Transcripts For FOXNEWS America Reports With John Roberts S

minute, but we begin with gary. >> good afternoon to you. prosecutors are hashing out what instructions the judge will give the jury before monday's closing arguments, those instructions will tell the jury what they need to consider for each of the charges and today as you mention, prosecutors are asking for lesser included offenses on some of the counts which would give jurors the option of finding kyle rittenhouse guilty of a lesser charge even if they don't believe prosecutors proved all of the elements needed for the primary charge, one example today prosecutors asked for the jury to be able to consider a second-degree reckless homicide charge for the shooting of joseph's rosenbaum with the the judge denied. >> they are going to say it was self-defense or they are not. >> we are talking about the defendant's mind in this regard. >> no, we are talking about how obvious was the danger, and i'm still struggling with, what is the basis upon which the jury could acquit of the greater and convicted of the lesser. >> i believe the defendant's testimony gives a reasonable jury the basis to find a second degree. don't. so i will not give that instruction. >> here are the five felony charges he is facing, homicide, first-degree reckless homicide, attempted homicide, two counts of recklessly endangering safety and a misdemeanor for possession of a dangerous weapon by a person. last night kyle's mom told sean hannity how hard it was seeing her son break down on the stand during his testimony this week. >> when i saw him break down, i felt horrible, i felt sad, i wanted to run up there and just hug him and tell him it's okay, it's all right, you know, like a mom, they want to be there for their child, and i cannot run up there and comfort my son. >> with that verdict on the horizon, city officials are already preparing for any potential unrest to come, kenosha sheriff says his department is working with local, state, and federal law enforcement to ensure the safety of the city. anita. >> anita: garrett tenney live in kenosha on top of all of it for us, thank you. >> john: let's bring in law professor, constitutional law attorney and fox news professor, what do you make of the prosecutor here at the last minute when we are considering instructions to the jury to say, okay, or maybe not first degree, may be second-degree, some lesser charges here, is that an indication that the prosecutor thinks that the cases falling apart? >> well, i think they can't avoid but to think that their cases falling apart, it's falling apart around them, it began falling apart when they called their first witness, so that is rather abundantly obvious, one of the criticisms that some of us made about this case was that there was a rush to issue these charges within a few days of the incident, usually you have a period of investigation where you can really see where the strongest evidence may lead you in terms of the charge, i think that this case was overcharged. it is the same problem we saw the trave on martin where there was this great public pressure to charge and they ended up going for first degree counts, that can have a real distorted effect on the jury if they don't believe that it rises to that level, it can have that gravitational pull towards the defense, it loses credibility in terms of your narrative as a prosecutor. and i think that now they are trying to sort of correct that. they are trying to say, well, we can argue those lesser offenses in the judge shut them down, that's a big issue for them, they also focused hard in these instructions, in this instruction hearing on that misdemeanor charge, which may be the thing that they hope they will get at a minimum, but the judge said something very interesting, he said that he conant really understand the meaning of the wisconsin statute as it applies to this 17-year-old, was 17 at the time in the shooting, and he said i don't see how ordinary people would understand who can possess this weapon and who cannot, that was a pretty remarkable statement from the judge. >> john: it would make it very difficult to convict somebody on that. they are still a pending motion for a mistrial with prejudice that was brought by the defense on thursday, the judge has a number of times admonished the prosecutor thomas finger who was straight out-of-bounds, let's remind you of what the judge said to him on a couple of occasions, let's listen. >> does real america's voice have any sort of political bias or agenda or anything like that? it goes to the bias of the witness, your honor. >> the bias in what respect? >> this is not a political trial. >> i was astonished when you began your examination by commenting on the defendants postarrest silence, that's basic law, it's been basic law in this country for 40 years, 50 years, i have no idea why he would do something like that! >> john: the judge went after them there, on the right to remain silent after your arrested, what do you think the judge will do you because he has been waiting for a break from the prosecution? >> the judge is correct, the law is very clear, there are some exceptions about commenting on silence before an arrest before someone is given a miranda, but that's not what happen here, the judge is right, this was way outside the navigational beacons, and some judges would dismiss the case, i'm not too sure the defense wants the case dismissed unless it is with prejudice and can't be brought back. because they are really far ahead on this trial and i'm not too sure they want to do this again, right now they are looking at a range of possibilities that in most likelihood is somewhere between a hung jury and acquittal, so i don't think they necessarily want the case thrown out if they are going to have to retry it. >> john: let me get back to the idea at the top which is introducing a lesser charges for the jury to consider, how unusual is it for the prosecution to throw a hail mary like this in the closing moments of the game? and what impact does that have on the jury? >> i've seen this and other cases, usually a jury is allowed to consider lesser charges, the problem is how this case was framed by the prosecutors, they came almost immediately after the incident with this indictment, they charged it and framed it as this intentional first-degree murder on the part of rittenhouse, now that resonated with many people who are critical and still are, but it also frames a case in a way that i think the prosecutors now regret, the evidence is quite strong in terms of self-defense, that's one of the reasons you see the prosecutors hitting this obstruction for a provocation. the viewers have to understand is that the most critical thing in a trial after the evidence itself is the instructions given by the judge. before the jury goes and deliberates. jurors are really quite conscientious. people have to understand that a jury trial, most of the members focus very closely on what the judge says and they want the judge to say that rittenhouse may have provoked this which is a key decision in favor of the prosecution. >> john: closing arguments coming up on monday, jonathan, so we will tap back into your expertise after the weekend, thanks for joining us, we really appreciate it. and of course coming up an interview with kyle rittenhouse's mother, and we will carry that for you on "america reports." it's been one that will be interesting, the back and forth between the judge in the prosecutor is really something, john, i've covered a lot of big cases for fox, michael jackson, robert blake, scott peterson, but i've never seen anything like that. >> john: he does not give this guy any latitude at all to stray outside the bounds of what he thinks is established law in a courtroom procedure. >> anita: that is for sure. president biden set to meet with his cabinet later today and inflation is expected to come up, but critics say it was his own policies that fueled the crisis and with the rate now at a 30-year high, the trend could pose a threat to the democrats agenda ahead of the midterm. hillary vaughn is live on capitol hill with much more on this. hi, hillary. >> hi, anita, a fox news poll last month found 87% of registered voters were either very or extremely worried about inflation and since then only got worse. republicans are making inflation in the top voting issue headed into 2022 targeting democrats that are up for reelection in the midterms, but some democrats are not talking about inflation at all, and some warned that that is the wrong gameplay for the party. an op-ed in "the washington post" warning this, when democrats tell voters they should stop whining about inflation, they do themselves no favors either. they must head into the midterms with a clear-eyed view of the economy as it is, not as they wish it to be. while the buy and an administration has evolved from brushing up inflation as just temporary, now they are saying the way to make it go away is pass the build back better bill trillions in new government spending for social programs and climate priorities. >> it's not economic science, because democrats listen to economists, but it's backed by common sense, i have no idea -- doubt he will get the bill back better and it will help with inflation. >> that conservative group, the coalition to protect america workers had the ad by targeting house democrats in their district that they think are on the fence about backing trillions into government spending trying to flip them against it. another conservative group, the common sense leadership fund is targeting for codemocratic senators up for reelection next november, the campaign for democrats in congress, the dccc telling me in a statement the emco structure and social spending bill are packages that economists agree are anti-inflationary investments in america's future, the vast majority of republicans opposed both. but while inflation is on top of mind for voters, it has not been mentioned by some democrats up for reelection one time on their twitter accounts. there was a scrub of senator warnock, kelly, and half men twitter pages and we cannot find one tweet that mention the word "inflation" and any other accounts. >> anita: it is definitely top of mine for voters, you are right about that. larry vann, live on capitol hill. >> john: and i need justin, the convection rally has conceded in the governor's race, making an announcement at a news conference just moments ago, that continuing now, gave democratic incumbent governor phil murphy a much tougher run than expected, pulling and upset in that traditionally blue state. which may be a harbinger for the future. remember 2022, we will see. >> anita: pulling back the curtain on the targeting of concern parents, newly released email showing the white house coordinated with the national school board association. though my current on what it means for attorney general merrick garland. >> john: a brazen attack in the heart of midtown manhattan, more on new york city's surge in crime coming up next. ♪ ♪ speak of the city is not going to be a city of riots, it's not going to be a sitting of burning, it's going to be a city where we are going to be safe. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us bogeys on your six, limu. they need customizedw. car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ >> anita: another week of violence in new york city. disturbing video shows a group of seven men attacking a 62-year-old man with what appeared to be a wooden object before stabbing and slashing him on a manhattan sidewalk earlier thursday. an nypd releasing images of the subject in a rape of a woman and central park, she was approached from behind jogging yesterday morning, they see this man a level three sex offender who was just released on parole assaulted a woman on a running path on randall's island, it all comes as a leader of the black lives matter new york chapter written to unleash violent protests and riots if the city mayor elect eric adams brings back nypd undercover anti-crime units that were as disbanded last year. >> john: it really is remarkable what was going on in new york city. i was there earlier this week and i did not see anything while i was there, but it's all people are talking about is how the tenor of crime in the city has changed. some people are saying it was worse than it was in the 70s and 80s when it was notorious. >> anita: it was so good for such a long time. it was a safe city. >> john: the safest big city in america. there is an interview with the blm leader coming up in just a little while on "america reports." stunning revelation, newly released email show the national school board association board and ate it with house and the department of justice before it sent a letter comparing concern parents to domestic terrorists. now questions about attorney general merrick garland's testimony under oath before congress last night. fox team coverage, bill mcgurn standing by with analysis, but first griff jenkins live in washington as you can bet he has emails. >> these newly released communications reveal a timeline showing the and sda meeting with the right house as early as september 14th, weeks before seg that letter to the president on september 29 comparing parents to domestic terrorists then five days later the doj take swift action. now in this memo obtained by fox news dated october 12th, the board's president tells members "to the and sda has been actively engaged with the white house department of justice, department of homeland security, department of education, surgeon general, and other federal agencies on pandemic related issues." she continues saying in response to the letter sent by and sda on october 4th 2021, the attorney general announced in a memorandum widely shared throughout the u.s. department of justice that he was ordering all u.s. attorney offices and local fbi office is to reach out to local and state law enforcement officials to coordinate efforts on this problem within 30 days of the memorandum. but under oath, garland says he did not rely on the nst a letter and he did ninth and he white house coronation. >> the national school board association sent it to the white house and the white house promptly called you and said sick the fbi on parents. >> i did not beak with anyone from the white house while i worked on this memorandum, this memorandum reflects my views we need to protect public officials from violence and threats of violence. >> it will be interesting to see what jen psaki has to say add it at today's white house briefing. >> john: she is back from her covid quarantine, we will watch that for everybody at home, thank you. >> anita: for more on this, let's bring a fox news contributor bill mcgurn, a "wall street journal" columnist and former speechwriter for president bush. good to have you here to weigh in on this. new revelations now of a letter from the and sda to the white house before the attorney general's memo came out. let's look at the timeline that shows on september 29th, the nsba sent a letter to the white house warning about parents showing up to the school board meetings and asking tough questions in a few days later on october 4th, likening parents to domestic terrorists, but in the report to their were communications as far back as september 14th. so does this show coordination with the white house, and was merrick garland dishonest on the stand? >> it clearly shows coordination, and the association just sent a letter, and it has been orchestrated, i don't know how much they knew, but it has been orchestrated. and providing more evidence, as the testimony, it was admitting to resend the memo, the department of justice which he did. anyone watching in those testifying before the house-senate, no evidence for why they put the fbi on these people and cannot even named a federal offense. i am old-fashioned, the fbi is investigating, and want to be a federal crime. it's a test, but he is never going to admit it because that would be admitting the weaponization of the justice department. >> it's a hearing for anyone to catch at, but gone over so well with the number of states, we will go over the map that receives the number of states, so far 11 that of cut ties with the nsba. we are still digesting the election results in virginia and the school board on rest, what happens to the relevance of this organization? the national school board association? >> that is their own problem, they issued and abject policy disavowing language in their and amending it was too extreme, never should have been in there in the first place. i believe the two people who signed the letter sent to it without even consulting their own board. you know, it is interesting, one of the things that it's gotten so little attention is that one of the cosigners of that letter by all of garcia, disappointed by the biden administration into an advisory board with the education department. and i think that to the national assessment the student progress, so i don't think there's a problem here. >> how much longer does merrick garland stand behind the memo to investigate parents who have been asked to disavow the letter but has not done that? >> he will stand by it forever because he can't afford to admit what he did when everyone cuc did and i think anybody watching this show just thank god for mitch mcconnell. kept the guy who is that willing to do this when he knew better off of the supreme court. >> phil mcgurn, thank you for your insights today appeared to have a great rest of your friday. >> john: the john durham investigation into the russia origin probe that brought a new indictment and drop bombshell details on what lies ahead. coming up. spin on what changes made to president biden's massive spending bill, a nonpartisan safe tank says it would break the president's promise not to raise taxes on the middle class. charlie gasparino joins us on this coming up next. ♪ ♪ >> we are in a misery index out there now. everyone is getting hurt. ♪ ♪ veteran homeowners, if you're ever going to use your va home loan benefit to get cash, now is the time. because interest rates are near record lows and home values are at record highs. the newday 100 va cash out loan lets you borrow 100% of your home's values and you can take out $ 50,000 or more. pay down high rate credit cards, improve your home, or just give your family the security of having cash in 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it hits them and they are looking at that, because there is a corporate tax increase, they are looking at this analysis, and here is the one tax that they did not talk about which is more than just a couple of hundred dollars a year, it's called inflation and if you and a booming economy which we have, vaccines, treatments coming, those that are stimulants for the economy in the world, people that are coming back whether the left likes it or not, the pandemic is in an endemic stage, we are not going to be locked down forever, they are going to start spending like crazy and that's going to lead obviously to inflation. you see it being priced into the market and we already have it, that is a massive tax increase on the working and middle-class then none of these left-wing groups are talking about because it would just obliterate their notion that we have to spend more. obviously brookings institute leaves that part out. this is playing with fire i would say. >> john: what we talk about with a tax increase is just the appetizer, because a policy center also found that for people making between $500,001,000,000 a year the provision and the reconciliation bill to raise the cap on state and local tax deductions would mean that those people would get a tax cut of $6,000 a year, so despite president biden saying that this is not going to cut taxes on wealthy individuals, in effect does. >> yeah, and the other thing that blows a hole into is this notion that this is paid for, he uses the word that it does not cost anything, but let's leave that aside, the whole notion that democrats are trying to sell in the public is that it is paid for, and if you are taking it away or reinstalling the state and local tax deduction, i don't know how you make it work at these levels. again, the democrats and joe biden has his analysis, republicans have their analysis, the truth is probably somewhere in the middle, but it does not take a rocket scientist or a phd economist to figure this out to that there is a hole in their mouth here, especially if you add back in the deduction. the other thing we should point out on inflation i can't keep harping on this is that none other than larry summers one of president obama's top economic is saying that the administration is playing with fire, so this is a real thing and that's a huge tax increase. >> john: i want to make sure, because jen psaki has started her briefing after her return from covid, we will jump to that in just a minute, but the president's nominee to be troll or of the currency solomont amaral though wants to kill the fossil fuel industry. to listen to what she said in these comments that were caught on camera. >> thinking about this primarily a lot of the smaller players in the state are going to probably thank us in short order, and we want them to if we want to tackle climate change, right? >> john: she said the quiet part out loud, for climate change we have to see the smaller industries are smaller players in the hole, oil, and gas in the streets go bankrupt. because she said a lot of crazy things, i think what congress has to figure out, she is an immigrant from russia, kazakhstan, i believe in a lot of people came from the old soviet union and they come to the u.s. and they become capitalists, because they see how bad the old system wants, congress with the confirmation hearings is this, pin her down, she went to moscow university on a lennon scholarship, is she still a communist? that's what we need to understand is if we are appointing to one of the top banking regulators is now an all-out communist, they need to ask her, because it is unclear if she shed her ideology from those old bases, a lot of people come from russia and come here and they love america, they hate the old soviet system of economics, but i don't know if she does, i think she still is in love with it. >> john: we will find out all 50 republicans are supposed to vote against her and three democrats including kyrsten sinema and joe manchin, all because she also said this about getting rid of the oil and gas industry the way that we basically get through the financiers is we starve them of their sources of capital. so it's not just getting the market place to weeded out. it's actively participating in their demise. >> that's what the old stalinist dated to the kulaks if you go back in history, they start out private industry to advance collectivism, i'm not saying she's looking to starve people, but if there is something going on in her brain cells that hearkens back to a stalinist lenin, it's the ideology. >> john: she will get quite a ride in her confirmation hearing coming up next. good to see you, have a good weekend. >> you too, my friend. >> anita: white house press secretary jen psaki holding a briefing after a brief absence and recovery from covid, let's listen in. >> secretary psaki: . have your coffee and spinach, whatever you like for breakfast, on monday evening the president will meet virtually with president xi jinping of the republic of china, the two leaders will look at ways to manage competition between the united states and the prc as well as ways to work together where interest online. on tuesday and wednesday, the president will continue traveling across the country to highlight how his bipartisan infrastructure deal delivers for the american people. on tuesday he will visit the new hampshire 175 bridge over the -- river and woodstock, new hampshire which has been on the states red list of bridges in poor condition since 2013. there he will discuss how the infrastructure deal will repair the roads and bridges while strengthening resilience to climate change. on wednesday he will travel to detroit to visit gm factory euro electric assembly plant. he will highlight his infrastructure plan and build electric vehicle charging stations across the country making it easier to drive than electric vehicles and also investing in a huge clean energy industry that will put many people back to work. in both michigan and new hampshire, he will underscore the bipartisan deal while creating good union jobs. on thursday the president will host prime minister justin trudeau of canada and prime minister open door of mexico for the first north american leaders summit since 2016, he will participate bilateral meetings with each leader ahead of the summit that day as well. last but certainly not least, on friday he will pardon the national thanksgiving turkey, continuing the transition in a ceremony in the rose garden. this is the 74th anniversary of the thanksgiving turkey presentation. it's alternate, we all know there is an alternate, two turkey lives are saved which are raised in indiana. with that, go ahead. >> reporter: welcome back, on the covid subject, can you talk about how frequently the president is tested right now and also when does he plan to undergo his annual physical? >> secretary psaki: he will be doing his physical soon, as soon as he does that, we will provide that information transparently to all of you. he is regularly tested under the guidance of his doctor, we do provide that information regularly to all of you. i'm happy to check the last time he was tested and provide that after the briefing as well. >> is there any reaction to the sentencing of the venture in mr and any interaction from the white house to try to understand? >> i will say that obviously we are always concerned about the intention of individuals around the world, journalists, dissidents, people who are speaking freely and speaking on behalf of the media as well, in terms of direct action it would be under the purview of the state department. i would point you to them for any updates on the status or engagement that they have with the officials they are. >> then lastly, the resolution on the u.s. bases host in 2023, to confirm that russia is the obstacle to the health data on the topic of russia and the lexical days, on the u.s. government's potential rushing engagement of what is built up over there, have you reached out to the engagement now between the commonwealth? >> sure, let me start with your first question, aipac hosting requires the consensus of all 21 economies, we think the vast majority of members for their strong support so far, one economy, i'm not going to confirm which economy that is, but it's still undergoing consultations and has not yet joined the consensus, and our hope is certainly that we move past this impasse that is resolved and that we can continue the positive momentum on economic cooperation through aipac. and then in terms of your second question, say one more time i apologize. >> the troops build outs, and concern on the u.s. government, mass potential engagement whether there is any white house in the last couple of days >> in recent weeks and certainly days we have had extensive interactions with the european allies and partners including with ukraine, but about our concern about these reports and during these meetings we have a course been discussing our concern about the russian military activities and their harsh rhetoric towards ukraine. we have also held discussions with russian officials about ukraine and russian relations generally as we have made clear in the past and we have made clear directly to them as well, escalatory or regressive actions by russia would be great concern to the united states. we call for an immediate cease-fire, and condemn russian aggression in all forms, and european conversations are about shared concern about the reports of this build up rhetoric. go ahead. >> reporter: hey, welcome back, thank you so much. i wanted to ask you about the meeting coming up. are you expecting anything to come out of it, or is this really about reestablishing a better basis for dialogue? >> secretary psaki: i think why you are asking me the question, let me just go back briefly as to what our strategy has been to date, this meeting is coming after ten months of president biden taking action so we can outcompete china in the long term, and that means investing in ourselves at home to strengthen our own competitive hand and it means working with our partners and allies to make sure that we have a coordinated approach. as it relates to engagement with china. we of course believe in intense competition and we believe and understand the intense competition is part of that relationship, we also believe that it requires intense diplomacy, so this is a reflection of that and if you go back to the president's phone on september 9th where this was discussed and obviously there was follow-up engagements, one of the discussions was about to the importance of that leader to leader engagement. not because we are seeking and we are not specific deliverables or outcomes, more because this is about setting the terms in our view of an effective competition where we are in a position to defend our values which certainly will be part of the presidents conversation and those of our allies and partners and also discuss areas where we can work together. so i would see this, andrea, as more of a continuation of that intensive diplomacy given that we believe intense competition requires that, and i will not see this as the expectation that this is intended to have major deliverables or outcomes. >> reporter: there were reports that they would ask the president to attend the olympics in february, what kind of signal would it send if he were to l attend the olympics given the concerns raised about china's actions towards increased pressure and flights they are in that region, without be problematic situation for the president? >> i understand why, we are getting a few steps of where we are, for all of your planning purposes and don't want to ruin your sundays, but there will be a preview call of the summit on sunday that all of you will be invited to, so in terms of the olympics or any invitation, i don't have anything for you on that. >> just a quick one on the economy and inflation, so one in four americans answered a survey explaining some kind of loss of income as a result of higher prices, the president has expressed concern about this, and i know that you are looking into different press lines to address it, but how urgent is it and is there any sort of specific concern that this is going to affect not just political outcomes, but the overall outcomes? >> first let me say that a lot of talk about inflation, i'm not saying from you, but in general has been a political fudge old, and it shouldn't be, it's impacting as you said millions of americans no matter their political party and that certainly of concern to the president. i would note that everyone from the federal reserve to wall street agrees with our assessment and inflation is already expected to be substantially decelerated next year. i know you're not talking about that, but that's an important component here and economists across the board also agreed that the president's economic agenda, the bipartisan info structure bill that he will sign on monday in the build back better bill we are working to move forward will not add to inflationary pressure and will ease inflationary pressure over the long-term. when we move past the economic jargon, which really is what you are asking me and talk about the real impact on people's lives we are really talking about cost to people, and he talked about this on wednesday, cost of child care, cost of housing, cost of gas, cost of household goods, that's how people are experiencing this on a day-to-day basis and that is of course of concern to the president, our view is that the real risk is an action, the reason that i wanted to do this today, one i love slides and graphics on my first day back. but it's because if we don't act on build back better, what we are doing is we won't be able to cut child care costs in 2020, we know that that is a huge impact on people's daily lives in american families. we won't be able to make preschool free for many families starting in 22 saving families $86 million, we won't be able to get ahead of skyrocketing costs, that's part of the bill too, a major investment in building new housing affordable housing units so that people can move into them and live in them and addressed the impending housing crisis and we won't be able to save americans thousands of dollars by negotiating prescription drug prices. so our view is this makes a strong case, this is a strong case for moving forward with the agenda, because what we are really talking about is cost to american families and how it is impacting them and that's something that if we don't act now, we won't be able to address these things in the short term either. >> think so much, jen, welcome back, the president with the fda commissioner, we have seen them joking to come out, and also starting the significant ties to the pharmaceutical industry, is a white house confident that dr. caleb can get conformed as the commissioner? >> secretary psaki: we are coming in the president chose him come in a statement, let me reiterate because he is one of the most experienced clinical trial is in the country, has the expertise to leave the food and drug administration during a critical time in the fight to put an end to the coronavirus pandemic. i would also note how we see this or how the president sees this nomination is a continuation of what he views as excellent work under the leadership of acting fda commissioner dr. janet woodcock's who has the agency through a challenging time because of what is happening in the world and of course fighting the pandemic. i would note that four, five years ago, he was confirmed by 89-4, one of those four is the individual you mentioned and every senator can vote for or against members, people who are nominated, that is their role, but we feel he is a qualified exact experience for this moment. >> looking at the signing ceremony on monday? >> we will see, congress, governors, mayors, playing a role helping move the infrastructure bill forward, as we get close we will provide you a list of intended use. >> are there any that will not be at the planning ceremony? >> secretary psaki: i think he spoke to this publicly, the president looks forward to looking together to get this done for the american people. >> the last thing on the president on monday, will the president hold a press conference afterwards like he did following the meeting with president putin? and does he bring up the covid-19 origins with president xi, because they have been blocking it. >> secretary psaki: the president will not hold back on the call on sunday where they will and later after the call, -- >> any time next week? >> secretary psaki: at leading with -- >> i will come back to you. >> reporter: you just said the inflation is an action so far this week we have not seen any action on the administration in gas prices, and europe said sooner than later, on wednesday that it was a top priority, so is it going to tap the file fuel, the requirements and the other reports? you have not decided on any of this, what is the message to americans heading into thanksgiving where everybody is striving to get to their family and friends, do you think that term prices are acceptable? >> secretary psaki: we certainly don't think that, thing americans that are not just closely and directly monitoring the situation which has of course been doing, but looking at every tool in our arsenal and he mentioned some of them, i don't have anything to preview today, but the president is focused on this, and we have taken a range of action, continuing with the fcc to crack down on legal pricing, looking abroad like opec on increasing supply. and we are looking at a range of options at our disposal, but nothing here to preview. >> this considering the infrastructure to oversee the program, would that be somebody that comes in from outside the white house or part of the administration or would we expect transportation secretary or something like that to hold the position? >> secretary psaki: he does intend to name a infrastructure coordinator and someone who can oversee the implementation of the bill. i don't have anything to preview yet on that personnel announcement. i assume that we will have something soon and you can expect someone outside the administration. >> reporter: last one, senator manchin was critical of inflation this week, obviously there is a look at whether it will impact to the build back better issue, and i'm wondering if you have received any assurances, but also this plays into the award of the fed having at some point a crackdown where he wishes he would crackdown the criticism at the white house assessment especially the presidents evaluating this position. >> secretary psaki: i will not get into critiquing the federal reserve, there are decisions given it and they make independent decisions. i would note that and let senator manchin of course speak for himself and his support to order his concerns may have. you know, what we are focused on is getting this bill passed through the house next week and we have every intention of working with leadership to get exactly done and we will remain at a senior staff level at this point engage closely with senator manchin answering any questions he has. i will note that the vast majority of outside economists agree that this is not a bill that will add to inflationary pressure, in fact over the longer term it will ease inflationary pressure and i would note just a couple of people who at times have not always been positive about our proposals, former secretary phil summers said to build back better, i don't think this is an inflation problem, he said if you are in congress, he would vote for it, the analyst mark sandy, i don't think that will be inflationary. i think that it would go a long term economic growth by improving connectivity that is infrastructure, roads, bridges, broadband, that will make us more productive. and the productivity and growth, looking at the pressure, but the 17 winners of the nobel prize and economic road that because this agenda invests in the long term economic capacity and the more americans to participate it will use longer-term inflationary pressure. i would also note and then i will keep cooking around here, but one of the reasons they don't have concerns is that they said it many obvious interviews that i was just pulling out components of its because that that is fully paid for and the reason it is fully paid for us because we are asking corporations, the wealthiest americans to pay more in taxes. that is something, you don't need to be a sleuth here to understand why some republicans are speaking out against this package. is it because they are opposed to lowering child care costs? is it because they are opposed to making sure that preschool is available for families? is it because they are opposed to lowering health care costs? no, they don't want to raise taxes on corporations, we all know that, people asked those questions. >> reporter: can i ask you about covid very quickly and welcome back, by the way. the colorado governor signing an executive order making everyone 18 and older are eligible for a booster shot which is guidance from the fda and the cdc, which says that to the booster shot should only go to those who are at high risk or seniors, which is the white house make of that decision move? >> secretary psaki: we here in the federal government are guided by science and the public health officials who are constantly reviewing the data to make their own independent evidence-based decisions, as you noted this isn't currently the guidance that is being projected by our health and medical experts, because they are looking at in understanding the data. so we would certainly continue to advise leaders across the country to abide by public health guidelines coming from the federal government. >> reporter: if i can just to detail your own experience, do you have any lingering symptoms, have you had anything that stuck with you? >> secretary psaki: i do not fortunately, as i noted earlier, i experienced a little bit of fatigue in the first couple of days, but none that prevented me from participating in meetings here and engaging with the president and a team on the road, and certainly probably calling members of my team so many times they were tired of hearing from you. >> reporter: as it relates to the white house, is it safe to hold holiday parties and while the white house do so this year? >> secretary psaki: it will look a little bit different, peter, i don't have anything outline at this point in time, but certainly we expect to celebrate the holiday season, and we will have more details i expect in the coming weeks from that. >> reporter: that means there will be holiday parties and they will look different, but you will not detail how. >> secretary psaki: we will have more to convey to what it looks like, but we do not have those details at this moment. >> reporter: across the country we have seen the new phenomenon, the supporting events, the phrase is "let's go brandon" a code attacking president biden, what does the president make of that? >> secretary psaki: i don't think he spends much time focused on it or thinking about it. >> reporter: he said he was going to help get rid of the uncivil war in this country. it so i guess through that lens right now does the president think that there are things he could do differently or how does he react to the stuff he sees when it is one of his primary promises or desires to bring americans through? >> secretary psaki: it takes two to engage more of a civil discord, and the president will operate as you said from the promise he made early on which is that he wants to govern for all americans and is going to deliver for all americans as is influenced by the infrastructure bill he will sign on monday. that's going to help expand wideband to everyone, no matter your political party or whether you voted for him or not, that will replace lead pipes to make sure kids have clean drinking water, whether you're a republican or democrat, not political at all, that's how he will govern and we are hopeful we will have partners move towards civil discourse in the future. >> thanks, jen, welcome back. democrats are calling for the president to release barrels from the strategic petroleum reserve to bring down cost and that would be sort of an immediate action to mitigate these high-priced gases instead of waiting for the money to be implemented to address a lot of the issues or the build back better to be passed. why has the president not yet done that? does he plan to do that soon? >> secretary psaki: i don't have anything to preview for you, i will just reiterate what i conveyed earlier which is that the cost of gas is on the mind of the president as it is on the mind of many americans across the country. and there are several steps we have taken including pushing the ftc to look at the price gouging, something we have seen and have concerns as an issue over the past few months as the availability and supply of oil has gone up and prices have not come down, pushing opec to have more supplies, and there are a range of other domestic options, but i don't have anything to preview. >> can i get your response to this report from the tax policy center in the bill back better plan, most millionaires would get a tax cut had two-thirds of a million dollars on action mostly because of the 30-40% of middle-class households granted a small amount between $10,230 depending on income level, how does the white house bring that reconciliation plan and a tax cut to the middle class paid for by the rich when this analysis is showing the opposite? >> secretary psaki: it doesn't come in to give a little bit more context of what the report showed, and show that the average family with children making 75,000 to $100,000 a year will get a tax cut of about $2230 and also show the average taxpayer with income above $1 million per year, we will see the income taxes go up by $60,000, 75% of the tax cuts go to families making less than $200,000 a year with 50 million families making less than $200,000 a year getting a tax cut. part of your second part of this is that any tax corporations many of whom are making record profits and not paying any taxes at all is somehow a tax on the middle class, most economists agree with us. build back better will lower taxes, lower costs, economic growth and for the middle class, so the strategy, just look at the 2017 tax cuts, that was argued at the time giving it to the corporation it would trickle down to lower income people, it didn't. none of that happen, so we are just not buying into that notion. >> doesn't not not take effect what you were referencing till 2023, so i guess what i'm getting at is next year, 2022, expectation is that middle-class family as be paying a little bit more, but still a little bit more and also issues like gas prices being high, you have talked about the actions you are going to taper looking at, but these are long-term solutions that you are looking at, so what will be done in the immediate future to address next year. >> many of them are short-term, but what is true and is not afton out there is that the pandemic relief programs are ending, so if you look at the spending, i don't really have a graph right now, but if you look the spending from the pandemic relief, that it's going to go down, because a lot of those programs are ending, so when people are out there, this is not your question, but it made me think of it, when people are out there criticizing the influx of money into the economy, that's actually misleading and inaccurate, what we are talking about here is we are ending those programs and the president supports that, and there are programs to your point like the tax credit that if we don't extend the tax credit, 40 million americans will no longer get the benefit of the child tax credit. that's an immediate credit happening next year. investing in housing and lower housing the lolos were options or middle-income families. that is something that will have an impact, cunning child care costs in half is something that will happen next year. we are trying to focus on lowering costs for americans that would be a part of this bill. >> i will ask you really quick about ukraine, i know that you said the ukraine border, fieldhouse goals, and we all know being an april, getting through the fashion they are, linking comments about concern about the innovation and jake sullivan with the commitment, to ukraine territorial aggregation. it does not seem as though there has been any indication no more support on the way from the u.s. right now. >> secretary psaki: to the ukrainians? report a man to their ukrainians? and why do we send that the cia director to russia instead of the secretary of defense or our ambassador to handle this kind of diplomacy issue, who was he speaking for and that trip? >> secretary psaki: he speaking for the usa government, he is also the ambassador to russia and the former secretary of state, he does come to it with quite a bit of experience, as the president looks at the national security team as a group of smart engage in individuals who are representing his national interest overseas and that's what he is doing. i will note on the ukraine question part of the reason i mention the engagement with european allies and partners is because as you know we operate in lockstep with our allies and partners, that's all we have approached things, we have a shared concern about reports of military buildup on the border and i don't have anything to preview at this point in time, but that is something that we are actively engaged with not just the russians on in the ukrainians, but also the european partners as well, i want to skip around, because i know we are not getting too enough people in the back so i hear, let's go all the way. >> anita: that was a white house press briefing, the first from jen psaki since recovering from coronavirus. >> john: going back and forth with jacqui heinrich, gas prices and taxes as well and the analysis from the left-leaning tax policy center that finds chris wallace as he joins us here in the studio, that a number of people making less than $400,000 a year, would see a tax increase while people making more than that a year would see a tax cut. so there is a counter narrative to what the president is trying to sell going on out there from an organization you would think would be supported. >> well, facts are facts and they are saying, and the tax policy center is a respected organization, and their analysis is to be accurate, small increases, but certain percentage, 2030% of people making in the middle class would be having tax increases of 2-$300, which is not anybody over $400 will get a tax increase, what struck me about that whole briefing was all this talk about to the white house press corps will go easy on joe biden, they were going pretty tough and whether it's inflation or the cost of gas or the tax of build back better, this is an administration i think we have to fairly say that it is under siege right now, under pressure certainly and people sense that things aren't going right in the country and they are looking for answers. >> anita: can we turn to vice president kamala harris overseas this week in europe, and she is meeting with european leaders to a sort of smooth the rough averages -- edges that were left by the administration but also talking about the american worker one is going on with inflation, and want to take a listen to something she said from europe today. >> it is something we take very seriously, very seriously. and the issue for the united states when you see these prices go up, it has a direct impact on the quality of life for all people in our country. so it's a big issue and we take it seriously. and it is a priority there for us. >> she says it's a big issue, a priority, should she be going to europe right now? or should she be back here helping the present and deal with? >> honestly do i think that kamala harris is going to be leading the fight against inflation? not particularly, and she had a trip in the administration can walk and chew gum at the same time, on the other hand, this administration right now has zero credibility on the issue of inflation, and we look back to last spring, when the treasury secretary for bill clinton, the top economic advisor in the white house to barack obama after the big covid relief package said this is going to stock like max stoke inflation, and for months we have heard the transitory soon, and now we are in november and it's worse than ever, and to say that we take it seriously, there are some people that have been taking it seriously and the white house is talking and down, so very right to the game, and the least of their problems is where kamala harris is, the bigger problem is a fact that she has 28% approval. >> john: on the topic of being transitory, which is the coho sandra smith the other day, but they keep selling us on the idea that the bill back better plan, all we have to do is pass this reconciliation plan and life will get so much better, and she was even saying just a moment ago, jen psaki at the press briefing that we have economists out there who are saying that it is going to ease inflationary pressures, but mark penn who you know well is a noted democratic strategist suggests that to this idea of pushing and pushing on the bill back better plan, particularly from the far left with the party is not what democrats want by and large, the people like joe manchin and kyrsten sinema are not outliers, they are in the center of the parties ideology, they said this, while democrats support the bill back better initiative, 60% of democrats and 65% of the country support the efforts of these moderates like joe manchin and kyrsten sinema to rein it in. it's mr. sanders from vermont anacostia cortez from new york that represent areas ideologically far from the mainstream of america. so does the white house need to bring that back in? see what happened on november 2nd and say we are out of step? >> i really commend the article for people to read it, what it is saying is these people were recalibrating clinton when he had the disastrous men term and then moved back to the center and ended up winning reelection in '96 could what they are saying is it's not just inflation or the big domestic agenda, and's immigration and its crime, gas, and all of these issues, and invited by donald trump, and needs to detach himself from them, and get back to the center, and particularly if he wins back there a suburban voters who donald trump lead in 2020, we saw moving back to the republicans in new jersey and virginia a couple of weeks ago. >> the clip we began hearing was joecialism. >> if they don't read the results, they are out of touch right now, and you could argue about the inflationary or deflationary pressures of build back better, it's much bigger than that. it's a sense of growing america. joe biden has gotten 38% of approval the old fashion way, he has earned it and people sense that they have got to do something to move back to the center and be centrist joe, scranton middle-class joe, that's what the democrats need to go into the 2020 midterms. >> anita: speaking of being out of touch, i've heard the president say a couple of times that americans don't understand the supply chain crisis, they just don't get it. is that condescending? because i think americans do you understand it for the most part, i think that there are other things that are hard to understand like we throw around terms like reconciliation and talk about different tax policies and expect people to understand. >> i don't think that you can say that they don't understand anything at this point, as i say, joe biden has earned 28% of approval and people worry that he is out of touch and they feel it in their very lives when they fill up the gas tank and the go to the shopping tank of gas and go to the store and they have empty shelves, you have to do something about it. >> in italy they fill up the gas tank. what is coming up? >> we will talk all about the emplacement and the domestic agenda, we will talk about bill back better, but also covid, there is been a spike in covid, 17 states with an increase in some states double digit in the western part of the country, we will talk to a surgeon general, murphy and we will talk to the attorney general of texas, and can paxton who is leading the charge against the vaccine mandate that the biden administration is proposing. >> john: looking forward to all of that, i appreciate you coming in. >> i need to talk about it. >> john: with a busy friday news and two big interviews, only wet two, take a look at this. >> my sons live is in their hands. >> the jury debating the fate of kyle rittenhouse, his mother has a message to those who open up their minds, and opens up about the moment in court she never saw coming, plus her plea for peace in a city forever scarred by violent riots. >> anita: could the scenes in kenosha be coming to new york? a leader with black lives matter warning of violence to rivals last year's writing. now fox news talks face-to-face with the controversial blm leader, why he says it's warning is not a threat, but a matter of simple mathematics. >> john: a packed lineup of fox news favorites, so let's get right to it. the trial wrapping up of the week just moments ago in kenosha, wisconsin, setting the stage for closing arguments to begin monday in the trial of kyle rittenhouse, then the jury will decide the fate of the team accused of killing two men, a third of last year's riots. >> anita: the prosecution asked the judge to let the jury consider lesser charges and he agreed. more on a moment with criminal defense attorney jonathan phil bohr, first of the elective atoms in kenosha, she sat down with kyle rittenhouse's mother, and interview you will only see on fox. >> good afternoon, that's right, telling us last night when we talk to her here in the wisconsin area that she had no idea her son was even going to testify in his own behalf, did not find out until he walked up to the stand behind me, and then kenosha county courtroom, she was shocked and thought it went very well and is confident and optimistic on how everything is going right now. >> as a mom i was petrified, i'm scared and frightened, and i was nervous. >> rittenhouse has spent several days inside the county courthouse. >> when i saw him break down, i felt horrible, i felt sad, and wanted to go up there and just hug him and to limits okay, it's all right. >> her teenage son kyle now on trial for shooting and killing two men and injuring a third during the unrest in kenosha, wisconsin, last summer. though shootings have been in the day following the police shooting of jacob lake. >> my son is not a white supremacist, he is a caring young man, he has a heart of gold, and if you know kyle like how a lot of people know kyle, you will know that the media butchered him and defamed him. >> an emotional day in court, kyle rittenhouse taken a stand. telling the jury he fired the era 15 that night in self-defense after he felt he was cornered. his mom tells me she had no idea he was even going to testify until he took the stand. >> like a mom, they want to be there for their child, and i cannot run up there and comfort my son. i'm sitting there just falling. >> rittenhouse says she is watching the jurors closely and feels positive about the sun's testimony in the case. >> they are taking notes, you know, my son's life is in their hands, and they have a hard task ahead in the evidence, the testimony, it's -- the jury is fair. >> rittenhouse pled not guilty too many charges including first-degree intentional homicide, his mom took us back to the scene of the shooting. >> from the first shooting, we need to look at that spot, i just had this eerie cold feeling that came over me and i was very quiet after we left. >> prosecutors argued that that then 17-year-old who traveled from his home in illinois instigated the deadly confrontation. as kenosha prepares for potential unrest after the trial, the family worries about the unrest they could follow the trials end. >> yeah, because, you know, he once to help people. he did not want to shoot anybody. and it's just the violence needs to stop. >> i did talk to her exactly a year ago for different coverage at that point, she was a little bit more nervous and was trying to get kyle at that point out at the juvenile detention center not far from here and kenosha, wisconsin, talking to her yesterday can tell you she feels a lot more optimistic and feels once again that things are going smoothly in the courtroom and it's interesting that she did keep a close eye on the jury watching her son, watching the jury and then also watching the judge and his expression throughout this trial, and we will continue to keep our coverage here, just say life in prison if convicted of the most serious charge against him. >> anita: alexis mcadams, so interesting to hear from kyle rittenhouse's mother, thank you for that report. >> john: great work by alexis, a criminal defense attorney, let's go to what was going on in the courtroom today and that was the prosecution was trying to introduce lesser charges that the jury could be instructed on which would be second-degree as opposed to first-degree, what to you is an indication of? >> that is a big tea leaf that the prosecution is not confident that it is going to get a conviction on its top task. and when a prosecutor wants to give lesser or included defenses sometimes they can actually harm the defendant, the defendant might want an all or nothing, we charge him with first with first-degree intentional homicide, et cetera, that's where you want to fund the jury because they will come back with a not guilty, and when you give them a compromise, sometimes they will take it, it might not be the best thing for this particular defendant who personally i think did a great job defending himself. >> john: the judge has disallowed some of the earlier charges but says they will take under advisement some of the other ones, when the prosecution does this at the last minute throwing a hail mary to try to get some sort of conviction, is that fair to the defendant into the defense who have been mounting their case based on the stricter charges? >> you know, i say it's not very fair, and you have to keep in mind that there was a lot of time between charging this defendant and getting to trial, and in the real world what happens during that time is a lot of back-and-forth and a lot of negotiation, in other words the prosecutor is the only entity fully in charge of the charging decisions and is the only entity that can strike a plea bargain, so they had an opportunity to do that before making this kid take the stand, before putting him through a trial, the option not to come and now that they went through a two week trial and they know that the strength of their case is really weak, now they want to do this as a hail mary, it's not very fair, but the ultimate decision lies with this judge. >> john: the judge has not been very kind to the prosecution over the last few days, judge bruce shoulder really scolding the assistant district attorney, let's just replay a little bit of the exchanges between the two of them. >> does riddle america's boys have any sort of political bias or agenda or anything like that? it goes to the bias of the witness, your honor. >> the bias in what respect? this is not a political trial. >> i was astonished when you began your examination by counting on the defendant's postarrest silence. that's basic law, it has been basic law in this country for 40 years, 50 years, i have no idea why you would do something like that. >> john: trying to impugn the witness, sailing the silence after his arrest was the culpability of the individuals and the wounding of the third, but it's a constitutionally protected rights and it's right there when you read your miranda rights, you have the right to remain silent, but binger was trying to cast dispersions by saying oh, he remained silent, he must've been guilty. >> and trust me, john, that was no mistake by the prosecutor, you could be a first-year law student and not make that mistake, it was intentional, he was trying to blow the case or not or maybe he was trying to inflame the judge, because the judge was not kind to them, but the judge was not kind to the prosecutor because this judge is kind to the constitution. this judge gets it and he is not mincing words. when somebody steps out of line and that courtroom, and here's what i think i'm i think the bottom line is the judge knows this don't prosecutors and politicians rush to judgment, justice is lost, and this judge is not going to let justice be lost in his courtroom, and i applaud him for that. >> john: most defense attorneys will not put their client on the stand, because they know that things can go sideways very quickly, what do you think of the decision for rittenhouse's team to put them on the stand and how did he do? >> they had no choice, and the reason they had no choice is because this defendant, kyle rittenhouse is presenting an affirmative defense, that is what self-defense is, and what self-defense forces a jury to do is to decide whether his actions were reasonable. you can use deadly force if you are in reasonable fear of serious bodily injury or death yourself. how is the jury going to get to know whether his actions were reasonable? they have to get inside kyle rittenhouse's head. he had to testify for that reason to tell them -- to see what he saw a comment to hear what he heard, to feel what he felt, and actually for an 18-year-old kid who should be more worried about picking pollard to look at colleges and prom dates, he was well-coached for lack of a better word, he was well prepared, and that's kudos to his defense team. >> john: there are a lot of liberal commentators that say that he was coach and then acting in that watershed moment when he broke down on the stand, people were saying cornmeal river of crocodile tears, what did you think of that? was it genuine? >> i almost cried too come and that's how genuine i thought, i felt the emotion, this kid was having on the stand, it's not easy for season adults or pros to take a stand and testify in front of a room full of strangers, this kids life is on the line, he is facing life in prison and as an 18-year-old kid i realize he is a legal adult, had to get out there and tell his story to a room full of strangers with his mother crying in the background, that is not easy, and it's a shame that it had to get to that point, because as you are prosecuting somebody it should be a search for the troop and not a search for square pegs and round holes to make sure your city does not burn down because a woke mob once you to prosecute when the facts dictate otherwise and that's another factor in this case. >> john: want to come on monday with closing arguments, rest up over the weekend, we will need you for that. appreciate seeing you. the same liberal commentators who say that he was out for blood that day that he came in from out of town because he wanted to kill people. >> anita: i have also heard people accusing the judge of being biased towards kyle rittenhouse. he is the longest-serving judge in wisconsin, known as tough but fair, so we will see. he certainly has been interesting going on. >> john: not at the hand of the prosecutor for sure. >> anita: you saw it here first yesterday, a blm leader warning a bloodshed if new york sticks with the planned crackdown on crime. today the controversial activist wanted to stay even more and he wanted to say it on fox news. that's coming up next. ♪ ♪ y mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. >> man: what's my safelite story? one gram of sugar, my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ >> anita: welcome back, updating the story we brought you yesterday in a blm leader in new york morning of riots, fire and bloodshed, if the city follows through with the mayor's plan to prove crackdown on crime, fox news caught up with that controversial activists and wanted to clarify his comments telling us it was not meant to be a threat, but instead a simple fact. our brian yannis is live in new york city with the interview. brian. >> anita, hi, i pressed the cofounder of black lives matter of greater new york about his comments predicting that there will be violence and bloodshed in the streets, and again, he did distance himself from it a little bit saying he was not advocating for that violence, but that it was a warning to new york city's mayor elect that if he does bring back those plainclothes anticrime police units back to the streets after they were dismantled in 2020, then violence will be inevitable. >> the fact of the matter is when eric adams allowed these police to go out into our city and crackheads and racially profile individuals, it's going to be emphasis of police brutality and only a matter of time before someone dies, and that will be a trigger. and we all know what happens when that trigger is pulled. >> a former nypd captain is not breaking down from his campaign prices to let promised to bring back plainclothes police units, categorizing his warnings as silly and fringe, the mayor elected took a meeting with his organization on wednesday and he got contentious when blm demanded adams lay out his plans so that they could hold him accountable. adams took issue with that. >> let me share this with you. these are the corrections. you need to stand corrected. what you are saying. >> i know from your views are conservative, so the first thing -- >> don't talk about that. >> looking at gun violence and you claim black lives matter, next you are going to -- >> we need to do this. >> says that he is actually disappointed in democrats and believes that eric adams is a lot more progressive than as he campaigned. >> he agrees with us on a number of issues, but he saw a political path and being pro-police. so he kind of switched up on us, right? and that flip-flop is reminiscent of bill de blasio. the democrats have forgotten about the black lives matter movement. and they won't remember us until the midterms. >> adams is just a second black mayor elect in newark's history and already facing intense pressure. i need up. >> anita: it was interesting to get a peek at that meeting between the mayor elect and the black lives matter folks, that was really interesting, you know, crime is still an issue in new york city, what more do you know about a brazen sexual assault in central park? >> nypd has increased its police presence here in central park after a 27-year-old woman was assaulted and choked yesterday at 7:00 a.m. while walking here. in less than an hour later in a completely different neighborhood a 54-year-old jogger was also assaulted. police arrested a man they believe allegedly did it. he has a convicted criminal, his name howard shaw and was freed from prison on tuesday and now he is back in custody because of that alleged assault. i need out. >> anita: i think what most new yorkers just want the street to be safe so they can live their lives, brian yannis, thank you so much for that excellent report. >> john: for more let's bring in the new york city, new york, city council member, so you have hawk newsom saying there will be riots, fire, and bloodshed on the streets of new york if eric adams brings back this anti-crime unit, and this undercover plainclothes unit, what is your take on all of this? >> unfortunately i take mr. newsom at his word and i do think you might be right seriously, however i have to say is someone who did not support eric adams and the primary or general election i want to say good on him. great, this is good stuff in the stuff that new yorkers want to hear, eric adams to go directly to african-american neighborhoods, neighborhoods plagued by gun violence and went to those people and told him he would step in and solve some of the city's crime problems and i'm glad to see that he is not backing down. this was the issue of the race, this was the issue of the primary back in june and the blm defund and abolish the police crowd, they were given a ticket to ride, eric adams with a significant mandate because new yorkers do not share their views, they want safe streets, they want good policing come they want accountability, but they want good policing on their streets to keep our neighborhoods free of the gun violence and run people that sometimes pop up. >> john: do you think at some ways like blm leaders have been saying might happen if eric adams were to follow through on his promise to crackdown on crime and to restore law and order to new york city is something of a gift? >> yeah, in some sense this is a political gift to the new mayor, because he gets to live up to a lot of his commitments he made. he ran on this issue. in many ways he talked about a lot of things, but in many ways it was a single issue race by both the general and a primary, and he was the only candidate on the democratic side to talk about proactive policing specifically restoring the anti-crime units, let's be clear about these units and we have discussed it before, these are people in another era we would be buying them beers and saying thank you. these are the toughest men and women who actually went out there and they got done out of the hands of gang members and people who use those guns to kill other humans. so i'm actually glad -- genuinely glad to see eric adams taking a stand on the right side and he can be progressive on a lot of things and we can argue about those down the road, but i'm glad to see them putting the safety of new yorkers on the forefront of his administration. >> john: he knows a lot about policing, he was a captain in nypd and insist that these undercover anti-crime units are an essential, a critical part of community policing, here's what he said. >> the city is not going to be a city of riots. it's not going to be a city of burning. this is going to be a city where we are going to be safe, we are going to have effective policing that is not heavy-handed. >> john: effective policing not heavy-handed, that was against a disproportionate number of incidents, eric adams says he is not going to resurrect the anti-crime unit, he is going to reinvent it, should people give them some latitude to see what he would do before they criticize? >> yes, exactly, no one wants to be hassled by the police, no innocent person should be shot by the police, and police should have accountability and supervision and we should expect a lot of them. we owe them a lot but we also should expect a lot, so if you want to talk about re-examining how we do these anti-crime teams it's fine, but we do need undercover police officers. cuny and the element of surprise and the ability to surveilled some of the intended targets, these going to making our city safer and we know that they work because they are what worked in the '90s and early 2,000s and giving us some of the lowest crime rates in the city so far. >> john: people are looking back on those days. good to join you today, thank you for having us. >> anita: democrats say that the rich need to pay their fair share come but it looks like millionaires are set to get tax breaks under joe biden's plan, marc short joins us next on that. ♪ ♪ >> john: plus to get a booster shot or not? the white house is pushing for all adults to get in line. dr. nicole saphier has some thoughts about that coming up. ♪ ♪ this is a va mortgage rate watch from newday usa. while national mortgage rates are starting to climb, newday is holding the line at two and a quarter percent, 2.48 apr. so every veteran home owner can save. veteran homeowners. the newday two and a quarter refi is the lowest rate in their history. two and a quarter percent. just 2.48 apr. newday's holding the line on rates so veterans can save thousands. do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized we needed a way to supplement our income. if you have $100,000 or more of life insurance, you may qualify to sell your policy. 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. coventry direct, redefining insurance. ♪ ♪ >> john: here is no surprise, the rich could get tax breaks under the new house version of president biden's massive spending plan while some in the middle class could see their taxes go up. that's according to a new analysis from the bipartisan tax policy center, marc short joins us now, also the legislative affairs director in the trump administration. so this is not some conservative think tank or analysis that is oh, by the way, the plan is really bad because it is going to raise taxes on the middle class and cut on the rich, this is a tax policy center which is the brookings institution and the urban institute, so it's a little surprising for some democrats. >> wright, john, i think it has been a pretty terrible week for the democrats plans for the massive tax plan, and it's not a right center organization, so when they come out with analysis that says not only will middle-class be impacted by the tax cuts, but the top tax increases, and on top of that who is most hurt by these incredible inflationary pressures? is the middle class who is feeling it in their gas bills and their heating bills and feeling it in the grocery bills, but add on to that, the reality is they say that one and two-thirds of america's millionaires will actually get a tax cut because of the restoration deduction plan, and it's everything they promised they would not do, but trying to push a bill next week and i don't see how the world they will do this, because i think that you will continue to see senate democrats express a lot of frustration and i don't think this is going to happen anytime soon, probably not in 2021 if ever. >> john: just for folks at home who might not be dialed in, it increases the deduction closed for state and local taxes from $10,000 which was the trump plan to $80,000 meaning the people who make over a million dollars, two-thirds of them would get a tax cut of about $16,000, people between 500,000 in a million dollars will get $600, and because of provisions they make less than $400,000, 20 or 30% of them would see an increase of $230, not a tremendous amount of money in terms of tax increase, but it does cut directly against what president biden has said no tax increase on people making less than $400,000 a year. >> it does, but i would go a step further, the reality is the tax increases on manufacturers by imposing the new global minimum tax by opposing them animal tax by corporations he will force manufacturing jobs overseas when the term/appends administration you brought it back, 70 million jobs in just three years, and this was where the tax policy is punitive and will push tax jobs away which is going to hurt the middle class americans, so you're hurting their jobs and continuing to spend like drunken sailors, the reality of trillions of dollars of spending and seeing in place and go up and people that hurt most are the ones who live paycheck to paycheck. so you're hurting them with inflation and hurting them on the job and now you're actually going to increase their taxes too? this is a trifecta of terrible policy. and now you find as you just explain that those who benefit from the deduction are really the millionaires living in new york and california, i'm not sure there is a lot of joe manchins voters who are already conducting more than $10,000 at state and local taxes, so you're trying to wins vote and all you're doing is subsidizing tax breaks for millionaires in new york and california on the back of west virginia workers. >> john: new jersey too, we know taxes there are very high, that is a central concern of senator joe manchin, but jen psaki, the white house press secretary said don't worry about that will fix itself. listen here. >> secretary psaki: across the board also agreed that the economic agenda, the bipartisan infrastructure bill that he will sign on monday and the bill back better bill that we are working to move forward will not add to inflationary pressure and will ease inflationary pressure over the long-term. >> john: will ease inflationary effort over the long term, should we buy that? >> i don't know what economists are listening to, but when you keep artificially low interest rates by the fed and continue to spend taxpayer dollars and credible rates, you are going to continue to produce more and more inflation, that's where we have been going and you know just a couple of months ago they were telling us it would only be transitory, they are no longer saying it's transitory and now they are recognize it is here to stay in the height it has been in 31 years and every forecast i say says it is going to continue to go up. >> john: leaving us with that piece of good news for the weekend, marcus always. spin on the cdc director says she wants to review more data before opening covid boosters to all adults, but at least one state is pushing ahead on its own. governor nicole saphier is a fox news medical contributor and she joins us now. dr. great to see you. there are so much confusion over this and who should get a booster, at first the directive was everyone over 60, and now that is changing, what do you think? >> to boost or not to boost, that really seems to be the question these days and the fda and the cdc will have to look long and hard at the data to make that decision, dr. wilensky of the cdc director's right, we need to see the data, if you recall in september the fda and cdc voted against general boosting for the population because while we know that the vaccine is ability to protect against infection has decreased, the ability to decrease against hospitalization and death has remained quite strong, which is why they kept it to a restricted amount, those over 65 should be boosted, those with medical conditions as well as those in high-risk convictions, fisa submitted its phase 3 data from a randomized controlled study of about 10,000 people who either got the booster or who got a placebo dose and they show that there is about a 96% efficacy against the coronavirus. now i have not reviewed the data, it is not publicly available yet, but the point they were trying to make is that by boosting a population coming or decreasing the transmission, you are decreasing the amount of infection and ultimately you will be decreasing the amount of people who are hospitalized or who have died. however does the individual risk to the younger healthier population, has that changed over time? at this point we have not seen that data, but we have not seen that data because the cdc does not report real-time data, impact they have not updated their website on breakthrough cases and hospitalizations except since august, can you believe that? we are talking right now about boosters whether we need to be boosting people because of hospitalizations and infections from breakthrough cases, but we don't even have real-time data on that. so how can we make a decision? it is prudent at the cdc starts reporting this information, and if they show us that hospitalization amongst younger and healthier individuals is increasing because of these breakthrough infections, then sure, there is an argument to boost that population, but we don't have that data and no one has proven that yet. >> john: we have seen a lot of breakthrough infections lately, doc, one of the reasons might be found in a data set that was published in the general science studying 800,000 veterans across a number of different age groups which found that back in march a mentor and a vaccine gave an 89% effectiveness at preventing illness, by september that i dropped to 50%, fisa was 87 percent in march dropping a 45 percent in september, the j&j vaccine, 86% protection in march, 13 percent in september. i got both shots of the fisa, my last one was in april, did an antibody test in july, tank was full up and i got a breakthrough infection in september, so myself and other people are looking at this saying how long do these things really last? >> protection against infection has gone down, but the truth is these breakthrough cases tend to be mild, are we going to boost to avoid the sniffles? unless we show data that they are causing severe illness, the argument can be made for and against it? >> anita: it's all about the data. >> john: all about the data, we hope to see more, dr. nicole saphier, as always, good to see you. >> thanks for having me. >> john: economic pickups could be coming for more than just christmas presents, the scoop on santa coming up next. j. now's the time to refi and take out cash. the newday 100 va loan lets you borrow up to 100% of your home's value. you could take out $50,000 or more, to pay down credit card debt and other expenses. and lower your payments $600 a month. the newday 100 va loan. only from newday usa. i've been in the hospital for for 76 days now. and by the grace of god i'm still here. i died three times. they gave me a 5% chance of living. so i highly recommend everybody to get the vaccines and really protect themselves because this is no joke. growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. it's my woke-up-like-this migraine medicine. it's ubrelvy. one dose can quickly stop my migraine in its tracks within 2 hours. don't take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine. you're a one-man stitchwork master. but your staffing plan needs to go up a size. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire veteran homeowners, newday usa is holding the line on interest rates. matching your job description. the newday two and a quarter refi is the lowest in their history. two and quarter percent, just 2.48 apr. save thousands a year. >> santa claus is coming to town! maybe. seems the labor shortage has now hit the north pole. the "wall street journal" warning that mall santas are in short supply this year. also, the concern over covid, considering santa is in the high risk age range has a lot of would-be santaing waiving off the red suit. the real deal is getting ready though. >> that's what counts. it's not necessarily santa in the mall, it's christmas day. before we go, fox news has a new book called "all-american christmas." you can pre-order it now at foxnews.com/books. a lot of us, including sean and sandra smith tell their stories about christmas. it's a great bake. check it out. great to being with you. >> thanks. i'm anita vogel in for sandra smith. >> john: i'm john roberts. "the story" starts right now. >> martha: thanks. good afternoon. i'm martha maccallum in new york. here's the story unfolding right now. president biden huddled moments ago with his cabinet. talking about the trillion dollar infrastructure package that axios puts it may be his only remaining opportunity to show voters that his party can deliver before the mid-terms. here's what the president said moments ago saying the spending agenda, the human infrastructure part of the bill, will help in america's competition with china and claiming that it will help brin d

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