and it's the closest that the investigation has come to the buy ken white house -- biden white house. todd: groups have been working to evacuate americans and allies trapped in afghanistan for over two months now. we check in with one veteran leading the charge to save lives. carley: you're watching "fox & friends first" on this wednesday morning. i'm carley shimkus. todd: i'm todd piro. president biden set to head to the port of baltimore today. carley: this as surging meat prices threaten to butcher holiday plans across the country. griff jenkins joins us live from washington with details on that front. >> reporter: i see what you did there. are you tired of paying more for goods or struggling to find them? the president be will head to the port of t baltimore today to unveil his plan to break the supply chain logjam. >> i know a lot of folks don't feel the progress we're making in the economy. i get it. i know the cost of gas, groceries and rent seem to be harder and harder to handle. that's one of the reasons we had to pass my build back better bill. >> reporter: turkeys may be the new toilet paper crisis. by the end of october, turkeys were over 60% out of stock. cranberry sauce, 20% out of stock, jams and t sweet potatoes, a quarter out of stock and good luck finding refrigerated pies for desert. now may be a good time to become a vegetarian. meat prices are soaring. roast has doubled in price. bacon, filet mignon and skirt steak are all up as the republicans hammer the president for failing to take action. >> what are we actually doing, regulation wise or policy, legislative wise to reduce the pressure we're seeing in the supply chain. we're not doing anything at all the to help alleviate some of these pain points that we're seeing throughout the economy. >> reporter: now, this as a new tax analysis says that the president's build back better bill would hike the average income tax rate to the highest level in the developed world, where you are would of take the cake, new york coming in at the highest at more than 66%. todd: yeah, we win. carley: we should get a 60% raise. is that how it works? todd: no. carley: the white house doing damage control after admitting it was weighing the consequences of shutting down another crucial oil pipeline. todd: this as democrats continue the global push for climate policy at the cop 26 summit. alex hogan live for us in london with that story. hi, alex. >> reporter: good morning, carley and todd. the canadian government is saying the line 5 pipeline is a major priority for the country and just last month it actually invoked a decades-old treaty to begin negotiations again with the u.s. now, this pipeline runs through michigan, transporting the majority of canadian crude exports to the u.s. and while democratic governor gretchen whitmer as well as environmentalists really want this turned off to prevent an oil spill in the great lakes, it's also a lifeline carrying oil and gas that you power millions of businesses and homes across both countries. the white house says it's gathering more information from an impact survey underway by the army corps of engineers. >> we expect that both the u.s. and canada will engage constructively. these negotiations and discussions between the two countries shouldn't be viewed as anything more than that and certainly not an indicator that the u.s. government is considering shutdown,. >> reporter: environmental talks are still taking place in scotland this week at cop 26. climate envoy john kerry taking the stage yesterday, vowing to shift the focus to natural gas and renewable energy. >> by 2030 in the united states, we won't have coal, we will not have coal plants. we're the largest oil and gas producer in the world but we're saying we're going to be carbon-free in the power sector by 2035. >> reporter: nancy pelosi during her trip to scott land commented on the pollution produced by the u.s. military. one reporter yesterday pushing back on of other major contributors. >> speaker pelosi, you just presided over a large increase in the pentagon budget. the pentagon is a larger polluter than 140 countries combined. >> recognizing what you said, we recognize that as well. >> reporter: now, going back to the pipeline, talks will continue on this, likely next week. be president joe biden is expected to host the leaders of both canada and mexico, this would be the first such in-person meeting in about half a decade. carley, todd. todd: all right, alex, thank you very much. everybody, take a look at your calendars if you have them available. what's tomorrow? tomorrow is veterans day. is this the topic we should be raising right before veterans day, how our military uses too much gas? seems like if you're going to invoke the military this week, maybe it should be thanking the brave men and women who have given so much to our country and provided the freedoms, provided nancy pelosi the opportunity to make stupid statements like getting mad at the military for using too much gas. carley: she was asked the question, so she said that -- todd: she could have danced. she danced before. she'll dance again. carley: yeah. i think the interesting part is she recognized the u.s. military is a big contributor to pollution, because of using fossil fuels and she wants to change that over time. it is obviously not the time yet. i remember when vice president kamala harris gave a speech at the naval acadd grade weighs and -- academy graduation and she said something hauser vies how e members should carry he solar c- carry solar panels. todd: she's are literally life and death had situations, our brave men and women are in. they don't have time to plug in an electric vehicle. carley: we'll talk to joey jonas about that coming up. looking forward to that conversation. in the meantime, california governor gavin newsom reemerged yesterday after disyou ap disyo- disappearing from the public eye for nearly two weeks, he blamed a canceled appearance at the cop 26 climate summit on family halloween plans. >> the kids kind of had an intervention. they couldn't believe that i was going to miss halloween. i had no damn choice. i had to cancel that trip. carley: this year, the california governor signed a $15 billion climate package for california, the largest such investment in state history. how dare you sneeze during my read. todd: i apologize. carley: did that contribute to climate change. todd: it did. i think it added gases into the air. we talked about this yesterday, this is the longest conference in the history of conferences. carley: still going on. todd: i'm not going to take away halloween. i think halloween is great. i think you should be with your kids on halloween there. were multiple other days and weeks in which gavin newsom could have made the trip overseas to talk about climate change. if it is that gosh darn important to him and he's willing of to sacrifice so much of his state's finances to a accomplish his climate change goals. carley: i guess you could zoom in too. he was at the big wedding of the oil heiress. todd: while his colleagues were at cop 26, he was reportedly rubbing elbows. carley: i just predicted the future. marianne raff effort is live as he and the -- marianne rafferty is live with details. >> reporter: good morning. once again, top democrats caught violating the rules they expect the rest of us to follow. this time pelosi and san francisco's mayor were caught partying maskless, no social distancing in sight at a lavish wedding in san francisco. governor gavin newsom was wedding too.n attendance at the in a tweet the governor reminding everyone that we're in pandemic, tweeting out covid cases are beginning to rise, winter months mean people indoors and more possibilities for spread. this as the new data shows ultra restricted california now has twice as many covid cases as florida, one of the least restricted states. in the last seven days, california had more than 6300 cases and 63 deaths. that's compared to florida which saw only 1500 cases and two deaths. florida attorney general ashley moody saying the state plans to stick with its hands-off approach and fight the biden administration's vaccine mandates. >> they are using an emergency rule to shove on the american people national healthcare policy when it won't even apply to specific work situations. it's unconscionable. we know biden is frustrated because his approval ratings are at an all time law, that's no reason for him to unlawfully force his will on the american workers. >> reporter: both states have nearly the same vaccination rate at about 60%. carley, todd. carley: marianne rafferty live for us, thank you. todd: joe biden's national security advisor jake sullivan is the foreign policy advisor mentioned in michael sussmann's indictment. sussmann pleaded not guilty for allegedly lying to the fbi special council. sell.>> is there -- special co. >> i'm just now hearing this. i don't have a comment for you at this moment. i don't know anything about what you're mentioning so i have to talk to our team. todd: there is no indication that sullivan is a target of the investigation. carley: journalist john solomon has been covering this russia probe since the beginning and says durham's findings are specially damaging for democrats. >> entire case was built upon lie upon line. den chen co-is lying -- danchenko is lying to steele. it's a ruse from beginning to end. it's taken us almost five years to get to the bottom of this. the biggest losers in the durham investigation beyond those who were indicted are the hillary clinton campaign, they have been exposed for what they did. todd: did you see this? congressman adam schiff, one of the key figures behind the claims of rush had sha collusion, was taken to taken to task over the dossier and the role in the investigation. here he is pressed former state department spokesperson morgan ortagus. >> do you have any reflexes on your role in -- reflections on your role in promoting this to the american people. >> whoever lied to the fbi or christopher steele should be prosecuted. and they are. >> you did this for years by promoting this. >> i completely disagree to your premise. todd: igor danchenko was indicted last week for lying to the fbi into the origins of the russia probe. carley: pfizer asking the fd a a to authorize a third dose of their vaccine to all people 18 years and older as the company's ceo has harsh words for people who he says spread misinformation about vaccines. listen. >> there is a very small part of professionals which they circulation on purpose misinformation. those people are criminals. they're criminals because they literally cost millions of lives. carley: as of now, the fda has only authorized the pfizer booster shot for elderly and at-risk adults. and today, the marine corps is celebrating its 246th birthday. marines across the globe will recognize and acknowledge the service that was established in 1775. todd: this year's message paid tribute to the men and women who joined the service following september 11th. you'll notice you're going to see a lot of us wearing the marine pin today. happy birthday. carley: it's an honor to wear the pin. now the marines will be close to my heart all day long. 246th birthday. they were established in 1775. during a conversation in a philadelphia tavern during the revolutionary war. did you know that. todd: i did not know that. one great thing about this job, you meet so many great marines doing this job. it's one of the greatest honors. carley: one of the cool things about the marine corps birthday, during celebrations they celebrate with cake and the old ofest marine gets the first piece and then the youngest marine gets the second. todd: and they all get cake so it's a big win because everyone is eating cake. carley: happy birthday to the marine corps and we thank you for your service. todd: congressman andy harrison, how do you pronounce that? carley: i think it's brian kilmeade. we have to ask him about the emphasis. plus joe concha, dr. mar marty makary and joey jones, don't go he anywhere. this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. todd: welcome back. president biden traveling to the port of baltimore today, hoping to convince america he can fix the supply chain crisis but many are questioning why he is stopping there while other ports are struggling with serious backlogs. giovanni patterson is here to preview the president's trip. i know you support your city but what do you make of biden choosing baltimore when there are other ports like la that are really struggling right now? >> well, yeah, first off, thanks for having me, todd. and yeah, i do love baltimore. but you know, it's interesting to choose baltimore when, again, there are other struggling ports and he is coming here to tout some of the success that he says he's having when in reality we do have a lot of ships, container ships being docked out below the chesapeake bay bridge that haven't come in. and he's going to tout that some of the new infrastructure that's been given to the marine terminal down there and in reality, again, there's been issues with some of that equipment. there's been security concerns going on. so it's still really not solving the challenge. todd: you just mentioned the victory lap that biden is taking. why does he think it's appropriate to take a victory lap on infrastructure when so many americans are struggling right now when it comes to inflation and gas prices, et cetera. >> a broken clock is right two times a day. there's that one minute that you get to tout a victory. when in reality, again, these things are not being solved. they're not being fixed. and really, the middle class is struggling right now and he's just looking for some shimmer of hope to say he's doing a good job. but in reality, we know what this infrastructure plan, things are only going to get worse. very little bit of it goes to actual infrastructure, very little bit of it goes to solving the challenges, it's a lot of billionaire pockets will be lined. and it doesn't help the middle class which is dying right now in america. todd: so you're not confident that the infrastructure bill will solve all of baltimore's woes are you? >> i'm not confident it will solve any. of course, we need new roads and bridges but, look, these have been items that have been under government control or government responsibility for some time and now they're saying it's a big deal and they're branding this as an infrastructure deal when, again, when less than $100 billion of this plan goes to roads and bridges. it really goes to things like climate change, which is really just trying to -- which is really just a government overtake of a lot of our infrastructure. and that's not what we want the to see. we want to see free market economy, we want to see middle class families being able to raise their family, get good quality education within their community. we don't want to see government overreach, we don't want to see our landscapes change because of these proposed windmills or anything like that. we just want to be hard-working americans, provide for our family and live up of to the american dream, faith, family and a freedom. todd: here's the explanation as to why the white house chose baltimore, quote, the biden administration recognizes that the port of baltimore is the largest source of good paying blue collar jobs in the state, $17 billion for america's ports, that's an unprecedented investment. your reaction, giovanni. >> yeah, it's good, we want to see that. however, baltimore city is struggling. maryland is struggling right now. but i think he really chose baltimore of because it's close to d.c., he doesn't have to travel too far, and we have a mayor here, coincidentally named brandon, thats is the only one that supports him. but, you know, he's not really getting that much support. he wants to show that he has a lot of support, even when he came here a couple weeks ago for the town hall there was really very little support for joe biden here. todd: i am curious if there will be chants one way or another on this, check back in with us whether that happens. before we let you go, do you think biden is going to you address the baltimore crime problem while he's there? >> of course not. but i do find something interesting, because when they had the town hall here a couple of nights we were standing outside and people know baltimore has some challenges with crime and when that town hall was over, the funniest thing i've seen before, you saw people literally running to their cars to get back to the parking garage as they exited the center stage theater. so he's not going to address the crime. even the mayor in baltimore city is not trying to address the crime. it's just a problem that's being swept under the rug and completely ignored. todd: that is a sad state of affairsfairs when people have tn to their cars just to remain alive. i hope the only time you're laughing today, giovanni, is with the potential chants. we appreciate your time. thank you, sir. >> thanks for having me. carley: it's 23 minutes after the hour. virginia parents made their voices had heard in last week's election but there's still some unfinished business in louden county. >> i told you this wasn't about an election and we're still here. as of 3:30 today, we are now in court. carley: we will take you inside their fight to oust the school board chair. and last month we introduced you to a straight a student whos was taken away in handcuffs for refusing to wear a mask in school. this morning, she is back with an update to her story. your insurance marketplace healthmarkets dog barks you're right bunker, the medicare enrollment deadline is almost here. if you're on medicare and you want to explore your options, the deadline to enroll is december 7th. so, you should act now. where do i find the right medicare plan? at healthmarkets, they search many of the nation's most recognized carriers so they can help you find the right plan, at the right price that's the right fit for you. how long does it take? you could find a medicare plan in just minutes. my current plan only covers 80% of my costs. well, healthmarkets may find plans that cover the rest ... let you keep your doctor with benefits like zero dollar copays, zero dollar deductibles and zero dollar monthly premiums. they'll even search plans with prescription drug coverage, vision, dental 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louden county, virginia, not giving up the fight against radical school policies after stunning republican victories last week. those parents filing a petition to recall most of the school board there, citing repeated violations of free speech rights and even covering up sexual you assaults. >> this board is overseeing the worst example of education leadership in the history of this country. that is not hyperbole. >> i told you this wasn't about an election. and we're still here. as of 3:30 today, we are now in court. thank you. todd: parents line up one after the other to condemn the school board in person and thank the community for their overwhelming support. and cincinnati public schools canceling remote and in-person classes on friday due to a teacher shortage. the school sending a letter to parents saying a larger than normal number of staff requested leave on friday. the school district blames fatigue among staff and students but is offering the long weekend as a solution. schools were already scheduled to be closed tomorrow for veterans day. carley: a wyoming teen arrested for he refusing to wear a mask in school taking a stand and suing the state's governor and public health officials. joining me now, grace smith, a junior at laramie high school and her father, andrew smith. good morning to you both. >> good morning. >> good morning, carley. carley: grace, for those who may have missed your initial interview with us, remind everybody what happened to you on october 7th when you decided to go to school without a mask on. >> i was arrested and i was taken to the city jail where my dad picked me up for not wearing a mask. carley: for not wearing a mask. there are images of you in handcuffs and you say you're a straight a student and that must have been a pretty traumatizing experience for you. >> a little bit, yeah. we knew this was coming because they had threatened it and then had gone back on their words so i had time to emotionally prepare myself. but i was in that -- it was definitely -- we didn't fully, fully expect it. carley: andrew, tell us about this lawsuit you that filed against six local school districts, the governor of wyoming and public health officials. that's a lot of people. what are you trying to accomplish? >> yeah, you know, carley, this is a federal lawsuit and it is actually involving several plaintiffs from across the state right now. there's 20 plaintiffs and more are coming forward every day with their experiences and their stories and joining our lawsuit against the governor as well as these public health officials. also mentioned in our lawsuit are several of the school boards and individuals in the school boards across the state and the purpose of this fight is to restore the power to the people. the claim is solely based on the rights of our healthcare access granted to us by the wyoming constitution and the rights of the parents and each and every student. so we're hopeful that with so many people coming forward with their stories and a lot of these different counties that we'll see some progress. carley: and andrew, your lawsuit hinges on article 1, section 38 of the wyoming constitution. i'm going to read a portion of that. it says each competent adult shall have the right to make his or her own healthcare decisions, the parent, guardian or legal representative of any other natural person shall have the right to make such healthcare decisionses for that person. so with that in mind, what is your goal? is it no more mandates whatsoever? >> you know, i think that grace can answer that question. part of the no mandates whatsoever is absolutely would be our ultimate goal but just restoring any rights to the parents, religious exemptions, healthcare choice exemptions, those are not being allowed in the school district. and so i think any of that would be a tremendous outcome for us. carley: go ahead, grace. >> i think the goal is also to create awareness for a lot of parents and students to know that they do have rights because obviously the school board and authority figures have not made that evident and they've taken them away. i think it's important for us for people to be educated more than anything. carley: the governor of your state, he hasn't implemented a mask mandate in schools right now. so have you heard from him or any of the school districts that you're suing? >> no, we have not since we've filed the lawsuit. the governor has stated that he would not make a state-wide mandate and that he would leave the decisions to local authorities as it pertains to those decisions and so that's where we're at. it's created conflict across the state with many different school districts and so it's been pretty wild to hear all the stories that have come at us recently. carley: you're 16 years old of. most 16-year-olds they want to follow the crowd and do the same thing as their friends. why did you feel so driven to take this stand? >> well, honestly, i've never really loved following the crowd. and it was really, really weird to me that everybody was so okay with following along with something that was so wrong and i just started to notice how terrible the authority figures in my life were being in school and i didn't feel like that was okay and it's been super, super encouraging to see how many kids i've actually brought along with me. as soon as people have seen my story i've gotten e-mails or things on our donation sites and letters of kids saying how much they look up to me and how much they want to follow in my foot steps which is amazing. carley: there you have it, grace and andrew smith suing so let us know any developments on the lawsuit front and we appreciate you joining us this morning. >> thank you. >> thanks. carley: you bet. todd. todd: every time we talk to her, i'm more and more amazed, she is so calm under pressure. it has been two months since the u.s. withdrawal but americans and allies are still trapped in afghanistan. patriots like our next guests are working around the clock to get them out. alex pl he esus, the leader of digital dunkirk joins us. plus, matthew mcconaughey shares his thoughts on vaccine mandates for kids and democrats probably won't like what he has to say. ♪ every day, coventry helps people get cash for their life insurance policies they no longer need. i'm an anesthesiologist and a pain physician by specialty. i was trying to figure out what i could do with this term life insurance policy. i'm sorta stuck because i can't just go out and buy more insurance, because of my diagnosis. i called coventry direct and everything clicked. there actually were a lot more options that i thought there ever would be. coventry helped michael like we've helped thousands of people sell all or part of their life insurance policies for cash. even a term policy. there probably are a lot of people that are in a similar situation who don't know they have an option. i would definitely recommend talking to coventry about it. coventry made it very easy. i just couldn't have asked for a better experience. don't cancel or let your policy lapse without finding out what it's worth. visit coventrydirect.com to find out if your policy qualifies. or call the number on your screen. carley: welcome back. a manhunt us underway for two suspects after they opened fire in broad daylight in staten island, new york. footage shows the men firing at each other and ducking behind parked cars. stray bullets spraying across the street and sidewalks. luckily, no one was hurt there but police are asking for help in identifying one of the suspects. nypd is offering a reward of up to $3,500 for information. san francisco taxpayers saying enough is enough, issuing a recall election for the city's attorney. they gathered 83,000 signatures amid exploding crime rates in the city with homicides rising 7% and blatant robberies happening across the city as the prosecution of theft under $950 dropped. missouri's attorney general, eric schmitt, is calling out the biden administration for violating the constitution as he seeks to make them finish building the border wall. the republican telling fox news, quote, this is his crisis but he's not going to l follow the law, we're going to go to court and make sure he follows the law. the president doesn't have and the agency doesn't have unilateral authority to refuse to spend money appropriated by congress due to policy objections. missouri is teaming up with texas to get a preliminary injunction to force the biden administration to begin spending the $3.8 billion appropriated by congress to the wall. todd. todd: carley, the department of homeland security streamlining the process for afghan evidence accoueys reset link in the u.s. as dozens of americans are still stranded in afghanistan. here to react, alex blesus, the leader of digital dunkirk. alex, great to have you here as always. here is the plan by dhs. exempt filing fees, streamline the process of request for work authorization, green cards and associated services and an opportunity to apply for afghan special immigrant status, lawful, permanent residence and you asylum. that's all well and good, alex but that won't solve the problem of stranded americans, will it? >> no, unfortunately it won't. it will certainly help a lot of the afghans who have come over. the fees are expensive and it makes things difficult for them. the state department is working hard to get the remaining folks out. i speak with them on a regular basis. there's really pressure on two sides of the system. in order to get more folks out, we have to be able to reset he'll more in the -- resettle more in the united states. on the ground, we need to get more people out before winter hits. the snow season usually lasts for about three months, starting the first week of december and so we need to increase our operations there. and so we need more folks moved basically to lilly pads where the u.s. military base is a transit point between afghanistan and the united states. so working to try to expedite that but it's a race against the clock for the weather. todd: do you expect the latter point that you made, the moving of the individuals to u.s. military bases will happen? >> yes, i believe it's already ongoing. it's a question of making sure we get more folks there and doing it quicker. so we'll continue to do so. it's been quite an interesting couple of months, i'll tell you that. long 20-hour days but they've been rewarding. todd: thank you for what you're doing on that as well as your service to our country prior to that. let's take a look at numbers. several dozens service members are in afghanistan. 100 plus extended family members. why weren't they priority number one when we started all this? >> i think in terms of prioritization, there's a couple things that are factors at play here. everybody has to have the right travel documents in order to travel, they have to notify the state department that they were in the country, they had to have gotten to the airport before august 31st. a lot of individual cases out there, there are mitigating circumstances for almost all of them. as soon as they're raised they're brought to the state department and they're trying to get these things worked out rather quickly. the cases you mentioned and others are actively being worked on. it wasn't necessarily a matter of prioritization, just kind of how things popped up in the time sequencing of things, documentation and that. so it does make it more difficult. august 31st, it was a massive air lift. now it's like normal air travel, where's your documents, where are you going, do you have permission, so it's a little more stringent and for security reasons we want to make sure everybody is completely vetted that's coming into the country. todd: it does seem like a time consuming process that you have laid out. but we've been talking about this for months now. there's no shock that winter is on the horizon. why is it taking this long? >> limited number of flights that are leaving right now and so there's a lot of work going on to increase that. but at the moment, there's just a huge backlog. when we left on august 31st, you mentioned it's been about two months of, we got 124,000 people out, 65,000 or so of those were taken by the united states. the other half were taken by the allies. and since that time, the state department's been as massing information about who is still there as well as most of the private veteran groups that are working. so number of folks that are still there, the tens of thousands, we have a commitment to get out of afghanistan. so it's quite a healthy pipeline. todd: i don't know if we can ever thank the folks like you who are doing this amazing work. it is selfless. it is amazing. and it is beautiful to watch. we certainly wish you the best of luck. alex, as always, thank you, sir. >> you too, instead of saying thanks tomorrow on veterans day, we ask if you do something nice for one of your neighbors or of something in need, that would mean a lot more. todd: carley, over to you. carley: great suggestion there. still ahead, they put their lives on the line to fight for our freedom. yet dozens of navy seals say they're facing retaliation for seeking vaccine exemptions, we're talking to an attorney and fellow service member who is fighting on their behalf. and aaron rodgers is facing vaccine backlash of his own. how the nfl star just responded to his critics, coming up. ♪ this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. todd: at least 30 people have come forward with injuries they sustained at the astro world music festival. many are raising concerns about how overwhelmed security and medics were. the family of one of those killed that night speak out. >> we lost our brother. we're grieving for all the families that lost a loved one. everyone who was associated with this should be held accountable. todd: a potential crowd surge was not mentioned in emergency plans made by event organizers. tmz is reporting travis scott was seen partying with drake after the show. he reportedly left after learning of the deaths. scott and concert organizers are facing dozens of lawsuits from those in in attendance. aaron rodgers standing by his stance on the covid vaccine. listen. >> i'm excited about feeling better. i'm excited about moving forward and hopefully getting back with my team. hate is not going to bring us out of this pandemic. i stand by what i said and the reasons why i made the decision. todd: rodgers did apologize for misleading fans about his vaccination status. the nf fined -- nfl fined the team $300,000. matthew mcconaughey says he wants to learn more about the vaccines before getting his kids vaccinated. >> i want to find out more information. todd: the actor and his wife are vaccinated but mcconaughey says he wants to hold off a little longer before his kids get the vaccine since it was just approved for children. carley. carley: navy seals fight for our freedom but now they're facing intimidation tactics from the pentagon. dozens of soldiers looking for an exemption from the vaccine mandate are now taking legal action. joining me now, first liberty institute general counsel and lieutenant colonel u.s. marine corps reserve, michael berry. good morning, michael. >> good morning, carley. carley: your organization is representing about 35 navy seals in their lawsuit against the department of defense because these seals have filed for a religious exemption from the vaccine but they say that they're now facing intimidation tactics. so tell us what's going on here. >> that's exactly right. these navy seals are some of the most elite warriors our country has. you would want them to be on the front lines fighting for our freedom but instead they are fighting for their careers, their futures and their families. what the navy is doing to them is outrageous. they're punishing them, forcing them to choose between their faith and serving their country which is something you connect to see in china or north korea or something like that but not here in the united states. at first liberty institute we filed a lawsuit on their behalf suing the biden administration and department of defense to try to allow them to get their freedom back and we're asking people to support the navy seals by signing the petition of support to show how much what they do for us really means to this country. carley: what is the navy actually doing to seals who don't want to get vaccinated? >> well, they're attacking them in a number of ways. as i mentioned, they're attacking their faith by asking them to choose between their faith and serving the country, they're going after their families, family members were told they're not allowed to travel. if you're stationed on the west coast but you're originally from the east coast, they've been told that they can't travel even for unofficial reasons. and that includes he dependents, so spouses and children who are not subbed to dod authority -- subject to dod authority are told they can't travel. they'll go after financeses, the navy will go after them for recoupment of training money spent for turning them into navy seals. it can cost up to $2 million per navy seal to train them. the navy is going to go after them for that? the list goes on and on. carley: you say even if a navy seal does get a religious exemption, their role on that elite tier as being a seal may be in jeopardy? >> yes. so the navy seals have been given formal counseling warnings that they've been required to sign and in this counseling warning it says if you request a religious accommodation, you are going to be declared medically disqualified from being in the special operations forces and forfeit special operations pay and you can be kicked out of the special operations community. even if they ask for a religious exemption from the vaccine, they could get kicked out of the navy seals. carley: that doesn't seem like much of an exemption. a statement was released, saying mandatory vaccinations is an order that maximizes our effectiveness to be worldwide he deployable. service members are entitled to seek religious exemptions and those requests will be considered in keeping with current navy policy. i think some people would say because these are navy seals they do have to stay as safe as possible, make sure they're not sick and don't get others sick as well. what's your response to that. >> the navy seals are the olympic athletes of the military. if anybody has an interest in keeping themselves healthy and ready to fight, it's the individual seals. and just as that navy spokesperson said, they already allow for other types of exemptions including religious exemptions, all we want is for them to follow the law. the constitution, federal law requires them to do that and the navy is refusing to follow the law. carley: michael berry, thank you for joining us this morning. >> thanks for having me. carley: and happy a birthday to the marine corps. todd: we've spoken to children's who are fired or placed on leave for refusing the vaccine mandate. we have one story coming up. carley: andy harris, joe concha and joey jones are all on deck. ♪ dog barks you're right bunker, the medicare enrollment deadline is almost here. if you're on medicare and you want to explore your options, the deadline to enroll is december 7th. so, you should act now. were do i find the right medicare plan? at healthmarkets, they search 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