that followed a police shooting of jacob blake. the prosecution has argued rittenhouse was the aggressor. protests outside the courthouse got a bit tense yesterday and we've been watching this build up. remember, there are 500 national guard men and women that the governor has called in with regard to what might happen after the verdict is read. they didn't do that the night of rioting going on august of 2020, just pointing that out. yesterday the defense made a second request for a mistrial after the jury asked to rewatch some key drone footage of the shootings. rittenhouse's attorney claim they received an inferior version of that video not high resolution that was shown during closing arguments only. watch. >> 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. >> harris: that video is huge in this case right now. alexis mcadams live in kenosha, alexis. >> that's right. the video at the center of the kyle rittenhouse trial here in kenosha, wisconsin. the jury back in the courthouse this morning as day two of deliberations continue. 16 hours and counting but no verdict in the trial. to mistrial motions in this case are on the table at this point. as the center of the mistrial now focusing on the drone video that shows the first of the three shootings that night in august. defense alleging the state withheld a high-quality version of the video this time with prejudice meaning rittenhouse could not be charged. >> to not get that until the evidence has already been closed, that doesn't strike me as fair. >> i do not believe a technical reality shall we say or technical -- an unknown technical incident should result in a mistrial. >> if rittenhouse is found not guilty those motions will not even come into play in the trial. the judge says he isn't planning to rule on the mistrial motions until a verdict is reached. >> i want to warn the state there is a day of reckoning with respect to these things. >> right now the mistrial still at the focus here. the rittenhouse family telling us they are focusing on the lower quality drone video in play here. they believe it's completely misleading. >> they chose one frame and they tried to tell the jury that that proved that kyle was holding a weapon. >> take a look here. you can see just outside of the courthouse tensions were running high. clashers between protestors on both sides here. those who support kyle rittenhouse and those against him here in kenosha. police taking two people in custody on minor charges after a fight broke out. people on both sides gathering on the steps. some people telling me they flew in from out of state to be here for this verdict. both sides asking for peace. >> i'm not a big sign waving protesting guy but someone has to come out here and protect the rittenhouse family and today it will be me. >> please stay away. we don't want you here. i support the cause but we don't need the violence. >> fox news is also learned recently in the past half hour that five schools in the area including the high school across the street from the courthouse have gone to remote learning to make sure safety is top priority here. authorities telling fox news this morning they don't believe there is any major threat here in the area but as we mentioned yesterday harris you can see from the video things can pop up and get tense in a matter of moments. we'll keep a close eye on that as deliberations continue. >> harris: that's a great point and something i've been pointing out about august 25, 2020 when they knew they had people in the streets not just peacefully protesting but we could see the fires in the background and so much going on. didn't see the governor making the choice then to put some extra assets on the ground like national guard. i just point that out because it's worth pointing out. so is this. fox news has just obtained to show you later this hour we're working on it now the high resolution video exclusively here at fox we'll show you that and again, this is what now is at the crux of the trial. the judge has said he won't rule on those dismissal requests or the mistrial requests by the defense attorneys until after the verdict. but key for those jurors we know because they asked to see it again. do we watch it in private or the courtroom. the judge said you'll watch it here. what they're watching we'll show you. what the prosecution decided to hold until late like matlock moment late in the case we'll show you on fox. stay tuned for that. meanwhile, this. >> the president's solution to inflation, which he has caused by spending too much and borrowing too much. let's spend even more and let's borrow even more. he is trying to pass this build back bitter bill, which is just a spending and borrowing orgy of epic proportions. it will be like throwing kerosene on a kier fire. tire fire. >> harris: as we speak right now the house is debating that massive spending bill and there could be a vote tomorrow. the president still insisting that funneling huge amounts of cash into social programs will not increase inflation one bit. >> president biden: the bills do not add inflation pressures. the policies i propose help lift long time economic growth by labor force growth, strong productivity as well as taking the edge off inflation. >> harris: but even president obama's former economic advisor stephen ratner says the biden team is screwing up big time. his words. he wrote in an op-ed how could an administration loaded with savvy political and economic hands have gotten this critical issue so wrong? they can't say they weren't warned. we worried that shoveling an unprecedented amount of spending into an economy already on the road to recovery would mean too much money chasing too few goods. isn't that exactly what's happening? and remember, when then candidate joe biden promised this to voters. >> president biden: none of you will have your taxes raised. anyone making less than $400,000 won't see a penny in taxes raised. you will see your standard of living go up and costs go down. >> harris: certainly a promise not fulfilled. and a brand-new poll out today may reflect that. remember, this is layering. we've seen so many polls. a dismal 36% of americans say the president is doing a good job overall and when it comes to handling of the economy, ooh, 34% say they approve. senator lindsey graham is in "focus" now. republican senator from south carolina. great to see you in person. thank you for being in "focus." >> 34%, what do they like? how could you get 34% liking? >> harris: so you heard what i was telling the audience about the obama team and what they saw coming. why can't the biden team see that? >> they're wrong about everything. joe biden doesn't understand inflation. he never had a job. he has been in the senate or politics most of his life. he is a fine man but doesn't know how the economy works. he thought he new better than the generals in afghanistan. he is trying to be the most progressive president since fdr. that's his goal is to spend as much money and grow the government as much as he can to be on par with fdr and really the biden/obama rivalry exists. most people don't know but i know this, the obama and biden team had a lot of friction. and i think biden is trying to be the progressive president that obama was too afraid to be. that's driving all of this i think. >> harris: that's really interesting. >> i know it. listen. they felt disrespected when he was vice president and obama would always not quite go as far as the progressives would like. i think what they're trying to do the handlers of biden are trying to make him the progressive president that obama was afraid to be. >> harris: what is fascinating about that. you heard obama talk about how wokeness isn't necessarily politically beneficial. i think maybe this started a while ago this break in that party. >> look at this ratner article. this is the most damping indictment of their policies coming from an obama person. >> harris: that "new york times" editorial board member mocked inflation as only hurting rich people. she tweeted this. all the stuff that you see about inflation in the news is driven by rich people flipping their blank, so classy, because their assets are doing as well. critics slammed her on twitter this one. this is idiot i can. another wrote i'm once again begging non-economist pundits to talk to economist people before saying this stuff. senator. >> go talk to somebody filling up their car. i filled my car up in south carolina. $63. if you're making $15 or $20 an hour that's a big hit. go to the grocery store and find empty shelves. too much money chasing too few goods. all the ships parked in the ocean that can't get to port means we'll have a tough christmas. why is there inflation? the demand is greater than the supply. why is gas going up? when you shut down pipelines in america, you hurt the supply. so costs goes up. you have a lot of people paying more to work than not to work for all these months and maybe a year or so. it has affected the supply chain. everything is breaking down. here is the sad part. biden doesn't have a clue. >> harris: you said something that i thought was critical and look, everybody knows if you have a smartphone you have a calculator, right? we don't need the white house or the administration to tell us bhas going on. if you keep printing money and the value goes down what you have in your pocket buys less. we don't need anything more basic than that. do they think we're stupid? what is the equation here? >> the petroleum reserves is schumer's answer. release oil we have in reserve to lower gas prices. that's a supply solution to a demand problem. >> harris: why did they shut down pipelines and targeting the one in michigan >> bill: >> you don't release your strategic reserves. they are there in case you get in a bad spot from a war or something. you actually increase your domestic supply. why can't they do that? the climate change crowd is trying to put us out of the fossil fuel business and it is causing all this increase at the pumps. >> harris: wow, huge backlash now over the f.b.i. creating what's called a threat tag on parents and that's just an extra marking for what the f.b.i. would flag a parent with if they've located them and thought that there was a threat to a school board. it is actually what they do for human and drug traffickers. pull a threat tag. imagine that. that's where we are now. republican lawmakers say attorney general merrick garland is trying to silence concerned parents. senator josh hawley demanding answers writing when he testified the attorney general insisted he never took any action to chill the free speech of parents. the actions of his department undermine that assertion and raise the alarming prospect that the attorney general was lying or is not in control of his own department. not good options there. congressman jim jordan with this. >> what is the number? how many americans, how many parents, how many moms, how many dads now have this tag, this label put on their name? he noo eds to stop this in its tracks. he needs to stop tracking parents with whatever label, whatever they'll call it. stop tracking parents and stop giving them this label. >> harris: senator, do we need to know numbers? >> i think yes, numbers are important. but what is the jurisdictional hook for the f.b.i. to be involved in this space to begin with? if you go to a school board and get unruly you have local law enforcement to deal with you. here is what bothers me. what jurisdiction hook does the f.b.i. claim to start following school board meetings? i can't think of a federal jurisdictional issue here. so this is scary. if the f.b.i. can just reach out and start tracking parents at school boards, then they are overstepping their boundaries. they are limited in terms of their charter. so number one, why were you doing this? what authority do you have? and i think the second thing is how could this attorney general not know what was going on? >> harris: can you sue the f.b.i.? >> i think -- >> i'm wondering what the recourse is for american citizens who get on a threat tag list. >> here is what hawley is on the right track and i would tell josh to ask. f.b.i., what -- where do you have the authority to do this? what in your charter gives you authority to start monitoring parents' activity at school boards? >> harris: trying to stop them before they go forth. what i talk about is if you get tagged how do you get it off your back. >> we'll help people individually. think what abouter when owe talking about. the f.b.i. monitoring school board activity. that's not their job. >> harris: all right. you have know, one other thing, too, senator, that i kind of consider this undercuts and you mentioned local law enforcement. look at what those on the left have been trying to do to police. you defund them, take them out of the equation and now you so far have taken them out of the equation that you've replaced them with the f.b.i. at local events. >> why did the f.b.i. get involved in begin with? the national school board association wrote to garland, one of the main supporters of the left, the school board association, complained to the department of justice and he had a base problem and wanted to please them. sent it to the f.b.i. it reminds me of the steele dossier where you had a law enforcement organization running every stop sign because they wanted the information to be true because they had a bias. remember page and strzok, hope trump loses. this is what happens when politics get into law enforcement and this is an example of that. the politics of school board association influenced the attorney general to get the f.b.i. involved in something they have no business to be involved in >> harris: and worked with the white house to get this going which we question. we were interviewing the proper use of the word collusion. that might actually be it. senator lindsey graham, thank you. good to see you in person. thanks for being in "focus." vice president kamala harris pushing back on claims made by her allies that she is being underutilized, underyisd. what those allies are blaming for criticism of the vice president. plus this. another top house democrat calling it quits making the democrats' job of holding back a mid-term red wave even tougher. ari fleischer in "focus" next. with the newday 100 va loan and take out up to $60,000 or more. veteran homeowners- have you been spending more time at home? imagining the possibilities? like a bigger kitchen, a 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 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it was not enough. the democrats electoral woes continue since their devastating losses in virginia. their mayoral candidate goes down in defeat in a blue columbia south carolina, house majority whip jim clyburn's endorsement didn't make a bit of difference. all of this as yet another democrat lawmaker is headed for the exits. congressman g.k. butterfield won't seek reelection next year. the ninth house dem to call it quits. while six others are leaving seats to run for a different office, maybe they are getting wind of polls like this. the latest quinnipiac survey shows americans want to see the gop take control of both the house and senate next year. there you see it. a terrible omen as they are trying to defend razor thin majorities in both chambers already. ari fleischer former white house press secretary for bush 43. i don't know why the biden white house thought they had any kind of mandate anyway. those majorities were so razor thin. what happens next? >> actually harris. the biggest untold story of the 2020 election was what happened in the house. all the attention of course is on president trump and the presidential level. but the real underlying big news was that republicans gained 12 seats in the house of representatives in an election cycle that democrats predicted they would gain more seats to give nancy pelosi an even bigger majority. the american people said no. that started something and the grassroots level despite a presidential loss. and what is happening now in 2021 reflects a very powerful trend of precedent and a trend that should scare the democrats. by that what i'm referring to is the last time you had elections like this was in 2017 when there was a suburban uprising against donald trump and republicans got their clock cleaned everywhere in 2017 and 18 and that prior to that 2009-10 cycle where barack obama got his clocked cleaned and democrats lost the house. history repeats and looks like the democrats are in big, big trouble. >> harris: the numbers are closer together already. vice president kamala harris was on "good morning america" denying reports she is being underused insisting she is getting things done alongside the president. let's watch. >> i've traveled around the country as has the president. we have convened members of congress. we've con vend people around our nation asking what do you want and this is a response to what they want and it is actually going to hit the ground in a way that is going to have direct impact on the american people. we're getting things done and we're doing it together. >> you don't feel misused or underused? >> no, i don't. >> harris: the giggle. despite this white house press secretary jen psaki told "politico" there is no question the v.p. faces more criticism because of her gender and skin color. >> i do think that it has been easier and harsher from some on the right wing who have gone after her because she is the first woman, the first woman of color. >> harris: but a national review piece titled the collapse of kamala haifr takes a different view writing she isn't disliked because she is a non-white woman but that's why she was elected vice president. a scathing quote reads this way. kamala harris isn't disliked because she is non-white. she have is disliked because she has nothing to recommend her beyond those facts. harris is a talentless whose only political flair is making things worse before she arrived. wow. that is tough. ari fleischer. >> it has nothing to do with gender or race, it has nothing to do with right wing. who are the people attacking kamala harris? it is joe biden's white house. they are the ones who started this by leaking anti-harris stories. now that's why the democrats are caught in the crossfire. the idea that this is because of her race or her gender, we have to get beyond that in american politics. it is damaging to everybody in public life. this is about kamala harris and her character, her abilities. the democrats and their own primary judged her insufficient on these grounds and she had to withdraw from her campaign before the first primary took place when she ran for president. not because of her gender or race, it's because of her. and it's about time we start to judge candidates based on who they are including presidents and vpts on who they are and not these characteristics that come with their chromosomes. >> harris: i asked my team to look for this because you have heard me say it. but the president has said back when he was a candidate what he was looking for in this role just so we don't get it twisted. let's roll it. >> president biden: i pick a woman to vice president. a number of women qualified to the president tomorrow. i would pick a woman to be my vice president. there are a number of women of color, there are latino women, ashian, across the board. >> harris: do you think anybody was confused? i didn't hear merits there or skill sets. >> the difference between the two parties is this. the democrats like to say up front i'm picking somebody because of their race and because of their gender. but republicans do when you look at people they say i'm qualified because of my views. i just happen to be a woman. i think that's far, far more powerful than the democrats really just making again judgments on the basis of gender and race. we aren't supposed to do that in america. i won't. >> harris: i'm thinking of condoleezza rice, sears who won lieutenant gov nr in virginia. thank you. president biden touring an electric car factory taking heat as many americans struggle at the pump. does he get it? we're buying gas and the price is sky high. plus this. >> the courts rightly stepped in. it was completely unconstitutional what he was trying to do. it was a total reversal of what he said just a few months prior. >> harris: federal appeals court has said not so fast to the president biden vaccine mandate for businesses. so where does it go from here? marc thiessen in 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american families are staring down the barrel of skyrocketing heating bills and the democrats' response is to go to war against affordable american energy. the biden administration doesn't have any strategic plan to snap its finger and turn our massive country into some green utopia overnight. they just want to throw boat loads of revenue money at things like solar panels and electric vehicles and hope it all works out. >> harris: the leader of the republicans in the senate mitch mcconnell going after president biden amid rising gasoline prices and soaring inflation. the president, his answer, he is going to tour a factory zero plant of general motors yesterday and drove around in a car you too can have as long as you have an extra six figures laying around. >> president biden: anyone want to jump in the back, on the roof? >> harris: wow. social media put the president on blast. one twitter user said the new electric hummer price tag will be above $100,000. biden will give a subsidy if you buy it. ask yourself, who actually is going to buy an electric car for over $100,000? another says i trust him behind the wheel of a car like i trust a rattlesnake. marc thiessen, former white house speech writer, "washington post" columnist and fox news contributor. let's just pretend you decided to spend a day at the white house here opposite political aisle for you. what would you tell them the president should be doing rather than what he was doing? >> well don't go to an electric car plant when people can't afford gas. if you think of it it showed gas prices are up $1.29 since election. most americans every time you pull up to fill up your car $20 more and crude oil prices have doubled to $84 a gallon. -- a barrel expected to go to $120 by next summer. heating oil. not to test drive a $100,000 electric car. by the way. because national gas prices are going up so high we increased our dependence on coal. if you bought an electric car to save the planet i hope you enjoy your coal-powered car. >> harris: china is building coal powered plants. they are ready to compete. they know we won't be able to plug a car in at $100,000. >> the biden energy policies is incoherent. he closed down the xl pipeline and looking at given man. -- he okays the ?oerd treem pipeline. bad for the american economy. if you sat down to try to set up a bunch of policies that would drive our economy into the ground you couldn't do better than these people have. >> harris: if this is accidental what would deliberate look like. in an attempt to shift more blame president biden has attacked oil companies by demanding an investigation into their role in surging gas prices. this triggered to the american petroleum institute a chance to maybe fire back. here is what they wrote. this is a distraction from the fundamental market shift taking place and the ill-advised government decisions that exacerbating this challenging situation. rather than launching investigations on markets that are closely monitored on a daily basis or pleading with oh peck to increase supply we should be encouraging the safe and responsible development of american-made oil and natural gas. it is so basic i guess it's hard. >> biden campaign. remember the moment in new hampshire the girl asked him about climate change he said he will tax and regulate an industry out of business. oil producers don't dig more wells. half the number of wells in america today than in 2019. they won't invest. 1.4 trillion in investment in american oil and gas under trump. it has slowed to a trickle. our gas prices is going up. now biden pleads with opec to increase production. if you care about carbon emissions does it matter whether they come from saudi oil or american oil? we ought to be producing the american oil rather than that. it is not helping the environment. it is contradictory. >> harris: another joe has gotten in the game with coal plants in the state. joe manchin. senator joe manchin. democrat progressives are pointing a finger you are getting in the president's way for his big spending. you got joe manchin's attention. >> bill: new poll 75% of virginians want him to stop the buy back better plan. >> harris: president biden's vaccine mandate will have to be put on hold. osha is abiding by a federal appeals court order now and suspending enforcement of the biden administration's january 4th vaccine deadline for businesses who have more than 100 plus employees. almost everybody. some republicans think the president may have dodged a bullet with the ruling. florida congressman michael waltz on "fox & friends." >> i think the courts did the biden administration a huge favor on this one. we were on the verge of massive shutdowns on top of the supply chain crisis, on top of the labor shortages, covid overseas factories you will have railroads laying off people, ports laying off people, it was just about to take these existing disaster and pour fuel on the fire. >> harris: the congressman making the point that i guess the president needs to send the judge and this decision a fruit basket. >> what is the main economic problem today? a worker shortage. 10.4 million unfilled jobs in america. 51% of american businesses can't find workers. why would you implement a vaccine mandate that would force people to fire workers who are willing to work and are actually working and because they haven't been vaccinated even if they have natural immunity from prior infection. you don't need a vaccine. why would you throw those people out of work? >> harris: science has taught us immunity doesn't last forever and why you need a booster and same with natural immunity. put back the signs and talk with the medical professional in your life and find out what you need. i never hear that from the president anyway. >> natural immunity is 7 to 10 times more powerful than vaccinated immunity. if you've had covid recently and recovered from it you do not need a vaccine. there is no reason on earth. to throw people out of work, those businesses can't find replacement workers for them. >> harris: look, i want to reiterate you and i are not doctors and doctors have said as you pointed out. we're vaccinated. no matter what your situation is they are still the experts so you may need a vaccine after getting covid depending on how long ago you had it. you said the word recently. once you walk away from that point. so all of this, though, i ask the question why focus on that when you know you have a than economy that's failing. the economy isn't. what you are doing to it is. >> what's happening is we have huge demand because of the biden administration poured 1.9 trillion into the economy but because people have saved money the savings rates are so high. people are not rushing back to work. the demand side is heating up. supply side can't keep up. you have to let the supply side catch up. >> harris: we put so much on businesses now. thank you for being here. nancy 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>> it will be the president's decision. i understand people feel hypocrisy. many elected leaders you have a balance. we have to balance the abundance of caution to make sure we don't spread covid-19 and don't have the impact of death and despair we saw last year but deal with fact more and more americans are vaccinated and living in the duality of those two things create situations like we see here. elected officials not wearing the max. >> harris: we saw it before we had vaccines. we saw lori lightfoot in chicago. didn't she get her haircut and nobody all -- >> that was nancy pelosi. they both did. >> harris: they both did. >> you have to call a spade a spade. those were wrong. but i think where we are now as we begin to move out of the pandemic there is a duality. >> why are we now? if you get vaccinated you need to wear the mask. in d.c. they're getting rid of the mask mandate. muddled messages. really creating frustration for the american people. >> harris: vaccination rates vary, too. so does this conversation. "outnumbered" is after the break. up to $60,000 or more. 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. >> fox news alert. on verdict watch in the it could rittenhouse trial with the jury deliberating for the third day, after the media blasted its coverage of the proceedings in this highly charged case. all of this has protests erupted outside the courthouse. watch >> i'm joined by my co-host, harris faulkner, who is in