stunning the white house and his democratic colleagues on capitol hill. hello everyone welcome to fox news life i am arthel neville hello erica. >> i am eric shawn. the white house as it manchin comments are at oz with discussions this week with the president. adding the president will continue to push manchin to support the bill. this is lawmakers on both sides of the aisle reacting to the center's nebraska republican senator ben sasse earlier today on "fox news live". >> the should be a reality check on progress as they are not on the mainstream. we have live in a divided country a 50/50 senate were living through blood inflation and the american people do not want to upend this country with some nakedly partisan legislation they want to transform everything. >> the meantime the white house is dealing with a surgeon covered cases. just days before millions of americans head out of town for christmas for doctor anthony county's warning to the rapidly spreading omicron variant will take over this winter potentially leading to a new wave of illness and deaths. arthel: for fox teams covers alexis has the latest on the omicron threat. dr. marty makary standing by with his expertise we are going to begin with mark meredith he's fly from wilmington, delaware were president biden is spending the weekend. mark, going to the covid question in a moment let's start with the bombshell from senator manchin. how does the white house move forward now? >> arthel that is a trillion dollar question at this point the white house is likely going to try to answer it with the holiday break. the administration said is still eager to try to get climate and social spending bill out of congress. they still think there's a possibility of getting this done at some point in 2022. but as you mentioned senator manchin's comments certainly will throw water on any progress they were going to make quickly. while they hope he may change his mind and down the road, given what he told brett baier earlier today and fox news sending that's not looking likely. >> this is a no on this legislation. i have tried everything i know to do. and the president has worked diligently he has been wonderful to work with. he knows i have had concerns and the problems i have had. >> up until this my the white house made it seemed like they were confident that manchin would eventually come around. now the gloves are coming off and the white house is ready to fight manchin publicly in a statement that came out this afternoon press secretary jen psaki wrote senator manchin's comments this morning on vox are at odds with his discussions this week with the president. with the white house staff and own a public utterances the white house goes on to say it manchin position on bill back better this morning and will continue to press him to see if he will reverse his decision yet again to honors prior commitment and to be true to his word. now the president's legislative agenda was already on shaky ground out some may argue it's going to be on life support. we have seen the white house try to pivot to other topics including voting rights something the president talked about on friday during a stop in south carolina. we are going to be very curious to see what the president himself will say about joe manchin. it's not going be speaking today we may hear from him tomorrow as he heads back to d.c., arthel. >> definitely a ripple effect of this going to be interesting to see how this all unfolds but we know the president's going to speak on tuesday about the next steps he is taken to fight the omicron variant. were you able to get a sneak preview of what he might say? >> the white house on saturday started to outline what we may expect to hear from the president. but he just spoke about covid on thursday so obviously this is going to be a continuation of what he had to say is going to urge those people who were unvaccinated that now is the time to get the shot is going to encourage people are eligible for booster to go get a booster shot. we are also expecting to talk about the federal government can help these local community's as well as states that are dealing with the surgeon cases. when a government health teams have been going to some of the high-profile places. but with the number of communities now the say the hospitals are overwhelmed to see a number of businesses have decided to change operations, the nba has cited to postpone a bunch of games were going to see what this means for the president not only politically but what this will mean for the country as a whole, arthel. arthel: alright mark meredith alive in delaware thanks mark. and by the way might have the latest on the omicron variant with alexis and doctor carey in just a few minutes. main tennis outrage growing among democrats over at senator manchin's decision to oppose the senate spending bill. lawmakers on the left say they feel betrayed by both the manchin and president biden. on the other side of the aisle republicans are praising senator manchin for not vowing to pressure from the left. alexandria has more from washington very. >> lawmaker reaction ranges from relief on the right to the left are some still think manchin could be swayed and on the far left his decision is being taken as a pure betrayal. >> we all knew it senator manchin could not be trusted. you know the excuses he just made i think our complete bowl. >> they predicted the massive spending bill would fall apart once it was from the bipartisan infrastructure bill. congresswoman alexandria ocasio-cortez tweeted maybe they will believe us next time. congresswoman corey bush said this. >> having those couple together was the only leverage we had. what did the caucus do? we tossed it. while the dispute among democrats continues republicans are expressing gratitude for manchin knocking down legislation determined would cost upwards of four and a half trillion dollars. republican senator lindsey graham said this, i very much appreciate senator manchin's decision not to support "build back better" which stems from his understanding of the congressional budget office's analysis of the bill. >> the reality is the overwhelming majority of the congress knows this bill is crazy even though they are six or seven of them that only say in private with john pierson said with a regularly and publicly correct senator bernie sanders was a sea of boat take place even without manchin support. >> if that is the case that i hope we will bring a strong bill to the floor of the senate as soon as we can and let mr. manchin explained to the people of west virginia at why he does not have the guts to stand up to powerful special interest matrix manchin said lawmakers want to vote on the bill to show where they stand, then they should hold one. arthel picked. arthel: all right alexandria half a thank you very much eric. eric: turning to the rapidly spreading omicron variant it's bring some and unwelcome anxiety to a lot of people during the holidays. more cities across the country nest tightening restrictions and canceling events as the cases are surging. some people waiting hours in line to get covid tests and try to get some peace of mind ahead of the holiday travel rush alexis mcadams live in the newsroom with the very latest on this increase, alexis bray. >> hi eric, events or canceling right now many people aren't on edge this holiday season. the cases are climbing quickly as we have seen and data we've been looking out for the past br show they know omicron variant it is taking over all the other variants we've been worried about in the past. spreading more quickly than ever before but right now hospitals are bracing for the fall out. out in ohio the national guard stepping in cap overwhelmed medical facilities right now the hospitals in kansas and in missouri are doing surgeries trying to keep up with the influx of patients there. the map you see on your screen shows the five states that have the highest hospitalization numbers per 100,000 people. right now indiana is at the top of the list. just over the weekend new york setting another record for the third day in a row. yesterday over 22000 people testing positive for the virus with long testing lines are seen wrapped on city streets. mayor bill the boss you pushing the importance of vaccination today, listen. >> i want to emphasize for the vaccinations we use here in the city in this country these vaccinations work. to lessen the impact of omicron, and to make sure the outcomes from each new yorker are better because they are vaccinated. >> now i'm sort of the rising cases canceling tonight's iheartradio jingle bell concert that was supposed to pull in thousands people in florida. also the nba postponing five more games and top health officials encourage everyone to take precautions. >> vaccinated her unvaccinated on the certain circumstances, masks work and diminishing the likelihood you're going to get infected or that if you are infected and without symptoms that you're going to spread it to someone else. >> now they spike as many people change their holiday plans or canceling them altogether but some doctors urging people to get tested for covid-19 before meeting in large groups. we'll have to see the holiday season plays out, eric. eric: is covered cases rise many americans are wondering if they should cancel their holiday travel plans or scale back their holiday get-togethers. what do you need to know to keep you and your loved ones safe? let's bring in fox medical contributor dr. marty makary. doctor, what concerns you the most about omicron? >> little eric i think the problem is with two entirely separate infections omicron is a cold the data out of the university of hong kong shows it is not invading the lung tissue it is staying in the upper respiratory system, just like a common cold. and we have one confirmed death worldwide. we have very few hospitalizations and bedside observations. bedside observation it is a common cold it is mild. my concern is one in six americans are still vulnerable to delta and serious consequences of delta. that is about 20 million people who are unvaccinated and they are adults. about 25 million seniors who have not been boosted. they are succumbing to the hospital event rate of about 7000 people a day from that group. eric: was the implication for those who are not vaccinated? we know that vaccines work at least keep you out of the hospital perhaps serious illness and death despite covid. what is your message to those who are unvaccinated considering the potential threat from omicron. >> there's an expectation that vaccines were going to eliminate this or eradicated for the goal was always to reduce hospitalizations and vaccines are really good job of downgrading the virus from a serious illness threat to a minor breakthrough infection or asymptomatic case. that is okay people tested positive for the breakthrough infection they're not getting sick not going to hospital that is okay there unvaccinated adults to come to the hospital and they have serious regrets that they did not get vaccinated parts of her adults have no vaccinated immunity in a natural immunity from prior infection encourage them to vaccinate quickly. eric: is that does not affect the lungs are deep in the lungs like the bronchial tubes and wanted 70 times faster than delta, what is the impact to my site important can you explain what the bronchial system is? >> that is right. omicron variant is spreading much quicker and dividing more quickly in the upper respiratory system. the nose and the middle passage is the respiratory system. the lung tissue deep in the respiratory system is only getting infected at one tenth of the rates bring the omicron variant is much so that you replicate in that tissue. we are not saying that cough symptoms and the fever symptoms and the severe illness that we typically see with infections deep within the lung tissue. it is ubiquitous it is everywhere. because as the upper respiratory system you're more likely to blow it off and spread it. eric: i hear friends and friends of friends coming down on this a gathering this week i had a rapid test in the tests were negative a few days later they have come down, tested positive in the case several people this weekend severe like flu symptoms. can omicron invade the rapid test can there be false positives or false negatives? >> the false negative is really what we see in the presymptomatic phase. that is before you have symptoms the rate of a false negative can be as low as 50%. so if you are very concerned you might been exposed to moving to test twice if using the rapid antigen test you buy at the pharmacy. >> they have been to gatherings or people are vaccinated they beat triple fax with the booster and they test negative and think they are okay. but you are saying that may not necessarily be so? >> that is right we have to move to a selective testing strategy in the u.s. we cannot universally be testing everybody frequently who were not going to make any changes to their behavior who are around me and say people who are not going to come down a serious illness. if we keep testing everybody were going to keep see numbers go up but crazy. got to selectively test people who are around vulnerable people and are going to modify their lifestyle. if we test the entire u.s. population, 10% will come back positive. it is not mean they're going to get meningitis it's colonized very. >> people testing themselves and decide of these type of restrictions. finally we know vaccines basically work when you help the president says when he addresses the nation on this on tuesday? >> i don't think it's a urging folks is helping our cause right now perjuring very well encouraging people to get vaccinated. we saw people perceive the heavy hand of government people froze in their positions but let may be very clear the government has mishandled a lot of things with covid. you are out there, over 65 and have not had covid in the past get a booster. it will make life a lot safer. if you are under 65 you're an adult especially if you have a risk factor if you have not been vaccinated and have not had covid you really should get vaccinated. >> finally for those who do not want to listen to the governor have been resistant to that and there are some have health reasons for not getting vaccinated, what is your advice to the viewers watching right now? >> we are done with a pathogen that's going to circulate for years to come. it's a pathogen that affects everyone differently. but never fully accepted the fact the risk is not equally distributed in the population and those who are vulnerable. if you are in the vulnerable group keep in mind many people are coming to the hospital in that group with regrets they did not do a simple test i get vaccinated. >> the result can be tragic as we know. dr. marty makary, good to see you. arthel: a jury will begin deliberations this week and a trial can part of the former police officer charged in the shooting death of daute wright. we'll break down the evidence and testimony with defense attorney prosecutor bob that is up next. those who tried me felt more energy in just two weeks! 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[inaudible] say something to me. [inaudible] he tried i know he wanted too. i just replayed that image in my head. [inaudible] arthel: closing argument suffered tomorrow bring a criminal offense to turn it form prosecuting bob compelling and emotional testimony and both sides. bob, how this raw emotion resignation what about the prosecution what about defense. >> defense is really doing an amazing job with this case, arthel. with the kindnesses under the law are going to going to be read jury instructions. those don't say you can criminalize an accident has to be where there but on the sidewalk people you may not intend to kill them and you do. that would be a conscious disregard for known risk. here the defense of saying this is not conscious at all. she made a mistake and mistake that's made often and mixing up a taser and a weapon. she thought she was chasing the individual that's not a conscious for a known risk. he did not want to fire potter there were no rule violations at the tragedy no question about it. he sang at the simple mistake. potter saying it's a mistake but pretty much all the witnesses the defense's cross-examine is coming up that include the expert witnesses i think the prosecution has a tough row to hoe to get prosecution. arthel: and bobby just said that mistake happens all the time were officers mistake their firearm for the taser, that gives me concern if that happens all the time. >> it is a common action error as they call it. i have something more and has been documented before socket happens every single day i don't have the statistics on it. something the police community knows it's a problem that's what they have the weapons on the opposite side they have been different colors because there's a recognition for attempted interaction that was occurring here the defenses really playing out. they went into the scene he was trying to flee he had a warrant for his arrest, they're painting a picture and i know it's a former prosecutor of cops is now attention span is in high gear here. it's action error of mixing up the weapons is unfortunately something should be trained on much more when it's not the first time it has happened, arthel. the bottom line is a medic it's bad and horrible and it is he should not have died. we have to find beyond a reasonable doubt in all 12 jurors had a conscience disregard. to me if they believe she did not think she had a gun in her hand and you see immediately after the incident that very compelling a body camera of the police officers were she is so distraught and clearly saying it's an utterance i did notice my gun i thought it was my tasting and that's a tough case for the constitution for conscious disregard. arthel: used because for a second part of kim potter's testimony is she said listen i was training someone, another officer that day. quite frankly given the case at all the precautions we are taking now because of covid off on us if i'd not train the other officers i would not have stopped the car who cares about air freshener hanging on the rearview mirror and who cares about a traffic warning she said that on the stand she would not have stopped him. how does that play in? >> it's a terrible tragedy. the reason she said they made the stop she's training the new office or the officer wanted to do it. they had the probable cause to stop she typically would not have because all the other issues they have to deal with. she thought to be a grid training opportunity. i don't think this is going to affect the jurors that much. the defenses that a great job showing officer potter had never had and 26 years a single complaint against her. she is a volunteer and got kids and some people say what is that have to do with anything? what has just as a former homicide prosecutor i would be concerned about the idea the jury may nullify it's a real thing that goes on that's where they say it yes she violated the law with him but given the circumstances we just do not feel comfortable convicting here. i think is a former homicide prosecutor i would be very concerned if i were handling this case i would not be getting a conviction in it. >> it's definitely just said no doubt across the board it's very sad, very sad. i doing to change to another case it's heading to the jury this week is a abuse trial a british socialite maxwell. prosecutors say it maxwell groomed minors to have with a long-term friend jeffrey absent some victim saint maxwell also took part in the abuse. the defense claims the allegations are decades old and the accusers memories are unreliable. so what do you think just in general and what's happening in that case in that trial? >> arthel desisted interesting case to analyze there's no camera slide in federal court lifted go on with the pool reporters and reports of what other people are. but here's my feeling on the defenses trying to say their memories faded they had incentive to test the lie as they call it because of many reasons. the fact of the matter is the defense table to poke holes in some of the story of four separate women coming in here who are pretty much given the same grooming story maxwell was involved in getting them in the presence of epstein and it turns into something sexual and money is exchanged there is just consistency across the board with each of these witnesses. i think ghislaine maxwell is an serious trouble in respect of that. think some of the reason she did not testify. >> bob would leave it there, thank you very much for joining us today it will take a quick break and be right back, thanks bob. ♪ what a pain in the a— —alice? ♪ if it's “let's wrap this up?” season, it's walgreens season. ♪ son of a bi— beth? 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want to bring in florida congressman member of the house armed services committee and former green beret commander who recently visited ukraine with a bipartisan group of lawmakers. congressman, welcome. before we get to your visit when you make of putin's demands on nato and on us? >> well, they are nothing new. we have to remember putin entire career has been at the kgb officer before he essentially become the new czar of russia president for life. he has designs and recurring the soviet union it's clearly using his leverage to see what he can get out of the united states out of the western allies. it should not surprise anyone this is all happening in the wake of afghanistan and the perceived betrayal in the wake of the few other things when it comes to energy diplomacy gas prices as we know were at an all-time high. they are cash and flush right now. also the nordstrom to pipeline the construction is complete. it is about to be turned on. that will then allow russia to choke off ukraine from its gas supply and bypass eastern europe right into germany but then to hold germany hostage was a lot of things coming together. the main thing if he's doing it now because he can get away with it. eric: you look at it looks like orbital one why is president by not shut down nordstrom? if he does what would happen? >> i think he thought it was already pretty much complete. there was not much he could do. the trump administration rightly put sanctions in place. this is something the germans have wanted even other have begged them not too. and ukraine has begged them not too. because again the end of the day merkel was catering for her own political reasons to want cheaper gas for germany. eric: congress has asked the bite administration to provide more weapons, leave the weapons to ukraine. he spent about four to $50 million they went helicopters, stingers to shoot down aircraft. they want some of the material that had been in afghanistan. should we provide a more lethal assistance to ukraine to help it defend itself? >> i want to make a distinction there's not anyone in the bipartisan manner that's advocating for massive u.s. troops into ukraine. that is not what we're talking about. but we could be doing a lot more when it comes to lethal aid to help ukraine defend themselves. when is down on the ground in a bipartisan delegation talking to our u.s. military trainers the ukrainian special forces and others there is a lot of frustration how slow the white house is moving. they not only need more lethal aid faster, they need it now and more sophisticated types all of which we could provide. but the underlying theme coming from washington on from their perspective and i'm singing to his and biden does not want to antagonize the russians. he does not want to upset putin. there is kind of this in narrative if we play nice he will play nice too. that's actually having the opposite effect. he is smelling an opportunity, he is smelling weakness. this in action and indecision from washington is inviting aggressiveness. eric, that's exactly what happened in 2014 went under obama and biden putin thought he could take eastern ukraine and he did and got away with it. eric: have some photos of your visit include the florida national guard from estate to our training ukrainian troops. so finally, what are the troops on the ground you just mention some of it, what did they tell you? we are seeing the photos now. when you sit down with the brass, which of the soldiers and the politicians and ukraine, what are they telling you? do you think there will be an invasion in can america potentially stop that? >> our troops both of the florida national guard and my fellow green berets and others are not out on the front lines pretty want to be clear. they are way off the front line in the rear. they are providing critical training on the new equipment we are providing, even things like first-aid skills, command-and-control tactics, and the overwhelming sense is that the ukrainians will fight if we just help them with the right equipment. they will be vastly overwhelmed and outnumbered. the thinking now is do we create this partisan resistance. again, the signal we need to send his pollutant just cannot get away with this easily we need to get inside his calculus so maybe he thanks twice. that is why we need to be sending weapons right now. sanctions seemed to be going in right now. instead we are hearing from biden's all the tough things he will do after russia invades. well, you can imagine the ukrainians are shaking their heads saying that's not going to do us much good getting tough after his invasion paid. >> the warnings of what could come if there's not enough action for florida republican house. congressman thank you and welcome back home. we'll be right back as we continue to watch the events in ukraine unfold. >> anmerry christmas. eric: merry christmas. we'll be rightsu back. so he can enjoy the game. super poligrip. kim is now demonstrating her congestion. save it slimeball. i've upgraded to mucinex. we still have 12 hours to australia. mucinex lasts 12 hours, so i'm good. now move! kim, no! mucinex lasts 3x longer for 12 hours. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. 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 people everywhere living with type 2 diabetes are waking up to what's possible... matching your job description. ...with rybelsus®. 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(♪ ♪) you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. arthel: san francisco mayor declaring a state of emergency in the tenderloin district a neighborhood that has seen a rash of drug overdoses and deaths and brazen crime. christina is live in a west coast bureau with more on this, christina. >> hi arthel, mayer said more than 70 people died between drug overdose last year in san francisco. they have had more than 600 overdose deaths this year alone. she is declaring a state of emergency for the tenderloin community a downtown neighborhood hit hard by this crisis. the declaration will cut through bureaucracy and barriers when it comes to getting more police, social services and other resources to that area to stop the assault, tax and other tragic situations in that community. >> they should not have to look over their shoulders. they should not be punched in the face randomly. they should not have to see someone sticking a needle in various parts of their body, laying out on the streets and wondering what can i do to help them? >> three days prior to comment on the emergency declaration, she condemned crime in another press conference joining the growing list of democrat leaders who want to defend the police but are now pushing for more funding for law enforcement and saying things like this. >> the criminal community they talk is well-paid they know what is going on they know how to gain the system. and until we change policies in this state, we are going to continue to have a crime and lots of it. i do not care how much money we. >> that was california senate minority leader. he was talking there about how some of the policies in the state need to be tougher when it comes to crime. again, a major concern for law enforcement here especially in san francisco during the defend the police movable san francisco perv cutting 120 million in funding for law enforcement over a two year time span. now the police department is asking for 400 more officers during the surge in crime, arthel. arthel: christina coleman live in los angeles thank you, erica. eric: the long and hard content recovery continues in contact a. residence the rebuilding said they do have reasons to be helpful we are alive and hard hit mayfield next. ♪♪♪ ♪♪♪ if your dry eye symptoms keep coming back, what?! 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