on cnp.com. so listen. also watch and listen "jesse watters primetime" 7:00 we have sarah huckabee sanders and also invaded a dark side convention. we interviewed vampires and gotts and some really strange people. >> judge jeanine: where did you find them? zess jess new jersey. >> dana: that's it for us everyone. "special report" is up next. >> bret: thanks, dana. welcome to washington. specifically welcome to capitol hill. i'm bret baier. we are in the office of senate minority leader mitch mcconnell and we will speak to the leader in just a moment about a whole host of issues. it's been a busy day. an historic day here on capitol hill with the confirmation of president biden's nominee to the supreme court judge ketanji brown jackson. she will become the first black woman to sit on the u.s. supreme court. also today, confirmation that house speaker nancy pelosi tested positive for covid as there are battles over covid funding here on capitol hill. and congress putting the screws

again to russia and vladimir putin. following all of that and the latest developments, congressional correspondent chad pergram just down the hall here on capitol hill. good evening, chad. >> good evening, bret. a wife, a mother, a federal judge, and ketanji brown jackson will soon be a supreme court justice. just the third african-american to ever sit on the high court and the first black woman, the 116th supreme court justice in history. >> the yeas are 53, the nays are 47. and this nomination is confirmed. [applause] >> jackson secured bipartisan support three g.o.p. senators voted yes. mitt romney, lisa murkowski and susan collins. murkowski and collins voted for jackson before. >> we want to make our justice system look much more like america. and today we took a giant stride

forward in giving this judge, ketanji brown jackson her chance, a lifetime chance to serve on the united states supreme court. >> the only black g.o.p. member of the senate tim scott voted no. scott says democrats and president biden only promote diversity when nominees conform to their orthodoxy. >> to stop and pause for just a minute and ask ourselves when then senator biden had a chance to make sure that the court continued to have minority representation, what did he do? he said to clarence thomas no way, no how, not on my watch. he did everything in his power to make sure that the court that he now is concerned about diversity would have been completely white. >> jackson won't take her seat until after the supreme court term ends this summer. that's when justice stephen breyer formally steps down. it's rare for a confirmed justice to wait so long to take

the bench. also today the house and senate finally synched up on two bills to punish moscow for the war in ukraine. one bill to revoke normal trade status with russia and belarus and a bill to ban the importation of russian oil. >> the legislation will go a long way to landing a painful, severe blow on putin's economy. it will hinder his ability to keep funding his war machine. >> but the sides can't get a deal on covid aid package even as covid engulfs the cap attachment house speaker nancy pelosi tested positive and greg meeks and susan collins. press corps were waiting for pelosi's weekly news conference when the pelosi news broke. everyone dashed out of the room like they were shot out of a cannon to report the news. 126 members of congress have tested positive this year. 29 since the first of march and 9 members this week.

bret? >> bret: chad, thank you. now for a look at headlines here in the u.s. and around the world. joined by my colleague mike emanuel at the d.c. bureau. thank you, mike. >> thank you, bret. ukraine foreign minister pleading for more weapons from members tonight. there is a media report that blamed for the alleged atrocities in bucha is following on russian military unit known as wagner group comes as russian troops retreat from northern cities leaving behind crushed buildings, littered streets and residents in dire need of food and other need. the united nations general assem whether i has voted to suspend russia from leading human rights body over allegations of horrific human rights violations by russian soldiers in ukraine. russia is only the second country to ever be suspended from the human rights council which was established in 2006. federal prosecutors have charged two men with posing as federal agents giving free apartments and other gifts to secret service agents. the two men were taken into custody as more than a dozen fbi agents charged into a luxury

apartment building in southeast washington wednesday evening. stocks were up today. the dow gained 87, the s&p 500 rose 19. nasdaq finished ahead 8. bret? let's send it back to you. >> bret: mike, thank you. senate minority leader mitch mcconnell. mr. leader, welcome back to "special report." >> good to be with you. >> bret: senator, pelosi tested positive for covid today. more than two dozen lawmakers have tested positive in last few weeks you have. concerned about another covid outbreak on capitol hill. >> i think we have had these outbreaks periodically over the months. i think covid is not completely over. but we will deal with it as it comes along. >> bret: president biden says if another waves comes that the u.s. may not be ready because of a lack of funding in congress. senator schumer says this: >> our republican colleagues think they may be gaining some temporary advantage but god forbid a secondary hits and people ask why aren't the

vaccines there? why aren't the therapeutics there? the answer will be the senate republicans to a person blocked the ability to move forward and let this legislation done. >> bret: how do you respond to that? >> the answer is as follows: we had agreed to a $10 billion package paid for by that i mean using re-purposed funds from the $2 trillion package the democrats jammed through on a party line basis last year. so it wasn't new money. reprogrammed existing money. but, in the meantime, as i'm sure fox has covered extensively, there was the decision about title 42 and reeking further havoc at the border with the argument that somehow covid was behind us. making that same argument at the same time. so all we said was we want to offer an amendment. >> bret: so will we see republicans putting title 42 reinstatement on every bill

coming down the pike here? >> let me emphasize it wasn't just republicans. you had both arizona senators, senator from montana all democrats. senator from montana, senator from new hampshire, democrat. a long way from the border all agreed with us, this is a disaster russ decision. >> what do you say to the people who say it's cynical to wreck the covid bill funding because of that? >> i will say you are mistaken. i think it's entirely relevant to the decision on the $10 billion. all we were asking for is an amendment. i think the majority leaders are afraid the amendment would pass because a number of his members agreed with us. >> bret: this is a big issue. texas governor greg abbott is in the middle of all of. this yeah. >> bret: he has a solution. here's what he says. >> they are moving across the entire country. as they move across the entire country, what better place for them to go to than the steps of the united states capital. they are going to see the wonderful capitol but get closer to the people who are making these policies that are allowing people to come across the border illegally. >> bret: what do you think of that move. >> i certainly understand his frustration. i mean, this is a federal

government responsibility. he is living with the consequences of it and i certainly understand his frustration. >> bret: how big an issue will this be in the election coming up? >> huge. even before this relickless title 42 decision, making border situation even more disastrous than it already is. one of the things the previous administration did well is it got control of the border. the president promised to come in and change everything. he did. we have open borders now, almost. so it will be a huge issue in the fall election. >> bret: ketanji brown jackson will be justice jackson on wednesday you said this. >> she apologized to the self-described king pin that she wasn't allowed to go softer. the fentanyl king pin will be coming soon to a neighborhood near you. thanks to judge jackson. >> bret: it used to be that nominees were not attacked over

ideology especially if they had the votes which clearly the democrats did at this point. do you regret any of the rhetoric under this nomination process. >> no. ideology is the point. she was treated very respectfully. we looked at her record. and she had two serious flaws from my perspective. number one, she wouldn't join justice quincyberg and justice breyer in denouncing court packing, which is simply an attack on the institution of the court she is now going to be joining. bad decision. number two, she had a clear and demonstrable record of sentencing, particularly in child pornography cases, for example, below the guidelines. so, the judge is a judicial activist and i don't think the president will be disappointed. but her record and her philosophy is entirely relevant to the decision as to whether or not to advise and consent. >> bret: you had three republicans vote for her, including republican from alaska, lisa murkowski and in

her statement she said she was going to vote for judge jackson because it, get: also rests on my rejection of the corrosive politicization of the review process for the supreme court nominees which on both sides of the aisle is growing worse and more detached from reality by the year. now, you have called your refusal to hold the confirmation hearings for president obama's nomination merrick garland one of the most consequential things you have done in your career. but how much do you think that that added to the politicization that senator murkowski references in her statement? >> well, hardly at all. because joe biden when he was chairman of the judiciary committee in 1992, was a republican president and a democrat senate, even though there was not a vacancy, he offered the following thought that if president bush made an appointment that year the presidential election your they would not confirm it 18 months before the end of bush 43's term. both harry reid and chuck schumer said the same thing. we had not confirmed a supreme

court justice in a presidential election year when the senate was a one party and the president was of another since 1888. the decision i made was entirely consistent with what i know they would have done had the shoe been reversed and what, in fact, was a tradition going back to 1888. >> bret: you seem to suggest today in an interview kind of with a nonanswer that you won't confirm a justice or put a justice up if you have the majority next year should a seat become available. is that accurate? >> yeah. i'm not going to announce what our agenda might be. on appointments before we even become the majority. i hope we are in a position to make a decision. some of the appointments we would like to discourage are all of these agencies and executive appointments that have been going to people who are on the radical left who have created a lot of the problems that the country is wrestling with now. so the senate is in the personnel business. and i'm confident we will use

our influence to try move the administration in a different direction. >> bret: do you agree that it's become toxic? do you think that the confirmation process could calm down from both sides. >> it depends on what your definition of toxic is. justice jackson was treated respectfully. we talked about her record and her record only. if you wanted to talk about the way they treated robert work, bork or brett kavanaugh that's my of a disrespectful process there was nothing during the jackson confirmation that was related to her record, which is the precisely what the consent process in the senate is about. >> bret: what is your assessment of how the white house is handling russia's invasion in ukraine? >> too little too late in most instances. i think the president has been a little too cautious. he has generally gotten to the right place, we need to give the

ukrainians everything they want as my colleague ben sasse says give them anything that will shoot. they have demonstrated they have the willingness to fight. the ability to fight. and our goal ought to be to win. >> bret: do you think the biden administration wants ukraine to win? >> well, i sure hope so. i can tell you a bipartisan group of members of congress want the ukrainians to win. they believe they can win. and we want to help them win. >> bret: and do you think it's genocide what's happening on the ground there? >> that's what the ukrainians have observed. no question these are war crimes. of course, putin is not going to be deterred by being called a war criminal. he will be deterred on the battlefield. and so what we need to do is give them every single useful weapon they ask for and need to beat the russians. >> bret: you are seven months out from the next election. you feel or sound a little confident about where republicans are. what are the big issues and how do you feel this far out?

>> we are optimistic. the president's numbers are terrible. whether it's inflation, the border. we have been discussing crime, what's happening in our schools. so far the american people, i think are clearly unimpressed with this entire democratic government. we had two votes that actually indicated dissatisfaction, virginia governor. the race in new jersey, where a candidate on our side had almost no money almost won. it was clearly a referendum on how people felt about the biden administration. so i think the atmosphere is good. the wind is at our backs, we need to make sure we have fully electable candidates nominated in all of the senate races are going to determine hot next majority leader is. georgia, north carolina, pennsylvania, new hampshire, ohio, missouri, ohio arizona. that's where the majority lies and i'm on mits stick we are

going to get there. >> bret: you didn't have notes for that. >> i will tell you these things. >> bret: senator mcconnell we appreciate your time. >> thank you. >> bret: mike, we will send it back to you from capitol hill. >> mike: up next go to the white house for reaction about the news of nancy pelosi covid-19 c9 diagnosis shortly after appearing with president biden. >> is there a threat that this is going to be a national security problem? >> i don't think, peter, we can assess where they got covid or where they -- where they acquired covid. ♪ ♪ ♪ brel can help you say i'm in for what's next. ready to create a bigger world? -i'm in. ready to earn that “world's greatest dad” mug? -i'm in. care to play a bigger role in this community? -i'm in. enbrel helps relieve joint pain, helps stop permanent joint damage, and helps skin get clearer in psoriatic arthritis. with less pain, you're free to join in.

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and once in a lifetime moments. two tickets to nascar! yes! find rewards like these and so many more in the xfinity app. >> mike: ukraine is telling residents of its industrial heartland to lee while they still can after russian forces withdrew from the outskirts of kyiv to regroup for an offensive in the country's east. correspondent alex hogan is live from lviv. her report contains imams some may find disturbing. good evening, alex. >> good evening, mike. the u.n. voting to remove russia from the human rights security council. meanwhile a ukrainian official today saying after days of stalled attempts, 5,000 people have been successfully saved from various cities across ukraine in need of evacuation. but they are the lucky ones most are not so fortunate.

>> brick by brick, rescue teams searched for bodies in the rubble. police say hundreds of civilians are buried under these blown up buildings just # 0 miles outside kyiv. ukraine's interior minister believes it's one of the most destroyed towns in his country. >> today we are witnessing one of the biggest tragedies of ukraine. >> in the east, the luhansk military governor telling citizens there to evacuate before it's too late and conditions shift to the desperate scenes of trapped starving residents in nearby mariupol. russian forces in the last day hammering the city win ceased air and artillery making for treacherous conditions for those trying to escape. >> i think it is important that these people are given the opportunity to get out from hell because this is really a difficult situation there. >> further to the west in the southern part of the country ukrainian counter attacks in

underway in kherson. meanwhile diplomatic talks taking place in brussels betweef tremendous solidarity for ukraine. >> doing everything that we can to continue not only to sustain our support for ukraine but to build on it. >> ukraine's foreign minister dmitry responding that support should come in the form of arms. >> i think we deal the ukraine is offering is fair. you give us weapons. we sacrifice our lives and the war is contained in ukraine. this is it. >> according to the pentagon, all russian troops have cleared the capitol region as some residents return. ukrainians uncertain of what they will come home to as police deliver the dreaded news to the families of the about bucha victims. for two sister was holding their breath, it's news they thankfully never received. >> in is the first time we met and today we heard each other for the first time. >> after 42 days of wondering if

the other was still alive, sisters finally reunited. >> german media are reporting that intercepted radio calls between a russian mercenary going by the name of wagner group might be leading a potential leading role in the atrocities we are seeing in bucha. mike? >> mike: alex hogan in lviv tonight, many thanks. there are concerns tonight about the rising number of covid-19 cases here in washington. house speaker nancy pelosi tested positive after appearing with president biden at a white house event. white house correspondent peter doocy joins us tonight. good evening, peter. >> good evening, mike. the people here who recently relaxed covid guidelines aren't as relaxed now as the protective bubble that's been put in place around the president to prevent him from catching covid as almost been popped. >> he was tested last evening and tested negative. >> but speaker pelosi who

planted one on the president tuesday tested positive today. the white house insists she is not a close contact. >> how can you say that president biden was not in close contact with speaker pelosi when there is video of the speaker kissing him. >> well, peter the way it is defined by the center for disease control the cdc and their definition of it is 15-minutes of contact within a set period of time and within 6 feet. it did not meet that bar. >> the vice president's communication director jamal simmons also positive. >> we announced yesterday the vice president had a close contact. so if the white house wants to follow cdc rules then in this case the rule for the v.p. is wear a well fitting mask 10 full days any time you are around others. but today, even though she tested negative, she was spotted mask-less. >> i know that she was alone kind of on the dies for the vast majority of that. >> the glitzy gridiron dinner in

saturday is now linked to positive cases of the v.p.'s comms director plus at least two democratic member of congress, one republican senator, two members of the cabinet and the president's sister israeli plus half a dozen journalists according to the "the washington post." all this the same week the president celebrated success against the virus. >> we passed a landmark american rescue plan, which not only helped us in the covid-19 get it under control. >> just last night, fox took the president's temperature about the current spike in cases. >> mr. president, are you worried at all about covid coming back? >> [inaudible] >> they are going to host an event here at the white house tomorrow celebrating the supreme court confirmation. remember, when the last president did that, then candidate biden dismissed the event as a super spreader but officials here insist that now it's okay because the event will be entirely outdoors and vaccines are available.

something else then candidate biden said that he was going to shut down the virus, hasn't happened yet. mike? >> mike: peter doocy live on the north lawn, peter, thanks. up next, fox news will be on hand as texas runs a massive migration bill. first, beyond our borders tonight a turkish court decides to transfer the title of 26 saudis accused in the killing of journalist kenosha to saudi khad arabia. shooting incident in central tel aviv happened in downtown area with several bars and restaurants packed with customers. tensions have been high after series of attacks by palestinian asill yents killed 11 people just ahead of the holy islamic month of ramadan which began nearly a week ago. and this is a live look at tokyo, one of the big stories there tonight, defense ministers from japan and the philippines

agree to bolster security operation and expand joint military exercises. the decision comes amid growing concerns about china's increasingly aggressive military actions in the region. just some of the other borders -- some of the other stories beyond our borders tonight. we'll be right back. ♪ ♪ help our friends in need ♪ you can count on me ♪ like 1, 2, 3 ♪ i'll be there ♪ but he was busy working from home... ...so he scheduled with safelite in just a few clicks. we came to his house... ...then we got to work. we replaced his windshield and installed new wipers to protect his new glass, while he finished his meeting. let safelite come to you. >> man: looks great. thank you. >> tech: my pleasure. that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ ♪ ♪

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♪ walking on ♪ ♪ walking on the moon ♪ ♪ some ♪ ♪ may say ♪ ♪ i'm wishing my days away ♪ ♪ no way ♪ ♪ walking on the moon ♪ ♪ >> mike: breaking tonight a u.s. appeals court has reinstated president biden federal employees -- 2 to 1 at the fifth circuit. it lift an injunction lifted by a federal judge in texas in january. the president ordered about 3.5 million government workers to be vaccinated last september. the case could wind up before the u.s. supreme court. a bizarre story in the nation's capital tonight involves two men posing as federal officers in an influence operation targeting the secret service.

lucas tomlinson has details. >> u.s. officials say both suspects are likely spies who lavish secret service agents with gifts including expensive rent-free apartments. the two accomplices 43-year-old and 45-year-old made their first appearance in federal court this afternoon. one day after the fbi arrested them at a luxury apartment near nationals park in washington. inside their residences the men had surveillance equipment, firearms and a binder containing information on law enforcement officers, defense officials and congressional staffers. in court, alli claimed to have a connection with pakistan's intelligence service. his passport contains both pakistani and iranian visas and showed entry into iran. according to court documents both suspects pretended to be dhs agents in a scam that lasted two years. four secret service agents have been placed on paid leave while under investigation. one of them protected the first lady as part of her security detail. >> is the first lady aware?

how concerned are they. >> i would point you to the secret service who is investigating. >> do you have any further guidance on what these two men were after or who they are working with. >> it's been investigated and i would point you to the proper agencies for any further comment. >> in a statement to fox news secret service said all personnel involved in this matter are on administrative leave now restricted from accesses secret service facilities equipment and systems. both suspects claimed to be work okay a special unit investigating the january 6th riot at the capitol. the two suspects also recruited someone to serve in their task force as part of the recruitment process, the applicant was shot with a bb gun to eval rate their pain tolerance. the applicant was also assigned to conduct research on an individual tied to the defense department and the intelligence community. their cover was blown when the post office began investigating an assault on a mailman inside their apartment building. the suspects may have witnessed. the postal investigators became suspicious when the man said they were part of a bogus dhs

unit. mike? >> mike: nice job by the postal guy. last night we ran a story on ufos based on a report dating back to 2010 that had not been previous yutszly released unverified accounts from witnesses has the pentagon provided an update? >> they sure have mike. the examination of ufo observations was, quote: not the purpose of the advanced aerospace threat identification program who commissioned 1500 page report over a decade ago. after review in late 2009, it was determined that the reports were, quote: limited value. none of the witnesses were side identifiedmike. they did not think much of it. the pentagon terminated the program three years later. lucas tomlinson, thanks a lot. preparations for a nightmare scenario at the southern border are underway right now. as border officials struggle to keep up with the current surge of apprehensions, training for a mass migration event is going on ahead of the lifting of title 42. correspondent bill melugin in

mission, texas with more. >> the texas national guard running drillings in mission, texas today designed to simulate how they would respond to a mass migration event. >> move back, move back. >> the drills ordered by texas governor greg abbott in preparation for the lifting of title 42 next month. hundreds of soldiers and heavy equipment all part of the drill which took place in other border hot spots as well. they are meant to prepare the state for whatever comes after may 23rd. that is when title 42 goes away. and dhs projects the border could see up to 1,000 illegal crossings every single day. >> all troopers and specially trained national guard will be equipped with riot gear in case of potential caravan violence like what we have all seen occur in mexico as the caravans are making their way towards the united states. >> also in mission today,

imbedded with texas dps troopers. they track down and arrest illegal immigrants evading and hiding in the brush. it's a job meant for the federal government. a job texas says it now has to do itself. >> i got one female going that way. >> eventually 17 are arrested. all single adults. this a daily snapshot of texas' operation lone star now in place for a year. meant to surge state resources to the border. there human smuggler arrested by texas dps today told us he was paid $200 per person. he says he crossed illegally with the migrants and was told by the cartel to pick up a waiting car. while in del rio sector, agents encountered this group of eight unaccompanied children. all alone, no parents, no guardians. and, mike, yesterday texas governor greg abbott announced that the state of texas would start busing illegal immigrants to washington, d.c. he said to, quote: bring the border to the biden

administration. he then clarified that the migrants would have to volunteer to go to washington, d.c. or it would be considered kidnapping. today press secretary jen psaki responded to that calling it, quote: a publicity stunt. we will send it back to you. >> mike: bill melugin live in mission, texas. thank you very much. tiger woods is back. the five-time masters champion returned to augusta today with one par opening round comes 14 months after he sustained serious injuries from an automobile accident. woods is four shots behind the leader. up next, the attorney general is under pressure from both sides after the house approves criminal contempt referrals for two former trump aides and later our pal with historic day on capitol hill. ♪ ♪ ur first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread,

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♪ >> mike: new york's attorney general has asked to hold president trump in contempt for not complying with a subpoena to provide documents relating to his business practices. letitia james says mr. trump should be fined $10,000 a way. is he in the process of appealing a february court ruling ordering him to answer questions under civil investigation. james says he is has not appealed a ruling establishing the deadline for him to provide

documents. a near battery line vote in the house has sent criminal referrals two more former trump aides who who have not supplied with subpoenas from the committee investigating the capitol riots. here is correspondent david spunt. >> the legal fate of two former trump white house aides now rests with the department of justice. former trump social media director dan scavino and peter navarro contempt of congress cases came to the doj after house democrats said the two failed to cooperate with the committee investigating the january 6th attack on the capitol. the two follow steve bannon who was a trump aid in 2017 and mark meadows the former president's chief of staff. bannon was charged in court by doj for failing to appear before congress. unlike bannon, meadows still worked for trump on january 6th, 2021. his case was referred to doj in december but he has not been charged. the pressure on attorney general merrick garland to do so by his

own party grows by the day. >> attorney general garland, do your job so that we can do ours. >> many democrats ultimately want the former president to face charges and they are gauging when and if trump is charged whether garland will move. >> the only pressure i feel and the only pressure that our line prosecutors feel is to do the right thing. >> several republicans warned garland not to play politics. >> when we take back the house, it will stop. >> it's rare for the doj to take contempt of congress charges to court. former irs official lois lerner was accused of targeting conservatives and held in contempt for refusing to testify. julie swetnick accused of misleading congress over her claim justice brett kavanaugh raped her in the 1980s. neither was prosecuted by both a democrat and republican run doj respectively. as they wait or the doj to act. the january 6th committee wants

to interview jenny thomas, the wife of supreme court justice clarence thomas and a conservative activist. she is under fire for text messages sent to mark meadows about january 6th and the 2020 election. >> mike, according to that you quinnipiac poll 52% of those polled says justice clarence thomas should recuse himself from all cases involving the 2020 election. back to you, mike. >> mike: david spunt live at the justice department. thank you very much. arizona attorney general mark brnovich's investigation into maricopa county's election results is reporting serious vulnerabilities. the report is not alleging that mass fraud occurred. the report is the latest of a series of inquiries substantial fraud in the state. arizona voted for president biden and democratic senator mark kelly in 2020. up next, the panel with reaction to bret's interview with mitch mcconnell and news that house speaker nancy pelosi tested positive for covid following an event with president biden.

first, here's what some of our fox affiliates around the country are covering tonight. fox 2 in detroit as governor gretchen whitmer asked the michigan supreme court to resolve whether the state's constitution protects a woman's right to an abortion. the democratic governor wants justices to overturn a 176-year-old ban that may take effect if the landmark roe v. wade ruling is vacated at the federal level. fox 13 in salt lake city as delta airlines pilots picket outside salt lake city international airport. they contend they are overworked and say there are too many flights and not enough pilots. a look at truist park in atlanta. one of the biggest story there today opening day for world basic the world champion blafs braves defense their title by hosting cincinnati in evening at truist park. play ball. that's tonight's live look outside the beltway from "special report." we'll be right back ♪ put me in, coach ♪ i'm ready to play today

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votes. we all make tough votes. >> what do you say to the people who say it's cynical to understanding the importance of title 42 to wreck the covid bill funding because of that. >> i think you are mistaken. i think it's entirely relevant to the decision on the $10 billion and all we were asking for is an amendment. >> congress leaving for the easter recess a bit of heart burn for a lot of moderate democratic senators over title 42, decide position hold up $10 billion in covid funding on a day that covid is back in the news. let's bring in our panel, juan williams is a fox news analyst. ben domenech editor of the transom.com and host of the ben domenech podcast on fox news radio and syndicated radio host hugh hewitt. gentlemen, welcome, it's great to have you in the studio. >> it's great to be here. >> big day for supreme court crossed the finish line but then there is some bickering back and for the about the border and covid funding. >> well, i think the first thing to say is what a historic day in terms of having a black woman on

the court. and i think for every black female child in particular. i think for all minority children it's a huge breakthrough when you think of if you are good marshall and san da deo conor and put it in that category. i was so disappointed to see only three republicans would cross the aisle to vote. this was something bret baier touched on with mitch mcconnell is the system for nominating or confirming a supreme court justice broken and it looks to me even right now when you have a highly even republicans who voted against her thought that this lady was qualified. it just seems like the system is broken. that's a bad sign, you know, for an important branch of our executive federal government. >> the three republicans voting yea, collins, murkowski and romney. hugh, your thoughts on where we stand heading into the easter recess excuse me. >> yeah, i think they have a lot of problems left to resolve i thought the interview the bret did with the leader is very revealing. the leader nine months older

than the president. february 20th nine months before president biden. and leader mcconnell is in complete control of that interview. bret asked tough questions. they were obviously not rehearsed. he didn't know it was coming. he left it out of the park every time. he explained why he voted against judge jackson. and why her justice confirmation hearings are different from those that assaulted kavanaugh. and i just sat there thinking to myself i think the president could learn from the leader that he ought to sit down with people like bret and have conversations like that to demonstrate that he is not infirm and that he is in control because the leader was in control. he got his message out. even in the face of tough sustained questions. >> mike: ben, your thoughts? >> i think to circle back to the title 42 conversation, this is going to be hanging over this easter recess in a very significant way. and it -- because it has implications not just for the border but politically for democrats and critical senate seats such as mark kelly in arizona. and i think that what you're going to see is a real dawning, a real appreciation going back

into people's states and districts that congress needs to do something about this because the president really is in a bind. he seems to be in a political situation where he is caving to his left flank on this at a moment that is going to lead to a surge of humanitarian disastrous proportions. i spoke today to texas governor greg abbott for the podcast the con people can find on fox news radio about what they are seeing in texas and he talked about it as being a human catastrophe that is going to flow into states. this is not something that congress can ignore. >> let me say in support of ben's point that i think congress needs to act. i think immigration reform is something that we have been calling for for 30 plus years. the thing about title 42 is the courts have said it was a work around. it was supposed to be for the height of covid. now the courts are saying well, people are walking around, we're back on the panel. why are you still using it. >> because title 42, section 265

passed in 1944 exists for exactly the situation in mexico where they have covid not under control. and the idea that they would lift title 42 section 265 i'm all for greg abbott. greg abbott has done a brilliant thing. bring them to lafayette park and let the federal district deal with them. >> mike: at a time when our southern border is a disaster there are concerns it will get even worse. other huge news of the day today is what appears to be a covid outbreak here in official washington. house speaker nancy pelosi, the biggest name to test positive. let's play the clip. >> we expected there to be ups and downs and increases. and with a transmissible a variant that is as transmissible covid will continue to be with us. >> mr. president, are you worried at all about covid coming back? >> need to fund the covid bill. need to fund it because we have got to be prepared [inaudible] >> are you worried about ba 2?

>> [inaudible] >> a lot of concern about covid. the president is obviously an older gentlemen. there was video of him getting a kiss on the cheek from nancy pelosi. i'm not saying it's transmissible that way i don't know. but your thoughts on covid here in washington? >> well, i think it's -- you know, it's a troubling sign of the times. the gridiron dinner is really now turning out to be the source of so many people think that it was spread at that event. and if you have been to the gridiron, you know small tables and you are all jammed together and the like. but, again, look, you know, nancy pelosi has been vaccinated and boosted, we're told. i think that's the key thing is here, you know, when we hear these reports, we are hearing them about people who have the benefit of the vaccine. china is closing down whole cities at the moment, and why, mike? because their vaccine is terrible. our vaccine actually works. i think this is more reason to say get vaccinated. >> pray for the speaker. she is going to recover. she has had two boosters on top of two doses. i'm waiting to hear super

spreader. remember when amy coney barrett's event was held at the white house remember they said super spreader. the gridiron is a super spreader and white house signing super spreader. the white house wouldn't call it that it was used against president trump. >> mike: supposed to be an event for the supreme court nominee a celebration. >> my only hope as someone who has always believed that the white house correspondence dinner should be permanently canceled come out of that with that being some sideline benefit and i can have another nice night at home with the wife. >> mike: all right, ben, we will mark you down as rsvp no. thanks. >> thank you. >> mike: finally tonight it's a special day not just because -- ♪ >> mike: i jumped of the gun on the graphic not because baseball is back with you because april 7th is national beer day. chains across the country celebrating with deals for not only beer but the greasy food that goes along with it, darker pail, bitter or smooth. craft or draft, 2 # hours

recognize the world's most widely consumed alcoholic beverages aside from water and tea, beer is also the third most popular drink overall, coffee, maybe? i don't know. maybe a recount. tomorrow on "special report," we speak with state department spokesman ned price, thank you for watching "special report." i'm mike emanuel in washington. "jesse watters primetime" is next. good evening, jesse. >> jesse: good evening, mike. thank you. ♪ ♪ ♪ >> jesse: growing up, we were taught no matter who you are or where you were born, you could make it in america. for many americans that means having a house, a yard, a couple of kids and some money in the bank for vacations and retirement. but it doesn't come for free. it takes hard work. a lot of it. we call that the american dream. it's the reason some people want to come here. and there's a chance that being american and having an idea, a busine,