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at the lowest levels in nearly 40 years, 1984 to be exact, kevin. here's our colleague edward lawrence in the briefing room earlier. >> is there a concern that the reserve is not high enough now to handle the aftermath of this emergency and other hurricanes that could come? >> we will continue to assess after the storm passes to see what the impacts are and make sure we're putting measures in place to support any gas we might identify. >> while the president boasts about the price of gas decreasing in part to his tapping into the strategic oil reserves it's noticeable the price of gas is more than 50% greater than when he took office. >> and still rising in places like california. lucas tomlinson for us, lucas thank you, i'll see you again in just a few >> meantime wawa convenience stores in philadelphia facing a unique brand of criminal. lawless teen-agers. we have video of a ransacking that one philadelphia inquirer columnist described as a scene from the apocalypse.

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to make land fall in just a matter of hours. and flooding already reported tonight ahead of the hurricane. this video just coming into us from key west florida. as you can see, one resident's basement is already flooded and there obviously many more just like it. plus, we showed you video last night of a wawa just outside philadelphia being ransacked and now we have brand new video giving us a much clearer picture of the roughly 100 juveniles some as young as ten years old causing thousands of dollars of damage. tonight how other area stores are looking to confront the increasingly rise in crime. it is a real problem across the country. and as you know we're also just days away from online applications being made available for president biden's student loan handout that could be put on hold, frankly, as there is a new legal challenge to tell you about tonight. we're going to talk to the group that has filed a lawsuit later in the show. but we begin this hour with hurricane ian expected to make land fall sometime wednesday

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i can go back and remember my time in the white house when president trump was talking about modernizing our legal immigration system. while also making sure that we stop the flow of illegal immigrants, drugs, gangsters and crime that was flowing across our southern border. >> lesley, there's a way to be humanitarian, there's a way to look out for those who would come here seeking a better life in an orderly legal fashion, and, yet, there's an argument to be made here that we do have the capacity. that's what democrats say. we can take care of people. i think the argument on the other side is, fine, they can come, just come legally, come through a border crossing. this seems to be basically an open border. do you disagree with that? >> yes, i disagree. it's not like it's a door that was closed during trump or any republican president when democrats are there. here is the problem. no president, democrat or republican, has the power to fix this. the only way this gets fixed is if you change the asylum laws.

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psychiatrist. >> kevin: psycho analyze your dreams. >> i'm in a fight. >> kevin: i did have a nightmare once where i wanted to scream but nothing came out. i don't know what i was afraid of but whatever it was i was -- >> for an anchor that's a nightmare not being able to talk. >> kevin: i couldn't say a thing. lt thank you >> the attempt to block the president's student loan bail out some call it a bail out some call it a handout some call it ace handoff. we talk to the group bringing that lawsuit next. ♪

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and a lot of people would agree with part of what you said and disagree with the idea that maybe they should wait in their countries of origin to figure it out but that's something congress can do. in the 30 seconds and i apologize that we only have left because of the breaking weather story, there's news of potential yellen departure after the midterms. 15 seconds each. mark will that make a difference or no? >> no, because you have failed problems coming from the top. look, everyone on biden's economic team should be fired, not allowed to resign. they've led to the worst economy since the 1980s, gas prices, groceries, inflation out of control. people tired of it. >> lesley, wrap it up for us. >> i totally disagree. i don't think that we're going to see a departure of ms. yellen, especially depending on who wins the control of the senate and by how many seats. i think it would be a political headache. you have to go through senate confirmation. i don't think it's a headache this administration wants to

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college, who haven't taken out student debt. if it goes through, it will be the most expensive executive order in american history. >> kevin: strong words there by betsy devos. the debate over the president student loan handouts spilling over into an actual lawsuit. the first one being filed in the great state of indiana where a plaintiff claims the tax penalty from his state will be more harmful than actually helping people with loans. and this is a very interesting topic. here to discuss is larry saltsman the litigation director with the pacific legal foundation representing the plaintiff. larry there are a number of questions i have for you. i think the obvious one is this one. if you went to college and you took out a loan, you're responsible for the loan. you should pay for it. if you didn't go to college, didn't want to go to college, didn't have the grades to go to college, did something else with your life, you're driving a truck, why on earth should be you on the hook to fund somebody else's education? >> yeah, i think that's right.

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it's a deeply unfair policy to people who didn't go to college, who went to college paid off their loans or avoided loans all together and are now being asked through taxes to shoulder the burden of those who took out loans. whatever the policy though, the lawsuit that was filed is simple. it's that congress just did not give the president the authority to execute this sweeping debt cancellation program. >> kevin: when you talk about cancellation and i know that's even a loaded description because while the white house is saying this would cancel up to a certain amount of money, the truth is, they're really just shifting the burden, are they not? >> yeah, of course. money has to come from somewhere, and as you said before, there are people who made a choice who pursue a career, didn't require college. they're just the forgotten people in this whole program. >> kevin: yeah, let me share part of the complaint and it's an interesting one. it says this in part, in the rush, the administration has

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to help. >> biden had already called three florida mayers hours before speaking with florida's republican's governor who has clashed with biden since taking office on education, covid, mass immigration to name a few. for much of the day the white house peppered with question about why the conversation did not happen sooner. here's biden's fema administrator. >> we do not bring politics into our ability to respond to these disasters. we are going to support whatever governor desantis asks of us, we signed his emergency declaration within hours of him sending it in we'll continue to do that as we see what the impacts of this storm are. >> hours ago white house press secretary karin jeanne-pierre tweeted president biden spoke with governor desantis of florida to discuss the steps the federal government is taking to help florida prepare for hurricane ian. the president and the governor committed to continued close coordination. with the hurricane barreling down on florida, new concerns tonight about the nation's strategic oil reserves currently

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immigration, and the fear that somehow america's character is going to be changed if people of darker shades, there are too many of them here. >> you know what's racist? when biden doesn't care about the dead bodies that did cartels leave on texas farms and ranches across the southern border. you know what's racist? that biden will do nothing to stop the 100,000 fentanyl overdoses that happened last year. >> it used to be a thing. you could disagree agreeably, mark, and not basically call out your political adversaries racist but that appears to be what the former president is saying here. >> you're exactly right and it's because he doesn't have any answers. he didn't have any answers, biden doesn't have any answers, and what really only worked is, what's happening under the trump administration and we are he a seeing it play out. this has nothing to do where people of color it's about a legal immigration system. we're a country of immigrants.

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ready to get off of this key at some point early tomorrow so we also do not experience this storm surge. back to you. >> thank you so much. that is incredible reporting and good advice, especially if you are in the northeast quadrant of that storm, you have got to get out of the way. turning now to how the hurricane is even impacting politics. president biden crossing the political divide tonight to speak with florida's governor, ron desantis, with whom he's publicly clashed on a number of issues like covid-19 and illegal immigration. correspondent lucas tomlinson has more for us on that story tonight. hey lt. >> good morning kevin. with hurricane ian bearing down on the florida gulf coast governor ron desantis who early said he didn't have time for pettiness appeared grateful after speaking with president biden. here he is with sean hannity. >> the biden administration has approved our request for a pre land fall declaration and did that very quickly. so we're thankful for that. it's my sense that the administration, you know, wants

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