♪ ♪ ♪ ♪ >> sandra: there have been many a series of unedited videos like you just saw and are seeing right here sparking concerns about the health and mental acuity as the president campaigned for a second term as president but they are going after the people who are reporting on it. hello and welcome everyone i am sandra smith in new york and they showed that defense of the president during the white house press briefing at this time yesterday, john. >> john: if you don't like the message blame the messenger that's all they play politics. i am john roberts in washington this is a "america reports" accusing many outlets of deceptively editing some clips and claiming what americans are seen with their own eyes like this. isn't real. >> just because you are standing up listening to music and not dancing that is not a health issue. let's not forget president obama, president biden have a relationship. they are friends. they are like family to each other. and i think that is what you saw. the president walked over to give a thumbs up to divers who had just landed right in front of him. if you run that table a bit longer you see what was happening and what the president was actually doing and it's a cheap fake. >> john: with the latest tactic resonate with voters? we will ask ahead. >> the propaganda involved in the origins of covid-19 is astounding to me. >> this circumstantial evidence is strong this is a man-made virus and probably leaked from a lab. >> like the hunter biden laptop destroyed that expert said it was disinformation. >> whether it was a wet market or the wuhan lab china is to blame. >> sandra: >> john: chat has the latest, chad? >> john, good afternoon. there was a time when talk about a lab leak was dismissed as a conspiracy theory that senators probed deeper today. there are questions about a paper published in the magazine "nature" it dismissed the theory that the virus started in the lab. >> when you write a paper you get it in the journal. we can't control what happens. >> so you are not responsible at all. it's amazing, nobody who was involved in any of this is responsible. never! are so many of your other papers retracted or subjected to formal expressions of concern? four of them, right? >> they were not from my lab. >> they are not europe's? >> they are not mine. >> gary and others wrote they did not think a lab could generate copan covid-19. they argued the virus came via a spillover from animals to humans. gary and his colleagues scored criticism for his article about paris origins from other scientists at the hearing. >> this is the most egregious form of scientific misconduct. publishing a paper you know the conclusions are untrue. >> the emails themselves are unbelievably incriminating. they wrote one thing and said the other with an article quoted 1500 times as it said destroy people's careers. >> there is debate whether major media organizations and the government suppressed the lab leak theory. dr. anthony fauci did not testify at the hearing but now fauci is not ruling out the possibility that the virus turned in a lab. >> we don't know what the origin is i keep a completely open mind. >> rand paul has long been suspected and what sparked the pandemic he says what finding the answers to copan code is "one of the most debated questions of our time." john? >> john: chad pergram with the latest from capitol hill on t that. now to sam. >> let's bring in rand paul ranking member of the senate homeland security committee. senator, great to have you here. i couldn't help but wonder what was going through your mind. one dr. anthony fauci says he keeps an open mind on the origins of covid. >> i figured that would be one more lie because he was never open-minded about this. it's crazy and it came from animals and then he quoted this paper from proximal origins in nature but he helped write the article and he never told anybody he was part of the planning stages for it, but the people who wrote this journal article proximal origins all of them were privately emailing each other saying man, this looks like it came to the lab and it looks like the virus had been manipulative and the public saying the opposite. there has never been an exposure of democracy to this level and i was amazed one of the authors showed up today because it was pointed out to him that he was saying in private that he thought it came to a lab one saying it in public and concluding in a scientific article in fact he says this is not a luxury construct and i made the point that scientists don't typically speak that way. they speak in odds and ratios and likelihood. they don't usually just adamantly say something cannot be true. particularly in this case when we are looking at circumstantial evidence but all the evidence lies on one side that it came from aloud and there is no evidence it came from animals. not 100% certain but it's all circumstantial but there is a plethora of evidence saying it came from a lab. >> sandra: there have been some fireworks in the room for sure. i want to get your reaction to this moment with one of the doctors accusing him of scientific misconduct over this paper claiming no evidence, senator, of a lab leak. listen. >> the authors knew at that time contemporaneously while writing the papers submitting the paper and publishing the paper were untrue. this is the most egregious form of scientific misconduct. publishing a paper where you know the conclusions are untrue. >> there is no fraud. yes indeed some of the authors change their mind during the course of writing that paper over a period of weeks. that is not fraud, sir. that is the way the scientific method works. >> sandra: watch of the american public think of that? >> what they should know is whether the scientists who are publicly saying there is no way it came from the lab were simultaneously saying in private in emails back and forth to each other that this genetic sequence of this virus was inconsistent with natural evolutionary theory. with the expectations of natural evolutionary theory. they did not think it was consistent with nature and at the same time they were saying the opposite. so yes, that is scientific fraud. and i think he was caught pretty much dead to rights on that. i was kind of surprised democrats brought them in because was still saying things that had been largely debunked. speeches senator i wanted to finally get your thought on this, dr. anthony fauci sitting down for a new interview on cbs morning show. and he talked about the mistakes from the pandemic. listen. >> essentially major social distancing in schools was the right thing. how long you kept it was the problem. i kept on saying close the bars open the schools. open the schools as quickly and as safely as you possibly can. but initially to close it down was correct. >> not talking about initially. >> keeping it for a year was not a good idea. >> so we will not repeat it? >> correct. >> sandra: for all of us who had little kids at that time, we know the message was closed on the schools and he stood by t that. >> i wrote a book "deception" and we quote didn't, anthony fauci 26 different times 13 times in favor of closing schools, 13 times often in the same day to open the schools. so he was on both sides. he wanted detention, he wanted to please everyone and if people said it was dangerous he wanted to assure them he knew it was dangerous also and people said the government was going too far he wanted them to like him too but he was all over the map on both sides of every issue but he never was forthright with his goals. i tried an committee of 2020 showing the data that showed the kids were not dying from this, the kids were not being infected all over europe. that sweden was doing fine with the schools open and he would not listen. he was too cool-headed and he said my way or the highway. it's a consequence many, many kids lost a year or two ago of education and some kids from poor less functional families actually were just lost completely to the covid lockdowns. >> sandra: i mean really important that we work through the mistakes or god forbid we have to go through any of this again, great to have you, senator think of coming on today. >> thank you. >> sandra: interesting admission from dr. fauci that it was a mistake in retrospect to shut down the schools. he is saying he was saying close the bars close the restaurant open the schools but it was a question how long it took to say that in what capacity we got the kids back in the school for those of us who had a kindergartner at a time they were masked and sitting very far apart and a lot of times not even into the classroom. >> john: it all seems like a bad dream now, doesn't it? all the stuff we were told not to be true like the arbitrary 6-foot distancing there was never any scientific evidence behind that it was just somebody's gas, member putting a plexiglas in restaurants and on school desks come of that didn't work either. and the masking thing unless you had an letter and 95 mask you may have just been out there in the open. goodness gracious. >> sandra: still some of those outdoor bubble restaurants all over new york city. that they put up in the middle of the street. >> john: i am still seeing people driving alone in their cars wearing a mask. >> sandra: that is boggling. >> john: i still can't figure that out periods if you can figure this out, justin timberlake may be the one crying a river why the star spent his tuesday morning in a new york state courtroom. >> sandra: plus a major win in the fight for fairness in women's sports, the attorney general are standing by together to react. >> for 50 years title ix has allowed girls to compete to xl to get college scholarships. to learn about team building. and to develop the skills that will help them all of theirmy live fs. because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home's value. if you need cash for your family call newdayusa. with automatic authority from the va we can say yes when banks say no. give us a call. veteran homeowners need cash but worried you can't get a home loan because of your credit? 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ask about the power of 3 with ozempic®. norman, bad news... i never graduated from med school. what? -but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... i know... faster wifi and savings? ...i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc? with absorbine pro, pain won't hold you back from your passions. it's the only solution with two max-strength anesthetics to deliver the strongest numbing pain relief available. so, do your thing like a pro, pain-free. absorbine pro. >> sandra: fox news alert as we look at the stock market the dow is under 1700 still when measured by the s&p 500 any game today will be a new record high for the s&p from the broader u.s. stock market. the nasdaq also on track for a seventh straight record close that's the technology heavy nasdaq. so there's quite a rally because of weaker than expected economic data that retail sales we talked about with steve forbes that are weaker than expected read on retail sales is boosting hopes for a fed rate cut hoping the interest rates may come down so the market is playing that end right now the dow is up 5 and s&p and nasdaq on the track for record closes. >> john: it's all hocus-pocus to me. a federal judge in kentucky temporarily blocks the new title ix role in six more states. let's bring in really gains independent ambassador and contributor jason mirrors the attorney general of the commonwealth of virginia. one of the states that prevailed in court. four states had already blocked the implementation of the new revised biden title ix and now virginia, tennessee, ohio, and west virginia added to that rarely come your reaction? >> this is a huge win. of course a huge win for women and girls but really it's a huge win for humanity and objective truth. i have been more hopeful these past few weeks than i have at any point these past two years i have so unapologetically and firmly taken this stand and it's because of people like attorney general marrows and scream eddy of tennessee the other four attorney general's and the other 8 attorney general is now ten states with this preliminary injunction issued to them. i feel very helpful i think the gender ideology house of cards is crumbling and crumbling fast. >> and critics say while title ix's original intent was to preserve opportunities for women in activities what the revised title ix under biden would be to preserve those opportunities for biological men which flies in the face of the original intent of timeline. >> writes, exactly. title ix for half a century has been the cornerstone of protecting women and education k-12 or college specifically it has been one of the pillars for protecting women's sports. the idea that biden would just not go through congress or have a radical new left-wing interpretation of title ix away it has never been interpreted for close to half a century was simply astonishing and that is why myself banded together with so many other ags in virginia like to say we are the people's protector in the attorney general's office saying that is protecting women's sports. we are very grateful for the court considering our legal arguments and we are glad to protect and preserve women's sports in k-12 and higher ed in virginia and other states. >> john: the issue with the chief judge in the eastern district of kentucky judge jenna rees of the following. "despite society's enduring recognition of the biological differences between the sexes as well as the respect for bodily privacy the final rule permits they led biological men and women spaces and women into men's within the educational environment based entirely on a person's subjective gender identity. this result is not only impossible to square with title ix but with the broader guarantee of education protection for all students." you have had, rally, experience in this intimate spaces issue when you were swimming against a leah thomas. for a woman what is that like? >> i think to put it in plain words it felt like betrayal. it it felt like an utter violation and truly it was traumatizing. and not even necessarily traumatizing because of what we were forced to see. a 6'4" man fully naked fully and tactfully exposing himself simultaneously inches away from where we were fully undressed but it was traumatizing for me to know just how easy it was for those people who created and enforced those policies to totally dismiss our rights to privacy without a second thought without bare minimum, john, forewarning us we would be sharing this changing space. that is what the biden administration, that's the message sent to two young girls such as myself. >> john: goodbye demonstration rewriting title ix left out the idea of guaranteeing access to transgender athletes they thougt was a real hot-button issue and if biden gets reelected to another four-year term do you think you lead that in? >> no question but the biden administration what they wrote so-called ""protection" for all activities like locker rooms and sporting events and to echo riley i have talked to some of these athletes and the word they kept bringing up to me was a sense of humiliation during one athlete shared she had to change any janitors closet because of a biological male in her locker room. and who will stand up for us she asked and we will have it give them their right to privacy and the ability to compete in women's sports. spoon also legislator trying to shut down those efforts we will see where it all go spirit attorney general jason, rally gains, good to see you thank you for joining us appreciated. >> good to see you, john. >> thank you. >> sandra: bring new pictures now of justin timberlake the pop star arrested and charged with a dwi overnight pulled over and refused to take a breathalyzer after a night out in one of the red sea towns in america. will bring in the associate director at the daily mail thank you for joining us. obviously no one wants to see this happen and we don't want to think people are out there driving while intoxicated but what we know happen with justin timberlake so far? >> we know justin was out to a boozy dinner with friends at an upscale hotel. he left the hotel and the dinner shortly after midnight and was pulled over by police not too long after that. however law enforcement officials said he was pulled over for a number of reasons. he is sent to a blown through a stop sign and police i'm swerving his car across the street he refused to take a breathalyzer test pair he was kept in a police cell overnight and taken to a courtroom this morning and handcuffed soy pretty humiliating moment for someone who was once one of pop's biggest stars. >> sandra: this is according to court papers published in the ap saying and i am reading directly his eyes were bloodshot and glassy a strong odor of a alcoholic beverage was emanating from his breath. he was unable to divide attention, he had slowed speech, he was unsteady afoot and performed poorly on all standardized field sobriety tests. that's what we know from the court papers. here is timberlake's lawyer saying "the charge was an single count because he refused the breath tests." he was also charged with two citations running a s stop sign and not in the correct traffic lanes has his lawyer. this was interesting according to page 6 on the arrest the police officer, the arresting police officer, was apparently too young to even recognize justin timberlake. i think justin is i don't know in his early 40s, 43 years old, he refused the breathalyzer test and the cop didn't recognize him saying we are told the cop who pulled to blake over he was so young he didn't know that ten time a grammy winner who he was. it will be interesting what they will say in the body can happen with these police. >> interest and they did follow him to the scene and asked the police officers to take it easy on him they pointed out who he was but as you said the police had no idea how fam