'Special Report' All-Star panel on Cuomo's resignation, bipartisan infrastructure bill

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Cuomo could not survive attorney general's report: Byron York

'Special Report' All-Star Panel weighs in on Cuomo's resignation and the the New York nursing home deaths on 'Special Report'

This is a rush transcript from "Special Report with Bret Baier," August 10, 2021. This copy may not be in its final form and may be updated.

BEGIN VIDEO CLIP)

RANDY ZELIN, FORMER NEW YORK STATE PROSECUTOR: That could be argued as unfair, as outrageous as -- how can it only be a misdemeanor? Well, again, a misdemeanor still carries up to a year in jail. It still carries up to three years of probation, and it carries a criminal record.

So, let's not water down the seriousness of being convicted of a misdemeanor sex offense.

MILLER: Cuomo could also face possible prison time resulting from a federal investigation into his administration's handling of COVID nursing home deaths if charged with obstruction of justice.

(END VIDEO CLIP)

MILLER (on camera): State investigators, meanwhile, want to know if Cuomo broke the law by using state workers and other resources to write his memoir about the pandemic.

Cuomo could also be sued civilly for his alleged misdeeds, as well as being held financially accountable for civil rights violations. At least one legal expert says the greatest punishment for Andrew Cuomo is sullying his reputation. Bret.

BAIER: David Lee Miller in New York. David, thanks.

Let's bring in our panel early. Former Education Secretary Bill Bennett. Harold Ford, Jr., former Tennessee congressman CEO of Empowerment and Inclusion Capital. And Byron York, chief political correspondent of the Washington Examiner.

Bill, for some it felt like this was a long time and it dragged on. But if you look at kind of how things evolved, how do you see this resignation today that comes 14 days from now?

BILL BENNETT, FOX NEWS CHANNEL CONTRIBUTOR (on camera): Well, it's over. And I think the whole country is grateful that it's over. Republicans, Democrats, everybody, listening this soliloquy today and then last week, I thought of those immortal lines from the exorcist, for God's sakes get out. And it's time that he did, and I'm glad that he did.

Now, there may be these trials, I hope people can focus on what seemed to me the most important questions of law, which is the liability of Andrew Cuomo, if criminal or civil for these nursing homes, the deaths of people in these nursing homes. Let that not be forgotten, and let's carry forward on that. But I'm glad this chapter is over.

I think there are a lot of lessons here too, and a major win for the media. But I don't want to occupy all the time.

BAIER: Yes. To your point about the nursing homes, the lawmaker who was spearheading that Ron Kim, a Democrat, weighed in on this resignation today. Take a listen.

KIM: I'm relieved that he stepped down, so we can focus on the people's work. I'm also grateful for the woman who stepped up courageously. But I have committed back in March that after he goes down for sexual assault and harassment, I will still be here to hold him accountable for the thousands of nursing home deaths that happened under his watch.

BAIER: Byron, in the big picture, there were a lot of people who said that, that was so much more egregious, you know, not in the scale of how things are bad, but as far as the impact on families across New York.

BYRON YORK, FOX NEWS CHANNEL CONTRIBUTOR: Well, what was clear is that the Attorney General's report killed them. He just could not survive it. Any Democrat who might have been inclined to support him fell away after the Attorney General's report. And the reason he resigned today had nothing to do with the whole COVID nursing home thing, it was because he saw that after the Attorney General's report, he did not have the minimum level of support necessary to stay in office.

And today was very strategic. His event was very strategic. It began with his lawyer going on for nearly an hour attacking that report, nearly line by line, questioning the credibility of all of the allegations.

And then, the governor himself came out, and again, attack the report, questioning its credibility. And he admitted to small things. He said, well, you know, my sense of humor can offend people sometimes. And maybe I'm an old fogy, and I haven't realized how the rules for interactions between men and women in the workplace have changed. But he was clear to say that he did nothing wrong.

And this is for really, for a couple of reasons. He still might face criminal charges. He couldn't very well come out today and admit it. So, he denied everything in terms of any potential charges against him.

And the other thing is, he's 63 years old. He thinks maybe in a few years, things could change, conditions could change, something unexpected could happen, and he might be able to run for office again. So, that's what this resignation today was about.

BAIER: Which is truly amazing. If you think about the media coverage of this governor, lifting him up in COVID. The really vaunted status, some people wanted him to run for president. Then, they were naming him, Harold, as a vice-presidential candidate.

Today, immediately following the resignation speech on another channel, there was this, as Byron just mentioned, a Cuomo comeback.

(BEGIN VIDEO CLIP)

CHUCK TODD, HOST, MSNBC: We know the way our world works. It's amazing. The people we've seen make political comebacks, you know, you can't ever rule it out. He eventually did something that was -- that may be over time, will at least give him an opening to -- oh, maybe, you know, not be a full pariah in the party, say, in three years, four years, five years.

I expect in my lifetime, Andrew Cuomo to probably run for office again, what that office is? I don't know. But that's what this resignation tells me today.

(END VIDEO CLIP)

BAIER: Can we wait like one hour, maybe two hours before the Cuomo comeback analysis, Harold?

HAROLD FORD J.R., FOX NEWS CHANNEL POLITICAL CONTRIBUTOR (on camera): Look, first, thanks for having me on. I -- you know, that's the kind of analysis that comes, and who knows, I don't know what will happen what the future holds for him more, or for any politician.

I do know this though. It was Democrats nationally, and state and local New York Democrats that eventually brought in into his governorship right now. They're going to be those who quarrel with his resignation speech, but at the end of the day he resigned.

And it allows the state to move forward, it allows the new governor -- Lieutenant Governor Hochul to take over and manage the recovery, managed the surge, the COVID-19 surge and tackle the crime and restore public safety across the state.

But it's important to note, Democrats held him to the same standard that they've held others around these issues. And at the end of the day, it was the president, the Speaker of the House in Washington, the Speaker of the State Assembly in New York, the senators and a whole host of Democrats that said enough was enough.

BAIER: All right, here is just a review -- the kind of a montage to listen to. Take a listen.

(BEGIN VIDEO CLIP)

CUOMO: I never touched anyone inappropriately.

LETITIA JAMES, ATTORNEY GENERAL OF NEW YORK: The independent investigation found that Governor Cuomo sexually harass multiple women

JOON KIM, SPECIAL INVESTIGATOR, NEW YORK: Some suffered through unwanted touching and grabbing of their most intimate body parts.

ANNE CLARK, SPECIAL INVESTIGATOR, NEW YORK: The governor hugged executive assistant number #1, and reached under her blouse to grab her breast.

BRITTANY COMMISSO, CUOMO ACCUSER: I know the truth. He knows the truth. I know what happened, and so does he.

CUOMO: The best way I can help now is if I step aside and let government get back to governing, and therefore that's what I'll do.

(END VIDEO CLIP)

BAIER: Lieutenant Governor Kathy Hochul, Bill, takes over in 14 days -- the governor's mansion. Not clear her influence in Albany or how that will all transpire. Any thoughts on the first female governor actually in New York taking the reins?

BENNETT: No, I know very little about it. But I just wanted to say the point about the media. Because of the outsized presence of the media in New York, we were saturated with this -- with this coverage.

And you know, many more important issues are going on in this country. The invasion at southern border, crime, revolution in the schools.

Bret, I think you ought to suggest that some of the major media may want to move to Florida or some other state. It would just would be good in terms of, you know, differentiating a little bit.

We know it's an echo chamber when CBS has launched with NBC with the New York Times. And I don't think the governor of Tennessee, where Harold's from, or the governor of North Carolina where I'm sitting. If they had made these pronouncements, wouldn't have had near the effect. And this is partly because of the incredible influence of New York, Washington, and L.A. disproportionate outside.

BAIER: Yes, Harold, any thoughts about the lieutenant governor and her prospects and dealing with Albany, which can be a tough place to make things happen?

FORD: Bret, you're talking to me?

BAIER: Yes, Harold, you know, New York?

FORD: I'm sorry that you broke up one second. Look, I think, look, I think that she will have our hands full. But she apparently has reaching out to some of the current aides that may want to stay on. She has her own team. She served in Congress. So, she brings relationships with members of Congress.

So, as much as their hands will be full because it's happening so quickly, I think she will -- I think she's going to move into this position with the experience, with the expertise, and with the relationships to do well.

The key will be a good relationship with the new New York City mayor, which likely will be Eric Adams.

BAIER: OK. Panel, we'll see you at the bottom of the show. Thank you very much.

Also, "BREAKING TONIGHT", President Biden says the passing of the bipartisan infrastructure spending bill proves democracy still works in his words. But before the ink is dry on that measures, Senate Democrats are already pushing a $3-1/2 trillion domestic package that will incorporate elements of the Green New Deal. Other things, child care, Republicans characterize that as inflicting pain on the middle class without letting them have a say.

White House correspondent Peter Doocy has the tonight on all that from the North Lawn. Good evening, Peter.

PETER DOOCY, FOX NEWS CHANNEL CORRESPONDENT (on camera): Good evening, Bret. A trillion dollars is a lot of money. It is a one with 12 zeros after it. It is a million million. And it is also just the starting point as the president hopes the government can lead the way in addressing things that matter most to progressives.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: This is transformational.

DOOCY (voice over): And timely.

BIDEN: Some bridges are so weak, that they couldn't have a fire truck go across it. Requiring a fire department to go 10-12 miles out of the way to get just literally a mile away to put out a fire.

DOOCY: Sounds urgent but Speaker Pelosi won't take it up until the House passes an enormous $3.5 trillion budget first.

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: He is going to work in lockstep with Speaker Pelosi, just as we have worked in lockstep with leader Schumer, successfully over the last several weeks and months to get this done.

DOOCY: The president is confident in the speaker.

BIDEN: We'll get it done. I'll get both.

DOOCY: But unlike the infrastructure package that enjoyed support from leading Republicans.

BIDEN: I want to thank Republican -- Senate Republican Leader Mitch McConnell for supporting this bill.

DOOCY: No such support for the budget bill,

SEN. MITCH MCCONNELL (R-KY): Senate Democrats want to take their next big step toward playing Russian roulette with our country. They want to begin pushing through a reckless taxing and spending spree that was authored by our self-described socialist colleague, Chairman Sanders.

DOOCY: The president is also trying to figure out how to get more people vaccinated.

BIDEN: And I understand that to badger those folks is not likely to get them to move and get vaccinated.

DOOCY: And has lawyers looking to see if you can intervene in states that don't enforce mask mandates.

BIDEN: We're checking that but there are -- on federal workforce, I can.

DOOCY: The feds were reportedly considering withholding funds from Florida.

PSAKI: Obviously, we don't want to hurt the people of Florida.

DOOCY: But today, the president focus less on the pandemic and more on a victory lap.

BIDEN: I know a lot of people, some sitting in the audience here didn't think this could happen. This bill's declared dead more often than anyway.

(END VIDEO CLIP)

DOOCY (on camera): The president doesn't usually host an event like that until there is a bill to sign and there's not right now. This infrastructure package has only passed the Senate, not the House.

He did use his remarks, though, to talk up the value of bipartisanship, which was definitely on display with infrastructure. But bipartisanship is not expected to be part of the next package, Bret.

BAIER: And Peter, even though across the country there are these talks about vaccine mandates underway, there's still no one nominated to head the FDA.

DOOCY: Right and there still is no FDA final authorization full approval of the vaccines. But the president says -- said today he understands that is something that is driving vaccine hesitancy and even though the vaccination stats have been improving recently, he sees this final FDA approval as something that is going to get the numbers even higher. And he says he hopes it comes in the next couple of weeks, Bret.

BAIER: I'm going to stay there on the North Lawn of the White House. Get inside.

DOOCY: Yes, I don't think -- I don't think the heavy stuffs coming down for quite a while.

BAIER: For quite some time now. All right, Peter, thank you.

Up next, Chicago police turn their backs on the mayor, we'll tell you why.

(BEGIN VIDEO CLIP)

LORI LIGHTFOOT, CHICAGO MAYOR: The police are not our enemies.

JOHN CATANZARA, PRESIDENT, CHICAGO FRATERNAL ORDER OF POLICE: Now she has to pivot. And now she has to be our best friend. It's too damn late.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BAIER: Chicago police are turning their back on Democratic Mayor Lori Lightfoot. Literally. Several showed their contempt when the mayor came to a hospital after the murder of one officer and the critical wounding of another.

Correspondent Garrett Tenney has the story from Chicago.

(BEGIN VIDEO CLIP)

GARRETT TENNEY, FOX NEWS CHANNEL CORRESPONDENT (voice over): The two Chicago police officers shot on Saturday never even drew their weapons before they were callously shot in the head. That's what a judge said today as bail was denied for the two brothers prosecutors say are responsible.

Emonte and Eric Morgan were out on probation for separate cases involving robbery and theft and apparently got the semi-automatic gun from an Indiana man Jamel Danzy, who's been charged with federal weapons violations for straw buying the gun.

DAVID BROWN, CHICAGO POLICE SUPERINTENDENT: These are dangerous people who don't mind killing officers or people in Chicago.

TENNEY: Superintendent David Brown said this weekend shooting was a blow to the already low morale among CPD's rank-and-file.

BROWN: They feel alone. They feel unsupported. They feel like no one appreciates the work they do.

TENNEY: That frustration was on display Saturday night when more than two dozen officers turned their backs on Mayor Lori Lightfoot during her visit to the hospital the injured officers were taken to.

A demonstration the mayor's office tried to downplay saying, in a time of tragedy, emotions run high and that is to be expected. The mayor spoke to a range of officers that tragic night and sensed to the overwhelming sentiment was about concern for their fallen colleagues.

But according to the head of the city's police union, the family of officer Ella French's partner who was shot told the mayor they didn't want to see her. And when she showed up, the officer's father, a recently retired cop himself laid into her. Essentially saying the blood of his son was on her hands.

CATANZARA: The officer's father gave her a piece of his mind and the officers up there all turned their back on the mayor and rightly so. It was the exclamation point to the sentiment that was outside on the street level.

(END VIDEO CLIP)

TENNEY (on camera): Through July, more CPD officers retired this year than in all of 2018 according to Chicago's police pension board, and that trend is one we are seeing in major cities throughout the country, Bret.

BAIER: Garrett Tenney in Chicago. Garrett, thanks.

Pediatric cases of coronavirus are on the rise tonight. Children's hospitals in Louisiana, Tennessee and Florida are at or nearing capacity.

Washington D.C. Democratic Mayor Muriel Bowser is requiring all district employees to be fully vaccinated. She says they have until September 19th.

And on hypocrisy watch now, Michigan Democratic Congresswoman Rashida Tlaib danced without a mask during an indoor wedding Sunday. The event occurring in a county where the CDC is calling for indoor masking.

This happened as Congresswoman Tlaib criticized Kentucky Republican Senator Rand Paul after he encouraged Americans to resist new CDC guidelines. Tlaib's office is not commenting.

Texas Governor Greg Abbott is asking for out-of-state help to fight the coronavirus resurgence, especially with hospitals.

Meanwhile, school districts in several cities in Texas are defying the governor and requiring students and staff to wear masks. Senior correspondent Casey Stegall has the latest tonight from Dallas.

(BEGIN VIDEO CLIP)

CASEY STEGALL, FOX NEWS CHANNEL CORRESPONDENT (voice over): The San Antonio leaders on Tuesday join the fight against Texas Governor Greg Abbott's emergency order, which prohibits local governments or school systems from creating their own COVID mask and vaccine mandates.

A lawsuit filed in state districts court essentially asks that power be restored at the local level when it comes to how communities establish their own pandemic protocols. Mayor Ron Nirenberg saying in a tweet, unvaccinated kids shouldn't be forced to gamble with their lives while the deck is stacked against them.

The suit specifically targets face coverings in public schools, arguing it should not be up to the governor to decide.

MICHAEL HINOJOSA, DALLAS ISD SUPERINTENDENT: I'm issuing a temporary order that everyone on campus will be wearing a mask.

STEGALL: At least two other school districts meantime had already defied the governor's order. Dallas and Austin school leaders said masks would still be required at all campuses for now. While other districts like Fort Worth.

UNIDENTIFIED MALE: We are not going to mandate mask wearing.

STEGALL: A similar battle is also being waged in the Sunshine State after Governor Ron DeSantis put similar restrictions on public schools.

UNIDENTIFIED FEMALE: There will be community spread when these children bring the virus home to their unvaccinated parents or unvaccinated neighbors.

STEGALL: At least seven Florida counties have either filed lawsuits or chosen to ignore the governor's order and create their own rules. Today, DeSantis doubled down on his decision.

GOV. RON DESANTIS (R-FL): If you believe in the masking during the school, you're free to do it. But if you're somebody that is concerned about that, that thinks that that may not be the right thing for your child, then I think you should have the right to make that ultimate decision.

(END VIDEO CLIP)

STEGALL (on camera): Governor Greg Abbott's press secretary telling Fox News that the current health disaster has continued to change and so should the state's response. Adding that the governor does in fact have full authority to issue executive orders in response to a disaster, Bret.

BAIER: Casey Stegall in Dallas. Casey, thanks.

You can find nearby vaccine locations by going to vaccines.gov.

Stocks were mixed today, the Dow gained 163 to post a new record close. The S&P 500 finished ahead four, the NASDAQ lost 72 today.

Up next, President Biden goes up against his former boss over a controversial gas pipeline from Russia to Western Europe. We'll tell you why.

(COMMERCIAL BREAK)

BAIER: President Biden is breaking with policies of the last two administrations by not opposing a controversial gas pipeline from Russia to western Europe. We have talked about it before. Tonight we look at why, and what this all means. Here is State Department correspondent Rich Edson.

(BEGIN VIDEO TAPE)

NED PRICE, STATE DEPARTMENT SPOKESMAN: Would we like to be able to halt the pipeline's construction? Of course. You bet. But that wasn't a realistic option.

RICH EDSON, FOX NEWS STATE DEPARTMENT CORRESPONDENT: And so the Biden administration cut a deal with Germany, essentially allowing Russia to complete the Nord Stream 2 gas pipeline in exchange for energy security projects in eastern Europe. Now overseeing that agreement, an outspoken opponent of the pipeline and an official who has warned for years about these Russian energy projects.

AMOS HOCHSTEIN, INTERNATIONAL ENERGY AFFAIRS ENVOY: We cannot have a dependence of a region or a country on a neighbor for its most basic needs.

EDSON: Amos Hochstein served in the Obama State Department as an energy envoy, and then on the supervisory board of Ukraine's state-owned gas company. One congressional aide tells FOX the appointment of a strong pipeline opponent to oversee a deal allowing its construction is an attempt to soften an agreement congressional Republicans and Democrats have criticized.

Democratic Senator Jeanne Shaheen says Hochstein's experience makes him the right pick, though, quote, "The Biden administration must continue to address and minimize the energy security risks posed by this pipeline."

Then there's the environmental impact of a Russian pipeline delivering carbon energy to Germany, while the Biden administration tries to cut emissions at home.

JENNIFER GRANHOLM, ENERGY SECRETARY: They know that everybody is looking at them. We've got our own problem, but so does Russia, and we need to pressure both.

(END VIDEO TAPE)

EDSON (on camera): In this agreement with Germany, pipeline opponents point to two other American allies, Ukraine and Poland. Their governments say this deal is insufficient and fails to prevent greater European energy dependence on Vladimir Putin's Russia. Bret?

BAIER: Rich Edson at the State Department. Rich, thank you.

Tonight we have new exclusive video from the southern border. We see hundreds of migrants streaming into south Texas even as the Biden administration insists the border is still closed, in their words, and one of its top officials prepares for a visit Thursday. Chief correspondent Jonathan Hunt shows us tonight from Mission, Texas.

(BEGIN VIDEO TAPE)

JONATHAN HUNT, FOX NEWS CORRESPONDENT: Almost every minute of every day, Border Patrol agents are intercepting migrants who cross the Rio Grande. Some hide in small groups, hoping, and in this case, failing to outwit the agents. Others come in large groups. This one last night a startling sight, several hundred strong, their goal not to evade Border Patrol agents, but to get picked up, processed, and hope for asylum.

It is a constant flow, and the White House is also being pushed by Mexico to remove pandemic related travel restrictions and fully open regular border crossings. That could potentially attract more migrants to those facilities just as the Biden administration says it is adopting new measures to try to ameliorate the crisis, such as expulsion flights deeper into the Mexican interior, and renewed attempts to avoid overcrowding at holding facilities here.

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: A Newer step that we have started to take, which is moving migrants from one part of the border to another where there might be more processing capability or facility capacity to expel migrants.

HUNT: So far whatever the administration has tried has not worked. The number of migrant apprehensions has shot up rather than headed down, so much so that the 210,000 apprehensions in July represent a fivefold increase over the same month in 2020. It is against that backdrop that Homeland Security Secretary Alejandro Mayorkas will travel to south Texas on Thursday and, the DHS says, meet with those working the frontlines.

(END VIDEO TAPE)

HUNT (on camera): If the secretary speaks with any of the many Border Patrol agents who have spoken with us off camera here, and if those agents are as candid with him as they have been with us, he will likely hear stories of frustration, exhaustion, even outright anger that more is not being done to stem the still rising tide of migrants crossing this border. Bret?

BAIER: Jonathan Hunt along the border in Mission, Texas. Jonathan, thanks.

Up next, a northern Virginia school board holds its first meeting since things got a little crazy two month ago.

First Beyond our Borders tonight. Police in Thailand fire teargas and rubber bullets at antigovernment protesters. Demonstrators there demanding the resignation of the prime minister over the response to COVID and pressing for reforms in the monarchy.

President Biden says he will not change his Afghanistan withdrawal strategy and that Afghans have to fight for themselves, in his words. This comes amid fresh warnings to Taliban leaders in Afghanistan. U.S. envoy Zalmay Khalilzad says they risk becoming global pariahs for any military takeover of the capital of Kabul, even though as the Taliban is advancing.

North Korea is denouncing the resumption of U.S.-South Korea military drills. The sister of leader Kim Jong-un calls them an invasion rehearsal and is warning of possible preemptive reaction in response.

Just some of the other stories Beyond our Borders tonight. We'll be right back.

(COMMERCIAL BREAK)

BAIER: Breaking tonight, a federal judge has ruled several Indiana laws restricting abortion are unconstitutional, including ban on telemedicine consults between doctors and women seeking abortions. The judge's ruling also upheld other state abortion limits that were challenged in a broad lawsuit filed by Virginia based Whole Woman's Health Alliance in 2018 as it fought the denial of a license to open an abortion clinic in South Bend. We will follow this likely to the Supreme Court.

The National Security Agency's internal watchdog says it will investigate allegations that the agency, quote, improperly targeted the communications of a member of the U.S. news media. This follows Tucker Carlson's claims the NSA tried to shut down his show. Conservatives have for weeks demanded an investigation into Carlson's claim that a major U.S. spy agency targeted his program in any way.

A northern Virginia school board is holding its first meeting right now since a fiery session in June we brought you, featured parents upset over a new transgender policy. Correspondent Anita Vogel tells us what's happened tonight in Loudoun County, Virginia. Good evening, Anita.

ANITA VOGEL, FOX NEWS CORRESPONDENT: Well, good evening, Bret. Tonight the board is considering a number of policies about how to treat transgender students. And it is really dividing the community over what exactly is a priority.

Let's take a look at what's on the agenda tonight. First, whether children should be able to use the bathroom or locker room of their choice. Second, whether to require teachers and students to call fellow students by their preferred pronoun, and whether to allow students consistent with their gender I.D. to have access to participate in extracurricular activities, including sports.

Right now, inside the building they are taking a break. But when they come back, they may also talk about whether to allow students to keep their gender preference at school private from their parents if they choose.

While a number of parents support all of these policies, others say somewhere in this social agenda, education got lost.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Our kids are walking into these classrooms with social anxiety and emotional challenges. And you have done nothing except train teachers in cultural competency. What about our kids?

UNIDENTIFIED FEMALE: It breaks my heart what has happened to this school board.

I'm here to ask you to support 80-40. Vote for that policy, because when we protect trans students, gender nonconforming students, and students of color, we protect all students.

(END VIDEO CLIP)

VOGEL: Now the student got -- the district, rather, got quite a lesson in how not to run a meeting back in June, so they are doing a lot of things differently tonight. First of all, they have hired extra private security, and they are limiting the number of parents who are allowed inside the building at one time to just 20. Some parents have been speaking virtually, but most are speaking in person. And you can really feel the extra security here. So far people have been very passionate inside, but also very calm.

Now, the board will plan to meet tonight as late as 10:00 p.m. But if they don't finish up this evening, then they will take a vote tomorrow. And very interesting, there is media here from all over the world very interested in what is happening in U.S. public education. There are crews here from Japan, from Denmark, and even Sweden. Bret, back to you.

BAIER: International story. We'll follow it. Anita, thanks.

Up next, the panel on the passage of the bipartisan infrastructure bill by the Senate and what comes next.

First, here what some of our FOX affiliates around the country are covering tonight. FOX 32 in Chicago where another round of severe storms is expected today. Forecasters confirmed at least six tornadoes touched down Monday. Severe weather knocked down trees and power lines, causing some outages.

And this is a live look at St. Louis from FOX 2, the arch there, the big story there tonight, Missouri's 200th birthday. Missouri became the nation's 24th state in 1821. Ice cream socials are being held across the show me state to celebrate the bicentennial.

That's tonight's live look outside the beltway from SPECIAL REPORT. We'll be right back.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER, (D-NY) SENATE MAJORITY LEADER: Despite this long road we have taken, we have finally, finally reached the finish line. Of course, we Democrats believe we need to do much more.

SEN. MITCH MCCONNELL, (R-KY) SENATE MINORITY LEADER: The policies they want to put behind this budget resolution read like somebody walked across the rotunda to the House and handed the squad a pen and piece of paper.

JOE BIDEN, (D) PRESIDENT OF THE UNITED STATES: This historic investment in infrastructure is what I believe you, the American people want, what you have been asking for for a long, long time. This bill shows that we can work together.

(END VIDEO CLIP)

BAIER: It was significant, this passage of this infrastructure bill today. The vote alone was a statement. You had 69 senators voting yea, 30 nay. Again, a bipartisan piece of legislation.

However, this is how "The New York Times" looks at it going forward. The measure faces, quote, "a potentially rocky and time-consuming path in the House where Speaker Nancy Pelosi and a majority of the nearly 100 member progressive caucus have said they will not vote on it unless and until the Senate pass as separate, even more ambitious $3.5 trillion social policy bill this fall. That could put the infrastructure bill on hold for weeks if not months." So it's not exactly the finish line as of yet.

We're back with our panel, Bill Bennett, Harold Ford Jr., and Byron York. Byron, that is the key, this linkage, and what happens in the Housee.

BYRON YORK, CHIEF POLITICAL CORRESPONDENT, "THE WASHINGTON EXAMINER": It is, and progressives are going to make a lot of noise about it in the House. But really, I think the thing to look at here is we are entering this era of just crazy federal spending. Congress has already passed in March, signed into law by the president, a $1.9 trillion COVID relief bill. Now we have this $1.1 trillion infrastructure bill. That's $3 trillion in extra spending right there. And now they want to add the $3.5 trillion on top of that.

I don't think they are going to get it. I don't think they are going to get all $3.5 trillion, but they are going to get a lot. So we may be looking at $5 plus trillion in extra spending this year. And Democrats have pulled it off without having a majority of seats in the Senate. It's tied 50-50. And if they're able to pull off $5 trillion or $6 trillion in extra spending, that's an astonishing accomplishment with terrible, terrible repercussions for the economy.

BAIER: And it just makes you think back to that Georgia run-off election with the two Senate seats and what happened there as far as losing that and losing the majority and what that meant going forward.

But, talking about this bill, Bill Bennett, it is a bipartisan effort, and there is no doubt that people argue there has to be improvement to infrastructure around the country. But by tying it to this second bill, don't Democrats risk -- you worked for Ronald Reagan, and he said you have got to take the win. You've got to take half-a-loaf. Don't they risk not getting it across the finish line.

BILL BENNETT, FORMER EDUCATION SECRETARY: I do think they risk that. I'll defer to the former member Harold and to close observer Byron, but yes, I do think they risk that, very much so, because this one they've got. They had 19 Republicans sign on to this. But this monster, this $3.5, $3.7 trillion, are they confident that they have Kyrsten Sinema and Joe Manchin, or do they just believe that under reconciliation, which is the vehicle they will use to get this monster through, that they will just pare it down, satisfy their conscience that way, Manchin and Sinema, and still have this huge thing? They have Scylla and Charybdis. Scylla is the House progressives, and the Senate they have got Sinema and Manchin. Those are serious obstacles to navigate.

BAIER: Harold, we talk about this in the way of the Senate and looking at those moderates, Kyrsten Sinema, Joe Manchin, there are others -- Warner from Virginia, Kaine from Virginia, there are others who have problems with big deficit, debt numbers. But why isn't it phrased the other way? Why isn't the pressure on House Speaker Pelosi to put this bill, now passed the Senate, on the floor for an up or down vote and see what happens?

HAROLD FORD JR., FORMER TENNESSEE REPRESENTATIVE: I think we are moving there. It's important to note, also, I agree with just about everything Byron York and always largely agree with Secretary Bennett. This is the largest and most significant infrastructure bill that has passed since the 1950s, the national highway bill, transportation bill which Eisenhower passed along with the help of the very first Al Gore, Al Gore's father, who was a U.S. senator. Two, it was done in a bipartisanship way. Hopefully we build some legislative muscle and memory about how to address big things, including maybe they will deal with crime and immigration and how we more easily distribute economic growth to urban and rural America alike.

To your direct question, Bret, the pressure does move to the House. Speaker Pelosi has proven to be very adept, an adept legislator. We shall see. Thee got the healthcare bill passed for Obama, and it sounded today like President Biden was asking in the kindness and most strenuous of ways, pass this fracture bill.

BAIER: With no strings attached, perhaps. We will see, panel.

When we come back, tomorrow's headlines with you all.

(COMMERCIAL BREAK)

BAIER: Finally tonight, a lightning look at tomorrow's headlines with the panel. Bill, first to you.

BENNETT: You stole my thunder, Loudoun County parents. Here is the bulletin -- Loudoun County parents believe sex differences male and female are real and fundamental. They took on Critical Race Theory. Now they are taking on something maybe even more explosive. They are brave people.

BAIER: All right, Harold?

FORD: First happy 200 to Missouri, but my headline is the country wins with bipartisanship passing of infrastructure plan.

BAIER: Byron?

YORK: White House seeks to clarify. Biden's statement to Governor Cuomo did, quote, "a hell of a job." I don't think we're going to hear the president repeating that one.

BAIER: We have heard that before from presidents. Thank you all, panel. Appreciate it.

Thanks for inviting us into your home tonight. That is it for this SPECIAL REPORT, fair, balanced, and still unafraid. FOX NEWS PRIMETIME -- have you seen this show? It's really good. Hosted this week by Lawrence Jones starts right now. Hey, Lawrence.

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