dr. marc siegel is standing by live to discuss what we know tonight. plus, dr. anthony fauci after defending covid testing for all travelers entering the u.s. sidestepping a question from our own peter doocy about illegal immigrants being -- at our southern border. in the future of abortion rights in america now in the hands of the u.s. supreme court. so what are we to make of the oral arguments in the case today russian mark will break it down with senator who will discuss live one of the justices most important cases and they could speed we begin with the official arrival of omicron in the u.s. as expected. triggering a new round of covid crackdowns by the biden administration. white house correspondent kevin corke is tracking the latest for us tonight. good evening. >> a new day, new variants, and we are told a brand-new approach by the white house to try to combat this latest covid threat. but the new planet seems has a glaring oversight. on a day that's how the country's first recorded omicron variant patient announced, the biden white house was all too eager to point to its plans to tackle the virus this winter. previewing a thursday announcement about an enhanced plan that will require every traveler entering the country, including returning u.s. citizens, to be tested one day before boarding their flight. rules will also apply to vaccinated travelers who previously were only required to show a negative test no more than three days before their flight. and reuters reports the plan will also call for an extension of requirements for travelers to wear masks on airplanes, trains, and, and buses, and airports and train stations through mid-march of next year. but in dual day night appearances, dr. anthony fauci couldn't seem to explain why stricter vaccine and testing guidelines don't seem to apply for the tens of thousands of illegal immigrants crossing the u.s. southern border. >> have you advise the president about the possibility of you testing requirements for people coming into this country. does that include everybody? >> meanwhile on capitol hill, despite the emergence of the omicron variance, caution continues to rule the day. speak of this is artie in 12 countries. now it is in california. i think that the best thing to do is to find out how potent this is and to make rational, reasonable decisions not by government but by every individual in america talking with the doctor and making their own individual decision. >> kentucky senator rand paul speaking there. for his part, fauci said there is testing but you probably recall the administration previously refused to put strict covid requirements on the legal border crossers climbing back in september that such individuals did not intend to stay here for a lengthy period of time. >> shannon: i remember the explanation well. kevin, late tonight, fox news has confirmed another advisor to the wise person is leaving. the second in less than a month. what do you know >> you may remember it was ashley. she was the comms director for the vice president. she announced her -- spokesperson for the vice president is also expected to leave at the end of the year. in a note to her staff, she confirmed that tonight writing at least in part i am so grateful to the vp for her vote of confidence from the very beginning. she went on to add this. i'm immensely grateful and will miss working with her and with all of you. her office has reportedly been beset by disorder and bad press and at times internal frictions but also fair to say you and i have been here in the game in washington long enough. you get these hind departures at this time of the year in washington peered so some would argue this be part for the course. but it also could be a reflection of problems in the office. >> shannon: yet, those jobs are a grand. very difficult and usually don't stick around for too long. thank you for the update. see you again in just a minute. the omicron variance has officially made its way to the u.s. tonight dr. anthony fauci confirming the first positive test of the new strain in the native visual fully vaccinated in california. trace gallagher is on the first case tonight. good evening. >> could be ending. the initial case where as epidemiologists would say the primary case of the omicron variance in the u.s. is an identified resident of san francisco who flew back from south africa on november 22nd, develop symptoms on november 25th, and tested positive on november 29th. because of their travel history, the barber symbol was immediately tested and confirmed as omicron earlier today. here is the san francisco health director. >> received a full dose of the mentor in a vaccine but no booster. they had mild symptoms and thankfully have now recovered. contacts have and are being notified. >> and so far none of those contacts have tested positive. san francisco help officials say the first omicron case will not lead to new restrictions but in california with some of the nation's strictest measures and made to to lay the relaxing of any current health notice. nationally, dr. anthony fauci used the first omicron case to again point people toward vaccines and booster shots. but he also acknowledged that nobody is quite sure if current vaccines will be enough. >> about whether or not it essentially eludes some of the protections and things like monoclonal antibodies, whether or not the disease itself in general is going to be severe, and what is the difference in an individual who has been vaccinated versus unvaccinated, boosters versus not blistered. we are going to get that information. so i appreciate your question about one individual, but we are going to get a lot more information. >> in the meantime, will the vaccine have to be reworked? we should also note that world health organization notes the risk of omicron is very high but health officials say and south africa so far cases are mild. >> shannon: all right. trace gallagher, thank you very much. president biden -- cause for concern but not panic even as his administration tightens covid testing requirements for international travelers. that separate fact from fiction regarding what we know about the new variant so far with dr. marc siegel. great to have you with us. >> good evening. good to be with you. >> shannon: what do you make about that last point that trace is making that the south african doctor keep saying i don't understand the international hype. we haven't had anybody hospitalize here, no one seriously ill. she seems to suggest three things for now with what we know which is limited that there is a great overreaction. >> well, i want to separate fact from fiction by starting with the idea that the biggest virus around here is fear. and fear is scientifically affects the human brain so that you think you are neck spirits in one case in california, everybody, for dinner there next but we have to go with the knowledge and the knowledge is that what we are really concerned about in the united states right now is a virus that has over 136,000 new cases over the past 44 hours, over 56,000 hospitalizations, and over 2,000 deaths, and that is delta, not omicron. delta. so omicron we are learning about but a couple of things we've learned that may cause some fears is that actually we have been hearing from pfizer -- i spoke to a doctor on the board of pfizer yesterday, he says the vaccine seem to be producing an array of antibodies that may actually help against this and that there will be at least partial protection from the vaccine. that is one source. israel is saying the same thing, that there may be protection. in terms of south africa, there is an upsurge of cases, but they reportedly -- an upsurge of hospitalizations in south africa. most of them are probably the new variant but the vaccination rate in south africa is only 36%. he and the united states, not as high as we would like but it's around 60%. so the idea is i believe that the vaccine protects against this, number one. i believe that a boosted situation is even better, especially -- and that may explain why the case in san francisco -- may explain -- why that case is mild, because he had a vaccine but didn't have the booster. so we have many tools. we have early testing, we have antivirals that are coming out, we hope there'll be some effect from the monoclonal antibodies. and the vaccine. with all of that to get there, we are not where we were before. we need to be concerned about delta much more than this at this point. >> shannon: about 30,000 different people but they track there, preprint, knock on the peer review yet, but it talks about the increased risk of infection with the new variant. it's as we find evidence for an increased risk of an infection by the beta, gamma, or delta variant compared to the alpha variant after at the vaccination. then they said in contrast the vaccine-induced immunity no increased risk for reinfection with beta, gamma, or delta variance relevant to alpha variant individuals with infection induced immunity. so prior infection. here is something that dr. fauci said tonight on the issue of natural immunity. >> if you are infected with sars-cov-2 and you are covered, then you are going to have a significant degree of protection. >> a lot of folks think that natural immunity has not been an alpha discussion here but it sounds like we are getting around to that being a part of the whole puzzle. >> you know, i'm so glad you brought that up because i saw that preprint. and by the way, dr. fauci did talk to me about this multiple times in the past but never became part of public policy here. it is public positively in israel, in europe. if you recover from infection, you get six months before they would say you need a vaccine for that green pass. you're in the united states, we are not counting this. here's the point he made i want to emphasize which is natural immunity from infection plus one or two vaccine doses was stronger than the vaccine alone. it is not sake the vaccine doesn't work. two doses plus the booster after six months of an mrna vaccine is a substantial protection and will help against this new variant and other experts believe. but stronger protection if you actually got over covid. we don't want anyone to get covid. but if they did and get one or two go vaccines they are in better shape than if they were vaccinated alone. the study is very convincing and it goes with previous information that we had. >> shannon: thank you for joining us so late give us your expertise. always appreciate at. >> and china come i'm very impressed with you. out of the cold all day and the supreme court and who you are looking one. more worried about you getting cold out there than getting a variance. >> shannon: i had a nice hot dinner and it will take my vitamin c and take care. get some rest. thanks, doctor. >> good to hear. doctor's orders. have a great night. >> shannon: this is what we were talking about there and the quote come in the future of abortion rights in america on the line wednesday at the spring court. those rights now in the hands of the nine justices who are weighing arguments they heard today on mississippi's law that bans most abortions after 15 weeks. and by extension, and outcome of the consideration of the ability of the decades old roe decision. nearly 50 years after roe v. wade, the battle over abortion rights is once again before the u.s. supreme court. with the 63 split generally tilted in favor the conservatives. have been open about their hopes of overturning roe and its follow-up case, planned parenthood is kc. based on the court's current makeup and that has 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 it's reading are just political facts? speak one bulks of the arguments focus when it is appropriate for the countries hides courts to overrule something considered one of its landmark decisions. as justin cavanagh noted, the court has done repeated. >> if we think that the prior presidents are seriously wrong, if not, why then does in the history of this court's practice with respect to those cases tell us that the right answer is actually to return to a position of neutrality and not set precedents the same way and all those cases did. >> shannon: noted that even if the course decided overrule roe and casey states would still be free to make their own decision about access to abortion. viability, the point at which a fetus could out the boom is the other key issue today. and whether it should remain the benchmark for eliminating state's ability to restrict abortions. prompting chief justice roberts to ask -- >> viability seems to me doesn't have anything to do with choice. but if it really is an issue about choice, why is 15 weeks not enough time? >> shannon: and mississippi solicitor general argued that science and technology have advanced significantly since roe, including findings on fetal pain, justice sotomayor criticized the idea that pain can be experienced before viability is held by a fringe minority at foul not founded in science. also brought up the issue of safe haven laws that now exist in all 50 states in nearly every case they allow a woman to surrender a child after birth no questions asked. so justus asked about whether the answer's argument against forcing a woman to bear a child that she says she cannot or does not want to care for. the decision expects by legion. so let's bring in utah senator in her mike lee. and what he thinks they may do. welcome back. good to see you. >> thank you, shanna. >> shannon: nice to run into you and person outside the freezing cold court today but what was really hot with the action going on inside. what did you make of the argument? >> it was fascinating exchange and there was a long overdue exchange. and it was an exchange that focused first and foremost on the fact that roe vs. wade isn't backed up by the constitution. it is not grounded in anything and as a result there been multifarious and inconsistent interpretations not only by lower courts but by the supreme court itself. something that is built on an unfirm foundation is going to be shaky, going to be difficult to follow. it is important to remember that when the court overturns roe and casey, as it should do, and as i argued in front of the court in the brief that i submitted, this is not something that automatically involves the automatic criminalization of all abortion. it doesn't involve that at all. it simply says that individual elected lawmakers and state legislators around the country should be able to protect unborn human life in the manner they deem fit. it is not a question set aside for federal judges on the constitution and therefore blocks to the people elected lawmakers. >> shannon: a number of the dash the liberal justices versus the conservatives talk about very much worry about the political perception or the perception that they are going to be looking political if they overturn roe or casey. if the court does without their vote, clearly. but justice sotomayor talked about the fact that there were those who have poked publicly said we have a 6-3 conservative majorities were going to pass this law and put it up there and we think now because of the courts make up we can get rid of roe and casey. what you make of their worries? very strong language from justice sotomayor and justice kagan also just as barr who said they feel like it could kill the court's credibility if they did go after roe or casey? >> to describe this as ironic is a vast understatement. the fact that the supreme court of the united states has for 48 years politicized something, politicized the court itself by injecting itself into public policy determinations, doesn't justify following that in perpetuity. quite to the contrary, he goes on the other direction. i found it interesting that one of those justices, justice sotomayor openly and offensively questioned whether or not unborn human life can respond to painful stimulus. and feel pain. comparing it to the fact that people on the vegetative state can also do the same. there are so many kinds of offensive. not only to the constitution itself but the human dignity. >> shannon: what she said was that she thought that this idea that previability, that an unborn fetus could feel pain is a fringe science. she said a group of french doctors who are in a vast minority and she says it is not actually founded in science. how do you respond? >> the argument is itself french and not worth a penny. not worth the paper that it could be printed upon. it is utterly repugnant to human dignity. completely outside the constitution. if the court is really worried about its own reputation, but it's dignity, about its consistency, about maintaining its role, it should get out of the business of lawmaking. >> shannon: also a conversation that women have relied on this, have relied on rote for 50 years. justin kagan talked about the fact that women have advanced in society and all these other things because they have relied on this decision and the ability to get an abortion which has allowed them to seeded education and career field. she said it is not fair at this point to change those rules and women wouldn't be viewed as equal under the law if you got rid of roe. >> i understand the point. but we have to remember that the court isn't a legislative body. these are arguments that can and will be made in front of legislative bodies. they are not decisions to be made by nine lawyers wearing robes. this is in their decision to make. >> shannon: i will expect as you probably do also so this will be near the end of the term in june. see what we get. thank you for your time. day two of witness testimony that trial of jesse similar in chicago where a man who worked with the defendant testified that he recruited him and his brother. he says to fake stomach stage a fake hate crime. he says that jesse's mama asked him and his brother to fake beat him up and instruct them on to how to carry out the hoax. allegedly lying to police and if convicted faces up to three years in jail. he maintains his innocence. meanwhile the new york city day tree dominic 3 extensive cross examination of the first accuser to take the stand. maxwell's defense team seeking to discredit the witness identified only as jane who testified tuesday that her troubled family and financial situation left her vulnerable to being lured by maxwell into abuse by infamous sex offender jeffrey epstein. breaking news tonight. major league baseball owners have voted to lock out the players. this is coming in from reuters. apparently they failed to reach a new collective bargaining agreement. this will be the first work stoppage since 1995. i actually remember that one very well. we will try to get more details but for now that is the state of play for mlb. what the heck is this. lighting up the idaho sky? and celebrate the holidays at the home alone house. if you want to get in on it. the best viral videos are next. made my joints stiff,... ...swollen, painful. emerge tremfyant®. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge tremfyant® with tremfya®... ask you doctor about tremfya® today. your eyes. beautiful on the outside, but if you have diabetes, there can be some not-so-pretty stuff going on inside. it's true, with diabetic retinopathy, excess sugar can damage blood vessels, causing vision loss or even 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country. towering 95 feet high featuring nearly a half a million lights. 10,000 ornaments and a whopping 100-pound sparkling star that goes out the top of this thing. it is beautiful. if you want to see the finished product in person, at the gallery in northern texas. dangling seven stories in the air after a scaffolding partially clamps that they were working on. according to a board member at the homeowners association there. men were working on a multimillion dollar restoration project. the rescue thankfully took less than an hour and nobody was injured. great job by the first responders. now this. i this. astro photographer jordan capturing a fast-moving fireball flashing through the sky above eagle, idaho. remarkable and beautiful. they recommend facing the opposite direction of light if you want to get a look at meteors. so check it out. next up, the "home alone" house could be yours for a one night stay. this holiday season, one lucky air being the user end of the three guests will be able to stay at the mcallister residence. this the side of "home alone" movies. people can be in bidding for december 7th for a stay on december 12. on the whole thing is a fund-raiser for chicago's children's hospital. but kevin's older brother will actually be there for the night. something old, something new coming borrowed, and something completely fake. this quote unquote broad was the extra mile trying to get her attention by planning a fake wedding. she hired a photographer, makeup artist, and had a cake and completed the elaborate theme with eight fake groom and posted the photos all over but sadly she says it didn't get his attention. he didn't reach out. well, maybe she got a trial run at planning the wedding. some commenters said why didn't you do a proposal fake photo shoot -- if you have a viral video you want to share, hit us up on social media. chris, speaking on tonight about his indefinite suspension following revelations about his involvement trying to dig up information about his brother sexual-harassment accusers. howard kirk has the latest for us us tonight. good evening. speak out shannon. hours after his indefinite suspension by cnn, chris cuomo spoke out today on his radio show. >> it hurts to even say it. it's embarrassing. but i understand. and i understand why some people feel the way they do about what i did. i've apologized and i mean it's the last thing i ever want to do. compromise anyone of my colleagues. speak of the suspension is an embarrassing moment for see none after months in which they tend no action against the top-rated star. no internal inquiries, not even a slap on the wrist. instead seen a president waited until damaging new evidence surfaced about him organizing the defense of his brother andrew cuomo including bundling information about sexual harassment reporting from his media sources. that led to criticism of cnn's handling of it by major print talents and even liberal bastions as the view. >> this is an abuse of power. the only reason that chris cuomo was able to do any of this, he was able to get sources on some of the accusers -- >> turned across the mic against them. he was thrown off the ship. >> helping a brother and a friend in the worst moment of their life is probably not the worst offense. >> some of the what they're trying way -- and msnbc -- didn't even mention the suspension of arrival networks prime time host. he clearly hadn't seen the mountain of documents detailing how aggressive he was in aiding his brother. but he also approved all those joking interviews with the governor last year when they were riding high. the question is whether he can return to cnn after a high-profile suspension. one problem, many of his colleagues are angry that he has been able to flout the ethical rules that apply to everyone else. >> shannon: thank you very much. kevin corke is back. no secret. i love a hallmark movie. you have the best christmas movies. >> this is according to entertainment weekly. the best christmas films. all about being joyous and all that good stuff. this list might cause an argument or maybe throw a cup of eggnog or something like that. this is entertainment weekly's top christmas movies of all time. number one, it's a wonderful life. christmas story number to go. by charlie brown. love it number three. alf. hilarious. number four, how the grinch stole christmas number five. they want to say love actually which is a terrific film. bad sense of surprise me that one was so highly rated. the muppet christmas carol. a year without santa claus. and rudolph the red-nosed reindeer. this is an honorable mention. some of these. home alone, "miracle on 34th street," white christmas, wait for it, diehard. national anthem christmas vacation which is absolutely laugh-out-loud funny. you're too your two favorites. >> shannon: my to go where honorable mentions. by christmas and national lampoon's christmas. >> i am a "home alone" fanatic and i've done anything with chevy chase's great. >> shannon: going to put you in a bid for staying over night in the "home alone" house. come back with some good news. the government set to run out of money again unless congress can pass a spending bill and avert a shutdown. this ain't no way. why? well, congressman jim roy is one of them and joining us live. the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ feeling sluggish or weighed down? it could be a sign that your digestive system isn't working at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic metamucil. support your daily digestive health. and try metamucil fiber thins. a great tasting and easy way to start your day. people, with 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costs and print out shipping labels it's my secret ingredient shipstation the number 1 choice of online sellers and wolfgang puck go to shipstation.com/tv and get 2 months free >> shannon: it is often kale's on capitol hill. lawmakers wrestling with funding the government and the depth building as republicans take aim at federal vaccines and testing mandates. chad program has updates tonight. good evening. >> it is devcon december. lawmakers are scrambling to avert a weekend shutdown but they are running out of track. the government is funded through friday night and if there is no emergency bill, the government closes. the bill should pass the house. the issues loom in the senate. that is where conservatives want to slow things down over vaccine mandates. >> 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 their families. >> mitch mcconnell was asked to block the spending bill unless it defense vaccine mandates. most g.o.p. members oppose risking government funding. >> there is no appetite nor should there be on either side of the aisle. and i predict that the government will not shut down. >> he said there will be fine and not have a shutdown. but democrats are preemptively blaming the g.o.p. if the government does close. >> our republican colleagues meanwhile continue to work with us to move the process quickly through the chamber or they can engage in an obstructive tactics that will make our government shut down almost certainly. >> they could drag out passage of the bill and this senate for days even if most senators want to pass the bill before the deadline. in addition, janet yellen implored lawmakers for the second consecutive day to lift the debt ceiling buzzes number 15 otherwise the government could run out of money. >> i cannot overstate how critical it is that congress addressed this issue. america must pay its bills on time and in full. if we do not, we will eviscerate our current -- >> aimed to do three things this month. avert a shutdown, tackle the debt ceiling, and pass the social spending bill in the senate. government funding was supposed to be the easiest but struggles with the simple things show what a doozy of a month this could be. >> shannon: all right. thank you very much. one of those lawmakers opposing a continuing resolution to fund the government also has issues with the measure that funds are military. it is texas representative jim roy. he joins us live to explain why. welcome back. >> good evening. great to be on. >> shannon: this is how the san antonio -- which does not sound like a fan of yours describes this. in latest tantrum, san antonio u.s. rep wants to shut down the government over vaccine rules. they say the bomb turn republican's urging members of his party to force a government shutdown over the bite and white house and coronavirus vaccination mende. what is going on? >> for to vote you found at least one reader of that rag in san antonio. but here's the thing. my colleagues on the other side of the aisle have had this whole week -- and of course going back to fund the government -- what have we done? seven suspension and random bills this week and tomorrow they don't even have us -- so where are they? were they doing trying to have a sense of urgency if they think they need to fund government by fred and i? but my point is simple. not about government shutdown while the high-stakes drama. it is about the simple question. should republicans, should any member of congress, vote to fund a government, from the executive branch, and fund the very bureaucrats were going after american citizens and telling them they're going to have to lose their jobs, lose their livelihood, if they don't take a mandatory vaccine under the mandates that president biden has issued. and not only is the issue these mandates, you know because you cover all of them the traditional issues in the courts are well, that we have now at least three times court step in and say these mandates are unlawful and unconstitutional and there is the osha mandates. whether it's the health care workers and cms. so the question becomes what i would be fun to bureaucrats to go after our constituents? i have a constituent who reach out to me, a 13 year veteran, who said i'm going to lose my position in the united states armed forces because i don't believe it is my health and best interest to take the vaccine. i had a woman who is nine months pregnant was a nurse, i have a woman who is a professor at university or teacher or a guest lecturer at a university who battles ms, multiple sclerosis, and her doctor thinks it is not her best interest to take the vaccine. it ought to be up to them and their doctors, not the president, not bureaucrats in washington, so why would we fund that? >> shannon: i want to play a little bit of our interaction between peter doocy and dr. fauci today talking about who should get tested whether they are coming into the u.s. >> everybody is coming to the country needs to get a test within 24 hours of getting on the plane to come here. >> what about people who don't take a plane? the border crosses coming in in huge numbers. >> there it is a different issue. there are testing at the borders under certain sing to make things appeared >> shannon: an issue at the federal level what is happening at the border so is it a different issue? >> that's a great question. and in fact, i saw some coverage of this today, and dr. fauci has been telling the truth when he says that some of the folks are being tested or e implies a significant number or being tested at the border. the fact is no, reported today that the truth is they are being captured and lend on ranches and then put together and often shoved into vehicles and only tested if they got symptoms. the fact is we don't have any real testing operation going on the border. border patrol remains overwhelmed. i talked to the rangers all the time. i talked to border patrol all the time. we still have a flood of people coming in. don't have the november number -- 1,000 pounds of fennel come in and october. our borders are wide open with people coming in and potentially covid positive. now i have citizens who have to go through all these tests. the practice this is about mandates and fauci, but the government exercising control over its people. and that is not necessary here and i don't think we should fund government doing that and this is a test for republicans. will they stand up and fight for the american people will roll over? >> shannon: people think you are holding the government hostage in the situation at least the funding. so we will watch on capitol hill and see who stands with you. i know that you have others who share the same position. we always appreciate your time. thanks for dropping in. >> good to be with you. take care. >> shannon: pennsylvania college student murdered in apparent carjacking attempts. the suspect was charged with the previous carjacking just last august. so why was he back on the streets? jason is on deck with that story and some other news of the day. he is next. ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ xfinity rewards are our way of thanking you just for being with us. enjoy rewards like movie night specials, xfinity mobile benefits, and the chance to win tickets to see watch what happens live. hey, it's me. plus, get holiday gifts for everyone on your list with great deals on fan favorites from today. join over a million members by signing up for free on the xfinity app. our thanks. your rewards. >> shannon: a 15-year-old suspect in the michigan school shooting that left four students that will be charged as an adult. with four counts of first-degree motor and a terrorism charge. prosecutors say they are also assembling mounting evidence of premeditation and weighing potential charges against the suspect's parents who had met with school officials just to go hours before their son allegedly opened fire at the school. a suspect wanted in the murder -- in the shooting death of a temple university student in north philadelphia on sunday had previously been arrested and charged in a carjacking earlier this year. a case that was withdrawn by the city's district attorney's office. take a little deeper into nights lightning round with radio host jason. great to have you with us. tell people a little bit more about this. philadelphia district attorney's office admits this guy had been arrested and charged by their office and accused earlier this year for a gunpoint carjacking that did not result in bodily injury to the victim by -- however a key witness to the commonwealth did not appear in court, forcing our office to withdraw the case of the time. jason. >> i find it hard to believe that this entire case hinged on one particular witness. but what we tend to see time and time again, whether it's philadelphia, new york, seattle, or waukesha, criminals get -- if there charge at all to have thoroughly degraded to misdemeanors, sometimes completely ignored them instead of punishing these people who are clearly on the wrong path and have already taken -- john went further down that path than anyone should be comfortable with, we do restorative justice. art therapy. finger painting because we don't think that jail is the right move because the criminal justice system is systemically races and needs to be dismantled because it's a system of oppression. and while they are doing that, while activists are basically choosing to go down this pathway of being just ideologues at the expense of public safety, people are dying. people are getting injured. people are getting terrorized. and it's wrong and we need to course correct. >> shannon: and the suspect in this case is just 17 years old and there is breaking news there locally in philly tonight that he has turned himself in so we will track that case. not to black lives matter.com on black's xmas or christmas they say they don't want anyone spending money with white companies from november 26 to january 1st. they save black xmas challenges us to shake up the change of consumerism and build new traditions and run an offense as well as the defensive. let's disrupt capitalism and build our own community. existing structures by building new and more viable, beneficial ones. jason. >> is almost like there are no black employees at these white owned businesses. we are being told by blm that we are supposed to judge a business by the skin color of the person who owns or runs it. that is racist. if anyone came out and said we should know mike shouldn't be going to black-owned businesses that would be called out as racist. and yet here for the most part no one wants to say anything because i guess they might be scared they're going to get boycotted. while you're probably going to get boycotted anyway so why don't you start speaking up and saying this sort of record foul rhetoric, enough is enough. buy at the company that treats him employees well, offers a good product, good service at a good price. and actually helps out the community. stop this nonsense of judging people on the basis of skin color. it is wrong and i can't believe we have to say that in 2021. >> shannon: well, that is a period which most retailers and businesses will save actually begin to see their profits and lock things into the end of the year. starts right around those holiday cells and goes all the way through all the holiday sales up to january 1st. so we will see. boycotts can be very effective and we will see who gets along with that call from blm. all the right. we will see you again soon. thank you very much. >> thanks. >> shannon: okay. this was a trip to remember. after going into labor, on her flight, liliana was assisted by a nurse on board for three and a half hours until she landed in atlanta. first responders were standing by. they boarded the plane when it landed and they went on and they said at one push she had her baby girl. the new mother has been reunited with the emergency responders thanking them for her help. congratulations to the proud parent on their bundle of joy and kevin, this was her first baby. you and imagine she has never done this before and you are stuck on the floor of the plane doing this? >> to impreza but i can think of an idea "unfilled skit where jerry is sitting right next to her. congratulations. want to take you to cincinnati for this good news good night prethat's a worry me a brand-new celebrity. here he is. if you buy any holiday budweiser cans the season, you see wilson, a saint bernard from liberty township's ohio. the first winter of budweiser's pub-wiser -- now adorning the holiday cans along with budweiser's familiar clydesdale and the dalmatian. wilson is such a good boy. good job. >> shannon: he is adorable. you know i'm a sucker for all the dog stories. >> put biscuit on there. >> shannon: biscuit does not drink alcohol. that i know. thank you, kevin here that's it for us from washington. we will see you back your tomorrow. i am shannon bream. ♪ ♪ of germs zapped in seconds. the face of clean. the face of whoa! some are of intensity, others joy. all are of... various: ahhh... listerine. feel the whoa! ♪“i swear”♪ jaycee tried gain flings for the first time the other day... all are of... various: ahhh... and forgot where she was. you can always spot a first time gain flings user. up to one million dollars. that's how much university of phoenix is committing to create 400 scholarships this month alone. because we believe everybody deserves a chance. see what scholarships you may qualify for at phoenix.edu go with simparica trio it's triple protection made simple! simparica trio is the first and only monthly chewable that covers heartworm disease, ticks and fleas, round and hookworms. dogs get triple protection in just one 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