>> reporter: the trial of kyle rittenhouse is in the hands of the jury. deliberations are beginning just hours from now, the judge the missing a misdemeanor gun charge yesterday, the state argues rittenhouse brought chaos to kenosha and forfeited his right to self defense. >> who is there? these guys with ar 15s are one of the soldiers acting tough when the defendant provokes the incident he loses the right to self defense. you cannot claim self-defense against a danger you create. >> reporter: the prosecutor demonstrating our in-house held his weapon putting his own finger on the trigger in the direction of courtroom spectators. the defense rebuking the case arguing they are trying to create a political villain. >> the district attorney's office is marching forward with this case because they need somebody to be responsible. kyle rittenhouse's behavior was protected under the law of the state of wisconsin, the law of self-defense. >> reporter: the white house saying they don't want to comment on the case after president biden labeled rittenhouse a white supremacist last summer. >> i'm not going to speak to anything about an ongoing trial or the president's past comments. what i can reiterate is the president's view that we shouldn't have vigilantes patrolling our communities with assault weapons. >> reporter: protesters on both sides are gathering in anticipation of a verdict. 500 national guard troops are on standby as we wait for the verdict to come in. carley: thanks. todd: president biden and vice president harris putting on an awkward united front of the structure signing following a deepening rift in the west wing. jillian: carley: the white house insist harris is a valuable asset to the administration. live in washington the latest on this controversial front. >> reporter: a beautiful day for a bill signing and we expected a victory lap celebration. we got damage control with a few awkward moments starting with that uncomfortable walkout on the south lawn followed by the white house announcer with an introduction. >> please welcome heather curtinbox. >> in a moment. >> reporter: this after reports of a growing rift at the top of the ticket leaving the vice president feeling stifled and sidelined as she struggled to put a happy face on it. >> from the very start, you welcomed democrats, independents and republicans, you welcomed ideas. you welcomed debate. you are equal parts believer and builder. >> reporter: this on the heels of the vice president's approval rating plummeting to an all-time low of 28%, the white house seeking to downplay reports of trouble in paradise. >> there are a few reports over the weekend that the vice president is unhappy. >> he is a bold leader who has taken on incredibly important assignments. there's been a lot of reports that don't reflect our experience with the vice president. todd: troubling new poll numbers for democrats according to abc's midterm preferences, 32% for democrats to 50% republicans among independents, 40-54 among college-educated white men but the press secretary has an answer for that too. >> we see this as an opportunity because the president's agenda is popular. there's fatigue from covid. people are sick and tired of covid and the impact on the economy. we are tired of it too. that is why this is the number one priority, getting covenant control. >> reporter: the president takes his bill on the road to sell in new hampshire, coming to brag about the infrastructure bill because it gets the least amount of any state in highway funding. the president is leaving his number 2 behind on this trip. >> time to get the announcement on her name. thanks. the congressional budget office expected to release a final price tag on president biden's social spending package. house speaker nancy pelosi could bring the house to a close by the end of this week. the multi-trillion dollar package includes funding for things like environmental justice initiatives, housing grants repellent and government grant since president biden once again insisting he won't raise taxes on the middle class to pay for it all. >> president biden: no one earning less than 400,$000 a year will pay a single penny in federal taxes. carley: the nonpartisan tax policy center found the build back better bill would raise taxes for 20% to 30% of middle-class families according to their analysis from last week. todd: to the supply chain crisis, a hearing on clean energy supply chains. the committee set to address how the us developed domestic supply chains for clean energy technology is a backlog of cargo ships build up, shipping time slowed to a crawl nationwide forcing americans to pay more for goods and leaving shelves empty. we currently have a supply chain crisis. does it make sense to address the current supply chain crisis, developed domestic supply chains for clean energy technologies. how do we get christmas toys out of long beach with on store shelves now? >> the supply chain crisis is getting worse because wait times are going up in los angeles and president biden tried to fix it by allowing the board to be open around the clock and the truck driver issue, not getting truck drivers to take things into the warehouse. that's on the minds of so many americans plus inflation and their way to fix that is pumping more money into the economy which would make it worse when you talk about crime. their solution is to defend police more. they are living on a different planet. >> and truck drivers, back in the day, give everybody free money and reaping the benefits of that. time now 7 minutes after the hour. even though it has been debunked at a shift doubling down on support for the steel dossier, do the american people deserve better? carley: we will ask morgan ortagus about her fiery conversation on the view. can't wait for that discussion. 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. when we started our business we were paying an arm and a leg for postage. i remember setting up shipstation. one or two clicks and everything was up and running. i was printing out labels and saving money. shipstation saves us so much time. it makes it really easy and seamless. pick an order, print everything you need, slap the label onto the box, and it's ready to go. our costs for shipping were cut in half. just like that. shipstation. the #1 choice of online sellers. go to shipstation.com/tv and get 2 months free. shipstation. the #1 cfeel stuck with of onlistudent loan debt? 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>> lots of businesses is closed down because they were burned down, some did not reopen. other ones moved to different areas of the city. we are trying to survive. it was a trying time. it was like going through a war zone. all of our memories went up in flames. you drive down the road even a week after, buildings were still smoldering. it was a very scary moment whether to be at work or at home, you didn't know where to go. this wasn't kenosha. todd: along those lines how sad is it that in america in 2021 you need to worry about losing everything you worked so hard for simply because the judicial process is going to play out the way it is supposed to play out and some people may not like the results. >> everyone has a right to protest. if it could be peaceful and get the point across but the rioting and the fires is so dramatic. carley: you said you and your son last year stood by the windows of your bakery to make sure no one came to your business but it was a violent situation. how scary was that? >> if we weren't here we were on social media watching what was going to happen, how far it was going to go down. every time these pictures come up you remember the turmoil, the scared feeling, you didn't know what to do or if tomorrow your building was going to be there for your business. if it goes what do we do next? todd: are you confident the national guard will protect you? >> i am glad they are here. before, they weren't, this time they are. i am praying it won't come to that. i am praying whatever the outcome is, it will be peaceful and we can go on with our lives. kenosha is a great community and we have to stay strong through all of this and come together and realize life goes on and we have to accommodate everyone. carley: we are praying alongside you. we want everything to be peaceful so your business can prosper. thank you for joining us this morning and telling your story. >> you are welcome, thank you. todd: 16 after the hour, president biden holding a virtual meeting with chinese president xi on a lot of critical topics but the origins of covid 19 wasn't one of them. we have reaction from former state department spokesperson morgan ortagus next. carley: gas prices approaching $5 a gallon in some parts of the country is inflation grips americans. what is the white house doing about it? 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>> it is not how i would have wanted the president of the united states to start a meeting so important, just a virtual meeting so other than a little bit of grace only so much you can get accomplished in a virtual meeting. there are a couple strange things. one, i heard a passing reference to human rights but i did not hear the president mention the fact that there is a genocide going on right now against leaguer muslims, something we declared in the trump administration, the biden administration also certified this. it is important because this administration said they would lead on human rights and there is no record to show. strange we are not hearing from the president himself, normally after these meetings, customary for the president and the other leader to take questions. xi jinping will not take questions but it is incumbent on the american president to be accountable to the press and the country. jake sullivan, national security adviser will talk about it at the brookings institute tomorrow but that is not the same as the president of the united states taking tough questions from the media. todd: there is this, quote, disconnect between the two leaders as to the level of their friendship. we will a president biden from the past and 11 jinping -- xi jinping from yesterday. >> you do not consider mental friends? that remains consistent. >> not as good as the face-to-face meeting. i'm happy to see my old friend. todd: the biden administration did not needle xi jinping on human rights or covid but the chinese managed to get that in. what do you make of that? >> it was probably purposeful. they pay attention to the press. i will tell you what biden said. i should start more formally. although you and i never formal with one another. that type of language is pretty cavalier for a country that is the biggest threat to the united states right now, certainly will be for my children and the focus, here is the problem to boil it down. if you look at the last four years republican and democratic administrations open up to do business with china and the theory is if we do this, if we have a more normal relationship they will slowly become more liberal, that they would democratize, ease up, that has not happened under chairman xi. it has become more authoritarian, the genocide we talked about. there is a massive nuclear arms race, we may not be participating in it but the chinese wrapped it up with hypersonic tests, 200 icbms so there needs to be a total shift in washington, mike pompeo did this, how we have approached the relationship with china for 40 years but this administration instead of recognizing the new reality we are in this administration is trying to go along to get along, pacify things and smooth things over. they hope if they are nice enough china won't invade taiwan. todd: we might need to take a look at mister neville chamberlain to see how well appeasement works. despite the overwhelming proof that he was all wet if not lying. >> i don't say we shouldn't investigate claims of someone who was a well-respected bridge intelligence officer, couldn't have known somebody who is a primary source lied to him. >> i disagree with your premise. not to say we should have foreseen the advance to christopher steele. none of that was undercut. >> the credibility of it. >> that was you on the view to be the first media person on the media to call him out for this. where is msnbc. >> and. and they were supportive of that. we have to have politicians. it was a little naïve that he might be reflective on that time. with chuck todd and the interview you showed, the truth is there is no way of knowing these sources would have lied to steal, that is why the dossier was an unverified document. that's why you take the intelligence community and fbi and law enforcement personnel and you that information because people in sources lie all the time and anyone has been two days in the intelligence community knows this and as the chair and formally ranking member of the house intelligence committee who oversees the entire i see he should know this better than anyone. he publicized and weapon iced the intelligence community and was a big part of terry the american people apart by making him believe this dossier which people are being indicted and going to jail overlying, the dossier he read into the congressional record. todd: he's not letting up. morgan ortagus, we appreciate your time this morning, thank you for being here. >> thank for having me. carley: cnn goes off script on a report on a rift between biden and harris and the network's own commentators were taken off guard by it. >> a lot of people treating kamala harris the way they treated hillary clinton, attempting to end her political career in a death by 1 million cuts. todd: we will get joe can't do's reaction next. 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(vo) ask your doctor if it's right for you. ♪ ♪ >> loving county supervisor branding concerned parents as alt right despite black and jewish parents are part of the group organizing a petition, some of those parents joined us last hour. >> as a punch in the gut and stan in the heart how anybody can call a jewish person alt right is beyond me. >> far left radical leftists have a playbook and they only say lines from the playbook. >> parents are calling to retractor statement and stop attacking her constituents on social media. todd: a long time texas democrat is leaving the party. >> many of us are waking up to the fact that the values of those in washington dc are not our values. the ideology of the funding the police, destroying the oil and gas industry and the chaos on the border is disastrous for those of us who live here in south texas. todd: he formally announced his change in affiliation alongside governor greg abbott. the lawmaker disheartened by texas democrats, fled the state to avoid voting legislation over the summer and that was the miller light section. >> i had previously forgotten about it. commentators fuming over there a network's report on dysfunction in the west wing. todd: here is joe concha. here's a piece of the cnn on cnn violence. >> a larger issue with the tone and tenor the kamala harris covered. these articles, puts a lot of us in defense of posture, they are treating kamala harris the way they treated hillary clinton, to end her political career in a death by million cuts. >> the individual you saw speaking does not deny the article, he just doesn't like that his own organization did his job, to do journalism and report fact he doesn't like. what does that tell you? >> the only defense cards they have to play here are race and gender as if those were the reasons the vice president is facing the criticism but she is. harris wasn't the right person for the job, she didn't get to 2020 at the 2020 presidential candidate, but in iowa months before, the border for which she's in charge is a disaster by all accounts, she is pulling a 20% approval, that goes beyond one side of the island partisanship. her own party doesn't like her, never really has. she has not done as far as seeing her and her being out there, has not done a 1-on-1 interview with any news organization in 5 months. this is the part where team biden starts to leak about dysfunction about kamala's death and jen psaki defending harris which only served to draw attention to the cnn story, the former home of -- it makes game of thrones look like amateur hour. >> he hasn't done a 1-on-1 interview in a while, because last time she did she didn't go to the border but she hasn't been to europe and that is one of the reasons her approval rating is at 28% because every time she speaks publicly she seems very uncomfortable and people can see through that. >> she has a big shopping bag in her hand and somebody from the european press got off the question asking what do you think of what is going on at the ukraine border where there are 1000 russian troops, that's classified information, it is on the news everywhere, do you have a comment for the ukrainian people, you have their back, something we are focused on right now so she scripted a lot like her boss and you wonder what happens in 2024 if president biden does run, is kamala harris along for the ride were thinking i should be the nominee, delicious to watch on some level after the leaking that went on. todd: i wonder what the plan is. carley: how can you consider running for higher office? carley: msnbc skipping the defense's closing argument after airing the prosecutor's case to the jury. how chilling is it msnbc apparently thinks there's only one side that should be heard in a trial? >> cnn switched out as well. what did cnn and msnbc switch out of the rittenhouse defense? the president's signing of the infrastructure bill, a formal event that was pr for the administration and nothing more because you can't kind of cover the rittenhouse trial, they got out so no one heard the defense, only the prosecution side of it. all the showed, the signing of the bill that wasn't news but an attempt to say we did something. what is the miller light thing? todd: get on a plane. >> texas democrats fled the state for the voting the land were on the bus with beer, what a sacrifice they made. every morning being on our show, let's call it an opportunity. >> you are a bourbon girl. jillian: thanks so much. todd: 44. carley: janice dean is here with fox whether. are you a bourbon girl? >> janice: more kendall jackson. people don't like that but too bad. current temperatures, chicago, 5:00 right now, 59 in billings, not a bad forecast for much of the country. we have cold air in place across the northeast, the clipper system moved in. things will change in the next 48 hours. the next system from canada brings the potential for stronger storms and cooler air but they will enjoy warmer than average temperatures, 10 degrees above average from texas to the northern plains. we have cold or temperatures where people don't live colder air across the carolinas towards georgia. there are your temperatures below freezing in these areas so there is your forecast in terms of storm systems, nothing to report, that exiting storm across the northeast is in the atlantic. we have some residual showers across coastal areas of the northwest to the mountains and this is the next storm system tomorrow, thursday, friday, that cold front expand and colder air pushed southward will bring potential of showers and thunderstorms here but ahead of that we warm up. there is your silverlining right there. we have a map with everything. that happens with a change of the seasons, cold fronts move through and keep me in business. todd: president biden's spending bill dropping a key requirement that could give billions to illegal immigrants. >> the same bill democrats insist cut $0 carry a $5 trillion price tag. where's the money coming from? 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patriot awards after "fox and friends". >> i go to the patriot awards after "fox and friends" so see you at the airport. >> hope we are in the same flights. president biden's spending bill dropping a key requirement that could be billions from illegal immigrants. >> lauren simonetti, what is going on? >> the spending plan contains a provision that would repeal the social security number to get up to a $3,600 child tax credit. illegal immigrants would be eligible even if their children were not born in the united states. center for immigration researcher estimates the payout could cost taxpayers $10 billion. adding the decision to reward illegal immigrants with cash payments will encourage more illegal migration into the country. across the border, if the policy is approved it is like welcoming even more. >> there's news on the oil and gas for that is pretty concerning. >> the most and 7 years. the biden administration put oil and gas leases for land in new mexico's national park. they want to study the area considered favorite by native americans. michigan governor gretchen witmer wants to close part of the line pipeline that delivers loyal to her state with no other way to get oil to some parts. residents could pay more at the gas pump. then you have chuck schumer's solution to this, let's tap the strategic petroleum reserve. emergency supplies in times of crisis. to we have a crisis? feels like one but what is causing it. todd: shimkus is ready to go there. >> tell me. >> i will try to make one up. it is going to be passed was way more americans expect to travel for thanksgiving than before the pandemic so airlines including southwest and american are insuring they have enough staff to keep operations running smoothly and putting their money where their mouth is. you could make three times your salary, premium pay up to 300% if they work from now through the new year and 150% premium pay thanksgiving and christmas week. carley: hit me the same time it hit you. the profession runs in the family. >> a nice smile, unruly passengers. >> experts are warning it could permanent as house democrats vote for a push this week. the economic allen list for critical.com joins me to make sense of the numbers and glad you're here because president biden says build back better costs $1.5 trillion. now we hear from a nonpartisan organization that it could cost $5 trillion. what is going on? >> washington accounting. a lot of us would be going to jail. what it is is they use these gimmicks. carley: we got word his window went down. to finish this conversation, the committee for a responsible federal budget which is a nonpartisan group, they released a statement monday that biden's plan could cost $4.9 trillion and that is because there are little tricks in the spending plan that would phase out spending the get to down to $1.75 trillion but you know how congress works when something is passed once it will keep getting past again and again and that is why the number could cost $5 trillion. that is going to be a big problem for people like joe manchin who want the spending package as small as possible. todd: we heard people say it is the democratic strategy all along, put these things in, make them so when republicans take over congress following the midterms they can't get rid of the more they will lose in 2024 and what a student to thousand 24, a presidential election. that was what you heard prognosticators talking about. it is an interesting strategy. at the risk of bankrupting our country. >> we will talk about this, i hear you are back. i wanted to ask about gas prices that hit $4.84 in san francisco and that this is happening as the biden administration said we can't increase oil and gas production, let's have opec do it. what your reaction to these gas prices and when will we see a sense of easing on this front? >> i am in san diego where gas prices, it is simple, freshman year, macroeconomics when you reduce the supply of something and we have one third less oil than we did at the start of the pandemic producing oil in this country, you reduce the supply price goes up. what is happening is demanding more oil prices up, we are producing less oil. >> president biden will not raise taxes on people making less than 400,$000 year. all of his innocence is attacks on the american people. we are going to have you back soon. appreciate it. todd: house democrats say republicans are too dangerous to run for congress. tomi lahren back with that. your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. side effects may not appear for several weeks. common side effects include sleepiness and stomach issues. movement dysfunction and restlessness . . ♪ carley: the white house forced back into damage control mode over devastating new polls and scathing report on cnn over growing rift in the white house. >> i went out there and made clear the vice president is a vital partner and bold leader and taking on challenging assignments important ones, voting rights and root causes of migration and convey to the american people who may have been reading a ranges of stories. todd: here to react tomi lahren not the most ringing endorsements of our vice president, was it? >> she is extremely likeable and doing a wonderful job with all those things she has been tasked with except nobody asked you jen and nobody had to ask you because everybody can see for their own eyes how badly things are going. and we really couldn't care less if the vice president is likeable or not or even really what her poll numbers are or even the things that she is tasked with. we know this administration is doing horrible things for the american people and no tweet from a press secretary no campaign to make her seem more likeable or she is doing a great job going to change the minds of the american people. the proof is in the pudding. look around, we can see it for ourselves. carley: can you see where both sides are coming from in this cnn report. the vice president has made more mistakes than can you count. she is making the president look bad. she is not a strength for the administration. at the same time, the president gave her the border job which has become a political nightmare for her. and all of this is happening as you look at the midterm primary -- the midterm party preference numbers 41% would vote republican versus 51% would vote republican success 41 democrat. how does the administration get back on track? >> well, i want to go back to something that you said that v.p. kamala harris is making president joe biden look bad. that is an incredibly hard thing to do because he does it so much on his own. that's how you know how bad our vice president is that she doesn't look better than dementia joe. at the end of the day, the american people are seeing what's happening. and it's unavoidable. you can see it at the grocery storm can you see it at the gas pump and see it at the southern border, yes, that she has been tasked with a whole lot of issues and this administration has been tasked with a whole lot. unfortunately first priority was rolling back all the things the trump administration did to benefit the american people. and that's back firing and there is going to be a huge bash lash at the polls in the midterms. i just hope that the american people understand it's not just joe, it's not just camla. it's the entirety of the democratic party and several republicans as well those rhinos who have voted in huge infrastructure plans and other things bankrupting the american people they are also to blame. time to make a change. todd: congressional campaign committee saying house republicans are too dangerous for american families. tomi lahren begs to differ she has a show called "no interruption with tomi lahren." carley: catch did on fox nation. thank you. and you can catch "fox & friends." it starts right now. ♪ ♪ ♪ ♪ ♪ ♪ happy dance ♪ ♪ steve: good morning, miami. we are going to be to be doing the happy dance in south florida later on this afternoon. "fox & friends" going on location november 16th for tomorrow night's patriot awards currently by the way as we plan our next couple of days it