Transcripts For FOXNEWS Americas Newsroom With Bill Hemmer

Transcripts For FOXNEWS Americas Newsroom With Bill Hemmer Dana Perino 20240709



>> dana: this may be too structured for me, campaign operatives often move on. >> bill: second high profile name to move on. >> dana: the vice president's main spokespersons but calling it quits after less than a year in the role. not the only one to be leaving. jackie heinrich is live at the white house with the latest. >> good morning to you. vps chief spokesperson and senior advisor to be leaving at the end of the year. the white house is not saying why she is leaving or where she is going. we're also hearing there might be others getting ready to call it quits in the vice president's office including her deputy director of public engagement and director of press operations. white house official tells fox symone has served honorably for three years as a valuable presidential campaign and 2020 member of his transition team and deputy assistant to the president and chief spokesperson to the vice president. the president and vice president are grateful for symone's service. she is a valued member of the white house, team player and will be missed. her exit follows reports of staff infighting and dysfunction in the vice president's office and also another top staffer's departure. two weeks ago cnn published an article painting a picture of the vice president feeling scorned and not adequately positioned and being sidelined potentially all this happening a year away from her own presidential campaign with doubts about president biden running for reelection. the article describes harris as frustrated by constraints what she is able to do politically and wary of hinting at her future political ambition over concerns about disloyalty. at that time sanders rushed to harris's defense on twitter but there was no explanation from the white house today on why she is leaving her post. >> it's interesting. when your boss's approval rating is 28 to 40% in 11 months it is like being on the new york jets political team. sim on sanders we saw a lot but how often in 2021 since harris took office. she has been practically invisible save for a friendly interview every blue moon. when your boss is hidden there is not much of a spokesperson job to perform. >> white house official expressed gratitude that sanders will be working through the end of the year and we're waiting to hear what she has in store for what's coming up next. >> dana: thank you. breaking news from capitol hill. democrats on a house panel reached a tentative agreement to fund the government through february 18th. the potential shutdown still looming we find aishah hosni on capitol hill. hi. >> good morning. this is just developing in the last hour but i would definitely caution everyone out there, there is still a risk of a government shutdown because this is simply a deal made between appropriators, not necessarily leadership on both sides of the aisle. so the house appropriations committee chair just announced here in the last hour that there has been an agreement reached on the continuing resolution to fund the government that would run through february 18th. now, according to the committee chair, it will be filed sometime today with virtually no changes to existing funding except for an additional $7 billion for afghan evacuees. however, again this is a deal among appropriators, part of the proper se.s we haven't yet heard from leader schumer or mcconnell yet. that's important. some republicans out there have wanted to use the threat of a government shutdown to stop the federal vaccine mandate from going into effect. mcconnell has promised there will be no shutdown but here is senator marshall's different take yesterday. this is what he said. he said if senator schumer willing to shut down the economy over this? a third of people 20 to 30% are not going to get the vaccines and i support the vaccine. i want people to get the vaccine. i think this is the fight. this is where we have the most leverage actually to accomplish stopping the mandate. so all the while the detection of omicron variant is giving republicans and democrats new "politico" ammo. democrats saying they need to build back better act to infuse the economy with more covid relief money to support existing programs on top of the 5 trillion already out there for the pandemic. republicans like senator rand paul are accusing dr. fauci of being a lying political bureaucrat over a public health expert as the administration is taking actions in response to this new variant. again, the breaking news this morning, dana, on the government shutdown be very cautious about this deal so to speak that has been made. we have yet to hear from the leadership on both sides of the aisle. >> dana: senate minority leader mitch mcconnell will join us this morning and get his take on this and a lot more in a few minutes right here on "america's newsroom" coming up. >> california and san francisco departments of public health and the cdc have confirmed that a recent case of covid-19 among an individual in california was caused by the omicron variant. the individual was fully vaccinated and experienced mild symptoms, which are improving at this point. >> bill: there is dr. fauci confirming the first case in california that scientists work to determine how well the current vaccines work against it. dr. marc siegel here to answer your questions. nice to see you. it is thursday. on monday and tuesday of this week south africa told the world to chill out. they were saying all these cases were mild. people were treating themselves at home. we had francis collins on from the national institutes of health and he said not so fast. these are mostly younger people. what have we learned since then? are the hospitalizations going up in south africa or is it staying where it is, doctor? >> bill, over the last 24 hours we've learned a lot from south africa. first of all, the case numbers have increased to 8500 cases over 24 hours and yes, the hospitalizations are on the rise but note this. in keeping with prior outbreaks in keeping with prior variants, in keeping with a prior virus nothing out of the ordinary in terms of hospitalizations. most importantly, and you are hearing this first here, almost everyone hospitalized is unvaccinated. what does that mean? further evidence to what i've been hearing the last few days that the vaccine is effective against this variant at least in terms of against severe disease. if you are fully vaccinated or recovered from covid and had a vaccine or shot or two, and if you are boost terd up to date with the booster the chances are much higher you will get a milder case. that's what the evidence is looking like in south africa now and also starting to look like that in other countries as well. the patient that is in california had two vaccines. didn't get the booster. has a mild case. >> dana: so then we know that and we're one week from thanksgiving and so a lot of people went back to normal this year. had thanksgiving, a lot of people have the vaccine. we would be seeing some sort of uptick, am i correct, in the next few days if there was any problem from that or can we think about continuing to move forward? the president will give more remarks today about what to do about omicron but is it too early to make big decisions about mandates? i don't think there will be lockdowns, more mask mandates? >> dana, that's an excellent question. fear about a theoretical risk with one case in the united states. we're taking the eye off the thing that's actually really infecting us, the delta variant which is about 130,000 cases over the last 24 hours, 1500 deaths and that is a known quantity for us. that one we are knowing how to prepare for it with vaccines. i have said rapid testing. the president is going to come out and say by the way today he wants rapid testing all over. he said that before. i want to see a test in every home so we know who is exposed to this and who can get it. in terms to your point about travel, i think we're going to see upticks because of the delta variant, not omicron. that's not on the radar here yet because of one case. i think it is behoofrk to us to be careful when we travel. i don't have a problem with rapid testing before people get on a plane. i think that's a better approach than the three days, within three days get a pcr. i want to know who is testing negative before they get on a plane for international travel. one idea i agree with. >> bill: two more questions. they also told us to wait two weeks and we'll know more. is that true? yesterday dr. fauci suggested it was 2 to 4 weeks. what we would learn over 14 days? >> i think we know it now. we are looking for verification from what i've already said. we're seeing and i've heard it from insiders at pfizer that the vaccine, bill, causes a smattering of antibodies against this variant whereas with delta mortar geted. the smattering of antibodies you get from the vaccine will give you partial protection and a lot more protection than people realize. that's one thing. the other thing it doesn't look like it is hospitalizeing people who have had the vaccine. that's another. is it more transmissible than delta is what we still need to find out. is it going to reinfect you if you already had delta? another thing we need to find out. so far on the ground it doesn't look like it's more transmissible than delta and that's another good thing. 14 days is artificial. >> bill: what will president biden suggest today when he comes out? >> he is going to say rapid testing, we need it all over the country. he is going to caution about restricting travel. i don't like what the world health organization is doing, bill warning everyone saber rattling saying it is the worst. they've said that back in 2005 with bird flu and 100 million people would die and they went from underestimating this pandemic to begin with and now trying to compensate. i don't agree elderly people can't travel because of omicron. it is not prevalent. i think the issue is delta still and it's overreacting. >> dana: thank you so much. we'll get the remarks from the president early this afternoon. >> bill: stand by for that. this exchange with peter doocy and fauci yesterday. flying into the country versus walking into the country. it went this way. >> what about people who don't take a plane and just these border crossers coming in in huge numbers >> that's a different issue of somebody getting on a plane and getting checked, looking at a passport. we don't have that there. there is testing at the border under certain circumstances. >> dana: i think that question will be one that continues to dog the administration and deservedly so. >> bill: 12 minutes past accused of killing six people. the waukesha christmas parade suspect is talking from behind bars. what he is saying about that. leo terrell joins us coming up. >> dana: speaking of suspects. controversy surrounding former nfl running back zach stacy. should he be out on bound after allegedly assaulting his ex girlfriend in front of their son? >> bill: the government on the verge of a possible shutdown. house democrats say they reached a deal. will the full house pass it? what about the senate? we'll talk to senate minority leader mitch mcconnell about that and so many more coming up shortly. >> not about government shut downs. the question becomes why would we fund bureaucrats to go after our constituents? ♪♪ 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. what's strong with me? i know when i'm ready to run. talk to a financial professional what's strong with me? i can find strength in a rest day. what's strong with me? there are some 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with the school that morning and the father bought a gun on black friday, four days prior to the shooting, and some of the video we've seen is just awful. the prosecutor says if you watch this, it will make you sick. >> dana: they will try everything they can including a domestic terrorism charge which michigan has on the books. >> bill: interesting point. the man who drove his s.u.v. through the christmas parade gave an interview. darrell brooks junior telling fox news digital he feels dehumanized and demonized, leo terrell a civil rights attorney. i don't know what that means dehumanized and demonized in this case. >> he is a monster, career criminal. for him to use the sympathy card he will get none. he killed six people injured 60 people, career criminal. to be honest he is the poster boy for the democratic policies on crime. you look at the dem trat -- democratic cities, arrested, released, released, convicted. he is the worst of the worst regarding criminals exploiting the system. for him to try to seek sympathy, there is no sympathy for what he has done. one final point. amazing how the other networks will not cover this story because it doesn't fit the narrative. he is a disaster and he has destroyed the lives of many people during the holiday season. >> bill: help us understand this. you have been in and out of courtrooms for a long time. here is his rap sheet and put it on screen for you. the court apparently knew this on the 5th of november when he was before a judge in milwaukee. if they had that information, why allow him to go free? >> because, bill, i'll tell you right now and been a trend in all these cities. you have progressive district attorney who wants to give not a second chance, a 12th, 15th, 20th chance. if you have a prosecutor who does not believe in the bail system, who does not believe in imposing a high bail, you will get this type of person. fox news has been covering all this type of crime. is anyone surprised this man, given what has been going on in these progressive cities, surprised that he was released? the problem here is he killed people and a national alarm. hello, there are others like him who are on the streets because of progressive policies. it has to stop now. >> bill: here is what they had on the 5th of november in addition to the rap sheet. an active hold with the waukesha county sheriff's office. mr. brooks has an open case with milwaukee county. mr. brooks serious on persistent illness that he is not receiving treatment. is our system set up to protect us from people like that? >> not as long as we have progressive democratic leadership in these cities. bill, fox news did the interview. his mother hasn't seen him. his ex wife hasn't seen him, ex-girlfriend. no one wants to get near this guy, no one. because our system will fail only because he is allowed to fail. this man, brooks, who calls himself dehumanizing has not taken any personal responsibility. if you heard this man say i apologize? i'm sorry, i'm remorseful for what i've done? he has done nothing. >> bill: six counts intentional first degree homicide and held on $5 million bail. see where it goes from here. nice to sigh. >> dana: major league lock out. mlb owners and players leading to the league's first stoppage in more than 26 years. phil keating is live at home of the marlins in miami. lone depot? phil keating. the things i learn. >> welcome to miami. all of the major league players have been locked out of all stadiums and clubhouses now for nine hours, day one of this latest lock-out. the collective bargaining agreement between the major league owners and the players association expired at 11:59 last night. two minutes later at 12:01 a.m. lock-out. atlanta braves won the world series over the houston astros one month ago today. for fans the good news here is no games will be canceled until potentially next year once spring training gets underway at the end of february. that is if the two sides cannot come together before then. over the past five years the average player's salary has reportedly decreased by 9%. it is now up to league commissioner rob man fred and the union executive and their teams to negotiate a deal that so far has made very little progress with virtually no budging from either side. major league baseball wants are expanded playoffs and no increase in salaries. the players association wants a higher luxury tax threshold, more money for younger players, and an end to tanking. that's when teams trade away their high-paid star players to reduce player payroll and bring in younger prospects. players and owners had come to four agreements without the work stoppage but heading toward a clash for more than two years. the owners chose to wait until the-off season to trigger the lockdown not to cancel any games nor more importantly alienate the fans. there are 30 teams in baseball including the marlins who play right here. there hasn't been a work stoppage in the league for 26 years back in 1994 and this is only the ninth time in the league's long more than a century history. at the top of this hour at 10:00 a.m. eastern the commissioner has scheduled a news conference to talk about all of this that's happening. dana. >> dana: thank you. i learned a lot and learned it's loan depot. >> bill: it should be two words. it is like one. you get a pass. >> dana: i will take the pass. >> bill: i think you get another shot an dana's sports corner. >> dana: why do you think-tanking is okay? >> i don't think it's okay. i think it's okay that's the way companies are run. i'm not sure they will be successful at it. if you pay your star player and at the end of his career and dump the money and build up the younger guys. how did i do? >> dana: you have to have flexibility. >> bill: i thought it was dana's sports corner. border wall graveyard. more than $100 million of unused material sitting there baking in the sun after president biden canceled the contracts to build with it. we're live on the border coming up next. the ex-girlfriend of former nfl player zach stacy says she is afraid for her life as he remains free on bond despite horrifying video of his alleged abuse and her concerns. she will join us in a moment next. >> you have seen video of the victim. >> i was slapped. picked up and thrown into my tv and picked me up and slammed me into my son's bouncy seat. don't take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine. veteran homeowners, need a financial boost? the newday 100 va loan lets you ask about uborrow, the anytime, up to 100% of your home's value and take out up to $60,000 or more. give them a call. 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 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contracts when he took office. but in doing so, he not only stopped wall construction, but also installation of all that supporting technology, cameras, sensors, lights that agents depend on. what happened to all that high-end equipment taxpayers paid for? we found one of several stockpiles here near yuma. >> a mile down the road is something the government does not want you to see. miles of fiber-optic cable for detection system. lights, cameras, sensors, poles, miles of electrical cable so the gates actually work so there is power here. all left baking in the sun exposed to the elements. you paid for it but it is sits there because president biden canceled those border wall system contracts. >> we have to pay for any of the materials that were already purchased. a lot of this will be in litigation probably for years but it will cost more to cancel the contracts than it would have to complete the wall. >> former chief rodney scott says it didn't make sense to cancel those. now the federal government assumes ally built and gives up any guarantees that contractors fix their work. example, flooding and reroute than culverts. it's very expensive. another former chief says taxpayers got half of what they paid for. >> what a waste. i think that as a country we should be able to come together on a national security platform and use this stuff that was already bought. we can stop building the wall but the technology piece is a huge benefit. >> president trump -- the trump administration completed 500 miles. how much of that fence doesn't have any or partial supporting technology. we haven't been told. we know bill and saw yesterday the gsa is now offering some of that equipment to other government agencies before it would go to auction or sold for scrap. >> bill: our money. good to have you back there yuma, arizona today. william la jeunesse, thanks. >> i am afraid for my safety and for my children's safety. i want to increase his bond and place him on home confinement and make sure and verify his residence and make sure -- [inaudible]. >> dana: emotional testimony from kristen evans the former girlfriend of zach stacy. he remains free on a bond today despite her plea to increase the amount stemming from an alleged assault that took place at her home november 13th caught on surveillance camera. the video is disturbing. >> zach, zach, please. listen. >> dana: kristen is here with us now and joined by her attorney. kristen, i'm sorry for what you have gone through. thank you for being willing to come on and talk to us. one of the things that was so disturbing in watching that video is you don't seem surprised he is coming after you. is that because you had experienced it before with him? >> yes. and i just try to de-escalate the situation. >> did the judge get any input from you before setting this bond at $10,000? >> initially no. i was not able to be heard. at the first hearing. >> dana: when you found out that the bail was set at $10,000, what was your reaction to that? >> i think i was more concerned for my safety rather than the bail set. it was more of the sanctions that were not in place that i felt i wasn't safe. >> dana: do you fear any retaliation from him if he does get out of the home? apparently he will go to a treatment center. do you fear retaliation because you have been public and vocal about protecting yourself? >> initially i did feel that way. i feel safer now that there have been more sanctions placed by the second judge. so yeah, i would say initially i did. >> dana: you are her attorney, thomas fighter. i believe there is a five year restraining order placed on zach stacy? >> yes, good morning. we had that hearing yesterday and effectively zach stacy was adjudicated to be domestically violent toward kristen eveance. an added layer of protection who was a survivor. >> dana: what do you think, tom, about the bail that was set or the process that went underway? do you think the law should be changed to protect people like kristen? >> the laws have already been changed. what's important to us victims need to know their voices will be heard and respected and safety and welfare will be considered before defendants are released. kristen evans was the victim of a horrific violent attack at the hands of an ex nfl player. even with that caught on video her voice was silenced and she was not heard at the initial appearance. he was even allowed to be released before she had her day in court. now fortunately that was remedied by the presiding judge but we feel that's a problem and may be part of the systemic problem why women and victims or survivors don't come forward. they need to know they will be respected and their voices will be heard. >> dana: kristen i imagine that you never thought that you would be in this position but now you have made a decision to speak publicly and try to help others. >> yes, yes. my goal is really to help bring resources to other domestic violence survivors. just to help them regain control over their lives and move forward. it is very taxing mentally and physically. >> dana, go ahead. i was going to say victims need to know they will be respected. now i think the word is getting out on marcy's law. if they don't feel like they get the help and support they need from the law enforcement community they can reach out to private attorneys to file motions on their behalf. they have standing in courts now in florida to file those kinds of motions and we'll insure and fight to make sure they are believed and their stories and voices are heard. >> dana: whichever one wants to take this one last question. kristen, there is concern for your safety but you were also very concerned about your baby, your children. you had a 5-month-old right there. we can see him in his bouncy seat. tom or kristen, what happens in terms of custody or if there is a five-year restraining order how do you handle any sort of ability for the father to be able to see? >> of course nothing is going to change the fact that zach stacy is the biological father of their child. there is an ongoing paternity case and we'll deal with those matters, delicate issues in that case. i think first, you know, we need to let the prosecution do their job against the defendant in this case while respecting the dignity and the welfare of victims like kristen evans. >> dana: thank you, kristen. i hope you continue to heal and thank you for being a voice for all of them. appreciate it, tom as well. we'll stay if touch with you. >> bill: trey gowdy has had a lot to say about the cash bail issue and we'll talk to him later in the program here. very important topic. i tell you, dana, very well done and very tough to watch that. >> dana: what's also very difficult we talk about police and there was a desire for some people that want to defund the police say we should send social workers into a situation like that. when police officers don't want to get in the middle of domestic situations but in that situation her life was in danger and possibly the life of the child. there is a lot more here and there is a lot more women that deal with this and deal with it quietly and to tom's point, under that law marcy's law you have a right to be heard before they set bail. >> bill: we ask our cops to do an awful lot already. is there a potential deal as the deadline approaches or is a shutdown possible? what about build back better and the reaction to the argument to scotus yesterday? talk to mitch mcconnell about all that and more coming up here and don't forget to stay on top of your forecast with the fox weather app. it is cool, it's free, download it now. back in a moment. ♪♪♪ hi, i'm steve and i live in austin, texas. i work as a personal assistant to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. >> dana: there is potential movement to avert a government shutdown, house democrats reached an agreement hoping to keep the government up and running. drama is far from over even if the full house passes the agreement it faces another major challenge in the senate. joining us now is senate minority leader mitch mcconnell. wonderful to have you. one of the issues that members of congress on house and senate say the number one call into their office over the past couple of months has been about vaccine mandates. they don't want them. they are urging you to try to figure out a way to strip out that funding for vaccine mandates or make them strip out vaccine mandates so the government can continue to run. here is the house freedom caucus letter do you. we write to request you use all tools at your disposal to deny timely passage of the continuing resolution unless it prohibits funding in all respects for the vaccine mandates and enforcement there of. this is all happening as we're on the clock to see if the government will continue to be funded. what do you think happens today? will the vaccine mandates stay in the bill? >> well, i think there is good news. multiple courts have pushed the pause button on these government vaccine mandates. there is a decent chance the courts will strike them down. secondly, next week we are going to have a vote on the vaccine mandate prohibiting that regulation from going into effect. i think it has a decent chance of passing the senate. i don't think shutting down the government over this issue is going to get an outcome. it would only create chaos and uncertainty. so i don't think that's the best vehicle to get this job done. i think the courts are likely to get it done or we'll pass early next week freestanding measure to overturn the government mandate. >> bill: to put a fine point you are saying you can avert a shutdown or not, sir? >> we're not going to shut the government down. it makes no sense for anyone. almost no one on either side thinks it's a good idea. >> bill: dana and i sat here yesterday during the supreme court arguments from the state of mississippi. if the u.s. supreme court would agree with mississippi what would be the effect in 49 other states? >> it depends on what they decide. there are a number of different positions they could ultimately conclude. if they agreed with mississippi, i assume they could decide that's the law everywhere. if they went even more boldly in the direction of revisiting roe v. wade it would turn that issue back to each individual state to make a decision on the issue of abortion. it is very hard to speculate based upon oral argument before a supreme court case just how this might come out. >> dana: there is a lot of coverage this morning. i think even liberals are saying wow, it looks like roe v. wade could be scrapped or significantly paired back. do you think the republican party is prepared from a messaging standpoint to withstand the anger from the left if that happens as you head into the 2022 mid-terms and try to take back the majority? >> this is a very divisive issue in our country. it's 50/50 in the country on this issue. if -- whether it becomes a big issue in the fall depends on what the supreme court does. i think speculating about how it might come out is not very useful at this point. >> bill: okay. we'll put that on the back burner for now. perhaps in six months we get a decision from the high court. the issue will be out there and people reading and talking about it until then. in the meantime the president says republicans have no plan. do you believe and dick durbin said that the two democratic senators on the fence at the moment need to get off the fence. here is dick durbin, watch. >> he has had weeks, if not months of deliberation leading up to this moment. you have made your mark and dramatically decreased the amount that's involved in this bill and now it is time for joe manchin and kyrsten sinema to close the deal for goodness sakes. enough is enough. we've negotiated long enough. >> bill: you disagree with the comment. what is the last conversation you had with those two senators and where are they now? >> i talk to them all the time. let me tell you what would be in the best interest of the country. the best interest of the country would be to tank this reckless tax and spending bill. the biggest issue in the country is inflation. the bill they passed earlier this year on a party line vote has dramatically increased the cost of everything at the gas pump, at the grocery store, for christmas. the single biggest gift this democratic congress could give to the american people this christmas is to kill this bill. i don't think it's fixable. so i'm hoping obviously the kirsten and joe in the end. this bill is full of incredibly bad stuff. it expands welfare to illegal aliens. it grants amnesty to 6.5 million illegal immigrants. it provides believe it or not tax relief to millionaires and billionaires in places like california and new jersey and new york. this ought not to pass at all. that would be the single best christmas gift for the american people. >> bill: you are pushing to prevent payments to illegals separated at the border. can you get one democrat to vote with you on that? >> well, we'll see. we'll see. we have had multiple votes. the border is in chaos and they are in denial. it is a huge issue. it needs to be solved for the american people. and regretfully this new administration basically put up a come on in sign at the beginning of the year and people south of the border figured it out. >> dana: senator mcconnell. thank you for joining us today. i know you have a busy day ahead of you. thank you so much. >> bill: eight minutes before the hour. new details emerging about the suspect in the michigan high school shooting and they are gruesome. why his parents were called to the school hours before the attack. the latest on that coming up at the top of the hour. >> we have since learned the school did have contact with the student the day before and the day of the shooting for behavior in the classroom that they felt was concerning. time hs 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. ♪♪ the only thing a disaster can't destroy is hope. ♪♪ donate now at redcross.org >> are you ready to start a great career? >> safelite is now hiring. >> you will love your job. >> there's room to grow... >> ...and 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racial barriers and opening doors for icons including bill withers who released many top sellers. he is dealing with his wife of 54 years. their daughter is married to the ceo of netflix. netflix said in a statement describes jacquelin as an amazing wife, mother and fill an tlopist. police in the preliminary stages of the investigation. no word on a motive or any potential suspects. >> bill: doesn't make sense. thank you on that from los angeles and we'll continue to follow it. close to home here, our colleague and friend harold ford. it was his aunt gunned down inside that home. >> dana: he appreciates thoughts and prayers and support from everybody at fox. now this. >> after children started running away from the defendant he continued down the hallway at a methodical pace pointing and aiming inside classrooms and students who hadn't had the opportunity to escape. >> dana: the terrifying scene inside oxford high school in michigan where the teenager accused of killing four students is charged as an adult with 24 crimes of murder, attempted murder and terrorism. welcome to a new hour of "america's newsroom." >> bill: good morning. he is 15. his name is ethan crumbley. denied bail. prosecutors offering no motive for the shooting but saying the teen talked about killing students in a video recorded the night before the shooting. steve harrigan is on the ground live near the high school in oxford, michigan. hello, steve. >> bill, some disturbing information coming out about this suspected shooter from law enforcement officials who say they found two videos on his cell phone that detail attempts he hoped to kill other students in his school. also a journal that laid out concrete plans about how to, quote, shoot up the school. some red flags, too, raised at the school on the day of the shooting. the shooter and his parents were called in to meet with school officials who were concerned about the 15-year-old's behavior. however, he was allowed to go back to class and it was just two hours after that meeting that he came out of the bathroom firing. judging by security camera footage, law enforcement officials say they think he was firing at random. point blank range using a handgun he shot 11 people, wounding seven and killing four. the gun he used purchased by his father just four days before the shooting. now the prosecutor says the shooter's parents may face charges. >> we know that owning a gun means securing it properly and locking it and taking the ammunition separate and not allowing access to other individuals, particularly minors. we know that. and we have to hold individuals accountable who don't do that. >> the 15-year-old high school sophomore has been moved from a juvenile detention center to the county jail where he is kept in isolation from adults. he faces four charges of first degree murder and the unusual charge of terrorism that causes death. around detroit at least 12 schools are shut down. funerals for the four slain high school students begin this weekend. bill, back to you. >> bill: so tragic. steve harrigan, thank you from michigan. >> dana: for more let's bring in fox news contributor sean duffy. he is a former prosecutor and want to get your take on the point she said charge him as an adult. only 15 but also consider charging the parents. >> i believe in michigan they don't have a law that requires a parent to lock up their gun, keep ammo away from their gun or keep their gun away from children. i have think that's a real challenge to prosecute the parents. they haven't done that throughout the country very often and i don't think it will happen in this case. >> bill: the prosecutor in michigan karen mcdonald. watch. >> we charged four counts of first degree murder which requires premeditation and i am absolutely sure after reviewing the evidence that it isn't even a close call. we are considering charges against both parents and we will be making a decision swiftly. >> bill: two things there about the parents a moment ago and this kid 15 years old. you look at this mug shot you can see the devil in his eyes. there is a quote that says this was not an impulsive act. so they clearly feel that they've got evidence from the night before or prior to that. >> it appears there was a video the night before saying he wanted to come into the school and shoot and kill fellow classmates. there is a journal that was found that would indicate the same thing. bill, the real question is what is going on in america? we have had more school shootings this year than any year in our past. there san epidemic of loneliness and anger with our kids. and i don't think we're getting to the root cause of what is happening and rumors this young man was bullied. when you and i were in school when we were bullied or if you were bullied you went home and got a break from being bullied. today with social media these kids are bullied going to bed, wake up. it never stops. again i think we have to look at what is happening across the country with the youth in america of the sadness, loneliness, is there a spiritual deficit that i think are adding to the anger these kids have when they pick up arms and shoot their fellow classmates. it is so tragic. >> dana: and then in wisconsin your home state we're still dealing with the fact that darrell brooks, who plowed his s.u.v. into that christmas parade, he says that he is being dehumanized as he is being held in jail. tom cotton the senator from arkansas wrote a letter to the attorney general saying this. you seem to have no hesitation to prioritize free speech from concerned parents neither you or the department of justice appear to have issued a public statement about the mass murder in waukesha. you have also issued no statements about the lenient bail policies that allowed this to take place. that is a letter to the attorney general. >> he talked about the civil rights division of the a.g.'s office. what are you doing in this case? darrell brooks was a blm activist, anti-trump, anti-white. are they looking at darrell brooks and all racial crimes in the country or just those who appear to be white racial crimes? it should go across the board. we just talked about the shooting in michigan. what's interesting is darrell brooks actually used a firearm. shot at his nephew and was released on a $1,000 cash bail. this was a liberal prosecutor. if you are a prosecutor that says i will take gun crimes seriously you don't release a guy that shoots at a relative in a car and release him on $1,000 cash bail. you hold them in custody because they are dangerous. >> bill: it's easy bail. they had the record if front of them. >> he is the poster boy for the democratic policies on crimes. look at all the democratic cities. this guy has been released, convictioned, released, con viktd. arrested, released. he is the worst of the worst regarding criminals who have exploited the system. our system will fail only because he is allowed to fail. >> bill: to understand progressive prosecutors in places like waukesha and milwaukee are pushing their own policies to allow bail to be less and less. and potentially the impact of that is that christmas parade in wisconsin as a result. >> 100%. then what they do is say listen. we want more restrictive laws in regards to guns. maybe you should just enforce the current laws we have and hold bad people with 50 page rap sheets accountable and keep them in jail to keep your communities safe. they ask for more laws again use the laws you have on the books and prosecute people to the fullest extent of the law as good prosecutors should do. >> dana: maybe the last question. you brought up your concern about the overall bigger picture in america and what's happening especially for our youth and we're in this period of christmas and advent and hanukkah as well where people take stock and reflect. any words from you on that as you try to parent all those little lovely ones in your home? >> you know, i look at this time as troubling. wave pandemic, new variant, supply chain issues. a lot of concerns people have in the country. as we come into the advent season and christmas and people celebrate hanukkah we rally around our family and get strength and courage from the family that we have around us, the people that love us and i think that's what matters in our lives and if we go back to families and faith i think this country is strong and has a bright future. you can't focus on all these negative, horrific things happening and the policy decisions that are taking the country in the wrong direction. it will cloud the happy season of christmas. >> bill: well stated. to put a fine point on it check out the new book about christmas. recollections from you and your wife and a lot of us at the fox news channel reflecting on an earlier time. check out the book. >> great chapters from you both. thank you for participating. >> bill: thank you. fox news alert now jussie smollett's team set to examine the prosecution's star witness. he arrived in court moments ago comes a day after that man testified he and his older brother were hired by smollett to pretend to beat him in a maga-inspired attack. 20 below, 2:00 a.m., january chicago. matt finn is in chicago back on that case today. hello, matt. >> the star witness in the case is one of the brothers who say jussie smollett paid them $3500 to pretend to be donald trump supporters and beat him in a fake attack. he was on the stand testifying against smollett for the majority of the day yesterday. extensive new details about jussie's alleged plot. he says he was friends with jussie before the attack and felt indeeded to smollett. he got him a stand in role on the set of the tv show. in 2019 jussie asked him to meet in person in his mercedes where he revealed his plan. the man testified this text message from smollett was that invitation. quote, might need your help on the low. you around to meet up and talk face-to-face? he says smollett was upset that a hate letter with a maga address on it didn't get enough attention that smollett allegedly sent himself. he asked the brothers to pretend to beat him driving the brothers to the precise stairwell and instructing him to yell the f word and homophobic slur and put a noose around his neck and say it is maga country. a surveillance camera above the stairwell to capture the incident so it could be used in the media. the brothers carried out the fake attack. the surveillance pod camera didn't capture the incident. police testified in the beginning of this case when treating smollett as a victim smollett was upset when they told him the surveillance camera didn't capture the incident. the witness is now going to be cross-examined by the smollett's attorney today. his attorney said this they are sophisticated criminals, liars and arguing that jussie smollett was already famous on not hurting for money and not seeking attention. we'll keep you updated today bill and dana. >> bill: i think that's enough for now. >> dana: you almost can't believe it's real. >> bill: such trash, right? >> dana: unbelievable. >> bill: i didn't come up with that. wait until they see it. they will buy it hook, line and sinker. "new york post" says what's the "new york post" say. >> dana: the hate pretender. there he is. >> bill: i tell you, you grew up in wyoming and colorado, right? when it's 20 below you don't go outside, do you? >> dana: not in the middle of the night for a subway sandwich. maybe take the dog out or if the cow is out. i would take the dog out, you bet i would. supreme court weighing mississippi's abortion law with a decision that could reshape abortion rights right here in america, plus this. >> like to focus on the 15-week ban because that's not a dramatic departure from viability. when you get to the viability standard, we share that standard with the people's republic of china and north korea. >> dana: you heard it. tough questions about viability and constitutional rights. what will the court's conservative majority do? trey gowdy coming up. >> bill: chris cuomo addressing his suspension from cnn. will the suspension be permanent? >> dana: more turnover for the vice president. set to lose another aide. reince priebus is here to weigh in. ♪♪ 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. 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. ♪ ♪ learning is hard work. hard work requires character. learning begins in faith. it must move upwards toward the highest thing, unseen at the beginning - god. and freedom is essential to learning. its principles must be studied and defended. learning, character, faith, and freedom: these are the inseparable purposes of hillsdale college. where's mom? she said she would be home in time for the show. leardon't worry sweetie, she fpromised she'd be here for it. oh! nice shot! thanks! glad we have xfinity. with wifi speeds faster than a gig. me too. 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[screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. >> bill: 20 past the hour now. another key departure hitting kamala harris. symone sanders one of her most trusted advisors is calling it quits after less than a year in the job. former trump chief of staff reince priebus. what is happening over there, the second big time departure in the last couple of weeks. >> it is one thing to have a little white house drama that happens in every administration but it is another thing when you are completely ineffective. what is happening here is all the drama, all the problems in public policy. you talked about crime, the border, inflation, supply chains, gas prices, now covid has got a new variant, the president said he was going to get it under control. he has not. and then you have a vp that is unpopular. the bigger issue is this. these two people, the president and the vice president are completely unusable on the campaign trail. we talked about this a couple months ago before the virginia race. the problem is it's one thing to be at 38% approval or in harris's case 28% approval. the problem is what obama and trump didn't have was that they were not completely unpopular within the party. trump had always 95% approval. people would run through a wall for trump. the same was true for barack obama. even though the numbers went up and down, the core support was very strong. last thing is this look, when there is draum yeah in the white house and in this case a meltdown. the first people then are going to have a hard time because take it from me, i know what it's like. the first people in and dana understands this, too. the first thing you do you tell people things are working in the white house, well, only about 20 people work in the west wing. you will be across the street with 2,000 other people in the white house. the second thing you tell people is well, you are not going to be assistant to the president, you are going to be a special assistant to the president which for the viewers is a couple rungs down. oh and by the way, you are not allowed in the oval office. you have to talk to this person you have never met before you walk in. plus you have an implosion, everyone is shooting everybody. and in this case unlike the past administrations they aren't delivering any policies to their base. so communicators are the first ones out, dana knows that. if you are on the com staff an your number is in the tank they aren't doing a good job or telling the story. not to mention kamala harris is giving bizarre interviews all over the place. >> bill: republicans say she has been hiding. i haven't seen an interview with symone in sometime. i don't know if you have for some time. >> i never see her. >> bill: symone is a valued member of the campaign and transition team and senior advisor and chief spokesperson to the vice president. there is another topic to get to. i don't know what the fate is for chris cuomo. i don't know what cnn decides. he was on his radio program yesterday and talked about it briefly, his suspension. >> it hurts to even say it. it's embarrassing. i have apologized in the past. i mean it. i'm not going to talk about this anymore. >> bill: he said that he wasn't being totally up front with his bosses and what kind of contact or help did he give to his brother when he was governor. gail collins editorial "new york times" today. chris cuomo has a funny idea about what doing his job means. how much have you thought about this? does he have a future there? >> well, given jeff tubin's future there is always an opportunity for people to come back. but like jeff, cuomo has his hands full. look, what cuomo said was that it was a mistake to advise his brother. but he didn't just advise his brother. he was actually actively using his colleagues and his friends to help shape and manage the crisis. that's the problem. it's the problem with all these guys. when they act holier than thou and base their show on this -- it's not even believable. the all-star wrestling of ethics and decency, what they portray themselves as. his entire five-minute lead into the don lemon show was a discussion about decency and integrity and then he lied to his employer and lied to his viewers. that's the problem. the media is so hypocritical on that side of the aisle because they love destroying people over any discretion whatsoever. i've never been a person that loves to pounce on people when they make a mistake. i don't do it. i don't like it. we all do things in life whether it's one bad thing or maybe a lesser bad thing but we all have issues. i don't like destroying people but i don't like it when the media is hypocritical and they put these people up as statues of ethics and they destroy other people for doing the same things and then when it comes to their own people, they put them back on the air. that's the problem and that's what people are sick and tired of. >> bill: we'll see what decision they make in the end. nice to see you, reince priebus with us today. >> dana: we wait for the supreme court to weigh in on the mississippi abortion law. could it affect roe v. wade and what could it mean for next year's mid-term. trey gowdy joins us next. border patrol saying they are seeing a surge in migrants even during the day. a look at the border as only fox can bring you up next. veteran homeowners- have you been spending more time at home? 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[energetic music throughout] what's strong with me? i'm ready for anything. move, look, and feel better. find out what's strong with you with fitbit charge 5 and daily readiness. >> dana: the relentless surge at the southern border continues. exclusive drone team footage showing late night pursuits of migrants at the border as the texas department of public safety reports a sharp rise in daytime border activity. senior correspondent casey stiegel is live in la joya, texas. what's going on now? >> it's almost a tale of two different worlds here. during the daylight hours they see the unaccompanied minors and the family units that are mostly surrendering themselves voluntarily. boy in the cover of darkness it is when the game changes. officials here working out on the ground tell us that they are seeing a spike in what they call runners. migrants who try to evade apprehension. fox news cameras capturing some of the action in the rio grande valley of south texas. the flurry of activity, by the way, 24 hours a day, seven days a week along the southern border and with news that later today president biden is expected to announce he is reinstating former president trump's remain in mexico policy, a program he has tried to dismantle. this week i asked texas governor greg abbott if there was actually political will in d.c. to fix this. here is his response. >> candidly the truth is joe biden doesn't want to fix the problems on the border. the problems on the border is exactly what joe biden wanted to achieve. remember, he ran on open border policies. now america is seeing the disaster of his policy. >> all week long we've been talking with our sources on the ground and agents and state troopers have told us they aren't sure if the reinstatement of the remain in mexico policy will help all that much at this point because the word is already out. clearly the caravans have deployed and they say that putting the genie back in the bottle can be quite difficult. >> dana: casey stiegel for us at the border. amazing. thanks. >> the constitution places its trust in the people. on hard issue after hard issue the people make this country work. abortion is a hard issue. >> eliminating or reducing the right to abortion will propel women backwards. two generations have now relied on this right and one out of every four women makes the decision to end a pregnancy. >> bill: historic arguments listening there on abortion before the court yesterday. now it's up to nine justices to reach a decision that could dramatically alter abortion rights in the u.s. they will meet in private at the end of this week and take an initial vote but months before they issue a decision. trey gowdy host of sunday night in america is with us now. thank you for your time today. we've asked a lot of people to weigh in on this and i want to give you the opportunity based on what you heard of the audio portion of yesterday. what do you think? >> bill, i think this issue has vexed us for the three of our lifetime's. since shortly after we were born this issue has dominated and divided the country. i don't think an oral argument that lasts 90 minutes will resolve it. is issue is this. i want to you manage a con you um from conception to birth and two competing constitutional issues. the liberty of the woman and the life interest of the child. and they are both traveling down this continuum and they bisect. the issue then becomes who reconciles those competing interests? is it done by nine people wearing black robes or done by 90 million people at the ballot box? clearly you can't ban all abortions and clearly you can't engage in infanticide. those are the two bookends. how you balance those interests in the interim, some people think it's a judicial issue and some people think it's a political issue and that's what i heard yesterday, that division. >> dana: sonia sotomayor had quite a take yesterday. listen to what she said what might happen. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> dana: she went on to say there is concern about the american people not trusting in our institutions, but when she said that i immediately thought there are a lot of people who think the original stench if you want to call it that started when this decision was decided in the way that it was, which was more of a political rather than a legal decision in the constitution. >> my initial reaction to that was you know, when the people's house this week we had members calling one another jihadists and crazy and traitors. there has been a lack of decorum throughout government recently. harry blackman played the role of a neonateologist and how we got roe v. wade. a lawyer decided to play god/doctor. so there will always be political considerations. some people think that same-sex marriage was on a track toward being adopted by states but the supreme court kind of injected its own view of marriage, even though states were trending in that direction. no more of a stench that the supreme court has stepped into. reading an age limit into the eighth amendment. they've been doing things that conservatives thought were political for a long time. >> bill: trey, we tried to figure out what mitch mcconnell thought about this last hour. didn't get very far on that topic because there is a political side to this and a legal side to this. the politics would be if you are going to drop a decision at the end of june it comes four months before a mid-term and we'll see a, what the decision is, and b, how it could affect the politics of the u.s. congress in the house and senate in november. but let's just say that chief justice roberts is able to be successful with what seemed to be his argument yesterday. you rule that mississippi can declare 15 weeks viability. but roe v. wade by and large stays intact. texas is at six weeks. ohio has a heartbeat bill, which would be the point of conception. what happens in the other 49 states? what legal challenges would they bring? would the court have to revisit this again or would it be settled? just under that scenario what would be the result in america? >> you know, it depends on where they set the bookends. remember, we used to have this debate over partial birth abortion which is just unconscionable but there are people on the left that essentially think that you should be able to engage in infanticide. most americans don't like that. i think most americans also would say you can't put an absolute ban on abortions. hopefully since we live in a participatory democracy people would not resist the notion that we get to balance those competing interests between the liberty of the woman and the life of the child. who says it should be nine people that none of us know that have never run for office that just did well-in-law school? is that the argument these nine people should unlock all the mysteries of the constitution or can the people do it? and if we can't make the argument that we should trust ourselves to weigh and balance competing interests then we have broader problems than just what happens in november. >> dana: we might have that. interesting to go through it with you. >> bill: you are making the case then go ahead and let 50 states decide. >> they are bookends. you can't fall below this and you can't rise above that. within those bookends this is what your right is. your right is this, you can't ban all abortions or engage in infanticide. in the area between yes, we have 50 laboratories and those laboratories can decide how they weigh and balance these competing interests. think of that continuum, bill. you have conception to birth. you have the life interest of the child, the liberty interest of the woman. and how different states balance it. different states have different positions on the death penalty. that's also a liberty and life issue. so why not this? >> dana: a great point. >> bill: thank you, trey. thanks for coming on. see you soon. trey gowdy with us. thanks. >> dana: disturbing news about a new opioid drug several times stronger than fentanyl. now in at least one major u.s. city. we'll talk to somebody who has seen firsthand the damage opioids can have on a family and what kind of physical, financial and emotional impact living with an addict can take next. 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. i may have moderate to severe rheumatoid arthritis. save up to $500 on select or psoriatic arthritis. but we are so much more. we're team players and artists. designers and do-it-yourselfers. parents and friends. if joint pain is getting in the way of who you are, it's time to talk to your doctor about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel. eligible patients may pay as little as $5 per month. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ >> dana: forensic analysts in washington, d.c. have identified a new synthetic opioids. it is said to be at least several times more powerful than fentanyl and the drug could be partially resistant to narcan used by first responders to save overdose victims. my next guest has seen the impact of the opioid crisis firsthand. lost her brother to an overdose in 2017. britney adams kelly joins us now. you are one of many who has gone through this and you are willing to come on and talk about your experience. tell me a little bit about your brother, mark. >> my brother, matt. >> dana: excuse me, matt. >> he was a really great person, genuine just a person who would give you the shirt off his back even if you were a complete stranger. just a real good personality. >> dana: and a good brother to you. >> absolutely. >> dana: so then what happened as he went on in his life that took a bad turn? >> we both experienced a lot of hardships growing up. just personal -- very personal experiences. and i dealt with my trauma in different ways and eventually he found his comfort in opioids. it was after high school that his addiction started and he just couldn't really find a way out. he did attempt recovery, went to rehab for six months. was able to get sober and he actually stayed sober for five years. he moved out of arkansas to get away from his normal group of people and he did really great. he found recovery and his last five years were really good for him. >> dana: i love my sister and that love that you have for your sibling is such a special and deep one. how have you dealt with whatever it is that you feel in terms of the loss of his life and how that affects you now as you try to -- you've dealt with what you went through in a different way. >> right. so we started a nonprofit foundation that we run in northwest arkansas that we have put all of our grief into. we have been able to save over 120 people with our program that we started running and it is amazing the amount of healing it has been able to provide us. >> dana: have you come across any advice that you could pass along to somebody who is maybe watching, one of their loved ones go through this right now and they probably worry every day that an overdose could happen. is there anything that can be done within the family to try to help somebody get past that? >> there is no one way to make this go away. me as a teenager, i went to alnon meetings. i couldn't make him go and stay sober and do what i wanted him to do. recovery doesn't work if they're not ready. so that was one thing that i focused on and i would go to counseling occasionally and i had a really good support group within my church and my family friends and stuff that i was able to lean on and try to get me through those times that were tougher for him. >> dana: you are quite remarkable. he had a lovely smile as do you. we thank you for being with us today as we try to get through this all together as a country. thank you. >> thank you. >> bill: courageous of her to share that story. a lot of people could hear it. >> dana: sometimes you suffer in silence because you don't know how to ask for help. check out her nonprofit. we'll put it up on our page as well. >> bill: and there is this, roll it. >> put your hands over your head. comply with the orders. >> bill: this is not a job for the faint of heart. u.s. marshals putting it all on the line to keep your community safe. we'll take a ride along to see how they are doing straight ahead. music: ♪ “i got you babe” by etta james ♪ get groceries, gifts, & more fast and easy so last minute guests are the only thing you'll be waiting on ♪ ♪ joy. fully. going to tell you about exciting medicare advantage plans that can provide broad coverage, and still may save you money on monthly premiums and prescription drugs. with original medicare, you're covered for hospital stays and doctor office visits. but you have to meet a deductible for each, and then you're still responsible for 20% of the cost. next, let's look at a medicare supplement plan. as you can see, they cover the same things as original medicare, and they also cover your medicare deductibles and co-insurance. but, they often have higher monthly premiums and no prescription drug coverage. now, let's take a look at humana's medicare advantage plans. with a humana medicare advantage plan, hospital stays, doctor office visits and your original medicare deductibles are covered. and of course, most humana medicare advantage plans include prescription drug coverage. in fact, in 2020 humana medicare advantage prescription drug plan members saved an estimated $8,400 on average on their prescription costs. most humana medicare advantage plans include a silversneakers fitness program at no extra cost. dental, vision and hearing coverage is included with most humana medicare advantage plans and, you get telehealth coverage with a $0 copay. you get all this for as low as a $0 monthly plan premium in many areas. and your doctor and hospital may already be a part of humana's large network. if you want the facts, call right now for the free decision guide from humana. there is no obligation, so call the number on your screen right now to see if your doctor is in our network, to find out if you can save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. ♪ 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! veteran homeowners- you made a smart move ask your doctor about xiidra. 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. >> harris: we knew it might be coming. president biden set to announce a new round of restrictions. how is that going to work with judges knocking down his mandates on covid left and right? and kamala harris's team is headed for the door over and over we're hearing about this now. a big name has said she is leaving. her boss is repeating a debunked story that he used to drive a big rig? so many tales told so many times. representative brian mast, tammy bruce tapped him. "the faulkner focus" top of the hour. >> dana: women professional tennis tour suspending all tournaments in hong kong and china. a top player accused a communist government official of sexual assault and all of her social media postings were scrubbed. tennis officials have been unable to talk to her directly as beijing will host the winter olympics in february. >> bill: good for him. he runs that organization and invited any time to come speak with us. standing up for his principles. that's right. this, too. watch in cleveland, ohio. >> america look at desperate people commit desperate acts with transit consequences. >> bill: the job of the u.s. marshal is expansive from fugitive hunting to cold cases and active murder investigations. fox news went on a pre-dawn ride along in ohio to see what it's about. what did you see? >> up and out in the field with tactical gear and warrants in hand has proven to be a successful formula for u.s. marshals looking for violent fugitives. the job is more dangerous and complex than in the movies as we found out firsthand. >> go to the front door. put your hands over your head. comply with the officer's orders. do not resist. >> that was all before the sun came up. a pre-dawn ride along with the task force started with a briefing in an empty parking lot to go over the fudge tifshs they were after. the first warrant a success and so was the next one. u.s. marshal service was the first federal law enforcement agency in the united states dating back in 1789 and while all 94 federal districts have different challenges, they all have the same objective. supervise re ann murphy along with u.s. marshal pete elliott said the job puts their team in situations with unpredictable consequences but they never give up. >> we arrest hundreds of homicide suspects here. we have open homicide suspects from years ago that we don't let go of. the marshal service we don't let go of cases. >> i don't care who you are you always leave behind the clue. and maybe the smallest little clue out there but that's what we do. >> u.s. marshal deputies remind the public many of their cases are often just a tip away. fugitives can change their identity and look and behavioral patterns and daily are you teens could be the include to flip a cold case and end in arrest. >> bill: always leave a clue. thanks for that. >> dana: i love the u.s. marshals. their history, they are unbelievable. before we go there was an arrest in north carolina you need to know about. nash county, north carolina comes to us via a good friend. the police department there has arrested the grin much and he is now safely behind bars and said it in their press release. grinch was wanted for being a bad dude. the post described him as furry, pot bellied, pare shaped and snub nosed. if you see him don't approach him. they decided to take matters into their own hands. he was arrested and is safely behind bars. >> bill: they got their guy, didn't they, dana? >> dana: are you a grinch? you are the opposite. my sister loves the grinch show. peter and i came from england to denver and i had to do something. my sister four years younger than me. she was 21. wanted to watch the grinch with him and he was trying to pretend interest. >> we have to roll. be in california tomorrow at the reagan library, great, smart minds. >> dana: so many issues. >> bill: we'll be doing it 50/50 tomorrow. >> dana: "the faulkner focus" is up next. here is harris. >> harris: breaking news, the white house press briefing with jen psaki is expected to begin at any moment. among the crisis questions daily a new one. what is going on with the mass exodus inside the vice president's office? i'm harris "the faulkner focus" and you are in "the faulkner focus". fox news confirmed symone sanders, kamala harris chief spokesperson will leave the biden administration at the end of the year. the news comes just after we had learned the v.p.'s communications director is

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Transcripts For FOXNEWS Americas Newsroom With Bill Hemmer Dana Perino 20240709 : Comparemela.com

Transcripts For FOXNEWS Americas Newsroom With Bill Hemmer Dana Perino 20240709

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>> dana: this may be too structured for me, campaign operatives often move on. >> bill: second high profile name to move on. >> dana: the vice president's main spokespersons but calling it quits after less than a year in the role. not the only one to be leaving. jackie heinrich is live at the white house with the latest. >> good morning to you. vps chief spokesperson and senior advisor to be leaving at the end of the year. the white house is not saying why she is leaving or where she is going. we're also hearing there might be others getting ready to call it quits in the vice president's office including her deputy director of public engagement and director of press operations. white house official tells fox symone has served honorably for three years as a valuable presidential campaign and 2020 member of his transition team and deputy assistant to the president and chief spokesperson to the vice president. the president and vice president are grateful for symone's service. she is a valued member of the white house, team player and will be missed. her exit follows reports of staff infighting and dysfunction in the vice president's office and also another top staffer's departure. two weeks ago cnn published an article painting a picture of the vice president feeling scorned and not adequately positioned and being sidelined potentially all this happening a year away from her own presidential campaign with doubts about president biden running for reelection. the article describes harris as frustrated by constraints what she is able to do politically and wary of hinting at her future political ambition over concerns about disloyalty. at that time sanders rushed to harris's defense on twitter but there was no explanation from the white house today on why she is leaving her post. >> it's interesting. when your boss's approval rating is 28 to 40% in 11 months it is like being on the new york jets political team. sim on sanders we saw a lot but how often in 2021 since harris took office. she has been practically invisible save for a friendly interview every blue moon. when your boss is hidden there is not much of a spokesperson job to perform. >> white house official expressed gratitude that sanders will be working through the end of the year and we're waiting to hear what she has in store for what's coming up next. >> dana: thank you. breaking news from capitol hill. democrats on a house panel reached a tentative agreement to fund the government through february 18th. the potential shutdown still looming we find aishah hosni on capitol hill. hi. >> good morning. this is just developing in the last hour but i would definitely caution everyone out there, there is still a risk of a government shutdown because this is simply a deal made between appropriators, not necessarily leadership on both sides of the aisle. so the house appropriations committee chair just announced here in the last hour that there has been an agreement reached on the continuing resolution to fund the government that would run through february 18th. now, according to the committee chair, it will be filed sometime today with virtually no changes to existing funding except for an additional $7 billion for afghan evacuees. however, again this is a deal among appropriators, part of the proper se.s we haven't yet heard from leader schumer or mcconnell yet. that's important. some republicans out there have wanted to use the threat of a government shutdown to stop the federal vaccine mandate from going into effect. mcconnell has promised there will be no shutdown but here is senator marshall's different take yesterday. this is what he said. he said if senator schumer willing to shut down the economy over this? a third of people 20 to 30% are not going to get the vaccines and i support the vaccine. i want people to get the vaccine. i think this is the fight. this is where we have the most leverage actually to accomplish stopping the mandate. so all the while the detection of omicron variant is giving republicans and democrats new "politico" ammo. democrats saying they need to build back better act to infuse the economy with more covid relief money to support existing programs on top of the 5 trillion already out there for the pandemic. republicans like senator rand paul are accusing dr. fauci of being a lying political bureaucrat over a public health expert as the administration is taking actions in response to this new variant. again, the breaking news this morning, dana, on the government shutdown be very cautious about this deal so to speak that has been made. we have yet to hear from the leadership on both sides of the aisle. >> dana: senate minority leader mitch mcconnell will join us this morning and get his take on this and a lot more in a few minutes right here on "america's newsroom" coming up. >> california and san francisco departments of public health and the cdc have confirmed that a recent case of covid-19 among an individual in california was caused by the omicron variant. the individual was fully vaccinated and experienced mild symptoms, which are improving at this point. >> bill: there is dr. fauci confirming the first case in california that scientists work to determine how well the current vaccines work against it. dr. marc siegel here to answer your questions. nice to see you. it is thursday. on monday and tuesday of this week south africa told the world to chill out. they were saying all these cases were mild. people were treating themselves at home. we had francis collins on from the national institutes of health and he said not so fast. these are mostly younger people. what have we learned since then? are the hospitalizations going up in south africa or is it staying where it is, doctor? >> bill, over the last 24 hours we've learned a lot from south africa. first of all, the case numbers have increased to 8500 cases over 24 hours and yes, the hospitalizations are on the rise but note this. in keeping with prior outbreaks in keeping with prior variants, in keeping with a prior virus nothing out of the ordinary in terms of hospitalizations. most importantly, and you are hearing this first here, almost everyone hospitalized is unvaccinated. what does that mean? further evidence to what i've been hearing the last few days that the vaccine is effective against this variant at least in terms of against severe disease. if you are fully vaccinated or recovered from covid and had a vaccine or shot or two, and if you are boost terd up to date with the booster the chances are much higher you will get a milder case. that's what the evidence is looking like in south africa now and also starting to look like that in other countries as well. the patient that is in california had two vaccines. didn't get the booster. has a mild case. >> dana: so then we know that and we're one week from thanksgiving and so a lot of people went back to normal this year. had thanksgiving, a lot of people have the vaccine. we would be seeing some sort of uptick, am i correct, in the next few days if there was any problem from that or can we think about continuing to move forward? the president will give more remarks today about what to do about omicron but is it too early to make big decisions about mandates? i don't think there will be lockdowns, more mask mandates? >> dana, that's an excellent question. fear about a theoretical risk with one case in the united states. we're taking the eye off the thing that's actually really infecting us, the delta variant which is about 130,000 cases over the last 24 hours, 1500 deaths and that is a known quantity for us. that one we are knowing how to prepare for it with vaccines. i have said rapid testing. the president is going to come out and say by the way today he wants rapid testing all over. he said that before. i want to see a test in every home so we know who is exposed to this and who can get it. in terms to your point about travel, i think we're going to see upticks because of the delta variant, not omicron. that's not on the radar here yet because of one case. i think it is behoofrk to us to be careful when we travel. i don't have a problem with rapid testing before people get on a plane. i think that's a better approach than the three days, within three days get a pcr. i want to know who is testing negative before they get on a plane for international travel. one idea i agree with. >> bill: two more questions. they also told us to wait two weeks and we'll know more. is that true? yesterday dr. fauci suggested it was 2 to 4 weeks. what we would learn over 14 days? >> i think we know it now. we are looking for verification from what i've already said. we're seeing and i've heard it from insiders at pfizer that the vaccine, bill, causes a smattering of antibodies against this variant whereas with delta mortar geted. the smattering of antibodies you get from the vaccine will give you partial protection and a lot more protection than people realize. that's one thing. the other thing it doesn't look like it is hospitalizeing people who have had the vaccine. that's another. is it more transmissible than delta is what we still need to find out. is it going to reinfect you if you already had delta? another thing we need to find out. so far on the ground it doesn't look like it's more transmissible than delta and that's another good thing. 14 days is artificial. >> bill: what will president biden suggest today when he comes out? >> he is going to say rapid testing, we need it all over the country. he is going to caution about restricting travel. i don't like what the world health organization is doing, bill warning everyone saber rattling saying it is the worst. they've said that back in 2005 with bird flu and 100 million people would die and they went from underestimating this pandemic to begin with and now trying to compensate. i don't agree elderly people can't travel because of omicron. it is not prevalent. i think the issue is delta still and it's overreacting. >> dana: thank you so much. we'll get the remarks from the president early this afternoon. >> bill: stand by for that. this exchange with peter doocy and fauci yesterday. flying into the country versus walking into the country. it went this way. >> what about people who don't take a plane and just these border crossers coming in in huge numbers >> that's a different issue of somebody getting on a plane and getting checked, looking at a passport. we don't have that there. there is testing at the border under certain circumstances. >> dana: i think that question will be one that continues to dog the administration and deservedly so. >> bill: 12 minutes past accused of killing six people. the waukesha christmas parade suspect is talking from behind bars. what he is saying about that. leo terrell joins us coming up. >> dana: speaking of suspects. controversy surrounding former nfl running back zach stacy. should he be out on bound after allegedly assaulting his ex girlfriend in front of their son? >> bill: the government on the verge of a possible shutdown. house democrats say they reached a deal. will the full house pass it? what about the senate? we'll talk to senate minority leader mitch mcconnell about that and so many more coming up shortly. >> not about government shut downs. the question becomes why would we fund bureaucrats to go after our constituents? ♪♪ 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. what's strong with me? i know when i'm ready to run. talk to a financial professional what's strong with me? i can find strength in a rest day. what's strong with me? there are some 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with the school that morning and the father bought a gun on black friday, four days prior to the shooting, and some of the video we've seen is just awful. the prosecutor says if you watch this, it will make you sick. >> dana: they will try everything they can including a domestic terrorism charge which michigan has on the books. >> bill: interesting point. the man who drove his s.u.v. through the christmas parade gave an interview. darrell brooks junior telling fox news digital he feels dehumanized and demonized, leo terrell a civil rights attorney. i don't know what that means dehumanized and demonized in this case. >> he is a monster, career criminal. for him to use the sympathy card he will get none. he killed six people injured 60 people, career criminal. to be honest he is the poster boy for the democratic policies on crime. you look at the dem trat -- democratic cities, arrested, released, released, convicted. he is the worst of the worst regarding criminals exploiting the system. for him to try to seek sympathy, there is no sympathy for what he has done. one final point. amazing how the other networks will not cover this story because it doesn't fit the narrative. he is a disaster and he has destroyed the lives of many people during the holiday season. >> bill: help us understand this. you have been in and out of courtrooms for a long time. here is his rap sheet and put it on screen for you. the court apparently knew this on the 5th of november when he was before a judge in milwaukee. if they had that information, why allow him to go free? >> because, bill, i'll tell you right now and been a trend in all these cities. you have progressive district attorney who wants to give not a second chance, a 12th, 15th, 20th chance. if you have a prosecutor who does not believe in the bail system, who does not believe in imposing a high bail, you will get this type of person. fox news has been covering all this type of crime. is anyone surprised this man, given what has been going on in these progressive cities, surprised that he was released? the problem here is he killed people and a national alarm. hello, there are others like him who are on the streets because of progressive policies. it has to stop now. >> bill: here is what they had on the 5th of november in addition to the rap sheet. an active hold with the waukesha county sheriff's office. mr. brooks has an open case with milwaukee county. mr. brooks serious on persistent illness that he is not receiving treatment. is our system set up to protect us from people like that? >> not as long as we have progressive democratic leadership in these cities. bill, fox news did the interview. his mother hasn't seen him. his ex wife hasn't seen him, ex-girlfriend. no one wants to get near this guy, no one. because our system will fail only because he is allowed to fail. this man, brooks, who calls himself dehumanizing has not taken any personal responsibility. if you heard this man say i apologize? i'm sorry, i'm remorseful for what i've done? he has done nothing. >> bill: six counts intentional first degree homicide and held on $5 million bail. see where it goes from here. nice to sigh. >> dana: major league lock out. mlb owners and players leading to the league's first stoppage in more than 26 years. phil keating is live at home of the marlins in miami. lone depot? phil keating. the things i learn. >> welcome to miami. all of the major league players have been locked out of all stadiums and clubhouses now for nine hours, day one of this latest lock-out. the collective bargaining agreement between the major league owners and the players association expired at 11:59 last night. two minutes later at 12:01 a.m. lock-out. atlanta braves won the world series over the houston astros one month ago today. for fans the good news here is no games will be canceled until potentially next year once spring training gets underway at the end of february. that is if the two sides cannot come together before then. over the past five years the average player's salary has reportedly decreased by 9%. it is now up to league commissioner rob man fred and the union executive and their teams to negotiate a deal that so far has made very little progress with virtually no budging from either side. major league baseball wants are expanded playoffs and no increase in salaries. the players association wants a higher luxury tax threshold, more money for younger players, and an end to tanking. that's when teams trade away their high-paid star players to reduce player payroll and bring in younger prospects. players and owners had come to four agreements without the work stoppage but heading toward a clash for more than two years. the owners chose to wait until the-off season to trigger the lockdown not to cancel any games nor more importantly alienate the fans. there are 30 teams in baseball including the marlins who play right here. there hasn't been a work stoppage in the league for 26 years back in 1994 and this is only the ninth time in the league's long more than a century history. at the top of this hour at 10:00 a.m. eastern the commissioner has scheduled a news conference to talk about all of this that's happening. dana. >> dana: thank you. i learned a lot and learned it's loan depot. >> bill: it should be two words. it is like one. you get a pass. >> dana: i will take the pass. >> bill: i think you get another shot an dana's sports corner. >> dana: why do you think-tanking is okay? >> i don't think it's okay. i think it's okay that's the way companies are run. i'm not sure they will be successful at it. if you pay your star player and at the end of his career and dump the money and build up the younger guys. how did i do? >> dana: you have to have flexibility. >> bill: i thought it was dana's sports corner. border wall graveyard. more than $100 million of unused material sitting there baking in the sun after president biden canceled the contracts to build with it. we're live on the border coming up next. the ex-girlfriend of former nfl player zach stacy says she is afraid for her life as he remains free on bond despite horrifying video of his alleged abuse and her concerns. she will join us in a moment next. >> you have seen video of the victim. >> i was slapped. picked up and thrown into my tv and picked me up and slammed me into my son's bouncy seat. don't take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine. veteran homeowners, need a financial boost? the newday 100 va loan lets you ask about uborrow, the anytime, up to 100% of your home's value and take out up to $60,000 or more. give them a call. 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 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obligation, so call the number on your screen right now to see if your doctor is in our network; to find out if you could save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. 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 >> bill: more than two dozen border wall projects canceled by the biden administration. hundreds of millions of dollars worth of taxpayer paid materials are lying in the desert unused. william la jeunesse is live near yuma, arizona with a closer look at the equipment and what comes next. hello, william. >> good morning, bill. most of us don't like to waste money, buy things we don't use or start a project you don't finish. that is unless it's a border wall and you are president biden, who canceled 16 billion dollars in wall contracts when he took office. but in doing so, he not only stopped wall construction, but also installation of all that supporting technology, cameras, sensors, lights that agents depend on. what happened to all that high-end equipment taxpayers paid for? we found one of several stockpiles here near yuma. >> a mile down the road is something the government does not want you to see. miles of fiber-optic cable for detection system. lights, cameras, sensors, poles, miles of electrical cable so the gates actually work so there is power here. all left baking in the sun exposed to the elements. you paid for it but it is sits there because president biden canceled those border wall system contracts. >> we have to pay for any of the materials that were already purchased. a lot of this will be in litigation probably for years but it will cost more to cancel the contracts than it would have to complete the wall. >> former chief rodney scott says it didn't make sense to cancel those. now the federal government assumes ally built and gives up any guarantees that contractors fix their work. example, flooding and reroute than culverts. it's very expensive. another former chief says taxpayers got half of what they paid for. >> what a waste. i think that as a country we should be able to come together on a national security platform and use this stuff that was already bought. we can stop building the wall but the technology piece is a huge benefit. >> president trump -- the trump administration completed 500 miles. how much of that fence doesn't have any or partial supporting technology. we haven't been told. we know bill and saw yesterday the gsa is now offering some of that equipment to other government agencies before it would go to auction or sold for scrap. >> bill: our money. good to have you back there yuma, arizona today. william la jeunesse, thanks. >> i am afraid for my safety and for my children's safety. i want to increase his bond and place him on home confinement and make sure and verify his residence and make sure -- [inaudible]. >> dana: emotional testimony from kristen evans the former girlfriend of zach stacy. he remains free on a bond today despite her plea to increase the amount stemming from an alleged assault that took place at her home november 13th caught on surveillance camera. the video is disturbing. >> zach, zach, please. listen. >> dana: kristen is here with us now and joined by her attorney. kristen, i'm sorry for what you have gone through. thank you for being willing to come on and talk to us. one of the things that was so disturbing in watching that video is you don't seem surprised he is coming after you. is that because you had experienced it before with him? >> yes. and i just try to de-escalate the situation. >> did the judge get any input from you before setting this bond at $10,000? >> initially no. i was not able to be heard. at the first hearing. >> dana: when you found out that the bail was set at $10,000, what was your reaction to that? >> i think i was more concerned for my safety rather than the bail set. it was more of the sanctions that were not in place that i felt i wasn't safe. >> dana: do you fear any retaliation from him if he does get out of the home? apparently he will go to a treatment center. do you fear retaliation because you have been public and vocal about protecting yourself? >> initially i did feel that way. i feel safer now that there have been more sanctions placed by the second judge. so yeah, i would say initially i did. >> dana: you are her attorney, thomas fighter. i believe there is a five year restraining order placed on zach stacy? >> yes, good morning. we had that hearing yesterday and effectively zach stacy was adjudicated to be domestically violent toward kristen eveance. an added layer of protection who was a survivor. >> dana: what do you think, tom, about the bail that was set or the process that went underway? do you think the law should be changed to protect people like kristen? >> the laws have already been changed. what's important to us victims need to know their voices will be heard and respected and safety and welfare will be considered before defendants are released. kristen evans was the victim of a horrific violent attack at the hands of an ex nfl player. even with that caught on video her voice was silenced and she was not heard at the initial appearance. he was even allowed to be released before she had her day in court. now fortunately that was remedied by the presiding judge but we feel that's a problem and may be part of the systemic problem why women and victims or survivors don't come forward. they need to know they will be respected and their voices will be heard. >> dana: kristen i imagine that you never thought that you would be in this position but now you have made a decision to speak publicly and try to help others. >> yes, yes. my goal is really to help bring resources to other domestic violence survivors. just to help them regain control over their lives and move forward. it is very taxing mentally and physically. >> dana, go ahead. i was going to say victims need to know they will be respected. now i think the word is getting out on marcy's law. if they don't feel like they get the help and support they need from the law enforcement community they can reach out to private attorneys to file motions on their behalf. they have standing in courts now in florida to file those kinds of motions and we'll insure and fight to make sure they are believed and their stories and voices are heard. >> dana: whichever one wants to take this one last question. kristen, there is concern for your safety but you were also very concerned about your baby, your children. you had a 5-month-old right there. we can see him in his bouncy seat. tom or kristen, what happens in terms of custody or if there is a five-year restraining order how do you handle any sort of ability for the father to be able to see? >> of course nothing is going to change the fact that zach stacy is the biological father of their child. there is an ongoing paternity case and we'll deal with those matters, delicate issues in that case. i think first, you know, we need to let the prosecution do their job against the defendant in this case while respecting the dignity and the welfare of victims like kristen evans. >> dana: thank you, kristen. i hope you continue to heal and thank you for being a voice for all of them. appreciate it, tom as well. we'll stay if touch with you. >> bill: trey gowdy has had a lot to say about the cash bail issue and we'll talk to him later in the program here. very important topic. i tell you, dana, very well done and very tough to watch that. >> dana: what's also very difficult we talk about police and there was a desire for some people that want to defund the police say we should send social workers into a situation like that. when police officers don't want to get in the middle of domestic situations but in that situation her life was in danger and possibly the life of the child. there is a lot more here and there is a lot more women that deal with this and deal with it quietly and to tom's point, under that law marcy's law you have a right to be heard before they set bail. >> bill: we ask our cops to do an awful lot already. is there a potential deal as the deadline approaches or is a shutdown possible? what about build back better and the reaction to the argument to scotus yesterday? talk to mitch mcconnell about all that and more coming up here and don't forget to stay on top of your forecast with the fox weather app. it is cool, it's free, download it now. back in a moment. ♪♪♪ hi, i'm steve and i live in austin, texas. i work as a personal assistant to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. >> dana: there is potential movement to avert a government shutdown, house democrats reached an agreement hoping to keep the government up and running. drama is far from over even if the full house passes the agreement it faces another major challenge in the senate. joining us now is senate minority leader mitch mcconnell. wonderful to have you. one of the issues that members of congress on house and senate say the number one call into their office over the past couple of months has been about vaccine mandates. they don't want them. they are urging you to try to figure out a way to strip out that funding for vaccine mandates or make them strip out vaccine mandates so the government can continue to run. here is the house freedom caucus letter do you. we write to request you use all tools at your disposal to deny timely passage of the continuing resolution unless it prohibits funding in all respects for the vaccine mandates and enforcement there of. this is all happening as we're on the clock to see if the government will continue to be funded. what do you think happens today? will the vaccine mandates stay in the bill? >> well, i think there is good news. multiple courts have pushed the pause button on these government vaccine mandates. there is a decent chance the courts will strike them down. secondly, next week we are going to have a vote on the vaccine mandate prohibiting that regulation from going into effect. i think it has a decent chance of passing the senate. i don't think shutting down the government over this issue is going to get an outcome. it would only create chaos and uncertainty. so i don't think that's the best vehicle to get this job done. i think the courts are likely to get it done or we'll pass early next week freestanding measure to overturn the government mandate. >> bill: to put a fine point you are saying you can avert a shutdown or not, sir? >> we're not going to shut the government down. it makes no sense for anyone. almost no one on either side thinks it's a good idea. >> bill: dana and i sat here yesterday during the supreme court arguments from the state of mississippi. if the u.s. supreme court would agree with mississippi what would be the effect in 49 other states? >> it depends on what they decide. there are a number of different positions they could ultimately conclude. if they agreed with mississippi, i assume they could decide that's the law everywhere. if they went even more boldly in the direction of revisiting roe v. wade it would turn that issue back to each individual state to make a decision on the issue of abortion. it is very hard to speculate based upon oral argument before a supreme court case just how this might come out. >> dana: there is a lot of coverage this morning. i think even liberals are saying wow, it looks like roe v. wade could be scrapped or significantly paired back. do you think the republican party is prepared from a messaging standpoint to withstand the anger from the left if that happens as you head into the 2022 mid-terms and try to take back the majority? >> this is a very divisive issue in our country. it's 50/50 in the country on this issue. if -- whether it becomes a big issue in the fall depends on what the supreme court does. i think speculating about how it might come out is not very useful at this point. >> bill: okay. we'll put that on the back burner for now. perhaps in six months we get a decision from the high court. the issue will be out there and people reading and talking about it until then. in the meantime the president says republicans have no plan. do you believe and dick durbin said that the two democratic senators on the fence at the moment need to get off the fence. here is dick durbin, watch. >> he has had weeks, if not months of deliberation leading up to this moment. you have made your mark and dramatically decreased the amount that's involved in this bill and now it is time for joe manchin and kyrsten sinema to close the deal for goodness sakes. enough is enough. we've negotiated long enough. >> bill: you disagree with the comment. what is the last conversation you had with those two senators and where are they now? >> i talk to them all the time. let me tell you what would be in the best interest of the country. the best interest of the country would be to tank this reckless tax and spending bill. the biggest issue in the country is inflation. the bill they passed earlier this year on a party line vote has dramatically increased the cost of everything at the gas pump, at the grocery store, for christmas. the single biggest gift this democratic congress could give to the american people this christmas is to kill this bill. i don't think it's fixable. so i'm hoping obviously the kirsten and joe in the end. this bill is full of incredibly bad stuff. it expands welfare to illegal aliens. it grants amnesty to 6.5 million illegal immigrants. it provides believe it or not tax relief to millionaires and billionaires in places like california and new jersey and new york. this ought not to pass at all. that would be the single best christmas gift for the american people. >> bill: you are pushing to prevent payments to illegals separated at the border. can you get one democrat to vote with you on that? >> well, we'll see. we'll see. we have had multiple votes. the border is in chaos and they are in denial. it is a huge issue. it needs to be solved for the american people. and regretfully this new administration basically put up a come on in sign at the beginning of the year and people south of the border figured it out. >> dana: senator mcconnell. thank you for joining us today. i know you have a busy day ahead of you. thank you so much. >> bill: eight minutes before the hour. new details emerging about the suspect in the michigan high school shooting and they are gruesome. why his parents were called to the school hours before the attack. the latest on that coming up at the top of the hour. >> we have since learned the school did have contact with the student the day before and the day of the shooting for behavior in the classroom that they felt was concerning. time hs 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. ♪♪ the only thing a disaster can't destroy is hope. ♪♪ donate now at redcross.org >> are you ready to start a great career? >> safelite is now hiring. >> you will love your job. >> there's room to grow... >> ...and 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racial barriers and opening doors for icons including bill withers who released many top sellers. he is dealing with his wife of 54 years. their daughter is married to the ceo of netflix. netflix said in a statement describes jacquelin as an amazing wife, mother and fill an tlopist. police in the preliminary stages of the investigation. no word on a motive or any potential suspects. >> bill: doesn't make sense. thank you on that from los angeles and we'll continue to follow it. close to home here, our colleague and friend harold ford. it was his aunt gunned down inside that home. >> dana: he appreciates thoughts and prayers and support from everybody at fox. now this. >> after children started running away from the defendant he continued down the hallway at a methodical pace pointing and aiming inside classrooms and students who hadn't had the opportunity to escape. >> dana: the terrifying scene inside oxford high school in michigan where the teenager accused of killing four students is charged as an adult with 24 crimes of murder, attempted murder and terrorism. welcome to a new hour of "america's newsroom." >> bill: good morning. he is 15. his name is ethan crumbley. denied bail. prosecutors offering no motive for the shooting but saying the teen talked about killing students in a video recorded the night before the shooting. steve harrigan is on the ground live near the high school in oxford, michigan. hello, steve. >> bill, some disturbing information coming out about this suspected shooter from law enforcement officials who say they found two videos on his cell phone that detail attempts he hoped to kill other students in his school. also a journal that laid out concrete plans about how to, quote, shoot up the school. some red flags, too, raised at the school on the day of the shooting. the shooter and his parents were called in to meet with school officials who were concerned about the 15-year-old's behavior. however, he was allowed to go back to class and it was just two hours after that meeting that he came out of the bathroom firing. judging by security camera footage, law enforcement officials say they think he was firing at random. point blank range using a handgun he shot 11 people, wounding seven and killing four. the gun he used purchased by his father just four days before the shooting. now the prosecutor says the shooter's parents may face charges. >> we know that owning a gun means securing it properly and locking it and taking the ammunition separate and not allowing access to other individuals, particularly minors. we know that. and we have to hold individuals accountable who don't do that. >> the 15-year-old high school sophomore has been moved from a juvenile detention center to the county jail where he is kept in isolation from adults. he faces four charges of first degree murder and the unusual charge of terrorism that causes death. around detroit at least 12 schools are shut down. funerals for the four slain high school students begin this weekend. bill, back to you. >> bill: so tragic. steve harrigan, thank you from michigan. >> dana: for more let's bring in fox news contributor sean duffy. he is a former prosecutor and want to get your take on the point she said charge him as an adult. only 15 but also consider charging the parents. >> i believe in michigan they don't have a law that requires a parent to lock up their gun, keep ammo away from their gun or keep their gun away from children. i have think that's a real challenge to prosecute the parents. they haven't done that throughout the country very often and i don't think it will happen in this case. >> bill: the prosecutor in michigan karen mcdonald. watch. >> we charged four counts of first degree murder which requires premeditation and i am absolutely sure after reviewing the evidence that it isn't even a close call. we are considering charges against both parents and we will be making a decision swiftly. >> bill: two things there about the parents a moment ago and this kid 15 years old. you look at this mug shot you can see the devil in his eyes. there is a quote that says this was not an impulsive act. so they clearly feel that they've got evidence from the night before or prior to that. >> it appears there was a video the night before saying he wanted to come into the school and shoot and kill fellow classmates. there is a journal that was found that would indicate the same thing. bill, the real question is what is going on in america? we have had more school shootings this year than any year in our past. there san epidemic of loneliness and anger with our kids. and i don't think we're getting to the root cause of what is happening and rumors this young man was bullied. when you and i were in school when we were bullied or if you were bullied you went home and got a break from being bullied. today with social media these kids are bullied going to bed, wake up. it never stops. again i think we have to look at what is happening across the country with the youth in america of the sadness, loneliness, is there a spiritual deficit that i think are adding to the anger these kids have when they pick up arms and shoot their fellow classmates. it is so tragic. >> dana: and then in wisconsin your home state we're still dealing with the fact that darrell brooks, who plowed his s.u.v. into that christmas parade, he says that he is being dehumanized as he is being held in jail. tom cotton the senator from arkansas wrote a letter to the attorney general saying this. you seem to have no hesitation to prioritize free speech from concerned parents neither you or the department of justice appear to have issued a public statement about the mass murder in waukesha. you have also issued no statements about the lenient bail policies that allowed this to take place. that is a letter to the attorney general. >> he talked about the civil rights division of the a.g.'s office. what are you doing in this case? darrell brooks was a blm activist, anti-trump, anti-white. are they looking at darrell brooks and all racial crimes in the country or just those who appear to be white racial crimes? it should go across the board. we just talked about the shooting in michigan. what's interesting is darrell brooks actually used a firearm. shot at his nephew and was released on a $1,000 cash bail. this was a liberal prosecutor. if you are a prosecutor that says i will take gun crimes seriously you don't release a guy that shoots at a relative in a car and release him on $1,000 cash bail. you hold them in custody because they are dangerous. >> bill: it's easy bail. they had the record if front of them. >> he is the poster boy for the democratic policies on crimes. look at all the democratic cities. this guy has been released, convictioned, released, con viktd. arrested, released. he is the worst of the worst regarding criminals who have exploited the system. our system will fail only because he is allowed to fail. >> bill: to understand progressive prosecutors in places like waukesha and milwaukee are pushing their own policies to allow bail to be less and less. and potentially the impact of that is that christmas parade in wisconsin as a result. >> 100%. then what they do is say listen. we want more restrictive laws in regards to guns. maybe you should just enforce the current laws we have and hold bad people with 50 page rap sheets accountable and keep them in jail to keep your communities safe. they ask for more laws again use the laws you have on the books and prosecute people to the fullest extent of the law as good prosecutors should do. >> dana: maybe the last question. you brought up your concern about the overall bigger picture in america and what's happening especially for our youth and we're in this period of christmas and advent and hanukkah as well where people take stock and reflect. any words from you on that as you try to parent all those little lovely ones in your home? >> you know, i look at this time as troubling. wave pandemic, new variant, supply chain issues. a lot of concerns people have in the country. as we come into the advent season and christmas and people celebrate hanukkah we rally around our family and get strength and courage from the family that we have around us, the people that love us and i think that's what matters in our lives and if we go back to families and faith i think this country is strong and has a bright future. you can't focus on all these negative, horrific things happening and the policy decisions that are taking the country in the wrong direction. it will cloud the happy season of christmas. >> bill: well stated. to put a fine point on it check out the new book about christmas. recollections from you and your wife and a lot of us at the fox news channel reflecting on an earlier time. check out the book. >> great chapters from you both. thank you for participating. >> bill: thank you. fox news alert now jussie smollett's team set to examine the prosecution's star witness. he arrived in court moments ago comes a day after that man testified he and his older brother were hired by smollett to pretend to beat him in a maga-inspired attack. 20 below, 2:00 a.m., january chicago. matt finn is in chicago back on that case today. hello, matt. >> the star witness in the case is one of the brothers who say jussie smollett paid them $3500 to pretend to be donald trump supporters and beat him in a fake attack. he was on the stand testifying against smollett for the majority of the day yesterday. extensive new details about jussie's alleged plot. he says he was friends with jussie before the attack and felt indeeded to smollett. he got him a stand in role on the set of the tv show. in 2019 jussie asked him to meet in person in his mercedes where he revealed his plan. the man testified this text message from smollett was that invitation. quote, might need your help on the low. you around to meet up and talk face-to-face? he says smollett was upset that a hate letter with a maga address on it didn't get enough attention that smollett allegedly sent himself. he asked the brothers to pretend to beat him driving the brothers to the precise stairwell and instructing him to yell the f word and homophobic slur and put a noose around his neck and say it is maga country. a surveillance camera above the stairwell to capture the incident so it could be used in the media. the brothers carried out the fake attack. the surveillance pod camera didn't capture the incident. police testified in the beginning of this case when treating smollett as a victim smollett was upset when they told him the surveillance camera didn't capture the incident. the witness is now going to be cross-examined by the smollett's attorney today. his attorney said this they are sophisticated criminals, liars and arguing that jussie smollett was already famous on not hurting for money and not seeking attention. we'll keep you updated today bill and dana. >> bill: i think that's enough for now. >> dana: you almost can't believe it's real. >> bill: such trash, right? >> dana: unbelievable. >> bill: i didn't come up with that. wait until they see it. they will buy it hook, line and sinker. "new york post" says what's the "new york post" say. >> dana: the hate pretender. there he is. >> bill: i tell you, you grew up in wyoming and colorado, right? when it's 20 below you don't go outside, do you? >> dana: not in the middle of the night for a subway sandwich. maybe take the dog out or if the cow is out. i would take the dog out, you bet i would. supreme court weighing mississippi's abortion law with a decision that could reshape abortion rights right here in america, plus this. >> like to focus on the 15-week ban because that's not a dramatic departure from viability. when you get to the viability standard, we share that standard with the people's republic of china and north korea. >> dana: you heard it. tough questions about viability and constitutional rights. what will the court's conservative majority do? trey gowdy coming up. >> bill: chris cuomo addressing his suspension from cnn. will the suspension be permanent? >> dana: more turnover for the vice president. set to lose another aide. reince priebus is here to weigh in. ♪♪ 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. 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. ♪ ♪ learning is hard work. hard work requires character. learning begins in faith. it must move upwards toward the highest thing, unseen at the beginning - god. and freedom is essential to learning. its principles must be studied and defended. learning, character, faith, and freedom: these are the inseparable purposes of hillsdale college. where's mom? she said she would be home in time for the show. leardon't worry sweetie, she fpromised she'd be here for it. oh! nice shot! thanks! glad we have xfinity. with wifi speeds faster than a gig. me too. 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[screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. >> bill: 20 past the hour now. another key departure hitting kamala harris. symone sanders one of her most trusted advisors is calling it quits after less than a year in the job. former trump chief of staff reince priebus. what is happening over there, the second big time departure in the last couple of weeks. >> it is one thing to have a little white house drama that happens in every administration but it is another thing when you are completely ineffective. what is happening here is all the drama, all the problems in public policy. you talked about crime, the border, inflation, supply chains, gas prices, now covid has got a new variant, the president said he was going to get it under control. he has not. and then you have a vp that is unpopular. the bigger issue is this. these two people, the president and the vice president are completely unusable on the campaign trail. we talked about this a couple months ago before the virginia race. the problem is it's one thing to be at 38% approval or in harris's case 28% approval. the problem is what obama and trump didn't have was that they were not completely unpopular within the party. trump had always 95% approval. people would run through a wall for trump. the same was true for barack obama. even though the numbers went up and down, the core support was very strong. last thing is this look, when there is draum yeah in the white house and in this case a meltdown. the first people then are going to have a hard time because take it from me, i know what it's like. the first people in and dana understands this, too. the first thing you do you tell people things are working in the white house, well, only about 20 people work in the west wing. you will be across the street with 2,000 other people in the white house. the second thing you tell people is well, you are not going to be assistant to the president, you are going to be a special assistant to the president which for the viewers is a couple rungs down. oh and by the way, you are not allowed in the oval office. you have to talk to this person you have never met before you walk in. plus you have an implosion, everyone is shooting everybody. and in this case unlike the past administrations they aren't delivering any policies to their base. so communicators are the first ones out, dana knows that. if you are on the com staff an your number is in the tank they aren't doing a good job or telling the story. not to mention kamala harris is giving bizarre interviews all over the place. >> bill: republicans say she has been hiding. i haven't seen an interview with symone in sometime. i don't know if you have for some time. >> i never see her. >> bill: symone is a valued member of the campaign and transition team and senior advisor and chief spokesperson to the vice president. there is another topic to get to. i don't know what the fate is for chris cuomo. i don't know what cnn decides. he was on his radio program yesterday and talked about it briefly, his suspension. >> it hurts to even say it. it's embarrassing. i have apologized in the past. i mean it. i'm not going to talk about this anymore. >> bill: he said that he wasn't being totally up front with his bosses and what kind of contact or help did he give to his brother when he was governor. gail collins editorial "new york times" today. chris cuomo has a funny idea about what doing his job means. how much have you thought about this? does he have a future there? >> well, given jeff tubin's future there is always an opportunity for people to come back. but like jeff, cuomo has his hands full. look, what cuomo said was that it was a mistake to advise his brother. but he didn't just advise his brother. he was actually actively using his colleagues and his friends to help shape and manage the crisis. that's the problem. it's the problem with all these guys. when they act holier than thou and base their show on this -- it's not even believable. the all-star wrestling of ethics and decency, what they portray themselves as. his entire five-minute lead into the don lemon show was a discussion about decency and integrity and then he lied to his employer and lied to his viewers. that's the problem. the media is so hypocritical on that side of the aisle because they love destroying people over any discretion whatsoever. i've never been a person that loves to pounce on people when they make a mistake. i don't do it. i don't like it. we all do things in life whether it's one bad thing or maybe a lesser bad thing but we all have issues. i don't like destroying people but i don't like it when the media is hypocritical and they put these people up as statues of ethics and they destroy other people for doing the same things and then when it comes to their own people, they put them back on the air. that's the problem and that's what people are sick and tired of. >> bill: we'll see what decision they make in the end. nice to see you, reince priebus with us today. >> dana: we wait for the supreme court to weigh in on the mississippi abortion law. could it affect roe v. wade and what could it mean for next year's mid-term. trey gowdy joins us next. border patrol saying they are seeing a surge in migrants even during the day. a look at the border as only fox can bring you up next. veteran homeowners- have you been spending more time at home? 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[energetic music throughout] what's strong with me? i'm ready for anything. move, look, and feel better. find out what's strong with you with fitbit charge 5 and daily readiness. >> dana: the relentless surge at the southern border continues. exclusive drone team footage showing late night pursuits of migrants at the border as the texas department of public safety reports a sharp rise in daytime border activity. senior correspondent casey stiegel is live in la joya, texas. what's going on now? >> it's almost a tale of two different worlds here. during the daylight hours they see the unaccompanied minors and the family units that are mostly surrendering themselves voluntarily. boy in the cover of darkness it is when the game changes. officials here working out on the ground tell us that they are seeing a spike in what they call runners. migrants who try to evade apprehension. fox news cameras capturing some of the action in the rio grande valley of south texas. the flurry of activity, by the way, 24 hours a day, seven days a week along the southern border and with news that later today president biden is expected to announce he is reinstating former president trump's remain in mexico policy, a program he has tried to dismantle. this week i asked texas governor greg abbott if there was actually political will in d.c. to fix this. here is his response. >> candidly the truth is joe biden doesn't want to fix the problems on the border. the problems on the border is exactly what joe biden wanted to achieve. remember, he ran on open border policies. now america is seeing the disaster of his policy. >> all week long we've been talking with our sources on the ground and agents and state troopers have told us they aren't sure if the reinstatement of the remain in mexico policy will help all that much at this point because the word is already out. clearly the caravans have deployed and they say that putting the genie back in the bottle can be quite difficult. >> dana: casey stiegel for us at the border. amazing. thanks. >> the constitution places its trust in the people. on hard issue after hard issue the people make this country work. abortion is a hard issue. >> eliminating or reducing the right to abortion will propel women backwards. two generations have now relied on this right and one out of every four women makes the decision to end a pregnancy. >> bill: historic arguments listening there on abortion before the court yesterday. now it's up to nine justices to reach a decision that could dramatically alter abortion rights in the u.s. they will meet in private at the end of this week and take an initial vote but months before they issue a decision. trey gowdy host of sunday night in america is with us now. thank you for your time today. we've asked a lot of people to weigh in on this and i want to give you the opportunity based on what you heard of the audio portion of yesterday. what do you think? >> bill, i think this issue has vexed us for the three of our lifetime's. since shortly after we were born this issue has dominated and divided the country. i don't think an oral argument that lasts 90 minutes will resolve it. is issue is this. i want to you manage a con you um from conception to birth and two competing constitutional issues. the liberty of the woman and the life interest of the child. and they are both traveling down this continuum and they bisect. the issue then becomes who reconciles those competing interests? is it done by nine people wearing black robes or done by 90 million people at the ballot box? clearly you can't ban all abortions and clearly you can't engage in infanticide. those are the two bookends. how you balance those interests in the interim, some people think it's a judicial issue and some people think it's a political issue and that's what i heard yesterday, that division. >> dana: sonia sotomayor had quite a take yesterday. listen to what she said what might happen. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> dana: she went on to say there is concern about the american people not trusting in our institutions, but when she said that i immediately thought there are a lot of people who think the original stench if you want to call it that started when this decision was decided in the way that it was, which was more of a political rather than a legal decision in the constitution. >> my initial reaction to that was you know, when the people's house this week we had members calling one another jihadists and crazy and traitors. there has been a lack of decorum throughout government recently. harry blackman played the role of a neonateologist and how we got roe v. wade. a lawyer decided to play god/doctor. so there will always be political considerations. some people think that same-sex marriage was on a track toward being adopted by states but the supreme court kind of injected its own view of marriage, even though states were trending in that direction. no more of a stench that the supreme court has stepped into. reading an age limit into the eighth amendment. they've been doing things that conservatives thought were political for a long time. >> bill: trey, we tried to figure out what mitch mcconnell thought about this last hour. didn't get very far on that topic because there is a political side to this and a legal side to this. the politics would be if you are going to drop a decision at the end of june it comes four months before a mid-term and we'll see a, what the decision is, and b, how it could affect the politics of the u.s. congress in the house and senate in november. but let's just say that chief justice roberts is able to be successful with what seemed to be his argument yesterday. you rule that mississippi can declare 15 weeks viability. but roe v. wade by and large stays intact. texas is at six weeks. ohio has a heartbeat bill, which would be the point of conception. what happens in the other 49 states? what legal challenges would they bring? would the court have to revisit this again or would it be settled? just under that scenario what would be the result in america? >> you know, it depends on where they set the bookends. remember, we used to have this debate over partial birth abortion which is just unconscionable but there are people on the left that essentially think that you should be able to engage in infanticide. most americans don't like that. i think most americans also would say you can't put an absolute ban on abortions. hopefully since we live in a participatory democracy people would not resist the notion that we get to balance those competing interests between the liberty of the woman and the life of the child. who says it should be nine people that none of us know that have never run for office that just did well-in-law school? is that the argument these nine people should unlock all the mysteries of the constitution or can the people do it? and if we can't make the argument that we should trust ourselves to weigh and balance competing interests then we have broader problems than just what happens in november. >> dana: we might have that. interesting to go through it with you. >> bill: you are making the case then go ahead and let 50 states decide. >> they are bookends. you can't fall below this and you can't rise above that. within those bookends this is what your right is. your right is this, you can't ban all abortions or engage in infanticide. in the area between yes, we have 50 laboratories and those laboratories can decide how they weigh and balance these competing interests. think of that continuum, bill. you have conception to birth. you have the life interest of the child, the liberty interest of the woman. and how different states balance it. different states have different positions on the death penalty. that's also a liberty and life issue. so why not this? >> dana: a great point. >> bill: thank you, trey. thanks for coming on. see you soon. trey gowdy with us. thanks. >> dana: disturbing news about a new opioid drug several times stronger than fentanyl. now in at least one major u.s. city. we'll talk to somebody who has seen firsthand the damage opioids can have on a family and what kind of physical, financial and emotional impact living with an addict can take next. 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. i may have moderate to severe rheumatoid arthritis. save up to $500 on select or psoriatic arthritis. but we are so much more. we're team players and artists. designers and do-it-yourselfers. parents and friends. if joint pain is getting in the way of who you are, it's time to talk to your doctor about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel. eligible patients may pay as little as $5 per month. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ >> dana: forensic analysts in washington, d.c. have identified a new synthetic opioids. it is said to be at least several times more powerful than fentanyl and the drug could be partially resistant to narcan used by first responders to save overdose victims. my next guest has seen the impact of the opioid crisis firsthand. lost her brother to an overdose in 2017. britney adams kelly joins us now. you are one of many who has gone through this and you are willing to come on and talk about your experience. tell me a little bit about your brother, mark. >> my brother, matt. >> dana: excuse me, matt. >> he was a really great person, genuine just a person who would give you the shirt off his back even if you were a complete stranger. just a real good personality. >> dana: and a good brother to you. >> absolutely. >> dana: so then what happened as he went on in his life that took a bad turn? >> we both experienced a lot of hardships growing up. just personal -- very personal experiences. and i dealt with my trauma in different ways and eventually he found his comfort in opioids. it was after high school that his addiction started and he just couldn't really find a way out. he did attempt recovery, went to rehab for six months. was able to get sober and he actually stayed sober for five years. he moved out of arkansas to get away from his normal group of people and he did really great. he found recovery and his last five years were really good for him. >> dana: i love my sister and that love that you have for your sibling is such a special and deep one. how have you dealt with whatever it is that you feel in terms of the loss of his life and how that affects you now as you try to -- you've dealt with what you went through in a different way. >> right. so we started a nonprofit foundation that we run in northwest arkansas that we have put all of our grief into. we have been able to save over 120 people with our program that we started running and it is amazing the amount of healing it has been able to provide us. >> dana: have you come across any advice that you could pass along to somebody who is maybe watching, one of their loved ones go through this right now and they probably worry every day that an overdose could happen. is there anything that can be done within the family to try to help somebody get past that? >> there is no one way to make this go away. me as a teenager, i went to alnon meetings. i couldn't make him go and stay sober and do what i wanted him to do. recovery doesn't work if they're not ready. so that was one thing that i focused on and i would go to counseling occasionally and i had a really good support group within my church and my family friends and stuff that i was able to lean on and try to get me through those times that were tougher for him. >> dana: you are quite remarkable. he had a lovely smile as do you. we thank you for being with us today as we try to get through this all together as a country. thank you. >> thank you. >> bill: courageous of her to share that story. a lot of people could hear it. >> dana: sometimes you suffer in silence because you don't know how to ask for help. check out her nonprofit. we'll put it up on our page as well. >> bill: and there is this, roll it. >> put your hands over your head. comply with the orders. >> bill: this is not a job for the faint of heart. u.s. marshals putting it all on the line to keep your community safe. we'll take a ride along to see how they are doing straight ahead. music: ♪ “i got you babe” by etta james ♪ get groceries, gifts, & more fast and easy so last minute guests are the only thing you'll be waiting on ♪ ♪ joy. fully. going to tell you about exciting medicare advantage plans that can provide broad coverage, and still may save you money on monthly premiums and prescription drugs. with original medicare, you're covered for hospital stays and doctor office visits. but you have to meet a deductible for each, and then you're still responsible for 20% of the cost. next, let's look at a medicare supplement plan. as you can see, they cover the same things as original medicare, and they also cover your medicare deductibles and co-insurance. but, they often have higher monthly premiums and no prescription drug coverage. now, let's take a look at humana's medicare advantage plans. with a humana medicare advantage plan, hospital stays, doctor office visits and your original medicare deductibles are covered. and of course, most humana medicare advantage plans include prescription drug coverage. in fact, in 2020 humana medicare advantage prescription drug plan members saved an estimated $8,400 on average on their prescription costs. most humana medicare advantage plans include a silversneakers fitness program at no extra cost. dental, vision and hearing coverage is included with most humana medicare advantage plans and, you get telehealth coverage with a $0 copay. you get all this for as low as a $0 monthly plan premium in many areas. and your doctor and hospital may already be a part of humana's large network. if you want the facts, call right now for the free decision guide from humana. there is no obligation, so call the number on your screen right now to see if your doctor is in our network, to find out if you can save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. ♪ 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! veteran homeowners- you made a smart move ask your doctor about xiidra. 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. >> harris: we knew it might be coming. president biden set to announce a new round of restrictions. how is that going to work with judges knocking down his mandates on covid left and right? and kamala harris's team is headed for the door over and over we're hearing about this now. a big name has said she is leaving. her boss is repeating a debunked story that he used to drive a big rig? so many tales told so many times. representative brian mast, tammy bruce tapped him. "the faulkner focus" top of the hour. >> dana: women professional tennis tour suspending all tournaments in hong kong and china. a top player accused a communist government official of sexual assault and all of her social media postings were scrubbed. tennis officials have been unable to talk to her directly as beijing will host the winter olympics in february. >> bill: good for him. he runs that organization and invited any time to come speak with us. standing up for his principles. that's right. this, too. watch in cleveland, ohio. >> america look at desperate people commit desperate acts with transit consequences. >> bill: the job of the u.s. marshal is expansive from fugitive hunting to cold cases and active murder investigations. fox news went on a pre-dawn ride along in ohio to see what it's about. what did you see? >> up and out in the field with tactical gear and warrants in hand has proven to be a successful formula for u.s. marshals looking for violent fugitives. the job is more dangerous and complex than in the movies as we found out firsthand. >> go to the front door. put your hands over your head. comply with the officer's orders. do not resist. >> that was all before the sun came up. a pre-dawn ride along with the task force started with a briefing in an empty parking lot to go over the fudge tifshs they were after. the first warrant a success and so was the next one. u.s. marshal service was the first federal law enforcement agency in the united states dating back in 1789 and while all 94 federal districts have different challenges, they all have the same objective. supervise re ann murphy along with u.s. marshal pete elliott said the job puts their team in situations with unpredictable consequences but they never give up. >> we arrest hundreds of homicide suspects here. we have open homicide suspects from years ago that we don't let go of. the marshal service we don't let go of cases. >> i don't care who you are you always leave behind the clue. and maybe the smallest little clue out there but that's what we do. >> u.s. marshal deputies remind the public many of their cases are often just a tip away. fugitives can change their identity and look and behavioral patterns and daily are you teens could be the include to flip a cold case and end in arrest. >> bill: always leave a clue. thanks for that. >> dana: i love the u.s. marshals. their history, they are unbelievable. before we go there was an arrest in north carolina you need to know about. nash county, north carolina comes to us via a good friend. the police department there has arrested the grin much and he is now safely behind bars and said it in their press release. grinch was wanted for being a bad dude. the post described him as furry, pot bellied, pare shaped and snub nosed. if you see him don't approach him. they decided to take matters into their own hands. he was arrested and is safely behind bars. >> bill: they got their guy, didn't they, dana? >> dana: are you a grinch? you are the opposite. my sister loves the grinch show. peter and i came from england to denver and i had to do something. my sister four years younger than me. she was 21. wanted to watch the grinch with him and he was trying to pretend interest. >> we have to roll. be in california tomorrow at the reagan library, great, smart minds. >> dana: so many issues. >> bill: we'll be doing it 50/50 tomorrow. >> dana: "the faulkner focus" is up next. here is harris. >> harris: breaking news, the white house press briefing with jen psaki is expected to begin at any moment. among the crisis questions daily a new one. what is going on with the mass exodus inside the vice president's office? i'm harris "the faulkner focus" and you are in "the faulkner focus". fox news confirmed symone sanders, kamala harris chief spokesperson will leave the biden administration at the end of the year. the news comes just after we had learned the v.p.'s communications director is

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