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tv   America Reports With John Roberts Sandra Smith  FOX News  March 29, 2021 10:00am-12:00pm PDT

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ou only pay for what you need? i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ >> sandra: fox news alert, ten months after the death of george floyd witness testimony is now underway as prosecutors lay out their case against former minneapolis police officer deret derek. he was charged. >> john: it i am john rauf or. the first witnesses taking the stand this afternoon, following opening statements and in his opening statements, prosecutor jerry blackwell showed the video of derek shope and pushing his
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knee into george floyd's neck for almost 9 minutes. he faces three charges but the biggest one carrying a penalty of 40 years in prison. our own martha maccallum on a steady buy with analysis but we begin with matt finn live near the courthouse in minneapolis. >> the first witnesses testifying about the 911 phone call. she is a 911 operator and an opening arguments a short while ago the prosecution did not waste a lot of time getting to that now viral video of former officer derek chauvin kneeling on george floyd's neck. the prosecution told the jury that former officer derek chauvin was on his neck for about 9 minutes without letting up. he was pleading for air, calling out for his mother and his own life. people were demanding that police check his pulse and get off his neck. prosecution showed that chauvin defied his oath to serve and protect and take care of people in his custody.
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>> mr. derek derek chauvin defied his badge by using excessive and unreasonable force upon the body of mr. george floyd. he put his knees upon his neck until the very breath. no, ladies and gentlemen, until the very life was squeezed out of him. >> chauvin opening defense saying he went out twice to ask floyd to exchange cigarettes or give them real money but floyd refused. the defense is witnesses will testify that in the meantime in the mercedes suv outside of cub foods, floyd took a" speedball" of drugs, and when police
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arrived three officers could not restrain resistant floyd. >> the evidence will show that when confronted by police, mr. floyd put drugs in his mouth in an effort to conceal them from the police. >> the defense is arguing that george floyd died from an overdose of drugs and aunt and pre-existing conditions. the prosecution is arguing against that saying the video does not show a person dying from an overdose, rather a person being killed. john and sandra? >> john: matt finn for us and obviously breezy minneapolis. martha maccallum is following up on this for her show this afternoon. the prosecution and defense are telling two different stories here, the prosecution insisting it was police restraint that led to the death of george floyd and others saying that doesn't tell
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the whole story. >> there are a couple of dynamics laid out very well. and they showed that his knee was on george floyd's neck. watched in excruciating detail the video that was taken by witnesses, it's a very difficult video to watch and there isn't a lot of dynamic that is at play. you've got the witnesses there and the other police officers being told that this man is under duress. you have a firefighter who wants to step in to administer some first aid to george floyd who is rejected by the police officers on the scene. then on the defense side you step outside of those 9 minutes 29 seconds to what led up to this which matt finn just laid out very well. one of the main questions i think that the defense brought up this morning is the issue of the minute-by-minute decision to continue to apply force.
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and it was mr. floyd subdued? was it possible to get him up off the ground and into the squad car? and that wasn't minute-by-minute decision making it was made on the scene. there's a story on in the courtroom which is based on facts and based on evidence and both sides and the story outside the courtroom where you have a community of minneapolis that has seen a dramatic diminishment of its police force and their ability to arrive to help people on the scene to protect the community and businesses around the community. you have george floyd, it's a very dangerous place and there are no police in there. the businesses in that area and the autonomous zone are under great threat every single night in the city. the issue is, when all that began with the abandonment, you
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saw them fleeing their own police department under direct attack from writers outside the building. the decision was made by the mayor, abandon your post, leave that precinct. and this is what i was talking to with ted williams about when he went down there to that scene, it's still completely charred and boarded up today. >> right after george floyd's killing, this building was abandoned by all of the police officers, the rioters were all outside. >> when i see this building it brings back shocking memories of the night shortly after floyd was killed, that the citizens and the police officers, driving
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away from this building. >> people were throwing things at their cars, firecrackers and yelling at them. >> not only that but they were going in the building, and they were opening file cabinets, throwing things on the floor it was watered down. i've been in law enforcement for 40 years and i've never seen anything like this. >> john and sandra, it's stunning to look at that building today and it represents the larger peak picture of the questions surrounding police brutality and the dynamic of race that has extended across the country as an extension of what's going on in the courtroom there today. b3 it's an amazing seen on the ground after everything was so happen last summer. the headline of the "star tribune" is waiting on the outcome. that city is on high alert, waiting on all of this. speaking to business owners,
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that is obviously in the courtroom. >> there are 14 jurors and originally the judge impaneled to 15. that 15th person was let go this morning, they wanted to make sure they had enough alternates, as you would expect at the outset of any trial. you aren't not allowed to talk about the trial, and your family members will know which trial you are on. but outside of that circle you can't talk about this at all. so they could lose one of them at any moment and that's why they have these alternates in there. it's basically in terms of the makeup of the jury, it's a very diverse jury, ages 20-60, divided between men and women, black-and-white and people of color, about 50/50 in the makeup of the jury. all of that will be something that study very carefully, that
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something that both sides of study very carefully as they approach the jury because they cannot have an unlimited amount of time. they select the witnesses that they want to put in front of these jurors and that's what happened the during the day when that happened to come that's the door they need to crack open. erica nelson is the lead attorney, he's handled many cases in the city of minneapolis and on the other side you have jerry blackwell. you remember congressman, that's a very sharp dynamic. >> john: juror number two the white man in his 20s was the only juror that had not seen a videotape. >> it's hard to imagine somebody that has not seen the video tape. there was a very big push to move the venue of this trial but i think given how pervasive the
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coverage has been, it's unlikely that anyone would have not seen it. they decided to leave the trial right here. i think it's also really interesting to point out that this is televised. it's a first televised trial in the history of the state and the thinking is that because of covid, and it will really serve everyone. this morning at 3:00 eastern time noon pacific time. >> we will be here. >> thank you martha. turning now to our other top story, we are following for you at this hour, the biden administration baking government officials to help manage the president border crisis as health officials are now reporting that 18,000 migrant children are in u.s. custody at
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this moment. this comes as fox news is now confirming the white house is expecting a surge in migrant crossings at our border by children to continue for at least seven months. let's bring in casey stegall, live from eagle pass, texas, with what he's seeing from there. >> sandra and john, good to see you. we are really not seeing any signs of this slowing. in the week before we were in and around the mcallen, texas, area and that's also the rio grande border patrol sector here in eagle pass, it's a different sector altogether. the del rio sector. and the chief here is says in the last few days apprehensions are up 300%.
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there's shots of these two larger groups being taken into custody by agents and perez bill and abram texas. the feds cannot set beds up fast enough and crowding is particularly acute there. >> texas senator ted cruz will be checking out the overall sight of the dallas convention center for migrant teen boys. that is yet another location that the press is still not being given access to despite our repeated requests. >> sandra: casey, thank you. keep us posted, as it continues to escalate. you got many of the mayor is in these border towns but even moving inland, we are talking about a rise in crime rates
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there. they are short on resources and people are for their safety. it's a growing crisis at the southern border. >> john: we will bring back the mirror and he will talk about the problems they are. don mclaughlin will lay it all out for us, it's getting worse and shows no signs of getting better. a former clinton administration, nfc officials say the world health organization's probe into the origins of the coronavirus have been dreadfully inadequate. jamie mansell made this comment during the "60 minutes" interview. >> i wouldn't really call what happened now an investigation. it's essentially a highly chaperoned highly curated study tour. everybody around the world is imagining that this is some kind of a full. this group of experts only saw with the chinese government wanted them to see. >> john: a draft copy of the
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w.h.o. study suggests the virus was likely transmitted to humans from animals and it is it "extremely unlikely" that it was leaked from a lab. and here we have the irony sandra, during the trump administration, the president and everyone on down was criticized for not believing in the w.h.o. and now, it turns out that they really look like they are in the pocket of the chinese. a >> sandra: this takes you back into last thursday as well, there was quick criticism that there was no questions by the press and the first solo news conference for the president on this, what the current president is doing to dig deeper into that. we believe that there. or we are continuing to watch that of in the trial there in minneapolis and will bring that you updates as you get them. but first accusations against new york governor andrew cuomo in claims that he gave his family for special treatment all the while ignoring nursing homes that were begging for access to
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those covid tests. >> john: looked migrant crisis sparking chaos in towns all across the border and the mayor in texas says things have gotten worse since our last interview. how much worse? he will tell us, next. introducing refiplus from newday usa. it lets you refi at all-time low rates plus you could take out $50,000 or more. money for security today, money for retirement tomorrow. refiplus. it's only for veterans and it's only from newday usa.
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>> sandra: dueling demonstrators facing off at a tense confrontation, antifa writers getting violent and causing chaos at a freedom rally outside of the state capital in oregon. officers moving in after one man pulled out a gun and then antifa militants began vandalizing his truck. police declaring his protest and unlawful assembly and at least
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three people were arrested. >> john: that's all going on this time later, the guy driving by in the truck. at that window smashed out as he's driving along, that's dangerous from so many different aspects. a new report says governor andrew cuomo ignored requests for covid-19 tests urgently needed in nursing homes during the early days of the pandemic when supplies were scarce. this comes on the heels of an earlier story that said the new york governor allegedly pulled strings to get his family and friends first in line. bryan llenas is live in brooklyn, new york. if he did denied at covid testing in nursing homes while at the same time procuring them for friends and family members? >> yes, that's the allegation right now. we spoke to somebody named jack wheeler who said back in april of 2020 they had requested covid-19 tests for residents and
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staff of the three nursing home facilities in steuben county. the department of health denied the request for a two out of the three of those facilities but they did get enough test for one of them and it turns out 46 people tested positive. in hindsight though, the denial of those two facilities is not sitting well after there were reports of him giving covid-19 tests to friends and family. >> the priority wasn't on us but we felt like the ask was so small that it was reasonable. that's the frustrating part. we are not asking for a one had a person strike team to dissent from albany, we are asking for a few hundred tests and a few staff members to conduct them to limit the spread in the nursing home. >> the department of health spokesperson says anyone can attempt to rewrite history or rehash out of context
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conversations years later but that doesn't chain the facts. the state attorney general investigations continues into allegations made against governor cuomo and "wall street journal" reporting dozens of subpoenas have been issued to aides and staffers working for the governor. >> john: we will hear about that more very soon. bryan llenas, thanks so much. sandra, it doesn't seem to make so much sense that you would deny covid tests to nursing homes while at the same time getting them for your friends and family. >> sandra: tough story for so many families affected by this to hear. meanwhile there will be a press briefing with one of the latest cuomo accusers which we will turn to sound. on migrant surge on our southern border. they mayor of vivaldi texas says the situation has gotten much worse in his community since the last time we spoke. mayor don mclaughlin jr. joins us now.
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stepping aside from what is obviously a very difficult and challenging situation for your community, what are you seeing there? since we last spoke how has the situation changed? >> it hasn't changed anything. it's gotten worse if nothing else. it just in the last week starting on thursday, right at 7:00 as kids were going to school, we had a pursuit coming into town. they bailed out in a residential area so we had border patrol, sheriff deputies, dps and they have the police department going through the neighborhood looking for the suspects while young kids are getting on buses. on friday, we had three pursuits, to that we were able to stop. the third one jumped out by one of our local elementary schools so we had to put the school on lockdown. we were informed that possibly one of the immigrants had a weapon. we never were able to confirm that because we didn't find it.
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but this is an ongoing deal every day, and everyone talks about the unaccompanied minors, these are not the unaccompanied minors. these are adults coming through and a lot of them have criminal records. to say there's not a crisis here may think you could go to del rio, or you go past 40 miles west of this, they lead the nation in pursuit, and car pursuits right now. i mean this is the wild west out here, it's a matter of time before somebody gets shot or some tickets hurt. a >> sandra: that's chilling to hear come up mayor. you're talking three pursuits on some days, you're tying up law enforcement to engage in that, taking away from potential emergencies in your town. what are the residents saying? >> the residents are tired of it just like we are. we have a large hispanic
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community and we have families that came over the right way and they are frustrated with it, they are tired. they are nervous and scared because they don't know what's going to happen. everybody didn't have to lock their doors at night but now pretty much everybody does. people are fed up with it. >> sandra: you had a chance to hear from president biden at the news conference and he took a lot of questions on the crisis of the border. he was pressed by members of the press and it seems the solution, he put kamala harris in charge to go directly from the home countries. to that you say what? is that going to be effective? >> no, it's not going to be effective because the problem is this human smuggling coming across the border now has become a bigger trade for the cartel. they aren't traffic and these people and charging them to come
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through and we need to stop them from coming across for a while. they shut the borders down and those other countries but until you address that problem, these people are paying anywhere from $11,000 to $25,000 to be smuggled across the border. and we just keep -- we turn a blind eye to it and think it's going to go away. and again, i'll go back. what's it going to take, some family being shot here or some immigrant being shot because we just keep ignoring it? they are spending 99% of their time barbara mike quigley sitting these unaccompanied minors. when a border patrol agent encounters a family, the family of four, about eight hours of paperwork to the border patrol has to do with that family of four. how did they do their job if they are doing that? >> sandra: that's an inside look that so many of us don't get every day. we understand and we hear your frustration. these are huge challenges that you face. thank you for sharing your story with us and we will check back
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in with you. thank you, mayor. >> thank you so much, too. >> sandra: is unbelievable, you and i have been talking to them mayors in these communities for weeks now and you hear the struggle that you are engaged in on an hour by hour basis to keep the community safe. >> john: and some people might wonder why a new volte, texas, so far from the border, you have a problem. but there is a border patrol station about 8 miles west where people have to be checked. it's one of those in line stations and people try to run that blockade and that's where the chases begin. sometimes they peel off into neighboring branches and that's were rancher start-up problems. and >> sandra: are best for him as he put bout that. >> john: biden preparing a plan to battle spending, as he
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passes his $2 trillion relief package. how it could affect you and your family coming up. sandra, can you see taxes? >> sandra: we will talk taxes. plus democrats in the senate are pushing for some sweeping overhauls without support from the republicans. and they say they are ready to change the rules to get it done. we will get byron donalds reaction, next. an annuity can help cover essential expenses in retirement. have the right financial professional show you how... this is what an annuity can do. is now a good time for a flare-up? enough, crohn's! for adults with moderate to severe crohn's or ulcerative colitis... stelara® can provide relief and is the only approved medication to reduce inflammation on and below the surface of the intestine in uc. you, getting on that flight?
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her. >> the g.o.p. is fighting back against owners who withheld campaign cash after republican voters voted against certifying results from the electoral college. republicans say those photos should also withhold money from democrats and that's because house democrats are investigating whether or not g.o.p. representative mariannette miller-meeks actually won her seat by six votes. >> you either change the rules or bend the rules to fit your needs. a democracy works for democrats as long as they get what they want. when it doesn't work, they are happy to change that. >> republicans say that they can't accept results from states and then reject states house contact. kevin mccarthy goes to eastern iowa wednesday and he argues they are trying to disenfranchise voters. house speaker nancy pelosi says she was being fair by seating miller-meeks in january.
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>> john: not too long ago the democrats were extolling the virtues of certified elections but not so much these days it seems. coming up, congressman byron donalds of florida is going to talk about this as well as a growing push to get rid of the filibuster in order to pass a new legislation. >> sandra: something tells me he's got a lot to say a lot. >> john: he brings up a lot of ink, no question about that. >> sandra: we anticipate that. meanwhile the biden administration on its way to the biggest expansion and the government expected to have the first part of his multitrillion dollar recovery package this week focusing on infrastructure, clean energy we are told followed by a separate plan later in april addressing child care and health care. >> i will say that i don't think republicans in this country think we should be 13th in the world as it relates to
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infrastructure. roads, railways and rebuilding them, that's not up partisan issue. then he will have another package, another proposal that he will put forward in just a couple of weeks that will address a lot of issues that american people are struggling with. child care and the cost of health care. >> sandra: and jack the can is the president of action for them and the former chairman of president obama's global development council. thanks to both of you for joining us. it's fair to say douglas that plans are in flux when it comes to how this money come up this amount of spending would actually be doled out. what do we really know so far? >> we don't really have a plan. if we had a plan from first principles we would identify the problem we are trying to solve which would also identify the structure we are going to fund. we would figure out how much it costs and figure out how to pay
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for it. that's not what is going on right now. what we are seeing is let's spend a trillion dollars and pretty soon everything is infrastructure. everyone wants to get into the trillion dollar spending pool somehow and what you get is poor results from that and then you have to pay for that. >> sandra: at the biggest spending in a generation, shouldn't this then be bipartisan? going back to jen psaki, she says this is not a partisan issue. roads and railways and rebuilding them. but is that really what we are going to get in this infrastructure bill? >> it should be bipartisan, let's not forget that president trump wanted to go forward on infrastructure. so that it should be an issue that both republicans and democrats can agree on. there are no details, but they are with a plan and the plan is to split that into two. at first focus on enabling things, enabling better roads,
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and then second focus on enabling people. if you do that right, which is a big "if," but if you do that right at you increase productivity and potential income. there is a plan which we typically don't have any details with as of yet. >> sandra: then you look at the transportation secretary and you wonder what we are talking about here. >> if we believe in that so-called user pays principle, the idea is it's based on how much you drive. the gas tax used to be the obvious way to do it but it's not anymore. a so-called of vehicle miles traveled tax could be the way to do it. >> you have to explain that one to me because aren't you worried about the income inequality gap in this country? what is an idea like that to that gap? doesn't it widened it further? >> i think number one, you have to get rid of the gas tax in that process.
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the second thing is i vehicle miles tax is typically aimed at large trucks. it's based on the number of axles and weight you are carrying and you pay more because you do more damage to the road. if it were structured in a sensible way you could make the case for this. but again, we have no details. we just have an acronym, vmt, which is supposed to be a good thing. if we did this in regular order and went through committees and everyone got to weigh in and you could look at the distributional impacts, we could have a conversation like that. but it looks like the plan is to announce on wednesday and jam it through. >> everything has benefits, costs and risks. the cost that someone has to pay for it and the risk is there are consequences, there are potential side effects like inflation. so we will have a really interesting discussion in the next few weeks about benefits, costs and risks.
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>> sandra: the only word i would add to that is unintended consequences. good to have both of you here and we will continue that conversation. thank you. benefits costs and risks, that's what we all want to look into one we look into a $3 trillion infrastructure plan. but what are the unintended consequences when you look at the vehicle mileage tax? you really have to think about that and all the people that would be affected by something like that. >> john: and as doug was pointing out, we have no idea what pete buttigieg was talking about when he talked about this road usage tax. unless you live in a city like new york where you they have good rapid mass transit, and
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that's commercial what it supposed to do. >> what pete buttigieg has put out there, what happens if you live outside of 45 miles and have to work? >> you might be in good shape. >> that's a good point, john. >> you can make lemons out of lemonade. or make lemonades out of lemon. and why her friends and family are asking investigators to take a look at her and investigation. >> sandra: and why senators are learning to blow up the rule. they think the critics of that plan are racist. byron donalds has a lot to say about that and he is revving to
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>> john: democrats in the senate are suggesting they could change or get rid of the filibuster to push through their elections overhaul. raphael warnock says passing the law is a moral imperative. >> i think we have to pass voting rights no matter what. the filibuster at the end of the day is about minority rights and the senate. how are you going to insist on protecting minority rights in the senate while refusing to protect minority rights in society? >> john: this comes after lawmakers in his state passed a sweeping elections law their own. president biden slammed the new georgia rule as "sick" calling them jim crow and the 21st century. senator lindsey graham is a accusing the president and other democrats of going too far in playing the race card. >> you know what is sick is to
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have the president of the united states play the race card continuously in such a hypocritical way. they use the racism card to advance the liberal agenda and we are tired of it. hr one is sick, not what they are doing in georgia. >> john: let's bring in florida congressman byron donalds, he's raring to go on this. he's talking about this idea of the georgia border laws and democrats are saying these are jim crow laws, are they? >> the democrats are race baiting, they are wrong. i reviewed the georgia law on myself and what george is doing is absolute right thing. i know the president is running around saying you can't give someone a cup of water but that's not what georgia law says. what georgia law says is you can't give people something of value when they are in blinds getting ready to vote because you know, we don't want to buy off votes in america. that's like a sound concept and what we should be doing. the other thing that's happening is people are getting these voting cards when they are also getting something of value in the lines so the georgia
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legislature is right, that simple stuff. this is not what they are trying to say, they are trying to race bait because they know they got the argument wrong and did not have a leg to stand on so they use a race. >> john: apparently the law does not prohibit someone from dropping off a pallet of water at a voter place and have the boat workers give it out. listen here. >> i can truthfully look in the camera and ask my african-american friends and other african-americans in georgia to simply find out what is in the bill versus just the blank statement of, this is jim crow or is this is voter suppression or this is racist. at because it it is not. it expands early voting in georgia and it also further secures the ballot with the photo i.d. requirement. >> john: congressman donalds, i want to put out the voting laws in one state here and this
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particular state requires voter i.d. to vote. there is no same-day voter registration, no early voting unless it's absentee voting and there was no excuse absentee voting. people at home might be saying, oh, my gosh, what state might be so restrictive? it's a president's home state of delaware. those laws are much more restrictive than what is being proposed in georgia. >> listen. if you are absently correct which is why what the democrats are doing here are weaponizing race again. they are race baiting. they are always trying to accuse republicans of doing it and now i'm accusing them of doing it. and they are gaslighting on top of it because they have no argument about the legitimacy of what's been done in the state of georgia. particularly in florida. because i don't have a sound argument they have to go bellyache and scream about race but it's a live.
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it actually protects the votes from all of georgia residents whether you are white or black or asian, you still have the ability to go out to the polls and vote and no one will stop you. >> john: it really quick, we are hearing the name jim crow thrown around a lot and now for the filibuster, democrats are saying this is jim crow era politics. but it was jim crow era politics they were only happy to use 327 times last year. >> you are absently right. what they are doing is because they can't get the radical agenda passed in the senate, because i can't get ten republican senators to go along with their foolishness, they tried to make it a racist issue. when he was in the senate for those 40 years, he was part of the filibuster multiple times. one time in which he used it to oppose busing. joe biden did that. so if someone is going to be a relative of jim crow, he needs to be looking in the mirror. >> john: thanks so much, we appreciate it.
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sandra, i mean come again. where you stand it depends on where you sit. i know last year it was just fine and this year not so much. >> sandra: we knew he came with a lot to say and he did just that. john, the fbi is reportedly joining the search for a british woman who went missing three weeks ago and the u.s. virgin islands. >> john: they are also trying to track down her boyfriend whose boat she was staying on when she disappeared. the live update on that on that investigation, coming up next.
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>> john: knew details in the search for woman missing from the virgin islands. she disappeared from her boyfriends up boat after it was moored off of the coast of st. john. phil keating live in miami with the latest. >> the boyfriend has not been officially declared a suspect but clearly he is. but first they have to find a boyfriend. this is his boats, ryan bain is his name, a 47-foot catamaran and which he and his girlfriend were living in the u.s. virgin islands, living the dream and chartering up to tourists.
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he apparently sailed away from st. john's on that boat on thursday which now has been found but, he has apparently dumped it and now fled into hiding. someone does something, and there you are an abundance of missing woman posters around the island but still no sign of her. they were last seen together at a restaurant and bar on st. john, and he claims that when they went back to the boat, and he fell asleep and when he woke up it was 2:30 a.m. and she was gone. he did not call the coast guard for a full ten hours in the morning. back to you, john. >> john: no sign of her still. sandra, what a mr. reed this is.
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disappeared absolutely without a trace. >> sandra: everywhere you read to read, local reports are doing everything they can. it's an investigation that we hope lead somewhere. month plus you could get an average of $50,000 cash. that's money for security today and money for retirement tomorrow. refiplus, it's only for veterans and it's only from newday usa.
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>> john: fox news alert, we begin this new hour as "america reports" on the murder trial of former minneapolis police officer derek chauvin. a jury of 14 americans now hearing from witnesses ten months after george floyd's death sparked nationwide protest. good afternoon and welcome to our number two of "america reports." i'm john roberts. i'm >> sandra: good afternoon to you come on sandra smith. prosecutors in their opening statement saying derek chauvin that betrayed the badge telling jurors to believe their eyes as they played out that the d.o.t. clip of chauvin kneeling on george floyd's neck for nearly . the defense fired back saying the evidence is far greater than
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that clip and will prove that george floyd died from drugs in his system. minneapolis is already bracing for more unrest. matt finn's life outside of the courthouse. matt, bring us up to speed. >> a short while ago the first witness testified, she is on 911 operator who said she had video, was able to watch video surveillance of the george floyd arrest and was so disturbed by what she saw in real time that she called a sergeant to respond saying, you can call me a snitch if you want to, using that word to come but she asked the sergeant to check on the scene at cub foods. and it the opening statement so far the prosecution tried to paint derek chauvin is an out of control killer. the prosecution asked the jury to convict derek chauvin on all three charges, second-degree murder, third-degree murder and second-degree manslaughter. the prosecution played at that
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now infamous video of derek chauvin kneeling on floyd's neck for 9 minutes saying chauvin should not have placed him in that prone position for longer than a couple of moments, let alone nearly 9 minutes. the video as we know it is hard to watch us avoid gasps for air over and over, even by standards was screaming for him to get off of floyd's neck and check for a pulse. he had battled a drug problem for years and built a tolerance in his behavior in that video is not consistent with someone overdosing. the defense for police officer derek chauvin asked the jury to use reason arguing that floyd intentionally took drugs in police custody, released arrest and that three police officers could not contain him. >> you hurry and say, tell my kids i love them. i will probably die this way. i'm through, they are going to kill me. what was actual cause of death? the evidence will show that
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mr. floyd died of and cardiac arrhythmia that occurred as a result of hypertension, coronary disease, the ingestion of methamphetamine and fentanyl and the adrenaline flowing through his body. >> now during the motions pretrial the defense considered that a win and if allowed will play a snippet of video of an arrest with george floyd just about one year prior to his death. the defense is arguing that it's a very similar instance where floyd took drugs in police custody and resisted arrest, and they are trying to show that this is a pattern or was a habit for floyd to take drugs. the judge said that video can only be used to show how floyd's body responded to the narcotics. >> sandra: matt, could you real quickly tell us a little bit more about the scene there on the ground in minneapolis as this is a city that it isn't awaiting outcome of this trial?
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the national guard has come in and businesses are on high alert. what's going on on the ground? >> a lot of businesses are boarded up but some businesses are still in ruins because they were burned and never rebuilt. right now there is intense security behind us. and you could see national guard troops opening and closing the gate to allow people to get in. right now the protests are rather calm and i have to say we have seen a consistent black lives matter presence outside the courthouse. they do get into the street and interfere with traffic. he saw at one point an ambulance had to divert its own route for even may be just a couple of seconds but there is an interference of traffic sometimes out of this courthouse. >> john: in a sense, people are waiting for a verdict here
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before taking any action. or are you hearing any plans of any protests during the trial itself? >> we attended a few peaceful demonstrations over the past couple of weeks here in minneapolis, there is also a lot of chatter online and social media about protests and demonstrations and of course there are extreme calls for justice. there are leaders saying that if there is not justice, we will see what happens. a lot of the business owners would talk to as well so they are more concerned about the verdict. they think the verdict is going to indicate what happened up here in the twin cities. >> sandra: matt finn is live on the ground in minneapolis. very windy minneapolis. >> john: thanks so much. it was windy here, a piece of our rooftop on the building flew off last night. brian capel is a criminal defense attorney, and you heard the defense attorney there brian talking about this. this is not just one thing, this is about drugs or hypertension,
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this is about coronary artery disease and this is about up pair again glioma that george floyd had to. you have to ask yourself, with george floyd still be alive today if not for the actions of officer derek chauvin? >> good point about the causation because regardless of whether it second-degree or unintentional murder, or the third degree murder, the prosecution has to prove what's called legal causation of death. the prosecution already has argued, there's a concept called excited delirium and i've seen this in a lot of cases involving law enforcement, the george floyd's body reacted to the attack by a chauvin, because he had drugs in his system, leading to his heart blowing up and having a heart attack. so causation will be critical.
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you can't simply say, he it died because of cause of death. that's really important for the prosecution, too? prosecution can't just rely on this videotape, i and we all know that the prosecution has to put it in the right context. they have to argue specifically, don, chauvin intentionally inflicted bodily harm that led to the death of george floyd. they have to prove that and also that that led to the cause of george floyd's death. >> sandra: to that point, nelson, chauvin's defense attorney, said evidence in this case amounts to more than 50,000 items. evidence is far greater than 9 minutes 29 seconds. so what stands out to you most as far as what you heard in that courtroom so far today.
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>> how he responded to that arrest and how his body reacted to that arrest. that should help the defense tried to argue that you got to look at the full picture here. they are going to say we've dealt with floyd before. he's combative and he's a big guy. chauvin might have had his knee on floyd's neck but, sandra, here's another key point. it's called a carotid choke hold and believe it or not that was permitted in minnesota at the time of his death. that should be a focal point of the defense. prosecution has to rebut that as well by saying, look. we have a police practice is expert. they have to bring in an expert, too. someone who has trained police officers who knows if you can use the choke hold. just because you can use the choke hold doesn't mean it was required in that situation and the prosecution will have to argue, there should have never been a choke hold used here.
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but if chauvin could have reasonably used it, he deployed it improperly and his knee on the neck cut off the blood flow to a floyd's head which caused the death. so it will be an interesting battle i think of experts. >> john: he said that prosecution has to prove that chauvin did this intentionally but a couple of the charges are in unintentional. >> is complicated. it second-degree murder which means that chauvin did not intentionally killed george floyd to come but in the definition of secondary murder, prosecution has to prove that chauvin intentionally created bodily harm or intentionally inflicted bodily harm on a suspect that has been detained. so the prosecution has to show that chauvin did this intentionally. he put his knee on floyd's neck to harm him. now a third degree murder, prosecution has to prove what is called a depraved mind and that
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chauvin caused that. and how is he not going to be able to testify and prove that he did not intend to harm george floyd? >> sandra: the jury is selected three black men, one black woman, six white women, two white men into multiracial woman. the 15th temporary alternate was dismissed and this is a jury that needs to be seen. he remembered search for these jurors but, the one juror hasn't seen the video. tell us a little bit about this jury as this trial is in day one here? >> in my opinion the chemistry of this jury pool favors the prosecution. why? we got at least four minorities
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on the jury. and, that's important because they are not jaded. the older white folks might be more conservative and will be more apt to look for a reasonable doubt because they respect to law enforcement. but when you have younger jurors, they are out there protesting and if you have young folks on the jury, they are going to have a very vocal say on whether there should be a guilty conviction. >> sandra: to your point, multiple jurors in their 20s,
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two in their 30s and the age range goes up from there. more in their 30s, 50s and 40s. so when we assay diverse we are talking about racially but age wise of southwell. >> john: what i find interesting about the jury pool. one mixed-race woman at has an uncle that is a police officer and she knows about the use of restraining holds. the black woman on the jury has a relative who was a minneapolis police officer. so you have some understanding of police tactics but then again, nobody hates a bad cop more than a good cop so i don't know how that will break down. >> sandra: very interesting jury pool. >> john: we are learning of a major announcement from the white house and there is a word that almost all american adults will be eligible to get the covid vaccine in just a couple of weeks regardless of age or health. but will there be enough supply? we have details, coming up. >> sandra: and brand-new
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information from the white house as senate democrats push to dump the filibuster, president biden prepares to unveil a new massive spending plan that could be a historic expansion of the government. along with it, new taxes for you and i. >> john: dig deep. amid reports that some of those taxes could target small businesses, we will talk to the man behind this billboard in times square. that's it. "america reports." money for retirement tomorrow. refiplus from newday usa.
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>> sandra: fox news alert, bringing you some breaking news from the white house as we anticipate president biden speaking moments from now on vaccine development. president biden is about to announce that 90% of the u.s.
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population will be eligible for a vaccine by april 19. 90%, and they are saying that a vaccination site will be within 5 miles of home by then. that's a big number that's a lot of people and obviously we will see if that chunk of the population, the fall of those people actually get the vaccine. but that's a big deal. seen a clear difference here in new york on eligibility, people going onto the.gov website and cuomo just announced that in the past hour, in new york state, all new yorkers age 16 and over can get there vaccine starting april 6th. that's a big deal. >> john: let's remember that there's a big difference between eligibility and availability. i was on the list were two enough months before i finally
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got mine. >> sandra: they are tying the two together at the white house. and a site that will be 5 miles from your home on april 19. how many people to have you talked to that have traveled far to those vaccines? >> john: we will see. if they can get the supplies and i will be impressed. president biden set to announce details also of his $3 trillion infrastructure plan on wednesday but he has already signaled that it will include things unrelated to roads and bridges, like free community college and free child care. along with the massive covid relief bill could put the administration on track for the big's expansion of federal government in a generation. white house correspondent peter doocy is live with more. i guess the administration is looking at this to say, money is basically free so why not spend? >> spend $3 trillion, it will be
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two separate packages. at the briefing this afternoon jen psaki did not talk a ton about in congressional outreach. that came in a lot more detail on "fox news sunday." >> i will say that i don't think republicans in this country should be 13th in the world as it relates to infrastructure. roads, railways and rebuilding them are not a partisan issue. that's a lot about what the president will talk about this wednesday and he will have another package, another proposal that he will put forward in just a couple of weeks that will address a lot of issues that american people are struggling with. child care and the cost of health care. >> lots of social programs is not second package, they are planning depressor republicans to support this with them but topper republicans on the hill have not heard from the biden administration yet. >> bipartisan support for infrastructure, this is an administration at least right now that seems set on doing it one way, their way or the
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highway. >> jen psaki set a little while ago we will find out biden's plan to pay for this. republicans are not saying they do like the idea, and they tax people, the more you drive, the more you pay in taxes. >> john: peter, the word tax is one that we are going to be hearing a lot more of in the coming days, weeks and months. in fact sandra is going to say right now. >> sandra: thanks peter and thank you john. small business owners are pushing back on that agenda including that of the group. these billboards are up in times square getting a lot of attention. alfredo ortiz joins us now, ceo of job creators network. why did you feel compelled to build that billboard and put it up in the crossroads of the world? >> that's right, thank you. tax increases on small
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businesses are coming if joe biden gets his way onto his tax plan goes through. peter just reported on all spending, that's either going to be through the repeal of the 20% tax deduction or through an increase on our small businesses. either way this is disastrous for all small businesses into that, we set heck no. and i'm editing here, our billboard, not under our watch. small business owners barely got through 2020 and those that did did so because of paycheck protection programs. the biden administration is trying to find ways, and we are pushing back as hard as we can. >> is a combination of things,
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but it's from the paris treaty on the climate change. for example we have about nine at half million in jobs they are and jobs loss for the keystone pipeline. that all small business owners, they took those savings and they reinvested them back into our benefits and hiring more people. and that's through the growth of their business and that's what really led to that growth. we have to remember that two-thirds of new job growth is in the hands of these small businesses across the country. >> there were many small businesses that said that they felt it was a very business friendly environment the past four years under the trump administration. someone who worked for the past
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president, larry kudlow, and he's speaking out as far as what he's seen in this administration's policy. >> big implications for policy and economics, and most of these initiatives, class warfare against wealthy people who start up the business. >> sandra: the voice of our small business is so important, the big warning for folks like kudlow and others is that these small businesses have been in a world of pain as a result of the pandemics. why wouldn't the administration start looking at tax hikes at this moment in time, even if it was necessary to years from now. why when these businesses are still reeling from a global
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pandemic. >> sandra, they are just completely out of touch. they don't understand how important they critically are to not only our country but communities across the board and these tax hikes, this will be disastrous for small businesses. it's a miracle that the small businesses that have already survived 2020 are still around and now to put this on top of them are trying to get this out and survive. we did send a leader, and hopefully we will answer this back. we hopefully will keep this as a very loud issue so all americans realize what's happening. >> sandra: we go did speak out loudly with that billboard, we noticed it. thank you for joining us. >> thank you very much sandra. >> sandra: we are getting some brand-new images of the crisis of the southern border but it's no thanks to the biden administration which continues to block press access to those
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micro facilities. >> john: instead it's lawmakers who are providing the pictures. joe concha weighs in on the media blackout when we come back.
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>> john: as we come up to the half hour, the latest on the crisis of the southern border. henry cuellar releasing new pictures of a crowded migrant facility in texas despite the administration's media blackout. texas senator ted cruz trying to do the same at a border detention one a woman he says is within administration staff tried to stop him. >> we asked not to have any pictures taken here. >> the rules are arbitrary. >> in the meantime the office of
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personnel management has asked to government agencies for volunteers to help with what the administration still will not call a crisis. have fox team coverage for you, kristin fisher with white house reaction and just moments. but first casey stegall is in eagle pass, texas. >> hi of john. hhs officials say that 80% of the children or the unaccompanied minors that are crossing into the united states illegally come about 80% of those already have at least one family member already to stateside and about 40% of those cases involve having a parent or a legal guardian already residing in the united states. right now, officials say there are more than 12,500 juveniles in hhs custody and another 5500 at least being held by u.s. customs and border protection. those here on the front line say this is where the backlog really
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begins because it all ends in immigration court which mean cases taking years and years. >> we cannot return children back by federal law. we have to prioritize them, they are a vulnerable population. >> in the next few hours texas senator ted cruz will be visiting the overflow facility at the dallas convention center which can house up to 3,000. remember the feds will also be using convention centers in san diego and also san antonio for some of these overflow facility is in addition to his military installations and other places as well. as you know. >> john: they have overflow of the overflow. casey stegall with us in texas. >> president biden: a >> sandra: white housecorresp.
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>> she just wrapped up the briefing where she had the chance to different confirm some hard numbers of the border but she declined to do so. the number this time is seven months. that's how long u.s. customs and border protection is predicting that the current surgeon unaccompanied minors is going to last and when pressed to confirm that number seven months during the briefing, she'd punted to the homeland security. >> our focus now is on ensuring that we have enough shelters and facilities to help unaccompanied children. that's what our focus is at this point in time and will lead to the production and other agencies. the volunteers, 120 days beyond the border but still no word on when the media or more press conferences will be allowed back inside.
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sandra? >> sandra: we will be waiting on that. we know that president biden as we reported just a short time ago, the u.s. population and it's also reporting that you will have a vaccination site and that's from the president and continue to monitor this. >> john: thank you. as we mentioned a moment ago, the only images from inside migrant detention centers have come from more video this past weekend. i staffer stopped him.
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and that's spiced senator ted cruz, and he sent a letter to the president after what happened saying this is outrageous. the bush administration and the clinton administration, and then hide it what going on. >> they are certainly trying to suppress, that's for sure. those images are now getting out one way or the other. you mentioned a democratic congressman is sending out pictures from texas as well. you will only keep this lid on for so long. you cover this president and administration, and here you have a president who does not know when he's going to visit the boulder. you have in terms of words, you will not call it a crisis.
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jen psaki last week called it a circumstance. a circumstance is when you wake up in the morning and pour yourself a bowl of cereal and realize there is no milk. the crisis is kids in cages. these facilities are dangerously over capacity during a pandemic no less. we are seeing numbers from the cbp is saying there's a 180% rise when compared to last year of single adults crossing the border and officials believe they are taking no more than 17,000 minors. and if it goes on for seven months that we have a serious problem on her hand. the media perspective is to focus on vice president, harris because remember she has been passed by the president to fix this problem. she left out a question about it from the right and the left but also how can you solve a crisis without seeing the situation firsthand and without talking to border officials who are dealing
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with this on the ground on a daily basis and how can you solve this problem when you've compared ice to the kkk and said you want to decriminalize border crossings? that's not exactly the way to get on the surge. last week the biden administration said that all agencies should call the administration the biden-harris administration. the vice president should be held accountable as well given this responsibility in this crisis. >> john: the they said the mission would be "a diplomatic one." it's not just the white house that's refusing to call it a crisis, they sent out a memo and it does not fit the classic dictionary definition of a crisis which is a turning point in the course of anything decisive work crucial times stage or event or a time of or state of affairs involving great danger or trouble. so you want to hear the word
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crisis associated with the border. what do you think of that? >> it's very subjective. that's all in the eyes of the beholder in terms of how you identify or define a crisis. you see the images down there, and it's sad. you see these kids, it's just as bad as it was and go back to my words matter, because in 2014 president obama called it "a humanitarian crisis and obviously president trump through border crossings or trafficking or through border security basically made the vice president were his price secretary, they appear to be doing the bidding out the biden administration. i'm looking at those photos right now and this is a crisis during a pandemic no less. >> john: we would seem to at least visually fit that
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description. joe concha, always appreciated. >> we got bad wind up here, too. so i feel a lot of what you're going through there in washington. the one hopefully part of your studio didn't go down like ours did. >> sandra: it's windy here in new york, too. the china study on the origins of the coronavirus and it says it most likely spread from bats to humans to another animal rather than leaking from a lab. critics are questioning that report in rich edson is live on that. >> there is bipartisan criticism here. the world health organization is expected to release this report tomorrow but you have congress and the secretary of state saying they are very skeptical. >> we have reports on methodology and that report including the fact that the
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government in beijing a port apparently helped to write and see what comes out in that report. >> the top republican on the house foreign affairs committee said income report censored by the cc t, t, the chinese communist party is no worse because it allows the ccp to the meeting to spread misinformation about the virus and cover up the roles and they in allowing it spread. earlier this month more than two dozen scientists wrote an open letter saying the w.h.o. team that traveled to china had insufficient access to adequately investigate the sources of the virus including whether it came from a wuhan lab. the w.h.o. report says it's extremely unlikely that i was leaked from the lab. although the former cdc director robert redfield said last week that he believes the virus did escape from a lab in wuhan. in january the trump state department claimed the wuhan lab in virology was
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testing a similar virus. they did acknowledge that the u.s. government did not know exactly when, where or how the covid-19 virus was transmitted to humans. along with criticisms from the u.s. government. sandra, back to you. >> a little piece of news coming out of the white house and with the president was talking about with regard to covid update and vaccine ability ability update. the president urged all governors in all 50 states to reinstate mask mandates. that would be for places like texas and mississippi and others where there is no mask mandate. i would not expect governors like greg abbott are going to heed the call but the president is saying to all 50 state governors, make sure the mask mandates in place and for those of you that have removed them please reinstate them. speed >> sandra: especially considering the drop in covid cases in the state of texas
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after those restrictions were used. it would be pretty tough for the governor to re-implement that. and they just sent out the new data saying we are going to get our summer back. they are seeing a significant double drop in digits there as well. >> they may say thanks for the advice but no thanks. storms slamming the south hard with deadly flooding and devastating tornadoes. we are live on the ground here with reports. stay with us. ♪ ♪ that's me. that's money for security today or retirement tomorrow. that's me. refiplus.
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>> sandra: flooding in nashville. these images, while. tough weather there and the latest round of severe storms around the southeast, with the very latest from there and look at the destruction behind you, charles. hello. >> people are slowly but surely getting things cleaned up here
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and newnan, georgia, after a violent tornado carved out a path of destruction killing at least one person. you can imagine that these folks have a lot on their hands when it comes to clean up. i take a look at this building for example, incomplete disagree comic disarray. this home over there with a blue tarp missing a huge chunk of the roof, and that is sort of what you see throughout this neighborhood. believe it or not, it's a lot worse in nashville, and city officials are looking at what they could have done better after extreme flooding killed at least four people there over the weekend. >> the loss of life once we complete the investigations is a deeply disturbing fact and i know that that will inform us on how to do this better. >> most of the victims are elderly, authorities say they
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drowned after a creek flooded and another was killed after he got out of his car and was swept away by rushing floodwaters. officials save they rescued more than 130 people from flooding cars and homes and apartments in the nashville area. meanwhile, here in newnan, georgia, parts of alabama and mississippi, people were trying to figure out where to go from here after the recent outbreak of tornadoes across the south destroyed dozens of homes and businesses. folks here tell me that neighbors say the community is still very much impacted. >> they say newnan strong, and that's really what it is. it's a community that any time things happen, with the black lives matter movement and cobeta, we have really come together just to get through it. >> sandra, you you guys can't
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catch a break, more rain and possible flooding is a risk that people are facing come wednesday. back to year, sandra. >> sandra: we wish the best for communities. we hear the choppers overhead, it's also fresh. charles watson reporting live on the ground. >> john: it such a pretty little town near south of atlanta. biden backlash from alaska as the administration looks to our neighbors up north for electric car materials. governor mike dunlevy on that coming up next. ♪ ♪
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>> neil: the biden administration looking to canada to get minerals for electric cars. mike dunleavy said why would you send jobs to canada when we can get this done in the usa? governor, good to see you. what we're talking about is rare earth elements. they're used in car batteries and cell phones. what is your problem with what the biden administration is doing here? >> it sends opportunity overseas, john. alaska is rich in these critical minerals and rare earths. we have a real opportunity to
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have an american supply chain focused on america for a host of reasons. the jobs, the wealth it creates. as importantly, we do it here better in alaska and america than anyone else in terms of the environment. so if you really focused on the environment, really focused on jobs, opportunities, creating wealth and national security so we're not dealing with shady characters overseas, you do it here in america. it's a win-win across the board. it was disappointing to see that the administration is having discussions with canada. we appreciate our neighbors to the east but nonetheless, we have such opportunities here in alaska. opportunities across the united states. it's a head scratcher for a lot of us. >> john: china controls 80% of the rare effort minerals and they have used this for leverage in trade. i've done some reading.
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in america, rare earth companies say there's not a big enough supply in the united states in the near term future because it takes a long time to get a mine online. we need to look to other sources like our good friends to the north like i am and to canada for the next decade or so. what do you say? >> that's fine. i understand that. but bring alaska into the mix. bring nevada and the rest of our states into the mix. when i read this reuter's article in mid march, it said it's to difficult to do business in america because of the environmentalists. well, let's have a conversation with the environmentalists. we have to have a deeper i think more mature discussion. if you want to change to a new source of energy, you have to have the components of that. why not -- yes, and canada if we need to. start here in america first. >> john: governor, we'll watch
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this story. it's an important one. thanks fire joining us. we'll be right back. usa. us from newy refiplus lets you refinance at today's all-time low interest rates plus get cash. with home values climbing, now is the smartest time ever to turn your home's increased value into an average of $50,000 cash. refiplus. it's new, it's only for veterans, and it's only from newday usa. i'm draymond green with my subway sub with tender steak and melty cheese. my sub is gonna dunk all over your sub. excuse me? my sub has bacon. choose better be better and now save when you order in the app. subway eat fresh. but not jayson's sub. keeping your oysters business growing subway eat fresh. has you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit
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>> sandra: that does it here for us on report report. i'm sandra smith. >> john: i'm john roberts. here's martha in minneapolis rights now. >> martha: thanks. good afternoon, everybody. i'm martha maccallum in minneapolis with special live story coverage of day one in the trial of derek chauvin, the ex-police officer charged in the death of george floyd. a death ten months ago that ultimately all across the country for many, this trial will be seen as a test of racial justice. but because it's televised, it was also put of what happened in memorial day under the microscope. the drugs that were in floyd's system and the most important question for the jury, what

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