going on here. why is the patriot act being used against parents. >> shannon: our chief correspondent breaks it all down . plus wisconsin guard personnel on guard. we have the very latest on wher things stand in kenosha tonight. and homeland security secretary mayorkas and trouble and capito hill. more than double the total from october 2020. we begin tonight with that bombshell accusation that the fbi may be investigating. suit get heated at school board meetings. what is the truth? trace gallagher is on the case tonight. good evening, trace. >> the whistleblower is reportedly an fbi agent who provided several republican lawmakers with the internal mem from the head up the criminal and counterterrorism division. the memo directed ages to -- intimidation against its to cater spike using a threat tag, which allows agents to gauge whether the threat is on a national level and provide information to state and local law enforcement. republican nominee is that the whistleblower memorable is proo positive that the fbi is taggin parents they consider threatening. the fbi says a threat tag quoting here and no way changes the long-standing requirements for opening an investigation, nor does it represent a shift i how the fbi prioritizes threats. that is little comfort to parents considering this whole thing started back in september when the national school board association, which had been coordinating with the biden administration set the preceden -- sent the president a letter accusing periods of engaging a domestic terrorist and super because they vocally disagreed with covid mandates and teachin critical race theory. a few days later attorney general merrick garland instructed fbi agents and us attorneys to investigate threat of violence to come back at the department of justice called a disturbing trend, though the do never laid out the evidence to establish that disturbing trend. and during congressional testimony, attorney general garland was asked if he was targeting parents. watch. >> the justice department supports and defense the first amendment right of parents to complain as the subversive we a as they wish about the educatio of their children, about the curriculum taught in the schools . that is that what the memorandu is about at all. >> and we should note that merrick garland press take testimony was one day after tha internal fbi whistleblower memo went out. here is a bit of gop response t that. watch. >> we got some real question fo the attorney general and light of this whistleblower pressed information. >> we need to bring him back in. he openly lied and i wonder if this is a direct order from the white house. >> i'm republican lawmakers say appearance bill of rights is more important now than ever. >> shannon: trace gallagher, thank you very much. kenosha, wisconsin get is a cit on edge tonight while a jury considers the case against kyle rittenhouse. as we go into a second day of verdict watch, officials are bracing for possible trouble fo garland -- regardless of the jury decides. we are on the ground in kenosha tonight. >> good to be with you. the jury one home tonight after collaborating for abruptly eigh hours and there's really no telling how close they are to a verdict. at this point the only real clues we've got our the request they made for copies of the jur instructions, specifically the sections dealing with self-defense. that jerry is made up of seven women, 5, almost all of them ar white with one person of color. this morning it was kyle rittenhouse who decided to the final jurors would be by pullin numbers at random from an old wooden tumbler. as the deliberations got underway throughout the day, sh dozen protesters gathered outside the courthouse and at times they were so loud you could hear them inside the courtroom. as we await that verdict, a lot of folks in this community are on edge and bracing for a repea of the unrest we saw here last summer. >> people are worried that were going to have the same problem that we had burning the city down. >> i pray that people are going to come in from other states an do more damage. >> i don't think any of us had any clue about what happened last year was going to happen. you know, i think we need to be prepared and i wouldn't underestimate anybody. >> local and state leaders are trying to ease those concerns and say it if there is any unrest this time around, it wil be different. 500 national guard troops are o standby and local law enforcement says they have improved their response capabilities since last year. this afternoon a group of local activist leaders who want to se rittenhouse convicted also called for peace, no matter the verdict. >> were asking everyone to stay safe and i want to reiterate people who come here for a reason, they do not been good t this community, we don't want you here. we don't want what happened las year. that solves nothing for either side. >> kyle rittenhouse is facing life in prison if convicted of the most serious charges agains him. the jury has five primary charges and four lesser charges to consider, so a lot to go through and they're expected to resume deliberations tomorrow morning. >> shannon: thanks, garrett. >> homeland security secretary mayorkas is speaking to the committee tuesday that the bide administration is not to blame for the ongoing border crisis. kevin cork is wrapping up at yo did here in for us tonight. could he be inning, kevin. >> there's a thing called political -- that happens all the time in this town and then there's the sort of grilling that, quite frankly, is best left for steaks . the latter might be the best wa to describe what happened to th homeland security secretary mayorkas today on capitol hill. a high temperature searing at the hands of lawmakers demandin answers. >> how many children have been in the biden cages in calendar year 2021? >> senator, i respectfully disagree with your use of the term cages. >> i seen the biden cages. how many children have you detained at the facility in the cages you built to hold kids. >> expect for him not familiar with the term cages and to what you are referring. >> texas senator ted cruz peppering home and ticket secretary mayorkas on capitol hill with repeated questions about children the lawmakers said who are being held in, quote, biden cages. just one example, sup lawmakers about the biden administration' failure at the southern border and a failure that they said at least in part let them the the of vice president kamala harris. >> what is she doing exactly. she's not the borders are. she's not doing anything like that. did not actually consulting wit her on any policy so what is sh doing exactly quick. >> she is focused on addressing the root causes of irregular migration in the context of the migration -- >> how is that been going. >> the secretary -- reports that more than 164,000 people apprehend that just last month attempting to illegally cross the us/mexico border. that is more than twice the number who were apprehended in the same month last year. even worse between october 2020 and september of this year, agents detained more than 1.7 million migrants. the second highest annual total ever recorded. been filed utah senator mike le took mayorkas to task for failing to defend border patrol agents from that the bunt accusations that they would haitian migrants in dell rio back in september. >> did you defend them when the were being attacked for whippin people, which they were not quick. >> senator, what i said quite clearly is that the independent investigation will determine th facts, and those facts will drive the outcome. nothing less than nothing more . >> heated exchange happening right there. mayorkas was also pressed on th subject of taxpayers possibly being on the hook for paying separated migrant families up t a million dollars per family despite in many cases breaking our immigration laws for the secretary passing the buck to the department of justice to feel such queries. >> shannon: so we also covered earlier that here in washington dc, the mayor is going to be lifting the indoor mask mandate. she set the risk of hospitalization or depth is now low for vaccinated people, but tonight the sure the white hous is going to follow her lead. what are we know? >> if you live in the district, just think it's about time. the white house tells fox news tonight that it, quote, follows cdc guidance, which recommends masking in areas of high or substantial transmission. that said, the city is making its move and ends its requirements for masks in place like offices and retail spaces, and did a role that's been in place since july of 2020. just for clarity, businesses will still be allowed to requir masks if they choose, but it will not be legally required. that decision perhaps not coincidentally comes as they -- bowser announced running a thir term for mayor. >> we've covered politics and u and we want to look behind the decisions that republicans and democrats are making. kevin, thank you very much. let's run down our top stories. the secretary explanation for who is to blame for the continued to explode border crisis and an fbi whistleblower claim that is lawmakers asking whether the attorney general lied to them about the offense fence tracking american parents. my fax new news contributor panel is aaron parini unless they marshall. great to have you here with us. >> so this is what the fbi says in response. they were quartered in the wall street journal. they've never been in the business of investigative or policing school board meetings and we are not going to start now. we are fully committed to preserving and protecting first amendment rights including freedom of speech. there's been a lot of pushback from bf it administration sayin this is way overblown and parents that show up and are angry about policies of curriculum, no one is stopping them. what you say? >> welcome i think that the facts are just not supporting that claim by the white house. we've got to remember that democrats and president biden have a history of trying to weapon nice government against those who would go against them. let's remember the obama/biden administration targeting conservatives, this is a patter of repeated behavior here and what are we seeing now? president biden left-wing special interest groups, the department of justice, and the federal bureau of investigation and we know this because of the whistleblower coming forward, working together to put truck tags and investigate parents were standing up at school boar meetings to discuss the curriculum that is being taught their children. i can tell you it looks like democrats are not learning the lesson they should've learned a couple weeks ago in the commonwealth of virginia were a republican was just elected to be the next governor because of a push back on democrats pursuing these kind of dangerou curriculum policies. is being soundly rebuked across the country and it is something that needs to be answered. garvin needs to get back on the hill and talk about what has happened here and whether he will thoroughly lied or misled congress. he doesn't know what's going on in his own department of justice . >> shannon: the house minority leader set this, garland must return to congress to address under oath in detail the discrepancy regarding the direc of the issued following investigating american parents. leslie, you're saying he should show up and getting clarified this. would be helpful for everybody? >> i don't think it needs clarification, but if people need to hear the same thing twice to understand the difference between somebody who has threatened violence to be tight and somebody who is asserting their first amendment right. the first amendment does not cover violence of any kind. violent speeches and hatred, bu threatening, no. there's been that some violence and even depth in states like virginia, kentucky, and maine toward other parents, toward teachers and port school board officials. that is illegal to threaten, so to have any law enforcement, whether it is local or federal track such an individual, whether it is of a school board meeting or somebody who threatens one of us here who wa on television giving an opinion they don't like, i like that they are tracking those individuals. that's not take away from the first amendment. it is not contrary to the testimony that the attorney general gay. so i think bring it on and have them come back and reiterate it exactly what he said because what they're doing is not different than what an investigation would hold. it should track people who are threatening violence. >> shannon: you mentioned all the different states. if that is the case, state officials and localities and orton's and those people should be cracking down on these individuals. i don't all about the feds getting involved but maybe he can come back and clarify that. i want to talk to you about secretary mayorkas i want to play some back-and-forth betwee him and senator graham about what is going on at the border. >> do you think we are on the right track as a nation? >> i do. >> how would you grade yourself? >> senator, i'm a tough grader on myself and i give myself an for effort and mission in support of our workforce. >> and a for effort. >> it's actually very laughable that the secretary with stand there and give himself an a for effort in front of the committee . the only a he should get as for the effort to break records eac and every month about individuals illegally crossing the border of the united states. republicans did a really masterful job today in the judiciary hearing to push mayorkas on what has happened. you saw senator crews lee numbe biden changes. biden and harris are not lookin at what is actually driving thi and wipe their policies and democrat policies continue to perpetuate a humanitarian crisi at the border. i was with senator crews and th 18 other republican senators wh went to the border back in marc and we saw masses of people sitting under a bridge in delphia, texas and we saw peopl crammed into cages. we saw people waiting to cross the rio grande to get over into the united states and other democrats doing? they're not enforcing the law. they're not enforcing the remai in mexico policy, which would b critical to this. they are not securing the borde and they're trying to double down on the policy by offering up to $400,000 per person for illegally entering the united states. we don't need to pay people to illegally enter the united states. they clearly want to do it on their own. we need to do is enforce the law . >> shannon: again, those payments of the come to fruitio are for people who were separated from their children. this a lot of questions about why that money should be paid out to them and their children. that continues. it's not just republicans complaining about the border. that they feel is an action by the biden administration. democrats, a lot of them in the border towns in texas thing we feel like no one is listening t us. this is a massive problem and today the sector admitted there's some 375,000 people the came here illegally in the last year who are inside the us. what are you advised is a ministration to do? >> i wouldn't get the end and ministration and a bedouin get any administration for the clas -- past 20 plus years and i and i would give congress, both democrats and republicans and f because it comes down to changing our asylum policy. right now our borders are not open. our checkpoints are and they ar patrolled by a wonderful border patrol agents. but if you have to come to your country to seek asylum to these checkpoints to come to the righ states, which the current policy , that is a huge problem. the other huge problem is these countries in -- venezuela and cuba are not take these people back in. is something that ministration has to work out. and third are them smugglers. it's been increasing for the past ten years were getting hundreds of dollars per had eac day for each person that they try to smuggle. >> and they are endangering these people. they are human beings and they are endangering them. i think everybody agrees this i something that is supposed to b taken care by the legislative branch and if this have to do with orders, that's not going t solve anything long-term, so congress, please, we are cheering for you to get something done on this. thank you both. >> thank you. >> shannon: with winter approaching the covid-19 covid-19 infection rates rising the push for boosters is on. some are going about guidance from that will help officials t get shots into the arms of many people as possible. wearable all of this end. we are tracking the latest tonight. >> the us has seen a 15% increase in covid infections over the past week, averaging about 85,000 new cases per day. federal health officials are trying to prevent the highly infectious delta variant from driving a fifth wave of the pandemic as more americans gather indoors during the coole weather and the holidays. they strongly are encouraging booster shots for some previously vaccinated individuals. because we know that the vaccin efficacy clearly wanes, we know that from our own country and w know that for more intense experience. >> and israel. >> current federal guidelines recommend booster for people 65 and older or at high risk for complications or exposure. >> probably up millions of people eligible for booster shots, we are going through an fda processable go through a cd process to see if the eligibility should be widened. >> at least five states in the city are waiting for the green light from federal regulators t expand access to boosters. >> allow adult patience to determine their own risk of exposure based on their individual circumstances. and practice this means that providers should not turn a patient away if they requested booster. >> meanwhile increasing numbers of school districts are replacing traditional quarantin policies with tests to stay strategies in which students exposed to a unknown virus that case can remain in class as lon as they meet certain requirements. >> and that student can stay in school and what is called a modified quarantine for seven days it up, number one, they ar asymptomatic, they continue to wear a mask and they are tested at least twice during the seven-day period. and they test negative. >> help officials are still evaluating the safety and effectiveness subtest to stay programs. supporters say they prevent the academic and social disruptions that many children experienced during stay-at-home orders. >> thank you. coming up on -- cleanup on aisle 5. a critter, and it is a big one. just when you seen the most adorable thing, this happens. that's in our viral videos next. ♪“i swear”♪ jaycee tried gain flings for the first time the other day... and forgot where she was. you can always spot a first time gain flings user. let me be direct. why would you pay more than double for teeth straightening with invisalign? with smiledirectclub, you get a doctor-directed smile you love for sixty percent less. that's a lot less. like a lot. choose smile. choose direct. ♪ smiledirectclub ♪ we've got this close encounter and california. the 7-11 clerk is screaming at the top from concept to seeing this, a black bear scrolling -- strolling into her store. a of woodland critters using -- a station where emergency workers showed up and escorted him off. nearly 150 firefighters dispatched to fight the fire in colorado. the blaze now consuming more than 130 acres, forcing nearby residents to evacuate. a lot of these folks are stayin at the local ymca hoping to bea in house them. no injuries or damage reported. students at the beach elementar school for on the play, and the spotted a bald eagle trapped in the bushes. the creature had suffered a fractured weighing come injurie near his eye. the marine science center believes that charles, which, b the way, is what the second grade students decided to name the bird, was hit by a car. does look like charles is expected to make a full recovery . >> california highway patrol officers involved in a lengthy hot pursuit. sure what prompted this chase o if it was stolen. this went on for a while. the case came to an end after officers successfully deployed spike strips and conducted a maneuver. the driver, a female passenger, both surrendered. there were no options at that point. if you haven't already, give at two jamaal is 89, a following instagram, the two adorable puppies. if you can see mom here going for a relaxing motorcycle ride, get there -- >> what is your pet's favorite pastime. if you get video, hit us up at shannon bream or are at "fox news at night". as many as 160,000 active-duty military members are struggling to feed their families tonight. exacerbated by soaring food prices fueled by inflation. brian yanez has the story tonight. good evening, brian. >> her husband has been on the army for three years. together they live in fort bragg , north carolina. during the pandemic she's lost her job, making beating her family difficult. her story is not unique and highlights a food insecurity crisis inside the us military. >> it is tricky to be a militar spouse and also to be able to take care of your family. >> as many as 160,000 active-duty military members ar having trouble feeding their families, according to beating america up with about 25% of troops have faced food insecurity in the last year. >> i thought i a minus will giv give it a try. it helped out and it did. >> the armed services at ymca have to start of 3 million pounds of food supporting 55 in the us. experts say modest. for fulbright military members and frequent moves across the country required of military families make it difficult. >> i really think that the biggest contributor of food insecurity is not having that second revenue stream from a spouse that works. and before covid, the unemployment rate for military spouses was 5-6 times the national average. >> his military families struggle, the price of grocerie continues to soar thanks to inflation. the biggest us me company, tyso foods, report of its chicken prices jumped 19%. beef is up 33%. pork prices are up 38% and more price hikes are expected. the ceo told fox business he ha no choice but to increase price due to to supply-chain disruptions and labor shortages. you've got to make a profit after your costs. if you don't, why are you in business. >> there is great outrage over 20 white agriculture department ruled that prevents thousands o needy military families from being eligible for food stamps. >> shannon: we've got to do better. brian, thank you very much. all right, kevin clark is back. booties out there, were talking about donuts. i don't know anybody you does not love them. you might need to check yourself . you know kevin an and idea but there's some cities that have the best donuts. >> when you hear this paul, not everybody likes donuts like we do apparently, but if you do, there are some cities that actually make it a lot easier for you to enjoy the sweet treat . this is according to rent.com. the best city for donuts across america, beginning with -- when you live in the northeast you know how to say what's up. i love that. rochester, new york, providence buffalo, newark, boston, orland is getting a little love along with philadelphia and a shout out to mckinney, texas. >> everything is northeast. it's cultural, though. a lot of people in the northeast , that is their thing, donuts and bagels in the mornin and having lived in the northeast, you go get your donuts. i don't want to throw shade, bu sioux falls, montgomery montgomery, spokane, anchorage, duke at the step up your game. but they did was they plucked a 150 of the most populated citie across the country and they als try to measure the proportion o donut businesses in the city an the don't businesses per capita and don't businesses are density . so i know that you and i both love donuts. but is your favorite kind of donut? >> i like the cake ones. >> blueberry cake or something quick. >> yes, like the blueberry cake ones with the glaze on the outside. >> you state krispy kreme and i love krispy kreme. stop the presses right there. i like that. there's something in the northeast. i guess the atlantic is where w are at now. bacon maple donuts. those maple colored cover donuts , they have a little piece of bacon. >> i can do that too could keep electricity for some fairly targeted, just let us know at which once we should try maybe we will go visit the cities. good news coming out. >> are officials in washington withholding information a breakthrough covid cases and deaths. and how the cut to police funny may be related to -- the lightning round is next. >> this wednesday night fox nation host the third annual patriot awards. just for fox nation's biggest event of the year. this award show matters for the first time ever. sean hannity there and tucker carlson a laura ingraham will take the stage to honor some of our most noble patriots. hear stories from the real heroes all americans should celebrate. watch fox nation awards live by signing up at fox nation.com this wednesday night, america i streaming. when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org >> man: what's my safelite story? 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. ♪ - whether you are a religious person or not, most americans agree that we are facing a severe truth crisis. so many people are choosing their own feelings and limited 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washington, dc, has reached a 1 year high. as the nations capital, they recorded their 190 night, side of the year represented up 13% uptick over 2020. browsers is to say that the cit put in violence interrupter initiatives in hopes of stemmin the tide. the party of all parties at times scare this week -- this year but only if you're vaccinated. bill de blasio think that will be required in order to squeeze into the swarm of revelers. last year the ball drop was virtual. the prime minister first johnso says the definition of fully vaccinated will be adjusted as the uk will give the booster shots. they don't have a timetable for when this will happen. all adults over 40 euros are eligible for boosters. >> critics of the mandate for city employees claim washington state pressed it on path that doesn't support these measures, which of assaulting they say in response, delayed response time and may have even lead led to a recent -- in the pacific northwest, top radio host in the lightning round. great to see you, jason. let's talk about this washingto state information is being released are not being released on breakthrough covid cases and deaths. here's what washington official don't admit that the depth rate is lower than case breakthrough case. they said 1% -- has about 1% depth rate. that means it is incredibly bright become infected file bac stay but likewise it incredibly rare to die from covid whether or not vaccinated so why don't officials say that. what is your beef with the information that they are or ar not releasing? >> they will likely note that breakthrough clay creases a ver low. it's one but 23% here in washington state. they say that because of what the picture of the people are running away from the vaccine and feeling that it is ineffective. i think that is a valid strateg and it is a valid point. breakthrough cases are low. however what they will never tell you is that the depth rate is actually lower than the breakthrough case rate. it's also low. they don't say that. they treated as if you don't ge the covid vaccine, you are goin to killed yourself and kill others almost automatically. about 1% depth rate is actually a 1% survival rate. and i think that is deeply dishonest and certainly disingenuous when they're doing things like that. i think we can have honest conversations about the efficac of the vaccine. i think they can stop treating people like they are and we can actually hear things that don't conflict with each other, even though you might think it would conflict with each other. let's have an open dialogue about what the data says instea of digging through dashboards online and different reports that always seem to get updated but never put in one specific place. i think they are doing this on purpose and they are making it difficult. anytime he said the depth rate is really low, your called an anti- baxter or two-point peopl to get covid. we just want people to have honest conversations. >> i think that people deserve transport information. it's unfiltered the people make good decisions. you have pointed out that this additional -- you've been worried but that's for long time because it's started with losing people on the people on the police force and first responders. now we have a mandate that ther will be more people and you are saying that actually they could be leading to some really tragi results. you're tracking one of these cases. >> there was a story that broke last week and it happened a couple weeks ago where a 13 -year-old kid calls 911 because the thought of as havin some kind of medical episode. and pop firefighters were able to get the relatively quickly, there was an alert put on this address that said they had to wait for police officers to arrive before they can go in because the tenant is someone who has made threats to police and first responders and the pass. unfortunate because of the staffing crisis, officers couldn't arrive between 15 and 20 minutes. now, the firefighters after waiting a long time and this ki called 911 a second time baking for help, they decide to go in. they were able to get in and start resuscitation efforts, bu unfortunately after an hour he ended up passing. now, in the investigation that did, i found out that alert tha was put on the address was wrong . it is actually for a previous tenant. the address was correct but it was for somebody who already moved out. the system that they used to check these addresses to make sure that the notes are up to date, they were only checking i out once every couple years or so. while the process is never goin to be great, the mitigation tha you have is that officers are able to arrive within a reasonable amount of time and unfortunately this wasn't the case here. it ended up potentially leading to this man's depth. and that's the most tragic part of the story. >> shannon: before you go i want to get a comet as we await were going to going to date 2 o the burtis watch into the rittenhouse trial. he said ever since the trial started to establish facts whil they out ottawa democrats and their media allies that 18 months telling the public to believe. they decided to depict the judg as the fascist cheater and racists to prepare people. i guess he's talking about the potential product,. a quick comment from that. >> i think that there's a lot o democratic talking heads and politicians who have been going out of their way to take night race war. they've been doing this since george floyd and they want this kind of division and they think it leads to some fundamental changes in the country that i don't particularly like because it was founded in white suppression and their system of oppression and to be dissent mantle. so they will take advantage in turn everything into a racial issue. the carl rittenhouse -- kyle rittenhouse has nothing to do with race but he shot a thir white person. this is not a racial issue. but they're going to pretend because i know that it works to get the kind of unrest, which they can make news for politica gain. i think it is disgusting. >> it was good to see folks across this issue saying to the community please don't do this . we don't want people to come from outside it is that going t help anybody on any side of thi conversation or this case. we will watch for that jury. thank you, as always. >> thank you, shannon. >> publix supermarket versus a pharmacy over their company log picking customers tell the difference? people tell them to you. that is next. you are the jury. ey will pay ofe so you can keep your current number and your phone! objection! what if you bought your phone at at&t or verizon? t-mobile will pay it off! switch to t-mobile and we'll pay off your phone. now up to a thousand bucks. do you rest? i do - but t-mobile never rests. 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[ joe ] clearchoice has changed my life for the better. it's given me my health back. there's an amazing life out there if you do something for your health now. ♪ my songs know what you did in the dark ♪ ♪ so light 'em up, up, up light 'em up, up, up ♪ ♪ light 'em up, up, up ♪ ♪ i'm on fire ♪ ♪ so light 'em up, up, up light 'em... ♪ your shipping manager left to “find themself.” leaving you lost. 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 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. >> it's time now for confusingly similar. check 'em out. that's how the grocery store publix is comparing an online pharmacy's logo to the iconic green key logo. they're suing pharmapacs. publix says it's been using the letter p with the green circle since 1972. pharmapacs applied for its trademark in 2019. is there enough confusion to confuse customers? david bruno. welcome back, gentlemen. i'm going to put this back up here again as exhibit a so people could see the who logos side by side what we're talking about. take a look there. the complaint there by publix says exhibit b, as a result of their infringing marks, publix suffered and will continue to suffer damage and irreparable harm to its good will and reputation as well as its ability to distinguish its products and services of those of the defendants in the minds of the consumers. david, publix, many of the locations have pharmacies. the pharmapac pharmacies have places in florida and many of the places that publix operates. publix says you've crossed the line. this'll confuse our customers. >> when publix brings this action forth, they have the burden. they have to show it's likely to cause connotation or mistakes. that's important when you talk -- cause confusion or mistakes. that's important when you talk about this. i don't agree. while the font may be the same, the colors are different. whether or not the p closes in. whether or not the p goes and extends out. i see a lot of differences that the pharmacy could make to say, look, you haven't proven this. and what publix is going to rely on is an internal survey of their own customers. i don't think that that gets the burden that it proves what they need to prove in these actions using their own customers. >> ok. let's do exhibit c here. this is from fabric brands dot-com. not commenting on the specific case but it says this, since there are millions of companies out there and only a handful of shapes, designs and colors to use in any standard logo, there's some flexibility in copyright law. there are only so many different shapes and colors and letters that you can use so there's going to be logos that look similar? >> you mean like this and that? yeah, they will look similar and they do. it's not just that they could cause confusion but, look, they're actually marketing to the same people and the same product. who else but our own customers and 50% of them in an independent survey said they would be confused are we worried about? they're basically picking our pockets taking the good will we've achieved and exploiting it to sell their own products instead of ours. >> all right, i want to give you both a chance for a quick closing argument to the jury. david and then harry, briefly. >> this is a font that goes back in history. it's an old font. you know, and to say just because someone uses this same letter and the same font and that's a copyright violation, i disagree. >> that's enough. what do you say, harry? >> you heard the evidence. the confusion is there and that shows. that's the proof of the pudding. what more do you need to know? that shows the violation. >> all right, well, it's now officially on legally between these two. we'll crack it and see what the courts decide or if there's a settlement or someone stops using one of their logos -- it won't be publix -- before this gets to court. harry and david, thank you, both very much. >> always a pleasure, see you soon. >> good news before we say good night. mom, christina, sharing the emotional moment her newborn daughter, riley, heard her voice for the very first time. riley who was born deaf at birth was soon fitted for little baby hearing aids. this viral video went around the world and captures riley going through many emotions as her mother says it's all right as she tears up. it's got to be confusing for this baby. christina says it's fun to share these moments and she hopes people will understand that deaf kids could do absolutely anything. kevin, the first time i watched this, i was in tears. >> come on! you got a little misty, didn't you? >> i did, over the sweet, little baby. >> i love that stuff. i always do. we say in the nation's capital, good news, good night. that's where pamembers of the greater cavalry holy church helped 250 drivers get gas in their vehicles on saturday. ghcmc called it gas on god. they put $20 toward gas for hundreds of customers and i should mention this, too, eight people apparently gave their lives to christ in the process. good news, from the good book and the folks over there at that church and good news and good night to lindsey. >> i love that because we're supposed to be the hands and feet as a church. >> that's right. >> and people really are suffering and filling up the gas tank for people is really more expensive than ever right now for people. that's showing up in a concrete way to help people. i love to see it more of that, please, i love it. that is it for us from washington. see you back here tomorrow. i'm shannon bream. ♪ want your clothes to smell freshly washed all day without heavy perfumes? 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