nation can start to get back to normal. watch. >> if everything falls into the right place and we get this under control it's conceivable that you might be able to pull back a bit on some of the public health measures as we get into the late fall of this year. but there is no guarantee of that. >> late fall, maybe, as revelers hit the streets after the super bowl in tampa, laura was just talking about this, some not wearing masks or distancing at all. florida republican governor ron desantis slammed for going maskless. he said he was sipping a beer in the stands. how are you going to drink a beer with a mask on. the authorities, however, are going after you. check it out. >> those people will be identified and the tampa bay police department will handle it. >> meanwhile the 20 days into the biden administration it's on defense over its record on jobs. as "the new york post" puts it the white house press secretary mocking fox news reporter peter ducey when he asked about job losses on the keystone pipeline and democrats are split tonight as progressives rage over the vote on covid relief payments to people who are in the u.s. illegally. politico says in an effort to restrict stimulus checks to undocumented immigrants is lowering a hole in the unity of the biden era. they want to give stimulus checks to the children of illegal immigrants. hello and welcome. i'm shannon coming to you from washington. good evening, kevin. >> good evening, shannon. jobs and the economy. that's job one for any new white house but when you get criticism from both your political allies and opponents it's usually a recipe for trouble and that's especially true for the biden administration, where many big promises have yet to materialize. >> from inauguration day at the capitol to the white house briefing room today. >> well, the president ran on unifying the country. >> the message has been consistent. we're all in this together and bipartisanship is both laudable and necessary for good governance. which coincidentally may mean reconciliation to get the stimulus deal completed but from covid relief to raising the minimum wage to the keystone xl pipeline, unity in washington under the biden administration has been hard to come by. even on the left, as democrats and the white house struggle to bridge the cap between ideology and fiscal reality. vermont senator bernie sanders noting the push by some in his party to reduce the number of people elsen for direct stimulus payments, took to twitter calling the idea unbelievable. working class people who got checks from trump would not get them from biden? brilliant. alexandria ocasio-cortez, outrageous. this as the congressional budget office released its report today suggesting that raising the minimum wage to $15 per hour by 2025 would balloon the deficit by $54 billion by 2031 and would put 1.4 million americans out of work. adding young less educated people would account for a disproportionate share. biden already facing scrutiny from unions over cancelling the keystone pipeline. >> i wish he hadn't done that on the first day because the labor international was right. it did and will cost us jobs in the process. >> these people need money now. when do they get their green jobs? >> building infrastructure, boosting the economy, creates good paying jobs here in america. >> still no timeline offered by the white house on those jobs. by the way, report also said today that the number of americans in poverty would be reduced by 900,000 if the minimum wage went up to $15 per hour and if not enacted 17 million workers in this country would still have wages below that threshold. that's about 10% of the work force so a lot of people needing better jobs, better paying jobs but it could come at a fairly high price for business. >> shannon? >> shannon: yes, there is always that very delicate balance. thank you. updates tonight on a couple of biden administration appointees. the former stanford law professor who cracked a joke about former president trump naming his youngest son baron during a 2019 house impeachment inquiry will serve as the principal deputy assistant attorney general in the justice department's civil division and president biden's pick for asia policy director at the national security council announces he plans to recuse himself from issues that could pose conflicts of interest with his previous job consulting for businesses doing business in asia. in a matter of hours the second impeachment trial of former president trump gets under way as the two sides do not even agree about whether the trial itself is legitimate, but they did reach an agreement today on the rules of the trial. chief congressional correspondent mike emmanuel has this preview. >> all parties have agreed to a structure that will ensure a fair and honest senate impeachment trial of the former president. each side will have ample time to make their arguments. >> the second impeachment trial is expected to begin with debate over whether it's even constitutional and then a simple majority vote. then 16 hours for house managers to make their case. 16 hours for the president's defense. >> i'm pleased that we were able to reach an agreement on a fair process, and estimated timeline. >> the trump legal team writing in a brief submitted today, the trial is going to be political theater blaming nancy pelosi. "the speaker of the house and her allies have tried to callously harness the chaos of the moment for their own political gain." >> what's the approach of the former president's legal team in mounting his defense? >> what we're seeing from the democrats is cancel culture on a constitutional level. >> the brief concludes that the house will establish a trial that he -- this is an open and shut case. >> republicans note prominent democrats have used harsh rhetoric, too, such as california congresswoman maxine waters urging supporters in 2018 to confront trump cabinet members. >> tell them they are not welcome. i didn't say go and fight. i didn't say anybody was going to have any violence. >> the wild card is witnesses. if the impeachment managers want to call witnesses or subpoena documents and the senate supports it, that could stretch this trial out for a long time. >> shannon? >> shannon: yes, it could. we'll talk to one of the jurors mike lee coming up. with the biden administration going back to the catch and release policy, local officials are taking matters into their own hands. now, very worried that migrants are being released into the u.s. without ever being screened for covid. trace gallagher is on the case for us tonight. good evening, trace. >> border authorities say catch and release, the obama policy that allowed illegal immigrants with children to be caught, processed and quickly paroled into the u.s., is back in full swing and officials in texas were reportedly so concerned about how many illegal immigrants were being released they sent 10,000 covid tests so migrants could be tested. those who test positive are quarantined and then released into the u.s. but texas state senator says other texas cities are releasing migrants who have not been tested, adding, quoting, obviously that's very alarming to all of us in that they are coming from central america and through mexico to be released into the united states without being tested for covid, is really unconscionable. catch and release was revoked under president trump but the biden administration's policies are being implemented at such a rapid pace that local officials say they haven't had time to prepare and then there is the laundry list of new guidelines being given to immigration and customs enforcement that will limit deportation including for those who commit crimes. for example, the guidelines would encourage noncitizens to apply for benefits without fear of deportation and ice being told not to deport those convicted of such things like drunk driving and assault. it also weakens the ability to arrest wanton immigrants about to be released from jails. former customs and border protecting acting director says migrants are being incentivized to come to the u.s. even for things like the covid vaccine. watch him. >> you have somebody in mexico waiting for a vaccine, they will go, i'll just illegally enter and get in line in front of everybody, including every american citizen. while businesses are still not open, schools are not open, it's absolutely ridiculous. >> in other words, he's saying migrants are coming into the country without being tested and students can't come back to school even though the cd ce director says vaccinating teachers is not a prerequisite for opening schools. yet for now the president apparently siding with teachers unions. >> shannon? >> shannon: that showdown is heating up. chicago schools could be one step closer to reopening in person as the leader of the teacher's union there has agreed to send the tentative agreement reached with the city to the full membership for a vote without making a specific recommendation. as parents grow increasingly angry across the country, senior correspondent mike tobin updates us where reopening plans stand in communities across the u.s. >> at long last chicago's mayor announce as breakthrough that could mean public school students start phasing back to in person study this week. i am confident, confident, that the measures that we have and will put in place will make our schools even safer than they railroad will. >> a vote to ratify that framework could come as early as tuesday but the deal says no member of the ct will be required to return to the classroom without an opportunity to be vaccinated. it also creates thresholds to shut down in person learning if the virus surges. in philadelphia 2,000 educators didn't show up for in person instruction monday at the urging of the president of the teacher's federation. >> because they refused to risk their lives in order to sit in school buildings that are unsafe. >> san francisco also announced a tentative deal that hit a snag when the city attorney said the agreement was progress but not enough. and he'll file a motion to an existing lawsuit compelling the school district to meet state requirements for reopening. >> the director of the cdc who said a safe return to class does not require a vaccine says transmission happens outside an environment where safety protocols are followed like schools. >> there is very transmission that's happening within the schools, especially when masking and distancing is occurring. >> across the nation three of the largest 10 school districts are still closed. the three that are open are in florida. the other large districts from new york to houston are partially open. in new york, the mayor announced that middle schools will be reopening late this month for about 62,000 students. their teachers prioritized for vaccinations. >> when we talk about the state coming back strong so much of it depends on our public schools and our public schools have done amazing work throughout this crisis. >> the phased-in return of chicago students could start this week with a return of special education and pre-k kids. then kindergarten through eighth will be phased in, in march. no timeline for the return of high school students. shannon, back to you. >> shannon: thanks, mike. so even in progressive san francisco, frustrated families are hitting the streets over school reopenings demanding answers. so let's discuss with the author of a new novel, and admiral and texas congressman ronnie jackson. great to have both of you with us tonight. >> thanks, shannon. >> thanks. >> cdc says it will release official guidance on opening schools. biden says he'll comply. he also notes congressman -- i'm not sure which title to go with, the cdc has had guidelines. it's not like they have been silent on this for the last several months but we'll get another round this week. where do you think the president goes in trying to navigate between the teacher's union an whatever he gets from the cdc? >> i hope he starts listening to the cdc and science. you're right, shannon. we've had that guidance for a while. he had that during the trump administration and the cdc director just recently put out the sail information as well as his chief medical adviser dr. fauci. it's shameful right now but president biden is being manipulated by the teacher's union. they own the president to some extent. the relationship between the democrats and the teacher's union is pretty incestuous and it's all about the money. it will get recycled right back to the democrats including president biden so they are really in control here and they are letting him know they are in control. i just think it's shameful that they are demanding that they get vaccinated before they go back to school. we still have elderly people, people with preexisting conditions, and first responders that haven't been vaccinated yet. they are a priority. the teachers are not a priority for vaccination. it's not required for them to get back to school. even the cdc director said so. shannon: on the topic of vaccinations, this is something you get into, you're very active on social media and tonight we're hearing that facebook will do some more editing when it comes to what people can find out about vaccinations. "new york times" says plans to remove posts with false vaccine claims so we have questions about who will decide what that means. facebook said it consulted with the world health organization and other leading health institutes to determine a list of false or misleading claims around covid and vaccines in general. alex, do you think that's a good plan? >> alex: i think in general big tech has behaved really badly for the last several months in terms of free speech. they have censored free speech more and more aggressively. there is a bunch of stuff you can say about vaccines that are clearly untrue. you can say you're being injected with computer chips that will control your brain or, you know, this is an effort to de populate the planet. that stuff is stupid. i wouldn't ban it but it's stupid. but there is a whole bunch of stuff, you know, that's basically scientifically open to debate at this point including how well the vaccines actually work in the real world, and including whether or not the claim that 95% efficacy is anywhere near accurate. if facebook is going to prevent me or twitter is going to prevent me from pointing to government data and scientific papers i think that's wrong. i'm not saying i know they are going to do that but there has been considerable squelching of free speech in public debate in the last year around masks and around lockdowns, and they shouldn't do that about vaccines. >> shannon: yes. there are a lot of things that even scientists and doctors don't agree upon and that's why we have the debate and it's necessary to have an open and transparent debate. congresswoman, i want to talk about this because you wear so many hats and because you're based in texas, we covered in that last report about the concerns that they have down near the board. one of these comes from a texas state senator, who is a democrat, and is very worried that people are being allowed across the border processed and set pre-into -- free into the u.s. he said that it's very alarming that they are being released into the united states without being tested for covid, really unconscionable. it doesn't seem to line up with a lot of other restrictions that we're observing here in the u.s. >> it's absolutely right, shannon. there is a double standard here, look, what fits into the president's social agenda that's being driven by the far left and what doesn't. you're right. his open border policy, that he's pushing out right now, now we have to worry about not only about drugs and gang members and rapists and murderers and all this other stuff coming across our border, we have to worry about this infectious disease. they are not testing anybody currently in the united states that they are releasing and they are encouraging thousands and thousands of people to come to our border in large groups that are going to certainly -- some of them will have covid and be released into you're -- our communities as well. this is no good for our country. i think it's very hypocritical and it's being driven by the agenda of the far left unfortunately. >> shannon: we know there are a lot of people coming here simply seeking a better life but when you have people from both parties worried about them being screened so they can be here safely in the u.s. that's a question that has to be answered. great to have you both. thank you. >> thanks for having me. >> thank you, shannon. >> shannon: congresswoman ocasio-cortez standing by her tweets, saying that senator cruz attempted to kill her. she says she'll not apologize. how does that fit into the president's unity message? 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>> i think it's going to go down a little bit like the vote the week before last. there will probably be between 45 and 50 senators, unfortunately, they are all likely to be republican. although we would love to have democrats join us. concluding that, look, while the constitution has some ambiguity in this area, it's not crystal clear one way or the other we have an opportunity to interpret this. we have an opportunity to embrace one reading of it that would lead to endless impeachments in the future. imagine the next red wave election bringing about a big wave of impeachments off of former officials. or another reading in which it could be narrow and constrained which would say, look, it's much more appropriately used with respect to those who are in office at the time of impeachment and at the time of the impeachment trial. i think that's what we'll see tomorrow and you'll see 45, maybe as many as 50, saying that that's the reading we have to embrace. >> shannon: before we go the end of that says the gop keeps, you know, alienating people by its ongoing q-anon. is that something that you see the media is actively trying to do to the party. do you think the party is doing a good enough job to keep away from the conspiracy theories and to distant itself from them. >> this becomes really -- conspiracy about a conspiracy about another conspiracy. and the media seems to be obsessed with this issue. if q-anon has suddenly taken control of the republican party and its messaging that's news to me and this is news that's just floating around in this eternal echo chamber of the mainstream left leaning media but again, i repeat myself. >> shannon: senator mike lee, juror, starting tomorrow, thank you, sir. >> thank you. >> shannon: when it comes to jobs, covid and now football, florida is winning. that's next. you work hard for your money. stretched days for it. juggled life for it. took charge for it. so care for it. look after it. invest with the expertise of j.p. morgan, either with an advisor or online, through chase. after all, it's yours. chase. make more of what's yours. start your day with crest 3d white and from mochaccinos to merlot, your smile will always be brilliant. crest 3d white brilliance. 100% stain removal, 24 hour stain resistance to lock in your whitest smile. crest. the #1 toothpaste brand in america. when they told me my work wasn't essential walls enclosed around me with the words “you can't do this” tattooed to its surface. an unshakable feeling. pressure that swelled beyond my capable strength. how do i break through...alone? 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clay? >> shannon, maybe i missed it, but did you see dan rather and everybody at the "new york times" complaining when there was a massive celebration at the white house when joe biden was announced at the next president of the united states, when everybody in new york city went crazy, in chicago, all the big cities of america as everybody was celebrating, i must have missed all this condemnation of people celebrating. what happened, shannon, unfortunately, we saw this when notre dame won a big game against clemson and the kids stormed the field, people criticize what they don't like when people celebrate. there are a lot of people who don't like football. there are a lot of people who don't like sports. celebrating joe biden's election permissible, not a super spreader event, celebrating the tampa bay buccaneers, the end of the football season, safely completed, that's deadly and nobody can do it. it's the hype of absurdity and it deserves all of our ridicule for the hypocrisy. >> shannon: who are these people you talk about who don't like football? i do not know these people. okay. on to other folks who don't like trump supporters, this l.a. times column by a woman who wrote about, she says what can you do about the trump bites next door? the trump bites next door just plowed our driveway without being asked and did a great job. but she wasn't happy about i. she says hezonja also give away things for free. she also invokes nazis and other hateful people in this piece, talking about this neighbor who came unbidden and did this good deed for her. there are so many reactions to this i'm thinking regardless of your politics neighbors who take care of each other seems like a plus. >> not only that, can you imagine being the neighbor who plowed your neighbor's yard for no reason? and then you read about how awful you were that you were a nazi sympathizer basically because you did so. look, this is an example of what happens when you live in a cloister universe and you don't interact with anybody else. 74.2 million people voted for donald trump. that's a lot. almost half the country. the vast majority of those people, shannon, as you well know, are great human beings just like the vast majority of those who voted for joe biden. people get along in the real world. this is a great example of that. this idiot who wrote this article deserves to be ridiculed and condemned for all of that, and i hope the neighbor doesn't do the plowing of the front yard any time soon when a big snowfall happens. i would have to think twice a little bit about it. >> shannon: maybe they could have a face-to-face conversation. my husband -- our neighbor showed up with a quiche to say thank you. i don't know about her politics but i thought it was really nice. this "washington post" op ed said buccaneers -- they had this long article about how bad pirates are, says while the celebration seems like it's fun in a local culture there is danger in romanticizing ruthless cut throats who created a casis in word trade and she talks about all the horrible things that the pirates did and some of it is truly terrible. shouldn't the bucs be renamed and the cannons go? >> when she finds out, oh, this is trouble. oh, of course not. look, this is the problem with changing mascot names. eventually you get to the point of absurdity which we're well past right now. are you going the change the notre dame fighting irish because some irish people are angry about that? what about the vikings up in minnesota? how about the raiders down in las vegas now? the logo of the raiders is problematic. all of this is insane. are we going to have to cancel pirates of the caribbean. is johnny depp done as a big time box office star? the "post" has lost its mind. congrats to the buc. don't change a darn thing about your name. let's keep going. >> shannon: listen, all i know is they better not touch the pirates of the caribbean ride at disneyworld. >> they have already changed it, shannon. >> shannon: i don't want the watered down version. >> i know, it's ridiculous. >> shannon: clay travis, great to see you, thank you so much. >> thank you. >> shannon: another major supreme court decision tonight on in person church services. it's breaking. that's next. these are real people, not actors, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent. if your financial situation has changed, we may be able to help. >> shannon: breaking tonight, the supreme court has granted temporary relief to another group of california churches. allowing them to conduct indoor worship services with some limits. justices ruled last friday that california could not impose sweeping bans, total bans, on indoor worship but could cap attendance at 25% while still forbidding singing and chanting. that's where we start tonight's lightning round. liberty founder and "wall street journal" board member. great to have you both. >> thanks, shannon. happy to be here. >> let's talk to you because this is a win for you at the supreme court today, with more news on the california church front. >> yes. we're actually -- the friday case as well as today's case from the supreme court, on our first covid lawsuit at the center for american liberty, back in april, finally vacated the district court's ruling today and sent it back down and asked the court, ninth circuit, to court the district court to apply friday's ruling on the bans in california. so that was a partial victory and we're hoping to eventually get the right to sing and chant and do all the things that you can do in our churches. we're grateful for the interim victory and look forward to keeping up the fight. >> bill what about this, because a number of the justices have been very vocal saying, you know, i think about justice alito, the speech he gave saying, the casinos can let people in but you can't sing in the choir in your church. for a lot of people that doesn't seem constitutionally sound? >> right. it's not sound. the one quibble i would have is it's a victory but their victory was for the constitution. it's great that they helped to win this case. it seems to me, i'm not a lawyer, not a constitutional expert but it comes down to, there is no healthcare exception to the constitution and while you can put limits on organizations in a health emergency you can't single out churches and religious gatherings for discriminatory treatment. that's what's been happening in california. you can't go to church but you can go to wal-mart, a crow, a hollywood film. it's just absurd. it's good that the supreme court called them on it. i'm hoping that they expand this. i would have done what clarence thomas said he would do and give the churches their full relief. >> it remind me of the rulings just before thanksgiving, out of the groups of new york, the catholic diocese and the jewish groups there who said people can go to package stores, liquor stores and pet stores but they can't go to church in the same way so the same arguments are spread across the country. i want to take you to this controversy about cory bush. there was a riot this weekend at a prison. we understand, at least one officer was injured. there were fires. there was destruction. she tweeted this. a riot is the language of the unheard and credited that to dr. martin luther king jr. she said i want to talk to my constituents in the window. their lives and their rights must be protected. my team and i are working to ensure that the urgent needs of people who are incars rated are not ignored. encouraging prison riots leading the blm mobs in st. louis sounds like encouraging violence. #houseofhypocrites. >> absolutely. congresswoman cory bush is one of the therapy session, group therapy session members who has been complaining like ocasio-cortez that it was a near death experience for them when protestors raised up their voices around the united states capitol. now, you can condemn them but you should be equally critical of people who, by the way, are convicted criminals, violating those additional restrictions there in a prison, and so the hypocrisy is there but it seems like irony is dead with these folks. they don't seem to get what was said earlier this week or last week, should equally apply to what most recently happened close to home. >> shannon: phil? >> yes, i agree. there are some people who wouldn't have any standards if they didn't have double standards. this is an example of some riots are more equal than others, right? some rioters are good and some rioters are bad. that's second-degree not the conservative take. i don't know of any conservative who is against prosecuting to the full extent anyone who committed any violence on january 6 at the capitol. i don't have any problem with lock them up, giving them the full measure of the law but then to allow this to say, okay, it's open season on correctional officers or something, it's just crazy. it's made people cynical. >> shannon: it does. it's just like when you say you can't go anywhere and then you go to a restaurant in a closed setting and get caught. i want to go to our last story, out of san francisco, a member of the board of education said back in an october meeting, only recently posted, alison collins, the vice president of the san francisco board of education saying, when we talk about merit based on standardized testifying, those are racist systems. they are talking about getting admission to special schools, magnet schools or for high achieving students so that they can further their education. merit-cracy is racist. >> this member of the board of education said this in the context of san francisco just changing 44 names including abraham lincoln school that it found too racist. look what they mean is that the racial outcomes in the schools are not what they would like to dictate, and in particular, they are embarrassed by the achievement of asian americans. at one of two schools where they use merit and grade point average for admissions. asian americans are disproportionately representative and there are fewer african-americans than they would like but no one ever looks at the entire san francisco public school system. there is a new report out, i think the bright beam foundation, called the shame of our progressive cities, with regard to educational attainment. black students are doing very poorly but instead of going after the schools that don't work for minority kids they go after the schools that do work for kids. >> shannon: we'll leave it there because i know her med is dying to get this in. thank you both. >> thanks, shannon. >> thank you. >> shannon: a left wing mob targets the democratic mayor of sacramento over the weekend. what is that about? 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>> alex in new york. thank you, alex. >> finally tonight, the family has announced that a -- that this man has passed away, the make-a-wish founder. he helped more than 500,000 kids. we wanted to salute his work and remember just how many other lives he brightened. good night from wash washings i'm shannon bream. 3 out of 4 people achieved 90% clearer skin at 4 months after just 2 doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches or coughs, or if you plan to or recently received a vaccine. ♪ nothing is everything ♪ woman: now is the time to ask your dermatologist about skyrizi. dinner with the drakes...tonight. alexa, ask buick to start my encore gx. ♪ ♪ four filets. you know this dinner's for their... kids. thanks for watching them. where's the pizza? the buick encore gx. current eligible non-gm owners get nearly $4,300 purchase allowance on 2020 buick encore gx models. 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