capitol hill fueled following a contentious phone call between scott member congresswoman ilhan omar and congresswoman laura. lawmakers demanding public apologies, plus, how employers could be using your stock to monitor your every move. we begin tonight with a cause for concern not for panic we are told kevin corke tracking the biden administration's response to the spread of the omicron variant. good evening. >> for skeptics, let's be honest, news about the new variant is another ploy by the white house to get people to take the shot despite the fact that by most accounts it's not as serious as it first appeared. the skeptics might say that, but for those of you unwilling to take a risk, any risk when it comes to covid-19, newsome and the new variant is precisely the sort of thing that can cause great anxiety dad's by the way something today president biden said he does not want to see. >> the variant's cause for concern but not of cause for panic. we are going fight this with science and speedy, not going to fight it with chaos and confusion. >> following a meeting with his task first urging americans to take in stride news of the omicron variant of covid-19. all but assuring consumers and business owners in particular worried parents that now is not the time to return to lockdowns. rather to get vaccinated boo sturdy, and where possible to wear masks the comments come after the u.s. blocked visitors from eight southern african nations. decisions that sparked outcries among african leaders many of whom insist they are simply no evidence that such measures are necessary! >> we call upon these countries that have imposed travel bands on our country and our other southern african sister countries to immediately and urgently reverse their decision. there is no scientific justification whatsoever for keeping these restrictions in place. >> me dwell on, republican lawmakers seethed with indignation , senator of arkansas to joe biden joe biden and tony fauci pushed crushing restrictions on americans like masking 2-year-olds that are pointless. when it comes to target a travel bands to protect american citizens, there is nothing but incompetence and half measures from the white house. this is a federal judge today blocked a biden administration vaccine requirement in ten states citing that the mission likely exceeded its authority. >> the ruling by u.s. district judge in st. louis prevents the center for medicare and medicaid services otherwise known as cms from enforcing its vaccine mandate for health care workers that is until the court can hear legal challenges brought by the ten states involved. >> shannon: kevin, late today president biden canceled his plans and he was going to address the supply chain which is ongoing. the white house had some strange scheduling and what happened there? >> let's be blunt, this happened and it's also true was not exactly smooth sailing of the white house today. in fact, 15 minutes before the scheduled remarks, the white house announced the press the address was off. officials explained and that was because the president wanted to spend more time with business leaders who are visiting the white house. it certainly comes at a most inopportune time for the white house especially as you point out with the supply chain problems and inflation worries just ahead of the holiday shopping season. the remarks for their part now are now set to take place. it's totally normal, this was unexpected and perhaps, shannon, a possible sign that there will be a lot more messaging done by the white house. >> shannon: that's part of the rollout conversation. kevin, thank you and see you in just a few minutes. new york city made her bill de blasio reinstituted the big apple indoor mask tonight. new york and new jersey, the original epicenters of the u.s. covid outbreak last year try to avoid a repeat by getting proactive as we know we to find out what is the actual threat posed by the new variant. correspondent lauren green has more on the story tonight from new york city. good evening. >> good, shannon, you know many don't like new york was once the epicenter of the pandemic here in the united states. with the new omicron variant, they are not taking any chances. >> watching to see whether or not there is a big case here in new york. >> new york governor recently expressed her executive order on stemming the omicron variant and yet to make an appearance in the united states. >> i expected to arrive fully. we have notification that it has arrived in ontario which is literally across the bridge from where i live. >> preparing for a winter's spike in covid's cases. boosting that capacity by 10%. the omicron variants like the delta variant but what an added threat, the ability to mutate. >> this omicron has more than 30 mutations in the protein and some of the mutations are ones h highly transmissible variance like the delta variant, but it is the combination of potential increase transmissibility and ability potential ability to escape our immune system that has everyone worried. speak of the city that never sleeps, officials issued a health advisory recommending the wearing of masks indoors and all public places. mayor bill de blasio said stopping short of the mask mandate because the focus should be on mask mandates. >> everything we know, vaccination is crucial to any strategy for addressing omicron. we are going to double down on our vaccination efforts. >> new york's incoming mayor agrees. >> we are going to be on the same playbook. we must get vaccinated in a railway. >> health officials are trying to strike a balance. there is much we do not know about the omicron variant, we must be cautious and yet we do not want to pack an act or overreact is understood. >> shannon: lauren green in new york, thank you so much. media frenzy about the latest coronavirus variant and talk about the real world impact of's emergence. analysis, great to have you back i'm a doctor. doctor. >> hi, shannon, how are you? >> shannon: i'm good, bringing you from the south african doctor and i believe is how she says her name. she was handling some of the very early cases in the reporting on them and she says what we're seeing clinically in south africa and i'm at the the epicenter of this where i'm practicing is extremely mild. spoken to other colleagues of mine and they give the same picture. she also says this. >> the hype that is being created currently in the media and worldwide doesn't correlate with the clinical picture. it's. >> shannon: how do we know at this point if were under react in or overreact and? how can we tell and is it just a matter of time? >> well, shannon, the point of concern that this very ends has various mutations and the protein a total of 50. frankly, the mutations are concerning for a fallacy and bypass phenomenon it's encouraging to know that the symptoms are mild and of course most of these have been described as folks who have been vaccinated so that's encouraging in a way. but i frankly do not blame our public health officials for actually taking this very seriously because of vaccine bypass phenomenon could potentially prove disastrous. >> shannon: i believe the reporting over the weekend was the initial cases reported out of botswana, at least they are reporting was that they were fully vaccinated individuals and in israel, somebody at least one of the cases was fully vaccinated and boosted. you're talking about is variance being able to go around the vaccine potentially and i'll let you explain it more for us. at the reporting from the w.h.o. when they talked about this the associated press reported talking about what we do not know so far, that there haven't been any deaths come a little information's to from omicron so far. but the w.h.o. advisory said it's more likely to re-infect people who have already had a bout with covid-19. event includes millions of people around the world. that seems like an interesting nugget for them to include. what do you make of that? >> number one, when you mentioned earlier, which is that the idea of the vaccine bypass talking about this. my personal opinion is that it's unlikely that the virus, the omicron will bypass both antibody. the sequence is 95%, and even if the antibodies are bypassed, immunity persists. it's a good thing. in terms of the reinfection right, i frankly think it's pure speculation and the fact that what i would say is that the level of immunity is parted by national infection as we talked about really covers all 28 proteins predominantly the five that are dominant. so frankly, i think the naturally immune people, the omicron variant may be a test of how powerful natural immunity is. the jury is out, but i think pure speculation on the world health organization. i'll be curious to see what the data is. one other thing, shannon, the question we have to ask the cdc and the nih, i'll be directing the question is why is it that we focus our vaccine on one particular protein, the spy protein, for other membrane proteins that could have been targeted. it would not be ironic if the whole virus vaccine the chinese made to end up proving more durable than our mra vaccine. that would be quite an interesting phenomenon. >> shannon: i know you think this omicron variant will be a test of natural immunity and vaccines to kind of see where these things play out in confronting the particular variant we will have more data as we go on. i want to play some thing from dr. fauci who is pushing back and his critics this weekend. >> there is a distinct antiscience flavor to this. if they get up and criticize science, nobody's going to know what they are talking about. but if they get up and aim their bullets at tony fauci, they can recognize there is a person there so it's easy to criticize, but they are criticizing science. i represent science. >> shannon: what do you make of them because basically what it says it sounds like to me if you're criticizing him, that's not allowed because what you're doing is he's equating himself to speaking on behalf of science. >> that's an extremely difficult job, shannon, and the messaging, the misinformation about false messaging and misinformation about, you know, one issue is that science we all try to be humble. i will say that unfortunately, the monolithic way in which dr. fauci has approached this whole pandemic is a problem. i think the administration needs to pull in additional voices, voices that bring in a diversity of opinions. if i can tell you from the beginning, one of the big mistakes the administration has made has been to exclude the development of generic appeasement's fork covid-19. probably the most effective generic we have currently with development in the u.k. this is a dramatic failure on the part of the public health organization. he has to do with the fact that dr. fauci focused on the vaccine. i think we have ignored treatments -- i would really suggest that everyone humble down a little bit and understand that no one person represent science. >> shannon: i would hope that we have full transparency on not only vaccines but treatments available and helpful as well to the people to ask us at whatever point they face the whole covid monster. thank you, doctor, always for your time. the beginning of our holiday season has become open season on many retailers, especially california with an uptick over thanksgiving weekend of violent incidents of organized gangs of looters targeting stories and smash and grab robberies. a correspondent bill melugin has the latest tonight live from the west coast newsroom in l.a. good evening. >> shannon, good evening. if the recent highly organized mask smash and grab started here in california where critics are now pointing the finger at progressive das and soft on crime policies. over the weekend, there were more of the robberies and take a look at the video here on friday night in lakewood right here in los angeles county. a large group of teenagers rated a home depot where they stole tools like sledgehammers, crowbars, and fled in all directions in multiple vehicles. the witness described the brazen robbery. take a listen. >> we try to actually stop them and we close the front entrance. they put their sledgehammers up like whoever got in their way, they were going to hurt them. >> this comes after multiple stories hit in the san francisco area in recent days as well as a nordstrom being hit right here in los angeles. many are now pointing to the policies of progressive das in california like san francisco and los angeles county stores who was the coauthor of california very controversial from 47 which is a law that changed thefts and chop living over $950 value down to a misdemeanor rather than a felony. >> we have to get rid of the imposter district attorneys. you look at the jurisdictions where it's happening, san francisco, it's where you have these stories funded das that are public defenders in disguise. >> shannon, no longer happening here in california. over that we can weekend, flash mob of 30 looters hit best buys in the state of minnesota. three crimes in the span of 36 hours actually boasted to cobbs that he would be quickly freed because of new york city's lax cash bail law. according to new reports, will send it back to you. >> shannon: thank so much, bill. former empire jesse writes today for opening arguments that he is accused of staging a racist homophone like attack on himself and lying to police about it back in 2019. celebrities and lawmakers jumped on the case when it first happened, and police said they had evidenced the whole thing was a hoax. facing six counts of felony disorderly conduct he maintained he is innocent. the sex trafficking trial of the former confidant ghislaine maxwell beginning in new york today. prosecutor she and the late epstein were partners in crime. orchestrating the sexual abuse of teenage girls. she's accused of recruiting and grooming girls for the financier to abuse. it defense attorney says maxwell is being scapegoated for epstein before sending trial. dramatic surveillance footage of a traffic wreck on thursday morning. viral videos next. ♪ ♪ 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 ever notice how stiff clothes can feel rough on your skin? for softer clothes that are gentle on your skin, try downy free & gentle downy will soften your clothes without dyes or perfumes. the towel washed with downy is softer, and gentler on your skin. try downy free & gentle. ♪ ♪ >> shannon: they are looking at the rare pacific football fish, the deep-sea angler fish watched up bob on the beach in san diego remember the scary fish from the deep and "finding nemo"? yeah, i saw this guy out there be finding another beach. of the wild moment captured on a quiet street in boston a car slamming into a parked vehicle and flipping over hitting a few others. with this, you watch the video long enough, well, the passenger and driver you can see them walking away, they seem to be fine. a local police said the driver is going to be charged with reckless operation. moving on, check on a russian firefighter, that's where you'll find him on instagram flexing his rescue skills with a training exercise quickly climbing up three stories and under ten seconds. a burning calories watching this dude and i feel like i need to drop and give you 50. impressive. next up, parts of a town in australia inundated after massive flooding on sunday but school must go on. these two kids being fairy to class on the boat. dad making them go there but that's what i call dedication. 270 miles north of london an english pub facing blizzard conditions sheltered about 60 guests for three nights. if some of them have rooms but that's very limited so most were sleeping on sofas, the floor, where they can find a spot. the staff kept the fireplace going and entertaining themselves with karaoke, quizzes, and movies. confirmed that the snow pile cleared the way allowing guests to leave, and they had a blast apparently they made lifelong friendships. get a video you want to share with us, hit us up at fox news night or shannon bream on social media. if you're one of the millions of americans whose transition to working from home during the pandemic and you're still there, you might want to know your employer may be using your work tools to monitor your every move using special software to spy on what you're doing in your own home. course on a gillian turner and taking a closer look tonight. good evening. >> good evening, cybersecurity experts tell news and american companies use of employees monitor software is exploding. if why it's not something you heard about, if you're working from home now odds are your companies using at least one program to track you every single day. it standard practice for many employers to track the websites you visit, the absolute use including social media, your emails, time you spend on your computer, the keystroke you enter, even screenshots of a computer that can grab in any moment. the most invasive method employers uses activating webcams on your work laptop or desktop while you are at home. they can view whoever is your home live or recorded video and audio whenever they feel like it. it cybersecurity experts say the new normal is completely unacceptable. >> first time i found out that an employer was turning on a webcam at home without my consent without my permission, i personally would quit and say you do not have a right to do that. is because employers insist they track workers for security reasons and to make sure everyone stays productive while working from home. they claim that since they install monitoring software on company computers which they own, workers have little recourse if they feel their privacy is being violated. cybersecurity experts say the early days is a reckoning for the companies using monitoring software is coming soon. >> i think you will see litigation and we will go through three phases. if we go through litigation, regulation, then legislation. if your company is so that from a leadership standpoint you have to micromanage what your employees do then maybe that employees aren't the problem, maybe it's the leadership. >> sources tell us the best thing to protect yourself and home if you are where it is to unplug your laptop completely from the network when you are not working. they say turn it off, power it down, and unplugged the cameras. shannon. >> shannon: gillian turner, thank you so much. kevin corke is back and we are in full-time holiday mode now. online shopping from a lot of packages showing up, and that means a lot of people. >> there's this guy i need to find out his name because he's really funny, he does this video every year on youtube to sort of -- glitter bomb. i love that guy. i forget his name. it's the most wonderful time of the year and i can't take credit for that. a recent survey found that a staggering 210 million packages vanished from porches across the country over the past years. safe lies which conducted the survey found that a mind-boggling 64.1% of americans have been victims of package theft in the past year. that's up 36% from the year before. in case you're wondering, where is it most likely that you will have your stuff jack? denver. >> shannon: your home? >> my home city. san francisco, salt lake, seattle, san antonio rounding out the top five. austin, portland, greenville, raleigh, and hartford, connecticut. up in the 860. i'm curious, do you have any cameras and you believe in? >> shannon: we've got ring cameras everywhere. it's great because it helps us keep an eye on things because were out of town, we have an amazing neighbor who will go over and get the packages for us if we ask him to. >> that helps a lot and i try to do it for my neighbor is too. i live in a very small little neighborhood, very small building. everybody knows everybody, i have cameras too. adt. it cameras in front of the door, the packages, the reason you do it is not just to protect yourself but also to protect their neighbors and i highly recommended. >> shannon: i like it when i'm at the door and my husband will see me and start talking to me through the ring doorbell and scare me to death when i'm coming. keep an eye on your packages. come back soon. >> great win tonight, see you in a field. >> shannon: twitter long-time ceo stepping down but his successor, you guessed it, but we coming back to bite him. just how involved chris cuomo really was in damage control for his former new york governor andrew cuomo. a lot to unpacked for the shannon bream team next. ♪ ♪ clearchoice. 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>> yeah, shannon, i think the mass debate will always happen and there is going to be the gotcha moments. we can relitigate the 2020 election and what trump said in regards to the travel ban. i don't know if it's helpful going forward and we saw four and a half million americans get at least one job during the thanksgiving break including a one and a half million americans getting the vaccine for the first time. that's what we need to focus on and history will judge president biden and president trump in regards to the vaccine and operation warp speed which is a big success of the trump administration and the vaccine rollout which has been a success for the biden administration. we have to get more votes vaccinated. the judge we can relitigate 2020 or we can move forward with an i'd further variant. >> shannon: i want to go lightning round and two other topics i want to make sure we hit them. new documents released in new york attorney general show conversations that appear that he's coordinating giving advice about potentially checking with his sources looking for information on accusers against his brother. cnn said they're having discussions i won't seek further clarity as they relay over this next several days. the atlantic said it in this headline, chris cuomo must. what kind of opinions do you have on that? >> i think he does. the information that came out today from the ages reported more information that comes out from investigations in new york paints a pretty clear picture that chris cuomo deliberately misled us when he said this is how involved he was with his brother's case. finding dirt on some of the accusers, helping figure out messaging with regards to his brother's case, this is hugely problematic and she should go. >> that's right and imagine if it's someone on the other networks and when he should be saying about it a conflict of interest is so egregious. he was an air tonight not looking comfortable i have to say and did not address it. i can't believe he will be in that spot for much longer. >> shannon: twitter has a new ceo and there is tension being paid to when he tweeted back in 2010. he said he was courting a comedian who had appeared on the daily show and he uses quotation marks by that sighed "if they're not going to make a distinctive between muslims and extremists, why should i just a brush between white people and racists?" he's going to be deciding what happens on twitter. >> the more serious thing here like the other story the worse example in more recent example is the interview that this guy gave about one year ago where he was talking about the role of twitter in terms of speech and free expression. first amendment doesn't matter at all, our role is to ensure healthier public conversations. who defines healthier? left-wing activists who run the big tech companies here in silicon valley where i live. this is a very warring development and he's even less committed to free speech and free expression than the outgoing ceo. >> shannon: november 2020, i'll put that up and give you a comment on that. >> i think as we get to know the new ceo better, more will come to light and there's a "new york times" profile of him he's an engineering background. it's a good one, there's more questions about the extent of of free speech and concerns with regulation and more questions and answers with twitter. you will not see me defending big tech or twitter as a democrat on the panel so again, i wish him well as the new ceo p has more questions and answers that he needs to provide. >> shannon: great to think you both. thank you for your time. how early is too early to put up your christmas lights? a complaining neighbor led to a warning from a homeowners association seeking heavy fines to follow all of this for getting into the experience too soon. is it legal or granger? holiday "night court" is next. ♪ ♪ ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ xfinity rewards are our way of thanking you just for being with us. enjoy rewards like movie night specials, xfinity mobile benefits, and the chance to win tickets to see watch what happens live. hey, it's me. plus, get holiday gifts for everyone on your list with great deals on fan favorites from today. join over a million members by signing up for free on the xfinity app. our thanks. your rewards. where's mom? she said she would be home in time for the show. don't worry sweetie, she promised she'd be here for it. oh! nice shot! thanks! glad we have xfinity. with wifi speeds faster than a gig. me too. 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[screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. ♪ ♪ >> shannon: putting up christmas lights in early november could cost a tampa area family up to $1,000. they say they turn to professionals to string their lights this year but the busy schedule men said they had to take the company when it was available. if after the lights went up in early mike early november, lights were notallowe. it could carry hefty fines and it adds up. if the declaration dilemma gaining the attention of mariah carey herself who tweeted my personal preference is to wait until after thanksgiving but there is effectiveness. that's where we kick off tonight's is it legal attorneys. welcome back to both of you and i have to confess that we discussed during the commercial i used to live in the neighborhood and 20 years ago we had a fight over christmas race. when i heard this, they're still fighting over christmas decorations down there? this is a homeowner and he said we could not get in on last year and we booked this year from last year in november 6th with the dates that they had to. it was early but we did it. >> homeowners associations are very powerful. people don't recognize when they move and that they have rules and regulations that you signed up for, whether you bought the house or whether you're renting, you were notified of this. most likely. and if you weren't, there's a whole separate issue there. homeowners associations have the power to enforce their rules and regulations. now whether or not they should have gone as quickly and hard as they did in this case is separate, but they had the right to do this and the laws generally on their side unless they propagated the rule in violation of florida statute which it doesn't sound like they did. >> shannon: exhibit b is a community association hoa guidelines, seasonal holiday decor may be placed from 10/11. other holiday decor may be permitted seven days before. the dates and time and the policy sold out. to speak of the hoa can make the rules here but the intention behind the rule is that it prevents homeowners from decorating year-round. if they include november and december, they have ten months. also, they can amend it through and majority vote through the homeowners. what i would say to the homeowners as get some sticky pudding, take it to the neighbors, spread some cheer, convince them they want to do it too. >> shannon: they are dying to try out to figure out who reported them. from one of the local stations are running saying the homeowners said that at this point it would cost as much if not more to take the lights down and then have them put back up so they are going to stay. the hoa's not going to be the grinch that will ruin his christmas. i can tell you that, costing more to take them down and put them back up, ethan. >> that's destroys here, pay the fine, like anything else. sometimes asking for forgiveness after the fact is a work out and that's what's happening here. you will have to pay the fee, but really important for everybody who is watching. if you're going to move into an area with a homeowners association, make sure you understand the role, get involved with the board as best as you can so that you can influence -- if you didn't wanted to be after thanksgiving, maybe i support you putting up lights after halloween for example, but if your rules say one thing, make sure to get involved so you can change the rules next year so you can put them up on november 6th. >> you get yourself on the hoa board, you have been warned in advance it will not be the funnest experience of your life i will tell you that right now. exhibit b, another local station down there reporting that the attorney for the hoa health box 13 the notice that was sent out after the neighbor complaints. he said before the fine can be imposed, the association must hold a vote which they have yet to do. they said they have to vote on the fine and they have not done it yet. >> to both your points come at the hoa has a lot of power and it would not be the first time they way a role like this. they are being very grinch like. >> shannon: quickly before we go, we have some of your decorations that both of you have done over the years. we want to show some of these the reindeer, beautifully lit candles. also we have you as a little kid with the christmas tree because we wanted to see what you guys were up to. do you have your decorations up this year? yes or no? >> yes. >> yeah, absolutely. >> shannon: and there she is, sarah is a little girl! all right, thank you for sharing your personal stuff and we will see you how to mike and how the case turns out. and finally tonight, jonathan alfaro getting the merit award from first responders in alabama who saved his mom's life. she had a heart attack and she'd come home from football practice, she did not want to call for help, but he ignored his mother and he called 911. thankfully she's going to be fine. regina says she's thankful for her hero's son, and he saved her life. jonathan, your our "midnight hero." kevin, saved his own bond. >> he did the right thing and thank you. it taking you to california for good news, good night. tyrone jackson, he has a project that's called operation warm wishes, which helps families in need, especially those suffering from hunger, food insecurity and this year jackson made a sizable personal sacrifice to make sure that the event went off without a hitch. he donated his own car, 2011 bmr to help people and because of the pandemic. you want to help out, do so by going to operation warm wishes.com. >> shannon: putting his money where his mouth is. that's it from washington. we'll see you back here tomorrow. i'm shannon bream. ♪ ♪ >> are you ready to start a great career? 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look at the numbers. compared to 2019, americas are more fearful and sadder than they have been in generations.