massive funding that allowed us to scale up production. every vaccine was being used. what we did was use a platform that has been around for over a decade, so we know it safe. we know it's effective. i will get one as soon as they tell me that i can. >> harris: white house press secretary kayleigh mcenany is here on this momentous day. first, the physical battle from the frontline. professor of medicine at nyu medical center and fox news medical contributor, dr. marc siegel is in new york. it all began with that critical care nurse today, getting the shot in her arm. your concerns, your thoughts, your excitement on this day? all of it. >> harris, it is a very exciting day in america on the covid front lines. including here in new york when we fought some of the very big battles. as we speak, harris, the vaccine has been running into the rescue. you can see the vaccine arriving, but what happens, it needs to be though thawed out. doctors, nurses, respiratory therapist, they will be the first to receive the vaccine. we cannot overlook our respiratory therapists who have been on the front lines. up and down the country, that vaccines are arriving. perhaps the most historic thing this country has ever witnessed. all overseen by all eight branches of the united states military. i talked with one of the top vaccine experts in the country who just advised of the fda to approve the pfizer vaccine. speak of the past year has been remarkable. we just identified this virus, sars-cov-2. we were able to perform two large clinical trials with 44,000 people, showing that the strategy works. speak about the first place in new york where a patient was given the vaccine was on long island. you can see, dr. michelle chester, nurse sandra lindsay who worked on the front lines as a critical care nurse. sends a message of american resilience and courage. all this as we engage this vaccine to overcome both a virus and then he fears people may have of not taking it. harris, it is a great privilege to be invited inside my own medical center over the next hour or so to witness one of our health care heroes receiving the vaccine, and i will be able to interview them and film it. there will be at a press conference, but it is about our heroes getting the vaccine on the front lines, harris. >> harris: well, some of it is about the p.r. because we have seen the fox news falling and others that showed that some are on the edge about whether they want to do this. so what you are about to show us is critical. the whole day is so important, and i know that's one of the concerns you had early on, south now you need to be part of what people can trust. thank you, dr. siegel. >> absolutely, harris. vaccine compliance. >> harris: white house press secretary kayleigh mcenany joins me from outside the white house. it is great to see you. at the beginning of this, we were watching some things we never thought that we would see, and it has been a tough road, but it seems like -- this is not a cure, but we are battling with a new weapon. >> there is no doubt about it. not having one but two vaccines to have a 95% 5% efficacy, and as we have been emphasizing, we have a portfolio of six vaccines. two others in phase three clinical trials like that, on the back end. this is a medical miracle. this could have been five years down the road, but we got it done now by tearing down red tape. it's a great day for america. this is an achievement we can all celebrate together. >> harris: you mentioned president trump, and that president has decided to delay its a plan to fast-track vaccines for white house staff members. he tweeted this. "people working in the white house should receive the vaccine somewhat later in the program. i have asked that this be the adjustment being made. i am not scheduled to take the vaccine, but look forward to doing so at the appropriate ti time." kayleigh, this is actually kind of a reversal of that presidential policy, which says that for continuity of government, the white house staff and others should go first. why did the president decide this? >> that was passed by president obama. we were putting that into place. the president decided frontline workers need to come first. our long-term care facilities need to come first. we would stop continuity and government. key officials, staff among others, will have access to this vaccine. certain members of congress. there will be continuity of government, but he is not ashamed to say number one, it is the most vulnerable frontline workers. and it should be our resident and long-term care facilities. >> harris: more about covid-19, and then we will move on. i was reading through with the release valve that is coming out. you know, $6 billion set aside to help with vaccine distribution. my goodness, congress. come on. as the president going to have to go over to capitol hill to get this thing moving? >> katie: i talked with the chief of staff about this this morning. he said nancy pelosi is unfortunately putting the interest of trial lawyers first. these trial lawyers are the ones who are going to go after small businesses. that's the last thing they need as they are trying to weather covid. all of this liability on their hands. prioritizing the trial lawyers unfortunately over the american people. we also want the money to go directly to the american people. in the form of direct payment checks. come on, nancy pelosi. negotiated. that is all we are asking for. >> harris: yeah, and we can look at this and a bipartisan manner too. it takes two sides to talk about these things. maybe they can use their powers of persuasion to get us moving forward because i vaccine is rolling, and they are going to need that money. president trump to game at william barr, saying he should have stepped up and set the record straight after joe biden said his son did not make any money from china during the presidential debates. he is the president. >> all he had to do was say it's an investigation is going on. bill barr, frankly, did the wrong thing. when they are saying things, making statements, and the press is purposely not reporting, bill barr, i believe -- do not believe, i know. he had an obligation to set the record straight. just like robert mueller set the record straight. >> harris: with your reaction to that? >> his analogy could not be more appropriate to robert mueller who came out and said -- this story is just not true. one of the nation's largest newspapers banned from twitter, when you have entities like "the new york times" calling the hunter biden information "russian misinformation," ironically they won a pulitzer. out there saying that this is being echoed across every single airwave except fox, i would point out. you have an obligation to, because you are affecting the election by not coming out and saying that this is about a russian misinformation. >> harris: is there a divide between the presidents and bill barr over this issue? because he didn't come out and say what was going on. >> there is a clear frustration. i will leave it at that. he's very public about it. the country was misled, unfortunately, by a number of news outlets saying that this is a conspiracy theory. right there with the president when he was interviewing with 6. leslie would not even let him speak on it. while it was truthful all along, the facts were there, it was unfortunate that the attorney general did not clarify. >> harris: we will follow the news as it comes. maybe a special counsel going forward so that the case might be looked at and to the potential future of the next administration. senate homeland security chairman ron johnson said that some about his investigation into hunter biden. >> we only got a response from the attorney not to cooperate. nobody else even responded to us. that contrast sharply with president trump's children and his associates who voluntarily submitted to literally hundreds of hours of transcribed interviews. turned over thousands of documents. in most cases, why are they basically hiding in the weeds? >> harris: hiding in the weed weeds. kayleigh? >> what a contrast. my friend, hub acts. don jr., others. over nothing. over i think investigation to russian collusion dies that never existed. here, they are being stonewalled because we were told it was all fake. it is not the case. they do exactly what the members of the trump administration has done to be transparent. there is nothing to see. there is no reason to hide. >> harris: i do want to get to georgia here. the warnings that the probate is on the line as early voting begins today and that pivotal georgia senate runoff. those two races that will decide the power in the u.s. senate. former white house communications director. >> what is going to matter, frankly, is who is in control of the senate. if it is just democrats, we are not going to get answers to the basic questions around hunter biden's finances. we have got to make sure that republicans keep control of the senate. we get answers on this. >> harris: that is an interesting take. if republicans don't retain the majority of the senate, does this thing go away? >> yeah, the investigation and would seem to go away because they would be in control of all levers of the government. we will see what happens, but it is truly an investigation. >> harris: all right. just a quick wraparound question because the big story of today are the vaccinations. you know, as you look ahead and operation were speed, what should america see next? we will see another, online on thursday. >> yes, that's exactly right. i don't want to underestimate just how important this delivery was and how nuanced it was. 145 today. another 66 on wednesday. literally trial runs. delivery dry runs, just to make sure that we had just perfect perfect. every possible life is saved. it is tremendous. these new vaccines, phase three clinical trials. astrazeneca, johnson & johnson. >> harris: kayleigh mcenany, good to see you. >> good to see you. >> harris: frustration over california's coronavirus restrictions. i will speak with a business owner. and he says that the difference between how those two states are dealing with small businesses is stark an end not a good way. republicans want democratic leaders to explain how congressman eric swalwell still has his spot on the intelligence committee, despite his ties to a suspected chinese spy. why g.o.p. lawmakers say democrats are held to a different standard. >> why is it always the democrats? 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she gets very things i don't get it. so why did know when she made that selection? >> harris: our panel now, james freeman, for "the wall street journal" editorial board. richard fowler is here. fox news contributor as well. james, how important is that question that congressman jim jordan just asked? >> i think he's raising a very important question. not just about the security and information that is shared with the intel committee. pretty aggressive, broad -- but i think it also does expose relay that deceit and corruption behind the and this russian collusion claim against president trump. here was a member of the intel committee. remember nancy pelosi's party on the health of had much more extensive connections with what our government believes in his last five. not only did she help him raise money, she placed an intern in his office. interns, and go, but the ability to place one in the congressman's office says that that person, that alleged spy, had a lot of clout. >> harris: interesting. richard, do speaker pelosi of the american people are reasoning for why swalwell sits on that committee, even today? >> i don't think that she does. she can pick which members she wants on various committees. republicans are in control of the chamber, they would have the ability to do that as well. it is also really important to point out how we got to the story. in 2015, when he was alerted about this connection, he immediately cut off ties. also, the reporting shows from multiple outlets that there were other members of congress, party unknown, that works also infiltrated by the chinese. so to just sort of paint this as a swalwell situation i think is a bit blind. to do that right now, we just don't know who else who has been breached. who else was infiltrated, and i think it's really important to take party out of it and think about country and how we protect our members of congress. >> harris: i think that's a great idea, cell has broad and the like at this. she was reportedly romantically involved with some other politicians. richard brings up a good point. maybe this isn't big enough. maybe we need a bigger investigation. >> it is certainly an issue that we should be following wherever it leads. as we discussed, the fbi has talked about the many, many espionage investigations that they have right now related to china. richard, you have also raised a great point in terms of how the fbi treated this. we see the double standard that congressman jordan has talked about as well. when swalwell had this issue, how this relationship with the alleged spy, he gets essentially a friendly briefing from the f fbi. donald trump, when they have this theory of collusion without evidence behind it, is never told. his campaign becomes the subject of an fbi case. one of his associates is subject to intelligence surveillance. obviously, judges were misled and granting the warrants for that. it is very start. the difference between the fbi treats swalwell in a friendly way and donald trump in a hostile way. >> harris: you know, richard -- >> i think it's worth pointing out here -- >> harris: i have been talking with experts he is tell me what it takes to be, mark. usually an up and coming guy, like swalwell or perhaps others that fall into that category as well. go ahead. >> i think you are right. in terms of what they are looking for. you can mix apples and oranges. what happened in the trump campaign is very different. there was some evidence. whether that is true or false, the mueller report talks about that. >> harris: the trump campaign -- that's what james is asking about. to make it fair. >> well, we know that once he was president-elect, he was told, but he chose to ignore that. they went to him directly and said that there is a problem with the security advisor. and yet still, donald trump place that is present at the highest level of intelligence. >> this is stunning. i mean, the clients misled in granting these surveillance warrants, but the michael flynn gaze, the fbi people on the ground said that there was nothing there. it was kept alive with this bizarre logan act claim under which no one has been successfully prosecuted in two centuries because it is unconstitutional. the point to that investigation -- >> also went to dinner with -- >> there is instance -- >> harris: i'm going to bring you back. i appreciate you going back and forth. you just said that we need to take a bigger look at this. i think james agrees with that. new questions for president-elect joe biden and his son. business dealings reportedly a bit broader than we thought. a former u.s. attorney will tell us what to expect. what is coming next? plus, early voting kicking off into the gulf critical runoff phrases, which will determine our nation's agenda. it controls the senate, their races, and their results. live on the ground. voting has already started. early voting. there it is. socially distanced. >> we are encouraging everybody to get out and vote. don't wait until january. get out. ♪ how liberty mutual customizes car insurance so you only pay for what you need. isn't that what you just did? service! ♪ stand back, i'm gonna show ya ♪ ♪ how doug and limu roll, ya ♪ ♪ you know you got to live it ♪ ♪ if you wanna wi... [ music stops ] time out! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ >> harris: let's check the headlines developing this hour. a federal law enforcement officer tells fox news tom durham is expanding his case and making excellent progress on his investigation into the origins of the russia probe. all 50 states and washington, d.c., meeting throughout the day to cast their ballots and formally choose joe biden as the next president as president trump continued to fight the election results. biden is expected to address the nation tonight. officially tally the votes and declare a winner. more than a dozen google services, including gmail, youtube, google classroom, briefly went down this morning. much to the dismay of millions working from home. most services were back up and running a little after 8:00 a.m. eastern. democratic senator or a candidate rafael warnock casting his ballot today in georgia. early voting kicked off into critical runoff elections which will determine which party controls the u.s. senate. the republican candidates are campaigning as a firewall to socialism. kelly loeffler says. conservative values are on the line. >> georgians don't want to be taken by hollywood or new york or chuck schumer. we are fighting for conservative values, american values here. trying to make sure we support our police, or military. open up our economy. get back to work. >> harris: jonathan has more now from atlanta. jonathan. >> hi, there, here is. one early voting site where turnout has been studied. study. state farm arena as this massive arena allows voters to socially distanced and vote relatively safely during this pandemic. at another atlanta polling site, rafael warnock showed up with andrew young. >> when you look at him, he looks like he is -- we overcome. god bless you. dr. king would certainly be proud of you. >> expressing optimism about the chances that warnock and jon ossoff well win. republicans have requested 1.2 million absentee ballots. activists say many of the new applications are from younger people and minorities. republicans are trying to reassure trump supporter's disappointed in the outcome of the general election that they are making efforts to ensure the integrity of the runoff, including bringing in an additional 4,000 poll watchers. >> we are trying to report that we segregate all the people who register after the november election and have gotten an absentee ballot. >> what we are doing is making sure that we have more signature verification. we are in the court right now fighting for that. >> and as the electoral college meets today, george is democratic representatives cast their votes for joe biden and kamala harris. back to you. >> harris: thank you. as small businesses fight to survive across america, specifically in new york, governor cuomo is planning a fancy virtual shindig to fill the campaign coffers while facing allegations of sexual harassment from a former aide. today is the first day that there is no longer indoor dining going on in new york. a lot happening. plus, the scope of the hunter about investigation could be getting wider as new emails raise questions about what president-elect biden knew about his son's business dealings and when he knew it. ♪ >> most recently, vice president biden has not been honest with the american public. he had to know about hunter biden's financial foreign entanglements, specifically with china. ♪ veterans can shortcut the refinance process and save $250 a month. $3000 dollars a year. with the va streamline refi at newday, there's no appraisal, no income verification, and no out of pocket costs. one call can save you $3000 a year. xkzmh3px[1k my psorii had enough!s pain? 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>> so, harris, clearly an escalation in terms of the investigation. i don't think this investigation is going to be around for a while. the department of justice tax division, they don't issue 24 additional subpoenas, federal grand jury subpoenas unless the dash unless the investigation is getting bigger, not smaller. >> harris: so when i say a receipt, i'm talking about evidence. they are going to expand out. that is what the indications are at this point. what would you be looking for? you are the expert in doing this kind of thing. what are you digging for? >> harris, on both sides as a prosecutor and defense lawyer, they have issued a criminal grand jury subpoenas. they are not going to administrative. they are not civil. they are trying to make a criminal case. and what are they looking for? they are looking for one of two things. one, evasion. unreported income that is not on the hunter biden's tax returns. by the way, vaccinating that they've got -- that you guys got an email between biden and his attorney. you almost never see that kind of thing. so, hats off to you guys for that. the second crime that i would be looking at, especially if i was investigating or prosecuting would be money laundering. we know burisma -- we know its reputation. and frankly, with respect to everybody involved, i still don't understand how hunter biden on the burisma board and why. i don't think that's ever been explained fully. so, lesson, his lawyers have their work cut out. his, being hunter biden. >> harris: you mentioned what fox news has obtained in terms of email. here's another one from 2017. hunter biden requested that he is being made for his new office mates. we have the list. his father is on that list. joe biden is on that list. his uncle is on that list. for a space that he planned to share with an emissary. also, his chinese business partner is on that list. what do you make of that? >> it doesn't look good. i tell you that. it reinforces sort of my conclusion that the appointment, the attorney general appointment, this next one that's coming up, at least in the announcement in the next week. maybe less, i think that appointment both professionally and because of the department of justice, i think it is the hardest job in the cabinet, but clearly, clearly, this appointment is going to be personal to joe biden. how can it not be when his son is under investigation by the department of justice? >> harris: well, good point. good to see you, guy lewis. thank you very much. one california town openly defying coronavirus rules as backlash grows over the restrictions. coming up, a restaurant owner who says the difference between california's coronavirus response and arizona's is night and day. just a note, he has restaurants in both places. ♪ we're going to find the perfect tree. we're going skating. we're going to nana's. wherever you go this holiday, chevy can help you get there. which is why we're making our chevy... ...employee discount available to everyone. the chevy price you pay... ...is what we pay. not a cent more. so wherever you go, happy holidays from chevy. use the chevy employee discount for everyone to get over six thousand eight hundred dollars below msrp on this equinox. get the chevy employee discount for everyone today. my hands are everything to me. but i was diagnosed with dupuytren's contracture. and it got to the point where things i took for granted got tougher to do. thought surgery was my only option. turns out i was wrong. so when a hand specialist told me about nonsurgical treatments, it was a total game changer. like you, my hands have a lot more to do. learn more at factsonhand.com today. ♪ i got it all from you ♪ i'm always pushing through ♪ i know we'll make it to the finish line ♪ ♪ i know you're waiting on the other side ♪ ♪ i'm like you on-demand glucose monitoring. because they're always on. another life-changing technology from abbott. so you don't wait for life. you live it. ♪ >> harris: a tourist town outside of los angeles is refusing to comply with governor gavin newsom's latest lockdown orders. he is what the city council did. it unanimously passed an emergency motion by the mayor that restaurants can remain open for outdoor dining. remember, the governor shut it all down. indoor, outdoor. no science. he didn't care about that. the move comes after more and more business owners are speaking out about their frustrations with lockdown orders. my next guest owns restaurants in california and arizona, and he says the difference in how he is allowed to operate in one state versus another is night and day. he joins me now, co-owner of social tab eatery with locations in san diego, ventura, california, and scottsdale, arizona. things were being with me. i'm very curious to know how different things are in california and arizona, and what do you .2 there? do you talk politics when you say that there is a difference? >> you know, i will start with arizona. i don't want to say that it is business as usual, but much lower, compared to california. we still have indoor and outdoor dining. just using the normal precautions that have been set out for us. having guests remain seated during their dining experiences. you know, social distancing. operating at a little bit limited capacity, but compared to what we have recently transgressed to you in california where we are going back to takeout and delivery only, you know, it is frustrating that the goalposts in california just keep getting moved, and you know, yeah, it definitely seemed or feels a little political, but i guess there is science there to back up the decisions in california. the frustrations are that it is not. >> harris: you know, people may misunderstand when you say you have the ability to socially dispense. we showed some video just then i one of your establishments. it's huge. you literally can do that. if you keep your numbers low enough, you have the ability to certainly outdoors, do that. what has been the response of your customers? people in the area as they watch you dealing with this in both states? >> well, i think they are as frustrated as we are. the customer is that want to come out, i get every one wants to you -- should make their own decisions on comfort levels of going out. if you don't want to go, you don't feel safe, more power to you, but there's plenty of people out here that want to make decisions for themselves as adults. in the last week, we had to close back down in san diego. so many regulars came by. just to express their frustration. fingers crossed. not only us, but a lot of the restaurants that are facing what we are, that they can make it through this. it's tough. you know. it is frustrating that we have complied with everything that we have needed to to get to where we are, and they are doing the same. you know, it hurts when you have to let people go because you can't do that business you are expecting. the goalposts getting moved on us is frustrating. especially since we have seen a lot of our friends building outdoor areas and then -- >> harris: they spend money doing that. >> then they are told they can't use it. you are kicking them while they are down. it's -- man. it's tough. >> harris: two things. i have talked with business owners like yourself in california that say they are moving out of the stage. you mention how different it is in arizona. some are going to different areas. it is also tough to balance because you know that the covid rates are spiking, so you don't have the science to show that the outdoor isn't safe. you are trying to provide that. you are caught in the middle. i appreciate you talking with us about this. i tried to talk with as many business owners here on "outnumbered overtime" as possible because i know it is a unifying message across the country. we've got to get passes financially too. >> you're breaking up on me a little bit there with our connection. >> harris: all right. thank you, brandt. governor cuomo is planning a virtual fancy fund-raiser while he faces allegations of sexual harassment from a former aide. what she says happened and how he is responding now. ♪ you should come to newday usa first. there's no money down, it's the best vehicle that a person who served in the military or is serving today has today to have a new home. if we can possibly get that veteran in a home we're going to do it at newday usa. why would you rent today when you can buy your own home and participate in the american dream? 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i can't believe that garbage is still coming in. that is so false! frustrated with your online search results? call reputation defender today to join tens of thousands who've improved their online reputation. get your free reputation report card at reputationdefender.com or call 1-877-866-8555. >> harris: a former aide to new york governor andrew cuomo is accusing him of sexual harassment. lindy bowlen who was secretary for economic development tweeted this. governor cuomo sexually harassed me for years. many saw it and watched. i could never anticipate what to expect. would i be grilled on my work, which was very good, or harassed about my looks, or would it be both in the same conversation? this was the way for years. the governor's press secretary, quote, says, there is simply no truth to these claims. and then there's this. the governor is looking to fatten his campaign coffers, holding an online shindig that could cost supporters up to $10,000 to virtually rub shoulders with him and a few of his favorite celebrities. the new york post has gotten an invite, which bills it as a virtual birthday and holiday reception featuring appearances by robert de niro, henry winkler and ben stiller. all of this as the governor bans indoor dining in new york city amid a surge in cases and hospitalizations. back with the power panel now. richard fowler, your reaction? >> yeah, i think it's got to be frustrating for a lot of business owners in new york, restaurant owners especially, to see the party goes on virtually for politicians like governor cuomo. at least he didn't slow up the introduction of the vaccine as he threatened to do. i think it maybe underline, whether it's celebrity appearances or food and drink, that's not really what's being sold at the fund-raiser. >> harris: richard, it has been reported over the weekend that president-elect joe biden is looking at attorney general candidates and andrew cuomo may be on the short list at this point. when you look at what this looks like, when you look at his nursing home decision and how many people died because of his decisions as governor and you look at the sexual harassment charges against him, what do you say about the road ahead for biden's choice? should it include andrew cuomo? >> that's for the president-elect to decide. there's a lot of other very real good pics on there including mayor garland, sally yates, the former deputy attorney general. i think he has a good crop of candidates to choose from. i think we'll have to wait to see what the president-elect -- i got to get used to that. what the president-elect decides to do. >> harris: i want to get your reaction to this fund-raising while his city is hurting. the whole country is. we're losing thousands of people a day. we're coming about with a new weapon in this vaccine, but the fight continues to be mighty until that's disseminated widely enough to make a big difference. you've got a governor who, he wrote a book about how well he handled it. i bring up the nursing situation. i don't like to call it a scandal. it was a deadly decision that he made. >> it was indeed a tough decision the governor made. i think there were so many elected officials that wish hindsight were 20/20 that they could fix wrongs they made at the top of the pandemic. you bring up such a good point. we heard that last segment with your small business owner, harris. there so many businesses hurting. while, yes, today, some americans are getting the vaccine, america has a tough road ahead of it. we know with the death toll high, every day we're having 9/11 over and over again. we've really got to be vigilant and all wear masks. >> you dodged the question about cuomo and his responsibility in all of it. >> not at all. i think every governor should take responsibility for their actions. >> harris: yeah, you did, but i'm going to have you back. thank you for watching. "the daily briefing" starts now. >> dana: fox news alert and moments away we'll speak to one of the first people in the united states to receive a covid-19 vaccine. all part of a land mark day in american history, as the largest vaccination campaign gets under way. hello, everyone. i'm dana perino and this is "the daily briefing." millions of doses of pfizer vaccine are on their way to hospitals and locations in all 50 states and many more will be right behind them. it's one of the biggest mobilizations since world war ii. as the vaccines bring with them hope that we can all soon return to normal. we have team fox c

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