setting the stage to at least radically alter roe's precedent and at best yes to overturn roe v. wade. the landmark decision that has led to the abortion of at least 62 million innocent american babies since 1973. auto generational genocide of america's unborn. now, worshiped by the left as a savior for women for far too long, roe v. wade seems untouchable. just 10 years ago, with obama in the white house and a supreme court stacked with pro-choice justices, this day is felt very far off. until now. because of the endless effort of pro-life groups, activists, educators, mothers. because of major technological advancements, that proved that even at the earliest stages of life, as king david wrote in psalm 193, for you created my inmost being. you knit me together in my mother's womb. i praise you because i'm fearfully and wumplefully made. your works are wonderful, i know that full well. your eyes saw my unformed body. unformed body. knit together by god. not the decision of planned parenthood. and as a culmination because of donald trump appointed three strong conservative court justices, it's all there. it had to happen to make this moment possible. and sometimes it's worth taking stock and being grateful. the courage of so many generations before us for so long that made this special moment possible, a moment for life. and despite what the captured corporate media tells you, most americans are actually against what roe v. wade protects. even if they don't necessarily realize it 65% of americans, according to a gallup poll in 2018, say abortion in the second trimester should be illegal. even though roe v. wade allows it. it's actually just a small radical feminists who really support unfettered abortion. and now today, this week, they are in full blown panic mode. they are terrified that the states that we the people, not nine people in black robes, will soon get a say in determining the all-important question of life which really should be only answered by god. and enemy states, but unfortunately not all, the genocide of generations could of the unborn come to the end. so in their desperation, the far left is trying to discredit members of the conservative supreme court for simply being men. >> do any of you men have any eggs or the possibility of carrying a fetus? how dare you talk about what a fetus wants? you have no idea. >> when it comes to this decision, this issue, men don't play a factor. men aren't being held responsible for having sex. >> there is no man mentioned. >> the two men, clarence thomas and brett kavanaugh, who were credibly accused of violating the sanctity of women, you know, both of them got away with it, of course and got on the court. but having them stand up and soberly argue whether or not women are owned by the state, it made me feel some dined of way. >> pete: when it comes to the science, far left justice sonia sotomayor the self-described wise latina she doesn't want to hear it. disgustingly comparing babies in the womb dead people. >> 40% of dead people who if you touch their feet, the foot will recoil. there are spontaneous acts by dead brain people. so, i don't think that a response to -- by a fetus necessarily proves that there a sensation of pain or that there is consciousness. >> pete: you know, touching the feet of dead people, that's the same as a fetus. that's science to the wise latina. meanwhile their leader, the real speaker of the house comrade cortez topped all of this idiocy with a statement of her own saying on twitter, quote: reminded that brett kavanaugh still remains credibly remains accused of sexual assault collaborated details this year the fbi admitted it never fully investigated yet the court is letting him to decide whether to, get this legalized force birth in the u.s. no recusal. yeah, she just referred to not aborting a baby childbirth as legalized forced birth. that is who they are. they are extremists. and hopefully soon they will lose here to respond is ben shapiro daily wire co-founder and host of the ben shapiro show upcoming feature film shut in and author of the authoritarian moment. ben, thanks so much for being here. i know where your heart is on this issue. just to step back for a moment and realize where we are, it really is a sobering moment. >> it is. it could be an amazing moment. i hope that there are five justices who are willing to go out there and simply overturn roe which is egregiously argued legally bad legal decision. even people pro-choice and legally acknowledge roe v. wade nasa no in the constitution or anything legally based in the united states and in our history and in our law. but, you know, i do wonder whether the justice roberts wing of the court is going to snatch certain level jaws of victory here. three justices pretty willing overoverrule roe v. wade and return it back to the states. three justices for whom this is a question. justice kavanaugh and amy coney barrett and justice garrett upholding the mississippi abortion law. the overruling of the planned parenthood of february sort of pairing back of when abortion is manned torely legal on a federal level from 21 weeks to 15 weeks or 14 weeks but not a complete overruling of roe. half loaf here or whole loaf. >> pete: new to guess, is it a courage question? is it auto constitutional question? is it a precedent question? what would hold back justices who many believe probably in their heart of hearts are pro-life? >> it's certainly not a constitutional question. roe v. wade is one of the most egregious constitutional decisions in american history no. rationale roe v. wade has anything to do with the constitution or emanations or nonsense or planned parenthood vs. casey and ridiculous suggestion that the constitution guarantees everybody the right to define the universe or life in their own way extends to killing the unborn in the womb. there is no legal basis for any of that the real question is going to be whether there is an incrementalist wing of the court believes the undermined if they simply overrule roe v. wade. that seems to be the opinion of justice roberts when it comes to coney barrett and kavanaugh. my guess the likely outcome is split decision very much like planned parenthood vs. casey where you have a jurorrive opinion slightly narrower than pro-lifers want and concurrences that are much broader and then have dissenting wing which would be the breyer, kagan sotomayor wing of the court. we have now wrecked american law. >> pete: still send it at some level in varying agrees to different states to modify laws that have been restricted previously by roe, which still, is if not everything a good thing. get response to the left. i feel like the base of the far left of the democratic party has been rooted in roe v. wade ever since it was decided. it has been in many ways the passion of the left. why is that? and how would they react? how will they? we saw a glimpse of it today and it hasn't even happened yet. play it forward. >> they will lose their minds. the way that the left has moved from safe legal, and rare which bass the logan they were using when i was a kid shout your abortion which is the slogan they use now is pretty astonishing. and the notion that american freedom and particularly freedom of women is tied up in the ability to kill a baby in the womb has now become sort of a rote line inside the democratic party there is a belief system inside the democratic party and for the left more broadly that all outcomes must be equally among all human beings that means if you have to kill babies in the womb in order to achieve equal outcomes for women giving them the opportunity to get rid in a career getting rid of a baby they want this is necessary to human freedom. that of course is vile and degraded that is at the root of how the left thinks about these issues. >> pete: man, when man plays god, ultimately that's what you get from humanism. ben shapiro we knew you were the right guy to talk about this tonight. thank you for taking time with us here on "primetime." we appreciate it. >> really appreciate it. thanks so much. >> pete: also here tonight kayleigh mcenany, co-host of outnumbered, and author of "for such a time as this." kayleigh, great to have you. i mentioned it. without those three nominations from your boss, donald trump, we're not in this position, which was almost unforeseen. as i mentioned a decade ago. give our viewers some perspective because sometimes it's easy to watch oral arguments. but this a monumental moment. >> it's a monumental moment. when roe v. wade happened, when the court decided that case, you had none over than ruth bader ginsburg who criticized the case look why isn't the political process i'm paraphrasing her. why not the states decide this was an overreach. hear scott stuart arguing for the mississippi law. essentially echoing ruth bader ginsburg argued how wrongly decided this case was, it was really interesting to see. what this all boils down, to pete, we have had 62 million children that have perished in this country who are not with us today because of roe v. wade. and one of the most gross disgusting moments i saw from the white house podium was when the press secretary was asked is a baby at 15 weeks a baby? i saw my daughter at 10 weeks. watched her heart beat and saw her on ultrasound. baby blake was in fact a baby at 10 weeks. 15 weeks heart beat fully formed arms and legs moving rapidly ability to detect life beneath closed eyes, this is a baby who has life, liberty and interest as well. the fact that the white house can't acknowledge a baby is a baby, it was a sad moment, i think, for our country. >> pete: it is a sad moment. as ben pointed out they went from safe, legal and rare to shout your abortion to what comrade cortez said today legalized forced birth. it stopped being about the rights of women in a particular moment and became an obsession. it really did. and that's, i feel like what you hear today, why is that? >> yeah, i mean i think it's at this point so engrained in political partisanship and appeasing the far left that we have lost any and all sense of humanity. i mean, it sounded nice yesterday, to have a nice academic civil argument, but embedded within that and it was indeed a civil argument, but embedded in that is what you started with, pete. >> great point. >> justice sotomayor comparing a baby to a dead person. saying there is no scientific evidence that that baby feels pain. no justice sotomayor. what have you here is a journal of medical ethics, to two different scientists one who supports abortion morally and one who is not. they are able to conclude that current neuroscientific evidence supports the feels pain before the consensus cut off 24 weeks. perhaps at 12 weeks. we need have a discussion about this and comparing the baby to a dead person not the way you do it. >> pete: you are exactly right. when you boil down the debate, the biden administration ultimately had to say it is based on a right founded in the constitution and anyone looks at the ruling and looks at the constitution knows it's not there. kellyanne, thank you so much for your time. we appreciate it. >> thank you, pete. >> pete: all right, coming up. rule number one in the democrat handbook, never let a good crisis go to waste. even if it's a fake one. you know that mark levin, the great one, will break down the nefarious motive behind the left omicron hysteria. that's next. ♪ small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. >> pete: well, if you have been following the left wing media you may already know, you probably heard but how all of the new omicron variant is. except it isn't. we're learning that the symptoms of the new variant are mild, even the south africa can scientist who discovered it is telling everyone to relax why all the hysteria. white house physician and ronny jackson was on our program last night. >> they are spinning this thing up like investigation, wheaz the shoat investigation here. they are looking at the poll numbers that have been plummeting like crazy the last few months and getting desperate. unsolicited mail-in balloting worked so well in the last election they need to come up with a reason to do this again. they need to keep the fear lone wolf at a certain point so they can justify this they have beaten people into submission over the last year and a half and they need to maintain that. >> pete: if you even suggest the democrats written influenced by anything but the science. you are conspiracy theorist. make no mistake about it they never let a crisis, manufactured or otherwise, go waste. want proof? take a look at clinton hatchet man marc elias' twitter page right now. take a look. he is already hard at work congratulating himself and changing more rules for the upcoming 2022 election. he says it right there. he brags about it openly every day. mark levin the great one host of life, liberty and levin joins us now. also the author of the multiple times over best selling book american marxism. mark mark, thanks for being here. you are the guy a lot of us look too to put the parts together and connect the dots. you are seeing this new variant they are telling us to brace for it we may be seeing a rerun of something. are we off on that? >> no. as a matter of fact, i would ask this: why isn't the federal medical bureaucratic casey focused on curing cancer and as heimer's disease. and heart disease. heart attacks, and diabetes and these diseases that kill millions and millions of americans every single year? you know, fauci had a press conference as you know yesterday, because they found one case, a guy in california, one case, and it is, quote, extremely mild, according to the south africa can expert on this. and by the way, she is not only their top doctor but she actually practices medicine, unlike fauci who hasn't practiced it in half a century. this is really getting outrageous. one other thing on this, pete. the only thing this administration does in response to this virus or this so-called variant is the iron first. if they come up with a new vaccine or therapeutic all of these were come up in the trump administration. trump believed in science. he pursued science. he fought the red tape of the bureaucracy, the red tape of the bureaucracy led by people like anthony fauci. anthony fauci gives a press conference about masks, about getting in fetal positions under the desk again. about thanksgiving, about christmas. i don't need anthony fauci giving us commentary on human society. what is it exactly that anthony fauci brings to the table when it comes to his supposed expertise? exactly nothing. >> pete: getting it wrong. >> absolutely nothing. if you heard that press conference yesterday. it was all about police state tactics. it was all slush. he didn't give us any information that we didn't already know thanks to this south africa can doctor. here's the answer on the variant so far. don't give it a second thought. south africa cans aren't. they believe in life, too. >> pete: are you concerned though that while we may not give it a second thought the democrats are happy to use it as a second attempt to say we need universal mail-in voting. we can't check ids. people can't come to the polls safely. that's what happened when legislatures were usurped through emergency powers and state across the country n 2020. what do you think they might be willing to do in '22. >> of course, you are 100 percent right. the democratic party is pushed by marxist ideology. i will continue to say it no matter what. it's not a socialist ideology. they believe in that too. it's worse than that everything they propose is about centralized government and centralized power. we are talking today about the potential government shut down for a day or two. you think the sky is falling, right? most of us are social security medicaid checks go out. military continues to be paid about. 17% of the government, i was once told by a former speaker of the house, whose name paul ryan shall be nameless, that said, you shut down our economy for a year, and that's righteous. that's righteous. that's okay. because we need -- you know, we need to protect the people. you shut down the damn government for 14 minutes and you would think the could i is falling. that's what it is all about. that tells you everything you need to know. and, yes, they're poised with all kinds of police state tactics, they are firing people. people are losing their pensions, they are losing their medical care medicare. they want to destroy the voting system. that's what hr 1 is all about. the centralization of the voting system. take all the barriers off of voting and so forth and so on. so, whether it is this virus or some other phoney crisis or something else, the fact of the matter is, they are going to use it when it comes to the vaccine, fauci didn't develop that the democrats opposed it. it was developed under trump and with the private sector. >> pete: of course, they will never say that mark, i have to get your take on one other topic. the cia just admitted what we knew all along, the intelligence community is full of partisan hacks who hate donald trump and wanted him hit piece. by the cia internal eresearch serenity. one former agent trump was like nixon insecure about the intelligence process. unlike nixon in the way reacted. rather than shut down the intelligence community, shut them out, trump engaged with it but attacked it publicly. so i guess trump should have just accepted the phoney dossier as fact and let the media continue to spread lies about him. trump knew the intelligence community was out to get him. so were you. you called it back in 2017 on "fox & friends weekend" with myanmar of 2017 before anyone else. here's what you said then. >> here this morning to lay out what you know what you know about it and the evidence you have for the potential overreach of the obama administration. >> well, measure to be here. the evidence is overwhelming, this is not about president trump's tweeting. this is about the obama administration's spying. question whether they spied. we know went to the fisa court twice. the question is who did they spy on, the extent of the spying. that is the trump campaign, the trump transition, trump surrogates. >> pete: mark, i wish we could have played the whole thing. i tried cut you off point 6 and you said i'm not done i'm going to 10. you are right. you had all the public available open sourced evidence of what they were doing. yet, the cia continues to grouse and say how dare he ask questions of us. he shouldn't do that. >> you know, i'm old enough to remember in the 1970s, whether we had a commission led by a left wing senator, to oversee what the cia had done in the 19 of 60s and 50s and so forth. i remember the media and hard left were all excited about it anything goes when you try and destroy a president, destroy presidency, undermine an administration. the cia's conduct has been abhorrent and i would say this to the cia like the fbi. you better start paying damn attention to your job. we have china on the rise. russia on the rise. we have the regime in iran with their nuke missiles they are trying to get. you guys have failed us way too damn often. it's like the corporations in america. if you expect patriotic americans to back you up, you better start being a little more patriotic. all this attempt to take out trump, why? the department of justice, the fbi, the phoney russia collusion, the media, the two phoney impeachments, the phoney could you please efforts and the cia and fbi leaking why? because donald trump loves the country. he followed barack obama who wanted to fundamentally transform america. he stood in their way. and he was trying to make america as he put it great again or empower americans again. washington hates we the people. washington hates the base of the republican party, conservatives. washington hated reagan. they hate trump. and the fact of the matter is, these agencies -- here messiah idea real fast. we ought to have term limits for people, not just politicians for people in the government. 10 years and get the hell out and join the private sector. >> pete: i think most people watching this program would very much agree with you, article five gives us an opportunity to do it. mark levin the great one. thank you for joining us on "primetime." we appreciate. >> it thanks, pete. thank you. >> pete: up next, what's going on at the juicy smollett trial. let's just say there is research that the rest of the media they are not talking about it. we'll take you inside the courtroom next. >> man: what's my safelite story? 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(crowd cheering) therabreath, it's a better mouthwash. at walmart, target and other fine stores. ♪ >> pete: this week was the start of the trial for empire actor jussie smollett. if you turn on any other network of course you are not going to hear anything about it why is that? because things are not going to well for jussie. fox news national correspondent matt finn is covering the trial for us from the inside and joins me now. it's true, matt, you are not hearing much about it. there is no videotape, that's part of it. what are you hearing inside the trial and how is it going for jussie smollett. >> what we should know, pete, the prosecution just wrapped its case a short while ago inside court. as expected, the defense asked for smollett's charges to be thrown out and the judge denied that request saying there is ample evidence to send this case to the jury. and we want to know that over the past two days the star witnesses in this case, the owe theuh-oh osundairo. carry out. we have one of the brothers walking out. this is one of the brothers who testified against smollett saying that smollett asked him and his brother to buy red hats so they would appear as trump supporters. he asked them to use racial and homophobic slurs and drove him to the precise stairwell to carry out the attack. and he purposely pointed out a camera above that stairwell. smollett thought that camera would capture the incident. but that camera did not capture the alleged attack. cpd detective testified on the stand that smollett was upset when he found out that the camera did not capture the attack and the so he osundairo brothers wanted the camera to capture the fake attack so he could use that video on social media and in the press, pete. >> pete: matt, just watching the brothers there, they don't seem too worried in their reaction as they leave the courthouse. i know you are reporting on this. but how was their testimony received? did it seem believable in hey they were in on a ruse? >> yes, they did not stumble. they did not stutter. the lead cpd investigator was on the stand for hours. he said he could not find a single lie in any of their testimony. they said once they found out that smollett had police they felt indebted bawdz because he got unbefore the brothers a part on the empire show and he was also a famous actor. they admitted they thought perhaps he could do something for them in the future. once this incident got reported to police they said they were going to tell the truth. they say that's what they're doing. smollett's defense team alleges that he was already famous. he had enough money he wasn't seeking any more fame or fortune. >> pete: wow, we will see how that defense goes. thank you matt finn, appreciate it also here tonight our friend lawrence jones l.j. "fox & friends" enterprise reporter. lawrence, you heard the report. what do you read? i mean, friends that i talk to, others, my wife, others say why is he even taking this to court. the evidence seems so overwhelming. >> taking it to court because he had to a deal at first with kim foxx. because of the corruption in the case they had to turn it over to the special prosecutor. he thought he got away with this. but after the public backlash, you have the police officers never thought that this was a legitimate story. i think it's something we have got to focus on. of course he is demented for trying to pull off no one believed the story. it's a case of greed. like he wasn't getting paid enough. he wanted to use this to gin up support for himself so he could get a contract. stop being lazy, go out there and do the work and then maybe can you get some more money. >> pete: he clearly thought that was going to work. he tried a letter first it didn't work. didn't get enough attention. i have to stage an attack in front of a camera. it almost did work it? >> almost worked. because of corruption in the criminal justice system. this is not untypical for kim foxx. she allows, you know, people that are literally murders back on the street. we will be talking about that later. why not let the guy that staged a phoney hoax get away with it. >> i don't see him getting away with this one. get your take on something else, lawrence, a big win today for the cops. doesn't happen often for the cops in chicago. mayor lori lightfoot dropping her police vaccine mandate after a judge slapped it down. basically the city threw up its hands and said fine we have 87% of the force vaccinated that's good enough for us. a loss for lori lightfoot a win for the cops and a win for the people of chicago. so they eventually just caved. >> lawrence: they were pressured to cave. she didn't just cave. she saw where this was going through the court system. and she had to comply with it. listen, this is not just a win for the cops though. this is not just a win for individual plisht. this is ♪ just a win for the constitution. it is a win for the people of chicago. 41 people shot over the weekend. five people dead. have six on monday. seven on tuesday. do you know how crazy you have to be to then say i'm going to lose more cops on the street? if they are inflicting the damage that they're going -- that they are doing right now with a cop on the street. what do you think is going to happen half of the cops walk off the job? these leaders don't care about that. they know what's going to happen. they see it happening every single day. they were willing for political purposes to allow another blood bath to happen in chicago just to prove a point. the courts said no. not on our watch. >> pete: with 87% of the force vaccinated. i saw this stat today. 2021 on pace in chicago. you know this much better than i do, on case to have more homicides in chicago this year than happened -- than u.s. troops were killed in afghanistan in the last 10 years. >> despicable. american city. it's clear they don't care about some of our american families. you know, many of the kids that are getting shot at, they look just like me. pretty sad elected official also look like them kim foxx. lori lightfoot and have the police chief which i love david brown, he went to chicago. i told him not to do the job. he did the job anyway. budged to the system and now kids continue to die. you can't run chicago like texas. you just can't do it. >> pete: great point. lawrence jones, thanks for joining us, man. appreciate it up next, the uss kamala strikes another iceberg. now the ship is sinking and there aren't enough life boats. karl rove, well, he is on dry land with his analysis coming up. ♪ ♪ ulsing, electric shocks, sharp, stabbing pains, or an intense burning sensation. what is this nightmare? it's how some people describe... shingles. a painful, blistering rash that could interrupt your life for weeks. forget social events and weekend getaways. if you've had chickenpox, the virus that causes shingles is already inside of you. if you're 50 years or older ask your doctor or pharmacist about shingles. ♪ pete things just keep getting worse for vice president kamala harris in a matter of two weeks two of the top aides announced calling it quits. first it was her communication director and now senior adviser and chief spokesperson symone sanders leaving her too. looks like the staff is quickly realizing that the v.p.'s office is a sinking ship and fleeing for the life boat. >> there is obviously others as well. do you feel like you are in the middle of a staff shakeup and do you see this as a re-set for your office? >> well, i told you how i feel about symone. next question? [laughter] pete pete there is the laugh. poor kamala is sinking further and further into turmoil and nobody wants to deal with it, herself included. the since the day she took office the v.p. has been the center of disaster after disaster. first task was to fix the border. and we all know how that turned out. >> do you have any plans to visit the border? >> i at some pointed, you know, we are going to the border. we have been to the border. so this whole -- this whole thing about the border, we have been to the border. we have been to the border. >> you haven't been to the border. >> and i haven't been to europe. [laughter] i mean, i don't -- i don't understand the point that you are making. >> pete: we have been to the border but i haven't been to the border. but she didn't let an awful interview like that keep her down. got to give you credit. she got right back up and focused all of her attention on the election reform bill that ended up going nowhere, thankfully. since then she has been working on tree equity, hangs out with child actors, ruining surprise parties and cackling her way through serious situations. it's no surprise that her approval rating is at a bismol 28%. what is surprising is that any of her staffers are actually sticking around to go down with the ship. joining me now to react fox news contributor karl rove. carl, thanks so much for being here. merry christmas. >> merry christmas to you. >> pete: it's great to see new person. >> yeah. >> pete: you have run a white house. what's happening with kamala harris. >> not much. two of her top staffers have left. we had a week or two of articles where the white house presidential staffers were taking open shots at the vice presidential staffers who were in return returning fire. or maybe they started it. >> we don't really know. she got a 28% approval rating. she every major operation that she has been put in charge with, starting with the border. and so what could go -- who could go wrong after all of that? i mean, come on. >> pete: where does it start? there is different forms of leadership but ultimately, if you have a strong leader at the top, the staff coalesce or strong staff they can prop up a week leader what is failing here. >> two things, biden who is weak and has not established control over his own white house and then we have harris who, when she was in the senate in a respect station as notoriously difficult boss and terrible colleague. you start out with those two things behind you and walk into the white house when you are the subordinate the number two to the number one and have a reputation as being a bad colleague and bad boss, that's a recipe for disaster. and we are seeing it. look, there is a reason why people are leaving, after 10 or 11 months. it's because they are worn out with what she does to them and how she handles herself. and then do you really want to be associated with somebody who is screwing up so many things? i mean, the thing on the border is just amazing to me. even when she finally came to the border, she didn't go to where the problem was, she went about 400 miles away and sort of like washed her hands symbolically of it. and the same on virtually everything that she has done. what has she been able to achieve? and that's representative of her, first and foremost but also representative of the president who put her in a place swheer wouldn't succeed. >> pete: speaking of the president, today he put her on a bus. the attempt was to have her drive a bus. we have some footage. she got on a bus and sang wheels on the bus go around and around. i know her and mayor pete or secretary pete attempting to sell the infrastructure bill is this communications work? >> a little goofy, yeah. and pretending like you are driving it i mean, sort of like the 5-year-old kid. sitting dr. look at me mommy and daddy daddy, i'm driving the electric bus. >> pete: it's amazing. it also feels like are we not seeing an exercise in box checking and here's what i mean. barack obama knew what he needed in a vice president. got joe biden it wasn't because he ran well in the primary. joe biden knew what he needed and he checked the box. it wasn't because kamala harris ran particularly well. is that what we are stuck with here? i know there is ideology. i know there are outside forces. i know there are leftist forces and that's a real thing. but you also have an administration out of its depths. >> first presidential decision any president makes is the choice of their running mate. you are right two ways to go one is the political one. i have one who has washington experience and been involved in foreign policy and been around for a long time because i'm the new, freshman senator from the state of illinois with no experience. >> pete: yeah. >> i need someone who will balance demographically the democratic party. a woman and person of color. that's a presidential decision but it's intensely political. the first decision that they make ought to be who will be the best partner to me in the oval office and if something terrible happens to me, whom will the country have confidence in? who will be a good partner in governing and who will be a good partner if the moment comes that they have to step up to the number one job? that is not what joe biden was thinking about with this choice. he was thinking about the short-term politics of the moment. how do i unite my party and make certain that i have a best shot in the general election? maybe good for his political chances not good for the country long term. >> pete: your boss made the opposite decision in choosing someone with a state with three electoral votes. >> which i opposed forever exactly that reason. i had to give him my reasons why give it to dick cheney number one wyoming, three electoral votes haven't lost it since 1964. let's go to a state. >> pete: but a governing choice. >> he made a governing choice. >> pete: thanks a lot. merry christmas. united states to see you in person. >> you bet. >> pete: up next, christmas shopping. work emojis and president fauci? i know that will make will cain smile? won't it? don't go anywhere. ♪ ♪ trelegy for copd. ♪ birds flyin' high ♪ ♪ you know how i feel ♪ (coughing) ♪ breeze driftin' on by ♪ ♪ you know how i feel ♪ copd may have gotten you here, but you decide what's next. start a new day with trelegy. ♪ ...feelin' good ♪ no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. take a stand and start a new day with trelegy. ask your doctor about once-daily trelegy. and save at trelegy.com. >> ♪ ♪ >> pete: just a few minutes left in the show. time to put my good friend on the clock. 3 topics and 60 seconds. maybe should day we will do the whole show with this format. >> maybe. we don't want to blow the ratings out of the water. >> pete: we will leave it there for now. first up. change of plans. joe biden says he is not the president. >> i see more of dr. fauci than my wife. who is president? fauci. >> pete: hmmm, is he? right? is he? >> is he? i was going to say a fraudien slip but he was obsessed with sex. it said an unintentional error that reveals subconscious feelings. he said i have to go. they get mad if i keep talking to you. now another slip. who is in charge? who is the president? >> pete: okay. dr. fauci. next up. a report says you should hold up on sending emojis in work messages because they may be interpreted the wrong way. when i text you i use a lot of emojis. what do you think? >> here's what i would say in this particular part of this segment. forget work emojis grown men should not use emojis. i was going to talk about grown men not using manges. -- emojis. show what the audience what a grown man likes to do. with thumb's up. >> pete: always. kissy face. yep. [laughing]. >> so... >> pete: doesn't it say it better than anything else? you don't want to say i am pondering it. >> i like when you give me strong arm and american flag. that's when i have the full pete. >> pete: sorry. study finds parents think christmas shopping is harder than completing in olympic sports because their children cried for not receiving something from their wish list. has that happened to you? >> no, i don't set expectations that high. i prepare them for disaament. i ask them what they want. what is your christmas list -- disappointment. right now there is a talk of a gaming pc. i don't care if everybody is hang out on it. pete i prepped him for disappointment. he gets a month and not one day. when my kids don't get it i say santa misred the st. >> pete: santa is real. will, thank you very much. see you tomorrow. tucker is next. >> ♪ ♪ >> tucker: welcome to "tucker carlson tonight." a ton going on. we could not resist noting that jussie smollett went on trial for faking a hate crime ax tack. -- attack. he could spend time in prin. his

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