mistrial and growing controversy over so mike the biden administration's alleged targeting of parents upset about what is being taught to their children. house republicans say a whistle-blower's email how the fbi tracked some of those parents and that attorney general merrick garland has some explaining to do. the ranking members of the house judiciary committee jim jordan joins us to discuss. plus is an abide in taking a a d electric hummer for a test ride at gm's new test plan detroit amid a growing national auto crisis and skyrocketing gasoline prices paid would begin tonight in kenosha, wisconsin, where tensions are mounting as a kyle wren house jersey considers the charges against him with a third day of deliberation on the horizon. course pardon no mike bill mckinney is on the ground again. good evening. >> moving into day three of deliberation. tensions are growing both in and outside the courtroom. today, kyle wren houses attorneys once again requested a mistrial for the second time in a week. this request stems from prosecutors giving the defense a lower quality version of drone video which was a key piece of evidence in the state's closing argument that aims to weaken rittenhouse's claim of self-defense by portraying him as the instigator of the fatal interaction with joseph. speak out we didn't have the quality of evidence that the state had until the case had been closed. i think that it is required in a case like this where he is looking at a life sentence potentially without parole if he is convicted. >> i do not believe a technical reality shows -- an unknown technical incident should result in a mistrial. >> the judge did not rule on the multiple requests for a milch ohmic mistrial and allowed the jury to re-watch the video in question. but he also gave a warning to prosecutors saying if any issues with that piece of evidence comes up later, it is going to be ugly. >> i warn the state that you know, there is a day of reckoning with respect to these things and i think there will be a day where you're putting up an awful lot of emphasis on this and if it turns out that it is not technologically sound, this is the situation is a house of cards. >> as the jury reviewed video evidence and send the courtroom, just outside, a fight broke out between a kyle wren house supporter and two black lives matter protesters. those tensions are being felt like folks across the community who are nervous about a repeat of destruction we saw here last year. >> just hoping that it means something to someone and they want to bring the craziness this way. >> judge schroeder says he is reserving the right to declare a mistrial at any point, including even after the jury has reached a verdict. trace. >> trace: fascinating. gary in the ground. gary, thank you. more protests outside the courthouse wednesday inside the jury in the kyle rittenhouse trout was creating quite the legalist or with questions they asked of the court and by reviewing video evidence of the night in question. let's talk about these developments with civil rights attorney robert pattillo and article three project president mike davis. thank you both. robert, you've not pulled any punches against this prosecutor over the course of this trial. what do you think of the video, the drone video, those left disclosed as well as these calls for a mistrial. >> i don't know they've reached a point of mistrial yet but -- either we are exceedingly sloppy and missed very easy things by most lawyers who have been practicing for period of time or trying to wiggle around the edges to discourage the rules. and i practice criminal defense my entire career and if a prosecutor pulled half of these things, i would be doing the exact same thing. frankly, i would be in handcuffs probably in contempt of court if you were going to have a different video for closing arguments that you gave me during discovery. i think the penalty -- it wasn't a high profile case this would've been a mistrial already. >> trace: and he makes a prosser assessment they because floppy is a word that has been used over and over again. i want to play this back and forth between the defense and prosecution concerning the video in the mistrial and then get your take. watch. speak out we didn't have the quality of evidence that the state had until the case had been closed. and i think that is required in a case like this where he is looking at a life sentence potentially without parole if he is convicted. and i do not believe an unknown technical incident should result in a mistrial. >> even if kyle rittenhouse is acquitted, the judge says look, this thing could come back to haunt us. what do you think? >> well, kyle rittenhouse has a constitutional right to a fair trial and that includes receiving inculpatory and exculpatory evidence and he didn't receive that in this case and this evidence is more in his favor, more high definition video that shows very clearly that he acted in self-defense when he shot these three men. i think the prosecutors have a big problem. >> trace: the concept here that this case has been going on now for the better part of two weeks, the jury now tomorrow will be the third day of deliberation. the judge in this case has gotten some heat from the liberal media. i want to put this on from glenn greenwald. he wrote the following. the judge has been a judge for 38 years until two weeks ago. almost nobody outside of wisconsin heard him. based on a few snippets read online, the national media created a consensus that he is a hardened, racist bigot and white supremacist. proper assessment? >> i don't think it's a proper assessment. i do think -- i encourage the public to do this. go down to courts more often. not just on television and tv interactions. we would love to have a gathering there, love to have people see what we are doing in the work we put on. it's very much more mundane and pedantic than what we see on television. so i don't think any televised -- but to the point, the reason the judge has been so hard on prosecutors, it's because i have been so sloppy throughout the case. trying to slide in evidence that was artie ruled on in pretrial and tried to slide in video that didn't put in discovery. the nature of the prosecution's case and what they did not need to do teach these are unforced errors they are making which distract from the greater case of how do you act self-defense against three different individuals. were you invited and conflict by showing up there with a rival, they've improve that case is all and that's the issue with why they keep doing that. >> trace: and what about the jurors. some the legal experts that have been saying there is a lot of concern that these jurors might be being intimidated. not only by the protesters outside but by the spectators inside the court. what do you think? >> it is obviously going to have an effect when you are showing up and screaming outside of the courtroom where the jurors can hear you. i think people need to just stand back and let the jurors do their job here and not try to intimidate them. i think the media needs to stop playing racial narratives here, it just does not fit in this case. >> trace: i have to go here but i want to get your takes quickly on this. you have nicholas and then covington catholic who sued the media. he is now saying kyle rittenhouse should sue the media. as a heavy points there? >> i don't think so. you think you're going to be able to prove the damages necessary. i think the people have the right to record -- georgia the trial for ahmad albury robbery is taking place currently and i think -- >> trace: i understand you are there with the reverend jesse jackson today. finally to you, mike. your thoughts on that. this whole idea of kyle rittenhouse because the media has been really against him. the vast majority of the media. does he have a shot at suing? >> i absolutely think you should sue for defamation just like the covington kid did against cnn for $250 million that was settled. kyle rittenhouse has been falsely called a white supremacist and a domestic terrorist. that is dependent maturity. he should sue. >> gentlemen, thank you both. >> thank you. >> trace: the latest in a series of biden administration countries continues growing tonight to the fbi's targeting of parents unhappy with their children's educational experience. house republicans say whistle-blower email shows how the fbi tracked some of those parents and that theresident's attorney general has not been truthful about his involvement. matt finn is live with us here in the west coast news hub with more. good evening. >> republican leaders are speaking out about it. and in internal email, claiming that fbi it set up a process to tag and track parents that it deems a potential threat to school boards. raising a lot of questions about who is potentially being tracked and why. and now it also raises the question of whether attorney general merrick garland was being truthful when he testified on this matter before congress on october 21st. >> i can't imagine in any circumstance in which the patriot act would be used in the circumstances parents complaining about their children nor can i imagine the circumstance where they would be labeled as domestic terrorist. >> day before garland gave that testimony, the email provided by the fbi whistle-blower was sent out. a bill that fbi personnel were instructed to use a new threat tag, a means of compiling active threats to education officials. fbi email says "we ask that your offices apply apply this threat tag to investigations and assessments of parts specifically directed against school board administrators, board members, teachers, and staff." the if i wrote in part a tag is merely a statistical tool to track information to review and report. the fbi has used tags to track everything from drug trafficking to human trafficking. republicans are convinced the email proves the patriot act is being used to tag citizens. interesting merrick garland's return to capitol hill for more questioning. >> this is a government on steroids that is out of control and wait to be very careful. the fourth amendment protects us but we are ignoring the fourth amendment when you use the patriot act to go american citizens. >> house republicans know to the national school boards association has apologize for it september 29th letter to president biden climbing angry parents are comparable to domestic terrorists. but garland has not rescinded his directive which came out less than a week after the and sba letter. we will keep you updated on this. >> trace: drug traffickers, human traffickers and their parents. we'll have much more on this with a member of the house judiciary committee, jim jordan. that is coming up in just a bit. in the meantime, the soaring inflation sparks fears of a deepening nationwide auto crisis appeared president biden hitting the road to talk the future of electric vehicles. during a new general motors factory in detroit on wednesday and even conducting and at times precarious test drive of a hummer ev. white house correspondent kevin corke shows us how that one tonight. good evening. >> good evening. try as he might to steer the conversation toward a more hopeful electric vehicle future, president biden's administration remains mired in a very real present. a fossil fuel gasoline powered reality that is frankly the source of increasing economic hardship for millions of americans who are looking to the white house for solutions. >> anyone want to jump in the back? on the roof? >> so well mr. biden extols the virtues of a green auto future, some in his very own party, wants solutions to the high gas prices here and now, especially with the average price of a gallon of gas soaring to $3.41 nationwide this week. that according to aaa. that's also up dramatically from just $2.11 a year ago. >> we need immediate relief at the gas pump and a place to look is strategic petroleum reserve is. >> so says chuck schumer. he joins a course of democrats who in a letter addressed to mr. biden last week asked the white house to make use of the reserve, warning that the seven year high gas prices and -- places an undue burden on families and small businesses trying to make ends meet. all this is happening is the way has continues to argue that it's build back better social spending plan which the cost could run into the trillions of dollars will help ease, they say, inflationary was and maybe even stimulate the economy. speak of the hardworking men and women of this country cannot afford to -- where democrats try to inflate their way out of inflation. >> reflective of skeptical republicans bracing for a controversy will cost a valuation of that plan from the cbo, that's a congressional budget. it is no secret that a bad number cost democrats the vote so several moderates on the hill, and this is key, keep in mind, democrats only have three votes to spare in the house. >> trace: we will talk about that potentially bad number with the political panel. meantime, you talk about 341 a gallon, it is $5.51 at the door. $3.41 would be a dream scenario. >> $4.79 about three blocks from here. >> trace: will talk to you later. thank you. as a migrant surge picks up along the southern border, we have exclusive video tonight of the struggle between migrants desperate to enter the country and law enforcement trying to stop them. correspondent bill melugin reports from la joya, texas. >> a human smuggler driving a stolen truck's leads trooper on a pursuit before bailing out. the trooper chases down migrants as they spill out of the vehicle trying to escape. 13 illegal immigrants were apprehended including the driver. several were hiding in the bed of the truck and when men appeared to have been concealed inside of a large toolbox. in la joya, texas, wednesday morning, as usual, groups of migrants walked on the road to give themselves up after they crossed illegally. more than 100 turn themselves into border patrol, a mixture of families, unaccompanied children, and teenagers. border patrol here in the rio grande valley center says there were more than 45,000 migraine encounters in the center in october. that is a 157% increase over the same time last year. earlier today we learned from the cdc that for the very first time, 100,000 americans died of drug overdoses in a single year. that is partly fueled by a sentinel ods. that is a drug which continues to spill the rest of them borders. this highly sophisticated drone belongs to strategic response partners who has been working under -- and with local law enforcement amidst the migrant crisis. we were with her team overnight in la jolla as the drone used thermal imaging to track a group of runners who crossed illegally. their team relay coordinates to the border patrol agents who quickly closed in on the group. ultimately apprehending all of them. she tells us this is about more than illegal immigration. >> going back. >> drug trafficking has gone over 457%. that is a lot of drugs coming in and flooding into our streets. the drugs don't just stay here at the border. within 42 to 72 hours, they are in cities all across the united states. >> reporting in la joya, texas, bill melugin, fox news. >> trace: a second crewmember on the movie rest has filed a lawsuit over the fatal shooting death -- she claims in the suit that alec baldwin was negligent and intentionally fired the gun i had the scene that she says did not call for the firing of a firearm. >> i will never forget what happened on the said that day. i left the shooting in the a sound of the explosion and the gun over and over again. i am depressed and i don't feel safe. i feel like at any moment, anything can happen to me. >> trace: the lawsuit filed in los angeles county seeks both compensatory and punitive damages to the determined later. federal judge has sentenced a capital rider nicknamed the cumin on shaman 241 months in prison for his role in the january 6th protest. jacob, known for his horned headdress pleaded guilty in september to obstructing an official proceeding when he and thousands of others stormed the capitol building. he was a navy veteran and has been diagnosed with several mental health disorders. and coming up, the harrowing body cam footage. atlanta's bravest in the face of a raging car fire. plus a high school student and a bold senior prank. the days best viral videos our 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 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 hi. i'm 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(jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. ♪ ♪ >> trace: intense body cam video showing the moment to go at when a officers arrived on the scene after a vehicle plowed through two homes and crashed into a tree immediately bursting into flames. the brave cops but their lives in danger to pull the man out. the driver miraculously suffered or survived and only suffered minor injuries. of course big thanks to officer adams and officer tom. next up, float a bear was spotted early or nearly a month ago with its head stuck in a container. but soon after, the woodman creature disappeared until this week. florida fishing and wildlife conservation commission says despite being stuck, she was still in great physical shape and after removing the container has been set free in a nearby state forest. big applause. nicely done. and a jewelry store in california is the latest target in a wave of theft and robberies in the san francisco bay area. surveillance video shows nine thieves smashing display cases with hammers. authorities are not asking the public for any information that can help identify the suspects who fled the scene before police arrived. now this. infrared footage showing the men two men were rescued from the boat that capsized while trying to come ashore in england. the coast guard stating this is yet another reminder of how important it is to always wear a life jacket until you've reached dry land. and finally, a high school student from gloucester virginia decided to ride to class on his mom's 27-year-old horse as a senior prank while donning a cowboy hat and a mask. his school failed to see the humor and he was suspended. sorry, buddy. if you have a video you want to share, had a sub at fox news night on social media. senator republicans are sending the alarms about skyrocketing -- and calling on democrats for not dealing with the supply chain and labor shortage crisis. driving inflation. correspondent bryan llenas is taking a look tonight. good evening. >> trace, and the cost of consumer goods jumped 6.2% in the last month. it is the highest jump in 30 years. but will show about half of americans blame president biden and republicans are on the offensive. >> inflation -- holidays for struggling families. inflation is coming for thanksgiving dinner. making it more expensive than ever before. >> a record nearly half of americans are hosting thanksgiving dinner this year with the average family spending $392. more americans than previous years expected to go into debt to host the festivities. inflation driving up grocery costs, the price for turkeys, stuffing, veggies, and desserts all up about 5.4%. gas prices skyrocketing 51% compared to last year. just in time for the 48 million americans set to hit the road for the holidays. today, republicans warned inflation is not temporary and they blamed the biden administration. >> it is not going away and the only thing that they can do to make it worse is to flood the zone with more spending, more taxes, and more debt. you will see inflation continued to go up. >> countering them, democrats are now trying to make the case that spending trillions and passing president biden's bill back better plan will fight inflation lowering the cost of prescription drugs and other costs. >> there are number of key components in there that will lower costs next year for the american people. cutting child care costs in half, making preschool free for family starting in 2022. >> but an op-ed entitled to strap yourself and come inflation a going away, made the case that an aging workforce coupled with declining global supply chain means "the biden administration and the fed should give much more weight to the evidence that emerging inflationary pressures are structural, not temporary." a recent report goldman sachs economists says inflation will likely get worst before it gets better sometime in late 2022. >> trace: brian, thank you. it is time to bring in kevin corke to help settle a score on the so to speak, with all of you sports fans out there. kevin, i hear have the new list of the best sports cities in america. >> i want to debate this hats of the time when we have more chance to really sort of match it all out. i feel like denver should be in there. i feel like there are number of other great cities. but according to wall the tub, the measure of the great sports city at least from a fans perspective, that means measuring performance on the field of play of the areas proteins, its college teams. by the way, also its ticket prices, expand engagement which is another way of saying you get select crowds question mike you have a strong attendance? let me share the best sports cities according to the list we just saw from wallet hub. boston number one. beantown. i love boston. l.a. number to go. i love the city of angels where you are. new york city number three. pittsburgh great sports town. and philadelphia peered by the way, boston, which is ranked number one overall, was also ranked number one in hockey, number two going basketball, number three in football, and number five in baseball. my question to you. your bets sports city. is it l.a. or is it somewhere else question mike >> trace: i think boston is probably the right take. they are so loyal. l.a. adores the dodgers, the lakers, kind of like the clippers, don't really like the rams. don't really like the chargers but they should be because they are fantastic and should be on the watch for the hip -- people aren't clamoring to go to games. so i would say boston is probably a pretty good take. >> i would say ballston too. i lived there for a while and i love beantown. probably the best sports town. outside of denver, i am a denver guy, but when i lived in l.a., i have to admit, the dodgers games were amazing, the lakers were awesome, and if i may end with this, fight on. go sc. >> trace: yeah. good for you. kevin corke, thank you so much. republicans demanding answers from the attorney general of a whistle-blower saying the fbi is using counterterror methods to track angry parents at school board meetings. jim jordan of the house judiciary committee is here, next rheumatoid arthritis. and take. it. on... ...with rinvoq. rinvoq a once-daily pill can dramatically improve symptoms... rinvoq helps tame pain, stiffness, swelling. and for some rinvoq can even significantly reduce ra fatigue. that's rinvoq relief. with ra, your overactive immune system attacks your joints. rinvoq regulates it to help stop the attack. rinvoq can lower your ability to fight infections, including tuberculosis. serious infections and blood clots, sometimes fatal, have occurred... ...as have certain cancers, including lymphoma, and tears in the stomach or intestines, and changes in lab results. your doctor should monitor your bloodwork. tell your doctor about any infections... and if you are or may become pregnant while taking rinvoq. take on ra. talk to your rheumatologist about rinvoq relief. rinvoq. make it your mission. learn how abbvie could help you save on rinvoq. want your clothes to smell freshly washed all day without heavy perfumes? 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(vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. >> and which the patriot act we use under circumstances of parent complaining about their children, nor can i imagine the circumstance where they would be labeled as domestic terrorism. spiro knows attorney general merrick garland insisting last month that parents were not being monitored amid a spate of standoffs of school board meetings across the country. that testimony came just one day after an internal fbi email obtained by g.o.p. lawmakers shows assistant director is telling agents to track threats against educators and even apply threats tags to parents being targeted. it's bringing the author of the upcoming book, will have congressman jim jordan who first released the memo in question and is here to talk about the questions he has for the attorney general. always great to see you. the fbi is now using these threats tags on parents. i want to read this response because it is astonishing. it says as follows, quoting here, "the creation and a threat tact in no way changes the long-standing requirements for opening an investigation, nor does it represent a shift in how the fbi prioritizes threats here the fbi has used tags to track everything from drug trafficking to human trafficking. and now they are using these threats tags to track parents along with the drug and human smugglers." >> they sure are. and you might think no big deal but it came from the counterterrorism division at the fbi. that is where the email came from. so it comes from the counterterrorism division the day before the attorney general comes in front of our committee and says no, no. we are not treating the parents as domestic terrorist. get the day before you sent out an email to fbi agents across this country saying put a threat tag, put a label on moms and dads, put a terrorist tag, terrorist label on moms and dads. i think that's pretty don long what we want merrick garland to come >> trace: you talked about him answering questions. when he said parents were not being targeted before your committee, do you think he was out of the loop on this? do you think he was stretching the truth of it? what do you think the bottom line here is? >> either he is incompetent or he is misleading us and not being square with us and the american people. either one is bad. but i think one of those questions i want to ask you, we suggested to the chairman today, we said when will you bring him back? but the number one question is, what is the number? how many parents have this label, this tag, this terrorism tag. how many parents now have that tag on them? what does that number? how many are there? the only person who can answer that question is -- or someone at the justice department hopefully the attorney general. so i would like to know the answer to that question. we will see if the democrats bring him back and answer that fundamental question and a host of others like the tie he has his family has to accompany who makes money off of this curriculum that was the reason parents protested this racist hate america curriculum of crt. >> trace: and that question was asked and he dismissed that. i want to play the sound bite. it is from disgraced fbi agent peter who now works for msnbc on how the fbi is doing thing. >> summa the crazy comments coming out of congress which are absolutely political statements. the ag letter is something that is very consistent with the fbi's mission to understand whether there is a broader sort of criminal activity going on. this is not targeting first amendment protected speech. this is not targeting parents. >> this is, according to many people, targeting parents. >> if it is no big deal, why does the organization, the left-wing political organization that started at all, i was the catalyst for the attorney general's memo into the email to the fbi agents, why did that organization apologize and regret and express regret for the letter they sent to the president on september 29th? and guess when they did that? one day after we had merrick garland in front of our committee where i don't think he was square with us. if it is no big deal and everything is kosher, why in the world did the organization that started it at all why did they apologize for their letter? >> trace: the former trump white house communication strategic director's ladies had a pretty good take on this. it really is a good question. she said the following. when multiple u.s. gymnast were assaulted by their team doctor e fbi ignored them but to many concern parents spoke at school board meetings fbi launched its entire counterterrorism division against them. and then guess what she is saying the team and the bottom line here is why is the fbi involved in this in the first place? this is a local matter with local school boards and it should be monitored if there are disturbances. >> because they are political. remember, we now have press reports that indicate the white house was coordinating with the school boards association before the letter was even sent to them. so they were putting it together from the get-go. i think it's all designed to chill the speech of parents, to make it so parents, moms, dads don't want to come to these meetings and speak their minds and be against this crazy curriculum that is being taught to their kids. >> trace: talking about moms being involved in the crazy curriculum, i want to play the sound bite from a parent and loudoun county and get your final thoughts on the other side. >> they want silence parents who dare to speak up for their children. when that does not work, they resort to intimidation and inevitably, of course. just like mao and the ccp. we parents are here today to say no. no, we do not want government to be coparents to our children. >> trace: a couple of important things. parents say no. we say no. by the other thing she goes back to, just like mao, just like the ccp. it's one of those things where you talk to emigrants who have come from other countries where there systems or what she was just explaining, it is remarkable. >> i said this the other day. there seems to be this accelerated march to communism we see from the left who controls the democrats party and it's frankly frightening but i don't think it's going to stop moms and that's from doing the right thing. i think the american people are going to rise up and say no, we are not going to take this assault in virginia a couple of weeks ago. one of the lines i like because i think it is so true, no high paid laws, no government bureaucrats, no government official will ever beat a mom on a mission and that mom sounds like she is on a mission to protect her kid which is what parents are supposed to do in the supreme court is clear. it is just basic facts. moms and dads care so much more about the well-being and education of their kids than any government, bureaucrats, or anyone else ever does. >> trace: we hear some g.o.p. lawmakers saying they should be a drumbeat for 2022 elections. we believe that, do you believe -- you have ten or 15 seconds. speak up this is a critical issue. we saw play out in the elections -- the recent elections. i think parents are going to stand up and say we are not going to tolerate this. we want the best for our kids. >> trace: the upcoming book is do what you said you would do. always great to see you. thank you for coming on. another democrat retirement is always taking up the balance of power ahead of the 2022 midterms. that is next we make it easy to gift yourself the smile you deserve. new patients, start today with a full exam and x-rays, with no obligation. if you don't have insurance, it's free. plus everyone saves 20% on their treatment plan with flexible payment solutions for every budget. we're here making smiles shine bright so you can start the new year feelin' alright. call 1-800-aspendental or book today at aspendental.com psoriatic arthritis, made my joints stiff, swollen, painful. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. tremfya®. emerge tremfyant™. janssen can help you explore cost support options. 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speak out thanks for having me. i'm not sure if the light bowl is getting full or we have a lot of old members in the house. with that being said, looking towards the midterms elections, if virginia is any key leading indicator, what you saw in democratic precincts and strongholds, places like richmond and alexandria is who sought depression in the amount of turnout they are. a lot of democratic voters didn't turn out to vote. midterm elections have always seem to be a base election. who can turn out their base voters? the democratic party doesn't have a governing problem, the democratic party has a messaging problem when it comes to its base. many of the things they're talking about and build back better are popular with democratic voters. the problem is, the democratic party isn't talking about them to democratic voters. >> trace: as richard said, it all comes down to the midterms. some of these democrats are already kind of revving their engines. play sound from a democrat and then a republican and i will get your response on the other side. watch. >> when we describe these achievements to our public, that will be a record of results that we will be proud to run on. >> my colleagues and i are ready to fix this mess that this administration has created. it's beyond because somebody there is not telling the truth. i don't know. boy is the record that you are proud to run on? when are you going to hit the campaign trail and say man, are we killing it or what? >> it seems like we look at things that politicians have in common with migratory birds. they both have like an internal sense of when it is time to move on. and in 2017 and 2018, the republicans, so many of them weren't running because they saw what was coming and i think the democrats to the same thing. the agenda isn't working and there is a total rejection of almost everything that has been accomplished and the things even they have attempted. and you cannot run on a record that the public doesn't agree with and whether it is letting people flood across the border or abandoning people in afghanistan or russia gets a pipeline and america doesn't, gas prices, inflation -- it is just not a good record to run on. >> trace: this is president biden on tuesday talking about his social spending plan. watch. >> my plan to build back better for our people, many folks back to work reducing the cost of things like child care, elder care, housing, health care, prescription drugs. 13 -- excuse me, 14 nobel laureates in economics said it will bring down the cost, reduce the deficit. and it was totally paid for. >> trace: richard come the congressional budget office we expect to come out with a score on this on friday. it might not be good. it may not be a deal breaker in the house but what about the senate? >> that's what it's going to come down to. how will they receive the cbo score? with that being said, i agree with my colleagues here is this. we do have an inflation problem in the country. look at the cost of bacon. but when you talk to democratic voters, many of the things that joe biden says whether it be decreasing the cost of child care, decreasing the cost of elderly care, decreasing the cost of prescription drugs are very popular among democratic voters per the problem is even in that sound bite, joe biden wasn't giving a full-throated defense of it. instead, the democratic party and the democratic base voters have been mired down in the process. and what democrats are going to have to do over the next 12 months and stop talking about the process and start talking about the elements of the bill and how it will change the daily life of their base voters. >> trace: we have to go but this political morning counsel poll showing 40% of voters don't think that biden is in good health. that is a 29-point swing year ie year. that's a lot a lot. >> it's a tremendous amount. we did a poll showing people thought he wasn't in control at all and he was kind of floundering around. when you see everything from him confusing the taiwan policy, him swearing there is no way it was $450,000. he is sending so many mixed signals he just doesn't seem to have a grasp -- a grip on it. and the things he dues have a grip on are not going well. >> trace: thank you for standing up. we appreciate it. well, some good news before we say good night. marine gunnery sergeant danny bennett surprising his three sons at school just in time for the holidays. bennett had been deployed overseas with the marine corps for nearly a year, only seeing his family via facetime. he was able to pull off the reunion with the help of his wife and teachers at the school. as you can imagine, smiles immediately filled the room as the boys ran to hug their data. bennett says the most shocking part is how tall all of his kids have gotten and every time kevin corke i see this kind of stuff, i just it is just so heartening to see these guys who have sacrificed so much get to come home around the holidays to their families. it is just fantastic. >> a truly is. when you watch that video, you see the smiles, you just can't help but love it. that always really gets me. i have one i want to share but i think i'm going to save it until tomorrow. it is about the guy and the women who used to go exchange text messages and now they're going to get together again for thanksgiving. i will tell you about it tomorrow. >> trace: i you sometime, kevin corke. thank you, that is that for me. shannon will be back tomorrow night. good night. 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