threat tag. >> dana: questions about attorney general merrick garland's testimony last month and whether he was being completely honest. mike emanuel starts off our coverage live in washington >> top republican on house judiciary jim jordan offering this assessment of mer i can garland. >> he either lied to us or doesn't know. either one is bad for the country, bad for justice in america. i cannot imagine any circumstance where we treat parents or give them the label of domestic terrorist but in fact the day before as you pointed out, the day before an email gets sent out to agents across this country saying the opposite. >> he says republicans on house judiciary have received an email dated october 20 referencing a new threat tag created by the f.b.i. criminal divisions and directs f.b.i. personnel to apply the new threat tag to all investigations and assessments of threats specifically directed against school board administrators, board members, teachers and staff. the october 20th email talks about scoping this threat on a national level and providing an opportunity for comprehensive analysis of the threat picture for effective engagement. house judiciary republicans say it's evidence that federal law enforcement put counter terrorism tools in operation at the behest of the national school board association. the nsba asked president biden to use federal tools including the patriot act to target parents. five days later garland directed the f.b.i. and other d.o.j. assets to a disturbing spike in harassment and threats of violence at school board meetings. here is garland on capitol hill the day after that email was written. >> i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children nor can i imagine a circumstance where they would be labeled as domestic terrorism. >> republicans say garland has some explaining to do. >> dana: a big issue. >> bill: democrats in congress pushing forward with their multi-trillion social spending plan as we wait the cbo report on how much they project it to cost. david spunt live from the white house begins our coverage from the north lawn. hello. >> good morning to you. president biden going to be touting his build back better plan he still wants to turn into law talking about the climate. he will head to detroit, michigan, this afternoon to go to a general motors electric car facility to talk about a future without oil. this visit, bill, comes as all of our viewers know as gas prices continue to increase. you can see 3.41 the national average versus 2.12 one year ago. add that onto the chip shortage making cars scarce and spells problems expected to last a few more months at least. chuck schumer is pushing president biden to tap into the united states oil reserves to help lower those gas prices. these reserves are strictly for emergencies. schumer says now is an emergency. the white house bracing for friday when a congressional budget office is expected to release for the build back better bill estimated by the white house and democrats in congress to be 1.75 trillion. but the cbo will give a more retailed number. >> talking about a bill that's fully paid for it is important it be fully paid for. let's be clear, if it's not we have to understand that and understand what the long-term impact on our nation's debt is. >> interesting move yesterday. you don't typically see a spokesman andrew baits at the white house yesterday down playing the cbo's ability to properly score this. >> they are diminishing the results. they know the cbo score will show us what we already knew. not 1.75 trillion closer to 4 trillion. what it will do to inflation if it will make it harder to make ends meet than it already is for most americans. >> arguably the most powerful person in the senate, the one holding all the negotiation cards now because of the tight margins joe manchin from west virginia moderate democrat continues to express concern about build back better and the impact on inflation. house speaker nancy pelosi is instructing all members to stay close, stay close by in washington may have to miss thanksgiving. the hope is to pass build back better before. we'll find out the cbo score in two days on friday. >> bill: turning the screws, right? math quickly here now since the start of the pandemic. early 2020. congress has spent close to 7 trillion dollars and that doesn't count the bbb price tack which is said to cost 1.8 trillion but could run as high as 5 trillion dollars. cbo expected to release the score on friday and we'll stay tuned for that. a couple of things to go over. >> dana: one thing, every president if they're worried about a cbo score will try to work the refs. it is nonpartisan but they can be political if you think about what happened during obamacare. they came back at the last minute and gave them enough of what they needed to get it past. they don't have big margins now. >> bill: "new york times" wrote build back better can be deemed paid for if one embraces budget gimmicks. initiatives will be allowed to expire in a few years which is not the case. front load spending while tax revenues ariesh only over a decade. who he says at the end of that piece is you have to look for more revenue sources and that means raising taxes. >> dana: and then you had jen psaki tweeting why when americans are seeing higher prices are republicans united a bill to lower core costs? she says the answer is they're rooting for inflation. that is the opposite. you just heard jim banks say ot kudlow's show last night the american people are concerned about inflation and all this money. >> maybe it gets punted to the next year. >> dana: they won't miss thanksgiving. come on now. that won't happen. we're watching the kyle rittenhouse jury. they requested pages 1-6 of jury instructions and asked for the remaining 30 pages later in the afternoon. let's bring in jonathan turley. i don't know if there is a lot we could imagine what is possibly happening in the jooury room. i would say one thing they're being very careful and deliberative and going through the jury instructions and making sure they have it exactly right. >> that's right. i said monday i didn't think we could expect a jury decision any earlier than wednesday and even that would be relatively quick. this has been a long trial. there are five counts. there are almost 40 pages of jury instructions. it takes a while to plow through that. jurors try to get this right. this is following a fairly expected pattern. it is notable the first thing they asked for were the instructions on self-defense. they're right. that will be the center of all of their deliberations. >> bill: kind of the nut of it, right? they asked for pages 1-6. i thought the jury instructions that the judge was reading the other day struck me as very long. am i wrong or is that just the way it goes in a complicated matter? >> jury instructions are the bain of everyone in the courtroom. even rittenhouse who is facing his whole life in the balance of this trial was fighting back yawns. it must be pretty bad when the guy who is really on the bubble is fighting to stay awake. that is very common. these instructions do go long. this is a little longer than i think they needed to be. these are pattern instructions. but the judge largely stayed with the recommended instructions for that state. it was the defense that said they didn't want to reduce the instructions because the judge suggested that they might want to cut this back a bit. the defense wanted for each of these key components to have the language repeated to the jury. the concern about the defense they'll look at the instructions and make sure the jury gets the full language when they do that. it is like invading russia in winter. it takes a long time. >> dana: i want to ask you one thing. while rittenhouse and his attorney were pulling the names out of the tumbler to determine who was on the jury, you could hear the protests from outside. you could hear them in the courtroom. i am assuming the jurors can hear them outside as well. i am not saying it would cloud anybody's judgment and something that might be on their minds? >> it can. it raises the question whether they should have been sequestered. even in the courtroom you can't protect them from that type of noise. they know about the controversy. they know about the threat of protests. and you can't keep them bubbled away from all those influences. i didn't like that moment by the way when the judge allowed rittenhouse to pull those names. that seemed to me more recreational than legal. >> he has been doing it for 20 years in his courtroom. >> yeah. he is more of -- i think he has been treated unfairly. his decisions for the most part have been right in the middle, right down the line. i don't expect he has committed a reversible error on any of these issues. he has gotten a lot of criticism for no reason. i don't like having the defendant play that role. i prefer having the clerk do it. >> dana: i can see that. we'll stay on it today. we'll see you throughout today and whenever the verdict comes back we'll bring it to everyone live. >> bill: in a moment new drone video exclusive from the fox flight team on the border showing hundreds of migrants on a day-to-day basis including a rising number of unaccompanied children. we're back live at the border to let you know what's happening. >> dana: the gulf between progressive and normal democrats growing wider. the president's agenda hangs in the balance. chris christie has thoughts on that and how republicans can seize the chaos to chart a new path forward. he will join us live in studio next. veteran homeowners- with home values at all-time highs and rates at near all-time lows now's the time to do more with your home equity. veterans are calling newday at a record pace to take advantage of the newday 100 va loan. you can borrow up to 100% of your home's value to upgrade the kitchen, add a pool for the grandkids, or have the security of cash in the bank. with an average cash out amount of $60,000, you can do more. what's strong with me? 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>> independents went big for jack ciattarelli. independents went big for him. what you are seeing across the country among independents joe biden ran as a centrist uniter. that's what he was going to do. he is governing like fdr. they have buyer's remorse. he lied to us. he lied to us when he said he would be a centrist and unifyer. i think what they're saying on the hill i want them to keep trying to push this stuff. the more they push it the bigger the losses will be in november in my mind. we need as a republican party to not be making the same mistake about talking about the wrong things. we need to be talking about the future, we need to be talking about crime, jobs, education, inflation, and what rur prescriptions are for all that. >> dana: "the new york times" said democratic socialists need to take a hard look in the mirror. time to recognize our belief might not be popular enough. it does no favors to pretend otherwise. the democrats can't say they weren't warned, right? you can pick up any newspaper. liberal leaning pundit saying wait a minute. at the white house they aren't saying that. they are pushing even harder and it's so strange. >> they hear the clock ticking. one on their majority in congress and they feel like if we don't do it now we never get a chance to do it and the clock ticking on joe biden's presidency. there is no chance this guy is anything but a one-term president. all this malarkey that he will run in 2024 i would willing to bet every dollar i have and why you are seeing desperation. >> bill: what is your thinking about their philosophy, they being democrats in a case like this where 11 years ago they passed obamacare and nobody predicted they would lose 63 seats in the house. they thought they would take a beating but not 63. but it was more important to get the law into the books and some of these programs right now are considered to be the same way. do you believe that's the play among nancy pelosi and others but maybe not the moderates within the party? >> that's exactly the play. you read it perfectly. here is what happens in our country and dana knows it from her time in the white house. when you give people something it is hard to take it back. so obamacare was given and they lost 63 seats but obamacare is still here even when we had majorities. >> bill: they get the majority back and they're willing to bite the bullet on that. you are saying pelosi and others are willing to do the same. >> dana: continue to grow. the bills they were trying to pass there is more money for obamacare subsidies. i want to ask you one other thing about new jersey. it was so close that jack ciattarelli could have won. not a lot of attention and the pollster from monmouth who did the poll that dampened everything for the jack ciattarelli campaign said we really screwed up. is that common in new jersey and do you think it is replicated across the country? >> yes to both. patrick murray is a democratic hack operative who is disguising himself as a college professor at a liberal university and his polls -- >> bill: he is at monmouth university. the poll in new jersey, correct? >> by some people. >> bill: i think he had the race at 10 points. >> 11. the wednesday before the election. wound up being a 2 1/2 point race. he said afterwards trump voters won't speak to me and why my poll is wrong. tell us that when you put the poll out when it's 11 points but i didn't speak to trump voters. if you were honest -- i will tell you, if you put jack ciattarelli it dampened his fundraising and enthusiasm who thought the race was over. i think it's being done in a partisan way. no doubt in my mind. i had to deal with the partisan monmouth poll for eight years when i was governor. >> bill: what do we learn about your relationship. >> good friends tell people the truth. i told donald trump the truth on election night and after election night the election was lost and you can't say something was stolen unless you have the evidence to prove it. that's the prosecutor in me. you can't bring an indictment if you don't have the evidence. he has never had the evidence for that. when he talks about all this stuff talking about grievances and vendettas it drags down our ability to -- the liberal policies to try to put into effect. i want republican on republican violence to stop. i want us to stand up against what the democrats are trying to do. they pass this bill it will be nearly impossible for us to reverse it no matter what happens. so we need to be focused on the future, not the past. and he is my friend. i was the first one who endorsed him. >> bill: he is part of the future? >> he can be if he wants to be. he has to talk about the future. if all you want to do is talk about 2020 and not present evidence to back it up, which he hasn't done now for a year you can't be part of the future. but his ideas, many of his ideas as president were very good. i supported him. i was the first one to endorse him. first elected official to endorse him in 2016 when i got out of the race. i chaired his transition and played joe biden and hillary clinton at the debate. but good friends like that have to tell people the truth. the truth is we need to move forward and come together as republicans to stop joe biden and the liberals. >> bill: you spoke to him last when? >> around christmas last year. a year almost. >> dana: congratulations on the book. i read it. very good. good storyteller. page turner. is the balance in power about the shift as more democrats say they aren't running for reelection in 2022. reaction from former wisconsin congressman sean duffy coming up next. >> garland said we would never treat them like domestic terrorists. that's what the left wing groups wanted. garland said we won't do that. now we know the counter terrorism division has been tracking parents. >> man: what's my safelite story? 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>> not that i'm familiar with. >> there is no real threats coming to skol boards but for speech which is protected in the first amendment. this just underscores what a non-issue this is. but also dana brought up this point. i think merrick garland isn't being truthful with the american people and congress and jim jordan asked listen, he should come back and retestify and answer some questions when we have the leak. the first leak we've seen from the biden administration. it is one thing when you are all on the same page to keep a tight lid on everything that's happening inside. you are going after parents. there are parents in the d.o.j. and f.b.i. and everywrn that look at that and say if i disagree you'll call me a domestic terrorist? i think you'll see more leaking and pushback not just from congress but everyday americans who serve inside the government in high cap -- capacities that don't like what is happening. >> bill: they wanted to chill the opposition at skol board meetings. tell us about the book. dana, i recommend dana's chapter. she recommends mine. >> dana: also i want to read jesse watters chapter. >> if you want to go back to cincinnati, ohio and bill hemmer christmases are in the book. dana talks going from wyoming and white house christmases. we have a bunch of fox news talent christmas stories. we love christmas and feel like there has been an attack on chris miss. what better way to celebrate christmas than bring the stories people have. we see you and get to know you. what a great way to get to know you in a different capacity. the stories that come from your youth. we share recipes, pictures, >> dana: best recipe is my sister's chex mix recipe. and my mom's recipe, too. >> it's a great gift. get your shopping done early. it was made in america. produced in america by all of you. you have no supply chain issues. >> bill: thank you, sean. number one. talk soon. fox nation going all out patriots awards are tonight. the ceremony takes place at the hard rock live in hollywood, florida. pete hegseth, a whole lot of person amounts set to appear to celebrate everyday heroes. the awards will stream live at 8:00 eastern. don't miss that. >> dana: jack -- is announcing she will not seek reelection next year. aishah hosni is live on capitol hill. she might not be the only one that announces this in the coming months. >> a lot of predictions more will follow. it is getting a lot of attention on the hill as democrats desperately try to push the president's massive spending plan through while they can and still have the majority in the house. take a look here are the 14 democrats ditching the house. many have said we want to spend more time with family. but the pattern combined with the major loss in virginia pointing to long haulers jumping ship before they are expected to lose the mid-terms. according to a recent poll 51 percent of response dents said they would vote republican if an election for the house was held now. a 10-point lead over the dems and the highest lead in the 40 years the poll has been around. democrats say don't make too much of the retirements. democrat caucus chair jeffries said it is totally normal during a redistricting year. >> this is to be expected. i don't believe it has anything to do with our prospects in 2022. we are going to hold the house and grow the majority. >> kevin mccarthy predicting there will be even more retirements with all eyes now on house speaker nancy pelosi who has indicated in the past that she would not run for speaker again. >> speaker pelosi has called this tax and spend bill the culmination of her career. she said it just a couple of weeks ago in this very room. based upon the number of democrats jumping ship this may be the culmination of many congressionals careers. every week a new democrat announces their retirement. >> on the senate side one democrat announcing that he will retire as opposed to five republicans. dana. >> dana: senator leahy in vermont. >> bill: a top u.s. defense official issuing a new warning. will china's hypersonic missile capabilities be used to launch a surprise attack on the u.s. william mcraven is with us live with his reaction on that. stay tuned. plus there is this from tuesday. >> who do you think is more deserving of cash payments from the united states government. illegal migrants who cross our borders or the family of u.s. soldiers who are killed in action? >> dhs secretary facing questions from republican lawmakers and possible payments for separated migrant families. texas commissioner george c. bush is here to weigh in in studio when we continue next. ♪ ♪ ♪ ♪ your record label is taking off. but so is your sound engineer. 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 bogeys on your six, limu. they need customizedescription. 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. ♪ >> dana: mural bowser will lift the indoor mask requirement next week. white house spokesman tells fox news the administration will stick to the status quo saying quote the white house follows cdc guidance that recommends masking in areas of high or substantial transmission. 73% of eligible d.c. residents are fully vaccinated. i will tell you something. if the white house were to provide an off ramp ever mask mandates, mask guidance their approval rating would go up 4 to 5 points. take it. give everybody 4 to 5 points starting with the planes. >> bill: whether dc or new york. other parts of the city are fine. my part of the city you have to wear a mask. ted cruz yesterday on the hill. watch. >> we pay millions of dollars to illegal immigrants in your professional judgment will we get more illegal immigration or less illegal immigration? >> i do not think it would be a pull factor. >> >> bill: austin texas, the land commissioner and candidate for texas a.g. george p. bush joins us live in studio. nice to see you in person. what kind of -- >> people are upset and eye rate. the biden administration along with secretary mayorkas continue to chip away at law and order and our way of life in the state of texas. we feel it is some way to try to build political sympathies in the hispanic community. i'm here to tell you it has resulted in republicans turning overnight along border areas because they're sick and tired of taking the migrant caravans every month and with close to 2 million apprehensions estimated this year we need an administration to do their job and have a sense of urgency to enforce the law. >> bill: i don't think we get a sense what the impact has been on these border towns in texas. you have the texas democrat who crossed lines just this week. what is he up against? >> he is a good friend in the state house and comes over to the republican party. president trump carried five state house district seats that are held by democrats. we suspect more democrats will come out of the republican party because of border security and second amount rights. in border towns i talk to democrat county sheriffs and judges every day and never more embarrassed by their president than now. they are left behind. going back to the haitian migrant caravan crisis the county judge there is a democrat. this administration fails to -- posting people in hospitals and schools. it is lawless. >> dana: what is happening in massachusetts, for example. they would not be this callous about it. it doesn't make sense politically for them. the piece saying the border crisis has president biden's presidency on the edge. when the voters give an even house they don't give him license to make broad changes on a borderline vote to immigration policy and important to texas, anti-energy policy. look at this list of all the things that happened on day one canceling keystone. rejoining paris climate agreement and that's leading directly to higher gas prices, higher heating costs. you take those two issues, immigration and energy, could you see more democrats voting for republicans in 2022? >> absolutely. we're seeing that in new jersey, virginia and i think there will be a huge backlash and tidal wave for republican causes not only throughout the country. >> dana: have people lost jobs in texas over the energy piece? >> absolutely. that's why i'm in the courthouse in wyoming on the freeze on hydraulic freeze in federal land. an estimate in texas according to the oil and gas association we'll lose over 200,000 oil and gas jobs because of the harmful policies of this administration and yet begging opec and russia to produce more when we can be producing here and creating blue collar jobs for americans. >> bill: you are running up against ken paxton during the primary. march of next year. why do you believe this administration has been so cavalier about the issue of immigration? we're getting a number we could have two million apprehensions in one year. >> i think this is an anti-texas thing. president biden has never been to texas. kamala harris when she came to el paso. i think we looked it up 40 years of public service he has never been to the border. when you look at kamala harris's trip she spent more time in the air than visiting and talking with border patrol officials. this is a political game. retribution against the state of texas. we refuse to stand for the policies and beto. >> dana: does he have a chance this time? >> that dog don't hunt in texas when you talk about taking away guns and tearing down the border wall and defunding the police which he is on record for saying. >> bill: thanks for coming in today. we'll follow you and see what happens. thank you very much. >> dana: a big story next hour. jurors set to begin the second day of deliberations in the rittenhouse trial in nine minutes. britney spears speaking out for the first time since she has regained control of her life. what she is saying. you borrow 100% of your home's value. remodel the kitchen, consolidate debt, pay off big bills or save for retirement. newday is holding the line on rates. with today's high home values, turning equity into cash is a really smart move. people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. going to tell you about exciting medicare advantage plans that can provide broad coverage, and still may save you money on monthly premiums and prescription drugs. with original medicare, you're covered for hospital stays and doctor office visits. but you have to meet a deductible for each, and then you're still responsible for 20% of the cost. next, let's look at a medicare supplement plan. as you can see, they cover the same things as original medicare, and they also cover your medicare deductibles and co-insurance. but, they often have higher monthly premiums and no prescription drug coverage. now, let's take a look at humana's medicare advantage plans. with a humana medicare advantage plan, hospital stays, doctor office visits and your original medicare deductibles are covered. and of course, most humana medicare advantage plans include prescription drug coverage. in fact, in 2020 humana medicare advantage prescription drug plan members saved an estimated $8,400 on average on their prescription costs. most humana medicare advantage plans include a silversneakers fitness program at no extra cost. dental, vision and hearing coverage is included with most humana medicare advantage plans and, you get telehealth coverage with a $0 copay. you get all this for as low as a $0 monthly plan premium in many areas. and your doctor and hospital may already be a part of humana's large network. if you want the facts, call right now for the free decision guide from humana. there is no obligation, so call the number on your screen right now to see if your doctor is in our network, to find out if you can save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. >> dana: the team formerly known as the cleveland indians are the guardians. team announced the name change earlier this year. the name has already taken by the local roller derby team. the two sides had it out. settled the dispute. the city has two sport franchises by the same name. >> bill: you don't hear about roller derby much, do you? >> dana: they're making a comeback. >> bill: here is britney. we said that. >> i honestly think you guys saved my life in a way 100%. >> bill: you can't keep her silent, right, dana? speaking out in a video. first time since the judge ended her conservatorship last week. jonathan hunt with details. >> hello. instagram is the way of the future and present. a long time since we've heard from britney as a free woman, of course. for more than oh decade her occasional instagram posts have been cryptic. not anymore. having been released that the judge decided was a toxic conservatorship the multi-millionaire pop star is speaking her mind and celebrating her freedom. for now at least that seems to mean just enjoying the simple things. >> being able to have keys to my car, being independent and like a woman and owning an atm card and being able to buy sandals. it is the little things for us women but makes a huge difference. >> britney thanked her fans for keeping her going through the 13 years of a conservatorship that control her finances, medical treatment, without the free britney movement she might not have made it. >> because of you guys and the awareness of knowing what was going on and delivering that news to the public for so long you gave it voice to all of them and because of you i think you guys saved my life in a way 100%. >> as for her future britney did not say whether she plans to record new music but she did say she is going to have a good christmas and a good year. after everything she has been through, no one would begrudge her those things. >> bill: she is buying, right? jonathan hunt in l.a. thank you. >> dana: day two of jury deliberations in kenosha, wisconsin, as we await a verdict in the kyle rittenhouse trial. welcome to a new hour of "america's newsroom." >> bill: jury ending its first day of deliberations, no quick verdict after two weeks of testimony. emotions are running high outside the courthouse. wisconsin's governor urging peace no matter the outcome. 500 national guard troops on stand by just in case. it appears the jury is taking time to cover all of its bases. >> jurors are very faithful to their instructions. they try to get this right. it is notable the first thing they asked for were the instructions on self-defense. that's their right and that will be the center of all of their deliberations. >> bill: full coverage throughout the trial on fox. andy mccarthy ahead with legal analysis. alexis mcadams outside the courthouse to let us know what's happening today. >> big day here in kenosha, wisconsin for the high profile case of the kyle rittenhouse trial and tensions running high. we saw protestors gathering outside of the courthouse yesterday. these seats were empty as the jurors were deliberating. the judge dismissed the 7 women and 5 men chosen for the night around 5:00 in what some people saw as a shocking twist kyle rittenhouse pulling these names out of a wooden barrel at random. the family says it was a lot of added pressure but they're confident about the outcome. >> that was pretty difficult for kyle. he mentioned it how strange a feeling it was. he was clearly defending himself. no doubt about that in that -- [inaudible] >> he is on trial for killing two men and shooting three. the jury deciding if kyle rittenhouse was defending himself that night or if he is responsible for provoking the shootings. protestors from both sides at the courthouse an ear shot away from the courtroom. >> with this case in particular, kyle was in self-defense. he was being chased. >> tensions are high. there is a possibility that the murder could be let off. >> right now 500 national guardsmen on stand by nearby while the city and surrounding cities prepare for a verdict in this case. homeowners finding unique ways to protect their family this time. kids live here. hanging outside this home near the courthouse. >> just hoping it means something to someone and they won't bring the craziness this way. >> deliberations will begin shortly for day two in kenosha. he faces up to life in prison if convicted of the most serious charge against him. >> bill: we're on stand by in new york. back to you shortly. >> dana: let's bring in andy mccarthy, fox news contributor. i was struck by the sign alexis just talked about. kids live here sign outside. hoping if there is violence that house would be spared any sort of violence. i also noted that the judge in this case has received death threats against himself and his children. perhaps that's normal, andy. you tell me. i don't know if the tension is higher here than we've seen in a long time. >> i think unfortunately, dana, the world we live in with social media which invites people to act on their worst instincts anonymously that encourages them to do this sort of thing. it is a sign of the times. >> dana: let me mention this. i just checked. in the o.j. simpson trial that jury deliberated 4 hours. chauvin 10 hours for two days. anything that can be gleaned from that today? >> this is a strange case, dana, in that most cases that go to trial have factual disputes that the jury has to work out. so we usually get a window into the deliberations. they'll send notes asking for read backs of testimony. in this case the facts are pretty clear and what we're down to is a real hard legal dispute over whether this amounts to self-defense or not. and as john turley pointed out from the very beginning of the deliberations the jury has had the judge's legal instructions particularly instructions on self-defense. they may be working very hard and i agree that most of the time juries are very diligent. we may not get the usual window. by having the judge's instructions there they may have everything they need to argue among themselves how the case should come out. >> bill: what do you think about jury intimidation? the crowd outside and hear them inside the courthouse. not a good look. if i were a judge i would want to protect them from that. what is your view on it, andy? >> i'm worried about it and been worried about it. it is not just a matter of what's going on outside the courthouse which is egregious and worrisome but we spend a lot of time covering the chauvin case. it was during the covid protocols and really there weren't spectators in the courtroom. i thought to the extent we had cameras they were very stationary and set rules what they were allowed to cover. in this case it has been much more like pre-covid times. there have been spectators. we know there have been people in the courtroom who have been staring at the jurors, checking out the jurors. the cameras are moving around which i think could unnerve the jurors in the sense if they have video of what they look like that could be broadcast to the public. they don't know exactly how it is being used. they aren't supposed to be looking at publicity about the case. it is not just what's going on outside the courthouse and the judge is not sequestering them and letting them go home and come back. they get some exposure to what's going on in the community. >> dana: can i ask you something on that? in any ways not just this case. could the jury not being sequestered be grounds for an appeal from either side? >> it can be ground for an appeal. it would be highly unusual unless there is some concrete fact that they can articulate that there is evidence of which is something that you could hang your hat on about intimidation. the chance of getting a reversal on that ground just because there was an atmosphere of intimidation is unlikely. >> bill: thank you for your time. good to get your analysis. we have you on stand by, you and turley and everybody else. >> dana: you can't even walk the dog today. stay right there. >> bill: nice to see you. there are five counts, dana, three of the five if you get charged with that felony up to 60 years in prison. serious stuff. see what the jurors say when it is time >> dana: also this. this is yours. >> bill: the surge in the nation's southern border continues to grow at an alarming rate under the administration of joe biden. hundreds of migrants arriving in the rio grande valley in a daily basis and uptick in unaccompanied minors. lehoya, texas. what have you found today, bill? >> good morning. hang with us one moment trying to get the audio here. i know this is important stuff. hang with me one moment, bill, maybe we can reestablish that audio perhaps. you were the one telling us yesterday you had about -- >> dana: we can hear you now, bill. >> bill: 65,000. apprehensions in october. we could be on track. hang on. could be on track for 2 million for this year. which is an unbelievably unacceptable number. back to bill with his report in la joya, texas. good morning. >> hopefully the audio is working. we had another large group of migrants. we'll go to the video now. look at the video we shot earlier this morning. we had another large group of migrants cross here this morning. look at the video we shot. as soon as we got out here once again we see large groups of families walking down the road after crossing illegally into texas. it was an area that was having a border wall being built a half mile got up before biden halted construction. it is a free for all out here. there was a group of at least 100 that turned themselves into this park here. mostly families and a lot of unaccompanied teens and minors. the sort of thing we're seeing out here every single day. back here live we linked up with a woman a couple of nights ago. the founder of women fighting for america. a group that throughout the border crisis goes to different parts of the border and works with law enforcement. they have an incredibly sophisticated drone worth tens of thousands of dollars that has every gadget you can imagine and help track down runners. look at the video we shot with them in la jolla the other night. didn't take long to find runners. it has thermal imaging. 5 to 6 guys zipping through the brush after swimming across the rio grande. with all the perks it has we can see them like it was daylight. see them running through the brush. the drone has gps coordinates. that group relayed the coordinates to border patrol and horse back agents and agents on foot immediately got to that area. surrounded those migrants. some tried to swim back to mexico. every one of them ended up being apprehended with the help of the drone team. we talked about why she is doing it. she is a mom with two kids and with all the fentanyl flowing across the border she wants to help any way she can. >> drug trafficking has gone up over 450 something percent. that's a lot of drugs coming and flooding into our streets. as a mother of two young adult boys, that hits me really hard at home. this is coming to your streets. this is in your neighborhood. the drugs don't just stay at the border. within 42 to 72 hours they're in cities all across the united states. >> we mentioned all those family units who show up in la jolla turning themselves in. they believe they have a chance at being released into country and right to believe that. just yesterday mayorkas told the senate judiciary committee during fiscal year 2021, 350,000 illegal immigrants were released into the united states. he also told that committee if he were to grade himself he would give himself an a for effort during this border crisis. send it back to you. >> bill: something else. we watched it. thank you for hanging in there. great information in la joya, texas. you talk about the overdoses of fentanyl. crossing the a.p. wire get this out of atlanta. u.s. health officials say for the first time 100,000 americans have died of a drug overdose in one year. >> dana: many of those are fentanyl poisoning. >> bill: sure is. you don't know what's in it. it only takes one. >> dana: bill spoke to the woman saying it is coming to your neighborhood. the drugs go all over the country within 48 hours. >> bill: you think how long and tried to get it out of our communities and it's back. >> dana: agents were directed to use counter terrorism measures to track parents critical of their school boards. >> what you see is that they are drawing up lists of crimes. saying is there any crime that we could go after these parents for? anything we could prosecute them for? federal crimes we're talking about. why is the patriot act being used against parents? >> dana: is this part of a widespread attempt to silence parents? martha maccallum will join us in a bit. >> bill: also nearly 300 americans stranded in afghanistan under taliban rule as president biden abandoned them for good. we will put that question fora general. >> dana: the president on the road in michigan touting the infrastructure plan. michigan congresswoman debbie dingle joins us next. bigger kia swimming pool for the grandkids, or a backyard deck. your va home loan benefit and the newday 100 va loan make it possible. by borrowing up to 100% of your home's value you can take out up to $60,000 or more. with home values at all time highs, now's the time to call. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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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. 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. >> dana: president biden visiting the a gm electric vehicle plant in michigan to tout his infrastructure plan and a future without fossil fuel. it comes as the price of gas is skyrocketing. the president argued the social spending bill would stem the cost on everyday goods but not everyone is buying that. jeff paul is live in detroit with the latest. hi, jeff. >> dana, in the short term democratic senators like chuck schumer want the biden administration to tap into oil reserves to help lower the cost of gasoline. in the long term president biden believes the future of lowering energy costs kind of stems from places like this. this gm factory, general motors factory in detroit. one of their factory zero assembly plants which is a big part of gm's future fleet of electric vehicles. without the proper infrastructure to charge the vehicles hitting the roads it makes it tough for the technology to prosper. he is here to celebrate that his bill installs 500,000 charging stations across the country. the idea is to have a frequent amount of charging stations like we see with gas stations. the president the day before was in new hampshire talking about how the investment in things like charging stations, new roads and other elements of infrastructure will only help families in the long run. >> president biden: it will lower costs for you and your family. we'll start by replacing 100% of the lead water pipes in the united states. >> president biden is set to arrive here in detroit later today. he will tour this factory right here, the factory zero-g m assembly plant and reportedly set to test drive one of the new 2022 gmc hummer pickup trucks and talk with some workers. >> dana: hummer pickup truck. >> bill: get us two, will you, jeff? thank you. while the president is in michigan speaker pelosi is in d.c. pushing for a vote on the spending bill. the cbo won't offer a final price tag until friday. build back better is the last of a long list of trillions of dollars over the last 18 months. if the bill is past we look at a total of 8.6 trillion. >> dana: you had to swallow. that's a lot of money. >> bill: i want to bring in debbie dingle, michigan congresswoman. cbo is the big headline on friday if it comes out. this as the white house deputy press secretary on the whole cbo score. roll it and we'll listen. >> there has been wide agreement on the part of everyone involved that cbo does not have experience analyzing revenue amounts gained by cracking down on wealthy tax cheats taking advantage of every honest tax. >> bill: if he is right i don't know what the number is. how will we get around that? >> well good morning to both of you. look, here is the reality. i really think we've made very real strides. we are getting ready to go into thanksgiving week next week. remember a year ago we couldn't be with our families and friend and scared to death. we passed the american recovery plan. got shots in people's arms. gave people support when they were scared. this week we signed the infrastructure bill. we need that bill. democratic and republican presidents have tried for decade to get money to fix our roads and our bridges and yes, the president is going. i'm excited to welcome him back and see him drive a truck. i'm happy. the american people realize electric vehicles still have the performance of an internal combustion engine, cost less, same performance. clean up the economy. we've avoeded the drama of capitol hill that i'm proud of. ceo and auto workers and others and environmentalists came together and talked about concerns and together said we have to transform the future and that's what we'll celebrate today. >> dana: going forward it feels to me there is a lot of drama on capitol hill on both sides within both parties. just to be clear. the congressional budget office considered nonpartisan a thorn in the sides of most presidents, i know that. the white house is suggesting this cbo does not have experience to be able to give a correct score. the score matters a lot. house moderates and senator joe manchin looking at it closely and it could stall build back better. with your experience do you think cbo is qualified and experienced enough to make this call? >> you know, i've worked with people that have headed the congressional budget office. they've been wrong and right. i always say it's a snapshot in time and gives you guidelines. a lot of other economists and institutions doing studies. i know the moderates want to see what they'll be told about this and they have oh right to expect that and make their decisions. economists that we respect who say the bill will be paid for. what i know we need the programs that are in. the infrastructure bill and build back better. it is paid for. we are increasing taxes. not on anybody who is making $400,000 or less but on those that aren't paying their fair share right now. our tax code lets corporations locate overseas and not pay taxes. how many major corporations do we have not paying anything? we'll pay for it by going after people that should be paying their fair share. >> bill: one last question. there was i guess you call a virtual chat with president xi of china the other day that lasted three hours. some accounts 3 1/2 hours. but yet the president did not bring up the question about the origins of covid. are you disappointed by that? >> look, i want to know what happened how did covid get there. i'm one of those people that wondered what happened inside the lab. i don't know if a conversation again the two would have gotten any answers. i hope we don't give up trying to find answers to that question. >> dana: congressman debbie dingle. you have your hands full and a presidential visit to deal with. >> happy thank giving. >> dana: thank you. some fentanyl dealers are facing murder charges if drugs they sell result in the death of others, the growing trend ahead. china's military -- retired admiral william mcraven joins us and the patriots awards are tonight at 8:00 p.m. eastern on fox nation.com. ♪ christmas music ♪ ♪♪♪ ♪♪♪ if your dry eye symptoms keep coming back, what?! no! over the counter eye drops typically work by lubricating the eyes and may provide temporary relief. xiidra works differently, targeting inflammation that can cause dry eye disease. it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you are allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra wait 15 minutes before reinserting contacts. ♪♪♪ this holiday, ask your doctor about xiidra. umph! veteran homeowners, ask your doctor about xiidra. newday's rates have dropped again. it's time to refinance. newday's low rate refi offers their lowest rate in history. two and a quarter percent. just 2.48 apr. save thousands every year and there are no upfront costs. not one dollar. the newday low rate refi. take advantage of these record low rates so you and your family can save. 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[ marcia ] clearchoice dental implants gave me the ability to take on the world. i feel so much better, and i think that that is the key. >> man: what's my safelite story? the ability to take on the world. 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. ♪ >> dana: fox news alert. 10:30 on the east coast but 9:30 a.m. in kenosha, wisconsin. the jury will start a second day of deliberations. we'll monitor it all day and bring you the very dikt -- verdict as soon as we have it. >> some california d.as are wanting to charge drug dealers with murder. 100,000 americans have died from drug overdoses in one year. the first time we have ever hit that mark. christina coleman live in l.a. for more now. good morning. >> good morning, bill. we spoke to some parents at the heart of the fentanyl crisis about prosecutors beefing up charges against drug dealers. they lost their 29-year-old daughter and her boyfriend last year. they are raising her 5-year-old daughter. charging drug dealers with murd and fentanyl related deaths is a step in the right direction. >> something needs to be done. my daughter, my only child is gone. i'm thankful that i have my granddaughter. it's a little piece of her that keeps me going and gives me purpose. >> prosecutors from orange, riverside and san bernardino counties in california announced they are increasing the charges to murder against some drug dealers to stop this mounting crisis. nationally opioid overdose deaths from illegal fentanyl are at an all-time high. 70,000 in 2020. here in california nearly 4,000 fentanyl related deaths last year compared to 239 five years ago. authorities say many people don't realize they are taking counterfeit pills laced with fentanyl. two milligrams can kill a person. no plan to increase it in los angeles. the district attorney is against a stiffer charge for drug dealers. some attorneys say the increased penalty is a legal overreach. >> it's so overbroad that anybody who sold a medication that contained fentanyl. that could be a kid who is reselling a medication he didn't know what was in it. >> one thing both sides agree on is that more public outreach and education is needed the make parents aware of the dangers of fentanyl and how easy it is for kids to get ahold of it from social media. >> what a market it is. thank you. >> dana: evacuations of americans an afghan allies is still underway in afghanistan 2 1/2 months after the chaotic u.s. troop withdrawal. a group of organizations are slamming the state department for not doing enough to help. retired four star admiral william mcraven joins us now. i want to read one quote from a marine that works for team america. the state department doing enough isn't enough. we need whole of government solutions and the international community to step up and need it quickly. i'm sure i hear from some of these veterans trying to help get people here. >> one, i agree need a whole government approach and international approach to dealing with the issue in afghanistan and of course watching it from afar it was tragic. the 13 american lives lost, 170 or so afghans. i don't think anybody would think the evacuation went well. i would offer to you when you take a look at what the 82nd airborne did when they got on the ground it will go down as one of the great operations in the history of the american military evacuating 130,000 people in two weeks. again all the tragedy surrounding it but that evacuation the military precision that happened once they got on the ground and got working was pretty remarkable. >> bill: look at the image on the screen. not to take away the comment you made. what did you think when you saw that? >> this again is heartbreaking. >> bill: your life's work. >> heartbreaking in the early days before we got on the ground and began to systematically do the evacuation. you cannot look at these images and not just be heartbroken by it. for the afghans and american soldiers and civilians that served in afghanistan. it is just really tough to watch. >> dana: what about the interpreters and others that helped us that were left behind? >> we'll have to see. i don't know the numbers left behiebd. i know a lot of folks i know helped to get interpreters out. i was fortunate to get out two folks who worked for me but the state department and back to this original comment the interagency and international community needs to continue to work to get all the americans and those that supported us out of afghanistan, no question about it. >> bill: to afghanistan and china and taiwan. the read-out on the conversation with xi was confusing the other night and some of the comments yesterday were a bit confounding as well. here is what beijing said. is separate forces for taiwan independence force our hands or cross the red line we'll be compelled to take resolute measures. on this question bearing on china's sovereignty there is no room for compromise. did we clear it up yesterday or did we make it more confusing? >> the good news is biden had a conversation with xi. that was important. frankly i think they have stumbled a little bit from the get go when the biden administration had their first meeting in anchorage that did not go well. they are starting to get their feet under them in terms of the national security approach. i applaud them for coming together to discuss this. we probably didn't make progress but dialogue is a good start. we've had a strategic ambiguity with our discussions with china. the president let the cat out of the bag the other day when he said we would defend taiwan. that hasn't been our policy but of course the white house back tracked on that a little bit but i think the dialogue is good. >> dana: let's go to your book. you wrote a book called make your bed based on a commencement speech you did on "the new york times" best sellers list. i think that book is fabulous. great christmas present and graduation present. this one, though, this is i got to get this for people. make your bed with skipper the seal is a children's book. did you ever think you would have a book like this? >> the illustrator did a remarkable job. as a parent growing up i loved reading to my kids. i have a new grandchild. i want the lessons to be made for kids in this book. >> dana: let's put up the lessons. >> bill: you have to make your bed. >> dana: i think of you when i make my bed. i want to make sure the day is on track. >> bill: you have to be kind to everyone. >> dana: stand up to bullies, never get up. positive. that's all you need, right? >> smile when things don't go well is a good one. >> dana: i will take that with me through my day today. >> that ain't easy for kids or adults. >> dana: thank you so much. congratulations on the book. >> bill: in a moment d.o.j. intimidations of concerned american parents climbing to a new level with a whistleblower is revealing. martha will join us live with that and more next. e values at all-time highs and rates at near all-time lows now's the time to do more with your home equity. veterans are calling newday at a record pace to take advantage of the newday 100 va loan. you can borrow up to 100% of your home's value to upgrade the kitchen, add a pool for the grandkids, or have the security of cash in the bank. with an average cash out amount of $60,000, you can do more. here comes the interception. oh...sh -shawn? 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[energetic music throughout] what's strong with me? ii know when i'm readyve for a rest day. ...so i can be ready for anything... tomorrow. find out what's strong with you with fitbit sense and daily readiness. earn about covid-19, the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. >> dana: boston's brigham and women's hospital set to begin a nasal vaccine trial for alzheimer's disease after 20 years of research. the trial will study 16 people between the ages of 60 and 85 with early symptomatic alzheimer's. the vaccine is intended to prevent an slow the progression of the disease. more than 6 million americans live with alzheimer's. 2/3 of whom are women. good news if it works. >> bill: fox news has reviewed an f.b.i. whistleblower's letter appears consistent with the concerns rayed by jim jordan with merrick garland. republicans on the committee aren't releasing the letter. the whistleblower saying the f.b.i. used a tool fighting terrorism to track alleged threats against school board members. martha maccallum has the story. hello to you. here is what jordan said. call for number two. merrick garland testified the f.b.i. wasn't targeting parents. we now know they are tagging parents they consider threatening. the attorney general has some explaining to do. that's where we are now. >> this does not sit well with parents who have expressed their opinions on these school boards. i think the idea when you look at all the threats we confront in the world. you look at what's going on with fentanyl and the other issues, why isn't there more focus about that? at the d.o.j.? why isn't being articulated? these parents feel like they have ever right to stand in front of their school board and express their feelings about what is being taught in the schools and they don't understand. obviously when you step over the line you bring in local law enforcement. that's what they are there for and what should happen. to have the f.b.i. spending its precious time on this issue does not seem -- based on the research they put together. when you look at the threats. disruptive at a school board meeting. this does not rise to the level of national emergency. >> dana: f.b.i. put out a new statement. a tag is a tool to track information for review and reporting. the creation of a threat tag in no way changes the longstanding requirement for opening an investigation nor represent a shift in how the f.b.i. prioritizes threat. they have used tags to track everything from drug trafficking to human trafficking. and they said let's put the statement out. are we comparing them to drug and human traffickers? >> this chills speech. people look at that statement from the f.b.i. and say oh i'm supposed to feel better because i'm being treated like a potential drug or human trafficker because i want to speak my mind at the school board meeting? they need to move out of this realm. most parents want there to be less focus on politics and social issues in school. this is what's lost here. the problem is we need to -- teachers need to carry out their mission and make sure we as a nation are excelling in math and science and english and subjects. we're not right now, right? the focus needs to be -- when i was a kid i had no idea in grammar school or middle school or even high school what my teachers' political laention were. no child in this country should be able to discern their teacher's political leanings. you should always leave that at home as a teacher. you are there to teach. what you think and want to protest about should be left at home. no child should be able to discern the political leanings of their teacher and this is where we've gone. >> bill: it will still be out there. chip roy had a rally yesterday. call for number five, guys. roll it >> children are our responsibility as parents. we should be in control of our schools and that's why right now the most important thing we can be doing is taking back our school boards. >> dana: it will be an issue in the 2022 election. >> absolutely. there was a speech that former president trump gave in september of 2020 on patriotic education that raised a lot of the issues that we have seen really bubble up since then and i remember noting that speech right in the middle of the heat of the election season and he talked about it as a big issue he wanted to talk about in the second term which did not happen. but i think this becomes a very big issue in the country and i think when you talk about it's interesting to me when you listen to people who grew up in communist china and who felt and saw things like school names being changed and statues brought down. when those things happened there was a shift happening in our society but weren't necessarily attune to what it meant. >> bill: hold that thought. loudon county is the epicenter. communist governments. a chinese mother speaking about that exact thing. watch. >> parents are here today to say no. no, we do not want government to be co-parents to our children. no we don't want the indoctrination. no we don't want marxist and communist ideology to hijack our schools. no, we are not going to give up our children to the government. >> dana: she knows what she is talking about. >> thanks for having that ready. ideology is not what education is about. that's the point she is making. when ideology becomes part of education you lose the freedom as parents at home. that's the realm of parents and churches. let's be number one in math and science. wouldn't that be a great national goal? >> dana: one of glenn youngkin's biggest lines. bringing advanced math. >> instead they are talking about dumbing it down so everyone is the same. protecting people's feelings is not the goal of education. it is to make sure we have the smartest young people being raised in this country to compete on a national and global level. >> dana: we'll see you at 3:00 for "the story". a man accused of attacking of a nypd officer was released. we're heading to hollywood, florida for the patriot awards. watch them on fox nation at 8:00 p.m. eastern. the newday 100 va loan lets you borrow 100% of your home's value. remodel the kitchen, consolidate debt, pay off big bills or save for retirement. newday is holding the line on rates. with today's high home values, turning equity into cash is a really smart move. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections —some serious— and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reactions may occur. learn more at cosentyx.com. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ >> harris: first we discovered the d.o.j. memo targeting concerned parents and this is next level. house republicans have their hands on a leaked memo shows the f.b.i. is putting a special marker on to report about parents. so first they target us and now they do something extra to parents? plus g.o.p. is going after the d.h.s. secretary over biden's border crisis and we're on verdict watch in the kyle rittenhouse trial. "the faulkner focus" at the top of the hour. >> bill: thank you. the man accused of attacking nypd officer on st*un is now out on supervised release despite a prior conviction for nearly killing an officer 10 years ago. we spoke to the victim earlier today. david lee, what's the story? >> there is outrage here in new york city after a convicted felon who served time for a attacking a police officer was set free after attacking another cop on sunday. look at this video obtained by the "new york post." thompson hit a new york city police officer over the head. he was arrested. he could have been required to post bail. a judge agreed that thompson remain free. a condition of his release regularly check in with the court. among those saying thompson should never have been on the street is the police officer. in 2008 he stabbed him six times and almost killed him. he spent two years of a five year sentence. the officer reacting to sunday's incident told fox news i was in shock actually because i saw the photo and i'm like oh my god, that's insane. i thought he was in jail actually. new york city's police commissioner tweeted out do we have to wait for thompson to kill someone before it is taken seriously? a sentiment echoed by bill deblasio. >> i am absolutely appalled and i do share his frustration. and commissioner shea and i said from the beginning there is a lot of good in the bail reform bill and also things that need to be fixed. this is something i'll be talking about. >> bail reform in new york remains controversial after changes in the law. it resulted in doing away with bail for some minor offenses. in this case, though, it appears that thompson was eligible for bail but the decision was made in this case apparently that it was not going to be required. >> bill: we'll watch these stories. >> dana: now you have a better reason to deck the halls. a new study find people who put up their christmas decorations the end to be friendlier. this is according to the journal of environmental -- i couldn't believe it when they said their tree was already up. is yours up? >> bill: no. it's not. walked into a buddy's apartment and his wife has christmas music on. i was like wow, you're into it. that's good. >> dana: you must love singing christmas carrolls? >> bill: not until after thanksgiving. before we go. we got this, dana. check it out. >> dana: have you seen this? watch it. >> oh my word. what is happening? >> dana: that is a first day of deer hunting season. this buck decided to take refuge in a church. >> bill: he was looking for a higher power. >> dana: let me -- save me. he is quite resourceful. they may want to spare him this year, don't you think? >> that would be a good idea. >> i'm going straight to bed. i'll be 50% better by tomorrow. >> dana: here is harris faulkner. >> harris: breaking news as we have entered day two of jury deliberations in the kyle rittenhouse trial. people in the city of kenosha are bracing for what could come next after the verdict is read. i'm harris faulkner. you are in "the faulkner focus". that jury is deciding whether 18-year-old kyle rittenhouse will face hard time for killing two men and injuring a third during chaos and violent protests that unfolded in kenosha, wisconsin last summer. the rioting was on the heels of the police shooting of jacob black. rittenhouse claims what he