interest in exploring. >> de blasio sweemg vaccine mandate. >> for all private sector employees. >> there is now the most expansive vaccine mandate in the country. >> this mandate is going to be devastating economically. >> third and 5. harris has the first down and it's gone. damion harris up the middle for the touchdown. ♪ jingle bell rock. steve: tis the season as we look live at fox square 6:00 in the morning. good morning, folks. live from the mezzanine level of studio m on this, december 7th, 2021. it was exactly 80 years ago today the sneak attack by the japanese on american forces in pearl harbor got the united states into world war ii. ,. carley: the time something interesting. we are talking this morning about what is happening with russia. building up troops on the ukrainian border. brian: right. back then it was russia, germany. russia would be on our side. now they are on anything but our side. yesterday there was a meeting among the western minds yesterday to prepare the president of the united states for this meeting with vladimir putin. he met with the leader of france. leader of germany and other allies. ainsley: u.k., italy. >> this is what is at stake. 175,000 troops surrounding the ukraine. we cannot allow this invasion, world war ii style to happen on our watch. and if we don't stop them here, they are going to reconstitute the soviet union. steve: it sounds like intel sources feel that it sounds like russia could actually do the invasion within a month starting in early january. so, what's going to snap today joe biden is going to meet with vladimir putin via zoom, a secure zoom and they are going to talk about stuff. and joe biden is going to say hey, we have got ukraine's back. and then vladimir putin is going to say hey, we don't want ukraine in nato. nato, however, has said in the last week russia doesn't get to decide. we get to decide. ainsley: that's right. and ukraine gets to decide. we have not ruled out sending additional troops over there. and the president is saying western leaders will impose economic sanctions to cause significant harm. mitch mcconnell is saying we need to provide ukraine with weapons so they can defend themselves against the russians. >> here is the deal we don't want to put troops on the groinged. secretary of state made it clear expect stiff saxes and maybe taking russia off the so-called swirst exchange that allows them trade internationally. truly hurt iran when we did that to them. here is what vladimir putin is saying okay. in 2014, we had a leader there that was friendly to us. and the ukraine be people stood up, shouted out and forced him out. then he said we want an association with the european union and nato. that's great victory for us. the russians didn't think of it that way. they went quickly and took crimea and started taking two different areas and still are there today inside the ukraine and tried to win over the ukrainians to say hey, we have been brothers from day one. come on back. that has been an epic failure. so now they are going to try to use force. and the question is do they think as though joe biden, the man that left and humiliated our country in afghanistan. really focused on covid and china will that guy stand up and repel us? after all, they walked all over barack obama this is his vice president. ainsley: are they poking the bear. taiwan airspace, this is what is happening over there russia and ukraine. is it because they look at our president as weak and this is their opportunity to do this? steve: the good news is for ukraine they are better equipped than they were back a couple of years ago. so that is good; however, russia is gigantic, and russia -- it's existential threat to them. here is ambassador robert o'brien who was in the trump administration talking about the russian threat to ukraine with larry kudlow last night. >> putin is pushing these troops up on the ukrainian border. and the question is what does he want? there are two big things he wants. he wants to make sure ukraine never becomes part of nato and second they become part of the eu. we have great tools we had nord stream 2 you and i and pompeo and mnuchin and president trump helped stop during our time in office. that was given to the russians and asked nothing in return. the will new start nuclear deal was it ended and nothing asked for in return. two of the best bargaining chip we have russians amass troops on the ukrainian border and pocketed those two concessions and now is he going to look for more. brian: one thing is believe it or not the nord stream 2 is not done. we could still stop it today. and keep in mind. why would germany and their european allies want to even have nord stream 2. why would they want to be dependent on energy from the russians but we could do it and we are much more reliable partner. the thing is when you set up a pipeline you also set up an alliance. you have somebody who says i'm going to sanction you for invading georgia and ukraine and propping up belarus leader. no one sees this game plan ahead of time? steve: ultimately it, comes down to joe biden and vladimir putin. the last time they chatted was in eulogy. remember, when the ransomware attacks were crippling the pipeline, the colonial pipeline joe biden picked up the phone and said unless you stop this, there will be devastating consequences. and, you know what? the ransomware attacks have continued. not quite on the same scale where it has wound up with gas lines and stuff like that. there is no doubt that vladimir putin has a different kind of relationship with joe biden. fran, for instance, donald trump did. listen to victor davis hanson. >> when donald trump came, in he didn't attack gras graph do you tuesdayly biden by name or he didn't say he is a killer, as biden has just called him. but what did he do? he killed over 200 mercenaries, attacked us in syria. he got out of an a symmetrical missile deal and jawboned against the pipeline with germany and russia. now we are back to the idiocy they passed. biden is talking tough and putin is looking at biden and as you say he is looking at afghanistan and looking at his ratings and his cognitive challenges and cutting back u.s. oil, rising oil prices, and he thinks, you know, this is an opportunity here and we will just play it by ear. so you have to be quiet and carry a club. you don't wanted to be loud and carry a twig. ainsley: reince priebus the former chief of staff for president trump he said he reminded us of the phrase that reagan always said we maintain peace through strength but then he said the second part of that quote is that weakness only invites aggression. when you are weak at home it, invites aggression overseas. brian: there is more good news there seems to be a lot of democrats very tough on russia. i saw congressman hims over the weekend and senator murphy. there was a bipartisan congressional delegation that went there last month that came back and said they are going to invade in january. and he said i said who was on the trip with you? he said half the trip was democrats. so my hope is like the democrats and republicans kind of pushed barack obama to be tougher on iran from the congressional level. birm. i think there is pressure on president biden to be tough on russia. because they can't really coalesce around let's get them blankets and -- that was barack obama. let's not rankel any feathers, let's let vladimir putin and his economy kind of just thrash and it turns out they used that to rally their troops and their country. keep in mind, too. the humiliation that barack obama went through when he got in front of the u.n. and he said assad should step down right now or be deposed. instead. vladimir putin went in with troops. with army and propped him up and more powerful today than ever. they looked at that as the ultimate finger in the eye to the u.s. is he looking to do that again. steve: the white house made it very clear with jen psaki jed there would be no military intervention the big stick this time was the sans. ainsley: coming up, mandate madness, new york city's mayor bill de blasio imposes a vaccine mandate on private sector employees. people are up in arms in new york about this. a diner owner says it will make it impossible for her to find employees and she is going to join us live. steve: why was cnn anchor dom lemon texting jussie smollett about his alleged hate crime case. that and other revelations from the actor's high profile trial from chicago after the break. you are watching "fox & friends." good morning, folks. it's tuesday. is struggling to manage your type 2 diabetes knocking you out of your zone? 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ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. car carve in hawaii a massive storm bringing catastrophic flooding and widespread power outages. all four of the items facing threats of flash flooding landslide slow moving storm on mauiy thousands without power and the storm dumped more than a foot of rain in some areas. authorities are urging residents to have emergency plans in place. just look at that 113 los angeles county firefighters have been removed from duty without pay after filing meet the december 18th city deadline to detective a covid vaccine. the department saying that number could change daily as firefighters update their vaccination status. the city says firefighters who continue to resist the mandate will be entered into the process of termination. about 83% of the lafd are vaccinated and 320 firefighters have applied for an exemption. a record number of cargo ships are still anchored off the coast of california. marine traffic reporting nearly 100 ships are looking to drop off cargo in los angeles and long beach. that number is more than double what port authorities say are waiting offshore. some ships have been waiting to get this: unload since october. amid the ongoing supply chain crisis. buy american, guys. chris cuomo is reportedly planning to sue cnn if they refuse to pay the remaining money in his contract up to $18 million. cuomo says his former boss, cnn boss jeff zucker knew the extent he was helping his brother and that there were no secrets between the two. after losing his gig at the embattled network chris cuomo is no longer hosting his radio show "get after it." on sirius xm either. losing both jobs. back to you. steve: he said, he said. ainsley: asking for the remaining money in his contract. brian: i think it's safe to say this isn't over. steve: stay tuned. brian: jussie smollett will be back on the stand today facing cross-examination from prosecutors. that should be imang. ainsley: this after the anchor revealed cnn anchor reached out to him 2008 investigation. steve: wait, who? todd piro joins us live with details from chicago. >> former empire star taking the stand in his defense reiterating is he the victim of a hate crime. jussie smollett denying the 2019 attack was a hoax, admitting to paying two brothers for nutrition and training advice but not to stage any kind of attack. smollett also admitting he had a relationship with one of the brothers known as bowl la. the brothers previously testified smollett paid him $200 to stage the attack and another 100 bucks for supplies. he was upset after the attack. saying i'm a black man in america. i do not trust the police. i am also a well-known figure at that time and i am an openly gay man. the actor also revealing that cnn's dom o. don lemon texting him allegedly relaying information that police did not believe smollett's account of what happened. lemon telling viewers after the 2019 incident that he was in close contact with the actor. don lemon covered the case on his show last night but made no mention of the alleged contact he had with smollett and when court resumes in an afew hours smollett will again take the stand. the trial is expected to wrap up this week. >> yesterday the defense presented him as, you know, he took the stand in his own defense. today the prosecution is going to let him have it in which case they are going to pretty much say that one -- the brothers both say you are lying. it was a hoax. what are you doing? >> that's why it's a very, very dangerous strategy to put your own witness on the stand if they are the defendant as in case. keep in mind, they did it in the rittenhouse case the difference there we all knew what the rittenhouse case. there was no question. here you have two sides with varying accounts as to what happened. while jussie smollett is an actor, in the battle of actor vs. a prosecutor who is trained on tripping people up for years, i think smollett is going to be in trouble. i think we had a guest on earlier on our show "fox & friends first" say when i was a prosecutor, i ask acted like a lion in these circumstances. looking at the red meet in front of me. i think that's what's going to happen today. ainsley: brothers said they were paid to attack him. is there a money trail or did he pay cash? todd: there is a check. $3,500 check introduced saw it on the screen was this for the attack or was this for nutrition and training again up to the jury to decide. is that a normal amount that somebody pays two random brothers for nutrition and training advice? again, that's up to the jury to decide. brian: sometimes this is a real head scratcher and then there is this case. this is the most obvious case of a defendant being a total -- having a total fictional account of what took place. everyone in the country knows it. so let's pretend that this is really a nail biter. we know this guy made the whole thing up. the nigerian brothers are in the middle of it. they know they are telling the truth. there is nothing about this guy's story that's valid. his career deserves to be ruined. he should go down in flames. todd: brian, that's wife today is so dangerous for smollett because if, as you say, is he weaving these lies it's really tough to keep those lies straight if a prosecutor is grilling you on the stand where you have to be honest you will get caught in perjury so other charges potentially could attach if the court deems it so. ainsley: from a legal perspective did don lemon do anything wrong? if you are trying to get an interview you would send a text. todd: i don't know about the legal this would go back to the cnn journalistic should would he be helping the people cover like cnn does cuomo and now don lemon. i like putting on my legal hat every now and again it justifies the expense of law school and years of practice. mom is watching. steve: hang onto the expensive law books. brian: what is your retainer? todd: i'm free. really cheap. steve: really close your quarter hour. >> gavin pay please with nothing. brian: who is gavin? steve: yesterday, the jury was listening. if is he telling the truth about this, why did he make up another story because one of the -- remember, early on, when the hoax we didn't know it was a hoax yet, but he was seen on body cam video where he had the noose around his neck. and i had taken it off but when the cops came he put it back on. he was trying to explain that i put it back on because my creative director frank gaston told me too. put it back on so you don't mess with the evidence. essentially he admitted that he had taken it off and he was messing with the evidence. so why would you believe, you know, parts of his story and not think well, to todd's point he is an actor maybe this is all just a script is he reading. ainsley: candace owens the greatest racial hoax in the last three decades and he should face deeper charges. the network behind up he had been attacked by deranged maga mob that's then and now if you look at their coverage from november 29th to december 6th. cbs zero section, abc 22 seconds, nbc 178 seconds. brian: if they thought it was a real attack they wouldn't have any commercials for the last three days and covering this and demand to get cameras in the courtroom. think about all the man hours and money and legitimate crimes that need to be followed up on in that city along with any type of real racial incidents that should be looked in at. he actually hinders all -- everybody else in legitimate situation where there is somebody in the midst and the target of a hate crime. steve: he did say he didn't want to call the police because he didn't trust the cops and he didn't want to look weak. he also admitted on the stand that he smokes a lot of pot while they are shooting, you know, will smoke some pot, drive around in his car alone as part of his creative process as a singer and a songwriter e takes the stand in his defense again today but today it's the prosecution's turn. ainsley: he was making a lot of money per episode of empire. steve: $100,000 per episode. brian: is that still on? steve: i don't think so. ainsley: he was making $1,000 an episode. steve: 28,000 in the beginning. all right. meanwhile, in the briefing room yesterday, jen psaki was asked a bunch of questions about hunter biden. remember last month, hunter biden's attorney said that hunter had divested his 10% stake in that firm that we learned about in the "new york times" called bhr partners there were no details about the buyer or the transition terms or anything like that. you know, was hunter biden paid by the chinese or did he simply transfer the ownership to another person like a family member without compensation? these are questions that have not been answered. ainsley: jen psaki was asked about this. we need transparency we need the dollar amount, the timing. can you confirm that that laptop is authentic? listen to this exchange. >> the biden administration put out a report addressing corruption, the attorney says he has finally divested from a chinese investment fund controlled by state owned entities, i was hoping you could commit to basic transparency about that transaction. the second question is my colleague miranda devine has a new book out called "the laptop from hell. "i was hoping you could confirm that the laptop is, indeed, authentic and not russian disinformation as you seemed to suggest on twitter last year. >> well, on the first, the president's son is not an employee of the federal government so i would point you to his representative. and as it relates to the book, i have neither had the time or interest in exploring or reading the book. brian: what a shame, because it would be good to know what some of the questions will be like if people start moving forward on a legitimate investigation and add to that, too, to the back drop of this, everyone that lied, all the media that looked other way, i keep thinking about those 50 intelligence leaders michael hay don't leon panetta who had reputations i expect it from john brennan a political hack who has no reputation at all. you watch him as a contributor on msnbc, but all these others signed off and said russian disinformation before the election where nobody, including hunter biden has denied one email is not his. steve: so what she said was because he is not part of the federal government, you have questions about him, talk to his representative. hunter biden's attorney chris clark was queried by the "new york post," that was "new york post" reporter steven nelson in those cut aways asking the questions. hunter biden's side, his representation has not responded to any of the posts in question. brian: find a way to link president biden to those laptops and then jen psaki will have to answer. big guy. i would start there and work my way backwards. 26 minutes now after the hour. the holidays are supposed to be full of cheer. new york city's mayor de blasio is creating more fear. how his brand new vaccine mandate will force even more people out of work. and he doesn't seem to care. steve: and border bliss. at least 1,000 illegal migrants have crossed into hume county, arizona in the last couple of days, how it's overwhelming officials there and intensifying the humanitarian crisis. that he was coming up straight ahead live from this level, you are watching "fox & friends" for tuesday. at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. vanguard. before discovering nexium 24hr to treat her frequent heartburn... claire could only imagine enjoying chocolate cake. now, she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? ainsley: even more vaccine mandates are coming for new york city. >> vaccination is the central weapon in this war against covid. this is how we put health and safety first by ensuring that there is a vaccine mandate that reaches everyone universally in the private sector. ainsley: it's the nation's first of its kind. so will it force businesses to leave the big apple. our next guest is a single mom of four who owns kellogg's diner in brooklyn. she has been fighting to keep her restaurant open since the start of the pandemic and says the mayor has gone too far. irene joins us now. good morning, irene. >> good morning. ainsley: we have had you on so many times and i know you have been fined. and you have been worried about closing your business. you are a single mom. how to pay the bills. now you find this out. what's your reaction? >> >> it's crippling us. this needs to stop. he has gone way too far. >> we live in america. we are not under china rule. people have to understand that we are private sector, the word private -- does he know what the word private means? this shouldn't be happening. this shouldn't be allowed. my customers are n danger. i have educated my employees how to be safe around people. we wear our masks. we wash our hands. we are so careful. no one is in danger. and now the kids, 5 to 11? shame on you. that's not the problem. the borders are the problem. they opened up the border. ainsley: but kids 5 to 11:00 have to show proof of one shot by december 27th. age 12 plus need to show proof of two shots. this is happening when he only has a few more weeks in office around christmas time when he probably will be taking a vacation. and it's happening in the winter time where restaurants, some of them do provide outdoor dining if they have the space. but in january and february it's 20 degrees here and parents don't want to sit outside with their kids. do you have outdoor space with heaters? >> no, i don't. i don't have outdoor dining. okay. and that's why i'm saying is he crippling us. again, the small businesses. attacking the small businesses. their focus should be to help us grow after what we went through. not make it worse for us. right before the holidays. we are waiting for the holidays to come. to help us a little. and what do you do? you just take away everything from the businesses, from children. like you are disgusting. someone needs to give him a cognitive test. this mayor, is he mental. he is commented in my eyes. he is not normal. he is is a tyrant. ainsley: how is this going to affect your business, specifically? >> well, we wait for this holiday, especially this holiday, christmas, new years, it's going to effect me badly if i'm sitting at the door trying to police people while i should be bringing people in, not telling people to go away. it's terrible. i don't think it's legal. i really don't. i don't understand how people are allowing him to do this. it will a few days before leaving office. my only hope the mayor elect understands he needs to do something for the people of new york. somebody needs to stand up for the people of new york in many sectors. we can't wait for him to leave. will many. ainsley: he says he is going to evaluate the mandate and make the recommendation on the advice of health professionals. we will have to see what he does. >> and logic. ainsley: thank you so much, irene for coming on. >> thank you. thank you so much. ainsley: god bless you. today president biden will speak with vladimir putin as russia builds a massive military presence on ukraine's border. former state department spokesperson morgan ortagus breaks down what the president should say to avoid an invasion. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider once a month. hiv pills aren't on my mind. i love being able to pick up and go. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems,...and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. i've spent centuries evolving with the world. with once-a-month cabenuva, i'm good to go. that's the nature of being the economy. observing investors choose assets to balance risk and reward. with one element securing portfolios, time after time. gold. agile and liquid. a proven protector. an ever-evolving enabler of bold decisions. an asset more relevant than ever before. gold. your strategic advantage. ♪ ♪ 'tis the season to break tradition in a cadillac. don't just put on a light show—be the light show. make your nights anything but silent. and ride in a sleigh that really slays. because in a cadillac, tradition is yours to define. so visit a cadillac showroom, and start celebrating today. ♪ ♪ an official message from medicare. did you try it yet? 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first of all they are a democratic country if they are going to do to ukraine they could do it to other democratic countries in their sphere, i think the chinese are watching this very, very closely. they are looking to see what the russians get away with in ukraine. can they get away with the same thing in taiwan. if you have a tendency around the world for russia and china and other it authoritarian regimes to attack democratic states, to take away their leaders and the rule of law, that is a really dangerous principle setting up around the world. so we should also. brian: they are expecting hard core proposals from president biden, which is odd because they are initiating the action and we are doing that in response. but let's go through your -- every russian soldier who crosses ukrainian border will come back in a body bag. he should say that directly. each american company that you hack. don't think about killing alexi navalny. these are the three things that you are talking about primarily. come out and say that upfront. does tone matter with him? you know him. >> well, i don't know him that well. i have certainly been in the room with him and mike pompeo. mike pompeo was very direct with hill. that's the only way to get through to him. so, yes, there has to be some teeth behind this as you say, every russian soldier that crosses the border of ukraine comes back in a body bag. you better be able to back that up. you better be able to arm the ukrainians, i don't think anyone is talking about u.s. forces here. we are talking about arming the ukrainians so they can deter russia. they may not be able to defeat russia, but they will make it bloody. they will make it costly enough that russia will think twice. number two when we were talking about the cyber capabilities there. remember we have seen report after report that these russian actors and the russians say oh they are private companies. they are not state actors that are hacking american companies. well, it's a joke. it's on their soil. so, we need to start a sanctions campaign against russian companies and against actors that participate in this. again, raise the cost so that the russian government feels like they have to deter the actors. and finally free navalny. i think that's something that many people in americans have been caring about. we have to continue to stand up for human rights in russia or china as it relates to taiwan. >> they only understand toughness. real quick, the pentagon -- joe biden has decided to have a diplomatic boycott of the winter games in beijing, quote: if the u.s. insists -- this is china's response. if the u.s. insists in woefully clinging to its course cline will take rest liewlt counter measures because we are not sending any democrats, congressional delegations, certainly not the president, china is not happy. is this a good move? >> yes. it is. we should not confer legitimacy upon a country that is currently genocide. i think the thing the biden administration should have been doing earlier, they should have -- i wish they would have made this decision earlier. brought more allies along. maybe set up alternative games for our athletes that would have been very challenging. but i do think that we have to really worry about -- we have to be concerned about the safety and security of our athletes and i would say to them you are representing america. you should stand up for human rights in china. don't be silent if you are going. brian: just amazing like the companies like coca-cola upset and pulls out of georgia because they didn't like the new election rules. but they are perfectly okay in beijing where million of muslims are in concentration camps and what they have done to hong kong and what they're threatening to do to taiwan. morgan we will have you back tomorrow to see if the president was listening to you and see what the results will be. >> thanks, brian, appreciate it. brian: you got it go upstairs to carley shimkus working hard on the news. >> start in california, a los angeles man is charged in the murder of jacqueline avant. maynard broke into the 81-year-old's beverly hills home and shot her in the middle of the night last week. maynard was released on parole in september with convictions for robbery and grand theft. the recent spike in violent crimes is sparking criticism of the zero bail policies that release suspects shortly after their arrest. beverly hills police chief mark stainbrook will join to us weigh in on bail reform policies. the portland pd saying on twitter they are only responding to high priority calls citing critical incidents and staff shortages. earlier this year the department said it was facing, quote: critical staff shortages. this amid massive budget cuts and after 55 officers retired last year, portland has seen a record number of homicides this year with 72. kersh winner medina spirit died after sprang at the santa anita racetrack. trainer bob baffert says the horse died of a heart attack. it was thrust into a spotlight after drug test kersh win earlier this year. baffert said skin ointment caused the positive test not a performance enhancing injection as a result he was suspended two years by churchill downs. next hour we will be speaking with the horse expert about the sudden death. bringing christmas trees to our troops. volunteers caravaning the trees to jfk airport where they are shipped to active duty overseas. trees were donated by nursery in ocean side, new york. local high school hockey players among those helping out in the 18th year of this wonderful tradition. brian, over to you. brian: i love it thanks so much, carley, meanwhile check in with our senior meteorologist janice dean. everyone has to salute you when you walk by. you are in charge. >> those are the rules. i-like it a lot. current temperatures across the nation. single digits in fargo and chicago 14. 22347 kansas city. the coldest air of the season my friends and moving eastward. there is your temperature departure from this time yesterday warmer than average temperatures for much of the nation. watching this area of low pressure that's going to come in to the central u.s. some of that energy combined with the area of low pressure across the south. a coastal storm is going to develop. not the blockbuster we thought it might be this time yesterday. but we are going to see some snow for the northern edge of the system. measurable snow for areas west and north of the i-95 corridor and too warm for a snow event for now. here's your forecast today. we will watch that area of low pressure developing across the southeast and then we watch more rain for parts of california and hawaii. this is a huge story. flood advisories, flood warnings for much of the islands, and we had blizzard warnings in the higher elevations over the weekend. so we will continue to watch this area of the beautiful hawaiian islands over the next couple of days. brian, have you ever been to hawaii before? brian: i was there once. ainsley: amazing. brian: big investment in travel. don't want to be coached next the next season of five guys. it was a crowded ride. the president and the freedom fighter great to everyone supporting the book. great meeting you. i'm coming back tomorrow at the atlantic room fort worth on thursday at the american gardens and tyler texas on friday and quickly in the same day go over to long view, tulsa oklahoma on saturday. oklahoma city on saturday and then, of course, newton pennsylvania on tuesday. all these day trips i will be back here. don't worry about it. and thanks to everybody. go to brian kilmeade.com. line up outside i will come out there at the end. meanwhile straight ahead, a chilling seen as a bus driver is beaten on the street as bystanders watch and film it. one chicago pastor is calling to end the violence by sleeping outside in the dead of winter and raise awareness for the crime spike. he joins us live from his mission next. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ this is the new world of work. only pay for what you need. each day looks different than the last. but, whatever work becomes, the world works with servicenow. ♪ steve: breaking news out of chicago police there are canceled days off for officers this weekend as the crime is surging in the second city. this just one day after a group of teenagers caught on camera beating a bus driver dragging him out of the bus into the middle of the street. one chicago pastor is demanding an end to the windy city's crime crisis. 10 years ago, he made headlines when he slept for 94 days on the roof of a run down hotel. known for hosting illegal activity including drugs. eventually raised enough money to tear that hotel down. now as violence nears record levels again, he is camping out again in chicago in the freezing cold to raise awareness and some money. that pastor corey brooks joins us right now from -- explain your situation. you are on -- you are standing right now on a couple of shipping containers, right? >> right, we are on shipping containers that we're making a replica of our community center that he would planning on building and built a makeshift roof up here that's where i am. it's 10 degrees. steve: 10 years ago you were on the roof of hotel, tear that down. raise money to build that community center. what would that community center do? >> it's going to bring a lot of transformation. we are one of the most in chicago that means we are one of the most violent in america. we took to that. we hope this community center will bring transformation and teach kids values they need to be taught to survive. accountability. stop focusing on focusing so much on racism and start transforming their lives and take responsibility to do it. this community center will definitely change the trajectory of our community. steve: pastor, what is happening. we are looking in at chicago and a couple years ago the violence has been through the roof. you were trying to end gun violence. 739 souls have been lost this year in chicago alone and then we just showed the video. a 15-year-old kid was arrested for apparently drag ago bus driver off a bus and then kicking him in the middle of the street. i mean, what is happening there? why does anybody still live in chicago? >> we lo chicago and believe it could be a beautiful city. the tale of two cities, very beautiful downtown and magnificent mile other side of our city very violent and crime ridden. we have to do everything we can as a community and people to take responsibility for our neighborhoods and start rebuilding and start trying to transform the lives of people. we can do that. we don't have to wait on government to come in and do it. i believe if we take responsibility all hands on deck we can bring about transformation and yes these kids are being very violent and full of disorder. we need to take control of it. steve: the way you are talking about with that community center you would address the values, that's at the real core of the problem. >> the real core of the problem is all about values. that's what we want to teach morality, self-accountability. start relying on trying to transform your life, stop trying to blame everything on racism and everybody else. stop pointing the finger. take responsibility and turn your life around. steve: listen, folks, is he on the top of a couple of shipping containers in 10-degree weather. help this guy out if you would like to donate to build this dream community center to help the people in that part of chicago, visit his web sites project hood.org. pastor corey brooks, thank you very much and good luck to you and stay warm. >> hey, steve, come stay one night at least. steve: i'm kind of busy. [laughter] steve: i will some day take you up on this. thank you, sir. >> thanks a lot. appreciate it. steve: there is a cream cheese story coming up next. ♪♪♪ 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! >> man: what's my safelite story? ask your doctor about xiidra. my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ ♪ >> show down in the making. >> president biden is set toe speak vladimir putin hours from now. >> looking to see what they can get away with in ukraine can they get away with in taiwan. >> mandate on private sector employees. >> do you know what the word private means? we live in america. we are not under china rule. have you gone way too far. >> the white house confirming a diplomatic boycott of the 2022 beijing olympics. >> it is better something rather than nothing but it's not nearly enough. >> there is a genocide underway in china. >> ceo of better.com fired nearly 900 employees during a recent zoom call. >> if you are on this call you are being laid off. >> i'm actually in my second trimester with a wave of emotions come over me. >> operation holiday cheer now in its 1st year sending trees and trimmings to troops overseas. >> provide our freedom ♪ merry christmas. ainsley: merry christmas, there is our all-american christmas tree out there on the fox square. it's red, white, and blue. it is gorgeous. when you walk in to our christmas, you can hear music. you can hear the music. we need that right now. brian: did he -- that was the brothers he could have. sounds like he could have. [laughter] steve: all right. welcome to hour two of "fox & friends" for this december 7th, 2021. 80 years later. ainsley: yeah, that's right. that's right. here we are talking about what's hang in russia with crimea i mean with ukraine. they have got troops there on the border. and they are threatening to invade which worries all of us. steve: that's right. that's why in just a couple hours, president biden is scheduled to hold a closed door virtual meeting with russian president vladimir putin. ainsley: this as putin puts the world on edge as he is packing those troops along the border. brian: unbelievable is he doing that with economic woes it doesn't seem to matter though. peter doocy joins us from the white house with more. peter, big meeting today. >> big meeting. and officials around here have been warning putin publicly to back off that border. but as to what president biden is going to tell him privately it's unclear. >> is president biden prepared to warn that there is a possibility of u.s. military involvement if russia invades ukraine? >> again, i'm not going to get ahead of the president's conversation. >> and has there been any discussion about increasing military aid. >> i'm not going to get ahead of decisions one way or another that the administration may or may not make here. >> a review of satellite images has the cia director under the impression putin has put about half of the 175,000 troops he would need for a ground invasion in place already. >> i don't believe that putin -- we don't know that putin has made up his mind to use force what we do know is that he is putting the russian military. the russian security services in a place where they could have in a pretty sweeping way. pete: european partners may not be eagles tore punish like germany in business with them on the nord stream two pipeline. critics hope president biden figures something out when russian crimea under tblorm were no repercussions they know joe biden is projecting weakness on the world stage. >> the last time president biden talked to putin there was not this looming threat of military conflict so this is the highest stakes meeting yet even though virtual with a leader that he calls an opponent, back to you. steve: peter, you went with the president and secretary of state to belgium and, you know, this topic came up. why isn't ukraine in nato? you went to that summit. >> yes. we were at the nato headquarters. basically the line from officials here is that they are not convinced that the money that they would give to a nato partner like ukraine that needs help is not going to fall into the hands of corruption leaders there it's not necessarily a concern about the top level leadership but the people who would be accepting the funds, the nato funds there is a big concern about corruption. and actually on that trip. i remember we were waiting for the president, he walls very, very late for a press conference, a report crossed the ukrainians were telling people that nato had just approved their application basically to be in nato and the he looked surprised very quick to say no they have not been accepted yet. they haven't. that was in june. but they still might need some help. ainsley: why doesn't russia want ukraine a part of this? they don't want this-to-have this power and support from other countries? steve: because we have nato's back. >> article 5 basically if any nato partner was attacked like the russians are apparently threatening then all the nato is at war. there is a thought that putin does not want that. steve: good thinking. brian: thanks, peter. they have an associated membership. one step short of a full member this guy yankovic was a russian stooge even though the ukrainian people said okay, we want to be moving on a path way to be a member he said i have a better idea i want to be tied with russia. they overthrew him as a leader and russia found that unbelievably offensive. we celebrated this as a great move for freedom. remember the big revolution in ukraine. ever since that happened, the russians came around and said you know what? i don't like this. i think i will take crimea back historically it was ours anyway. you better give it back we did nothing. then they said we are going to take this area of dombas and going to sit there and call russian rebels and sit in ukraine for the last years that's where they set. ukrainians know they are overmatched. the invasion is going to many do. they know it's eventually going to come. if vladimir putin saying if you thought that was bad, i'm going to surround the entire country with roughly 175,000 troops. make it transparent. you can take your satellite snapshots and it will show that all your fears are coming true. that we are going to surround and take this country and what are you going to do? they first wanted to win over the ukrainians we're your brothers, historically we are one nation. come on back. and that was an epic failure because ukrainians don't want to be with russia. they see that russia doesn't want to be russia. they see how miserable it is. they wanted to be part of the west and to peter's point. there is a history of corruption in that country. so they say until you straighten out your own government and we have to navigate the russian problem because the russians now since the warsaw pack chanced they feel like they are surrounded by western nations. they feel from their perspective somewhat under threat and they have been pushing back belarus, now here. maybe next it will be poland if we do not do something. georgia, too. if we don't do something quickly. ainsley: biden spoke to the leaders of france, germany u.k.ened italy. the teams will stay in close touch they say. what are our options impose economic sanctions cause significant harm. we could deploy additional u.s. troops biden has not ruled that out. senator mitch mcconnell we need to supply u.k. weapons from russian invasion. those are some of the options. steve: brian talked to morgan mn ortagus the state department spokesperson during the trump years. she had this to say about a russian invasion. >> biden doesn't care if russia invades ukraine because there is a -- first of all, they're a democratic country. if they are going to do to to ukraine they could do it to other democratic countries in their sphere. secondly, i think the chinese are watching this very, very closely. right? they are looking to see what the russians get away with in ukraine. can they get away with the same thing in taiwan. if you have a tendency around the world for russia and china and other authoritarian are a rs to attack democratic states and leaders and rule of law that is a really dangerous principle we are setting up around the world. brian: this ground was plowed by hillary clinton and misspelling the word reset and then sided without any type of exchange barack obama says i want to take those missile shields out of eastern europe, without even telling our eastern european allies. we took them out. vladimir putin didn't say wow they really want to be friends. he said wow, they look weak. and since that time, this administration, which is really a continuation of barack obama's administration. has been struggling to get credibility with vladimir putin. this is his latest chance. steve: the last time joe and vlad talked it was about the ransomware attack on the colonial pipeline if you do that anymore, vlad, there are going to be devastating consequence thels have continued to do it. let's see what happens. brian: we gave them a list of places not to hack. really? just don't punch me in the cheek. will don't punch me in the temple. besides that you can punch me in the arm. steve: ransomware attacks have continued to this day. originating in russia. >> so yesterday new york city was blindsided. a parting gift or insult i should say from our mayor here in new york city. he is saying all businesses if you have a job in any business here in new york city. you have to be vaccinated. no more of these testings. a lot of my friends don't want to get vaccinated they are tested every single day at work no. more amp december 27th. kids 5 and above have to be vaccinated into a performance if they want to see the nutcracker or rockettes they have to be vaccinated after the 22nd. steve: 20 days from today, four days before he leaves office. clearly he is trying to appeal to the political left because is he thinking about running for governor of the state of new york. but nonetheless, businesses are furious. there are 180,000 businesses in new york city that would be impacted owe has given any details. he hasn't said anything. is he trying to make a big statement. he was out walking and talking about what a great city it is yesterday posted on twitter. we have got a little snippet of it. here's the mayor. >> here in new york city, we were the epicenter of the covid crisis. we lost so many people in this neighborhood and neighborhoods all over the city. we didn't have ppe, we didn't have ventilators we were alone. we started to fight back and vaccines came and we focused on vaccination and made all the difference. we are now the safest place in country. i'm winter is coming today in new york city we announced a mandate. all federal employers must have their employees vaccinated by december 27th. this is going to keep us safe. this is the kind of thing we need do do now but everywhere. we can leave covid behind once and for all. ainsley: we can't waited to see the world's worst mayor left behind. steve: wait until he is governor. brian: everything that people are critical of. all those people who are critical of government, who have been looking out for us for the past two years is really on display there. he knows it doesn't work. he knows it's undeployable. he knows he is believable in two days. he knows he caused massive unrest through the city all because he has political gains in his mind. he wants to show he is to the left of obleg. all he cares his political fortunes. disrupt every small business owner who is already beyond stressed. he is doing something on a variant that is so benign even the market bounced back yesterday. you get a runny nose and 99 fever and we know that's what the african, south africans have been trying to tell us. finally wall street realized it and this clown wastes all our time yesterday causing massive panic in a bunch of small businesses buried in red because of his oppressive policies and now deposed governor. steve: here's the thing. it's going to go into effect in 20 days. it will be in effect four days before the new mayor elect eric adams comes in. the businesses local authorities have a lot of authority. brian: not one cop will crack down on any business because they are fed up with this clown in office. not one nypd officer. steve: just stating the facts. so the big question is it will go into effect in 20 days. will the incoming mayor say it's a great idea or say, you know what? we're going to get rid of that. ainsley: he said he will reevaluate and look at the science. if you talk to some of the business owners and how they are affected. you need to hear their cries. there is one employer who owns a barbershop here and says they only have a few chairs in this shop. if one person decides not to get vaccinated they don't have someone to work that chair and that effects the bottom line. another person who owns a restaurant de blasio. the city has reported among the highest vaccine rates and lowest infection rates in the country. so, people are asking. brian: 90% have one shot. 90% of adults have at least one shot. this is ghog to do with anything except for a left wing mayor who is useless in power, about to lose power, and is so clueless he thinks he has a shot at being governor. steve: what about the people who work outcoarse? there are a lot of people who work outdoors. they will you were talking to a business owner and she was furious. ainsley: she owns kellogg's diner in brooklyn. she has four kids single movement fined a lot of money, i think more than a million dollars she has been fined for not asking for vaccination cards or making sure people are wearing masks, she says my job is to feed my employees. i don't want to have to stand at the door and ask for a vaccination card. listen. >> this needs to stop. he has gone way too far. we live in america. we are not under china rule. people have to understand that we are private sector, the word private -- does he know what the word private means? this shouldn't be happening this shouldn't be allowed. my customers are are not in danger. i have taught my employees how to be safe. we wash our hands and wear our masks. we are so careful. we wait for this holiday. especially this holiday, christmas, new year. it's going to effect me badly if i'm sitting at the door trying to police people while as you know i should be bringing people in. steve: we showed it earlier. but just to summarize. the mayor his parting shot, gift final week as mayor vaccine mandate for private employers that's what we have been talking about. the city okayed facilities to shoot up with drugs and gifted and talented programs for kids axed. brian: eric adams says is he bringing that back. ainsley: eric adams when he takes office in january i hope he says businesses do not have to abide by this. children can go inside restaurants and eat. so many of these kids have already had covid. wearing masks at school and thought allowed to go anywhere in the city. not allowed to see a performance with your child. not allowed to go inside a restaurant. january and february where it gets 20 degrees, 10 degrees here in new york. you don't want to sit outside and hope a heater warms up your child while you are trying to feed them. brian: make these kids eat outside. one of the few western nations still putting our kids in masks. it is criminal. that's why the governor of new jersey almost lost in a state where it's overrun in blue. steve: that's the very latest from new york city where we are the first in the nation with a total private business vaccine mandate. good morning. carley: just to add to that real quick, it's almost christmas. there are so many restaurants that are looking forward to tourism and this vaccine mandates for kids goes into effect on the 14th. i'm sure there are some families that aren't going to come to new york who could have because their kids aren't vaccinate it's lost business as well. ainsley: so many of my friends were coming up to visit. they said if we are do, are we able to do anything? carley: going to be even worse. brian: i have been to three places no vaccine cards. carley: headlines starting in michigan. new revelations on the parents of the alleged michigan high school shooting suspect. the detroit free press reporting a former neighbor child services years ago of disturbing behavior coming james and jennifer crumbley's home. their son ethan faces murder charges for allegedly killing four students in last week's shootings. the parents face four counts of involuntary manslaughter for allegedly buying him the gun. prosecutors are also considering charging oxford school officials for their actions leading up to the shooting. this as a high school in south carolina is arrested for allegedly plotting a school shooting. an illinois state representative introducing a bill that would force unvaccinated residents to pay for their own covid care even if they have health insurance. the lawmaker says the bill would serve as incentive for people to get vaccinated. illinois republicans pushing back by introducing a measure to protect the unvaccinated from discrimination. house republican devin nunes is resigning at the end of this term. nunes is set to lead the new trump media and technology group being launched by the former president. the group is planning to launch a social media platform called social nements yeek nunes will run. he has been in congress since 2003 representing california's 22nd congressional district. today marks 80 years since the attack on pearl harbor on this day in 1941, japan launched a surprise attack on the u.s. naval base in hawaii. over 2400 service members and citizens were killed to commemorate 80 world war ii veterans from flown out to hun honolulu to participate pavement in the handle memorial day parade which was also special for one veteran's daughter who was flying the plane. >> my dad is on board that makes it very special. is he a world war ii veteran. is he 97 years old. he was in the air transport command in world war ii. >> 12 of the veterans who visited are over 100 years old. they are such special people and we are so happy to still have them walking this earth, guys. steve: a day that lives in infamy. ainsley: i told this story before my grandfather in the navy kamikaze pilot coming towards my grandfather's ship. at the last second they all thought this was the end for them. the last second the come kazee pilot turns the other way and goes into the water and looks at all the men on board and gives a peace sign. my grandfather came home and had two children including my mom. brian: that is fantastic. ains. steve: we're going to step aside. the very latest on the smollett case out of chicago coming up. great care starts with understanding... we all have different needs. that's why unitedhealthcare offers more benefits to help more people in more ways. so call us today to get medicare with more. our medicare advantage plans give you zero-dollar copays on tier 1 and mail-order tier 2 prescriptions. you'll also enjoy zero-dollar copays on primary care doctor visits, zero-dollar copays on preventive dental, and free yearly eye exams. so, take a closer look. with unitedhealthcare we'll help you get the care you need. got medicare and medicaid? 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they will be carved up like a thanksgiving turkey he did take the stand and i predict that's exactly what's going to happen. ainsley: did that work for him? it worked for rittenhouse. >> it did work for rittenhouse. i don't think it works for smollett. the more he talks the worse it gets. his story is changing. and when a defendant's story changes, that's a big red flag. very often a witness will embellish or add facts they didn't talk about the first time. when you actually change your story that is a big problem. for instance, his claim about the fact that one of the osundairo brothers was in a baath house with him having activity sex that contradicts totally that he could not identify his attacker. so you are making out with a guy who a baath house one night and then a few weeks later you can't identify him? not only that, the money trail. $3,500 paid to these brothers for this hate attack? no. now he is saying it was for physical training and for an herschel supplement from nigeria. i don't believe any of that. ainsley: nancy, why wouldn't he hand his phone over to investigators? >> that's another big red flag. if you are trying to prove that you are a victim of a hate crime, i would give a cop anything he needed. instead smollett withheld his cell phone? why, because one hour and 10 minutes, according to smollett, he was talking to the osundairo brothers and he didn't want the cops to know that just think about it chicago. subzero temperatures. does anybody on that jury believe that he really went out at 2:00 a.m. because he was hungry? why not make a bowl of cereal for pete's sake? how did these attackers know he was going to come out at aexactly 2:00 a.m.? none of it makes sense. plus, he lies on the stand. first he said he never adjusted the rope around his neck, horrible racial connotations. and then he admits he put the rope back on because his manager told him to put it on before the cops got there that smells to high heaven. let me tell you one more thing. this is a laughable farce in this courtroom. i would laugh but, i have worked on hate crimes. my first one was for a young black man inner city atlanta, sexually assaulted and shot in the head with a 38. i will never forget it real hate crime victims deserve to be believed. and smollett is making a mockery of them. and i don't like it. ainsley: thank you, nancy, watch crime stories. nancy has a great show on fox nation. thank you. border blitz. at least 1,000 illegal migrants have crossed into huma county, arizona in the past few days. how it's overwhelming the officials there and intensifying the humanitarian crisis. plus, a substitute fired in texas. why the school pushed back against this toxic performance ♪ ♪ dog barks you're right bunker, the medicare enrollment deadline is almost here. if you're on medicare and you want to explore your options, the deadline to enroll is december 7th. so, you should act now. were do i find the right medicare plan? at healthmarkets, they search many of the nation's most recognized carriers so they can help you find the right plan, at the right price that's the right fit for you. how long does it take? just minutes. my current plan only covers 80% of my costs. healthmarkets may find plans with zero dollar copays, deductibles and monthly premiums. even plans with prescription drug coverage, vision, dental and hearing aids. how much does it cost? healthmarkets service is free. dog barks ok bunker! ... he really doesn't want you to miss the december 7th deadline. don't wait. save time. find the plan that fits you. call the number on your screen now, or visit healthmarkets.com healthmarkets ♪ carley: back with some of your headlines, a second accuser revealing haunting in the ghislaine maxwell sex trafficking trial. a british woman described how she was groomed by maxwell when she was 17 years old. kate alleges maxwell made her give jeffrey enspheen massages in the early $1,990 and given all expensive paid trips with the financier and kate says she originally met epstein because maxwell told her he could help with her music career. prosecutor revealed that maxwell kept centers for disease control of nude women and girls. vanessa bryant revealing internet tormenters are threatening to release photos of kobe and their daughter gianna's bodies after the fatal helicopter crash. brian detailing the threats in a declaration with the l.a. county court. she has been in an ongoing legal battle after she sued the sheriff's office for leaking the crash photos in january of 2020. a transgender swimmer at u penn smashing two records in the u.s. women's competition. leah thomas who competed as a man as recently as 2019 finishing one race a full 38 seconds ahead of the closest rival. ncaa rules say any transfemale athlete can compete in women's sporting events as long as they have completed one year of testosterone suppression treatment. a texas substitute teacher is relieved of duty after a performance in class at school officials believe is toxic. watch. ♪ ♪ i'm addicted to you ♪ don't you know that you are toxic? carley: that unidentified teacher was asked to leave campus by school officials who claimed the production was a bit much. it's unclear what prompted the performance but the austin school district says it did not follow best practices. he also put on a whole light show, brian, my goodness, over to you. brian: we'll discuss this in the break. carley: certainly will. brian: the border crisis taking a brand new toll on yuma county, arizona, of course, where the sheriff reveals thousands of migrants have been illegally entering the state daily for the past few days. one migrant can be heard saying they are crossing now because the remain in mexico policy is about to be reinstated. >> everybody right now before it gets because of that new law, yeah, because of the new law, a lot of people who were planning to come here but because of this new law they need to come as soon as possible. brian: bring in lacy cooper because the remain in mexico law does go into effect. attorney general. lacy, so policies, the illegals are reacting to our policies no, surprise. >> no surprise at all, brian. the cartels know exactly what is going on with our laws and our policies and they react to it. they send migrants through the parts of the border that are susceptible and they know that the remain in mexico program was reinstated in el paso. so they are sending migrants to places like yuma sector and seeing floods of migrants coming through huma sector right now. brian: embarrassment seeing split rail fence stopping or not stopping people invading the country. let's look at the encounters year-to-year in 202787 who came across in october. in 202121623. i'm not that good at math. that's a huge increase. according to our mathematicians 2647% increase. what can you do about it? >> right. i would just add that that's almost as many coming per day now as came per month back in october before the election. so, what can be done? well, the biden-harris administration needs to enforce the laws that are on the books right now. that includes migrant protection protocol. and they need to get that rolled out across the border asap. we can't continue to have huma sector flooded with migrants because el paso is the only sector that has the mpp program. but i have some other suggestions for congress. brian: governmental on laws that they can make that would change the humanitarian crisis at the border almost instantaneously. one is to compel migrants who are coming to seek asylum to actually use our front door. that's called a port of entry. instead of coming over the fence or through the river and dying in the dessert. we need to encourage folks or irish them, actually, to use the front door. and the second thing we need to do is to require people who are coming from farther afield than mexico to apply for refugee status in their home country or in a safe third country. i use the haitian migrants who sheltered under the del rio bridge, you remember those as an example. they had been living in brazil and other countries in south america for years. and, yet, they gave up their safe home and traveled to united states making a dangerous trek here. some dying along the way. many abused. so that they can come into the united states and, you know, under the catch and release policy. that is not a good policy. we have to put an end to it. the biden-harris policy are actually creating the humanitarian crisis at our southern border. brian: they don't seem to care. they don't push back. they don't gain it. never asked about it and you have to live with it real quick how much is this an issue arizona. texas outrage personal expense. how they have had to put their own forces on the border. own resources. i don't hear much about arizona. how big a deal is it? >> oh, it's absolutely a huge keel here in arizona as well. the governor has deployed the national guard to help, especially with what's going on in yuma sector. think about the resources that the yuma sector border patrol agents have to spend on feeding people. giving them showers. helping them to get new clothes. and instead of spending their time apprehending bad criminals coming across the border. >> brian: money that could be in our pockets helping people in need in america. lacy cooper, thanks so much. best of luck on your a.g. run. >> thank you. brian: up next, kentucky derby winner. dead. >> i would point you to his representative. i have neither had the time or interest in exploring or reading the book. brian: wow. former white house press secretary outnumbered co-host kayleigh mcenany with her brand new book talk about that. ♪ your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire (upbeat music) - [narrator] this is kate. she always wanted her smile to shine. now, she uses a capful of therabreath healthy smile oral rinse to give her the healthy, sparkly smile she always wanted. 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if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. ♪ ainsley: tragic and sad day for horse racing fans kentucky derby winner medina spirit died from what believed to be heart attack. brian: spirit and his trainer bob baffert center of controversy after the horse failed a drug test. investigation into their win still ongoing, an equine medical director for the california horse racing board, he joins us now along with our own janice dean who, you know, has covered horse racing and medina spirit and horse racing for a number of years. doctor, good morning to you. >> good morning. how are you all? steve: we are doing okay. we are scratching our head. what do you think happened? >> well, i think we are all scratching our heads, your opening statement said it all a tragic event to answer your question we don't know what happened at this point in time. ainsley: were there any signs that the horse wasn't feeling well? this horse is only three years old. >> no signs at all. in fact, on the contrary. i talked to the rider and his comment to me how great this horse has been training. how great he felt in the work. he was doing unbelievable. so it was a complete surprise to everyone. not only at the local level but obviously nationally and internationally as well. brian: what could cause a 3 or 4-year-old horse elite or athletic horse to have a heart attack. does this remind you of anything that's happened before to you? >> we have seen this before. especially in athletes not only equine but human. young fit athletes as these race horses are, oftentimes it's presumed to be a cardiac event. so, you know, that's our presumption at this time. he undergo a full comprehensive necropsy and at that point in time we will try to determine the cause of death. oftentimes in these sudden death instances they're often related to cardiac events but they may oftentimes go undiagnosed because it may be relate arrhythmia of some sort that can't be picked up on necropsy. >> i speak on behalf of joe baffert and jill baffert devastated. i texted with them yesterday. i have covered them for many years now. they couldn't speak on camera. this horse is like -- it's their life. and they are, you know, so attached to these animals. brian: you said they bought him for very little a thousand dollars. ainsley: a long shot to win the kentucky derby, controversy surrounding the horse. but, you know, meeting the horse. i got meet the horse, beautiful, beautiful animal. so, i mean, it's devastating for people in this sport that love the horses. brian: why don't we read that statement that the baffert family put out. ainsley: my entire barn is devastated by this news medina spirit was a great champion, a member of our family loved by all and deeply mourning his loss. i will always cherish the proud and personal memories of medina spirit and history spirit. doctor, the horse didn't suffer, right with a heart attack it's so fast. >> the horse did not suffer at all. he got weak, he got rubber legged and wobblably and rider pulled him up and he laid down and expired at that point in time. steve: so sad. >> did he not suffer at all. steve: because the horse did -- and i know you are investigating this, did fail a drug test and now has suffered this inexplicable heart attack, some people are connecting the dots. >> we're going to deal with the necropsy in california. we will deal with the necropsy and that will be our avenue that we are currently under. we are not, you know, we are not even going to comment on the medication issue in kentucky that's still under kentucky's definition. ainsley: new york lab did report it was ointment put on the horseskin for skin condition. you are not able to use that when you compete in one of these three horse race. doctor, thank you so much for with us, if you talk to the baffert family i know janice is. give them our thoughts and prayers. >> i will. i know they are devastating as is the racing community. any time we have a sudden death like this and the fact it was medina spirit, it reaches many, many people. so thank you for having me. brian: you are welcome. meanwhile, thanks, janice. janice: you are welcome. brian: 13 minutes before the top of the hour. still ahead chaos in california why thesheriff blames bail. steve: are a bailing having cream cheese. brian: make it lox. that's true. ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance. ow! i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. ... get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection-site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. steve: important breakfasttime news there's a shortage in new york city as bagel shops say they are having trouble restocking cream cheese, thanks to the supply chain crisis. our next guest has been making bagels in the big apple for 27 years and says he's never seen anything like this. heartland bagels owner anthony t utonico joins us right now. anthony good morning to you. >> good morning. steve: so what's going on? this is a big story. where's all the cream cheese? >> um, i don't know but you can't get a bagel without cream cheese i don't know what's going on here but with everybody i ask tells me that it could be, you got to talk to the distributor, speak to the distributor and the distributor tells you that their distributor tells you there's no packaging for it. you know, for me, you have the plastic tubs that you put the cream cheese in, you have, i understand that, maybe you can't get them but when you're talking about bulk cream cheese like 30 pounds and 50 pounds they are telling us it's the packaging and the tough thing is it's the box in a plastic bag you're putting it in, what can't we do here? i don't understand that. steve: yeah, no kidding let's get the president on this. so i understand you're having to go to like, you're going to costco, you're going to restaurant depot, places that are going to cost you more, right? >> absolutely, it's going to cost me more, no doubt about it and time is money too, you run around all day, you're on the phone all day trying to get it from everybody and then when you can't get it you're running around to stores trying to get it so you aren't in your store as much as you have to be and with nobody working, not having anybody to work for you, you know, i have great employees don't get me wrong, but it's hard to hire right now, so as an owner you're in demand. you have to be on hand. it's hard to leave the store to do this stuff. steve: absolutely and you know with the supply chain, i mean, i've been talking about my wife and i are writing another cookbook and it's hard to get whole milk, it's hard to get cream. you're having trouble getting butter. >> yes, butter that's the newest thing now, the butter was tough last week, the salted butters are kind of tough to get steve: yeah, exactly. >> in the tubs. steve: so this is big news here in new york, that you're running low on cream cheese. how much more do you have before there's a crisis and people have got to just have a dry bagel? >> well it's funny you ask that i usually get an order about 5: 30 in the morning and i spoke to my guy and he said we're waiting for a truck to am could in i'll let you know by 9:00 if a truck comes in, so my question , my thing is i'm about a week, week and a half on cream cheese, after that, i don't know , if they keep up with the shortage, i really don't even know what to do other than make my own, try to make my own i guess. steve: well worse than that, anthony, i've heard that if you run out, you're going to start selling tofu cream cheese. >> yeah, i did say that. it's true. i mean, um -- steve: that's not the same! >> it's painful, but, you know, i'm hoping i can do something to make it taste the same if that's the case. if we run out of it completely so let's hope that's not the problem. steve: and people are talking about the supply chain crisis impacting everybody, and it's like okay, it's hard to get computer chips and things like that. it's hard for people to get some kinds of food, and you are graphic evidence, because there's a cream cheese shortage here in new york city. >> just crazy. i don't understand it. i wish somebody would explain it to me i don't understand any of it. it's across the whole board, it's cream cheese, gatorade, beef, i just don't, it makes no sense to me, none of it makes any sense. everything. steve: it is something. i know. listen, he's looking for help out there at heartland bagels if you're interested check it out in staten island. >> come on in. steve: anthony thank you very much for joining us live. >> thank you, and appreciate it steve: good luck to you. all right president biden's going to get on a video chat with vladimir putin in a couple hours, over ukraine, kayleigh mcenany on that, coming up. sto? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ no one can deliver your mom's homemade short ribs. that's why instacart helps deliver the ingredients. and you add the love. nicorette knows, quitting smoking is freaking hard. you get advice like: try hypnosis... or... quit cold turkey. kidding me?! instead, start small. with nicorette. which can lead to something big. start stopping with nicorette >> russian invasion of ukraine could be imminent. >> that's why president biden is scheduled to hold a meeting with vladimir putin. >> 40 years of history tells us that this president is very weak and when you show weakness, they will take advantage. >> jesse smolette will be back in court today. >> he testified there was no hope. the more he talks, the worse it gets. it's going to be carved up on cross-exam like a thanksgiving turkey. >> white house announcing a diplomatic boycott of the olympics in china. >> we cannot confer legitimacy upon a country that is currently overseeing a genocide. >> kentucky derby winner me denuclearization a spirit died after training at the santa anita racetrack. >> oftentimes it's presumed to be a cardiac event. >> third and five, and strikes it, it's gone, damion harris threw everyone up the middle for the touchdown, 64-yards! >> ♪ merry christmas, merry christmas ♪ brian: it was about 48 hours ago we officially lit that tree on a sunday night, in beautiful december, and now that tree, just burns all day long, plays -- steve: burns? brian: yes. plays music, and people come by, and i was here late last night, i could not believe the crowd. they have done the impossible. they have made this an instant tourist attraction, and people come from all around. steve: we've been working on that for a couple of years. stop by fox square, 48th and 6th avenue crossroads of the world. ainsley: it is prettier than the one in rockefeller center. brian: few things to do in new york city, go to the brooklyn bridge, statue of liberty, guggenheim, see the empire state building. ainsley: go to the met. brian: the museum of modern art ainsley: or natural history. brian: anyone looked at modern art and go wow i need that. ainsley: you usually say, i could have done that. steve: i'm confused, brian, you're sending mixed messages. first you say come to our tree and then you say why don't you go to the bridge? why don't you go to the statue of liberty or the guggenheim? ainsley: as long as you're outdoors and bring your vax card brian: right but here's the problem. you go to the tree and you go, now what, honey? so that's why i want to give people -- steve: let's stand outside and wait for judge jeanine. brian: right. that'll be good. ainsley: well right here is bryant park and they setup the ice skating rink there too and there's a cute little christmas village, like a market steve: they have great hot chocolate. brian: the people are back, a little bit, so are the cyclists, when you step off the curb it has never been more dangerous. it is nuts. steve: you need to look. brian: it's like 1910 gangs in new york. steve: wait the gangs of new york were on bikes? brian: no i'm saying that's how dangerous it is stepping off the curb. ainsley: it was safer then is what he's saying. steve: hadn't really thought about the bike situation. brian: it is dangerous. ainsley: you haven't? steve: no you just look both ways. you're going to be okay. ainsley: when working at fox, you know, the taxis would pull right up to the curb and now they've taken that lane of traffic and turned it into a bike lane, and mr. deblasio wants everyone in electric cars or on a bike so now we have more traffic, and -- steve: apparently it's dangerous ainsley: you have to walk across the bike lane in order to get in a cab and the bikes a lot are electric bikes. brian: one thing we'll do as a city we're going to walk mayor deblasio to the amtrak train and send him south with no return ticket. ainsley: we need a vax against him. brian: away from new york. ainsley: yesterday he made a surprise announcement that shock ed all of us and said if you work for a private business you have to get vaccinated. this is taking effect on december 27, if you work in the city and that affects every business in new york city and many people are not vaccinated. steve: yeah. ainsley: they are going to lose their jobs, they just can't go into the office. steve: more on that in a little bit. brian: by steve's cadence it means i should start reading. in just hours, president biden is scheduled to hold a closed door virtual meeting with russian president vladimir putin a lot is on the line. steve: this as putin puts the world on edge as he packs troops tens of thousands of them right along the ukrainian border ainsley: peter doocy is live from the white house with the latest. reporter: good morning today's secure video call from the situation room, white house officials are telling us that the president and putin are going to talk about strategic stability, they are going to talk about cyber and also regional issues, and they say the president will express concern about what putin is doing at the border with ukraine >> is president biden prepared to warn that there's the possibility of u.s. military involvement if russia invades ukraine? >> again i'm not going to get ahead of the president's conversation. >> has there been any discussion about increasing military aid? >> i'm not going to get ahead of decisions one way or another that the administration may or may not make here. reporter: well these satellite images seem to conflict with the kremlin's claim that they're not planning an invasion as the cia director william burns points out this winter looks attractive for russia from a tactical pov. we don't believe that putin, we don't know that putin has made up his mind to use force, but what we do know is that he's putting russian security services and military in a place where they could act in a pretty sweeping way. reporter: this summer president biden ended the war in afghanistan, this winter, he's trying to avoid seeing a new war start in eastern europe. >> history is repeating itself. when russia invaded crimea under barack obama, there were no repercussions and they know that joe biden is projecting weakness on the world stage. reporter: president biden got off to an earlier than usual start. he and the first lady have already been to the world war ii memorial here in washington d.c. to commemorate the 80th anniversary of the pearl harbor attacks but he is back here at the white house now getting ready for that call that we believe starts within two hours. back to you. steve: all right, peter, thank you very much. live from the white house, now let's dial in somebody who used to work in that building behind him, kayleigh mcenany, former white house press secretary and she's got a brand new book coming out today called "for such a time as this " and we'll talk about that in a little bit. >> thank you. ainsley: congratulations on the book. >> thank you. steve: so today they have a secured video call. the last time they talked, our president said you better stop with the ransomware attacks from russia. they continue, so you wonder if vladimir putin is actually going to be less ebbing. >> i don't think he will be listening to words. what vladimir putin understands is one thing and it's action and it's strength. he understood when president trump expelled 60 russian intel officers, he understood when the consolate presence was shutdown on the west coast, he understood sanctions, he understood as robert o'brien said we sanction more entities russia there's virtually nothing left to sanction and that was the trump action but now we have biden words and biden actions like greenlighting nord stream two, you brought it up, brian giving the hacking list like these are off limits but go hack these entities it's essentially a green light so unfortunately there haven't been a lot of tough actions on russia so i think the words will be hollow. brian: but if the invasion takes place, i think president biden knows he can't afford another foreign policy disaster, nor can his party, so think about the stakes, kayleigh, and how much is scripted, and how much isn't. how much was done in the preparation for this by staffers or is this one of those things where it's head-to-head, we don't know how this is going to go. >> well it's staffers that are preparing this and biden, of course, will be briefed and well prepared by his team. that being said, putin is notorious for knowing how to push buttons, change things, and you have to be equipped, you have to be on your feet and know the games that putin inevitably will play and i'm not certain any of those words describe the current president in his capabilities on the world stage. again i want the best for our country. i hope he's tough. i hope he takes firm actions. i hope that putin walks away understanding, you can't act in the way let's say china is doing with hypersonic missiles or north korea, they are back to their antics, but i don't know if they will understand that because we all see biden's capabilities. ainsley: you stood where jen psaki is standing, and she was dodging some questions yesterday when a reporter from the new york post who is friends and colleagues of miranda divine and he was asking about transparencies. watch this exchange and we'll get your comment on the other side. >> the biden administration put out a big report about address ing corruption and the attorney said that he has finally divested from a chinese investment fund controlled by state-owned entities. i was hoping you could commit to basic transact that transaction. the second question is my colleague miranda divine has a new book out called "the lap to from hell" and i was hoping you could turn that the laptop is indeed authentic and not russian disinformation as you seemed to suggest on twitter last year. >> well on the first, the president's son is not an employee of the federal government so i'd point you to his representatives, and as it relates to the book, i have neither had the time nor interest in exploring or reading the book. steve: well that's news, so she won't answer questions about people who don't work for the federal government. yeah that's what we call a dodge , and yes, you're exactly right on that double standard, but the problem with it is biden told us a year ago, i will not have a conflict with my family members and their business dealings or an appearance of a conflict. isn't an appearance of a conflict when he's on the phone with president xi of china for three and a half hours and we don't know, if at that moment , hunter had already divested his business dealings from bhr partners the same entity that was formed 12 days after hunter went on air force two with biden. that is an appearance of a conflict of interest and jen psaki should answer and not just dodge. steve: all she said is talk to his representative, and the new york post has contacted his representative repeatedly and he's not talking. >> that's what we call a circular i refer you here, back to here and we're not answering any of your questions. ainsley: that's called circling back. >> yes, or refer you to the new circle back. brian: how do you prepare for something like that? for example, when that story breaks and that book comes out, don't you have to study it, when you know there's a book coming out on the president, president trump, don't have you to have some confidence on the things you'll be challenged on? >> if you're a republican because to my knowledge that was the only question asked about hunter biden from the new york post. yes if you're a republican, you could take it to the bank that when i took to the podium the woodward book was going to dominate every single question from reporters but she can walk to the podium knowing it's going to get maybe one or two if peter doocy is in there she gets a tough question. reporter: he's down on the front yard today. we've been talking and the president has been talking about the supply chain crisis, how it's all hands-on deck and he's trying to solve the problem at the ports, and now, they come up with news yesterday that apparently, remember there were like 125 earlier, now they are down to 46 and that sounds really good, except there's a ship tracking outfit called marine traffic and then there's, they say, there's actually 100 ships waiting to come in, but what they've done, they started a new queuing program, so rather than just be right offshore, some of them are 40 miles out, some of them are 150 miles out, there are some sailors who have been on ships waiting to unload since october. so you know, the president can say, i've got this thing all figured out, but it's not figured out. >> no, they will take a victory lap, you're exactly right, steve it's a shell game, because there are just 150 miles out instead of just waiting there in the port. meanwhile, you know, i watched your last segment who eats a bagel without cream cheese, you can't, but 90% of small business owners say they have supply issues it's a huge problem is o no victory laps are merited. ainsley: it's affecting businesses, you've seen the headlines these bagel owners that can't get their cream cheese and it's one thing if you can't get it at home, it's another when it is your business , watch this. >> time is money too, you're running around all day, on the phone all day trying to get it from everybody and then when you can't get it you're running around to stores trying to get it so you're not in your store as much as you have to be. i get an order at about 5:30 in the morning and i spoke to my guy and he said we're waiting for a truck to come in i'll let you know by 9:00 if i can get the truck to come in, so my question, my thing is, i'm about a week, week and a half on cream cheese, after that, i don't, if they keep up with the shortage, i really don't even know what to do other than make my own, try to make my own i guess. steve: or he might have to start using tofu cream cheese. >> oh, goodness, no. steve: he's indicative of the fact that all across the country, there are people who can't find things at the grocery store. forget about our christmas gifts can't get the kids one of those things, there are other options but if you want a particular food item and it's not there, it's like what happened? >> yeah, exactly and then the business owners suffer the repercussions. yeah it's the consumer, of course but you know, small businesses slammed by covid, slammed by vaccine mandates, slammed by lockdowns and now slammed by supply shortage and slammed more by a white house who says you have no problems we mixed it there are ships in the ports. brian: with you imagine if one of the things you asked for christmas was cream cheese so not only do you not have it. it's terrible. let's talk about in-fighting amongst republicans a little surprised to see failed senate candidate, senator purdue, go down, i guess he wanted president trump to see if he cohen doors him to run against warnock this time, he didn't get it, left mar-a-lago and now he's going to run against brian kemp. does this hurt or help the party? >> look i trust republican primary voters to decide whose best for the state of georgia. i think you're right to hint at the preeminent concern is making sure stacey abrams is never governor of georgia. i know to know in fact she doesn't become governor of georgia, and it was recently this race put into toss-up category by cook political reports so whichever candidate can beat stacey abrams that's who it needs to be. steve: today is your big day tell us about the book? >> yes, i'm so excited and ainsley thank you for having me on ainsley's bible study. ainsley: we watch it on fox nation. >> so it's about my faith journey and the white house there were ups and downs and big downs like the president getting covid-19, and in life there are ups and downs by my saviour jesus christ has been right beside me and he shows up especially during the valleys in life and that's what the book is about there's a lot of bible versus and inspiration and more than just my time in the white house, it's about me battling the breast cancer gene and so much more. brian: also you have the oxford background, the harvard background, the cnn background, first off what did you get from harvard? >> from harvard i lefted how to battle leftists, because a lot of my professors and colleagues were leftists and adler of those institutions which aren't necessarily conservative ones prepped me for that specifically cnn panels where i was constantly outnumbered. ainsley: first year law school in miami, south florida and her professor said you're so smart, i hate to lose you, but i really think you need to a play at harvard, she applied, got accepted and finished out her law school there. for such a time as this , you're an incredible christian, an incredible woman, mother, wife, and you've done so much at such a young age, i'm very proud of you. >> thank you, ainsley. thank you so much. brian: do you want to read an excerpt? steve: if it was in the tele prompter we could. brian: i have it memorized. >> it's about i was in a meeting, bill barr, myself and everyone was telling president trump, get out of the obamacare lawsuit, sir, we can't be in this it's going to be tough to fight this battle during an election and he looked at me and said i'll stand with my base and the voters who put me there and told me a lot about president trump promises made, promises kept and i got to see it firsthand in meetings like that. brian: a lot of the turbulence you have here but you give us the inside perspective and also bring what it was like to take the fire. >> thank you. brian: watch "out numbered" and we'll watch you all throughout the day. ainsley: carlie has headlines for us. reporter: that's right good morning and congratulations on the book, kayleigh, going straight to the top. we've gotta get to headlines starting with this. the chicago police department canceling days off for officers beginning on thursday. this following another weekend of violence in the city, and after a bus driver was jumped by a large mob in the middle of the city. nine people killed and 19 others injured in shootings throughout chicago over the weekend, the democrat-run city has faced an increase of crime with 739 people killed this year, this as the police department faces staffing shortages amid the defund the police movement. >> hawaii declaring a state of emergency after a massive storm brings catastrophic flooding and widespread power outages. the island chain facing threats of flash flooding, lightning and landslides from the slow-moving storm on maui. thousands are without power as the storm dump more than a foot of rain in some areas. authorities are urging residents to have emergency plans in place >> chris cuomo is reportedly planning to sue cnn if they refuse to pay the remaining money in his contract up to $18 million. cuomo sent his former cnn boss knew the extent he was helping his brother, and that there were no secrets between the two, after losing his gig at the embattled network, chris cuomo is now no longer hosting his radio show, "get after it." >> and here are some of the most , oh, boy, mispronounced words of 2021, i'll do my best. they were compiled by the u.s. captioning company, which captions and subtitles realtime events on tv and in courtrooms. here they are. that is a trendy term used by gen z, omicron, the new covid variant, that was recently identified, although it sounds like it should be omnicorn, there's no n, and chipotle, that one too, gets them people, the name of the american fast food chain. how did i do? producers are testing me there. brian: you did go. ainsley: i think people say chipotle, right? >> i don't know what cheugy is. it's not company-otle. steve: next time say okay here they are and put the word up and then you say "next." >> well i said i didn't know what cheugy meant but then i did google it and this is going to end up on a late night show. i believe it's a term that makes fun of millennials for being old , which is me, which is why i didn't know the term. ainsley: there you go. brian: indeed. a little rivalry going on. >> it's all right ainsley: just for the record you're not old. >> thank you. see you guys. brian: still ahead why would cnn anchor don lemon texting jes se smolette and civil rights attorney leo terrell reacts from the trial. ainsley: fox nation is turning into your holiday movie headquarters this year, we have a sneak peak of three new movies that your whole family will be able to watch together. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. from the beginning, newday has been the mortgage company experience the power of sanctuary for enlisted veterans, helping thousands buy a home, get cash, or lower their mortgage payments. we start by asking one simple question: how can we help that veteran? with more ways to help more veterans, no bank, no lender, no one knows veterans like newday usa. [upbeat acoustic music throughout] [upbeat acoustic music throughout] every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities. steve: welcome back to fox & friends in just a couple hours, jussie smollett, the actor, will take the stand again, for cross- examination after testifying under oath yesterday, there was no hoax in yesterday's testimony, the former actor also revealing cnn don lemon personal ly texted him to tell him that the chicago cops didn't believe his story. fox news contributor and civil rights attorney leo terrell is here with reaction. leo good morning to you. >> hi, steve, how you doing? steve: i'm doing okay. so, day one, where he takes the stand himself, in his own defense, you know, he stands accused of six felony counts of lying to the cops, how did he do >> oh, he's doing terrible, steve. let me tell you right now, you're watching jussie smollett 's last acting performance. the only person who believes jussie smollett is jussie smollett. he has no credibility in this story, and basically, what he is trying to do is change his story from what he said previously, and there's going to be a jury instruction that says very specifically. if you disbelieve a witness on a particular part of the statement , you can disbelieve his entire testimony. i question his attorney, steve, if she's allowing him to lie, she's going to have ethical problems and i'll make one other final statement. his comment about he's a black man, he didn't trust the police, i'm a black man, i do trust the police. this guy is all over the map. steve: well and remember, initially, when he saw the body cam video where he had that neuc e around his neck and i think yesterday, he revealed, yeah, i took it off but then i put it back on when the cops came, because let's see , his creative director, a guy by the name of frank gaston told him to put it back on, he said put it back on, you don't want to mess with the evidence but he's already revealed he took it off. >> right, and there's where the credibility, let me make sure people understand this. he is not a kyle rittenhouse. kyle rittenhouse went up there and told the truth. he's more like the alex baldwin interview of last week. this guy is an actor. his ego is so big, he honestly believes he can lie to the jury. the jury is wise, trust me. i've been a lawyer, i'm telling you right now, the jury will not buy his story. the only thing he's hoping for , steve, he's hoping for one juror to say no, agree with him, so he gets a mistrial. he is not going to be acquitted. steve: right, but you know, the problem for him is the fact and we've known this for months is the fact that the brothers who he reportedly hired, you know, as soon as the cops talked to him they go yeah, he wanted us to pretend it was a hate crime. they spilled the beans from the get-go. >> right, and their story has been connell: consistent and they are believable. look, jussie smollett wanted to create something for himself because of his small ego and inflate himself to get a bigger contract. he tried to pretend that haters went after him at 2:00 in the morning. the credibility is impossible to believe. the brothers have been consistent from day one, jussie smollett has been in consistent. he's basically flirting with perjury in my legal opinion. steve: exit question. what's going to happen? >> at best, at best, for jussi e, he might get a hung jury. i honestly believe the jury will reject his entire argument and he's going to be found guilty. steve: we'll see. leo, thank you. >> thank you, steve. steve: all right, 8:28 here in new york city, still hiding history? a new york city museum keeping its theodore roosevelt statue under wraps because of so-called ties to racism, plus a suspect is charged in the deadly shooting of jacqueline avant and it turns out he was out on parole, the beverly hills police chief details how soft on crime policies are making beverly hills a scary place to live. reporter: we're back with headlines, 113 los angeles county firefighters have been removed from duty without pay after failing to meet the december 18 city deadline to get a covid vaccine. the department saying that number could change daily as firefighters update their vaccination status. the city says firefighters who continue to resist the mandate will be entered the process of termination. about 83% of the departments are vaccinated, and about 320 firefighters have applied for an exemption. >> just a short time ago president joe biden and first lady jill biden stopping at the world war ii memorial in washington to pay respects on the 80th anniversary of the attack on pearl harbor. the bidens taking a solemn moment to honor more than 2,300 military personnel killed in the 1941 attack. >> the museum of natural history is covering up its signature statue of president theodore roosevelt, this comes as the statue is set to move to the theodore roosevelt presidential library. the statue has stood in front of the museum for 80 years and criticized of its depiction of roosevelt on horseback beside a black man and native americans. critics say the statue shows racial hierarchy as he stands higher than his companions those are your headlines brian over to you. brian: it never stops unbelievable carlie thanks. california law enforcement sound ing the alarm on liberal justice reform, yup, in california, at the states crime crisis spirals out of control this as the suspect accused of killing 81-year-old jacqueline a vant in her own home is officially charged with murder. aerial maynor has an extensive rap sheet and is on parole and beverly hills is adding more police and security officers to the streets. will that help? beverly hills police chief joins us now. chief, thank you, will this help with the additional officers? >> well good morning, brian and thank you for having me. yes, absolutely. i mean more officers is very important. we've doubled the number of private security and i have great technical systems here to catch criminals and that's the thing. we're catching the criminals and the problem is we're catching them over and over again, and they're being released very quickly without bail, and they're not staying in prison, so we just continue to deal with the same people again and again. brian: how long has this been the case and why do the numbers seem to be rising now? >> well i think this is a confluence of about 10 years of laws and policymaking starting with prop 47 and then ab-109 and prop-57, which essentially de criminalized many of the crimes in california. they also allowed more prisoners to be released back into california streets, and then with bail reform and exacerbated by covid, you have more criminal s on the streets and essentially, the california voters were sold goods that these laws would reduce the criminal population in jails but the money that was saved be used for job placement, drug and alcohol treatment, mental illness, housing, those sorts of things, and we just haven't seen those services on the back end to reduce crime. brian: so chief, now, i think people will start listening to you because when the beverly hills and the pacific palisades, which i understand a holiday party was raided, people were robbed yesterday, i think it was and you said you're going to investigate that. when you start going to the elite neighborhoods and upsetting their life, that's when people start paying attention. that's where the money is, correct? >> sure, i mean that has something to do with it. these events historically safe neighborhoods and of course pacific palisades is not inbev but i'm going to be putting a beverly hills detective on on on the lapd's home task force because many of these crimes are jurisdiction all so beverly hills will get hit one night and then the palisades one night and again these are known groups. my second day on-the-job and i've been the chief for a week now my second day on-the-job we arrested three robbery suspects, we recovered three guns and at least one of those individuals because he was a juvenile was immediately released and back on the streets. brian: homicides are up 12%, aggravated assaults up 8%, robberies up 4%, the white house is blaming covid. do you? >> i think certainly that's part of it because of the cdc mandates and to release more people from jail, and i mean, certainly, i don't blame it on any one thing, like i said it's a confluence of a lot of things, some law making that wasn't really thought out, some policies and things that we could get better. what we're asking for and my cop s like i said i love them. they are making the right arrests, arresting the right people but again and again, so we just need some help from the public and the politicians to change some laws here and policies. brian: about time people listen it's just logical. it's not that complicated. i guess you got to put the other propositions to back law and order on the ballots next time. chief, thanks so much. >> thanks for having me, brian. brian: you got it have a good day. meanwhile, the white house announcing a diplomatic boycott of the beijing olympics over human rights abuses and there's a lot of them but is that enough of a message to send to china? former white house press secretary joins us live, next, and fresh off his appearance with greg gutfeld. >> the biden administration will not send any diplomatic or official representation to the beijing 2022 winter olympics given the pr scenes ongoing genocide and crimes against humanity, and other human rights abuses. steve: there you got the white house announcing a diplomatic boycott of the beijing olympics over human rights abuses by china, but critics say it doesn't do enough to send a message to china. ainsley: here to react fox news contributor and former white house press secretary ari fleischer. good morning to you. >> good morning. ainsley: so senator bill haggert y says that's not enough instead of not just sending officials we need to pull out completely. what do you think? >> i'm glad to see they are doing something but certainly it's not enough and what happened to the biden administration being the one that the world's we're back, we're back, how come this was a unilateral announcement? where is the rest of the world? i thought president biden could lead the world. brian: he was on the phone with them yesterday talking about russia. >> yeah, so if he was stronger you'd thought france, britain, all the western nations, many other nations would have joined with us a multi-lateral announcement it's just us but at least they are doing it. look when it comes to sports boycotting the olympics, you know i'm very mixed on this. i work in the world of sports, these athletes spent a lifetime getting ready for the games and they aren't politicians, they aren't involved in politics. the group i'm looking to is america's business community. they need to start winding it down and winding it away from china. the more we invest in china the more we prop china up. brian: they were condemning georgia, pulling out of georgia because they don't like the election law. why perfectly happy in beijing? overlooking the concentration camp housing muslim wegers. >> and this is where the power is. china has become an economic juggernaut because of the rest making the rational decision to make money in china but the time has come to put morality over money and this is where the business community has power , and can do things that will hurt china and they need to do it. brian: right. steve: congresswoman from california, republican by the name of michelle steele is sending a letter to the 17 official sponsors of the commercials of the olympics, essentially saying, are you okay with what they're doing, because we're not okay with what they're doing. >> and i welcome that. i'm glad to see the pressure but here is the difference. the left is so good on the grassroots level of lighting everybody at coca cola up from the ceo to the entire board. the right doesn't do this so when there's a cause like this , which is largely led by the right, when it comes to china, the grassroots doesn't light these guys up and threaten boycotts and economic harm. steve: are you suggesting they should? >> yes. yes. if you don't organize to put pressure on america's corporate community they follow the dollar if you create pressure like the left does, then they start to reconsider and say we're getting a black eye because we're doing something morally wrong. ainsley: it's too late to change the location though, right? >> yeah and this is a big issue for the future of the international olympic committee. when they pick a place to host the games it's ridiculously expensive, hard to do, so typically you've gotta have a heavy-handed government that can do these things and pay for it and that has led them to russia, its led them to china, its led them to places that put us in this bad moral spot. brian: i know brazil had it for a few years and they still haven't dug their way out of it so the ioc gave it you knew it was going to be a problem but if they boycott los angeles, the whole olympic games could fall apart. >> if china doesn't show up at the games in los angeles, i don't think we'll be missing a whole lot. ainsley: i don't think anyone will care. steve: thank you very much for joining us. >> thank you, guys. ainsley: let's check in with senior meteorologist janice dean for a fox weather forecast. >> hello good morning and fox weather.com if you want america's best weather you want to download it because it's going to tell you all the details on this coastal storm that is forming in the next 12-24 hours. look at the temperatures, three degrees in fargo, 14 in chicago, the coldest air of the season has moved in, so any of that precipitation that moves across is going to be in the form of snow. all right, here is your future track an area of low pressure developing across the coast. we weren't thinking it had the potential to be a blockbuster yesterday but not so much today although we will get measurable snow for parts of pennsylvania, new york, towards new england again the biggest snowfall totals will be in maine here is one of the other reliable forecast models the american model and again along the coast, not much of anything. if we do get anything along the i-95 corridor it's a rain event so we'll watch that area of low pressure develop also more heavy rain into the west coast dealing with more snow for the west and we have been talking about hawaii, we call this a low and it forms and brings incredible amounts of rain to the islands here we actually have blizzard warnings for the higher elevations on the weekends so we'll keep you up-to-date on this looks like the rain will start to taper off in next six to 12 hours. foxweather.com to get your latest weather on your app on your phone, and i know you all have it, right? it's amazing. steve: we do. ainsley: we do. steve: and aloha from hawaii. brian: thanks janice. still ahead, christmas movies looks no further. fox nation has three new films, sure to warm your heart this season, but -- steve: i've got a feeling bill hemmer is cozying up with a mug of hot chocolate watching those movies. bill: dana just made a fresh cup actually. it's quite good. that fox weather app is amazing. it's very effective. ainsley: put in your wedding date and see if it's going to rain on that day. bill: oh, really? ainsley: keep that in mind, bill bill: i'll get back to you on that good morning guys great show. biden and putin now who gets the upper hands toward the day, general jack keane on that. the partial boycott of beijing senator tom cotton has ideas on what he thinks would work, crime is crazy, bail reform is coming at a price from new york to california, the latest case and minutes as dana and i see you shortly, 12 minutes away top of the hour. 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 ♪ entresto is the number one heart failure brand prescribed by cardiologists and has helped over one million people. it was proven superior at helping people stay alive and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor about entresto. small businesses like yours make gift-giving possible. or high blood potassium. 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. ainsley: well, christmas has arrived at fox nation and in addition to all-american christmas tree lighting special you can stream all kind of amazing christmas movies like this one. >> hey, it's good to see you. >> don't call me that. >> let the man in, will you? he's going to freeze to death out there. >> daddy will you explain to me why you're not surprised that mason wyatt is at our front door >> because i asked him to dinner. hey, stop that. ainsley: [laughter] here to give us a preview of that movie christmas in the smokies, and so much more, fox nation host abbey hornacek. >> you're telling me that i get to spend time with you talking about christmas movies? i have such a tough job. ainsley: i'm the one whose fortunate because i get to hear about this and spend time with you. tell us about this one, christmas in the smokies. it's about shelby and her family and shelby is trying to save her family's berry farm and it really captures the christmas spirit because the entire community is trying to rally behind this family to save their farm. unfortunately their efforts fall short, so shelby has to enlist the help of mason who showed up at the door there, if you can't tell they used to be in love, and they are the dad still likes him, the family loves him so does the community by the way, but shelby is not having it. he's trying to win her back and she has to enlist his help because he's now a country star to help save the family farm. do they rekindle their love, ainsley? i don't know you'll have to tune into fox nation. ainsley: they normally do. christmas in the pines what is this about? >> this one might be my favorite, i'm not choosing but if i had to it be this one about a journalist and an architect and both put an offer in on this little cottage that's adorable and then they find out both of their offers went through, so the law is, whoever leaves the property first has to forfeit the rights to the house so they are trying to get on each other's nerves neither one is leaving and i don't know a love story as well it might be. ainsley: then they can both have the house together. >> those actors by the way are married in real life. i looked it up. ainsley: that's great i'll have to watch that. christmas in the wild. >> so this is about a new couple, and buck is a forest ranger and he gets a call to an avalanche, and yes, his girlfriend wants to spend christmas together, but she gets in her car, gets a dog sled, tries to get people's help on the way to find him in the wild so a lot of twists and turns and you have to find out if they make it together. ainsley: all these movies are family friendly, right? >> they are, each of them, which is what i love about fox nation right now because we have all this christmas content, we have original content for these movies and more and i don't know about you ainsley but i love to turn them on with my family, and something to do at night after dinner, maybe while you're decorating the christmas tree, sitting in a living room like this one, the fox & friends living room, and it really brings the christmas spirit to the home. ainsley: put on your flannels, get in bed watch these movies. >> that's what i did last night to prepare for the segment. ainsley: sometimes i can't sleep in the middle of the night, so these are great. >> thank you, ainsley. ainsley: this holiday season sign up for fox nation just use the promo code "celebrate" to get 35% off any yearly plans only at foxnation.com. more fox & friends just moments away. >> ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. before nexium 24hr, anna could only imagine a comfortable night's sleep without frequent heartburn waking her up. now, that dream... . ...is her reality. nexium 24hr stops acid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn? hi, my name is tony cooper, and i'm 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 are 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 coinsurance. 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, hospitals 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 silver sneakers 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 zero-dollar copay. you get all of this for as low as a zero-dollar 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 could save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. >> johnny mathis very much alive. >> he is 80 something. i saw him sing at the ronald reagan lighting of the christmas tree. >> look how gorgeous that is. blue mountain resort, in pennsylvania. >> 30 degrees there. going for a high of 40. >> i would love to have him sing if you guys can book him. >> bill: here we go. it is joe biden's turn. how will he manage moscow and vladimir putin? president biden will hold a video call with the russian president later this hour and the goal is preventing an all-out invasion of ukraine. big stakes as we say good morning. i'm bill hemmer in new york. >> >> dana: i'm dana perino. it's "america's newsroom." the videoconferences is what the president likes to do. these are all by zoom. i have to imagine it is a little unsatisfying for both parties. >> bill:

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