>> president biden: i expect this not to be the new normal. i expect the new normal everyone gets vaccinated with booster shots. >> the president made the remarks prior to a meeting with business leaders to discuss supply chain issues. the public address scheduled to follow was abruptly canceled and wanted more time to talk. those issues would be exacerbateed if omicron takes hold. increasingly fragile economy strains the selling of his $2 trillion spending bill. for now he said lockdowns are off the table. so is his vaccine mandate for now with courts blocking that. the president is expected to speak on thursday to address how plans to address the new variant. >> dana: we learn chris cuomo was working his own media sources to dig up dirt on the governor's accusers. from newly released text messages. cnn now saying it is planning to conduct a thorough review. bryan llenas is live in new york with the new developments. >> stay with me as i guide you through the series of text messages sent between chris cuomo and the secretory to the governor melissa derosa. cuomo was much more active and involved in helping defend his brother than previously known. he used his sources as a journalist to dig up information on the women accusing his brother, governor andrew cuomo, of sexual harassment. in one exchange cuomo reached out to derosa about anna ruesch who claimed the governor tried to kiss her at a wedding. he said i have a lead with this wedding girl. another text he asks chris to find out if more accusers were stepping forward. rumor from "politico" one to two more people coming out tomorrow. check your sources. cuomo responded on it. no one has heard that yet. cuomo also helped derosa write statements in defense of his brother. god damn, i panic every time i see your name. cuomo took issue with the line he wanted to edit in a statement written for his brother. the talk is precarious. i worry about this if investigation proves allegations he has to go line. cuomo then said we're making mistakes we can't afford and delete thread now. these texts contradict what cuomo told his viewers in august that he never made calls to the press about his brother's situation. >> i'm not an advisor, i'm a brother. i wasn't in control of anything. i was there to listen and offer my take and my advice was simple and consistent. own what you did. >> calls are growing for cnn to wire their anchor over ethic journalistic violations. cnn said they are reviewing the documents and having conversations and seeking additional clarity about their significance as they relate to cnn over the next several days. chris cuomo told investigators he was not trying to dig up dirt on accusers, dana. he did not address the controversy on his prime time show last night. >> dana: that story to watch. >> bill: let's bring in newt begin rich. -- gingrich. listen to bryan there. on the face of it where would it be allowed? >> well, who knows in the modern world where hunter biden's laptop doesn't really exist and hillary clinton's 32,000 emails erased didn't exist. who knows what is going to happen? the fact is by any reasonable journalistic standard chris cuomo has to go. first because he lied to his viewers. if he said to his viewers i'm doing everything i can to help my brother, he is my brother and i'm going to recuse myself on air and not talk about it and you all know i have a bias he would be fine. and the fact that he happened to use every asset he had to help his brother would be fine. i think the clincher is he directly lied to the virus on cnn and i think it's pretty hard for cnn to tolerate that and keep him on. again, senior management of these big corporations make lots of decisions that you and i would be surprised by. >> dana: i also wanted to touk about your headline piece over the weekend from mob looting in san francisco to deaths in waukesha the shocking crimes should be a wake-up call. there was a line in there, mr. speaker, where you talked about ann rand's novel and a parallel and could lead to law abiding people deciding to stay home or drop out of society. give you a chance to expand on that this morning. >> well, i just listened on "fox & friends" to a small businessman in portland, oregon, who has changed all his plans. putting all of his new investments outside of the state of oregon and said walking into the studio this morning he passed two people on the street who were injecting drugs. that he has no interest in staying around a drug-ridden, crime-ridden area he feels he has been robbed three times in the last month. so i think you are going to see everyday people respond aggressively. i think crime will become a bigger and bigger issue because it directly threatens all of us. when you see the flash mobs that rush into stores, 80 people, semi organized looting a store, i suspect people will say they want prosecutors who prosecute. they want policemen who police, and they are tired of being told that our sympathy for the criminal has to be greater than our sympathy for the innocent. i do think there will be a big shift but the media will do everything it can. watch the way they are dealing with the killings that happened in wisconsin in which they are avoiding really dealing with the man who killed those people and trying to hide the issue. the media will do all it can to slow this down and not communicate how bad it really is. >> bill: on that point about waukesha a couple things i want to play for you. you are exactly right. the story has disappeared. you had an american take an s.u.v. and drive his car as fast as he could through a christmas parade in a small town in southeastern wisconsin. gutfeld was on this last night. watch. >> when you are in the media identifying who is responsible must be avoided if it makes you seem racist to the activist class. focus on the object and hope the public is stupid. you can run over a christmas parade and kill twice as many people as the boston marathon bombers and they will call it an accident. the soft -- they believe minorities aren't responsible for themselves. >> bill: that from gutfeld on his show and jen psaki is saying the president of the united states will not visit the people who are grieving in waukesha from yesterday. >> we're all watching as people are recovering and this is such a difficult time of year for this to happen. difficult any time. obviously any president going to visit a community requires a lot of assets, requires taking their resources and it's not something that i had present viewed at this point in time. >> bill: today now he will fly to minnesota to talk about infrastructure. if you fly from washington, d.c. to minnesota you fly over wisconsin. or just north of waukesha. that will happen today, mr. speaker. >> sure. but you have to understand in the identity politics of the democratic left, the wrong person was the killer and the wrong people were killed. had that been a white racist killing eight black people and wounding another 40, this would be the huge national story. there would be riots in 100 cities and we would all be expected to say the right things. but it is a non-event because it is actually an african-american who had posted racist comments, anti-white comments, who had posted that you can use a vehicle to kill people. now that's simply not something they will deal with. i will tell you this the american people aren't stupid. if they get to choose next year between a party that believes we need truck control and a party that believes we need criminal control i have a hunch the criminal control party. these people are crazy. if the president's spokesperson believes the average american is dumb enough to think oh, it's too big a problem for the president to visit. he doesn't want to take away attention. that is just a plain lie. the fact is those families would have been deeply touched if joe biden had cared enough to show up and say how sorry he was that that happened. but it ain't going to happen because they are white and they are local and they were killed by somebody who is african-american and therefore in the racist politics of the democratic party, it is a non-event. it can't be allowed to occur because it breaks up the drama and breaks up the narrative. >> dana: thank you, mr. speaker, for being here today. those thoughts are important. >> bill: 12 minutes past now. a surge of violent crime prompting a democratic mail to potentially reverse the cuts in police funding. not the only liberal city to have second thoughts on this. it is happening in various parts of the country. >> dana: students at arizona state university pushing to ban kyle rittenhouse from taking classes there. the school is now responding to the controversy. we'll have the details on that. >> bill: outspoken nba star pledging allegiance to the stars and stripes and changing his name in the process. meet enes kanter freedom live straight ahead. >> so help me god. congratulations, you are now a citizen of the united states. [applause] ♪♪ helping them discover their dreams is one of the best parts of being a parent. one of the most important is giving them ways to fulfill them. for over 150 years, generations have trusted the strength and stability of pacific life. because life insurance can help protect and provide for the financial futures of the ones we love. talk to a financial professional about pacific life. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections —some serious— and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reactions may occur. learn more at cosentyx.com. this holiday season, give your family the gift that keeps on... going? our very own energizer bunny! energizer ultimate lithium. [snowball splat and windshield wiper] the #1 longest-lasting aa battery. you're a one-man stitchwork master. but your staffing plan needs to go up a size. 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 ♪ my songs know what you did in the dark ♪ ♪ so light 'em up, up, up light 'em up, up, up ♪ ♪ light 'em up, up, up ♪ ♪ i'm on fire ♪ ♪ so light 'em up, up, up light 'em... ♪ >> bill: the u.s. military planning some big changes in asia to counter the rising military threat out of beijing. pentagon unveiling plans to upgrade key bases in guam and australia. in addition to what top officials call a strategic redeployment of assets like fighter aircraft. >> you will see new rotational fighter and bomber aircraft deployment and more broadly across the indough pacific you will see a range of infrastructure improvements in guam, the mariana islands and fuel storage, munition storage, airfield upgrades. >> bill: increased tensions between china and taiwan. tay pie deployed its air force yesterday to push back dozens of chinese military aircraft that repeatedly have entered taiwan's airspace. >> without any mental reservation or purpose of evasion, so help me god. all right, congratulations, you are now a citizen of the united states. [applause] >> dana: that was a moment yesterday when our next guest was officially sworn in as an american citizen and celebrated the occasion by changing his name. to tell us all about it is nba star enes kanter freedom. the most moving thing you can witness is a citizenship ceremony. what was it like yesterday for you? >> oh my god, it was probably the greatest moment in my life. i have been waiting for this moment almost six years now and, you know, the last green card, last six years has been very rough. turkish government revoked my passport. put my name on interpol list. it was a very rough six years. from day one american people opened their arms and gave me a warm welcome and i think it was dream come true and i was like wow, i cannot believe i am finally, you know, going to call somewhere home. so that definitely meant so much to me. you guys have no idea. >> bill: great answer. you will wear a jersey tomorrow night when you take the floor. on the back it will say freedom. was there a tough question that would stump us? >> i tell you a story first time i come to america back in 2009 i remember one of my teammates were criticizing the president and i got so scared i turned around and said dude, what are you doing? they'll throw you in jail. he started laughing. listen, this is not turkey, this is america. you don't have to worry about that. but freedom meant so much to me. i wanted to make that word part of me because obviously in america you have freedom of speech, religious, expression and press. not many countries in the world have that. we should definitely to be here. >> dana: there was a survey that showed most americans would fail the u.s. citizenship test and reuters says in 20182 out of three americans wouldn't be able to pass it. when my husband took it in 2006 he was nervous to make sure he got them all right. how was that test for you? >> to mef it was very easy because i study really, really hard. i wanted to get all the answers correct but i was actually studying with some of my american friends and i wanted to test them. i wanted to see if they actually know. they are born here and from here. and i started asking them the questions and they had no idea. i was like dude. let's work together. >> bill: he will be on "the five". for a lot of people who aren't aware of your background. born in switzerland. citizenship in turkey. now dual citizenship and very outspoken and gotten a lot of attention in the how you have been criticizing china. a colleague of yours who seems to lack respect for you. it's lebron james. you have gone after him publicly. lebron james was in boston a week and a half ago and said this. i don't give too many people my energy. definitely not someone i would give my energy to. if you have an issue with somebody you come up to him. he had his opportunity tonight. i saw him in the hallway and he walked right by me. what would you say to that and perhaps a missed opportunity maybe to talk to lebron face-to-face privately? >> he didn't walk by me and i didn't say a word. obviously when you are an athlete and sign with companies like nike and when china become your big boss you have to remain silent and it's just a shame. but someone has to do it. someone has to be outspoken about all the human rights violations happening around the world. especially in china because you see there are so many athletes, actors, so many celebrities are scared because they care too much about their money, their endorsement deals, you know, their contract stuff. to me, you know, values, principles and morals is bigger than everything. i don't care about any of your -- >> bill: you just said lebron was lying. did you not see each other in a hallway? >> so this is what happened. i saw him on the court and then i left the court, right? and he was right behind me and my assistant coach was with me. i stopped to take a picture with one of the fans and he was walked right past me and didn't say a word. i wasn't expecting him to say anything nen way. >> bill: why didn't you take that opportunity to speak to him? >> because my back was turned and i didn't see him passing me. as soon as i turned around he got in the locker room. even my assistant coach said lebron just walked past you. i was like i wish we had talked. >> dana: you aren't afraid to talk to china and i would believe that you would talk to lebron james as well because you have stood up on principle before. congratulations, fellow citizen. it is great to have you amongst us. thank you so much. >> bill: well done. we'll look at the test and get back and let you know how we do. thank you, enes kanter. we'll see you on the court tomorrow night with freedom on the back of your jersey. >> bill: republican congresswoman offering an olive branch to ilhan omar. it only escalated the feud. the reason why we'll tell you. the latest covid variant putting the world on edge. are more lock downs on the way? will vaccinations be enough? have to wear a mask? all those questions for the former attorney general dr. jerome adams. >> we have the entire world economy on hold now. $54 billion at the nih and cdc. they need to go to work and get this question answered. we have elective surgery on hold and all kinds of things going on. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. the ergo smart base from tempur-pedic responds to snoring- automatically. so no hiding under your pillow, or opting for the couch. your best sleep. all night. every night. save up to $500 on select adjustable mattress sets during the black friday event. >> bill: 9:30 in new york. acquit all an all charges for kyle rittenhouse is not enough for the roek left. students at arizona state university pushing back on the school to kick him out calling rittenhouse a racist and blood thirsty murderer. four groups led by students for socialism are planning to rally tomorrow to protest his enrollment. might be a mute point. officials say rittenhouse is not currently a student at arizona state. okay. >> dana: they are all spun up over nothing. maybe they are going now to take some classes about civics themselves and take a citizenship test and see how that goes. >> bill: i thought his interview with tucker made him seem older than 18. >> dana: so much more burying the hatchet. boebert reached out to omar yesterday attempting to apologize for recent controversial comments about the minnesota democrat. the call did not go well and continuing into today. we have the details. hi, aishah. >> things could escalate further. a muslim advocacy group is calling on house democratic leadership to censure representative bow bart over the entire ordeal. it could have implications in the long term for democrats, too. what's happening here. this all surrounds some controversial comments that representative boebert made a week ago suggesting that omar could be a terrorist. on friday boebert apologized to the greater muslim community but not specifically to omar by name. said she arranged a private call which ended with omar hanging up on her. boebert claims omar demanded she issue a public apology to her which boebert refused and responded with her own demands for a public apology. >> this isn't about religion, the horrible, failed, democrats policies and anti-americanism that i will call out each and every time i hear it. >> we know omar has her own history of making controversial comments. you will remember the all about the benjamins tweet condemned by her own party as anti-semitic and multiple attempts to strip her of her committees. it never happened because republicans have been in the minority. house democratic leadership is calling on minority leader kevin mccarthy to take action against boebert. if democrats move to perhaps censure boebert as they did representative paul goss ert a week ago it could put them in a tricky situation if republicans take back the house as soon as next year. >> dana: we'll pay attention to it today. thanks. >> this variant is a cause for concern, not panic. the best protection for this variant or any variants out there, the ones we've been dealing with already, is getting fully vaccinated and getting a booster shot. >> bill: that was from the white house yesterday telling americans to remain calm saying the best strategy in combating the new variant is the vaccination. this after the cdc on monday urged all u.s. adults 18 and older to get a booster shot as the new covid strain spreads around the world. with me now is former surgeon general jerome adams. i see that purdue university sign behind you back in indiana. thank you for spending time with us today. you were hot on fire on twitter earlier today. here is one of them. the entire strategy has been to rely on u.s. vaccinations alone to protect us, ignore testing and sequencing and blame trump if we don't get enough people vaccinated bad things happened. you are entitled to hate trump. it is not a winning strategy. i ask you what is their strategy and what has this administration done better than you did while you were in charge? >> one of the things i want to do is start off on a positive note and i think the president struck the right tone yesterday when he said we should not panic but preparing. for the virus out there the ways to prepare to get vaccinated, get boosted, get tested come out of thanksgiving and have rapid tests available so you can have a safe holiday season. what i don't hear yet is what the federal government is going to do to prepare. what will they do to increase vaccine outreach, continue to increase testing availability? i hear from people constantly they don't have availability of testing. what do we do to help people travel safely and get rid of the xenophobic policy saying only people from south africa are banned when we know there are over a dozen other countries now that have confirmed cases. what i'm doing here at purdue is working with the state department of heflt through our i hope grant to increase vaccinations around the state. that's rural communities, african-american communities, hispanic communities. we need to do more of that outreach and less of the anger. >> bill: all right. a couple of questions here. first of all the south africans are saying it is mostly mild and saying a lot of people are treated at home. that seems to be pretty good news. a doctor from south africa yesterday. watch here. >> at this point what we are observing is mild cases. there is nothing significant that suggests we're moving into a real problem going forward. >> bill: they self reported, the chinese did it and we're getting punished for it. come back to my question. what has this administration done better policy-wise on covid than your team? >> well, i think again the tone has been one of really saying we are going to listen to the scientists and follow the signs. it is always a trade-off again the economy and science. i tweeted the morning the white house had a summit yesterday to get toys for christmas but we're among the lowest on the planet in terms of sequencing the virus. we're flying blind here. i think the tone is right. i think we need to walk the talk and make sure we actually are following the science, following the data and increasing testing. >> bill: the death count has been higher under joe biden than donald trump. >> it has. that means it is not about trump and it is not about biden. one man alone isn't going to fix this. we need to engage the private community as we tried to do in the last administration and were successful with operation warp speed ramping up three vaccines in record time. we need to continue engagement. we need to understand this isn't about democrat versus republicans. this is america versus the virus and the world versus the virus. >> bill: scientists are working on it now. on thursday he will deliver a message what the new strategy will be. what would you expect to hear then? >> well, i would hope that he would say here is what we're going to do to make testing more available to people in the united states. here is what we'll do to make vaccinations more available and so we don't have a xenophobe i can policy only saying africa is banned from coming in and out. ways to do that. we can test people with pcr test 24 to 48 hours before they board a flight and test them with rapid test before they board. there are ways to keep travel open and keep communities open using the tools we have. we have to use them personally, vaccination, boosting, policymakers have to use them on a public scale. if we do that we can get through the holiday season safely and with minimal harm. we're talking about omicron. we haven't put delta to bed yet. we have to use the tools and come together. >> bill: looks like he will go back to the mask strategy. see if that happens. nice to see you again. dr. jerome adams back home in indiana. thank you, sir. more on the fight against the new covid variant next hour. nih director francis collins will be with us and get his take whether or not the vaccines will be effective against this round this time. >> dana: waukesha christmas parade attack suspect facing an additional murder charge after an 8-year-old victim died of his injuries. we'll details ahead. retired police officer among three people killed in oakland, california this past weekend. the latest victims and the crime spike rocking that city as city leaders try to undo police cuts. >> i know that kevin was being kevin and was serving and protecting and guarding reporters in oakland who were covering a story and, you know, ultimately shot for that. it's the season of smiling. and at aspen dental, 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 veteran homeowners- you made a smart move when you bought your home. now make another one and turn your equity into cash. with the newday 100 va loan you can take out 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. ♪ (vo) reflect on the past, celebrate the future. season's greetings from audi. earn about covid-19, the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. >> dana: waukesha christmas parade attack suspect facing a sixth murder charge after an 8-year-old boy died of his injuries last week. the suspect is due back in court today. he allegedly ran over the mother of his child weeks before the massacre. griff jenkins is live in washington with more. >> that's right. today's hearing is unrelated to last sunday's attack. 39-year-old darrell brooks whose criminal record dates back to 1999 is in court today facing five felony counts including second degree recklessly endangering safety. prosecutors say in early november brooks ran over the mother of his child in the same red s.u.v. he used to plow through the christmas parade and according to records obtained by fox's milwaukee affiliate brooks was deemed a high risk in a pre-trial assessment after his november 5th arrest with officials worried he would commit another crime, yet he was still given a low bail which he posted days later. this as the attorney representing him in today's case joe domask is asking to withdraw. relationships and familiar tease between the attorney and the communities effected by incidents arising in the waukesha county holiday parade have created a conflict of interest. this as brooks faces life in prison if convicted in the christmas parade attack. now charged with that sixth count of first degree intentional homicide following the death last week of 8-year-old jackson sparks. meanwhile, white house press secretary jen psaki says the president has no plans to visit waukesha any time soon. >> any president going to visit a community requires a lot of assets, requires taking their resources and it's not something that i have a trip previewed at this point in time. >> brooks is being held on a $5 million bail. his next appearance in the parade attack case comes after the new year. >> bill: from oakland, california, about face with the city's mayor saying she wants to hire more cops. that coming in response to an alarming spike in violent crimes and homicides, including the killing of a retired cop who was killed trying to protect a tv crew. senior correspondent claudia cowen is live in california. she have is on that story today. >> good morning, bill. a stunning reversal the mayor of oakland, california is pitching up a plan to hire more police officers as soon as possible to beat back a wave of violence that has some residents afraid to leave their home. the announcement comes after another weekend of fatal shootings, including as you mentioned a retired oakland police officer acting as a security guard for a tv news crew and a man who was trying to stop a car robbery near a lake, a popular spot for families and tourists. the new fatalities brought number of homicides in oakland, far surpassing the old numbers and the mayor says the number on police of the street is the lowest it's been in a decade and staffing levels fell below a 2014 footer approved mandate to budget for 678 officers. she says that on friday she will propose a revised hiring plan to get the staffing levels up. ask for another police academy and that's not all. >> we'll be presenting an analysis to make the case to reverse the cuts that are planned for just eight months from now. that analysis will make the case that additional police staffing is needed in the wake of this violence. >> last summer amid the defund the police movement oakland cut $14 million from the police budget diverting funding to social receives and violence prevention programs such as non-police responses to certain 911 calls. on top of that, officers were leaving the city faster than new ones could be hired. so among the cuts that the mayor now wants to cancel, a hiring freeze on 50 positions in the police force starting in july. >> bill: thank you, claudia in says lito today. >> dana: president biden set to address the nation's supply christ. -- soef safe the two-day delay raises questions. karl rove on that and more next hour. plus this. >> the spirit of christmas is still alive and these kids still believe. they have the right to believe and see santa. >> dana: not just christmas trees in short supply this holiday. santas are having staffing issues, too. that's next. ♪♪♪ veteran homeowners- with home values at all-time highs and rates at near all-time lows now's the time to do more with your home equity. veterans are calling newday at a record pace to take advantage of the newday 100 va loan. you can borrow up to 100% of your home's value to upgrade the kitchen, add a pool for the grandkids, or have the security of cash in the bank. with an average cash out amount of $60,000, you can do more. jeff's been to the bottom of the ocean. the tops of mountains. and wherever this guy runs off to. a life well lived should continue at home. with home instead care, older adults can stay home, safe, and happy. home instead. to us, it's personal. >> man: what's my safelite story? home instead. my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ hey i'm joe montana. when you get to be our age, you have little patience for nonsense and inefficiency. after years of practice, you become a pro at pretty much everything. so when i qualified for medicare, i got with wellcare. wellcare is no nonsense. they're pros at putting everything together to make things easier. their plans include things like prescription drug coverage dental, vision, and hearing coverage. it just makes sense. ♪ ♪ yeah. do you want a medicare advantage plan that just makes sense? then be like joe montana and go with wellcare. wellcare can offer their members dental, vision, and hearing coverage to make things easier. it's a no brainer. go with a no-nonsense medicare insurance provider. call for a free wellcare guide today. serena: it's my 3:10 no-exit-in-sight migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes, without worrying if it's too late, or where i am. one dose can quickly stop my migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. serena: ask about ubrelvy. the anytime, anywhere migraine medicine. >> dana: tiger woods giving his first major interview since the car crash that left him with traumatic leg injuries. he will not compete at the same level and tells golf digest something that's realistic is playing the tour one day never full-time ever again. pick and choose a few events a year and you play around that. you practice around that and gear yourself up for that and you play. i think that's how i will have to play it from now on. it's an unfortunate reality but my reality and i understand it and i accept it. >> bill: good for him. i saw the whole interview. i can't believe he is actually walking. you think about how far he has come. >> dana: how far sports medicine has come as well as how quickly people are recovering. >> bill: for him not to play on the tour. if he plays one event a month it will take the sport and send it to the next level, to the moon, dana. here we go. one st. nick may not be coming to your town this year thanks to a growing shortage of santas. they report a 10% decrease in santas this year versus a year ago despite a 121% incoos in demand. mitch allen came dressed for the part. nice to see you. i saw the story and i said even santa doesn't want to work in this economy. what are you up against? >> the demand this year as everyone is seeing reopening, everyone wants to get back to normal. they weren't able to see family or friends last year. they are wanting to this year and want to have santa be part of it. at hire santa we help brands associate themselves with christmas. demand through the roof. over 120% over pre-pandemic levels and we have lost a number of santas over the last year and a half as well. >> dana: tell me what it is like to be a santa. it is a temporary job, seasonable. i imagine it is pretty fun. >> santa claus being a santa claus entertainer is tremendously fun and the people who appear as santa claus, this is who they are and identify as and they're santa 24/7 all year round and the love and joy of christmas in their hearts and making the magic of christmas come to life for millions of people around the world. >> bill: mitch, you think covid has a lot to do with this. tell me what people are telling you about why they don't want to do the job. >> it certainly does. really there are three reasons. number one, covid still exists and as you can imagine our santa claus entertainers are at high risk if they get covid. a number are synth out this year. unfortunately we lost a number of santa claus entertainers. just this year alone 335 that we're aware of have passed away due to covid unfortunately and every year some just age out and decide to hang up the red coat. those three reasons we're down about 10% from pre-covid levels. >> dana: if people want to give this a shot, it's hire santa.com. would you say that -- what's the age range of people who could do this? >> santas come in all shapes and sizes and ages. we have some very, very young santas who are really good. generally our santas are in their 50s and 60s whenever they start to appear and they have a real beard. real belly and always real jolly. >> dana: thank you so much, mitch. we appreciate it. >> bill: good attitude. >> dana: more people should be santas. i'm going to volunteer, bill, coming to a mall near you. >> bill: statement from costumes for santa talking about the supply chain. there is a lot of needed items still in containers, wholesalers haven't gotten their stuff from chain wra. -- china. it could come from the north pole. >> dana: maybe president biden will work it into his remarks that he is revising coming up. you would do the santa thing if i dare you? >> bill: it would be fun. maybe on "the five". >> dana: maybe on fox square. take me up on it. now this. testimony set to begin this hour in the criminal trial of actor jussie smollett following yesterday's opening arguments. welcome in a new hour of "america's newsroom." i'm dana perino. >> bill: i'm bill hemmer. the prosecution accusing the actor of staging a fake hate crime to get attention and to get a pay raise. smollett faces six felony counts of disorderly conduct for lying to police. defense attorney firing back telling the jury he is a real victim of a real crime. matt finn has been on the story since day one outside the courthouse in chicago today we go. matt, good morning. >> good morning, bill. this jussie smollett saga has dragged on for years. it is now finally the moment his case will properly go to trial and justice is expected to be served one way or another. you will recall the actor's initial charges of lying to police were dropped by kim foxx back in 2019. there was uproar that foxx dropped his charges because of his fame. later revealed michelle obama's former chief of staff texted with kim foxx regarding her concerns about the case. a special prosecutor was assigned and recharged with six counts. smollett says he was the victim of a racist homophobic attack by president trump supporters in 2019. in opening statements the special prosecutor repeatedly told the jury smollett's incident was a fake hate crime using fake over and over saying as a black gay man smollett denigrated real hate crimes. prosecution told the jury he sent himself a fake hate letter to the empire tv studio where he worked. he was upset when that letter didn't get enough attention and then hired the two brothers to pretend to beat him and the brothers are expected to testify. in court his defense attorney told the jury smollett is the victim. the brothers are sophisticated criminals who did not like smollett and evidence will show that smollett does not love attention. the jury is 7 men, 5 women. white and middle-aged. one black man and one black woman as an alternate. he previously told fox news this trial is a dog and pony show. he expect to hear from his brother in a couple of minutes. well oh he keep you updated. >> bill: nice to see you matt finn in chicago. >> dana: president biden heading to minnesota today to promote his spending plans that he says will ease supply chain issue. he canceled remarks yesterday minutes before they were set to begin. rich edson is live in rosemount, minnesota on what to expect today. >> president biden arrives here this afternoon to the dakota county technical college and speak and do a tour of the place. the in-person classes are canceled today because of the president's visit according to the college website. the students and faculty we'll see in a few hours will be by invitation only. this as the white house has signed the bill, the president has signed the law, the president will sell his infrastructure bill, the one signed a couple of weeks ago as democrats are now trying to push through an additional $2 trillion in social spending by the end of the year. >> deliver remarks how the bipartisan infrastructure law will deliver for the american people and create union jobs and improving the infrastructure for our supply chain. >> we have to step up and turn course and last thing to do put trust in this administration. >> there are also questions of how fast and efficiently the federal government can spend that first trillion dollars with infrastructure programs across the country consistently bogged down by red tape and cost overruns. the president has been stuck between the moderates and progressives in his party. thoefs who are trying to rein in more government spending and those who say 3 trillion is too small to address everything. minnesota congresswoman ilhan omar even voted against the president's infrastructure plan using it as leverage to try to pass the larger social spending bill. this all as the president' approval ratings have fallen significantly since the summer especially inflation, the numbers for october of this year up more than 6 percent compared to october of last year. that's the largest jump we've seen since 1990. dana. >> dana: thank you rich. >> bill: want to bring in karl rove former deputy chief of staff at the white house. rich was just mentioning the poll numbers. this is what abc has. economy 58% disapprove. only 36% approve of that. you go one more, disapprove or approve the way the president is handling coronavirus. back in april he was up 33 points. he was up 33 points in april. today he is minus 2 and has another challenge now. how do you see it going? >> well, the numbers are bad and as rich said, inflation plays a big role in it. this is where inflation was on ally thames in january. up 1.4% over the previous year. in october it was up 7.5% over last year. shelter up 4%, food 6.3%. energy up 35.6% and in january it was down 3.6%. it was deplating the cost of energy. this is affecting a lot of people at the grocery store and at the gas pump and at the department store and as a result of the president's in bad shape. the same problem applies in a way to the whole issue of the supply chain that we are now talking about. and that is that they don't have a plan. the plan to the degree they have a plan, it's a plan to make the problem worse in the case of inflation, not better. >> dana: do you think it might be one of the reasons that he abruptly canceled those remarks on the supply chain or could it just be because he was not in a mood and decided to do it at a later date? >> i think it's part of the problem. what is their plan? this problem didn't emerge last week or last month. we had a backlog of ships synth off the los angeles port for months and months and months. the first question is, what is your plan? but behind that we ought to be asking who is in charge? is it the national economic council? we haven't heard from brian deese. did the white house say you are in charge of a problem? was it the department of transportation, secretary of transportation, pete buttigieg. he had a right to take maternity leave but we didn't know about it. normally if a secretary takes a leave like that they would designate somebody to act in their stead during the time they were gone. the department of transportation, what is their plan? treasury? janet yell en. is it the commerce secretary from rhode island? who knows? at the end of the day here is the problem. neither the president nor his chief of staff have decided who is in charge of this problem and who is responsible for leading an effort across the government to develop a plan. >> dana: do you think they would ask kamala harris to do that job as well? slightly kidding. >> only if they wanted to bury it. if they wanted to hear a funny laugh. >> bill: what has this administration done well? tucker thinks he has failed on public policy with regard to the vaccines. you have more deaths this year than a year ago. you came into office and had a vaccine, had a roll-out plan, had a distribution plan in place. what has this administration managed well? >> i would be hard pressed because look, if you look at it you are right. a little bit upside down on covid. the important thing to look is how far he has fallen on covid. he started off okay on the economy, he is badly upside down. started okay. do people think we are oef going in the right direction no? no. the administration bungled the first year and end the year by adding to their woes, not getting out of their problems but adding to them. schumer says by the end of the year we pass a budget. we are in our third month of the fiscal year -- yes, as of tomorrow the third month for fiscal year. we don't have a budget. we have a debt ceiling. now what do they want to do by christmas? pass the bbb plan when we don't even know the total true cost of the bill. monday cornyn said cost out all the spending programs for all 10 years in the bbb rather than what they've done gimmicking it up. some programs only last for a year or two or tree three or four. none of the major ones last for 10 years. no democrat who votes for this bill is going to vote to cut these programs or allow them to die when they get sunseted under the bill. >> dana: one last question that has to do with the president's travel. he will travel from washington, d.c. to minnesota to talk about the supply chain. and the spending bills he wants to do. but yesterday jen psaki was asked if the president considered going to waukesha or plans to go there to comfort the victims' families from the rampage by darrell brooks. she said there was no plan to do so because they didn't want to take away assets for first response but there is no first response. they aren't in the middle of a hurricane response, for example. what do you think about him not going? >> bill: maybe that changes, karl, we see in the coming days or weeks. he is flying over wisconsin to get to minnesota today. >> yeah. look, the administration is tone deaf. they are on their back feet. once you get off of stride, it is hard to get back in the right stride. i repeat, who is in charge? not only who is in charge of the issue of supply chain but who is in charge of making these decisions inside the white house? who is in charge of setting policy? who is in charge of setting a schedule? who is in charge of thinking these things over? the president is not being well served by the people around him. we've seen 10 months of problem after problem after problem. most of which could be avoided and much of which could have been solved or dealt with, which aren't. we go back to where we started. supply dhin. -- chain. they knew they had a problem with it when they walked into office and now they want to look like they are doing something about it. we don't even know what they are doing because they don't know what they are doing except giving a speefrntion making an appearance. meeting with executives and hoping people say we're working on the problem and it's sufficient for the american peoples. their numbers will get worse, not better as a result. >> bill: more to talk about that at another time here. we have discussed a lot about ron klain's role, chief of staff. a lot of it comes back on the president. >> dana: if i had a chance to talk to karl more who is in charge? it comes from the top. what karl is saying perhaps the top needs to rethink some things and oftentimes the media will give you a pass if you make a personnel pivot. i don't think it will happen soon but it might. president biden says there is no cause for panic. what you need to know about the omicron variant and will existing vaccines protect you from severe illness and death? dr. francis collins ahead with answers. >> the rising tide of smash and grabs. thieves ransacking stores in cities large and small. how do you stop it and what happens next? that's coming up. >> you can see crime starting to rise. you see violence starting to rise and they have been bold. they know exact will i what they can get away with now. ♪♪ helping them discover their dreams is one of the best parts of being a parent. one of the most important is giving them ways to fulfill them. for over 150 years, generations have trusted the strength and stability of pacific life. because life insurance can help protect and provide for the financial futures of the ones we love. talk to a financial professional about pacific life. ♪ ♪ 'tis the season to break tradition in a cadillac. don't just put on a light show—be the light show. make your nights anything but silent. and ride in a sleigh that really slays. because in a cadillac, tradition is yours to define. so visit a cadillac showroom, and start celebrating today. ♪ ♪ what's strong with me? so vi know when i'm readyoom, and stfor a rest day. today. ...so i can be ready for anything... tomorrow. find out what's strong with you with fitbit sense and daily readiness. >> bill: you have police and shoppers on edge amid of smash and grab rob east. retailers beefing up security to try to keep thieves out of the stores. madison all worth is live in new york city the site of a recent smash and grab there. good morning. >> good morning, bill. we're on madison avenue. an area known for high-end retail. this store was hit just a couple weeks ago around $80,000 worth of goods stolen in a matter of minutes when around 10 to 15 people smashed their way into the store making off with those goods. it is not just happening here in new york. ist is happening across the country. this past weekend alone hundreds of thousands of dollars worth of goods were stolen from stores ranging from home depot to canada goose and with all of this organized retail crime, with strategy, the strategy of stores is changing when it comes to keeping both their customers and employees safe. i'm here with mike, the owner of quad security. when you talk to retailers about this, they normally prepare for shoplifting, small petty theft. what is different about this organized crime and how does it change their security approach? >> what happens there has been an uptick in security. we do plan to employee thefts and petty thefts. this something different. premeditated and organized. maybe once in a while they do surveillance and homework. even the home depot thing you were talking about. to break in and take sledgehammers and lock cutters, they are taking the tools of their trade to come and do things. security people are looking at this but trying to put the right people in place for the effectiveness and to put a plan together to keep their employees secure and their products. >> bill: thank you so much, mike. one of the issues, bill, is retailers are having trouble preventing this because the online market place is such a popular spot with very little regulation. so thieves are able to take items and sell it. that marketplace and opportunity is not disappearing until after the holiday season. >> bill: fair point. nice to see you on madison avenue. >> president biden: we have the best vaccine in the world, the best medicines, the best scientists, and we are learning more every single day. and we'll fight this variant with scientific and knowledgeable actions and speed, not chaos and confusion. >> dana: president biden on the fight against the omicron variant yesterday putting his faith in vaccines to do the jobs as scientists learn more about the new strain and how it spreads. joining us now is francis kol yinls. -- kol yinls. collins. why does it take two weeks to find out about the mutation? >> one is to look and see in the real world in south africa, what is the real story about how rapidly this can be transmitted and how serious is the illness for people who get infected with omicron? that's going to take a couple weeks of close observation to see whether people are ending up in the hospital or not. and also because about 27% of south africans are vaccinated. has a vaccine provided some protection. we'll know more in the next couple of weeks. the other part is in the laboratory where we are synthesizing this particular set of mutations and testing in the lab serum from people who are vaccinated is capable of neutralizing omicron. we'll know it by the end of next week. those are biological cycles that have to happen. >> bill: former surgeon general with us next hour. watch here? >> what i don't hear yet is what the federal government is going to do to prepare? what they will do to increase vaccine outreach and continue to increase testing availability? this isn't about democrat versus republican. this is america versus the virus. >> bill: so when do we get those answers, sir? >> jerome adams is a good friend of mine and asking the right questions. i think you are going to see later on this week the president will make a speech on thursday about a surge in terms of getting vaccinations and boosters into arms. but let's recognize the main holding thing holding that back is not the availability of vaccines or the evidence to support them. it is whether american public is ready to roll up their sleeves. i've got to say i've been serving three presidents over 12 years and i'm proud of that. it is really unfortunate that politics has gotten to mixed up in this. if we could get the politics out of it and look at the public health needs maybe those 60 million americans who haven't gotten vaccinated yet would see this is something they want especially now with omicron out there as the next threat. >> dana: one of the things the president said yesterday is the mutation was cause for concern but not panic and "the new york times" today had this piece in their morning newsletter which i always read saying it is possible that mutations make a virus more fear some but it also could make it weaker or cancel each other out. will we know that in two weeks? >> i think we'll have a sense of that by watching what happens in south africa because there are lots of people getting omicron right now there and we'll see whether they are as sick as people who have had delta or whether it could be milder. early indications, maybe it is milder. that was mostly looking at young people. i would be hesitant to call it right now. it's a critical question. we should have more answers soon. >> bill: i have been vaccinated. feel good about it. reading the south african doctors who said these are mild cases. they cause fatigue and that's about it. a lot of people being treated at home. i see no great cause for alarm based on that early reporting. what am i missing about this story? >> so i've been on zoom calls with the leaders of the south african public health system. they are worried it may have been a premature declaration of mildness. most of the early cases were in college students who the end not to get very sick anyway. let's hold off on that before concluding this is not a virus that can cause people to get sick enough to be in the hospital. we'll know more in a week or so. i would be hesitant to declare those early statements as the answer just yet. >> dana: well, in a week or so we would love to have you back so we can learn more. we appreciate your time. thank you so much, sir. >> glad to come back any time. >> bill: thank you, sir. >> dana: made more sense on the two-week issue. >> bill: i think the last answer is kind of -- i would not say ominous but interesting. "wall street journal." the omicron non-emergency. call for three. lockdowns don't stop the virus. vaccine mandates are hurting hospitals. the omicron variant is no excuse for more of either one. we'll see. >> dana: the president tapped the brakes on all that yesterday. >> bill: the governor in new york is saying if you have elective surgery, put it off. does that make sense to you? >> dana: no, it does not. let's not do that. >> bill: fox news alert now. trial of jussie smollett begins today accused of lying to poils. did a sympathetic media already reach a verdict. we have a major campaign issue of the southern border. what do voters think? >> i don't think we'll see any difference in anything until there is a new administration that changes this. as long as immigration laws stay the way they are, there won't be a change. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. it's our cyber week special on the sleep number 360 smart bed. it senses your movements and automatically adjusts to relieve pressure points. whose resumes on indeed match your job criteria. and its temperature balancing, so you both sleep just right. save up to $1,000 on select sleep number 360 smart beds and adjustable bases. plus, 0% interest for 36 months. ends monday >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ 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 take out up to $60,000 or more. with home values at all time highs, now's the time to call. >> dana: southern border crisis becoming a red meat issue for politicians. what implications do the southern border have with the next election? >> more on the politics in a moment. let me set the scene out here. urk see that we have a heavy fog. this is blanketing the area for the last couple of days especially in the overnight and early morning hours and that poses some unique challenges for border patrol agents out here searching for illegal immigrants crossing the border as we move into the time of year where it is getting colder even though we're this far south. this morning as we were driving in we saw a group of 25 to 30 migrants just like clockwork all from northern triangle countries being taken into custody. the surge along the southern border shows no real signs of letting up. the head of next year's mid-terms it gives republicans an advantage traditionally the issue of immigration, that is, especially in times like this when it is making national headlines. listen. >> immigration is going to be front and center in texas and important nationally. it can always be displaced by omicron, covid-19, by the economy going into the stall, by other issues. >> next year texas republican governor greg abbott is up for reelection. immigration reform and tighter border security are cornerstone of his campaign and then former democratic state senator and presidential candidate beto o'rourke is among challenging the incumbent governor. hold on tight. no doubt it will be a bumpy ride. but remember all the while you have just extreme record numbers of apprehensions behind me right now. a van pulling up to take some unaccompanied minors, a group of five or six of them, into custody. it is non-stop as you know. >> dana: we cover it every day. incredible. >> unbelievable. >> bill: to that attack at the star of the tv empire. jussie smollett was an advocate was beaten he says by a men. >> breaking news in the case on what police are calling a possible hate crime. >> investigating a possible hate crime against actor jussie smollett claiming he was attacked on a chicago street by two men who wrapped a rope around his neck. >> bill: part of the 2019 coverage of the former empire actor jussie smollett on trial for making a bogus police report about being attacked because he is black and that he is gay. the alleged assault got a lot of media attention. critics say major news outlets wanted to believe his story even as it sounded a bit farfetched. maureen callahan joins us now. good morning to you. this is topic number one and the media nailed it, huh? >> it is really interesting how quickly they came to the consensus without questioning any of the wild claims in jussie smollett's self-report of this attack that i write only dave chappelle really illuminated how funny it was. when you put that up against, say, the interview he did with abc's robin roberts in which she treated everything he had to say as gospel instead of actively doing her job and maybe asking some hard questions. there wouldn't have been this media consensus that america is intract ibly racist. >> bill: downtown chicago 20 below who is outside going to a sandwich? the media isn't alone. kamala harris said smollett is one of the kindest, most gentle human beings i know. i'm praying for his quick recovery. an attempted modern dalyn muching. -- modern day lynching. that was on the 29th of january. hold your fire. take a breath. give it a minute. >> from very beginning as those newscasters were saying in the lead in the police were investigating it as a possible hate crime. what we now know is that from the very beginning, the police thought his story was full of holes and if you watch actually the body cam footage from one of the responding officers to jussie's apartment or hotel right after the alleged assault, you don't see someone who looks quite traumatized. you see someone who is really quite relaxed and, you know, wearing this piece of rope that, you know, it was a prop, an elaborate prop and cops saw through it pretty quickly. >> bill: i agree with that. kyle rittenhouse case is another story here. you have the media with claims, put it on your screen. a lot of type on this but the claims that were made and then what happened in court. a claim on the top of your screen and what happened actually in the testimony is exactly the opposite. you had to follow this trial closely to understand why the verdict was reached the way it was. that's rittenhouse. ghislaine maxwell is on trial in new york. every since eve was accused of tempting adam with the apple women are blamed for the bad behavior of men. you heard about the conduct of jeffrey epstein. she is filling that hole and filling an empty chair. we're watching this careful life in new york. what did you think of day one? are you there? >> i'm here, can you hear me? i thought it was imminently disgusting and completely representative of this disgusting individual. as i wrote in one of my many columns on ghislaine maxwell the most sacred thing in this case is victimhood. if you look back at her 2016 deposition in which she was completely defiant when asked whether she ever procured females she would say i don't understand what you mean by female. when asked if she ever lurked around school yards to procure school yards she said i don't know what you mean by school yards. this is someone who actually used her gender, her womanhood, to lure these young girls in and make them feel safe. the other thing i wanted to point out, which i have also written about, is statistically speaking, when a child is in danger, a mother will say if you need help from a stranger, always go to a woman because a woman is so much less likely than a man to ever harm a child. so she weaponized her gender and for her defense team to turn around and use it as a mantel of victimhood is really disgusting. >> bill: the trial continues today. jury selection underway, maureen callahan "new york post." nice to see you today. >> dana: supreme court preparing to hear the biggest abortion case in three decades. advocates on both sides of the issue are watching it very closely and we'll explain what's at stake straight ahead. >> women will find ways to terminate pregnancies. and when we make that illegal, women will go back to desperate ways. are we going to find them on country roads dead? 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 take out up to $60,000 or more. with home values at all time highs, now's the time to call. your kindness outshines your highs and lows. your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. side effects may not appear for several weeks. common side effects include sleepiness and stomach issues. movement dysfunction and restlessness are also common. you are greater than your bipolar i. ask about vraylar. bogeys on your six, limu. you are greater than your bipolar i. they need customized car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ 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 >> bill: barbados is the newest republic after parting ways from queen elizabeth the second. prince charles spoke at a ceremony there in which the island nation removed the queen as head of state and then swore in its first-ever president sandra mason. barbados says it will help the country move on from its colonial history. how about that? >> december 1st major case out of mississippi, the dobbs case, that essentially bans most abortions after 15 weeks. it will be heard on the substance. it is here on the merits now and that's the one where supporters of mississippi law are asking for roe vs. wade to be overturned and this to be the vehicle to do it. expect a very busy and heated day from the court december 1. >> dana: the day is tomorrow. the future of abortion rights hanging in the balance. the supreme court hears arguments tomorrow on a mississippi law banning the procedure at 15 weeks. they hope it will get rid of decades of the precedent. how is this case different from previous ones? >> well, we often see the court taking cases that kind of address abortion around the edges. can they have this kind of requirement for ultrasound procedure? can you outlaw abortions that discriminate based on race or sex? this case goes to the heart of roe. and casey. the most recent law says a state cannot full stop prohibit abortion before vie bi. 15 weeks is later than most european countries and far down in the process and clearly earlier than viability. no way to uphold this law and also keep the roe casey regime as we have it now. >> dana: the "washington post", abc poll question should roe versus wade be upheld. 56% of americans say yes. the other poll is yes at 40%. my question also is just on a constitutional point, when you dig into it. you wrote a great piece for fox news .com. when you look at how the roe vs. wade decision was made and all that has come from that are there many constitutional lawyers who believe it was correctly decided? >> i don't think there ever have been a lot of constitutional from the time it started who think roe is a solid decision on the purely legal grounds. it is something roundly criticized including by pro-choice and liberal scholars at the time saying there is not much law there. it was a policy decision ultimately. i think there are a lot of people who want to keep it because they like that policy. the good news is if roe goes away for those people you can still have abortion policy you want in the states. so the states are going to be then the deciding factor. getting rid of roe and casey doesn't mean it's illegal across the country. it just puts it back in the hand of the state. california and new york nothing would change. there will be a range across the country of different texas and georgia on one hand, mississippi is a moderate position on that and again more liberal than most other democracies in europe and then you probably have places that say we want to keep abortion all nine months until the moment of birth and it would be in the hands of the american people to decide on this really divisive i shall oouf what do we want our laws to look like? it is not the job of unelected judges to do that. >> dana: i try to read a wide range of opinion. goldberg is a new york columnist and brought up the point at the moment we're talking about roe vs. wade a lot of the american right is obsessed with bodily autonomy and my body my choice when it comes to vaccines. she says this feminists have always known if men could get pregnant abortion would be a non-issue. it demonstrates this more than any hypothetical could. many on the right believe it's tyranny to be told to put something they don't want in or on their bodies in order to save lives. i wonder what you think about the comparison of mrna vaccine about a pandemic versus what we're talking about when it comes to viability of a baby and 15 weeks and to me it seemed like a strange comparison. i see what she is trying to do. >> it's funny because i think people talk using the my body my choice language are adopting it ironically from the abortion rights and advocacy movement pointing out they are being insistent in this. a huge difference between the vaccine and concerns that mississippi has advanced about both maternal health here and about fetal health. two lives directly at stake here. when the state which even roe and casey acknowledge, the state has an interest in preserving fetal life and making sure that unborn lives are protected and see that happen in other ways in state law. you aren't allowed to attack a woman intentionally to kill her unborn child for example. this is again a challenging balance that states will have to reach. the proper constitutional way to do it is to let the states make that balance because the federal government nowhere in the constitution they should really have no role in this matter. >> dana: the last point this time around the court is different. makeup of the court is different as president trump nominated three conservative justices. we'll see what they say tomorrow. the other thing changed is we have a lot more science and information than we did back in the 70s. does that play into tomorrow's argument at the court? >> yeah. you wouldn't think the scientific advances should affect the law but because roe wasn't based on the legal question it really is based on what we now know to sometimes be inaccurate historical and scientific assumptions, it is relevant. when casey decision has pinned abortion access to viability, we know that's a moving standard and as technology gets better that date moves. it doesn't make sense for our law to depend on the advancements in obstetric technology and further reason it doesn't make sense as the current legal standard for law. >> dana: we'll be following you tomorrow as you follow the arguments and we'll be interested in your opinion after that. thank you so much. >> thanks. >> bill: fast tracked we know that and you will get live audio tomorrow, too. >> dana: we can pay attention to that and bring it to you. i understand "the new york times" column the case against abortion. not about the legal issue but the moral issue. i recommend it to everyone. >> bill: in the meantime her husband is already doing hard time. the wife of el chapo said to be sentenced as well. what she could face behind bars. stay tuned for that coming up next. ♪ christmas music ♪ ♪♪♪ ♪♪♪ if your dry eye symptoms keep coming back, what?! no! over the counter eye drops typically work by lubricating the eyes and may provide temporary relief. xiidra works differently, targeting inflammation that can cause dry eye disease. it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you are allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra wait 15 minutes before reinserting contacts. ♪♪♪ this holiday, ask your doctor about xiidra. umph! ♪ ♪ ♪ ♪ the tempur-pedic breeze° makes sleep...feel cool. because the tempur-breeze° transfers heat away from your body... ...so you feel cool, night after night. save up to $500 on select adjustable mattress sets during the tempur-pedic black friday event. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. >> harris: new variant, same president. americans on edge whether we could see new covid lockdowns. experts say it would be a horrible strategy by the white house and critics are calling out democrat hypocrisy at a whole new height at the travel ban. the worst of times for the president and terrible poll numbers. liberal media saying voters just don't understand him. senator rick scott, joe concha, jimmy failla, "the faulkner focus" top of the hour. >> bill: a day of reckoning for the wife of el chapo pleading guilty to helping him. she will be sentenced if federal court in an hour. mike emanuel is on that story. >> the wife of the mexican drug king pin el chapo finds out her fate today. she pleaded guilty to all three counts against her. conspiracy to distribute and launder. she is 32 years old and a former teenage beauty queen. her husband was considered mexico's most wanted drug lord until sentenced to life in prison. the justice department says the cartel that he led imported more than 495 tons of cocaine, 99 tons of heroin, 49 tons of methamphetamine, and 99 tons of marijuana over 25 years. the government is requesting a four-year prison sentence for his wife. prosecutors are also asking she be sentenced to five years of supervised release and fine of $1.5 million. she was arrested at dulles airport outside washington, d.c. back in february. >> she didn't expect to get arrested after her husband received life in prison. it is a troubling time. we will get past it. she has been wonderful to represent. as easy as any guzman ever has to represent. >> she could have received life in prison on the drug distribution charge alone. she is cooperating with authorities but up to a federal judge today ultimately. >> bill: thank you, we'll watch it. >> dana: see if she stays in jail, too. >> bill: before we go. i don't know if i ever put my foot on the desk. here we go. >> dana: these videos upset me. oh, yeah, people's pain. i know they are crowd favorites. >> bill: do you follow jerry of the day? >> dana: yes, it is pretty funny, i have to say. "the faulkner focus" is up next. here is harris. >> harris: begin with a fox news alert. the biden presidency is in full damage control mode. how do we know? for months on the campaign trail we watched biden verbally attacking president trump all over coronavirus and how it was being handled and travel bans and all of it. and now that very topic, covid, has biden in a world of hurt with some alarming numbers among americans. i'm harris faulkner and you are in "the faulkner focus". the president says he doesn't see new lockdowns on the horizon