>> press at this was accuse of driving into sheriffs. he claims he was running for his life. >> they were dressed completely in black and started charging toward him. >> i was there the entire time. >> in the air and intercepted by washington. ♪ i really can't stay ♪ baby it's cold outside ♪ i got to go away ♪ baby it's cold outside. brian: one of the most famous duets people decide to sing almost at the same time. a little bit off one beat to the next. ainsley: when was that song released like my grand parent's time period or after? brian: i don't know. how old are your grandparents roughly? we will have to see about that. steve: it's a remake. ainsley: the original i mean? it's been around a long time. brian: this is one of those songs they had to remake to not offend people. ainsley: remember they weren't going to remake it. steve: a larger point they are singing about it's cold outside. it's freezing here in new york city. exactly 32 degrees on this december 8th, 2020. brian: 1953. steve: that's the beauty of google and gizmoness our ear. ainsley: they are listening to the show. steve: for a change. ainsley: i ask this question and get a voice. brian: normally producers switch to i dream of jeanne. lived in bottle. major nelson was resentful. ainsley: do you know what our producers our dream of jeanne wish is that we move on with the show and tell the news. steve: i have to go like this. [laughter] ainsley: okay. we begin our show with a fox news alert. a 90-year-old woman becomes the first person in the u.k. to receive pfizer's covid vaccine. >> done? >> all done. [applause] ainsley: all done in her cute british accent. she turns 91 next week. and she called it the best early christmas present. the grandma of four will receive a booster jab. brian: booster -- plans to administer first 800,000 doses to people over 80 years old and nursing home workers. steve: that's right. mean while as the united states waits for fda approval, the president is expected to sign an executive order today ensuring all americans have access to the vaccine before the government helps other nations. and that is a point of con tension because it sounds like our deal with pfizer for 100 million doses to go ahead and inoculate 50 million people it sounds like after that runs out we might not get more until june or july, which is kind of scary. nevertheless, one of the big things we have been talking about is the fact that out in california they have got these new restrictions where they have closed all in person dining. you can only take things out. including closing outdoor dining and the people are going, where exactly is the science that outdoor dining is bad? i looked around this morning. the best data seems to come from the cdc that shows that infected people are two times more likely to have dined out than those not infected. there is no direct science just people who take the risk of dining out have higher rates of infection. ainsley: people who go outside. brian: outside or inside. steve: people outside. no, they are just talking about people generally with dining. ainsley: leaving their houses going outside. brian: leave your bunker you have more of a chance. ainsley: right. steve: so here's the thing people out in california is going where is the science? where is the science in the governor who put these new restrictions on board cannot fight it perhaps because it does not exist. watch exchange yesterday between a reporter out in california, and the governor there. >> what hurts so many people whose businesses being shut down by some of these orders, who are really frustrated that they feel like they have not seen enough evidence that point to outdoor restaurants spreading covid in a major way, hair salons, nail salons spreading covid in a major way. i'm wondering what do you say to these people who say look, i have done everything have you asked. i follow the rules. i spent a lot of money on ppe. my staff is on the brink of losing their jobs. we are on the brink of losing our business. >> i said it friday. i said it monday. i will say it again today. i'm deeply empathetic and deeply committed to advancing the cause of supporting our small businesses during this trying and challenging time. steve: and now what is happening in southern california people are going where is the science? he is not talking about it because there isn't any science per se. and some businesses are staying open. it's not that the virus is not deadly and it certainly is because you look at the numbers we have had the most deaths in a sing dwell week almost 300,000 americans have died so far. but, they are staying open because of survival. because the businesses will go under, ainsley, unless they stay open. ainsley: they are saying to gavin newsom show us the evidence. the cdc is not saying that health experts are saying it's a lot harder to get it when you are outside. people are saying look, we can do this effectively and safely. why can you walk into a big box store and shop yet you can't sit outside of my restaurant. have sympathy for us and let us stay open. deroy cox small owner of san francisco business alliance. he said he going to help us. instead giving t institutions ce on you can't expect us to shut down and not help us. we telling you about angela larson that video went viral. she is the lady that owns the pineapple saloon and grill. she was complaining, remember, she set up her $80,000 tent in the back and shut down outdoor dining she noticed nbc show set up a tent next door pointing to there while they were going to have catering while shooting a show. she just says she feels -- she said i was on board in the beginning but she feels like like the leaders are so disconnected. listen. >> in the beginning, i was all on board and when things were changing, you know, in short notice and things, i thought well, maybe they are just disorganized. they don't know any better. they have known how the winter was going to be since march. i don't care they care. i think they are so disconnected? what's going on in the middle and lower class that they just make random arbitrary decisions without even thinking of the consequences. ainsley: meanwhile the leaders go out of and they spend -- what was their bill at french lawn dry. steve: over $10,000. ainsley: an american family doesn't have that in their bank account. most of them. > steve: weren't there like 10 people at the events and the wine bill over thousand dollars that is not a screw top. ainsley: if you want to spend your money on that, go for it. the problem is the hypocrisy here, brian. gavin newsom is telling people not to do it. he does it. meanwhile, that lady can't afford her bills. brian: in wisconsin and michigan and new york, people are resentful. they are not taking it anymore. they are demanding to soot science. they have been told for the last nine months it's all about the science grow up and suck it up. meanwhile, 500,000 restaurants are at risk if they shut down again. 100,000 have already been closed. 10,000 restaurants will close within three months if you continue to do. this just so you know when you sit there and put gel? your hair and go back my letter goes out for you people are going belly up and go couch surfing as families, soon. let's add some additional facts to that how about the fact that anthony fauci and admiral bret disagree, catholic schools shut down mysteriously in michigan although the science says it's safer to keep kids in school even the city mayor -- mayor we have in new york city realizes he shouldn't have shut everything down last week. here is admiral brett. andy fawcial agrees with, this listen. >> what really breaks my heart, i don't know of any data that says you need to shut down outdoor dining or outdoor bars. we really wanted to limit the indoor crowded places. i think we need to do what is necessary to turn the pandemic but not more that's not evidence-based. ainsley: why are they doing. >> not counter productive. you don't have to close your universities and industries. do you need to wear a mask. that's critically important when you are in public and can't physically distance. we know what the science says. we know there are counter measures that are effective. whatever the expression is throwing the baby out with the baath water. i think we could be causing a lot more harm by overly restrictive recommendations that are not supported by the science. brian: the legal foundation suing the university of michigan. saying why are you shutting everything down. they all bengts the curve in michigan although there are still issues there. still making every kid in michigan go to school virtually. how donald trump lost that state when the president seems to be on page with the people of michigan is beyond me. and then the catholic school scn wisconsin are suing and challenging their state's closure of high schools. that's not in the jurisdiction of these states and mayors because these -- you are paying tuition for a catholic school and people are not forcing them to go there. she should be allowed to make their own decisions. in new york basically they sit there and yack tund. anthony fauci and our governor. the emmy award-winning governor. talking about who is going to play them in the movie. they are having a great time. by the way, if the numbers go up again, we will shut down all indoor dining. it's about 30 degrees outside. you are shutting down every single restaurant. so, good luck. we are stuck with mayors and governors who have no clue about business and only see numbers going up and don't see the after-effects of their decision which they tell us to follow the science and when the science steps up, they just look the other way. so it's really something we should not be tolerating. i think people are fed up. steve: all you got to do brian is, cross the river. because governor murphy says taking -- restricting dining is not on the table in the state of new jersey. ainsley: that's a long drive for brian. steve: it is. moved to new jersey. there is a little silver lining for the woman with the tents out in california. go a go fund me page over $100,000. people have opened their hearts because they realize people are hurts. ainsley: if you are putting old people in nursing homes because they have covid. that is going to hurt how people view you if you are the governor. if you allow people to make their own decisions and go sit outside at a restaurant, i don't think you will take heated for that if the numbers go up. steve: you are smart about it. and we know how you get it. get too close to people who are infected. stay 6 feet away. ainsley and i are 8 feet she is 8 feet from brian. brian: i go metric so i have no idea. steve: meanwhile, 6:1 in new york city. griff jenkins joins us now. griff, it is safe harbor day. this is the day that the states finalize their election results. that has got a profound impact on donald trump. griff: exactly, steve, ains little and brian. good morning to you. safe harbor day matters because it locks in state certifications and wrapping up state legal challenges a week before the electoral college meets. so far no judge has ruled in favor of the president in a way that would up end the certifications so far. pennsylvania republicans are urging the supreme court to take up congressman mike kelly's lawsuit. contesting pennsylvania's stinks. arguing the state's vote by mail law is unconstitutional. if this cases got a big boost yesterday when senator ted cruz says if the high court takes it up. he will be the one to argue it, watch. >> i am hopeful the supreme court will step forward to its responsibility and resolve this case and resolve other cases as needed according to law and according to the constitution to say this is a country where we respect the rule of law. where we follow the constitution. >> the president fights on. in arizona, the state supreme court agrees to hear a lawsuit brought by state g.o.p. chairwoman kelli ward involving mail-in ballots and signature verification. this as the president cast further doubt on biden's victory teasing there is more to come. >> if you look at the polls, it was a rigged election. you look at the different states. the election walls totally rigged. it's a disgrace to our country. it's like a third world country. these ballots pouring in from everywhere, using machinery. you will see at love big things happening over the next couple of days. >> meanwhile in georgia the secretary of state certified results again. one other bit of news out of pennsylvania in pittsburgh the washington football team three throwns the previously undefeated pittsburgh steelers you saw in an opening montage means the washington football team will join the giants at the top of the nfc east. brian: technically not in first because the giants beat them twice, right? griff: we took down the cowboys on thanksgiving. took down the steelers tonight. look out here we come. steve: first time we have gone to griff in d.c. where there has been a costume change. brian: griff, let's play draft kings together and i guarantee you the giants win the division over the team that used to be the redskins, all right? let's guarantee that. guarantee the giants win. griff: no way that happens. we did lose a running back to a toe injury last night. i feel like we are going to be hitting six cylinders for the rest of the season. brian: meanwhile the giants have eight. ainsley: thank you, griff. remember we had the ceo of goya on our show and we talked about this when he visited the white house when president trump was elected. he went because he was asked to. he got an invitation. he said i'm going to go. president of the united states asked me to come to his house. of course not turn down that invitation. had gone for president obama. aoc said boycott goya do not buy their products at the grocery store. because of that some of you when you were at the store you filled up your shopping carts with a few of those kansas. now their sales have gone up 1,000% because of that they named aoc. brian: this is awesome. ainsley: employee of the month. brian. brian: it's great. here is the ceo speaking out. >> what sh when she boycotted ur sales increased 1,000%. we gave her an honorary. we never were able to hand it to her. employee to the month for bringing attentioning to goya and our adobe bow. brian: she has no idea about business even though she has an economics agree. think about new york, which is flat on its back. they have need an economic rests pier rarity and think about what it would have done right here through the tunnel revitalized everything and brought tens of thousands of jobs. she feels great because they would have gotten a tax break. she forced them out. congratulations. steve: she was calling for a boycott and it ended up being a buy cot. congratulations to her. i bet if she had a car they would give her a parking place. employee of the month parking place outside of the fact trip. let's see if she collects on it. 6:16 in no. carley is joining us today once again with the headlines. carley: we will start right here with this. a funeral set for today for fallen west virginia police officer cathy johnson. she was shot last week while responding to a parking complaint. today joe biden is expected to meet with the naacp as it pushes the president-elect to appoint more black leaders to senior cabinet positions. gianno caldwell joined us on "fox & friends first" to react. >> what's interesting black people have joe biden win this election and no surprise to me that do this often. they use black people for their votes and throw them away when they no longer need them. carley: black lives matter protest outside of the home of eric garr sety. upset is he part of the biden committee and fear he may be named hud secretary. chuck jeager has died. he enlisted in the army air corps after graduating from high school in 1941 eventually flying 63 admissions in world war ii. he test in aircraft first man to break the sound barrier. the west virginia native was 97 years old what a life, guys? steve: that guy was amazing. just the fact that he did what he did in the early days when those jets were so unproven. it was just a great big can of gas on fire. unbelievable. all those test pilots. ainsley: 6:18 on the east coast. milk shake flavor. to favorite milk shake flavor. joe concha has the list ♪ i can make your hands clap ♪ ♪ itrade for a strategy gut check? what's that? you 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(crowd cheering) therabreath, it's a better mouthwash. at walmart, target and other fine stores. introducing the new sleep number 360 smart bed... therabreath, it's a better mouthwash. now temperature balancing, so you can sleep better together. and now, save up to $700 on new sleep number 360 smart beds. plus, 0% interest for 48 months on all smart beds. only for a limited time. how did you know? mom...that was taken at the farm. it was in this small little village. in connemara? right! connemara it is. honestly, we went there- oh, oh look at that! look at that. >> everything i own is being taken away from me. and people wonder why i'm protesting and why i have had enough. my staff cannot survive. steve: okay. nbc news is facing backlash over coverage of that california restaurant owner who called out lawmakers lock down double standard. their reporting at nbc failed to show what exactly sparked the outrage that catering tents was for nbc comedy show while the restaurant with a similar tent was forced to close. here with reaction fox news contributor media reporter columnist for the hill joe con challenge. we contacted nbc. they did not respond to our request for comment. why do you think they wouldn't want to talk about it? >> oh, i think this is a classic cases, steve, if i'm teaching a class on this sort of thing on the sin of omission. this would be front and center. that restaurant owner has every right to go beliczky over this. considers she sees an exception but she has to close it reminds me steve of what we are seeing in nonk as far as "saturday night live" is allowed to have on a weekly basis an indoor studio audience while broadway has been closed for the last nine months and will be for the foreseeable future in new york city alone since the pandemic began. over 1,000 restaurants have closed hundreds more on the way with the cold weather coming and i mean closed permanently closed. so, that is what we have here in new york. have you emmy winning governor andrew cuomo looking the other way for "saturday night live" just as they are doing it in california because it's hollywood. it's celebrities. they deserve because they are millionaires or make a very good living. people who don't have christmas gifts have to close, it's pathetic, steve. steve: what nbc could have done in los angeles since they were shooting in that location, rather than putting up their own catering tent they should have contacted the woman who had her own catering tent can we rent that from you while we are shooting our show because they would have been heroes because they would have helped the small business owner. instead they put up identical tengted 20 feet from the other one which is just nuts. moving on, something else we want to talk to you about. something you have noticed for a long time is joe biden for some reason always quindz one really touch questions like this from reporters. >> what flavor did you get. >> got one have a nilla, one chocolate. >> reach out at all to the president and if he is watching right now, what would you say to him? >> what is your message to republicans who are backing up the president's refusal to concede. >> mr. president-elect how does your foot feel? steve: how does your foot feel? it's broken. we know how it feels it. feels terrible. but he said it was just fine. joe, politico had an item yesterday that said the biden honeymoon won't last with the press. why would that be? >> oh, i have to disagree with that story. i think it was well-written and i understand the points. but you haven't been paying attention over the last four years as far as because joe biden is like every other person on the planet, that he is not donald trump, therefore, he gets a honeymoon period. let me share with you quickly. an interview that biden did just last week with cnn with kamala harris, their first joint interview these are the questions he received from a serious cnn anchor. quote, you made it. what dolls it feel like. are you fearful? are you exsilver rated? what's the emotion that goes through you? that's a preview of what we are going to see. anything bad that happens under a biden administration at leelsz for the first year will be blamed on what he inherited from president trump. anything good that happens will be because of his calm and steady leadership. steve i have to go i have to agree that brian is on the right course in terms of your new york giants winning the nfc east this year over the washington football team and i have the proof that i am willing to double down in terms of my lawrence taylor jersey with the draft kings people that yes they will be the champion notice the first round of playoffs. steve: just remember they are the new jersey giants. whose head does that helmet fit on by the way? that is a small head. >> that's true. that fits on my dog's head barely, i think. there you go. steve: all right. thank you, joe. always a pleasure. brian, did you want to weigh in on that. brian: i that i joe is absolutely correct. the other stuff i don't pay attention. to say the giant thing i'm intrigued by. >> pete, we just inner vested six minutes in television that you didn't pay attention to. >> i got so. steve: he was combing his hair the whole time straight ahead on this tuesday. that staten island bar owner who is defying lock down orders is arrested after something happened with a sheriff's deputy. his attorney is going to share his side of the story coming up next. rgetsz i was scared the entire time. i was running for my life. withon fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood. ♪ experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. brian: the staten island bar owner speaking out after being arrested for a second time after he hit they claim a sheriff's deputy with his vehicle. >> i was scared the entire time from the entire ordeal that happened. i was running -- i was running for my life because that's exactly what i thought was happening. at no point did i think that those were sheriffs or any type of law enforcement. >> his lawyer released surveillance video showing deputies in dark clothing show saturday night defying the covid restrictions. he joins us with more from mac's public house still closed. lewis joins us now. >> thanks for having me. we appreciate all you are doing over there. brian: all your client wants the right to work 80 40ursz a week little small margins make a profit to earn a living. shut down again. first in particular, plain clothes sheriffs. not nypd. there we see them coming after the car. now your client is in the car. are you able to see the video now? can you explain it? >> brian, so, let me explain this to your viewers. picture this. it's 12:20 at night. danny press at this has received numerous death threats, numerous. is he walking alone two blocks from his rtaurant. not even close to his restaurant on a dark staten island street. out of the shadows come from behind him 25 yards away. two people dressed in all black they yell hey presti and start chasing him down. that's in the police complaint. that's verified. they never identified themselves as sheriff officers. starts chasing him down. you see the video. he gets into his car. he will doesn't slam into whoever is on the hood of the car. he slowly starts to drive away the hopes that the people that are attacking him are going to get out of the way. brian: here is a statement from the sheriff's union to fox. our mexico did not ask to be dragged into the enforcement action related to covid-19 pandemic. however, when called upon, they acted. the minimum amount of force necessary to effectuate the arrest was used. mr. press at this was completely unharmed. even though he weaponized a motor vehicle and violently resisted arrest. your reaction? >> brian. this is over cheeseburgers and beers. that's what this is over. if mr. presti ran away from the sheriff's department. all they this who do was call me and i would have brought him in the next day. for them to say that they're trying to effectuate an arrest in that way when they are not trained to do it is a gross mist happened. the other thing i would like to say. brian: go ahead. >> the schiff yesterday released a statement that the sheriff's deputy broke two legs. he was hardly injured, brian. he did not break two legs. it's a complete lie. we have it 100 percent confirmation that that same sheriff's deputy was at the sheriff's station processing the arrest for over four hours that night. and then after it was all over, after he walked out of the station, divided to go to the hospital. brian: lewis, i have got to bring to you this governor cuomo one of his comments was he is mr. tough guy sarcastically. he drives his car into a police officers disgusting is he a coward. >> i saw that morning. i never want to be disrespecting to the governor of this state. he has some hutzpah saying something like that. danny is 5'4", 140 pounds and chased by two men -- two people in dark clothing, it's easy for the governor to sit behind his camera every day and tough guy. to be quiet honest. who know what was else you could do if you put your mind to it. something else happened. on snl staten island was mocked. let's watch. >> people were outside the bar shouting about freedom. cops, chanting they should arrest the governor. it's staten island, i assume it was like a typical last call. >> and are you against these protests. >> i mean, kind of. i'm also just happy i'm no longer the first thing people think of what's the worst thing about staten island. the argument that people in staten island don't want to drink outside can be disisz proven by going to literally any little legal game. so, i take it that you found these protests frustrating. >> yeah. man, they're making us look like babies. brian: obviously from staten island. his dad died in 9/11. i saw you mention that in your press conference yesterday and can you put it into context? >> i know pete davidson's mother and father. they are great people. i'm not going to disrespect them by disparaging pete. but i will say this. there were 2,000 americans there that came from all over the tristate to attend that rally. they protested peacefully, without rioting, without looting. brian, there were over 200 of them that actually stayed and cleaned up the street. they cleaned up the street. so i will say this to pete davidson and the rest of the members of the "saturday night live" crew. maybe they can give up part of their big paychecks they receive to small business throughout the country who can't put food on their family's table. these are good, hard-working americans they are mocking and it's disgraceful. brian: louis, to you too, you are not getting rich representing him you are doing something because it's the right thing to do appreciate it. >> hey, brian, the last thing i would like to say my favorite shake is salted caramel. brian: right. if somebody throws you a softball at next press conference that's you are referring to the joe biden press conference. go get it. thanks, lewis. coming up straight ahead. joflly old saints ni jane king laying down the hammer on kid toys. has the pc police gone too far. sean duffy and rachel campos-duffy join us next ♪ ♪ i knew about the tremors. but when i started seeing things, i didn't know what was happening... so i kept it in. he started believing things that weren't true. i knew something was wrong... but i didn't say a word. during the course of their disease around 50% of people with parkinson's may experience hallucinations or delusions. but now, doctors are prescribing nuplazid. the only fda approved medicine... proven to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia-related psychosis and is not for treating symptoms unrelated to parkinson's disease. nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your parkinson's specialist about nuplazid. >> how is it possible when i have spent 60, $80,000 on the back of the restaurant and the front of the restaurant to provide the seats and the heaters and complied with the city ordinance and right across the street is a big box retailer with food services, vending machines and open service courts inside the store. you are telling me the viral load in the outside of my restaurant is higher than the viral load inside of the big box which is enclosed? ainsley: good for him standing up for the small businesses kevin o'leary you know him from shark tank. let's bring in sean duffy. fox news contributor. rachel campos did you have i can't understand host of moms on fox nation. hey, guys. >> good morning. hi, good morning. ainsley: rachel, i will start with you. what else your reaction to that. do you think these celebrities that are speaking out. the politician also start to listen and they will go and help the small businesses? >> i think we all have to speak out. frankly, i have been really encouraged by all the patriot small business owners and who by the way many of them living in very liberal areas finally posting videos showing the hypocrisy. i think that the middle class has always been sort of the most rebellious class. among, you know, other population and they're the ones getting hurt the most. there is something weird going on. all of us feel it. this has been the biggest transfer of wealth from the middle class from, workers. from small business owners over to the upper class. these guys bring up such great points. why can you go to home depot. why can you go to walmart? i think small businesses and restaurants can do a better job of controlling the safety of their establishments than many of these big box stores and grocery stores. brian: congressman, i love the fact that now these restaurant owners. now these parents of school kids in wisconsin who are told they can't go to catholic school are telling the politicians where is the science? we have been told for the last nine months following the science. they can't show that their science works. >> listen, there is no science behind small restaurants that do outdoor dining are going to spread the virus. or there is no real evidence that school aged kids are going to spread the virus either. so you are absolutely right, brian. but, in america we hate crony capitalism and hate rules. show outdoor dining for catering. "saturday night live" is open. big powerful business give to democrat politicians who run the states. and, you know, run these cities, then can you open up. if you don't have the political clout and power of a small business, then they shut you down. i'm proud of cinge o'leary who is coming out and lending his voice though this effort but we need more americans and small business owners to push back and fight back with common sense rules. brian: responsibly. >> can i justed a one thing? if you are a powerful teacher's union, you know, our kids are going to catholic school. they are proving every single day that you can send your kids to school safely. and so the teachers unions want to shut down private schools. i'm telling you every morning as i see them bustle around and i'm brushing their hair and talking about their oral history report, i thank god for catholic schools and for educational liberty in america. because it's not. everyone would be beholden to the teacher's union who by the way in chicago said that people who want to push to reopen schools said this is all rooted in sexism and my a subject any. misogyny. we need freedom of education that might be one of the only silver linings in this pandemic is now people realize if they don't want to bees who damage to the teacher's union. brian: and their curriculum. steve: during this pandemic it's going to be a particularly challenging christmas, no doubt about it. but the good news is, there are still mall santa clauses. the problem is some of these santa clauses as you are will to see in this video, they are a little too politically correct for some people's taste. here is a little boy who wants one thing and do you know what santa tells him? roll the tape. >> no guns. nerf. >> no, not even a nerf gun. if your dad want to get it for you that's fine. i can't bring it to you. what else would you like? legos? a bike? cars and trucks? what do you think? what do you think? [crying. [? >> [laughter] steve: all the kids. listen, sean, we will start with you. all he wanted was a nerf gun. brian: that's all. steve: the santa says i will give you anything but a gun. >> enough of the woke san tas. this is the grinch not santa claus. but, listen, don't impose your own woke beliefs on a poor little boy who wants -- he asked for a bb gun. he didn't ask for a 22. he asked for a nerf. gun give it to him, come on. ainsley: another grinch story. there is this family in minnesota attachment saint' anthony minnesota. rep put up a bunch of christmas lights outside. they got an anonymous letter telling her. this this is what the letter said. the idea of twinkling colorful lights are a reminder of derisions that continue to run through our society. a reminder of systemic biases against our neighbors who don't celebrate christmas or who can't afford it put up lights of their own. we must do work of educating ourselves and about the harmful impact and outward facing display like yours can have. rachel, i will let you react. steve: always anonymous. >> this is the joyless secular word that they want to us live. in ruin every holiday. started with halloween, thanksgiving. they especially hate christmas because obviously there is a lot of christian joy being spread during this time of year. it's terrible, by the way, to the woke santa, santa has been giving guns to little boys since guns were invented. i know that because i once left sean, i went to go get my hair done, and he went and bought a gun while he was watching the kids. which was really weird. but boys like guns and little boys like toy gunsz. and that's what happens. >> buy boys like guns, too brian. brian: i heard that i heard you are a lumberjack. only time don't wear plaid is on our show. i remember my first grade gift was a rifle. i loved the rifleman chuck conners. only time i could put off homework to watch the rifle man. i found it inspiring that a single dad would raise his son in the west and shoot the gun quickly against the bad guy. i would have gotten in trouble had i asked santa for that today. >> yes. by the way, brian, go ahead, rachel. >> it's a nerf gun. >> with everything going on with the pandemic. we need to hold on with the family traditions and faith traditions more than ever. our kids have been through a lot. a lot of milestones robbed from them this entire year. don't give up on christmas. absolutely be much more intentional about it than ever. don't let those woke, joyless liberals take it away us from. >> we should clark griswold and put up more lights on our house and celebrate christmas and american diversity. brian: and let's blow a circuit on our house. ainsley: don't fall off the roof. steve: all right. sean and rachel, thank you very much. a wide ranging interview. >> thank you. steve: just couple hours the guy right there president trump is set to sign an executive order putting americans first in the race to distribute a vaccine. dr. saphier joins us on that coming up next. look at this human trying to get in shape. you know what he will get? muscle pain. give up, the couch is calling. i say, it's me, the couch, i'm calling. pain says you can't. advil says you can. dear 2020, you had your time. 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should they have talked about this aprooferred pfizer a few weeks ago? >> that's a good question. some people in the community right now that do believe that members of the fda are dragging their feet. they are scheduled on thursday. to review the eua for pfizer. we don't know when they will give us an answer whether it will be thursday or friday. we are looking forward to the meeting on thursday. yes, could they have potentially met sooner? possibly. but they have been reviewing the data and been allowing for public commentary all very important in this process. ainsley: thank you doctor. senator tom cotton joins us live at the top of the hour. re-entering data that employees could enter themselves? that's why i get up in the morning! i have a secret method for remembering all my hr passwords. my boss doesn't remember approving my time off. let's just... find that email. the old way of doing business slows everyone down. with paycom, employees enter and manage their own hr data in one easy-to-use software. visit paycom.com for a free demo. the lack of control whenover my business kai, made me a little intense. but now quickbooks helps me get paid, manage cash flow, and run payroll. and now i'm back on top... with koala kai. save over 30 hours a month with intuit quickbooks. introducing the new sleep number 360 smart bed. now temperature balancing, so you can sleep better together. can it help keep me asleep? 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why can you go to walmart? i think small businesses and restaurants can do a better job. >> minnesota's home christmas light display is being in anonymous letter they write the lights are quote a reminder of systemic biases. >> goya ceo has said they have named aoc employee of the month. >> what she did for us increased our sales by 1,000%. ♪ deck the halls with bows of holly. >> tis the season to be jolly steve: welcome aboard, folks. it is tuesday, december the 8th. even though it's so dark outside. official subject rise here is in seven minutes. ainsley: really? brian: wonder who. ainsley: man named god who we worship. i always decorate. i have gone above and beyond this year because we need christmas more than ever. steve: we got nothing else to do. ainsley: we have decorated weeks before thanksgiving. or at least a week before of before thanksgiving in my house because we could not wait. steve: i know people who put up before halloween. ainsley: i believe it. steve: we are ready for christmas and the end of the year. want to get this stinking year over with and people should get the vaccine if they can and we can just move past this stuff. brian: doing it gradually. got the tree on sunday and brought it inside. steve: heard you chopped it down. brian: not this year got a professional. steve: you said last week you were going to chop it down. brian: way down the east chop down a tree and tie it up. steve: that was made up story. brian: i was saying i prefer a real tree my point was. first we put it up and looked at it. last night we put the lights up and today we are going to choose the ornaments. good luck to all the ornaments because we have way too many. i hope you make the cut. steve: because you save them over a lifetime. brian: i need a bigger try because i'm getting way too many ornaments. people think it's a good gift for me evidently. griff jenkins joined us earlier talking about the washington football team that had a very good team. beat the undefeated pittsburgh steelers. he joins us live on safe harbor day a significant day in american history because they could be finalizing the elections results today, right, griff? griff: that's right, brian, ainsley and steve, good morning. safe harbor day matters because it locks in -- ends legal challenges in the state to challenge the results. however, it looks like pennsylvania may be the best option for the president's path forward because republicans in that state are asking the supreme court to take up congressman mike kelly's lawsuit which basically alleges that the mail-in law is unconstitutional there in this case got a high profile senator to get on board. senator ted cruz says if the high court takes this case up, he will be the one to argue it. watch. >> i'm hopeful the supreme court will step forward to its responsibility and resolve this case and resolve other cases as needed according to law and according to the constitution to say this is a country where we respect the rule of law. where we follow the constitution. >> and in arizona, the state supreme court agrees to hear a lawsuit involving mail-in ballots and signature verification. but in georgia, the secretary of state recertified their results there for the third time. nevertheless, the president at the whit white house yesterday t further doubt on biden's victory. meanwhile, we have learned, fox news has learned that president-elect biden will choose four star army general lloyd austin to be his defense secretary if confirmed. he would be the first black pentagon chief. but to get the job he will need a congressional waiver because he has not been retired for at least seven years. he retired in 2016. also in wilmington. biden will unveil his health team which will include dr. vivia vivek murphy, becerrad the guy you may have heard of dr. anthony fauci. steve: just down the block from the white house. thank you very much. also in the d.c. area let's bring in arkansas senator tom cotton a member of the senate intel committee. senator, good morning to you. >> good morning. good to be out with all of you. steve: great to have you as well. griff brought up a couple things we want to talk to you about. where are we right now with the president's many legal challenges to the election? >> well, i'm not sure where every single one of them stands. obviously there is a lot going on. they are moving forward in an orderly process. the president has lawsuits in multiple states. he has a right to contest the results in those states. to expose potential irregularities and fraud. he has also though directed the general services administration to release funds to the biden team to plan for the contingency of their inauguration as griff said today is safe harbor day and the electors will cast their ballots on december 14th. this is moving forward in an orderly process. ainsley: i know biden's to nominate javier becerra for hhs secretary. i know you have vowed no on this. you said you are not going to vote for that what's wrong for him for the job? >> anxiously, i woke up this morning from a message from a friend in california who said that javier becerra is so far to the left he makes bernie sanders look like a tea partier. let's go through the problems with this nomination. first, he supports medicare for all. is he going to be responsible for running medicare and medicaid and obamacare and many other healthcare programs. is he going to use the discretion the law gives him to try to take away your health insurance on the job. to say give less flexibility and control to families and states who are in charge of these healthcare decisions. second, he is a true radical on abortion. he supported the lawsuits against nuns. he has gone after pro-life activists in california. who expose some truly grizzly crimes liked planned parenthood. and third, look at what has happened in california during this pandemic. he has been on the forefront of locking down that entire state of preventing schools from reopening and people going to church of defending the kind of decisions we saw over the weekend where the city of los angeles will allow a well-connected film crew to set up in the restaurant won't allow people to serve people outside their premises. javier becerra will the nation's lock down enforcer. the senate ought not to confirm. brian: homage to bernie sanders. give you somebody extremely liberal obamacare. said if that's who he wants i will let him have it but not with tom cotton or i mean senator. move on to something else. a bit of a surprise. it looks as though joe biden's pick for secretary of defense will be four star general lloyd austin. four star army general i should say lloyd austin. now, obviously for somebody to get this high is going to be historic. first african-american to be secretary of defense. and to get this far in your career have you got to be an extraordinary intellect and war fighter. however, there are things in his past that are going to come up. for example, in 2016, in the atlantic. he was quoted as saying early in 2014 obama's intelligence advisers told him isis was of marginal importance. according to officials. that person was general lloyd you a austin in 2016 general austin also testified that out of all the syrian fighters that were strained for millions of dollars, only four or five were there -- were ready to fight and willing to fight against assad's forces. so are those two things going to come up in your mind? are those deal breakers? >> well, brian, i'm sure senators will scrutinize those and many other things. i want to take a step back first and say i commend and respect general austin for his four decades of service to our nation. however, i, like many other senators, have real reservations about giving another a river waiver under federal law for a recently retired general to become secretary of defense. remember, federal law requires that any again has been out of the military for seven years before they can be confirmed as secretary of defense. we granted a waiver to jim mattis for that in 2017. can i tell that you senators across the spectrum from liberal democrats to conservative republicans are opposed to doing that again. jack reed is the senior democrat on the armed services committee. he said at the time in 2017 that he didn't like giving this waiver. it should only happen once in a generation. and he wouldn't do it again. a lot of democrats voted against it as well. i suspect that many senators believe that while general senator austin has served our country with distinction and might be a suitable nomination for many other cabinet positions that it is time to restore proper civil military balance to the pentagon and granting another waiver might put that at risk. i will scrutinize that question very closely. i suspect most other senators will too. steve: let's talk about something that is getting bipartisan support on capitol hill. that is a -- some sort of coronavirus relief package before the end of the year. nancy pelosi had wanted a gigantic amount of money and now it looks like it's just a little south of a trillion dollars. $900 billion. and it would add money to the paycheck protection act. there would be $160 billion to local and stated governments. but, you know, a number of senators have said we are not going to pass this unless there are checks for individual americans. we have heard figures like every family would get at least a thousand dollars. 1200 bucks. there is no money in this for those families there will be no individual checks. i heard that apparently josh hawley your colleague from missouri called the president and said hey you have got to veto that unless there are checks going to go out to the people who are hurting. where do you come down on this? >> well, steve, first, i want to say it's a real strategy that nancy pelosi was so cynical that she blockaded any new coronavirus relief for the last four months. she insisted for months before the election that she wouldn't come down a penny from her $3.4 trillion bill and just last week she said that she is ready to compromise. why? because she said we have a new president. so she revealed what she said she had been doing all long which is holding american workers and families hostage to the election because she did not want donald trump to get any credit for an improoflg economy or the relief that we got to those families and communities. now, i'm very open to a new coronavirus relief bill. i have been in support of one for months. but you have to look under the hood to see what it says. obviously, we need to help those workers who are still unemployed or still can't get the hours they need because people like gavin newsom and xavier becerra have shut down their restaurants or bars. we need to help businesses that are struggling to keep their people on payroll. we need to make sure that schools can stay open as is the case in arkansas or reopen across the country. we need to make sure that we have the money to get the vaccine out as quickly as possible. rather that the total amount of spending in this bill some of which will be money we didn't spend in the cares act and we have available to spend on these high priorities. i will be looking at what the actual priorities and policies are of the bill. ainsley: senator, thanks for being with us. >> thank you all, merry christmas. ainsley: let's hand it over to carley she has headlines for us. carley: we will start with this. today the white house will host a vaccine summit. the president will also sign an american first executive order ensuring americans have access before the government helps other nations. it comes after the u.k. begins administering the recently approved pfizer vaccine with a 90-year-old grandmother getting the very first dose overnight. carley: calls it the best early christmas present. after taking down a calling school reopening sexist and racist. the chicago's teacher's union is now speak seeking an injunction against lori lightfoot's to open schools. the union is calling for clear safety guidelines and resources like ppe and covid-19 testing before returning. staff is expected to return january 4th with students on february 1st. more illegal immigrants are using freight trains to enter the u.s. border patrol officials say it's always been an option but it's becoming an increasing trend with security tightening at highway checkpoints. jumping on to trains makes it tougher to get caught. smugglers are pushing migrants to climb into grain hoppers when are railway calls how long coal or feed. the dangerous acts turn into rescue missions. on to football the washington football team shocking the steelers handing pittsburgh their first loss of the season. >> here is roethlisberger it's in the air and it is intercepted by washington john bos boss bos. he picked it off. carley: late game interpretation helping washington walk away with 23-17 ends the 11 game winning streak. reacting after the final play. >> tonight i'm a washington fan, yeah. [laughter] carley: how satisfying is that. buffalo bills holding first place spot beating the san francisco 49ers 44-24. playing best games throwing 375 passing yards. tying the record set by drew brees in 2013. big game for him, guys. brian: do you know why larry is happy because it was his miami dolphins last undefeated team 17-0. runningback then. beat washington in the super bowl. if you could check on that, gavin if gavin comes into work today. beat washington but you knew that. >> absolutely all of it. >> google pronounce his name. >> zorch can a? it's a tough one. >> i just got a confirmation. that it's confirmed 14-7 washington and now washington beat pittsburgh and now it's complete circle. carley: the more you know. brian kilmeade. brian: have to say goodbye to carley. hey, i will miss her. coming up. los angeles restaurant owners fighting back against dining ban i will call it. ainsley: an >> and people wonder why i'm protesting and i have had enough. they have not given us money and they have shut us down. we cannot survive. brian: next guest is taking l.a. to court over the dining ban and breaks down where this case stands. don't move. gaps and wrap hair. so shark replaced them with flexible power fins to directly engage floors and dig deep into carpets. pick up more on every pass with no hair wrap. shark vertex with duoclean power fins. ainsley: a los angeles county judge ordering health officials to provide evidence why a ban on outdoor dining should be in place. our next guest brought the lawsuit against the ban claiming it targets restaurants unfairly and puts thousands of jobs in jeopardy here with more is president and ceo jack condi. thanks for joining us. >> good morning to you. ainsley: why the lawsuit? >> well, for nine months now, we have listenerred to our public health officials tell us shut down orders guided by evidence and science and we have an l.a. health department wholy targeted the restaurant industry as if we are responsible for the latest outbreak in the pandemic which evidence proves otherwise. ainsley: judge said come back to me with evidence because you are staying open outside cases are rising. is he going to be able to find that evidence? >> well, we have been in court twice. today will be the third time. last week he basically said l.a. county has a lot of holes in their justification and ordered them to come back and prove that it is justified. and we have seen what they filed with the court and frankly it's a lot of words. saying not a whole lot. and not answering really the questions that the judge had last week. so we are hopeful. ainsley: gavin newsom even said a reporter asked him what do you say to the people who are desperate, confused and angry? he said i'm deeply empathetic to the cause of supporting our small business and trying times he gave no evidence. people are fed up. he didn't give evidence at the press conference last week or the one yesterday and restaurant owners are asking him questions. where is the evidence and that was his responds. yeah. i'm sure he is empathetic and committed to making sure everything gets opened up safely. that's not what the restaurant -- the people who own these restaurants want to hear. they want to say -- i mean the hypocrisy is just unbelievable. >> yeah. well, look, restaurants just want to open back up. and in l.a. county in particular, where have you outdoor dining is the only lifeline that they have to get through this, that has been sort of pulled out from under them by health department that essentially is acting on a gut reaction. last time i looked, gut reactions weren't part of the scientific method. ainsley: you are absolutely right. joe biden has put together his corona task force and admiral bret garrard is one of them. listen to what he said. >> the evidence clearly does not support limitations on things like outdoor dining, particularly that are spaced out door bars. the evidence just isn't there remember, shutting down completely, particularly if you don't have evidence can be counter productive. ainsley: let's say the judge says okay, you don't have the evidence. restaurants can open back up, how are they going to do that if there is a stay-at-home order? >> well, you know, the broader stay-at-home order impacts all of leg county and certainly california. imagine a big bowl and underneath that big bowl is a small bowl that targets outdoor dining like it's the culprit just like we heard by a well renowned expert. we are trying to get rid of that little bowl underneath a big bowl. when they lift the big bowl restaurants can get back to business. ain't ainsley right now how long restaurants not allowed to open outdoors. >> they are not allowed to open outdoors. if you drive around los angeles right now it's a ghost town. ainsley: until when? december what? >> well, look, we don't know. the problem is that's a moving target. and that's why we need this ban lifted because, you know, they say three weeks. three weeks turns into four weeks. six weeks. and meanwhile, every day that passes, there are restaurant owners by the way who are, you know, 60% restaurants are owned by people of color and all of our workers who are suffering can't pay their bills. and let me just say here is another little downer. the very health departments that are shutting down restaurants and saying you can't do business are sending continuing to send and collect health department bills and requiring restaurants to pay those bills as if they are open. ainsley: wow, jot keep fighting. thank you some. >> thank you. ainsley ains voting official in georgia official she says highly irregular behavior with ballots in a key county. she is going to be with us here next. ♪ experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. wiintroducing the new sleep number 360 smart bed. now temperature balancing, so you can sleep better together. can it help keep me asleep? 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>> i was trained as a poll tech and i was third come down to the warehouse to help. the 24 employees that normally work the warehouse were quarantined with covid so they this dominion healthcare running. steve: i read your affidavit three pages long. very interesting stuff. one of the things that concerned you with each of the machines you are supposed to run sample ballots. test ballots that is to say. you think they should have been run on just regular paper but, instead they were run with the heavier card stock. that people normally vote on. so you are worried that a sample ballot, a test ballot is intis inindistinguishable from a real live ballot. >> correct, correct. it's the same roll in voter paper. there are reams of it all over the warehouse. anybody could print. you could print whatever ballots you wanted. not only test ballots. steve: yeah. so all these ballots, and i think there were over a dozen per machine were printed. and then what happened to them? >> i don't know. i assume there was a big suitcase in the middle of the warehouse that you could put stuff in to go to the shredder. i, since anyone had access to that, i would pull a ballot before i put it in the shredder. nobody else was directed to do anything of that. like we can't let these ballots get in the wrong hands. steve: when you say spoil a ballot. you would run something through a qr code in the corner so that it was unusable or else you would rip it apart. you did thousands of those so that they could not be used or, you know, as a real ballot. that's one of the things that concerns you don't know exactly the chain of custody. you don't know what happened to those ballots. >> correct. >> steve: all right. tell us also a little bit about apparent there there was a guy who was working there by the name of mike. and you had some problems with the way mike was operating. >> >> so the last night i was there, we were then printing test ballots. they would lose these test ballots and we would have to reprint them. and it was a very disorganized process. and i decided to go out on the floor and leave the test ballot station. there was nobody at the test ballot area or table. and when i came back late at night, 10:00 at night thinking i need to get my purse. i'm going to go home. there was a dominion employee and a consultant from the elections group from chicago who had been there pretty much all week. but stayed in the back of the warehouse. and he was -- i assumed they needed test ballots so i just sat down, how can i help in the dominion employee then left. i noticed the consultant walls just printing random ballots. and so i corrected him. i'm like, let me give you a lesson. this is how you print test ballots. so i taught him. he is was do i have to vote for trump? i said yeah, you are going to have to vote tore trump. and then he shortly left. i later find out i thought he was a warehouse consultant. background industrial engineering my daughter, my husband, everybody is industrial engineer. i was talking about georgia tech and how great it would be to get students to come down here and help. and he never corrected me that he wasn't a warehouse engineer. the elections group has nothing to do with warehousing. steve: all those test and sample ballots, you don't know what happened to them. so you have a question. there was one other thing in your affidavit that was interesting. i think it was the day of the election you received an email that said there would be aclu clerks for absentee parking lots in each precinct. why were you troubled by the fact that there would be somebody from the aclu there precinct manager and my immediate concern was it was a partisan group having access to the voter computer base. being a computer person, having that database information as to who applied for an absentee ballot, who turned theirs in and didn't turn it in. and giving access to the database to a group was kind of a concern to me. i didn't know. so i contacted the secretary of state's office. and just put in my concern. i thought i should. but the day of the election, my aclu clerk was able to use her personal lab top and she wasn't trained to collect an affidavit, which is the most important thing when clearing a voter to vote on a machine. steve: have you come forward because have you seen these irregularities. you don't know exactly what happened to the sample ballots. you don't know exactly what mike's deal was. you don't know what the aclu involvement was, but you just were concerned given all of these allegations. >> yes. and then the -- a big concern was the handling of the early voting ballots that the real ballots that people voted on in state farm arena when they came in from the warehouse they were haphazardedly treated by anybody who wanted to donald trump the ballots out of the scanner taboo later. and there was no oath administered. there weren't two people present. people were just dumping them in suitcases and then leavingth suitcases on the floor and taking a break for dinner or just quitting the job. i now -- in someone's vote. it was disturbing to see that. steve: exactly. that's why you filed this affidavit and you talked to the secretary of state as well. brigitte thorn, thank you very much for telling us your story and what you saw. >> thank you. >> all right. by the way we did reach out to dominion voting systems for a statement. not heard back from them yet. >> all right. coming up on this tuesday. one resident's christmas light display getting shamed anonymously by a neighbor calling the decorations a remind of quote systemic biases like that santa right there. rob smith science off on that coming up next. ♪ - the world is in turmoil. been turned on it's head. of a possible recession.. - american cities are experiencing a devastating surge.. - hello, i'm michael youssef. lately, we are hearing so many conflicting voices and i don't blame you if you are anxious and worried and troubled. but if i told you that there's only one voice that you can absolutely trust. after all, he wants nothing from you and wants to give you everything. i'm talking about the lord jesus christ, who said, " come unto me, all who are carrying heavy burdens and worry and anxiety. and i will give you rest. 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yup, that's how i know it is the purest-tasting water. i need to find the receipt for that. oh yeah, you do. >> if we don't take a stand now who will. follow unjust and unconstitutional mandate, what are they supposed to do? i mean that's not the america we live in. that's not the america i want them to grow up in. and so that's what is really important than my livelihood. my livelihood that can come and go. but our constitution cannot. it's here to stay. we are going to be open every day. we're going to keep fighting. we're going to keep standing. we're going to keep doing what we are supposed to be doing as americans. that is fighting for our rights. brian: hearing that in santa monica and staten island and throughout the country now as small business owners, bar owners in that case standing up and saying i'm not going to shut down. i have nowhere else to go. rob smith host of always a soldier rob smith is problematic podcast. it took 8 months but people are standing up and demanding to seat science behind the lock down that's shutting them down sometimes for good. >> yeah, it did take a while. but i'm glad they are. also they are seeing that there is no science behind these shut downs on outdoor and indoor dining. we had the testing czar say yesterday on this very network that there is no science behind. this for me, i really like watching this video because i love seeing a black american female business owner standing up and saying the constitution is for me, too. because so many of these conversations are being framed in black vs. white. and it's not that it's really freedom lovers vs. tyranny which is really going on here. i think that something that is really not looked at enough is the fact that so much wealth has been transferred from small businesses to big box corporations. you know, have you got target, walmart, doing better than ever. while small businesses suffer. and nobody can tell me or any other business owner that a couple of people inside a restaurant eating is any different than people packing target to go christmas shopping. steve: sure, what do you make of the fact that there are a number of sheriffs in fact we are going to talk to law enforcement a little later on in this program is not going to enforce these suggestions by the governors because the people who are keeping their businesses open are keeping them open because covid is not deadly because it is. but because it's all about survival for them and their families and their business. >> absolutely. look, i think the law enforcement are doing the right thing. starting toe so a trend. i believe there was a sheriff in california that said i will not use the force of the law to crack down on otherwise law-abiding citizen that are standing up to continue to get their livelihood. i think it's a really good decision on the part of these law enforcement officers. i think we will see more of it as more small business owners stand up. ainsley: business owner in saint anthony, minnesota. she just wanted to decorate her house for christmas. put up lights outside which most americans do. her neighbor or someone in the community wrote her an anonymous letter. they didn't put their name on it, of course. steve: never. >> the idea of twinkling colorful lights are a reminder of division that continue to run through our society. a remind of systemic biases against our neighbors who don't celebrate christmas or can't afford to put up lights of their own. we must do work educating ourselves about the harmful impact. an outward facing display like yours can have. what's your reaction? >> look, you know, i talk a lot about this on the rob smith is problem that the particular mod cast. it's not the grinch who stole christmas. the left stealing christmas. this is completely ridiculous, and the idea that because somebody else has christmas lights. and you don't. this is somehow wrong. it's actually, to tell you the truth. a fairly socialist idea. we are seeing the leftism kind of creep in to our christmas tradition if you look on twitter there was a santa that left an 8-year-old boy in tears because he said he would not get him a nerf gun. this is leftism. this is infecting the culture. let's not let them ruin christmas. brian: if anyone is watching i do want it a nerf gun this year. steve: as long as you are socially distanced away from the person you are shooting. brian: i'm not getting it from santa i guess. rob, thanks so much. i look forward to your pod cast today. >> thanks, guys. brian: meanwhile go over to janice dean. she promised to give us the weather. >> we have so many nerf guns at our house. you are welcome to come over. brian: gun on christmas? janice: tons of them and so many of those little bullets come on over. you are all invited. brian: all right. janice: that's right. have you got to wear special goggles though that's the only thing we want in the house. all right. here are the current temperatures across the u.s. that actually warm up the central u.s. over the next couple of days. that's good news if you like the warmth in december. you know what in the raider looks pretty good, too. not too much to tell you about. that storm system across the east coast is out of here. we are looking at the potential for some rain, mountain snow for the northwest. unfortunately we are not getting into the areas that really need it. like california. so as we look for the next several days, looking at the potential for some moisture working its way into the northwest, as well as the southwest, a little bit of rain fall across portions of the mississippi and ohio river valley. some snow for the great lakes. the area of concern today is going to be southern california, where those santa ana winds are gusting again. critical fire danger. winds in excels of 50 to 60 miles per hour next couple of days. the rest of the u.s. looks pretty darn quiet which is what we will take. steve, ainsley and brian, back to you. ainsley: quiet is good. brian: thank you, janice. appreciate it. steve: getting kids back on the playing field. students athletes in some states right there, still on the sidelines private schools including one on long island letting kids play. how they are doing it safely. the lesson for america coming up next. n a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa we're made for. finding the right words can be tough.n it comes to autism, finding understanding doesn't have to be. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. no one sees you need help. no one knows you're not okay. so when someone recognizes the importance of mental health and offers a hand, it means everything. my illness may be invisible. but thanks to covered california, i'm not. all covered california health insurance plans are comprehensive - with mental health coverage, and financial help for people who need it. covered california. this way to health insurance. enroll by december 15th. brian: school districts around the country postponing sports amid the pandemic. catholic schools on long island, new york, and maybe one near you are allowing their students to play sports, including soccer, tennis and swimming. in fact, they completed the whole fall season without incident. how did they do it? why didn't other public schools try? joining us now saint anthony high school director joe saint anthony super star soccer player welcome to both of you. congratulations on getting through it. i will get to you in a second. first off, joe, how determined were you and the other catholic schools to play a season this year. >> we knew that is something we needed to do for our kids. something that they missed out on in the spring and the summer was still the question marks. so we went into this fall in early september with a great plan and able to execute it and very proud of ourselves and our league members. brian: public schools sat on the slinel. >> that's correct. unfortunately the public schools had a difficult time overcoming some hurdles, some different hurdles that we have to overcome as a catholic school league. so i can't really speak on some of the i that they had but we had our own unique issues and we were able to put a plan together and make it happen. brian: so you had a senior season unlike thousands of other kids watching. tens of thousands of kids watching along on the sidelines right now. what was different about this year for you? >> obviously we had a lot of restrictions going into it. so it was a shorter season, we had to wear masks when tolerable. and obviously there wasn't as much like face-to-face contact with our teammates. i think everyone trusted in the decision of the school and our coaches that we made it the best we could. brian: right. you talked to your friends that are in public school. what was it like for them sitting on the sidelines? >> a lot of my close friends weren't able to play. it was really unfortunate that we could and they couldn't. but the only thing i would say is that there is hope for the spring and hopefully they can come out and do what we did in the fall. brian: yeah, but the numbers will be higher in the spring than they were in the fall. joe, the numbers were thankfully down in the fall. you knew that going in. so, what was it about you guys, the nine teams in your league made it important for them to persevere. don't you think there was a lesson in that for these kids? >> absolutely. i think the lesson is that don't give up and try and exhaust every avenue to make it happen. and as you said, brian, that was part of the decision that we wanted to move forward withed that the numbers were low. we expected this winter spike that we are in right now. and we are in the battle against for winter sports to go off. we started winter sports yesterday. keeping an eye on those numbers. we want to make sure that we can have a successful season for them as well. brian: football, girl's volleyball, competitive cheerleading and other so-called low impact sports. congratulations. tell everyone how did you this year. >> we went 9-0. so undefeated in our league and we beat our rival sacred heart in the championship 1-0. brian: so you have a great memory of your senior season, correct? >> definitely. brian: does that make you feel good, joe? >> absolutely. glad we could do it for the kids. brian: played but also good to win and to be totally honest she played with my daughter caitlin for a while in public school they were not allowed to play. congratulations on doing that i saw you got a lot of coverage in the local newspaper i'm so glad you were able to persevere. great lesson to overcome hurdles. joe and care remarks thank you so much for joining us this morning. >> thank you. brian: all those teams able to persevere through. too bad other teams weren't given the same opportunity. if i got this correct kayleigh mcenany will be here live. if this is indeed correct as well, that is a picture of senator john kennedy which means is he going to be here live. dean cain quite attractive and handsome according to ainsley. he will be here talking about hollywood and dan ga gable got n award yesterday is he going to talk about that coming up next. ♪ ♪ ... did you know you can go to libertymutual.com to customizes your car insurance so you only pay for what you need? 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(sigh...) now, it's our time. time to get away to a place where we can finally be free. free from boundaries... ...limitations. even virtual backgrounds. today, we break free. ready to break free? plan your future getaway with norwegian cruise line. sail safe. feel free. here's to the duers. to all the people who realize they can du more with less asthma thanks to dupixent, the add-on treatment for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? talk to your asthma specialist about dupixent. if your financial situation has changed, we may be able to help. steve: it is safe harbor day the day that the states finalize their election results. >> i'm hopeful the supreme court will step forward and do its responsibility. >> [applause] [applause] ainsley: a 90-year-old woman becomes the first person in the uk to receive pfizer's covid vaccine. >> some people in the community do believe that februaries of the fda are dragging their feet. >> pelosi finally ready to accept a smaller coronavirus bill. >> but that's okay now, because we have a new president. >> what she had been doing all along was holding american workers and families hostage. >> senator chuck schumer pushing joe biden to cancel 50,000 in student debt. >> don't need congress all you need is the flick of a pen. president trump: today it's my privilege to present our nation 's highest civilian honor to one of the greatest wrestlers in american history, dan gable. do you think i could take you in wrestling? [laughter] >> ♪ ♪ ainsley: he told the president, nope, no chance. brian: it was 158 and 1 i think ainsley: brian was telling us earlier, it just made me laugh he was cutting down the tree with his kids, they cover it for you. brian: oh, yeah, they tie it up ainsley: and put it on top or your car and he said don't forget take the stand because they put the stand on it so you're driving down the highway with a tree on top with the stand sticking out of the back of your car. brian: right it's true. ainsley: made me laugh. brian: because i'm not handy like steve i don't like to take it and jam it in i want to have a pro. steve: maybe that's the problem that you just take it and jam it in. ainsley: i asked brian does it scratch the top of your car? he says i don't know, you don't see it. brian: no one sees the top of your car unless shaquille o'neal is your buddy. ainsley: that's true. steve: thanks for joining us for hour three of this fox & friends for tuesday, december 8. let's go down to d.c. griff jenkins is joining us. griff, this is safe harbor day. this is the day that the states finalize the election results, and it is a big day for the guy who lives behind you, in that big white house. griff: it is a big day, steve, ainsley, brian, good morning. we really haven't had a significant conversation about safe harbor day since the bush/ gore 2000 election when the supreme court shutdown the florida recount because this deadline was approaching. now, this is essentially a deadline under federal law that forces congress to accept the state certification, so it locks them in. it challenges to the certification of the results and nowhere does that look best for the president than in pennsylvania, where under a lawsuit brought by congressman mike kelly, they're alleging that the states mail-in law is unconstitutional. now, the republicans in pennsylvania are asking the supreme court to intervene and take it up right away. now, we've learned here yesterday, that this case is getting a high profile senator on board because senator ted cruz says that if indeed the high court takes it up, he'll be the one to argument watch. >> i'm hopeful the supreme court will step forward to its responsibility and resolve this case and resolve other cases as needed according to law and according to the constitution, to say this is a country we respect the rule of law where we follow the constitution. griff: and the president fights on in arizona. the state supreme court agrees to hear a lawsuit brought by gop chairwoman kelli ward involving mail-in ballots and signature verification but down in georgia the secretary of state recertified results again with biden, the winner, nevertheless and the president in the building behind me casting further doubt on biden's victory yesterday teasing there's more to come. we'll find out meanwhile fox news learned president-elect biden will pick four star army general lloyd austin to be his defense secretary if confirmed austin be the first black pentagon chief but to get the job he'll need a congressional waiver because he's not been retired for at least seven years. also, in wilmington today we'll but introduced to biden's health team which consists of dr. murt ha, along with xavier b esera and dr. anthony fa uci. ainsley: let's bring in louisiana gop senator john kennedy to talk about these pick s good morning to you. >> good morning. ainsley: good morning let's start with the one that griff was just telling us xavier beser a. we had tom cotton on earlier and he said he's super progressive when it comes to abortion. he wants medicare for all and he says he's going to vote no. what do you say? >> other than the fact that mr. besera has no healthcare training, other than the fact that based on his behavior, he celebrates abortion, other than the fact he wants to takeaway the the united health insurance of about 190 million americans, i guess he's fine. i'm obviously being facetious. i think he's going to have a tough time with confirmation. i don't understand this pick, by mr. biden. i think he's going to have a tough confirmation. brian: senator do you think it's over? i mean, the president has got some hopes, ted cruz is queued up with this case in pennsylvania can get to the supreme court in georgia the president is still really ticked off about some of the way things were done. we know too in arizona, he's not giving up and in wisconsin, do you think he should? >> well, number one, ted is one of the best appellate lawyers in the country, so boy i'd hire him in a nanosecond. number two, i've said all along and i'll keep saying it, that the president has every right to say what he wants to about the election. he has every right to contest it in court. that, to me, does not undermine or degrade democracy. that elevates it. in america when we disagree with an election we go to court. at least most of us don't try to stage a coo, and this thing isn't over until it's over and as long as the court cases are pending, it's not over. steve: well you know what? it's not over regarding the coronavirus relief bill. its been going on it seems like for months there, you know, the house passed something with a gigantic price tag the senate didn't even consider it, but now , nancy pelosi is willing to have a smaller package relief bill and she revealed on friday why. senator, listen to the speaker of the house. >> that is a total game changer a new president and a vaccine, but what was then before is not more of this. this has simplicity. it's what we've had in our bills it's for a shorter period of time, but that's okay now, because we have a new president. don't characterize what we did before as a mistake as a preface to your question, if you want an answer. that was not a mistake. it was a decision, and it has taken us to a place where we can do the right thing without other , shall we say, considerations in the legislation that we don't want. steve: senator other considerations, but the key, and she repeated it twice, we have a new president coming in. so, it makes it look like she never wanted to give donald trump a win. >> well, you know, that attitude, that statement, it makes me want to overdose on antidepressants. you know? how cynical can you be? now, we've always suspected that speaker pelosi was making a political decision, but to brazenly look the american people in the eye and say ha ha ha, i was never thinking about you or next generation, i was thinking about the next election. you know? speaker pelosi is a smart lady, but i know a lot of americans right now are thinking, you know , beauty fades but dumb is forever. you're going to actually tell us that this is what you were doing how arrogant can you be? i'm really, i was appalled when i heard that. ainsley: livelihoods were changed because of covid and she's not giving people money, 110,000 businesses closed down. >> and now, here we are. i know many members of the media are breathlessly reporting that we're close to a coronavirus deal. i wish that were the case. we don't have our ducks in a row i'm not sure we know where our ducks are. we are stuck. the democrats want more money for state and local government. the republicans want liability for small business people, liability protection. neither side is going to budge, in my opinion. here is what i think mcconnell and pelosi ought to do. just tell both sides, you can't have what you want, put the guts of this bill on the floor. help for small business and help for folks in terms of unemployment benefits and say to the united states congress, this is the best we can do, the time for dogging around is over. if you want to vote against that , have at it, dog, but we're going to do something for the american people, and that's the only way we're going to get out of this. i'll vote for it in a heartbeat. brian: that $108 billion i think would go a long way to get you guys through, but the liability insurance is also pretty vital. i know i'm speaking to the choir here but if you want people to get back into business you can't bring them back into work if they turn around and sue you should something happen. it's not being selfish. setup a criteria for every business. if they don't live up to it they should be liable but if they do, game on. >> well, i don't disagree with them at all but if the democrats are going to never agree on it, and we're not going to agree on the additional bail-outs of state and local government then we'll never have a bill. brian: but there is money for state and local government in this. >> i know, but you're being rational. this is not a rational process. i don't know about the house but the united states congress or rather the united states senate only works when not everybody is crazy at the same time, and right now, we have the democrats dug in on no liability protection and many republicans are dug in on no more money for state and local government, so just leave both of that out and do what's most important. steve: indeed. >> not the only thing that's important but help people and help small businesses and then we can fight over the other later. steve: because so many people are hurting right now. senator we're coming to the closing of the year. it's christmastime. there are actually mall santas working, but we wanted to play a little video tape. when we saw it this morning we knew we wanted to get your point of view on it. watch the reaction from a little boy. he simply tells santa, he wants a nerf gun, but santa says no. you can have anything and he goes through a list. you can have anything but a gun and the kid winds up balling his eyes out. let's roll the tape. let's go to the mall. here is the kid and santa. >> no gun. >> nerf gun. >> nope, not even a never gun. nope. if your dad wants to get it for you that's fine but i can't bring it to you. what else would you like? there's 5,000 toys, leg legos, bicycles, cars and trucks, what do you think? what do you think? >> [child crying] ainsley: oh, my gosh. steve: senator can congress pass a bill, where it will be legal for mall santas to okay never guns for kids? >> well, number one, i couldn't hear the tape completely clearly but let me guess. this santa is from new york. [laughter] brian: right. no it's beto o'rourke. >> number two and i've said this a number of times and i mean it. we've got a lot of gun laws we don't need more gun control. we need more idiot control and we can start with this particular santa who obviously wants to use political correctness as a club to the point of disappointing a child. you know? boy i'm going to have to overdose on antidepressants twice. ainsley: gosh. so mean to that little boy. brian: that doesn't happen in louisiana. steve: i've got a feeling the real santa is going to bring that kid a nerf gun. >> well i hope so. this santa needs to go home. brian: he's in the home with duck dynasty. don't they get a rifle for their fifth birthday? >> yeah, really. brian: they set to shoot their first squirrel. ainsley: senator, thank you. coming up, governor newsom defending the new lockdown measures as one sheriff calls them flat out ridiculous saying he won't restrict civil liberties sheriff chad bianco is here with that no-nonsense message coming up next. before voltaren arthritis pain gel, my husband would have been on the sidelines. but not anymore! an alternative to pills voltaren is the first full prescription strength non-steroidal anti-inflammatory gel to target pain directly at the source for powerful arthritis pain relief. voltaren. the joy of movement. >> these closures and stay-at-home orders are flat out ridiculous. he is expecting us to arrest anyone violating these orders, cite them and take their money, close their businesses, make them stay in their homes and takeaway their civil liberties. steve: that riverside county, california sheriff slamming the governor out there, gavin newsom's new stay-at-home orders calling them flat out ridiculous insisting his deputies will not be used as muscle against his county residents that's sheriff chad bianco joining us right now from riverside, california. sheriff good morning to you. >> good morning. thank you for having me on. steve: you know, i'm sure gavin newsom didn't like to hear that from you. >> no, he didn't. we know that for sure. he did not. steve: well, why are you looking at what the governor ordered and saying we're just not going to enforce that stuff? >> you know, law enforcement, we still have a real job to do. we still are answering calls for service for real crime where people are being victimized and hurt, and it's almost like he's expecting us to completely drop that, forget about all of that, and just start responding to the social issues of masking and business that is not open, and that's not law enforcement's job that is not what we should be utilizing our resources for , and i just can't do it. steve: what are the problems for you is the fact that the governor and his task force when they decided to do the latest stay-at-home order is they broke california into five regions and you are grouped with la county which is the hot spot in your region, and so the infection rate in la county is much higher than in your county, so where is the science that said that if it's closed in los angeles, its got to be closed in riverside county? >> you know, that's another bit of irony that they keep telling us the science, we're following the science, the science, the science. well really? because you're not showing us the science and common sense is going to tell you that you cannot group los angeles county with all of the rest of the counties being mostly rural and say that they're the same thing and group them altogether. it makes absolutely no sense, just like everything else that's been going on with locking businesses down makes absolutely no sense. steve: so how many businesses are still open in defiance of the governor who they know you're not going to come and close them down? >> you know, i couldn't tell you how many. i know there are some and the response that i've received the response that we've received over the last couple of weeks last couple of months is that they just had enough. they can't do it anymore. they're losing their businesses, if they haven't lost them already. they're losing their houses, they're not paying their bills. they have to decide whether or not they're going to stay open and survivor if they're going to close and we know that businesses are defying this order and, you know, quite honestly, i can't blame them when all of government, including governor newsom, all of these people are still getting paid. they're still getting checks and they're staying at home on their computer screen getting paid while the rest of the state is being told that you can't open your business and you can't go to work. so it's not just business owners it's all the workers that go to work for these business owners. none of you get money. none of you can pay your bills. we'll worry about it next year because we're going to lockdown for the rest of the year. steve: famously, governor newsom was caught on camera being at the french laundry up in wine country. it be ironic, and there is the image right there. it be ironic if law enforcement showed up at a place 20 close it down because they were operating in defiance of the governor's order and there's the governor. that would have been delicious irony and hypocrisy all in one image right there, sheriff. >> i'm sure it would, and you know, as many officials are being caught doing these things while they're ordering everybody else not to, i wouldn't be surprised if we do decide to shutdown a business that one of them is there. steve: you just never know the sheriff in riverside county, california, chad bianco, sir, thank you very much for joining us today on fox & friends. >> you're welcome you have a great day. steve: you bet. by the way we did reach out to the governor out in california. he has not called us back, probably the time differential. or no. so there you go. meanwhile, actor matthew mcconaughey getting hailed for calling out hollywood elites calling them hypocritical over the 2020 election. dean cain on the reaction pouring in, coming up, next. >> ♪ ♪ the ups and downs of frequent mood swings can take you to deep, depressive lows. or, give you unusually high energy, even when depressed. overwhelmed by bipolar i? 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brian: couldn't be more impressed, jeff, thank you so much appreciate it. now, for something hollywood-esq ue, ainsley? ainsley: actor matthew mcconaughey recently called out hollywood's hypocrisy over the 2020 election results, listen. >> there is a lot on that ill- liberal left that absolutely is arrogant towards that other 50% in our industry when trump was voted in four years ago. they are in denial that that was real. ainsley: that was on russel brand's podcast here to react is actor dean cain. hey, dean. >> good morning, ainsley how are you? ainsley: good morning doing well do you agree with him being a celebrity, a hollywood star yourself? >> i say all right, all right, all right i mean, matthew mcconaughey is somebody who has always marched to the beat of his own bongos, if you will. he does what he wants, does what he wants and he actually speaks real common sense. i say welcome to the common sense club, and he's 100% right, both sides to be honest, you know, when president trump was elected, people out here in hollywood who ascribed to group think and cancel culture went after anybody that said anything or remotely supported the president so matthew is 100% correct in calling it out. he's been doing this for a while though he gave a great speech in 2015 to the university of houston where he laid down these 13 rules to live by and if you look at the rules they make perfect sense common sense once again so i've always said there's a lot more people in hollywood who actually a scribe to a common sense philosophy, and he's making it clear. ainsley: yeah, he's staying true to the southern roots right? what about whitney cummings, the comedian, she's been pretty vocal how she feels throughout the election and with all the lockdowns. she's ripping the hollywood elites who are pushing these lockdowns tweeting this out. it's amazing how wealthy hollywood people want everyone to stay home except grocery workers and amazon delivery people and nannies. what's your reaction? >> whitney is calling it like it is. you know, she's a writer, producer, she's an actor and she is of course a comedian so she's used to looking at people's behaviors, making fun of them and, you know, this instance she's 100% correct. once again, so, i'd love to see more people calling people out so maybe we'll actually have discussions between each other and meet in the middle so i'd love to see more and more hollywood speaking up, speaking common sense, and once again,hal lelu jah. ainsley: how did it make you feel when you learned she got more support than attacks. >> that made me happy, it's trending in the right way because you can't have this cancel culture stuff going on 24/7 it vent eats everybody and it's just way too much and ridiculous so more and more voices speaking out. ainsley: well dean, merry christmas thank you for coming on with us. the first dose of pfizer's coronavirus vaccine given in the uk and here at home president trump is going to host a vaccine summit in just a few hours preparing for a massive distribution program. white house press secretary kayleigh mcenany is here with an update for us, plus president trump awarding ledge en larry wrestler dan gable the presidential medal of freedom and the coach reflects on that honor, coming up. >> ♪ ♪ ♪ ♪ ♪ smooth driving pays off. ♪ with allstate, the safer you drive the more you save. ♪ you never been in better hands. allstate. click or call for a quote today. who hides presentsn staunder the bed.ne narrow to those whose dogs... also fit under the bed. no, not that one. ok, that one. meaning, you. you're the one we made mywalgreens for. with pickup in as little as 30 minutes. to make saving, shopping, and holiday chaos...easier. introducing mywalgreens. join for 30 minute pickup at walgreens.com inflammation in your eye might be to blame.ck, looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? 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>> look it needs to be higher than that. this is a vaccine that president trump got us in record time and it usually takes four to 25 years and president trump got it in just 10 months and today among other names you'll be hear ing from dr. peter marx at the fda and this is a man that goes line-by-line through thousands of lines of data to make sure this is safe and effective and looks at how it interacts with every population in the united states, minority individuals, older individuals, younger, he literally looks at how it goes with each and every american to ensure it is safe, it is effective, and it rest assured moderna and pfizer are looking like just that and hoping for fda emergency use authorization in short order. steve: well that be great because a lot of people want to get it but the big question is how many doses are available? there's a story i'm sure you've seen in the new york times and the washington post as well that apparently, we all know that the government is signed on for 100 million doses, which would help 50 million people if you have to get two shots but the story, according to the new york post, or new york times and the washington post, is that in the summer, pfizer said to the federal government, hey, you've already bought 100 million doses. do you want to get some more because other countries are queuing up and the government said no, and now i know we're negotiating to get more from pfizer, but they've sold it off to other countries, the eu i think bought 200 million doses, and it sounds like, according to the latest reporting, is that we might not get more from pfizer before june or july. >> it's just simply not true that they offered extra doses, according to the people who are involved in the negotiations. with each and every company, we contracted for 100 million doses so it's just simply not the case that we were offered more and rejected them. steve: so when will we get the next batch? >> look we will get the next batch in short order, those negotiations are ongoing, but what we're hopeful to see , we have six vaccines in phase iii clinical trial, two have approached that 94-95% efficacy but others are on the way and for this president, no other president has done this , obama- biden didn't do this for their swine flu vaccine , president trump negotiated in advance. this is novel what he did to even have these contracts to manufacture these doses, to have a plan where within 24 hours, every zip code in america will have a vaccine as we go through those most vulnerable. steve: and that sounds great, so you're saying that we will get more from pfizer before june or july? >> absolutely, we've contracted for 100 million doses, so we've already negotiated that in advance, and this plan is laid out, ready for distribution, and contrary to the swine flu vaccination with obama-biden we're ready to go. ainsley: kayleigh we had a guy on his show earlier, jack conde, the president and ceo of the california restaurant association and he took it to court because he says the folks who own these restaurants in our association can't serve food even outdoors and so the judge said well i'm going to keep the ban on outdoor dining for now, but the health experts, the leaders in california are going to have to prove to me there's evidence that you can get covid or people are getting covid because of these restaurants. here he is who is suing because he's so upset about what is happening with the restaurants, listen. >> for nine months now, we've listened to our public health officials tell us that these shutdown orders are based on, or they're guided by evidence and science and we have an la health department whose essentially targeted the restaurant industry as if we're responsible for the latest outbreak and the pandemic when evidence prove s otherwise, and in la county in particular, where you have outdoor dining is the only lifeline that they have to get through this , that has been sort of pulled out from under them by health department that is essentially acting on a gut reaction. last time i looked, gut reactions weren't part of the scientific method. ainsley: so kayleigh now the vice president setup his task force, president-elect biden setup his task force for corona and he's keeping fauci on and fauci says there might be some evidence that says it's dangerous, shouldn't sit outdoors but then you have the other guy on the task force admiral gerardi saying there is no evidence. what is truthful? >> here is what's truthful. democrats are anti-science. democrats are anti-constitution. assad mir all gerardi said there is no science suggesting if you're outside, socially distanced wearing your masks appropriately that you can't dine. there never was science showing that schools should shutdown because kids were super spreader s. that didn't exist. president trump said that and here we are many months later and the science once again is on our side as its always been. democrats will shutdown your churches but allow other commercial establishments to stay hope like governor cuomo who has rebuked by the supreme court. democrats are anti-science. we will always put forward the science and it is a travesty what they are doing to small business owners, to companies, and to churches across this nation. it's unacceptable. brian: we know we watched the president give a speech on saturday and the debates on sunday and the vice president is going to georgia thursday so that's how much the senate races mean to him and the party. kayleigh, if things don't break your way, with all these challenges including pennsylvania, which could end up in the supreme court, do you know if the president has decided if he'll go to the in awe inauguration because his reports they could have a major event in florida at the same time if he's not in it. >> the president will announce his plans for january at the appropriate time, so won't get ahead of him and i'll leave that to him to announce at the right time. ainsley: you can tell us. >> i wish i could, ainsley. brian: if you were going to tell i know you'd tell ainsley and then she would tell us. >> she be my first person for sure. brian: of course we've seen it before. ainsley: thank you, kayleigh. steve: all right president trump awarding legendary wrestler began gable the presidential medal of freedom in the oval office and the coach is going to reflect on that honor, coming up next. it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? 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[what's this?] oh, are we kicking karly out? we live with at&t. it was a lapse in judgment. at&t, we called this house meeting because you advertise gig-speed internet, but we can't sign up for that here. yeah, but i'm just like warming up to those speeds. you've lived here two years. the personal attacks aren't helping, karly. don't you have like a hot pilates class to get to or something? [ muffled scream ] stop living with at&t. xfinity can deliver gig to the most homes. ainsley: several cities are proposing a ground delivery tax for amazon and other packages as the pandemic slowed in-store shopping grady trimbul from our sister network fox business is in chicago as local governments are turning to consumers to plug budget shortfalls tell us about it, grady. reporter: good morning, ainsley some elected officials in new york and here in chicago get their way you could have to pay an additional fee every time you get one of these. here is the proposal in chicago. you'd have to pay an additional $1.25 per-package if that package is over 50 pounds you can double that amount. in new york, the proposal is a $ 3 tax per-package. in both places food and prescription medicine be exempt. some elected officials are pointing out that deliveries, generate more trash for cities to process and that delivery drivers are using public roads they say a tax would level the playing field with brick-and-mortar stores. in chicago, property taxes are already set to go up next year as the city tries to fillet $1.2 billion hole in its budget. in new york, at least one state lawmaker says money from this package tax proposal could help fund the subway system which of course was struggling financially before the pandemic, and has since been decimated by the coronavirus, so around this time next year, ainsley, these are just proposals right now, but so many people are doing their holiday shopping on amazon and online, you might have to pay more if these proposals go through. ainsley: great, one more tax, here in new york. we're all excited. my super glue is going to cost less than the tax that i just bought yesterday, thanks so much , grady. brian i can't take it anymore. brian: all right, ainsley, an american wrestling legend gets the honor of a lifetime. president trump: it's my privilege to present our nation 's highest civilian honor, the presidential medal of freedom, to one of the greatest wrestlers in american history, iowa legend dan gable. he has been an incredible inspiration to so many people. brian: it didn't end there. the president even asking the all-time great what his odds were if they actually put on the singlet and wrestled. president trump: now i'm larger than you a little bit, do you think i could take you in wrestling? would i have a big advantage? >> you would have no chance. >> [laughter] brian: president didn't like to hear that but dan gable was just being honest the ncaa wrestling champion one of the greatest coaches in any sport ever, one of the greatest athletes of the century and certainly of iowa his record 181 and 1 prep in college two time ncaa champion, 1972 gold medalist i don't think he gave up a point in munich, germany, didn't surrender a point and coached iowa to 15 ncaa titles obviously in the wrestling hall of fame but having all of those accolades, dan gable, thanks for joining us, the day after a magical day, i imagine with your whole family there. what was yesterday like for you? >> well, we took a lot of tours and we got to go a lot of places and all 23 of us were really enjoying themselves, excuse me, maybe 22 of us. i was focusing on what i was supposed to get and that was this medal here, this presidential medal of freedom, so you know, i lost focus on that one loss and so i told myself when i have to perform i'm going to stay focused until after that performance and then i can talk. brian: so okay, i'll talk about that for a second. when you get that presidential honor, it's a lifetime achievement award from the most you powerful person on the planet. i know what you think about wrestling and your last match and thinking about your teammate s but when at this point in your life with all you achieved, what are you thinking about when the president gives you the award? what popped into your mind? >> oh, i have to kind of think about other things, because otherwise i'm a real emotional person. i can cry at a drop of a hat, so you know, when i start getting emotional it's not as good an interview, so i definitely, i might start thinking mickey mouse, donald duck or something like that, but no, it was an honor. i think my grandkids were kind of out of focus. they were rolling around the ground right there in the oval office, and so, you know, i've stayed focused and i really appreciated it. brian: well, i mean, growing up in an area that was just rich with wrestling tradition everyone thought dan gable was bigger than life, like paul buni on, you never actually lost but you actually did lose one-time. and i thought to myself you lost your last match of your ncaa career, you were 117 and 1? how did you lose? >> well, i won 64 in high school in a row, undefeated there and then i won 117 in a row and then i had one match to go and i started doing interview s. i mean, i got this award yesterday, so i can do interview s now, and i thought i could probably do all the extras and still win, but i'm telling you when you let your guard down , you're vulnerable and that was me. brian: and i guess so did you learn from that loss? >> oh, did i learn. i went on to coach for 25 years. i went on to wrestle for two more years and went on to win the world's and the olympic games and the guy that beat me was larry owings out of the university of washington and he was only a sophomore and he didn't win again as much and kind of lost his focus afterward s but then i gained my focus, and i realized that i was a great wrestler but i needed more than i had in terms of the skills and so i worked on the skills of the sport the last two years and still stayed tough and all of a sudden, i was a much better wrestler. i think i improved more in those two years after i lost than i did in my whole wrestling career. brian: out of everything you've accomplished as a wrestler, it might be more impressive what you did as a coach and i can imagine the lives you affected. what are you most proud of? >> i'm most proud of somebody getting their hand raised and then if i don't like the kid because he gave me a lot of problems i look up in the stands and i see their family and i like them because they're going crazy, so it's that attitude that the people in the stands that are having a great time that i really hooked on to and that gave me a lot of motivation brian: dan i used to watch you, as a wrestler. you be sweating as a coach. i mean, you couldn't sit still. you were moving all around so it was harder to watch someone else wrestle and it seemed to me you were so cool as a wrestler as a coach you were a maniac. >> i couldn't control myself as a coach, as compared as an athlete. i don't think i jumped for joy as an athlete even though my hand was raised in the world in the olympics, and people put me up on their shoulders and i said put me down. i knew i was going to win this match or i should have won this match, so plus i'm exhausted, but at the same time, when you're cheering on somebody , when you're coaching somebody, it's out of your control and so sometimes you go out of control. brian: right, so yesterday with the president of the united states being there, giving the award, and somehow lou holtz put it into perspective, what were your conversations like with the president? >> i tell you, i've had several conversations with the president and he has respected me unbelievably. his one son, donald jr. , i believe, wrestled for seven or eight years and somebody puts that kind of time and work into it they can really respect somebody especially that somebody that's gone on to the highest level, so i think donald trump really respects me. he's always been humbled in front of me. he's never made me mad. he might have walked out of the press conference a little bit yesterday, a little bit pert urbed with a couple newspaper people, but hey, i was having a great time. brian: he left you in the office by yourself with your family. >> that's okay. he didn't like what was going on he said it was about me and it wasn't about him, so i'm out of there. brian: you got it, no i hear you and do you have the medal with you? >> i do, right here. brian: can we see it? >> yeah, right here. it's the president's medal of freedom right here. it's the highest honor a civilian can get. i don't know if i'm a civilian or not, but i'll tell you what it's a great medal. brian: where are you going to keep it, dan? >> i'm going to have to ask my wife. she's in charge of that. brian: [laughter] you got to have your own trophy room by now, with a little bit of room on that shelf. >> there's a museum in my hometown of waterloo. i promote this sport all the time and so i've got a museum kind of in my own house, you know, i think today, there's a feature film coming out, it's about, it's not about wrestling but about a family and i'm involved with that called the last champion and i'm always promoting this sport just because we need it. we need it. it's a great sport. brian: right it teaches toughness, personal responsibility, and putting yourself on the line. there's no one except you and the other guy or the other woman. dan gable, congratulations, you deserve that honor and so much more. its been a privilege talking to you thanks so much. >> hey i'm just glad to be here , thank you. this year you got it done. now walmart can help check off your gift list with free curbside pickup, fast delivery from your walmart store, or gifts shipped right to your door. let's end the year celebrating. ♪ dear 2020, you had your time. (sigh...) let's end the year celebrating. now, it's our time. time to get away to a place where we can finally be free. free from boundaries... ...limitations. even virtual backgrounds. today, we break free. ready to break free? plan your future getaway with norwegian cruise line. sail safe. feel free. my husband would have been on the sidelines. but not anymore! an alternative to pills voltaren is the first full prescription strength non-steroidal anti-inflammatory gel to target pain directly at the source for powerful arthritis pain relief. voltaren. the joy of movement. introducing the new sleep number 360 smart bed... now temperature balancing, so you can sleep better together. and now, save up to $700 on new sleep number 360 smart beds. plus, 0% interest for 48 months on all smart beds. only for a limited time. >> we want to see your photos, decorations, email your pictures to friends @ foxnews.com. have a great day. >> sandra: this is a fox news alert. 90-year-old british woman becoming the first person in the world to receive the coronavirus vaccine. she got the shot early this morning saying she felt privileged to be first in line. >> i couldn't believe it. but i'm happy it's happened. i've done it and hopefully it will help other people to come along and do what i did, you know, try and find it to get rid of this terrible thing. >> sandra: the u.k.

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