a live look at the white house, president biden is set to meet with volodymyr zelenskyy as they push for an aid package before the holiday recess. >> sandra: republicans have indicated they will not approve more aid unless the president and democratic lawmakers agree to pair the package with tougher border policies. retired lieutenant general keith kellogg whether the funding battle could be giving the sluggish inflation a critical lifeline. that's coming up. >> and the only change they have made to their code of conduct where they failed to condemn calls for genocide of the jewish people, the only update to the code of conduct is to allow a plagiarist. >> said context matters. >> claudia gay's race protected her from losing her job putting jewish students in harm's way. it's outrageous. >> john: standing by claudine gay despite uproar over antisemitism and genocide against the jews. >> sandra: sandra smith in new york, this is "america reports". that decision by harvard's board caps off one of the most disastrous weeks in the prestigious school's nearly 400 year history, as top alumni, donors and jewish students on campus said gay's conduct since hamas terrorist attack was unacceptable. hundreds of faculty members warned the board would be caving to political pressure if they removed her. br bryan, what's happening. plagiarism. >> bryan: we spoke with dr. carol swain, tenured at princeton university, and she says she's been shown that gay plagiarized at least twice, without giving her credit. >> if claudine gay had the moral fortitude and integrity, she would just resign. they have given her space now that she should just resign. >> bryan: the harvard corporation says since late october reviewed allegations against plagiarism, a few instances of inadequate citation, the analysis found no violation for the research misconduct, president gay is proactively requesting four corrections in two articles. swain says president gay is treated differently because she's the first black president of harvard. >> if she had been a white male or a white female, she would be gone by now. harvard doesn't get to redefine what is plagiarism, we all know what plagiarism is, she violated that. and she needs to be held accountable. >> bryan: harvard's governing board, the corporation says gay is keeping her jobs despite complaints she's fostered an unsafe environment for jewish students, extensive deliberations affirm our confidence that president gay is the right leader to help our community heal and address the societal issues we are facing. elise stefanik who grilled her on capitol hill posting no updates to harvard's code of conduct to condemn the calls for genocide of jews. the only update is to allow plagiarism, and harvard has forced 39 students to withdraw from harvard for violating their honor code. >> sandra: interesting stuff. john, it's remarkable where we are today but does not seem to be to go any way soon and the universities have to face the music. >> john: harvard is trying, mit as well to make it go away, but as bryan points out, so many rules they have in place that would throw a student out on their butt if they violated them. yet calling for the genocide of jews somehow does not seem to violate that rule unless it's in a certain context. i don't know what context it would have to be in. >> sandra: that is pretty crazy, john. >> john: speaking of rules, sandra, the house rules committee right now formlizing an impeachment inquiry into president biden, setting up a resolution that may be up for a full vote by the house as early as tomorrow. meanwhile, hunter biden scheduled to appear before the house oversight committee tomorrow for a closed door deposition, that's what the subpoena says. members say it's unclear if he's going to show up. kerri kupec urbahn is here with legal analysis, plus jack smith's move at the supreme court. begin with chad pergram live on capitol hill as you like to say, it's about the math. where do things stand at this point? >> john, republicans would not call the vote to formalize the inquiry, they appear to have votes now. mike johnson cautioned it does not automatically result in impeachment of the president. >> people are getting restless, they want things to happen quickly. if you follow the constitution and do the right thing, you cannot rush it. >> you don't think there is an expectation by the base your side is going to impeach -- >> people have opinions on all sides. >> democrats say republicans have the votes to begin the probe because moderates in swing districts change their tune. susan delbanay said voters are watching vulnerable republicans. >> the american people are taking note, nearly seven in ten voters in competitive districts believes house republicans are focussed on the wrong priorities. >> republicans believe hunter biden used his father's name to enrich the biden family. democrats took aim to target the president's son. >> americans will see in joe biden's truck payments some of their own actions to help struggling children. shame on my republican colleagues for trying to turn this fatherly love into an impeachable offense. >> adopting the resolution to begin the inquiry, helps gather information and enforce subpoenas. depositions could run through january. john. >> a lot to look forward to. chad pergram on the hill. kerri kupec urbahn, here to help us break it down and talk about jack smith's move at the supreme court as well. listen to speaker johnson why he thought it was necessary to take it to a full vote in the house. >> following the facts where they lead is sitting a stone wall. the white house is impeding the investigation, not allowing witnesses to come forward and thousands of pages of documents. we have no choice to fulfill the constitutional responsibility, we have to take the next step. it's not a political decision, it's a legal decision. >> john: we are not making a political decision, it's a legal decision. what do you say to his justification? >> standard is pretty high, constitution sets for what crime may be impeached for, treason, bribery and high crimes and misdemeanors. if the white house is impeding efforts but not producing documents it does stall things. interesting what the speaker said and the sound bite at the top of the segment with chad, he said there are expectations on all sides as far as what's going to happen next. i think we should talk about why there are expectations and started with bob mueller, and the catch he brought against trump and resulted in nothing and perpetrated the russia collusion hoax that did not exist and some of the impeachment inquiries and trials of the former president and what bob mueller and the democrats did during the trump administration, they lowered the standards of justice, diminished the standards of justice while raising the expectations on both sides and that created a path towards revenge politics and speaker johnson is right being careful and thorough. what would be tragic, if the republicans start engaging and the same kind of games and abuse, really, of justice this weigh saw occur against the former president. >> john: for all the claims that was a legal decision, impeachment is a political process and where is the bar as you see it between an impeachment inquiry and filing articles of impeachment? >> there needs to be direct evidence of a crime and that's something the attorney general, i worked for, bill barr and the former administration people were confused about or coming to him, this person should go to jail and this should happen and this should happen. a clarifying question he would ask us as senior aides and anyone that came to him. what is the crime. you need evidence for the crime and that's what they are continuing to investigate but to your point, john and i think to answer a question that are on a lot of people's minds, if there isn't that concrete direct evidence put it aside and move on. >> john: speaking of moving on, jack smith is trying to move on quickly with the trial of president trump for the january 6th uprising. he has gone to the supreme court now to ask for a direct opinion, bypassing the appellate court whether or not the former president as a former president is immune from prosecution or is not. smith also says he has got some tantalizing evidence from donald trump's white house cell phone that he wants to bring up in court. what do you think about this whole thing that he is going through? >> as he and his doj team said in the filing, this is an extraordinary request, you bypass the appellate court, he and his time are extraordinarily aggressive prosecutors, and you know, there's a lot of coverage over the so-called wins that jack smith and his team have had over the last month or so. what's not covered as much, john, are the losses that he has been -- that he has been experiencing within those so-called wins. for instance, jack smith and his team asked for a gag order that would have severely impacted donald trump's ability not just to defend himself publicly, but also to speak about his re-elect because they are tied together. the court narrowed the gag order saying it was too broad. civil case, the january civil case, doj weighed in on that recently and asked the court to assume for the sake of that case that donald trump's speech around january 6th was cause for incitement. they are not bringing the charge of incitement yet they want the court to agree, assume that was true, and the court said wait a second, that's not before us. the former president has not appealed that. so, and then lastly, his deputy, jack smith's deputy is aggressive prosecutor as well. fall 2020, when he was at the justice departments, he was not aggressive. doj has an interesting policy where you cannot investigate allegations of fraud in realtime when it's around an election, on its face strikes people as a little bit strange in terms of common sense. bill barr said wait a second, allegations of fraud, you should be able to investigate those in realtime, jack smith's current deputy wrote a memo to bill barr saying this was inserting doj into politics, they shouldn't be able to do that, and what do you know, now they are fast tracking the timeline to get these cases before the supreme court, why, because of politics. and the 2024 election. >> john: before an election. donald trump may have the opportunity to pardon himself if convicted, he has until the 20th of december to respond. great to see you. >> sandra: thank you, thousands of migrants pouring through the southern border every single day. some aparentally are not sticking around once they are here. former acting ice director tom homan up next what migrants are now saying about america that has them turning around and going home. plus this. >> [bleep] [bleep] [bleep] [bleep] >> john: the search is on for a driver in seattle mowing down pedestrians. police ask for the public's help. you're replacing me? 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(♪) every day, veteran homeowners are calling newday to pay off credit card debt that's been piling up. many were shocked to learn they've been paying 22% on their credit card balances. and if payments were late, as much as 30%. that's over three times the interest rate on a newday 100 va home loan. pay off high rate credit cards and other debt with a lower rate newday home loan. you can save $500 every month. i'm a little anxious, i'm a little excited. i'm gonna be emotional, she's gonna be emotional, but it's gonna be so worth it. i love that i can give back to one of our customers. i hope you enjoy these amazing gifts. oh my goodness. oh, you guys. i know you like wrestling, so we got you some vip tickets. you have made an impact. so have you. for you guys to be out here doing something like this, it restores a lot of faith in humanity. >> i love you joe biden, thank you for everybody, joe biden. >> where you from? >> from china. >> how long did you travel? >> one month. >> africa. >> senegal. >> senegal. >> guinea. >> where in the united states do you want to go? >> detroit. >> california. >> new york city. >> new york city. i have family members there. >> sandra: migrants illegally entering the u.s. are thanking the president when they are crossing the border, some are choosing to turn around and go home. they say life is too tough in america, it's dangerous, not finding work, tough to find shelter, it's limited. especially in sanctuary cities, many are forced to live on the streets or in subways. fox news contributor tom homan, former acting ice director. it appears the migrants are coming over still at record rates. >> i'm sitting on top in the marfa border patrol sector, big bend sector, they don't want to be caught. they want to turn themselves in. a very desolate area. so the groups here, they are runners, they don't want to get caught. texas dps are doing a great job, filling the gaps. border patrol are so overwhelmed, large parts of the border which are not covered. we have been patrolling the valleys of this area all morning and looking for the drug smugglers. this unit, this unit here has seized a massive amount of narcotics through this area, on patrol here and then head to el paso where the activity is picking up over there and doing what they can to help the border patrol. >> sandra: interesting. tom, can you talk about the live pictures, we were just looking at lukeville, arizona, which is sort of the epicenter of this migrant crisis. when they separate women and children off, it seems there are way more adult males coming over. we are looking at what is likely some sort of processing that's happening with border patrol there, where we know resources, they are overwhelmed, it's like 200 migrants to one border patrol agent we are told at this point. but what's happening there and why is the problem getting so big in arizona now? >> look, the cartels, they study us every day. they are like a fortune 500 company. they know where the activity is, enforcement resources are. arizona doesn't have the resources texas has so they are swapping to arizona, and look, they know there's very little technology in that part of the border. where i'm standing right now, the cartels know there is little technology so they use it for drug smuggling. yesterday's numbers, over 9,000. you add 1500 got-aways plus the thousands through the port of entry, this is not slowing down a bit. and the reason it's not slowing down is because cartels are selling the actions of this administration. their secretary can say don't come all he wants. as long as we keep releasing around 5,000 people a day to this country, there's no consequence. why would they stop coming? that's why the numbers continue, historic records. i'm being told november numbers out the end of the week, another historic record. >> sandra: wow, that's news right there. this is a chicago activist, raul, slamming his city, chicago, their response to the flow of migrants because we know chicago is getting a lot of people. listen. >> people have been waiting for years, say for example for, to get citizenship and they don't get anything, 40, 50 years, can't get no amnesty, but these people come, they get everything. rent paid, money, phones, etc., what about the homeless people, what about -- >> veterans. >> veterans, exactly. >> sandra: all kinds of problems popping up, including what mayor johnson in chicago is identifying as rogue bus operators. filing a lawsuit, his administration, tom, says the city has filed 55 lawsuits since it implemented new rules where and when busses can arrive mid november. 77 total busses accused of violating rules. some cases are seeking fines against the bus companies. all kinds of stuff is going wrong. but tom, now what we are hearing is that we are so inundated with the number of migrants in these cities, some of the migrants are not happy. this is just some of what they are saying. saying work is more limited than they thought, they are finding it impossible to have a stable life here, they are tired of the system, they say it's dangerous, they are not sure how much longer they want to do this, some say they are turning arounds and going back home. what is your response when you hear that, tom? >> i'll believe it when i see it. we still have record numbers across the border. and the guy just talked about, something we don't talk about. massive numbers across the border making fraudulent asylum claims. you look at the ten years of court data, nine out of ten of these people claim asylum won't get released from the courts, they don't qualify or don't show up in court. while they overwhelm the immigration court system, there are thousands of people in the world that are escaping fear and persecution and death from their homeland. and they are sitting in the back seat because of massive fraud going on. we have millions of people standing in line taking the test, paying the fees, doing the background investigation to become part of this country, resident alien card or become a citizen. they are sitting in the back seat. this administration has not done one thing to slow the flow and that's why the numbers will continue until we get somebody in the white house that's going to enforce the law and close this border down the way it was on the last administration. >> sandra: just incredible. your shot there, alpine, texas, what you are seeing and the number of people you are going through there, eagle pass, texas, the live shot screen right, this is just an incredibly steady flow and as we have been reporting, the numbers are moving up and up in arizona as well. tom, thank you for being here. >> thanks for having me. >> john: quite a scene where tom is. intense battles breaking out in gaza as the idf searches far and wide to capture hamas leader yahya sinwar and find the remaining hostages. live to israel in just moments. >> sandra: plus john, harvard's board is refusing to listen to top donors and alumni who pleaded for claudine gay to lose her job as president. speak with one harvard alum why they are refusing to hold her accountable and the horrific message this decision is sending to jewish students. >> harvard ranks bottom for academic freedom, like they just discovered the first amendment the last two months when the attacks were first time directed at jews. i have moderate to severe crohn's disease. now, there's skyrizi. ♪ things are looking up, i've got symptom relief. ♪ ♪ control of my crohn's means everything to me. ♪ ♪ control is everything to me. ♪ feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. and the majority of people experienced long-lasting remission at one year. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. ♪ now's the time to ask your gastroenterologist how you can take control of your crohn's with skyrizi. ♪ ♪ control is everything to me. ♪ ♪ learn how abbvie could help you save. ♪ my name is josh sanabria and i am the owner at isla veterinary boutique hospital. i was 5...6 years of age and i knew i was going to be a vet. once alexandra called me to let me know that bank of america had approved my loan... it was important to me. we not only just provide the finan