christmas shopping season. also breaking tonight senate republicans with the help of democrats vote to block president biden's federal vaccine mandate for private employers and a live report where things stand right now and what happens next. jurors and the jussie smollett trail will reconvene and hours after deliberation set to resume a second day. the legal panel standing by the live to weigh in and we began with the americans crime crisis and rising tide of criticism of progressive policymakers refusing to acknowledge or address the problems of some of their cities. cheap breaking news correspondent trace gallagher is on the case tonight good evening, trace. >> three weeks to go in 2021 more homicide records could still fall but for at least a dozen major u.s. cities, this has been a year to forget. philadelphia leads the list with 521 murders breaking a record set back in 1990. five other cds toledo, baton rouge, columbus, indianapolis and louisville broke mike broke on the side records in 2020 and the deadly dozen handed out by portland, tucson, allston, albuquerque, st. paul and rochester, new yor. here is a police captain, watch. >> this is shown by the black legislation to help protect the victims and the witnesses. this includes catch and release policies and probably one of the biggest reasons for lack of proactive policing right now which is a direct result of a lack of support for politicians as well as a responsible reporting by some media outlets. >> meantime los angeles and new york haven't broken records for murder but is definitely high. far less los angeles district attorney george gascon with a recall for soft on crime policy held a news conference today. the chief correspondent jonathan hunt reminded him of the recent high-profile murder, a series of smash and grab robberies, and countless other senseless attacks, watch. >> what did you and your policies bear as responsibility for this? >> i know you hear a lot of misinformation concerning this particular wave of crime. >> los angeles county sheriff says he is living in a fantasy world and its not about to change. watch. >> you can be recalled. i cannot see him doing a 180 and saying that is a bad idea. no, he will double down on stupid. >> new york police commissioner echoes that saying the problem is putting dangerous criminals back on the street. mayor bill de blasio with a news conference today and despite noting significant increases in virtually every category of crime, both men tried to exude confidence. de blasio even called new york the safest big city in america though an ever-growing number of victims would likely disagree. shannon. >> shannon: i suspect you are right. trace gallagher, thank you very much. last night we brought you the breaking news of images of the fox all-american christmas tree set of leas. we are learning more about the suspected arson is who was taken into the police custody. the nypd says craig tamanaha who is homeless has been charged with arson and criminal mischief among other charges. the motive is unclear, however, craig tamanaha has prior arrests, many on his record. >> it is an individual that is known to us. he has a series of low-level arrest and drug arrests. he just earlier this year had appearance tickets and didn't come back to court and something very we see too often. >> shannon: we are happy to report a new tree is around-the-clock under construction. it will be ready for a new lighting ceremony live 5:30 on "the five." fox news media and fox news corporation a $100,000 donation to answer the call which provides financial assistance to fallen service members of the fire and police department in new york. a big thank you to all of them for their swift and brave work on that case. as low democratic support for biden vaccine mandate the businesses show a crack. the major review for the federal mandate tonight on capitol hill. made possible by two senators from the president's own party. white house correspondent kevin corke tracking that for us, good evening kevin. >> evening, shannon. i want you to think of this is a political slap in the face with riding gloves. bipartisan review from the vaccine mandate on large businesses by the senate tonight. the upper chamber voting to repeal vaccine mandates that vote 52-48 although it should be noted that a companion petition over in the house is still short of 218 signatures needed to force a floor vote. still, the tally today crystallizes the ongoing challenge. the white house faces over how best to navigate the fight against viruses while keeping the economy functioning high level. for some lawmakers, the vote was about more than that. >> i don't think the government has to make every decision for the private sector. >> to the border patrol, if you are not vaccinated you will get fired. if the same time you have an overrun border with people coming into the country and tested come unvaccinated. and i think the mandate has made it worse in terms of hardening people. who don't want to be told what to do. >> i've heard a lot from my businesses in the state of montana. they have told me it will be in a heck of a bind. and so i think they should have some relief. >> democrats including new york chuck schumer blasting there for as ridiculous and antiscience warning it could prolong the pandemic problems and facilitate the emergence of new covid variance, shannon. >> shannon: okay, kevin, you are following a report for the white house secretly working with news organizations to get more favorable coverage for the president. and some unflattering headlines like the economy. that has been widely reported. what can you tell us about that? >> clearly unhappy with the unflattering coverage to look past month notably the problems with inflation, gas prices are soaring. the covid response, the supply chain problems, southern border completely overrun with no end insight and of course afghanistan departure. to that end it is commonplace for administrations to invite news organizations to the white house complex for exchanges that are meant to reframe or reshape perspectives and coverage story lots. but the latest effort, shannon getting a lot more attention now because of the fact it is generally thought to be a sign the rows come with blooms off of the rose, if you will. in the case of a democratic administration and especially when you consider the largely democratic sympathetic press is really saying something especially for administration this relatively young. that could be a problem. they were knocked off kilter by the coverage and it may not get better anytime soon. >> shannon: we have some polling they will not be thrilled about. and they have their opinions too. kevin, i will see you in a few minutes. >> see you soon. >> shannon: the pushback federal vaccine mandate growing tonight as negative poll numbers to roll in from high-profile democrats primarily for the president. let's bring in the panel, with the health political headlines fox news medical contributor dr. marty makary and former trump 2016 and 2020 senior advisor bruce lavelle, welcome back to both of you. >> things, good evening. >> shannon: i want to start with something dr. fauci had to say about the broader good versus individual freedom here in the united states of america. >> i would prefer and we would all prefer that people would voluntarily be vaccinated, but if they will not do that, sometimes you have to do things that are unpopular but clearly supersede individual choices. >> shannon: bruce, where does the line get drawn on that? >> thanks for having me. the line gets drawn what happens to we the people by the people, shannon? i'm a business owner in atlanta, and i see where the business friends across the country are having some major issues. it is like we have governed ourselves for so many years and handled air balance she's come employed the employees, take care of the customers. i think we understand how we can govern ourselves and to make decisions, especially from a small business owner and how we will govern employees whether to get the vaccine or not get the vaccine. earlier in the segment you noticed a gentleman, you know between the southern border overrun and all the things happening, you would think that he would let the private market have a natural progression and let it take care of itself instead of making the american people say, hey, you need to take this right now or else you will be fired. >> shannon: that is being played out in so far not gone well for the federal mandates out there. i want to talk about something else that the times is reporting today because you heard there is a delay or request for delaying information with regard to the vaccine. they were headlines said "fda now need 75 years to fully release pfizer covid-19 vaccine data." the vaccine attorney we have had on the show said this "if you find what you are reading is unbelievable that is because that is a token for mandating americans to take the product, prohibit from doing for harm but refused to let the american see the data underlying life insurance. what do we make of that? >> 75 years goes pretty quickly. so may be a reasonable amount of time. the doctors from harvard, ucla, yale put in this request and they did not get answers they filed a lawsuit but the fda doesn't want to share the results of pfizer application and several related death and people are wondering why and eight child a 14-year-old boy from michigan died after the second pulse of the vaccine and otherwise healthy according to his family. the cdc said they would immediately investigate. so the question is what was the result? no one ever heard of anything. these are the answers that no one wants and the previous point the vaccine has intensity when not forthcoming and honest with all the complications albeit holter rare. it does drive hesitancy. >> shannon: recent polling and quinnipiac i want to show the president has really people brought him to and a lot voted for him on the basis of the fact they were going to be able to maybe be better with covid but his numbers have shifted, april 64% approved how he was doing covid-19 and 29% disapproved, those numbers have flipped 45% approve and 55% disapproved in one of the many areas where the white house is having a tough time. >> i will say in the 30s unfortunately, shannon. listen, they brought this on themselves. they had main tech, mainstream media and went out and drafted a full's narrative during the campaign and hid in the basement. you have the vice president who has, what, 20%, 30% polling. she dropped out of a presidential run in the primary because the whole campaign was chaotic. i have always had this watch a candidate based on how they govern the campaign will be a reflection if they are to win or prevail. it will show you who they really are. it doesn't surprise me, shannon. it is unfortunate that this will slide deeper and deeper, as you said the chaos on the southern borders and i'm a texan and my friends are watching this. they have the chaos and catastrophe in afghanistan where it took all the equipment and left it behind. it is probably over there in the ukraine with vladimir putin. i don't know. i hope not. but we don't know, shannon, we don't know. >> shannon: in all seriousness, this administration is having struggles. we talked about at the top a couple of democratic votes, vote to enter back the ocean mandate to require private employees to have vaccine mandates for their employees. here are senator chuck schumer on the senate floor today. he is a senate majority leader, democrat, of course. >> some of the anti-vaxxers in the chamber reminds me of what happened 400 years ago when people were clinging to the fact that the sun revolved around the earth. they just didn't leave science or 300 years ago when they were sure or 500 years ago and they were sure of the earth was flat. >> shannon: okay, doctor there is a big difference between anti-vaxxers and people who are anti-vaccine mandate. but the senate majority leader there wants to lump everybody together if you are not for the mandates and make sure everyone take this vaccine. you are a flat earth and don't believe in science. >> there is zero scientific evidence with natural immunity who has circulating antibodies needs vaccine. that is half of america right there. the vaccine mandates i believe were done with good intentions, but they do represent a broken promise. everyone was promised very directly and in very specific terms from dr. fauci and the white house that we would never have a mandate. and so, all we needed was a little more flexibility, and we could have afforded so many problems that have now hardened people. we now need people over 65 to get a booster and some have hardened. some people were making progress convincing have been horton appeared everybody froze in place. by the way, most of society is flexing towards flexibility. tsa given flexibility with deadline came and passed for them to be fully vaccinated and 40% were not three weeks before that deadline. and there was flexibility because people recognize there would be catastrophic to enforce it. >> shannon: a lot of health care programs in hospitals having that realization and being more flexible as well. great to have both of you, thank you so much. >> thank you for having me. >> shannon: for special counsel john durham under investigation of the origins of the fbi probe into alleged ties between former president trump 2016 campaign and russia moving forward tonight. following wednesday's augments for the attorney for the special counsel, former clinton campaign attorney, michael sussman i'm at the details and updates for you tonight, good evening, david. bickel shannon, good evening, earlier today both sides met before a judge on the phone and argued about the classifying sensitive information. michael sussman's team pleaded to move the trial along as soon as possible and set a date and a judge to set a date but looking at late may, early june, the former campaign attorney charged in september with lying to the fbi and specifically lying to the general counsel james baker during a conversation that took place just before the 2016 election. special counsel john durham said he went to the fbi and deliver the information he knew was suspect about donald trump's campaign, communicating with the putin government with a russian bank. that information turned out to be foals. the indictment said he went to the fbi and failed to disclose he was working on behalf of the clinton campaign. the new court filing said michael sussman did disclose his client though he mentioned cybersecurity experts in a meeting with the fbi. >> i think it is a very difficult case for the government because they have to prove what was said, which would be not an easy thing to do. a difference of recollection between baker and microsoft's men. they have to prove that the thing they say was false was knowingly. >> as where john doran goes from here, there are two possible options my shannon one indictments are for durham and speak for themselves and will have a report tied to the clinton campaign to pedal a fake story about donald trump and russia to the media and the fbi. what we do know for certain john durham's budget was recently renewed and confirmed by attorney general merrick garland. that means the durham investigation continues, shannon. >> shannon: david spunt, thank you very much. trapped in her car after a crash in the niagara river is dead tonight that is despite a rescue attempt by the coast guard executed just 50 yards away from the actual fall, the gripping video shows a coast guard diver lowered from a helicopter extricated the woman from emerged vehicle despite the roaring rapids. not clear if she was alive when she was recovered, but she was pronounced dead at the scene later. an investigation underway and the police to comment how the car ended up in the water. coming up, knock-knock, who's there? a homeowner gets an unusual visitor and recognize his face. comedy legend with south carolina and a drive through.d to today's best viral videos are next. his ♪ ♪ for every budget. we're here making smiles shine bright so you can start the new year feelin' alright. call 1-800-aspendental or book today at aspendental.com motrin works fast to stop pain where it starts. like those nagging headaches. uncomfortable period pains. and disruptive muscle aches. you can count on fast, effective relief with motrin. i am robert strickler. i've been involved in, communications in the media for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. 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work fellas. moving on firefighters to retrieve a kitten with a humane society, and spending more than a week trapped at the bottom of the storm drain and took them a couple of days to close the little kicky, kitty out. the animal was to the animal hospital for treatment. adopted by none other than the firefighters who helped rescue it. how sweet. up next home security camera capturing this. check it out and you have to watch closely a fireball across the alberta sky. the american meteor right society hard a sonic boom at the same time they saw the fiery spectacle and finally, chevy chase making a surprise visit to south carolina chicken restaurant while in the area for special screening of holiday classic. one of the greatest movies ever made, national lampoon's christmas vacation and we watch it every year without a doubt and sometimes more than once. raising cane's restaurant, 78-year-old chase decided to work behind the counter and eventually the drive through let him do that too, cracking a few jokes with the customers and interacting there. glad to see it. if you have a video to share with us, hit us up at shannon bream on the website. a potentially landmark case involving who decides where your children can go to school is now in the hands of the supreme court. justices heard arguments today in a matter to access to choice. gillian turner shows us tonight. >> before the court millions of parents across the nation inserting their rights. claiming they want greater stay over with their kids go to school and what they are being taught. in this case, the carson family alleges the state of maine violated their constitutional rights when denying them permission to use taxpayer-funded with make-a-wish foundation to send their daughter to a religious school. chief justice john roberts said the government should remain neutral to religious and nonreligious schools. you are discriminating religions based on their belief. >> and counter that argument. >> if the state must give money to the schools, they are going to get into all kinds of religious disputes. >> the attorney general tells fox news nothing ends the constitution requires maine to include religious schools in the public education system. the parents concerns don't stop at the school gate. >> good morning, boys and girls... because the pandemic exposed major problems inside the classroom too. they insist school choice is crucial. >> we had remote learning in zoom we saw what was taught and the parents are not happy. >> a lot appearance, they just assume you send your kids through the doors every day, that it is going to be focus on math, science, reading, writing history. >> over 1.5 million schools pull from school this year after the national center of education statistics. the nationwide enrollment in public schools is down 3%. enrollment in kindergarten, down 9% and enrollment in pre-k is down a whopping 22%. shannon. >> shannon: gillian turner, great to have you back, thank you so much. kevin corke is back for one of the favorite topics. this is a crazy one. i can't believe some of this. >> i know. these names are unreal. okay, rover is an online marketplace for pet care and x-ray has relieved its ninth annual report of the years most popular pet names. are you ready, shannon? >> shannon: i am. >> top female dog names 2021 pella, luna, lucy, daisy, and zoe. the top five for male dogs max, charlie, cooper, buddy, and milo. other names, fauci was first debuted. >> shannon: you name your dog fauci? >> first debuted in 2020 and whopping 277%. the dog named covid. >> shannon: okay, your dog should be taken away from you if you named your dog after a deadly pandemic, no! >> i knew you were going to set that up 5%, zoom 440% the training dog name of the year from amanda lorenz. in case you want to think of top cat names luna, bella, millie, oliver. >> shannon: if you name your precious little pet after a deadly disease, i do not get that. i do get zoom because everybody's pets out there have made a lot of appearances for meetings, some barking. some of the podcast my barking. that it was the last few or too. >> i have a name neighbor who named their dog facts. facts is better than covid. >> shannon: that is positive. kevin you find the greatest stuff including good news we have coming up. >> good news coming up i will see you in a bit. >> shannon: we are awaiting a verdict in the jussie smollett trial and the actor with a hate crime against himself. will he be convicted? if so will he face jail time or charges on perjury? our legal eagle is up next. ♪ ♪ replace. ♪ every business is on a journey. and along the ride, you'll find many challenges. ♪ your dell technologies advisor can help you find the right tech solutions. so you can stop at nothing for your customers. a lot of people think dealing with copd is a walk in the park. if i have something to help me breathe better, everything will be fun and nice. but i still have bad days... 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fast that's why i chose shipstation shipstation helps manage orders reduce shipping costs and print out shipping labels it's my secret ingredient shipstation the number 1 choice of online sellers and wolfgang puck go to shipstation.com/tv and get 2 months free ♪ ♪ >> shannon: day eight in the trial of jeffrey epstein confidant ghislaine maxwell. the boyfriend of one of her accusers took the stand largely cooperating the accusers testimony. the pilot of nearly 30 years said maxwell was second only to epstein. she flew on the plane and the accused are not expected to testify, virginia robert spirit virginia and another accuser known as jane flew with them and underage at the time. periods of fourth and final will take the stand thursday. the trial of former minnesota police officer kim potter who shot and killed daunte wright in april during a traffic stop got under wing today. she meant to draw her taser when she drew and fired her gun instead. the mother gave emotional testimony today describing her son but apparently dead on a face time call right after he was shot. prosecutors are argued part or should have known the difference between taser and connell when she shot daunte wright, the first degree but potter's defense argued it was an accident as wright trying to drive away during the arrest endangering another officer. scott peterson sentenced to death 17 years ago for murdering his pregnant wife lacy and unborn son and resentenced today to life without parole. california supreme court ruled last year that the jury was not properly screened for bias against the death penalty. the judge is considering whether or not to grant a whole new trial on the basis of jury misconduct. jussie smollett's fate in the hands of a jury tonight. both sides to deliver closing arguments in the case of staging an attack on himself. correspondent matt finn reporting from chicago tonight. good evening, mount. >> shannon the case went to the jury around 2:40 and deliberated two hours and the judge sent them home at 2:00. and now set to resume first thing thursday morning. in closing arguments today special prosecutor dan webb present at the jury with six points he says destroys his credibility. in short, the police alleged he withheld critical evidence like cell phone data because he never one of the host to be solved. the prosecution also telling the jury misled police about attackers i.d. and lied about tempering in the nature of the communication with the osundairo brothers. arguing middle medical records, that they hold the back. the doctor testified under oath smollett had no known injuries. jussie smollett had in and time motive with black gay marriage and pending music video shoot. he didn't want to pay damage and $3500 for training, not that i will spare the defense attorney telling the jury they don't have to feel pressure to convict just because chicago police spent thousands of man-hours on the case and the defense reminding the jury as a security guard testified under oath he saw at least one white person run away from smollett's team and climbed to one of the attackers was white putative convicted jussie smollett faces three years in prison for probation and community service on the table, shannon. >> shannon: matt, thank you very much. let's dig in deeper into the trial to break down the closing arguments. what if smollett could find perjury charges as well? criminal defense attorney farmer and brian claypool, welcome to you both. >> hi, shannon. >> shannon: one of the things that matt talked about today, he tweeted out and the prosecutor's closing arguments, the six things they say proved he was lying. matt we did, the numbers smollett never signed criminal complaint against osundairos. the police had brothers in custody and smollett indicated he signed the complaint but did not. briana, will that sway the jury? >> i think it will sway the jury, but i think there is other evidence that is going to sway the jury even more and i think the big gaping hole, like a sink hole in the defense in this case, shannon is there is absolutely no motive, zero motive for the osundairo brothers to commit this crime. remember, whether we like it or not, jurors like to have a connection. why did somebody commit a crime? and here, i think smollett damaged himself by testifying that he actually had an affair, a relationship with one of the osundairo brothers pier that he actually wrote a check for $350r personal training to one of the osundairo brothers? well, if you are doing that, you have a good relationship with these two young men. you are putting your training and your health in their hands. so why in the world but they have any desire to want to harm you? i think that is really, really going to be compelling for the jury to find a guilty or determine a guilty verdict. >> shannon: so now we wait for the jury. this is what the defense attorney said in closing arguments today. if you believe like i do smollett is innocent and not guilty, stand up. we are willing to wait. the only principle on the court room is presumption of innocence. i ask you, please be strong. this is not an easy case. constitutional warriors and that jury room because i cannot speak again, molly. >> you know what is interesting. whenever you have a celebrity defended you have interesting results with a verdict and it's not about the weight of the evidence. we heard special prosecutor dan webb say in his closing arguments the state presented overwhelming evidence of guilt. that is absolutely true. but at the end of the day, is the jury going to do something like no live fly or hang an outcome to unanimous decision simply because they like the celebrity in front of them? it is a possibility and not the first time that it happened. >> jonathan turley tweeted that, he's not trying to convince anyone that he did not have the attack but trying to get the jury to vote for him despite his guilt. the question is whether german until mike jurors will cede the same beauty and his tall tale, brian, will it work? >> i think that is a good point. in high-profile trials, shannon over the years, you rarely see the defendant taking a stand but recently what do we see kyle rittenhouse take the stand. you saw in the are buried trial, michaels took the stand. and i do think smollett took the stand and humanized himself and literally cut in front of a jury. did he commit perjury? he was on the stand but it didn't sound like he was committing perjury because he's a human being talking about his life. i didn't stage this. these guys were coming after me and i am a real human being. that can really resonate with a jury. it depends on the lens through that which these jurors are looking. this case is bigger than smollett it is about maga and trump. you have to look at the cultural makeup of the jury too appear that will decide the case. >> shannon: there is a whole think that if he's guilty and the time and the money and effort that the police department put together the detective, chasing leads and trying to prosecute this and investigate as an actual hate crime, national refuse has this a couple of times, if it turns out it seems likely jussie smollett staged a fake crime and lied about it under oath, his perjury should be treated as a matter at least as serious as the original quote. molly, final word to you on that. >> interesting at the end of the day we make what we have to remember about this case and prosecution, originally district attorney kim foxx did not want to go forward with the trail. she dismissed all these charges. if we end up with a guilty verdict and jussie smollett you're reprehensible for lying on the stand, the vitriol towards those who never wanted this to end up like this at all like district attorney kim foxx. >> shannon: it has been very complicated and they get back to deliberations in the morning we will wait. in the meantime, molly, brian thank you for your expertise. >> things. >> thank you shannon. >> shannon: the president of france calling out what nonsense. on the left, jason rantz is up next in the lightning round. go to autismspeaks.org align. fast acting biotic gummies helps soothes occasional abdominal discomfort, gas, and bloating and it works fast. in as little as 7 days try fast acting biotic gummies from align. the #1 doctor recommended probiotic brand. people, with quickbooks live someone else will do your books for you. they'll even pair you with an expert bookkeeper like me, who knows your business. knows your business! expert bookkeepers who understand your business. intuit quickbooks live bookkeeping. >> shannon: vice president emmanuel macron speaking out against woke "nonsense" urging the european union to drop usage of certain words based on gender and things like christmas. that sounds like a good place to start. tonight's lightning round with seattle radio host jason rantz, great to have you back. >> thank you for having me, merry christmas. we went to u.s. well, emmanuel macron says this according to the telegraph comes to explain people what words they should or shouldn't say is not which i totally adhere. it is nonsense basically. all right, that's one of the producers road, if you lost the french president over wokeness, what's going on? >> no kidding. look, the greatest global threat right now is focusing on virtual signaling one's wokeness when you can be tackling issues that matter, a global economy, national security, russia versus ukraine and covid response. and christmas or the term christmas break for a holiday period. what holiday are they talking about? christmas, of course, everybody knows this. this is a document that is in exercise over rhetorical self pleasure, right? no one is offended by the words. they pretend to be offended to claim victimhood and they like that. they like to go on social media that their victims or press because using language that oppresses them. we have to stop this nonsense by their very nature woke activist trying to dismantle the very concepts that keep country strong. we see it happen here, right? they try to go after national unity because wokeness divides in right now, i don't think we can afford it. >> shannon: emanuel is not having it across the ocean. to some of the reporting about a guy listen come a lot of examples but this guy in particular keeps getting bailed out and a problem offender. this is what he wrote, the king county prosecutor's office asked for $25,000 in bail the first appearance tyler martin arguing he substantially likely to commit a violent offense. the judge lowered the case to $1,000 paving the way to be bailed out. what happen once he was bailed out? >> well, right now we don't know where the question is what is he doing right now? we know why he was put in jail and this is a homeless man tyler martin and accuse of couching an officer's eye while resisting arrest. it is disgusting but he jammed his finger so deep into the eye socket that -- this is not someone who should be running around free. how he got else commit was paid by the northwest community dell fund. there are organizations all around the country that effectively indiscriminately paid the bail of people they say are marginalized as if they are doing something that is noble because marginalized. sorry, this is a guy that is a danger. a previous assault against an officer. he didn't do jail time at all and released on personal cognizance of the time. guess what, he skipped out on his next court date. what do you think is going to happen at this point the groups that build these folks out while they want to be heroes? the truth of the matter is they are available in spirit other organizations like them are making life more dangerous for the rest of us. >> shannon: okay and to austin news on chris cuomo. his forthcoming book would have been with one of the prints, we do not intend to publish the cuomo book. there is what he's preparing to sue cnn for $18 million over his contract that paid out. he claims that they knew all along as far as being involved with his brother, the governor and all kinds of things. but now he's out of several jobs, including a radio gig as well. >> on the cnn part, i absolutely am they knew. did they discover something during the investigation that we don't really know the true details of? we have heard of the sexual harassment claim in the past spirit is there something more there? is there evidence that would clearly embarrassed cnn and show something they wouldn't be able to recover from? the same thing for -- either they are privy to details of sexual harassment or they are kind of just suspecting that something more is going to come here. if i were them, look, his firing was the only reason you might want to buy his book. i mean, we would have been told that with the descriptions of his work out routine. but he eventually would have gotten information. >> shannon: maybe he will have a workout book. >> absolutely. i don't want to see that work out. >> shannon: jason, always great to see you. >> thanks, shannon. >> shannon: friendly ohio man hailed a hero after stopping robbery attempt of an 87-year-old woman. sean presley, the guy in the grocery store when he heard the woman scream from an aisle loafer. the thief ran past him and presley said his instincts kicked in and chase them into the parking lot, tackled him before he could get away. good thing no one was injured. the suspect is in custody for the good samaritan sean presley, you are tonight's "midnight hero." kevin. >> he did the right thing and we appreciate that. and the great state of texas for good news, good night at a young girl getting most memorable gift in front of her classmates at the elementary school east el paso. miles was not expecting early homecoming from her mom. she's been awake the past year serving in the navy but disguised herself as a bear and showed up during lunch and that is a reunion we will never forget. for that, a well-deserved good news, good night salute and congrats. >> shannon: i love that. i love those stories, military homecoming. this will make the family right along with the person in uniform. that is it for us in washington. we will be back tomorrow. i am shannon bream. our forward-looking views of the market. 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