police week continues into police weekend this weekend attorney general merrick garland will honor the fallen, president joe biden will do the same saturday at the u.s. capitol. bret. >> bret: david spunt at the doj. thanks. up next, the treacherous journey through central america on the way to the u.s. southern border. we will take you there and we will hear from some migrants who survived it. first, here's what some of our fox affiliates around the country are covering tonight. fox 2 in separate cisco, where it's the first day for the city's first responders to be fully vaccinated or risk losing their jobs. the san francisco police association says 120 officers there will be on paid administrative leave. the fire department confirms 41 firefighters are in the same situation. fox 46 in charlotte as south carolina attorney alex marlow is arrested in connection to insurance settlements obtained after the death of his housekeeper in 2018. he's charged with two felony counts of obtaining property by false pretenses. lawyers say the housekeeper's heirs never received money after the fatal

garland, he has launched this partisan lawsuit against georgia and its voting rights. he has this letter out about parents going to school boards. now up the president making this comment. all it does is undermine what little bit of trust had been rebuilt but perhaps this department is going to operate separate and above politics and with its eye, instead, on justice and the law. >> bret: yeah. brit, a little bit of an audible here just in the past few minutes a meeting on capitol hill between senators sanders and manchin and over the weekend. senator sanders wrote an op-ed in west virginia newspaper going after senator manchin for failing to support what he called the human infrastructure bill. what was originally billed as 3.5 trillion and now obviously is getting scaled back. they had a good talk. both of the gentlemen say. but it doesn't seem like this is moving forward, brit. >> it does not. so far, but one has to believe that in the end after all manchin has said he would favor a spending bill a social spending bill just not one as big as the staggering 3.5 trill

expect lawmakers to ask attorney general merrick garland if he will prosecute bannon at a hearing tomorrow. fox has told some gop members will vote yes for bannon because they don't like people ignoring congressional subpoenas. bret? >> bret: chat -- chad pergram. up next, how russia is dealing with afghanistan now that the u.s. gone. >> the american people lost, the afghan people lost. the winners are russia, china and iran. ♪♪ we believe everyone deserves to live better. and just being sustainable isn't enough. our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ this isn't just freight. these aren't just shipments. they're promises. big promises. small promises. cuddly shaped promises. each with a time and a place they've been promised to be. and the people of old dominion never turn away a promise. or over promise. or make an empty promise. we keep them. a promise is everything to old dominion, because it means everything to you. >> bret: welcome back to the port

attorney general merrick garland in the hot seat answering multiple questions from republicans about his october 4th memo that directs the federal bureau of investigation working with each united states attorney to convene meetings in each federal judicial district within 30 days of the issuance of this memorandum. >> i think your memo was the last straw. i think it was the catalyst for a great awakening that is just getting started. >> the memo issued five days after the national school board association wrote to president biden about the rise of threats by parents to school board officials writing these heinous actions could be the equivalent of a form of domestic terrorism and hate crimes. >> not in a million years did we dream that one day we would see the justice department treat american parents as domestic terrorists. >> but garland said his memo doesn't use the words domestic terrorism or patriot act. >> i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children, nor can i imagine a circumstance whe

merrick garland agreeing to have the fbi investigate. so that's the context that is coming in. you know what is hurting in this tight race, you know, terry mcauliffe has a lead in most of the polls i've seen. it's very small. it's within the margin of error. but less not behaving like a person in the lead. he's behaving like a person that knows he's taken a big hit that might prove fatal. >> martha: he was asked about the budget deal and the sort of larger, you know, net, social net that it represents. he said oh, we have to get this deal passed. and then he looked who is coming in. you have jill biden and former president obama coming in. it's going to be an interesting thing to see the suburban voters that voted for former president trump and joe biden how they vote in two weeks. >> you put your finger on the issue. what makes this schools issues so interesting is that democrats typically have an advantage own education among the public, especially among suburban voters. a lot of the suburbanites showing up are democrats or at least they're not the typical trump supporters. t

it's all over the top. >> martha: so if you're the attorney general, if you're merrick garland and asked to look into this, wouldn't you hesitate to go that route if you didn't have specific examples that merited some sort of coordination, some sort of potential effort to hurt these school board members or to truly threaten them. wouldn't you want that evidence? >> yeah, what general garland should have said, we have seen no evidence of domestic terrorism. so to use the patriot act is unfounded. he could say any types of threats made against school board members can be addressed on the local level and if there's any intrastate elements, the department of justice will get involved. there's ample laws protecting school board members from outbursts. >> martha: if anybody is being threatened, they should be put in place. if it crosses border, it's a different issue. the evidence is not there at this point. thanks, jonathan. jonathan turley. >> thanks, martha. >> martha: that's "the story" for this wednesday. tonight bret baier anchors live from the port of los angeles where over 100 containe

merrick garland says he will apply facts. chad pergram is watching that and all of the movement going on to try to get towards a reconciliation bill on the hill as well. update us, chad. >> good afternoon, martha. steve bannon rejected a subpoena by the 1-6 committee. he claimed executive privilege even though he was long gone from the white house. house gop leaders oppose wheeling in bannon. >> they're issuing an invalid subpoena. issuing that weakens our power. he has a right to go to the court to see if he has executive privilege or not. i don't know if he does or not, but neither does the committee. >> when the gop controlled the house, it held irs figure lois learner contempt of congress and eric holder. nancy pelosi said the gop should hold bannon in contempt. >> the genius of our constitution and:0 our founders was the separation of power, checks and balances. if in fact you went to negate the ability of one check of another branch of government over another, your undermining the constitution. >> the vote on the bannon

merrick garland when he testified before congress. he didn't know that congress had sent him a letter raising concerns about hunter biden's art sale. that was news to the a.g. >> i just received the letter today and we'll take it under advisement. i wasn't aware that you sent me a letter. >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ hi i'm joe montana. when you get to be 65, you have little patience for nonsense and inefficiency. you know what works and you become a pro at pretty much everything. ♪ ♪ that's why when i qualified for medicare, i went with wellcare. ♪ ♪ with no cost or low monthly premium plans, and no primary care or prescription copays. they're pros at helping you keep more money in your pocket. ♪ ♪ yeah! o