'Your World' on next Supreme Court pick, Russia-Ukraine tensions

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Clyburn: Black South Carolina judge may get bipartisan support if nominated for SCOTUS

House Majority Whip James Clyburn told 'Your World' that fellow South Carolinian J. Michelle Childs may receive bipartisan support if nominated by President Biden to the Supreme Court

This is a rush transcript from "Your World," January 27, 2022. This copy may not be in its final form and may be updated.

SANDRA SMITH, FOX NEWS ANCHOR: Live now at the Southern border in Texas.

An ICE official coming forward and telling FOX those mass releases of migrants our own Bill Melugin has been capturing just scratch the surface, and border agents reportedly letting Homeland Security Secretary Alejandro Mayorkas have it.

We're going to be talking to the former acting DHS Secretary Chad Wolf about all of that in just a moment, but first this.

Russian tensions spiking, the Pentagon defending the timing of its aid to Ukraine that's still coming, all of it as Russian invasion could be nearing.

Hello, and welcome, everyone. I'm Sandra Smith, in for Neil Cavuto. And this is "Your World."

President Biden holding a call with Ukrainian President Volodymyr Zelensky. So what are we learning about that? And what did come from it?

Let's talk to Mark Meredith. He's live in Washington. He's got the latest details from that call.

Hi, Mark.

MARK MEREDITH, FOX NEWS CORRESPONDENT: Hey, Sandra. Good afternoon to you.

Moments ago, Ukraine's president tweeted out his thoughts on the call he had today with President Biden, President Zelensky saying he thanked the U.S. for its ongoing military assistance, and that the two leaders also discussed the potential for more financial support.

We're still waiting for the official readout that will come from the White House. But earlier today, we also heard from the Russians, who said that there is -- quote -- "little ground for optimism," despite all of the continued diplomatic efforts from everyone involved.

The Pentagon says, in the last few hours, it has seen a continued buildup of Russian forces near Ukraine. That's after U.S. officials sent Russia a formal response rejecting its request to ban Ukraine from joining NATO.

Russian officials say they are still, though, reviewing the full U.S. response. Also today, U.S. officials say they remain convinced an invasion into Ukraine could still come at any time. At least 8,500 U.S. troops remain on alert to potentially deploy to Eastern Europe. They would be assisting NATO.

This afternoon, our Pentagon correspondent, Jennifer Griffin, pressed officials, though, if the U.S. was waiting too long to provide much needed support to Ukraine.

(BEGIN VIDEO CLIP)

JENNIFER GRIFFIN, FOX NEWS NATIONAL SECURITY CORRESPONDENT: It just seems like this is the 11th hour. What is taking so long?

JOHN KIRBY, PENTAGON PRESS SECRETARY: There's no 11th hour here, Jen.

We have been providing -- in the last year alone, we have provided many millions dollars' worth of capabilities to Ukraine, $60 million just in -- over the course of the spring. And then, in December, President Biden authorized another $200 million.

(END VIDEO CLIP)

MEREDITH: Meantime, German officials are warning an invasion could cost both their country and Russia a lot of money.

Today, Germany's foreign minister joined U.S. officials in suggesting an invasion could have major implications for the forthcoming Nord Stream 2 pipeline. That pipeline, of course, remained controversial, but it was built to carry gas from Russia through the Baltic Sea to Germany.

Still, U.S. officials insist diplomacy is not dead. We are expecting more talks in the days ahead, including between our secretary of state here in the U.S. and Russia's foreign minister -- Sandra.

SMITH: Mark Meredith live in Washington for us.

Thank you, Mark.

Let's get right to retired Army Lieutenant Colonel Danny Davis on all this.

Great to see you and great to have you here.

LT. COL. DANNY DAVIS (RET.), U.S. ARMY: Thanks for having me.

SMITH: So, is this threat to halt the opening of the Nord Stream pipeline, is this an effective strategy for us?

DAVIS: You know, I mean, if your objective is to try to deter Putin, it's not going to have any impact at all.

He's calculated that in from the beginning long before we got to this point, and he can definitely handle that. But we have got to stop and just kind of look at this from a little bit larger perspective, rather than just what's happening on the ground. And we have got to say, why is it in America's interest to potentially risk war with Ukraine first or, secondly, it potentially if it spreads out with Russia, over -- just because we don't want to let Ukraine into NATO -- or because we don't want to extend Ukraine NATO membership?

Because, look, the NATO charter itself, on extension, says that you have to have resolved all your internal disputes from ethnic groups or religious groups and all border disputes, neither of which Ukraine has done.

And so it would be not in our interests to bring Ukraine in. And that is the primary issue that's driving Russia. So, if we could just say, hey, we're going to put a moratorium on that right now, that is the best way to deter Putin from attacking Ukraine, and that would be even better for Ukraine.

We stay on this path here and war becomes likely.

SMITH: All right, let me just get -- make sure I have this straight. Are you suggesting that it's not in our interests to prevent Putin from a takeover of Ukraine?

DAVIS: No, not at all, not at all.

As a matter of fact, if we take this moratorium I'm suggesting, Putin will have no motivation to go into Ukraine. But the truth is, right now, his forces where they are, they can take Ukraine any time of their choosing, and there's literally nothing we can do to stop it, because they have all the forces in place.

And we're not going to risk nuclear war with Russia right away.

SMITH: OK.

DAVIS: But this could stop it.

SMITH: I'm curious to how this would happen, because, when I was listening to Ned Price, I was keenly listening to any specifics that he would offer as to how we would stop the flow of gas through the Nord Stream pipeline.

He didn't offer any specifics. But he did say that we would work with Germany to make that happen. We know that Germany has great interest in that energy to come to their country.

DAVIS: Right.

SMITH: They are highly dependent on Russia; 50 percent of their nat gas comes from Vladimir Putin.

DAVIS: Right. That's exactly right.

SMITH: So, are we certain that Germany would join that fight?

DAVIS: No, we're not.

And, as a matter of fact, but it's also important to understand the Nord Stream 2 pipeline is not yet open. It's finished. But it's not yet open.

SMITH: Yes.

DAVIS: So gas is still coming there. But it's coming from elsewhere, meaning this won't have any practical implications. But that's also Russia -- Germany would be hoping that Putin wouldn't shut off the pipelines that are running from other places, because it would be catastrophic, not just for Germany, but for all of Western Europe, because Russian gas goes all over the places.

So we have to be careful, not just for ourselves, but for our NATO allies, that we don't make a bad situation worse for them. And, right now, this is -- this could go bad in so many different ways.

SMITH: Colonel, we hear you.

Real quick, when do you think something happens if Vladimir is deciding to move in there?

DAVIS: Well, I mean, obviously, no one can know for sure. But I think, within a few days from now, maybe a week or so, that some of these deployments that they have will be complete. And then it could be at any moment.

SMITH: Really interesting.

General Keane last hour saying he thinks that we should already have troops moved in there. Should have done it a while ago, he said.

Great to have you here, Colonel. Good to get your thoughts on that.

(CROSSTALK)

DAVIS: All right, thank you very much.

SMITH: Did you have a real quick final on that? I'm sorry.

DAVIS: Yes, I did.

I was saying, look, American forces should absolutely under no circumstances get involved in this war. There's nothing that would be worth their blood that's going on in Ukraine. We just need to stop that right now and preserve our own security.

SMITH: Well, the Pentagon confirming they have got 8,500 troops at the ready. They have maintained that for days now.

All right, Colonel, great to see you. Thank you.

DAVIS: Always. Thank you.

SMITH: And more on that coming up.

Meanwhile, President Biden set to make his first Supreme Court pick, appearing with retired Justice or retiring Justice Stephen Breyer at the White House a little bit later -- a bit earlier today, the president confirming he plans to nominate the first black female to the Supreme Court.

House Majority Whip James Clyburn has an idea on who he thinks could get some GOP support. We're going to speak to him in just a moment.

First to Peter Doocy, though, at the White House with more on the potential time frame for that nomination.

We know a whole lot more now on that after the White House briefing, Peter.

PETER DOOCY, FOX NEWS WHITE HOUSE CORRESPONDENT: We learned a lot today, Sandra, including that the president has apparently been studying biographies for potential nominees since last year, and that when this big announcement comes at some point next month, the nominee may not be a judge at all.

(BEGIN VIDEO CLIP)

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: Well, the president believes that sitting judges can make excellent justices. But he does not believe that is a prerequisite.

(END VIDEO CLIP)

DOOCY: That's new.

The nominee remains nameless for now. But Republican opposition is already taking shape, because, even though President Biden is saying he plans to consult with Republicans, members of the minority party say the Biden pick could be someone who gets in there and tries to legislate from the bench.

(BEGIN AUDIO CLIP)

SEN. TOM COTTON (R-AR): I'm fearful that the president is going to nominate a left-wing ideologue who believes it's the Supreme Court's role to write the laws and make the laws not apply and interpret the laws.

(END AUDIO CLIP)

DOOCY: Democrats, though, are signaling this process will go fast.

They do not want to wait until closer to the midterms to try to excite their base. The plan is to try to confirm someone before Breyer steps down in June.

His remarks today were very brief. And they came with a parting gift.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: I don't know that you have ever been to the White House in the Lincoln Bedroom.

I invite both of you to come and stay.

(END VIDEO CLIP)

DOOCY: And we don't know if the Breyers took the president up on that. But the president's got a busy day. He went from that announcement to -- back to the Oval Office, where he is on a call with the Ukrainian president right now -- Sandra.

SMITH: OK.

And we will see what comes from that.

Peter Doocy live at the White House for us.

Thank you, Peter.

Our next guest predicting potential Supreme Court pick J. Michelle Childs would secure some GOP votes if nominated by the president.

House Majority Whip South Carolina Democratic Congressman James Clyburn is floating that idea.

Tell us more about it. What do you think? And what are your wishes when it comes to the president filling this seat?

Welcome.

REP. JAMES CLYBURN (D-SC): Well, thank you. And thank you very much for having me.

As you may know, this situation we're in today is about 2 years old. It was in February 2020 that the president, or, at the time, candidate Joe Biden made the commitment that, if given the opportunity, he would nominate the first African-American woman to serve on the Supreme Court.

I think that one of the real blights on the history of this great country is the fact that, of all the years, there's never been a black woman even considered for the United States Supreme Court.

Here we are, having had five women, two retired, one has passed away, one retired, and three sitting there now, but nobody has even ever talked about putting an African-American woman there.

So, when I talked with the president, now-president, then-nominee, candidate, I asked him to take a look at that, and to pledge to do something about that. He took a look. He pledged to do something. And he is now going to do it.

SMITH: So, who is it specifically that you have in mind?

I will read a quote from you verbatim: "I want us to make sure that it is a black woman. I want to make sure that it is a woman that will get universal support."

You said: "When I say universal, I mean, bipartisan support."

Who could garner that, in your view?

CLYBURN: I suspect that all of them could. But I just know one who would.

And that's J. Michelle Childs, because, when I first advanced her name, I talked with the two Republican senators from South Carolina, Lindsey Graham and Tim Scott, and told them that I was going to advance her name, asked them what they thought about her. Both of them were very, very favorably disposed when speaking of them -- of her.

So, I think that signals -- that's a good signal.

SMITH: And, of course, she's the U.S. district judge.

So, you say that Tim Scott and Lindsey Graham would support her. I believe you have described both as very high on Michelle Childs.

What is your vision to fill that seat? Obviously, there's a lot of talk about the potential for the president to give a nod to the progressive crowd to fill that seat. Some want to take a more centrist route. So, describe Childs and why she would be the best pick, in your view.

CLYBURN: Well, to be clear, I said they're favorably disposed toward to her. They are high on her. I have no idea how they will vote if she were the nominee.

I do know this, that, before she was a district -- a federal district judge, she was a South Carolina circuit judge, before that, a workers comp judge. The state -- she was the deputy director of a state agency.

And she has incredible credentials. As a federal district judge, she's president of the Federal Judges Association. And when she was a circuit judge, the state chief justice of the Supreme Court often went to her to sit as a special judge and -- on the Supreme Court.

So, she has had tremendous leadership wherever she's been. She was born up there in Detroit, father died when she was 13 years old. Her mother moved her and her sister to Columbia, South Carolina, graduated from Columbia High School, was the valedictorian of her class, president of the student body.

Got a scholarship to University of South Florida, an honors college.

SMITH: Yes.

CLYBURN: And that is good credentials, it seems to me.

She has two master's degrees and a juris doctorate.

SMITH: OK.

Whip Clyburn, great to get you on, on that. And I'm looking through the statement that Nancy Pelosi just issued a few moments ago. And I think it notable that -- and I'm reading through this very quickly -- that nowhere in there did I see her back the call for President Biden, which he has said many times in his wishes, that this be a black female that fills the vacant seat by Breyer.

I thought that notable. I will just give you a real quick final thought there.

CLYBURN: Well, I have no idea whether Nancy Pelosi even knows any of these candidates.

I know several of them. And I know Judge Childs very, very well. And so I don't think she's opposed to anybody. Maybe she's just expressing her knowledge of them.

SMITH: OK. I'm sure we will -- I'm sure we will find out a whole lot more soon.

And a lot of the justices now, I believe, have just put out their statements upon his announcement of the retirement, Justice Breyer.

Whip Clyburn, we really appreciate you joining us. Thank you, sir.

CLYBURN: Thank you.

SMITH: OK.

To New York City and st. Patrick's Cathedral now, an emotional day, as the body of slain 22-year-old NYPD Officer Jason Rivera lies inside, Rivera, one of the two officers killed in an ambush shooting by a career criminal.

Our own Bryan Llenas has more. He's live at St. Pat's Cathedral for us now.

Hi, Brian.

BRYAN LLENAS, FOX NEWS CORRESPONDENT: Hi, Sandra.

Well, mourners will be able to come pay their respects here at St. Patrick's Cathedral until 8:00 p.m. tonight. It is open to the general public.

A procession of NYPD vehicles led the way for his casket to arrive here at the cathedral from the Bronx earlier this morning. He was well-greeted by bagpipes and honored by 200 NYPD officers, who saluted him as his casket was brought into the cathedral flag-draped, but with the NYPD logo.

Rivera and his 27-year-old partner, Wilbert Mora, were ambushed, shot and killed responding to a domestic dispute. Since 1:00 p.m., hundreds of fellow officers and New Yorkers have been lined up. In fact, reportedly, up to 1,800 mourners per hour were let inside the cathedral to pay their respects to the 22-year-old officer and his family.

New York City Mayor Eric Adams, a former NYPD captain himself, arrived this afternoon just after 3:00 p.m. And he delivered this message before he arrived at the cathedral. Listen.

(BEGIN VIDEO CLIP)

ERIC ADAMS (D), MAYOR OF NEW YORK: As our city a mourns the loss of two officers, today's a wake for one, and funeral tomorrow, both these offices, we sit under the tree of public safety because they have watered the tree with their blood. And we should never forget that.

(END VIDEO CLIP)

LLENAS: Officer Rivera was the first in his Dominican American immigrant family to wear the NYPD uniform.

The rookie had just joined the NYPD in 2020. He says he wanted to join to rebuild the relationship between the police and the community. Rivera had just married his wife in October. Their life together was just getting started.

He's being remembered as someone who likes to take care of everyone he's remembered for his spirit and his smile. Last night, distraught fellow officers remembered Rivera and his partner, Wilbert Mora.

(BEGIN VIDEO CLIP)

CHARLIE RUIZ-REYES, NYPD OFFICER: I'm sorry not being there that day, and to know that there's not going to be another roll call that ends, and you're not making a joke, smiling or laughing out loud. Your smile lit up a room.

(END VIDEO CLIP)

LLENAS: And, Sandra, as that vigil was happening last night at the 32nd Precinct in Harlem, the NYPD says the tires were slashed on six NYPD vehicles just right nearby, which just goes to show you how much work there continues to be needed to mend that relationship between the community and the police.

But, today, it's all about remembering Rivera, as his funeral also is tomorrow -- Sandra.

SMITH: A city that is mourning the loss of those two hero police officers.

Bryan Llenas, thank you very much for that.

Exclusive video now bringing the Biden administration's secret nighttime migrant flights into the light, as an ICE official tells FOX it only scratches the surface of what is really going on.

We will have brand-new reaction from former acting Homeland Security Secretary Chad Wolf next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If this gets out, the government is betraying the American people.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I get the whole secrecy and all this (EXPLETIVE DELETED).

But this is even above my (EXPLETIVE DELETED) pay grade.

UNIDENTIFIED MALE: You know why? Because, if this gets out, the government is betraying the American people.

(END VIDEO CLIP)

SMITH: That new video exposing the Biden administration's secret nighttime flights carrying migrants from the Southern border across the country, all this as FOX captures video of migrants continuing to be released and hears from an ICE agent fed up with it.

FOX News' Bill Melugin is live in La Joya, Texas, with the brand-new details.

Hi, Bill.

BILL MELUGIN, FOX NEWS CORRESPONDENT: Hey, Sandra.

So that new bodycam video certainly doesn't paint the federal government in the best light when it comes to transparency and how they have been moving migrants all around the country. We will get right to that video right now and show it to you. Take a look at it.

This was back in August in Westchester County, New York. And what you're looking at is a local police officer showing up to the airport there and seeing a private government-chartered flight landing and illegal immigrants streaming off the aircraft.

Now, that police officer was responsible for security there. So he starts asking the government contractors, what's going on here? And the contractors basically tell him, good luck figuring that out. Take a listen to some of this exchange.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You're trying to figure out what this is?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Good luck with that.

UNIDENTIFIED MALE: You don't want to be in somewhere where the spotlight is.

You want to try to keep it was down-low as possible. A lot of this is just...

UNIDENTIFIED MALE: No, I get it. I just -- like you said...

UNIDENTIFIED MALE: ... down-low stuff that we don't tell people, because what we don't want to do is attract attention. We don't want the media.

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Like, we don't even know where we're going when they tell us.

(END VIDEO CLIP)

MELUGIN: And then take a look at this video that our crew shot earlier today in San Antonio.

This is at San Antonio airport, where we witnessed another ICE bust doing a large mass release of single adult male migrants, dozens of them right there. As you can see, there are no families. There are no young children there. It is yet another release of basically all adult men.

They get led into the airport by an NGO. And they are free to travel around the country, wherever they would like to go. And then take a look at this piece of video from Brownsville we shot yesterday. Again, we witnessed more ICE releases of more single adult men.

You can see him walking going across the street there. They're being led to a bus terminal by an NGO. Many of them had ankle monitors on. Some of them wanted to shield their faces from our cameras by holding their folders up, as you will see.

And a source within ICE tells me these mass releases have discreetly been happening since last year for months now. And he told me that some of the migrants they release have criminal records with misdemeanors, crimes like assault, DUI.

Back out here live. I did reach out to ICE this morning to ask them about that. Have they been releasing migrants with misdemeanor records? They didn't deny it. All they would tell me is, when they release somebody, they do it on a case-by-case basis.

We will send it back to you.

SMITH: Bill, we appreciate your continued great reporting on all of that. Thank you.

Joining us now is former acting DHS Secretary and Heritage Foundation visiting fellow Chad Wolf.

Chad, thanks. Thanks for joining us.

To the situation in suburban New York. It's unbelievable to see these planes landing, Westchester Airport, government contractors escorting these migrants off the planes, only to have police wearing bodycam cameras capturing this, talking to those contractors, who are saying the government is betraying the American people, landing most of the time past midnight, past curfew, unlawful in that area.

And the police don't know anything about it. What's going on?

CHAD WOLF, FORMER ACTING U.S. SECRETARY OF HOMELAND SECURITY: Well, look what the Biden administration is trying to do in transporting a lot of these migrants from the border to places like New York and elsewhere, it shouldn't be occurring.

And if it does occur, then they obviously need to coordinate with local law enforcement, which they're not doing. So they're compounding bad decision upon bad decision at the end of the day.

But, look, this is what it looks like when you have an open border policy, when you don't enforce the law, when you have record number of illegal apprehensions every single month. They have nowhere else to put these individuals. They have broken the system. And this is what it looks like.

They have chosen to do this. This is an intentional strategy that the administration is pursuing.

SMITH: You know, I mean, I didn't hear Jen Psaki in the Briefing Room asked about this. We didn't have anybody in there today, still the COVID rules. They space out the chairs, and there's less reporters in the room.

But this was only made available and that footage was only obtained because of a Freedom of Information Act. I mean, the lack of transparency that is being provided by this administration is something.

WOLF: Well, it's not only a lack of transparency. It's a lack of leadership.

I mean, when is the last time that you heard the White House, from the president or the vice president or even the press secretary, talk about what's going on, the crisis that's going on, on the border today? They don't talk about it. They don't visit it. They want it to go away.

They don't want to explain what they're doing, because I think most reasonable Americans would say, this is crazy. How can you not enforce the law?

What the Biden administration will lead you to believe, that this is the only solution is to release these individuals in places like New York and elsewhere. And it's simply not the case. There's other ways to secure that border. We showed the way that you can do it under the Trump administration. And, again, they're choosing not to do that.

They're choosing to embark on this strategy for very specific reasons.

SMITH: All of this, Chad, as we are getting audio from a very tense meeting that was initially reported, but now we have it, between Border Patrol and DHS Secretary Alejandro Mayorkas, where one agent turned his back, reportedly, on the secretary.

Take a listen here.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: It may appear that people are trying to showcase that everything is hunky-dory. We know better. I know better.

ALEJANDRO MAYORKAS, U.S. SECRETARY OF HOMELAND SECURITY: The commitment remains that we will keep fighting.

And let me just say, you can turn your back on me, but I will never turn your back -- my back on you.

UNIDENTIFIED MALE: You did the day you were appointed.

(END AUDIO CLIP)

SMITH: Wow, that's a very powerful moment and intense exchange.

WOLF: It's remarkable.

I can't tell you, having been in that position, to have DHS law enforcement to turn your back on the secretary just tells you that they have a complete lack of leadership. There's a confidence issue that's going on there. And the secretary can no longer lead the men and women of DHS, at least the Border Patrol, in that capacity, because they know they have been in this crisis for now almost 12 months, and there is no end in sight.

And there are no policy changes being made. And so DHS leadership can go down to the border and talk to them. But Border Patrol officers and law enforcement, they want action. They don't like words. They will listen to the words, but they want action.

And this administration is not delivering any actionable, different policies to secure that border. And Border Patrol knows that. And I think they're tired of empty promises.

SMITH: Wow.

Well, by the way, we did call Secretary Mayorkas to join us. And he is welcome any time.

An ICE spokesperson confirming that Oscar Rosales, the man accused of killing Houston Deputy Charles Galloway this week, had illegally entered the U.S., Chad.

So will this bring attention to the importance of securing our borders?

WOLF: Yes, absolutely.

Again, what occurs on those borders, whether it's the illegal narcotics or the illegal individuals coming across, goes into every community across this country. So it doesn't stay there. And local officials are having to deal with that, and local communities are having to deal with it.

So, when we talk about border security, it's not just for those communities along those borders. It's for all Americans. And what we know is that the cartels are using the crisis that we see today to smuggle more and more individuals, some with very criminal records, bad individuals, national security threats, and others, across that border.

And so when we talk about operational control of the border, which is what DHS is by law required to have, but yet you see 170,000 illegal apprehensions in one month alone, it's anything but that.

And so the department, because of political leadership and decisions that are being made, are not enforcing the law not adhering to the responsibilities that Congress gave them. And it's affecting every community in the country.

SMITH: And the stats that the governor of Texas issued earlier about the amount of fentanyl they're seizing at the Southern border are enough to kill every man, woman and child of the 13 states' A.G.s that were present in the room with him. It was a very powerful moment.

Final thought on that, on the smugglers and the recruitment and the TikTok, mentioning that they're using social media venues like TikTok to recruit. What can be done to shut that down, Chad?

WOLF: Well, I think first and foremost is, you have got to get control of the border. And why do I say that?

Because each of these individuals, 100 -- like I said, over 170,000 illegal apprehensions last month alone -- they're paying cartel members to come across that border.

SMITH: Yes.

WOLF: And they're making millions of dollars a day, and millions of dollars a month that they put back into their criminal enterprise that allows them to smuggle these illegal narcotics in such amounts that we're only really interdicting the tip of the iceberg.

And so you have to get -- you have to shut that down. And then you shut off their money supply and their source of revenue, and you will see results. But, as long as the border is wide open, we're going to see illegal narcotics continue to stream into the United States.

SMITH: And that continues to kill a lot of Americans.

Chad Wolf, thanks for being here. Thank you, sir.

WOLF: Thank you.

SMITH: All right, we will be getting Texas Republican Congressman Kevin Brady's reaction to all of this next.

(COMMERCIAL BREAK)

SMITH: Apple earnings just out beating expectations on both earnings and revenue for the quarter; $1.89 was the estimate; $2.10 was the actual. The stock is up 3 percent in after-hours trading.

We will be right back.

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SMITH: Red or blue, it is still all about your green.

A new Gallup poll revealing both Democrats and Republicans are feeling the pinch from inflation. A separate poll from Politico and Harvard shows a growing number of Americans think President Biden's big spending plans will only make inflation worse.

Our next guest isn't surprised about any of that.

Texas Republican Congressman Kevin Brady joins us now. He is the ranking member of the Ways and Means Committee.

Congressman, great to have you here.

We are expecting tomorrow a key inflation report to show its biggest annual increase since 198, at a time when most people you talk to are feeling the pinch of those high prices. And it seems to get worse. Will more spending make matters worse?

REP. KEVIN BRADY (R-TX): The short answer is, yes, it will, and especially coupled with the policies that President Biden is pushing that really discourage up to two million Americans from reentering the work force.

And so you have got, I think, a recipe for more inflation, including, by the way, Build Back Better, which is still out there somewhere in the Senate, has over a trillion dollars of tax hikes on businesses that really create disincentives for investing in new plants, new equipment, new technologies that could help us work through this.

I think the other thing, the reports today, GDP reports today, sort of confirmed all this. To be fair, the president finally met one of his quarterly economic projections. It's the first since he took over the White House. And the numbers have been dumbed down, but he met them. So that's some improvement.

But there are red flags in this report today, as you said, really raising inflation. You have got a massive drop in real disposable income for families. That's another red flag. And then, of course, you have got really just buildup of inventories in this report that, you take that out -- those are temporary and very volatile.

Take that out, the economy grew by less than 2 percent. Those -- there's a lot more work that needs to be done to get this economy moving.

SMITH: I mean, Congressman, you can look into -- dig into any history book, and see that any inflationary time that we have seen in modern history, if you add spending to the equation, it only drives prices higher.

That is also not politically popular. And we are seeing this president continue to drop to new lows in the polls. So is it a head-scratcher to you that they don't acknowledge this as a bigger problem and do more about it?

BRADY: I'm stunned, and I think the American public is as well, because early on, look, the president made a number of mistakes to make the economy worse, especially in inflation.

I think driving trillions of new government spending as we were already coming out of really the worst part of the pandemic, economically, at least, policies that incentivized people to stay home, I think, was a major problem.

I think everything he did to deny inflation was there and to continue to try to pump more money into the economy, which he's continuing to do in this Build Back Better, all of it drives inflation in a big way.

What I worry about Sandra, is that, between President Biden and the Fed acting too slowly and to weakly, I really worry that, at some point this year, you and I will be talking about a wage-price spiral that is going to be very, very hard to end. And that's where I don't think anyone in the country wants to go.

SMITH: And that will be very harmful to business at the same time they're dealing with spiking energy prices, $90 oil, gas prices going up.

Congressman, before you go, I wanted to ask you about your state's governor, Greg Abbott. He held a meeting today, and he very pointedly blamed the Biden administration for what is going on at the Southern border, as we get more videos showing the mass release of migrants.

He was fired up. And he was listening to A.G.s of states who are dealing with this crisis. Why is more not being done to tackle it, Congressman?

BRADY: It is just politics.

And that's what's sad, because that border -- states like ours are paying a huge price for this in sex trafficking, drug trafficking, crime and a whole other elements.

But then watching the video of that border agent turn his back on the secretary, boy, I'm surprised more don't, because when I'm down there visiting with them, what surprises you, these border agents don't just work there to protect our border. Many of them grew up there.

These are their communities and their neighborhoods. And they're watching. They're watching this crisis go and a president who won't do a thing about it, not acknowledge it, will jump on his plane to fly 3,000 miles to a climate change conference in Europe, but won't turn that plane south to come to the border to see the real crisis that's happening.

And it is just so frustrating. And those border agents will tell you there is no end in sight. So, I'm with the governor on this and whole lot of the Texans who are just fed up with this denial of a real crisis.

SMITH: All right, they have got a lot of challenges in front of them.

Congressman, really appreciate you joining us. Thank you very much.

BRADY: Thanks, Sandra. You bet.

SMITH: And we are now getting brand-new statements, by the way -- I have them in my hand -- of the current Supreme Court justices on their retiring colleague, Stephen Breyer.

Of them so far, we have got the chief justice, Roberts, saying: "Breyer's an energetic jurist and a dear friend. He has rendered nearly half-a- century of distinguished public service to our country, including 42 years as a federal judge, 27 as a member of this court. His pragmatism, encyclopedic knowledge and varied government experience have enriched the court's deliberations. And his fanciful hypotheticals during oral argument had befuddled counsel and colleagues alike."

That does go on, but we want to get a couple more in here, with Neil Gorsuch also issuing a state statement, saying: "For more than 40 years, Justice Breyer served the judiciary with integrity and grace. His deep knowledge of our law, its history, and our government is profound. His good humor is legendary. I will very much miss his wisdom and his wit at our conference table.

"He and Joanna had been fast friends to Louise and me, and we hope to see them often as friends for many years to come. We wish them and their wonderful family every happiness."

And there are other statements as well, obviously, from Kagan, Sotomayor, Alito, Kavanaugh, and others. And the justices weigh in on his retirement that was just today made official with his -- him speaking at the White House with the president.

And the White House today saying being a judge is not a prerequisite for the president's Supreme Court pick. So how will that affect things?

Former assistant U.S. attorney Andy McCarthy joins us now.

Andy, great to see you.

You joined us yesterday on the breaking news. So how does that affect things?

ANDY MCCARTHY, FOX NEWS CONTRIBUTOR: Well, look, I think he's going to obviously pick a judge.

I think it's clear that what the president wants to get done here is a confirmation before the midterms. I believe it'll be a confirmation of somebody who's already been confirmed, because that makes it a stronger case. So a judge who's already been confirmed to the court of appeals in recent times, for example, would help to get this done.

You're -- it's correct that you don't have to be a judge. You don't even have to be a lawyer. But I think it helps.

SMITH: It is remarkable that -- and, by the way, Childs was the prediction and seemed to be the wish of James Clyburn when he joined us at the top of the hour.

It appears there are some front-runners, but it appears there are some that are wishing that the person to fill Breyer's seat will be able to obviously garner more bipartisan support. Have you given that some thought, Andy?

MCCARTHY: I really think -- I hear all kinds of stuff, Sandra, all the time.

Every time we get an opening, people talk about there's precedent that's involved, and there are rules that are involved. And we need to get a moderate. We need to get -- they need to get to 51. That's what they need.

And I think whoever gets picked is going to be pretty much a replica of Justice Breyer. I don't think in 20 however many years it was that he was on the bench, I don't think he surprised us many, if any times with how he voted. The progressive judges, because they have a different philosophy of what the point of the court is, and that is to advance progressive pieties, they're pretty predictable in how they're going to vote.

And as long as they're reasonably satisfied that who they put on the bench will vote that way, then I think what they're going to go for is youth and credentials.

SMITH: Andy, I spoke with Arkansas Republican Senator Tom Cotton earlier today. Here's what he had to say about the timing of Breyer's announcement.

(BEGIN VIDEO CLIP)

COTTON: They have a lot of political crises. And I imagine that it might be in the back of Justice Breyer's mind that if he waited much longer, there'd be a Republican majority in the Senate after this November because of rising inflation and rising crime and weakness abroad and general dissatisfaction with Joe Biden's presidency.

(END VIDEO CLIP)

SMITH: OK, so what about that, Andy?

MCCARTHY: Well, I think the timing of this, Sandra, is pretty obvious.

I'm sure that Justice Breyer was influenced by the precedent of his friend Justice Kennedy, who left at around the same age that Breyer is. I think Kennedy was 82. Breyer's 83. But he had a president of his party in the White House, the Senate was in the control of his party, and they had a window of opportunity to get somebody who he could look at as somebody who would continue his legacy on the court.

And I think that's the main thing. Now, how it got leaked, or the timing of the leak, it seems to me that the White House has eminent reason that they would want to put this out there, so that they could turn the page from some of the other things going on in the country.

I just hope that Justice Breyer was on board with that. I hate the idea that, after all these years of service on the court, that he didn't get to choreograph his exit the way he wanted to.

SMITH: Well, those who know him have weighed in pretty heavily on that, and say that they believe that he would only make this decision if indeed it was his own and not anyone else's.

Andy, great to have you. Thank you.

MCCARTHY: Thank you, Sandra.

SMITH: OK.

Ukraine's standoff with Russia has the city of Kyiv dusting off Cold War era bomb shelters. We're going to take you inside one of them next.

(COMMERCIAL BREAK)

SMITH: Back to Ukraine now, where the city of Kyiv is preparing for what could be a full invasion from Russia, getting Cold War era bomb shelters ready in the event of airstrikes.

FOX News correspondent Greg Palkot is live in Kyiv with more on that.

What do we know, Greg?

GREG PALKOT, FOX NEWS CORRESPONDENT: Hi, Sandra.

Yes, with Russian troops building up and diplomacy going nowhere, folks here are thinking about the worst and maybe even preparing for it. A particular concern, loads of Russian jet fighters arriving in Belarus for a -- quote, unquote -- "exercise."

Belarus is about 60 miles from where we are right now. Experts have told us one possible strategy of Russia could be airstrikes on key infrastructure targets in and around this city of Kyiv.

And, so, authorities have identified 5,000 possible bomb shelters in the city of three million. And, yes, some of them are just dusted-off Cold War relics. Take a look.

(BEGIN VIDEO CLIP)

PALKOT: Just one of several bomb shelters in this apartment complex in northern Kyiv. In the event of an invasion, this is home. It's a little bit rough.

(END VIDEO CLIP)

PALKOT: The bomb shelter we checked out, we're told, could handle about 60 people.

If a bombing strike looms, sirens will warn building residents to go down there and stay for the duration. It does have electricity, but not much more than that. We're told the place will soon be stocked up with food, water, medical supplies, and could be key to the locals' survival.

Take a listen.

(BEGIN VIDEO CLIP)

OLEXANDER GOMON, KYIV CIVIL DEFENSE UNIT (through translator): The most important thing is our lives. It's important to save lives. So, we will do the best we can.

(END VIDEO CLIP)

PALKOT: Sandra, as we were leaving, one classic senior Ukrainian lady, building resident, checked out the place and said in a voice that everybody could hear that she thought the place was not that great.

But, sadly, this could be the only choice for a lot of people here in Kyiv -- back to you.

SMITH: Greg Palkot, thank you.

And back to New York City now, as fallen Officer Jason Rivera is being mourned today. Hear what one New York top cop is urging the public to do to send a message across the nation today.

(COMMERCIAL BREAK)

SMITH: FOX News Alert now.

These are live pictures in Houston, Texas, of a scene where three Houston police officers were shot a short time ago.

The Houston police have put out an official statement saying that the three officers were shot and the suspect has fled the scene in a white Mercedes. They were shot today near Midtown. The officers, as an update, have been taken to Memorial Hermann Hospital. Their condition is unknown at this time, but they are currently looking for the suspect, who, again, fled the scene.

Fraternal Order of Police National Vice President Joe Gamaldi.

Just horrific that we are reporting on another scene like this, and we pray for those officers.

JOE GAMALDI, VICE PRESIDENT, FRATERNAL ORDER OF POLICE NATIONAL: It's absolutely terrible, Sandra.

We have had 30 -- 346 police officers shot in this country last year, which is the highest number since we started tracking this. The FBI just released data that last year was the highest number of intentional homicides of police officers in the last 20 years.

And now we just had three Houston police officers shot. That is the department I work for. It's happening literally 10 miles from where I'm sitting right now. And enough is enough.

And we need the community to support police officers right now, because we are in a historic time of violence against us. And what we need is the leaders in all communities and leaders of this country to step up right now.

The White House has been suspiciously quiet about violence against law enforcement for entirely too long. The president needs to have a strong rebuke of violence against law enforcement in this country. And the community needs to stand with us.

Call your congressman right now and demand that they pass the Protect and Serve Act that will make it a federal crime for people to assault police officers, because we can't continue to go on like this. And if you are a community member and your politicians are continually denigrating and demonizing law enforcement, demand that they stop, because it's costing us our lives.

SMITH: Joe, just a continued update on the scene there. Praying for those police. We await an update on their condition.

But I do want to get in here that the police are recommending people avoid that area at this time. That suspect is on the loose and on the run.

Joe Gamaldi, we're out of time. Thank you very much for joining us. And we will see you again soon.

GAMALDI: Thank you.

SMITH: Thank you, sir.

That will do it for us. Thank you very much for joining us.

Join me tomorrow 1:00 p.m. Eastern for "America Reports" right here on the FOX News Channel.

I'm Sandra Smith.

"The Five" is next.

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