredient in heroin. tell joe manchin vanita gupta or west virginia. >> shannon: the message is specific to west virginia where they've had a shocking, horrific outcome with regard to the opioid epidemic. is it fair to link her to what happened based on reporting that we heard from dr. siegel? >> obviously she's at this point vowing to divest yourself potentially of the stock. she is serious stockholder. father remains chairman of the board. here's the other challenge. on top of her radical and extreme positions on other issues which i think are disqualifying already and have been talked about a lot. she has positions that tie in with some of these concerns. she has advocated for legalization of possession of all drugs. she has advocated for some of the same policies that are benefiting the illegal drug industry. that's a real concerning overlap here. i think it's something that we can overlook. west virginia alone lost 142,000 people to drug overdoses. it's concerning to see someone who would be leadership of the department of justice. >> shannon: here's what senator manchin said. he said i spoke to merrick garland, now the attorney general, he's very high on her and have all the respect in the world on his decision-making. i will be leaning towards a yes vote because of his support. do you think this ad will be enough to change his mind? >> i would hope so. i would think that someone with her record. merrick garland likes to present himself as a neutral, fair, moderate person but the personals policy and you're looking at people working with him. they are the farthest left. she has advocated for reducing sentences for white nationalists and terrorist. she has a very bad record on religious freedom. is he going to stand up to this? i would question it and say i don't see evidence of it and i think senator manchin has to be particularly cautious when you look at her view of drug policy in particular and when you see the damaging effects, the tragedy that happened in west virginia and so many states across the country because of all these problems with the opioid crisis. >> shannon: i want to bring something up from senator mazie hirono, talking about the g.o.p. and the right encouraging no votes against women of color. she says vanita gupta, deb haaland, highly qualified women of color singled out for being outspoken and critical of trump. is anyone else noticing a pattern in the types of nominees republicans are singling out for criticism? how do you respond? >> the pattern is we will criticize people of any gender or color who are radical liberals. it's absurd name calling on their part. they are trying to change the subject. tell it to the same people who oppose women of color like janice rogers brown, bush's appointee to the d.c. circuit was filibustered because she was appointed by a conservative. the people who opposed amy coney barrett. because she was a woman? come on, folks. let's get real pair we need to be concerned about making sure people enforcing our laws and staffing this administration are not people who are going to be undermining the rule of law in the country. unfortunately we are seeing from biden as he likes to talk unity and reaching across the aisle when he's trying to woo voters but we are seeing a radical type of person like vanita gupta being appointed to these positions and we are going to stand up and call that for what it is. >> shannon: the confirmation battles will continue. carrie severino, thank you. how will the biden administration stand up to china in the first face-to-face meeting of the two countries top advisors? 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"the wall street journal" reported that china plans to ask the u.s. to roll back drum policies. specifically dropping the sanctions and restrictions on chinese entities and individuals put into place when the trump administration. let's bring in republican senator tom cotton to talk about what he's watching for. welcome back. good to have you. >> good to be on with you. thank you. >> shannon: the article quotes daniel russell, former obama state department official saying china feels it has the wind at its back, the east is rising in the west is fading. that's how they come to the table. senator, what do you think? >> well, if that's their attitude, we need to disabuse them of their attitude. i hope we roll out the unwelcome mat sent them home disappointed if they are looking for relief from tariffs and sanctions. punishing china's further degradations against america's interest. if the biden administration agrees to start rolling back some sanctions, to start removing tariffs, we will know that joe biden and the democrats want to go back to business as usual against our number one competitor in the world, country that's responsible for stealing millions of american jobs and threatening our national security and oppressing and persecuting their own people. >> shannon: how do you respond to those critics of the trump administration who say that he and the administration blew up important international relationships and that we didn't really make any progress in relations and pushing back on china? how do you respond? >> that's not the case at all. if anything, president trump helped realign the political consensus in america to recognize china is a serious and grave threat. and around the world we have so many partners who want to work with us and have been grateful that america has finally gotten more aggressive in confronting china. those with the great missions of the western pacific and the indian ocean. india, australia, japan, south korea. smaller countries all around the world who don't want to be bribed by china and essentially become vassal states. have their communication networks infiltrated. countries around the world recognize that china is a threat to their interests but they need america to lead. that's what we've done for the last four years and i hope that's what we continue to do. >> shannon: the big meeting tomorrow. let's turn back domestically, the equality act is going to be working its way through the senate. there has been a lot of back and forth. if you question it, you're a bigot and your undermining and supporting discrimination against the lgbtq community. "the washington post" says the equality act matches americans fast-moving rejection of discrimination based on gender identity and sexual orientation. more than six in ten americans say business owner should not be allowed to review services to lgbtq people on the basis of religion. is that an accurate portrayal of the equality act as you see it? >> no, shannon. this is a radical proposal. of course americans think everyone should be treated with dignity and respect but they also want to respect the religious freedom of all americans and they want to uphold what until just yesterday seem to be pretty common sense notions. more than 20% of the largest charities in america are faith-based. more than a trillion dollars of social goods are performed by those charities. but the equality act would threaten them all. just to give you a few examples. if you are in a battered woman's shelter and a man shows up and said he wants to be admitted, to a place where women are hiding from abusive, violent boyfriends and husbands, you might be sued. you might lose your government contracts. churches and christian schools and hospitals. they could lose their tax-exempt status or be sued by joe biden's department of justice. or if you want it farcical but another example. notorious democratic donor harvey weinstein could transition to being a woman in the equality act would require the government to put them in a women's prison. this is the height of folly. we need to respect the rights of all americans while continuing to treat all americans with dignity and respect. we shouldn't impose these kind of radical laws on our society. >> shannon: that debate continues. quickly, we reported earlier about the back-and-forth with the claimants are, former secretary john kerry being photographed on a commercial flight with his mask off. mr. kerry said it was momentarily for the passenger says it was at least 5 minutes. we are being asked to do things that feel inconvenient. and aren't exactly what we want to do. but we have leaders who are out there to be not obeying the same rules. >> [laughs] i guess we can say is better than john kerry finally decided to fly commercial. as a poster jetting around in gulfstream's all over the world. while he supposedly trying to solve the climate crisis. leaders should try to set a good example if they're going to impose rules on the american people, they should follow them as well. we can show grace as well and recognize that everyone is struggling at times to get their mass, or maybe forget to put it up. i don't know the circumstances. john kerry has a long record of imposing one set of rules on americans are not following those rules as is evidenced by his jet-setting around the world try to save it from climate change when he's burning more carbon that one person a dozen entire year. >> shannon: i was surprised he was on a commercial flight. all of us all the time or being washed. we have to behave ourselves. senator cotton, great to see you. >> great to see you. thank you. >> shannon: l.a. district attorney george gascon putting the gang unit on the chopping block? 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"i asked gascon about the gang unit and he said he's evaluating all functions of the office to move into a 21st century approach to the job and look at where resources can be moved." what does that say to you? what do you know about the gang unit and what would be the purpose of scaling it back? >> the morale in the district attorney's office office is at an all-time low. so many honorable deputy district attorneys in in the hard-core gang unit fighting for victims of gang violence on a daily basis. to say that you want to expand their unit, the deputy district attorney's not knowing if they're going to have a unit day today, it's unfair to the deputy district attorney and more unfair and unjust to the people of los angeles. so many people are victims of gang violence. george gascon celebrated his first 100 days in office and said he saved millions of dollars not charging gang enhancements, not charging gun allegations anymore, abandoning mothers of children murdered children when they go to parole hearings. they have to go on their own. dropping the death penalty for four separate police officers who were brutally murdered, for children tortured and murdered, for a man who went on a shooting spree and killed five individuals, for another man who raped and killed a 17-year-old girl and killed a 22-year-old young lady. things are going on in our office, completely unbelievable. public policy is not a business. i want to ask george gascon what price is he putting the life of sergeant steve bowen? what price to put on the life of officer juan diaz? what price do you put on the life of little anthony or julian? george gascon needs to stop worrying about money and he needs to start worrying about people. he needs to start doing his job as a district attorney. he needs to start fighting for people and is not doing it. >> shannon: lets let folks hear from some victims where the family members of victims about how they feel about his policies. here are some of them speaking out. >> i'm fighting for my son, fighting for what's right. >> he didn't seem like he cared. >> you're taking everything away from the victims. >> it's not fair. please just get this man out of here. we need the help. >> shannon: the recall effort has been started but the things that you've described, the things of the families are talking about, it doesn't seem to make sense to the rest of us. cost-cutting is one thing. making the best use of your resources but can you explain to us what is the motivation? >> listen to those victims. listen to the surviving family members. george gascon just doesn't care. he's pro-criminal and anti-victim. he does not care at all about victims or victims rights. he only cares -- >> shannon: let me stop you for a second. to say that ndaa is pro-criminal and anti-victim is a big statement to make. do you mean that literally? >> i do. every time george gascon speaks, he keeps saying that he's more worried about the criminal, the wrongdoer. he constantly calls them victims. he says murderers are victims. and he never addresses the issues of victims. actual survivors. their family members. he never talks about prosecuting cases. he never talks about public safety. he doesn't talk one bit about punishment or personal accountability. i don't understand what he thinks a district attorney is. i think he thinks district attorney as a public defender and it's not. that's not our job. >> shannon: that's the exact opposite of what you're called to do. he made it clear what his policies will be. he was elected and the recall is in place we will see if it goes the way many others in california are asking and hoping. john, thank you. keep us updated and come back. >> thank you, shannon. >> shannon: today is the deadline and backers of the gavin newsom recall effort say they've got more than enough signatures. what happens next and how long might it take? we'll explain next. if you have obstructive sleep apnea and you're often tired during the day, you could be missing out on amazing things. sunosi can help you stay awake for them. once daily sunosi improves wakefulness in adults with excessive daytime sleepiness due to obstructive sleep apnea. sunosi worked for up to nine hours at 12 weeks in a clinical study. sunosi does not treat the cause of osa or take the place of your cpap. continue to use any treatments or devices as prescribed by your doctor. don't take sunosi if you've taken an maoi in the last 14 days. sunosi may increase blood pressure and heart rate, which can increase your risk of heart attack, stroke, heart failure, or death. tell your doctor if you have a heart condition or high blood pressure. sunosi can cause symptoms such as anxiety, problems sleeping, irritability, and agitation. other common side effects include headache, nausea, and decreased appetite. tell your doctor if you develop any of these, as your dose may need to be adjusted or stopped. amazing things happen during the day. sunosi can help you stay awake for whatever amazes you. visit sunosi.com and talk to your doctor about sunosi today. >> shannon: the next step in the effort to cancel california governor gavin newsom underway today. chief correspondent jonathan hunt reporting in l.a. good evening, jonathan. >> good evening, shannon. recall supporters are celebrating the delivery of, they claim, more than 2 million signatures. backing the recall effort against governor governor newsom. they are also well aware that there is still a long, laborious process to go through and that in a democrat-controlled state like california, that process can easily be slower ruled by officials who back the governor. here's what happens next. all california counties now in possession of the recall signatures have until april 29th to verify their authenticity. they pass on the verified number to the california secretary of state. how are they verifying? by signature matching. the slant of the writing, spacing and shaping of letters among the characteristics looked at. political affiliation and race cannot be considered. recall organizers need 1,495,709 verified signatures to trigger the recall. they tell us they are confident they have more than enough. >> we know who's signing our petition. we know we are and we want to make sure it's vilified and verified. so that we know. >> as for who might run against newsom the list will probably be long but not overly familiar to most californians. a wealthy republican businessman and a former mayor of san diego among the most prominent likely candidates. and uncaring the sort of star power arnold schwarzenegger broad when he defeated governor gray davis in the states last recall election back in 2003. shannon. >> shannon: jonathan, thank you. good news before we say good night. in arizona, julio fulkerson celebrated from her family for almost a year, during a family s attending a class when great grandma joined in and started dancing around. mom got the whole thing on her phone saying she was in happy tears by the end. it's adorable. that's it for us in washington. good night. i'm shannon bream. to help ou'l needs... giving us confidence in our future... ...and in kevin's. voya. well planned. well invested. well protected. ♪ and a little bit of chicken fried ♪ ♪ cold beer on a friday night ♪ ♪ a pair of jeans that fit just right ♪ ♪ and the radio up ♪ get 5 boneless wings for $1 with any handcrafted burger. only at applebee's. feeling sluggish or weighed down? 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