decision. fox news chief legal correspondent anchor of fox news at night shannon bream starts us off tonight kind of reading through the tea leaves of oral arguments and questions for the justices for what could be really shannon one of the most consequential decisions in decades. good evening. >> it certainly is today's case one of the most significant in decades on the issue of abortion. it centers on mississippi's law which bans most abortions after 15 weeks. and i say based on the arguments today, that law has a good chance of surviving. now, whether roe v. wade does is much tougher to predict. [cheers] >> shannon: nearly 50 years after roe v. wade, the battle over abortion rights is once again squarely before the u.s. supreme court. with a 6-3 split generally tilted in favor of the conservatives. pro-life advocates have been open about their hopes of overturning roe and its follow-up case planned parenthood v. casey. based on the court's current makeup. and that had the liberal justices warning today that taking that step could appear purely political. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts. >> the bulk of today's arguments focus on when it's appropriate for the highest court to overrule something considered landmark decisions as justice kavanaugh noted the court has done repeatedly. >> if we think that the prior precedents are seriously wrong if that, why then doesn't the history of this court's practice with respect to those cases tell us that the right answer is actually the return to the position of neutrality and not stick with those precedents in the same way that all those other cases didn't? >> justice kavanaugh also noted in the court decided to overrule roe and casey states would still be free make own decision billions access to abortion. viability, the point at which a fetus could survive outside the womb was the other key issue today and whether it should remain the benchmark for limiting state's ability to restrict abortion. prompting chief justice roberts to ask. >> viability, it seems to me, doesn't have anything to do with choice. if it really is an issue about choice why is 15 weeks not enough time? >> and while mississippi's solicitor general argued that science and technology have advanced significantly since roe, including findings on feettled pain, justice sotomayor criticized the idea that pain can be experienced before viability as held by a fringe minority and, quote. not founded in science. >> justice barrett also today brought up the issue of safe haven laws exist in all 50 states allowing a woman to give up a baby after birth no questions asked. justice barrett asked does that answer this argument about forcing a woman to bear a child that she says she did cannot or does not want to care for. we know how everyone vote. right in the middle of the 2022 midterm elections. >> bret: shannon, we have been through these big cases before. we have talked about it. it is interesting to listen to the questions. you can't really get to what moo means just by the questions. >> yeah. because a lot of times, you know, expbluives are arguments may be playing devil's advocate and may press both sides. you can't read too much into it you can get some hints and clues but nothing really matters until votes are cast and on paper. >> bret: shannon bream outside the court today and all day. shannon, see you don't. thanks. >> shannon: you see you then. >> bret: let's bring in dairy severino and president of the constitutional accountability center. elizabeth, i want to start with you. what was your take away today? what did you see was significant? >> well, i thought that we saw a court that seems poised to strike down roe v. wade even though when i read the constitution text, when i look at its history, the 14th amendment in particular protection the right to bodily integrity, protects the right to reproductive liberty including the right of whether and when to decide to have a child or to start a family. and, you know, i think the justices brought up important questions of stare decisis which is the principle you don't overturn long standing precedent roe v. wade which has been reaffirmed time after time again including in casey and overturning it now would be, in the words of charles freed rondell reagan's solicitor general activism vandalism. people women in particular across the country are very concerned that their bodily autonomy, their right to make decisions for themselves, to make decisions in the most intensely personal nature could now be left up to the state rather than to themselves, the people who really should be making those decisions. >> bret: carrie, if you look at the make-up of the court and six conservative justices likely from what we have seen before, they may have the votes, depending on if this is the case to do it. when you listen to the arguments today, did you hear those votes? >> yeah, i heard definitely five clear votes that recognized as justice kavanaugh put it that the court needs to stay scrupulously neutral on this and not be trying to make abortion policy for the nation. and think think chief justice roberts as well although he looked like he was trying to find compromise even though arguing against the law any other line they came up with would not be a workable standard either. the court needs to get out of this. the good news for elizabeth, too is say hey, you know what? now the states can make these calls. there is going to be at love states like california and new york that say hey we want abortion all nine months. it's going to be a battle fought out in each state and then the american people will have the right to come up with these compromises in this very controversial area of law. it should be for them and the legislatures not for the courts to address those issues. >> bret: speaking of the american people, we have a recent fox news poll which showed let it stand, democrats 77%, republicans at 53%. that's the first time more than half of republicans join the majority of democrats and independents in saying roe v. wade should remain the law of the land. that's the politics surrounding all of this. elizabeth, but, when you get into the arguments there, whether roe is actually a good law, a good precedent, do they have an argument on that side? >> so, it's not just the politics, it's the constitution. look, the constitution protects fundamental individual rights like the right to make these decisions for yourself about whether and when to have a family, about bodily integrity and, you know, it doesn't depend on the state you live. that's not how the constitution works. fundamental rights are so important like this are protected wherever you live across the country. and we, the people, have already spoken on this when we ratified the 14th amendment. so it's already law. and i think the polls just show that the american people have that sense of the constitution and the importance of protecting this fundamental right from states infringing upon it that was the whole purpose of the 14th amendment was to make a uniformed protection for deeply essential rights to liberty like this one. >> bret: carrie, last thing you heard justifiable sotomayor say can this institution deal with what she called the stench of a decision if it's overturned roe v. wade. you know the chief justice has in the past looked at the big picture of what it means for the institution. does that factor in here as you get into these arguments and looking at them? >> well, that was discussed at argument today. it was pointed out that the popular opinion of something shouldn't be the basis on which a court makes decisions. but i will point out that looking at your polls, again, if you ask most americans what they think overturning roe would mean they think it would outlaw abortion nationwide and that's simply not what it would do. the 14th amendment says nothing about abortion. at the time it was passed most states actually did have laws that addressed abortion. it was never recognized as a right. so i think we need to go back to that constitutional understanding and say the states do have the ability to make that decision and that's where the popular opinion will play out and if that's what people want to see, that's what those states laws are going to look like. >> bret: carrie, elizabeth, we appreciate your time tonight, it's a controversial, emotional issue. we appreciate you analyzing it. we will see what the justices do. thanks. >> thanks. >> bret: now to other top story a traveler who came to southern california from south africa tested positive for the omicron variant the first official case inside the u.s. the experts believe the new variant may have already been here as it now has surfaced in more than 20 countries. the news comes at a time in which president biden is facing judicial resistance over some of his pandemic-related policies and mandates. white house correspondent peter doocy has that story live tonight from the north lawn. good evening, peter. >> good evening, bret. it was a dramatic scene in the briefing room today packed with people seated shoulder to shoulder getting news alerts about this new variant and that is when the door opened, dr. anthony fauci stepped up to the mic and announced it's here. >> this is what we call in medicine an n equals 1. >> in layman's terms. >> you really can't take anything away from a single infected patient. >> person vaccinated and not yet had a booster. quarantining home in san francisco after a trip to south africa. >> this particular sample, i heard about it actually yesterday at about 3:00 p.m. >> so the global pandemic stretches on. >> whatever happened to president biden's promise to shut down the virus? >> we're working on it. >> the white house hopes to fight the new variant with existing vaccines. >> the best protection against omicron is getting a booster shot. >> and officials continuing encouraging employers to require vaccines. even though just this week 3 different federal judges have paused biden backed mandates, skeptical they are legal. >> there are court cases right now, something that the department of justice is fighting. >> the new variant arrives just ahead of the holidays as president biden tries to deal with a covid-crimped supply chain. >> now, i can't promise that every person will get every gift they want on time. only santa claus can keep that promise. >> new travel bans are in place for eight african countries and more could follow. >> president trump instituted the travel restrictions was a real shock to european allies. are you committed to -- are you committed. >> unlike trump i don't shock our allies. >> tomorrow the president is expected to announce stricter rules even for vaccinated americans. the policy may have a huge loophole. >> have you advised the president about the possibility of new testing requirements for people coming into this country? does that include everybody? >> the answer is yes. >> what about people who don't take a plane and just these border crossers coming in huge numbers. >> that's a different issue. for example, when you talk -- we still have title 42 with regard to protection at the border. so there are protection was at the border that you don't have the capability -- >> jen psaki told me at one point today that around here they are all sick and tired of the virus. but, around here the same officials who told americans that they could be independent from the virus if they just got vaccinated this past summer are expected to announce tomorrow a strict new set of regulations even on americans who have done everything asked of them so far. bret? >> bret: we will follow it peter, thanks. now that the omicron variant is officially here in the u.s., the focus on what to do about it takes center stage and the debate as you just heard over the proposed strict travel restrictions is heating up. correspondent jonathan serrie has that story from atlanta. >> confirmation of the first u.s. case of the omicron variant is raising concerns about how to prevent its sprevmentd most its. masks providing additional safety. they debate whether universal mandates are medically necessary. especially in places with high compliance. >> super imposed lockdowns and restrictions and masking, i mean, all of that are political moves, not medical moves. if you look in new york city, almost 95% of adults in new york city are vaccinated. >> new variant has prompted greece to announce monthly fines equivalent to more than $100 for citizens over 60 who fail to get vaccinated by january 16th. the greek government says it's targeting the unvaccinated elderly because they are the ones most likely to suffer severe symptoms further straining a limited supply of icu beds. but one of the first doctors to identify the new variant in south africa says the majority of cases have been mild. in a daily mail op-ed, angelic writes the simple truth is we don't know yet anywhere near enough about omicron to make such judgments or to impose such policies. >> the hype that's been created currently out there in the media and worldwide, doesn't correlate with the clinical picture. >> south africa can health officials say the u.s. and europe have been hasty in banning travel from their region. today united nations secretary general antonio gutierrez joint that criticism with especially strong words. >> we have the instruments to have safe travel. let's use those instruments to avoid this kind of -- allow me to say travel appetite. >> president biden has said the omicron variant is cause for concern but not panic. well, critics of mandates and travel restrictions say government should follow the same advice. bret? >> bret: more on this with the panel. jonathan, thank you. stocks plunged again today. the dow lost 462. the s&p 500 was down 54. the nasdaq dropped 284 today. up next, as russian troops mass along the border with ukraine, a war of words. but will that actually become a real war? ♪ >> russia will be confronted with serious consequences. >> despite uncertainty about intentions and timing, we must prepare for all contingencies. ♪ (gong rings) - this is joe. 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(combative yelling) therabreath, it's a better mouthwash. at walmart, target and other fine stores. ♪♪ the only thing a disaster can't destroy is hope. ♪♪ donate now at redcross.org allegation in the book by the former chief of staff that the president tested positive for covid-19 three days before his first debate against then candidate joe biden. the former president calls it fake news. the guardian reports mark meadows also writes the president returned a negative result from a different test shortly after that positive result. today dr. anthony fauci said he was not aware of any of it and president biden asked about it told reporters he does not think about his predecessor. the u.s. and its allies are pressuring russia tonight to resist using force against ukraine. secretary of state antony blinken says russia is trying to destabilize ukraine from within. here is state department correspondent benjamin hall. >> russia is putting in place the capacity to invade ukraine. that's according to secretary blinken who today warned them to back down. >> we urge russia to deescalate to reverse the recent troop build up. >> meeting today with other nato ministers in latvia to discuss the growing threat warned russia if it invades the u.s. is prepared to impose severe costs he stopped short of saying military. >> we made it clear to the kremlin we will respond resolutely including with a range of high economic measures that we have refrained from using in the past. >> russian president vladimir putin has issued his own warning saying that any further nato involvement in ukraine would be a red line and elicit a response from him. >> creating such threats in ukraine poses red lines for us. but i hope it doesn't come to that. >> soon afterwards russia accused nato of already deploying military hardware to ukraine worrying some that putin is looking for any pretext possible to invade. >> he genuinely believes that ukraine is part of historic russia and should be part of it. >> last week ukrainian president zalinsky uncovered russian coup take place today and troops on high alert. claims russia is attempting to destabilize the country from from within using online propaganda increased 10 fold. as ukrainians brace for attack and 100,000 russian troops amass on the border. ukrainian disappointed by the deterrence put on the table by the nato chief. >> everything from economic sanctions, financial substantials a. >> as ukraine isn't part of nato article 5 nuclear defense treaty doesn't apply to them. meaning sanctions that are and sanctions have simply not deterred putin in the past. >> expelled retaliation for when the u.s. expelled 50 russian diplomats back in june over election interference. all of this comes just a day before secretary blinken meets one-on-one with the russian foreign minister in sweden. that's tomorrow. >> bret: up next how u.s. abortion law compares to other nations around the world. first, beyond our borders tonight. top european union migration officials are offering asylum evaluation rules for poland, lithuania and latvia. make it harder for migrants to enter the block from belarus around 8,000 people, many from iraq have crossed into the three eu countries since the beginning of the year. eu officials say belarus is attempting to destabilize the european block as revenge for sanctions against its government. a world war ii bomb explodes at a construction site next to a busy railway line in munich. four injured seriously. trains to and from suspended but then resumed there was no dang to the trucks. the head of the women's professional tennis tour announces all tournaments will be suspended in china. the decision follows concerns about the safety of chinese player peng shuai she disappeared after accusing a former chinese government official of sexual assault. a statement from the women's tennis association's chairman says he knows with peng is. but he has serious doubts about her safety. just some of the other stories beyond our borders tonight. we'll be right back. ♪ o me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ to support a strong immune system your body needs a routine. centrum helps your immune defenses every day, with vitamin c, d and zinc* season after season. ace your immune support with centrum. now with a new look! ♪ ♪ traveling has always been our passion, even with his parkinson's. but then he started seeing things that weren't there and believing things that weren't true. that worried us. during the course of their disease, around 50% of people with parkinson's may experience hallucinations or delusions. and these symptoms can get worse over time. nuplazid is the only approved medicine prescribed to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia-related psychosis and is not for treating symptoms unrelated to parkinson's disease. nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the common side effects are swelling of the arms and legs and confusion. now this is something we want to see. don't wait. ask your healthcare provider about nuplazid. >> bret: our top story at the bottom of the hour, u.s. supreme court justices considering arguments heard today about a mississippi abortion ban. the case could result in the overturning of the landmark roe v. wade ruling. right now we're going to look at how u.s. abortion policy stacks up against the rest of the world. here is correspondent gillian turner. >> the united states is one of just a handful of nations worldwide that allows women to seek elective abortions after 20 weeks. the point at which the court deems a fetus viable. the others, china, north korea, vietnam, singapore, canada, netherlands, iceland and guinea. the most developed countries today allow elective abortions only during the first trimester or up to about 12 weeks. and only 59 out of 190 nations allow elected abortions at all. today chief justice john roberts reiterated this reality. >> when you get to the viability standard, we share that standard with the people's republic of china and north korea. and i don't think you have to be in favor of looking to international law to set our constitutional standards to be concerned. >> republican senators call the u.s. a liberal outlier. >> it's not the company you want to be n when you ever talking about china and north korea. we can do better. we must do better. >> a lawyer arguing against mississippi's six-week ban before the supreme court today said comparisons with other countries are misleading. >> some countries have a line of 12 weeks or 18 weeks but they permit legal access to abortion after that point for broad social reasons, health reasons, socioeconomic reasons. so their regimes really aren't comparable. [chanting] >> activists say the mississippi laws actually more in line with the rest of the world. >> 47 out of 50 countries in europe limit abortion prior to 15 weeks. over half of the european countries limit abortion to prior to 12 weeks eight of them don't allow elective abortions at all. >> in today's case the court seemed focused on mississippi's 15 week ban as the chief justice made abundantly clear. whether roe v. wade remains in place nationwide or not may very well hinge on this standard. >> bret: fascinating to see the perspective of other countries. >> put it all in context. >> bret: gillian, thank you. another congressional prominent democrat decided not to run for re-election. another agovernment shut down looms if there is not quick action in congress. congressional correspondent chad pergram is on all of that from capitol hill with an update. good evening, chad. we have seen fiscal cliffs before. but lawmakers appear to be getting dangerously close to a shutdown this time. >> that's right, bret. the house doesn't even have a bill yet. there is no agreement on how long a short-term bill should last. but the problem is the senate. some conservatives want to slow down the bill over vaccine mandates. >> our military service members deserve the right to make this medical decision for themselves. without the threat of losing the ability to care for themselves and provide for their families. >> the house freedom caucus asked senate minority leader mitch mcconnell to, block, timely passage of the spending bill unless it defunds vaccine mandates. but most g.o.p. members disagree with lee. >> no. no. there's no appetite, nor should there be on either side of the aisle. >> mcconnell doubts the government will close but democrats are preemptively blaming the g.o.p. if the government does shut down. >> our republican colleagues, meanwhile can either work with us to move the process quickly through the chamber or they can engage in obstructive tactics that will make a government shut down almost a certainty. >> the g.o.p. could drag out passage of the bill in the senate for days, even if most senators want to pass the bill before the friday deadline. bret? >> bret: chad, what about this latest democrat to announce requirement. this is not some back bencher, that's right. peter defazio of oregon will not seek a new term. he chairs the transportation committee. this is a blow to democrats, defazio is the 19th democrat to retire. the chairman of the budget committee john area mouth also announced recently that he would retire the house g.o.p. campaign committee says, quote: committee chairs don't retire unless they know their majority is gone when they lost in 2010, 25 retired. >> bret: government shut down casino you have $100 on chips. got to put down either it shuts down or doesn't. >> probably 65 to 60% because we don't have a bill. and if they stretch this out through the senate, they would have to run the traps. it probably could take until next tuesday or wednesday to pass the bill if the opponents don't relent. >> bret: 60 bucks on shut down, all right. chad, thank you. voters in atlanta have select add new mayor democrat andre dickens easily defeated city council president alicia moore with 64% of the vote. concern over rising violent crime in the city of atlanta. massachusetts republican governor charlie baker says he will not run for a third term. that's a blow for republicans in massachusetts. he has long been among the nation's most popular governors. three democrats have already declared candidacies. and democrat stacey abrams says she is making another run for governor of georgia. that sets up a possible rematch between republican governor brian kemp who defeated her in 2018 although kemp may face his own republican primary challenge. sad news, a fourth student has died from injuries sustained during tuesday's school shooting near detroit. seven other people were wounded during that incident in oxford, michigan. a 5-year-old student is being charged with murder, terrorism, and other crimes tonight. steve harrigan is live tonight in oxford. good evening, steve. >> good evening, bret. that's right. the prosecutor made it clear today that this 15-year-old high school sophomore will, in fact, be charged as an adult. he has also been moved from a juvenile detention center into the county jail with adults where he will be kept in isolation with no bond. the 15-year-old faces four charges of first degree murder including the unusual charge of terrorism that causes death. the prosecutor explained the terrorism charge. >> but what about all these other children? what about all the children who ran screaming, hiding under desks? what about all the children at home right now who can't eat and can't sleep and can't imagine a world where they could ever step foot back in that school in those are victims, too. and so are their families and so is the community. the charge of terrorism reflects that. >> prosecutor said there was a mountain of digital evidence that pointed to premeditated murder. that really raises the question if there was so much online posted by this young man about wanting to kill his classmates why did no one intervene? as a matter of fact, there was a meeting in the school the day of the shooting between the shooter, his parents, and school administrators about his behavior. yet, just two hours after that meeting, the 15-year-old came out of the bathroom with a 9-millimeter and began firing at his classmates at point blank range shooting several in the head, in the body, even shooting through barricaded classrooms to try to kill more people. 30 shots at least fired in all before he surrendered, raising up his hands in the hallway to police. the ages of the four high school students killed 17, 17, 16 and 14. bret? >> bret: so sad. steve harrigan, live in oxford, michigan, steve, thanks. up next, what's next in the saga of chris cuomo and his future at cnn. we will take a look. ♪ it's a thirteen-hour flight, that's not a weekend trip. fifteen minutes until we board. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight. thanks. we'll see ya. ah, they're getting so smart. choose the app that fits your investing style. ♪♪ ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th >> bret: a man who worked with smollett jussie smollett says recruited him to fake a racist attack as darn know testified at today's trial he asked him and his brother to fake beat him up and instructed them on how to carry out the hoax. smollett is accused of lying to police when he reported that he was the victim of the assault in downtown chicago. smollett's defense attorney says he was the real victim and that the brothers' accounts run reliable. we are hearing from cnn anchor chris cuomo tonight about his indefinite suspension from the network. the move came in the wake of news about his involvement in trying to find information about shower. sexual harassment accusers about his brother then new york governor andrew cuomo who then later resigned. the extent of cuomo's efforts to help his brother came to light this week. fox news media and list and host of fox news media buzz howard kurtz is here with the latest. >> good evening, bret. chris cuomo spoke out today on his radio show. >> it hurts to even say it. it's embarrassing. but i understand it. and i understand why some people feel the way they do about what i did. i have apologized in the past. i mean it. it's the last thing i ever wanted to do was compromise any of my colleagues. >> the suspension is an embarrassing moment for cnn after months in which the network took no action against its top-rated star no. internal inquiry and no slap on the wrist. jeff zucker waited until orchestrating the defense brother andrew cuomo and funneling shower. sexual harassment. that led he led to sharp and liberal bastions of the view. >> this is abuse of power. what this -- this took place the only reason that chris cuomo was able to do any of this, he was able to get sources on some of the accusers. >> the second the "new york times" and the atlantic turned against chris cuomo, chris cuomo was thrown off the ship. >> helping a brother and a friend in the worst moment of their life it probably not the worst offense. >> some on the left are shying away from covering the former democratic brother's governor. msnbc nighttime show didn't even mention the suspension of a rival's network prime time host. zuck his or her hired cuomo hadn't seen the mountain of documents detailing how aggressive the journalist was in aiding his embattled brother. zucker approved all those joking interviews with the brother last year when both brothers were riding high. the question is whether chris cuomo can return to cnn after high profile suspension. one scr n host told it's possible could be back on next month. one spokesman told fox news there is no end date while the network weighs his future. bret. >> bret: thank you. are omicron variant arriving in america and president biden's reaction to all of that first here is what some of our fox affiliates around the country are covering tonight. fox 5 in new york. people injured and dozens displaced after a house explodes in brooklyn. a massive official erupted from the building into the street. two people in the home were able to escape. investigators are still looking into the cause of that incident. fox 44 in waco, texas, as the clock is ticking for major league baseball and the player's union to strike a deal. the sports collective bargaining agreement expires at 11:59 p.m. eastern time tonight. two groups appear led to a lockout after little progress in negotiations. major league baseball has not had a work stoppage since 1994. this is leif look at chicago from fox 32. you may have heard the judge talk about this. one of the big stories there tonight, at least a story. the original home alone house is now available to book on air b and b. the mcalister home is opening its home to fans one night only december 12th and buzz mcalister the elder brother from the 1990 film will be hosting the stay for $25. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ ♪ i'm dreaming of a white criminals white-christmas, just like the ones i used to know. ♪ ♪ [laughing and giggling] (woman) hey dad. miss us? (vo) reflect on the past, celebrate the future. with the season of audi. ♪ >> we're learning more every single day. and we will fight this variant with science and speed, not chaos and confusion. >> we knew it was just a matter of time before the first case of omicron would be detected in the united states. >> best protect against this variant get vaccinated for goodness sakes. >> whatever happened to president biden's promise to shut down the virus? >> we're working on it. >> bret: well, the okay my chron variant is here in the u.s. california with the first official case many experts say it's probably already been here. what about this and the moves that the guy benson political editor at town hall.com host of the guy benson show and mollie hemingway senior editor at "the federalist." mollie, let me start with you. this potential travel restriction that the administration is considering. this is how "the washington post" writes it: it's part of enhanced winter covid strategy. biden is expected to announce thursday u.s. officials would require everyone entering the country to test before boarding flights regardless of vaccination status or country of departure. administration officials are also considering a requirement that all travelers get retested within three to five days of arrival. in addition, they are debating a controversial proposal to require all travelers including u.s. citizens to self-quarantine for seven days even if their test results are negative. that's pretty restrictive. >> this would have been unthinkable that anybody would assert they have this type of power to restrict americans' freedom of movement, particularly when, as you noted, it would apply even to people who have tested negative for covid and even people who are vaccinated that makes no sense at all. we are constantly told that politicians are making decisions based on the science and, yet, it really seems they are making really gross political decisions that restrict civil liberties that have no relationship to the science. we don't know that much about the omicron variant other than it's silly we are calling it that out of deference to xi in china. >> bret: letter in the greek alphabet. >> out of deference to the chinese leader even though we are not doing anything to actually deal with china's role in spreading this global pandemic. we are making decisions that don't seem to have any basis in science. they are based in desire for political power. people are kind of done being terrified and done being motivated by fear. >> bret: mara, it's pretty remarkable, if you think about it, the extent. we don't know if the biden administration is going to go this far, especially with the last one, with the quarantining for a week. but the fact that they are even considering it, not knowing whether the omicron variant is severe, is mild, is whatever. >> well, a couple things, i think that officials have been pretty good this time of saying what they don't know. you know, saying we need a week or two to see if the vaccines work against this, to learn more about this new variant. i would be shocked if they picked that last possibility of making everyone quarantine for seven days come back to the country vaccinated or not. but i do think that a more robust testing regime, i left the country several times during the pandemic and i always had to get a test before i boarded the plane to come back and actually the countries that are gotten ahold of covid much more than we have like south korea where i think there have been something like 3500 deaths are countries that do a mass testing regiment, that is really the key. there probably should be more tests asking everyone to stay home for seven days seems extremely unlikely. >> bret: i mean, it's not new zealand or australia, guy, but it's restrictive for us. >> why would they even float this week long mandatory quarantine idea in the lead of that "the washington post" story? maybe it's a trial balloon to see how it goes over on shows like this? but, even as you reread those paragraphs to mollie in your first question, i had read the story. i was shocked anew that they are even putting this possibility out there. you are telling me someone gets fully vaccinated and boosted and they're a u.s. citizen and they want to come back to the united states they have to test before they get on the plane then a few days again later and even with all three shots and two negative test they also have to be at home for seven days? quarantining? it feels like we are going backwards. we are in a post vaccine era right now it doesn't feel that way and there is not a good reason why. and i think that's the most frustrating part to so many people. they are staying we don't know, let's be cautious let's wait and see about omicron. there is incoherence there. >> bret: here is senator rand paul and dr. fauci today. >> what he always defaults to more rules and more regulation and less of your liberty. why would you make a blanket decision for the whole world on locking the economy down, locking the country up, banning travel before you know whether this is a deadly variant or a less deadly variant? it's incomprehensible that this man is still in charge of anything. >> everybody is coming into the country needs to get a test within 24 hours of getting on the plane to come here. >> but what about people who don't take a plane and just these border crossers coming n huge numbers. >> that is a different issue. there is testing at the border under certain circumstances. >> bret: that's the tough part is that that's not science. that's politics about border politics. >> and dr. fauci has shown that he is a politician and idealogue and that was an excellent question to ask because we have had so many people crossing the border. many of them illegally at the southern border and that those people would have more freedom of movement than american citizens is just mind boggling particularly after years of screaming about the previous administration being fascist and here you have actual, you know, major problems that people should be screaming bloody murder about. >> bret: i want to play one more soundbite this is about the consideration of this move and not shocking allies. take a listen. >> president trump newted the travel restrictions but the real shock to european allies. are you committed to -- i mean, are you committed. >> unlike trump i don't shock our allies. >> bret: mara, except if you talk about the afghanistan withdrawal on the french deal about submarines or-there have been some shocking ally moments in this administration. >> yeah, there have been tensions, i don't think you can compare them of trump floating the idea of maybe leaving nato. but, sure. you know, one of the problems with in pandemic management is that all the countries in the world haven't been on the same page and different countries have instituted different regulations. it's hard to get a global pandemic under control if you don't have a global approach to it. >> bret: we will see what about. we will follow it all. panel, thank you. when we come back, a new member of the "special report" family. ♪ your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire my retirement plan with voya keeps me moving forward. they guide me with achievable. steps that give me confidence. this is my granddaughter...she's cute like her grandpa. voya doesn't just help me get to retirement... ...they're with me all the way through it. voya. be confident to and through retirement. >> bret: short time ago hanukkah celebrated with a jewish spouse president or vice president second gentlemen doug inhofe the husband of vice president kamala harris. newest viewer edward william buckley the fifth. he will be known as finn. he was born this morning 6:31 a.m. his mom is my long time assistant katie buckley she has put up with me since i took over the show from brit hume. finn weighs in 6 pounds 3 ounces. mom, dad and baby all doing great. i hear finn has great godfather, yours truly. i'm honored. congrats buckleys. tomorrow we will talk with dr. mehmet oz about his run in the u.s. senate seat in pennsylvania. look at the midterms ahead of time. thanks for inviting us into your home tonight that's it for this "special report," fair, balanced and still unafraid. "fox news primetime" hosted by pete hegseth starts right now, hey, pete. >> pete: bret baier the godfather. i like it. good evening, america it's 7:00 p.m. on the east coast and 6:00 p.m. in god's country which means it's time for "fox news primetime." i'm pete hegseth. now, tonight i'm going to do something a little bit different. there's plenty of news, big news. omicron hype, the potential end to the reign of terror that is roe v. wade and much more. we are going to cover all of that but, tonight i want to speak from the heart as a patriot, a christian, a citizen, and a parent of seven young kids in this country. sometimes a data point hits our radar screen that's bigger t

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