it all down. west virginia seven under to support the presidents tax and social spending plan is parking plenty of internal bitterness among his party colleagues. our panel weighs in. we begin tonight with president biden's on the chronic dress as the administration doubles down by blaming the unvaccinated for the recent surge. good evening, kevin. >> despite its best and somewha say that belated argument that variant, the new federal measures announced today by the white house will not be in plac at least fully ahead of christmas this coming weekend w many americans scrambling to find available tests ahead of holiday gatherings. happily in rapid test for americans. i should point this out. will not be delivered until january. that move comes a couple weeks after. the idea of sending free test t americans who might want them. the white house also announcing today it will mobilize from troops to hospitals burdened by the coronavirus and also deploy federal medical personnel to state an immediate need of help. one of the really important notes, they announced today the would set up new federal testin sites beginning in new york cit this week. while the president said his administration could not have prepared for the rest of the counter testing panic, the cdc and publications like new york times, and writers have been reporting about an adequate tes supply since at least september. critics of biden statement have also pointed out the administration had many weeks, especially given the window allowed by the african travel ban to ramp up test production and distribution. >> what took so long? >> what took so long, it didn't take long at all. what happened was the virus billet spread more rapidly then anybody thought. i told you four weeks ago that this was spread by a day-to-day basis, it was spread by 58-100 percent 500 percent, i think he would've looked at me and said biden, what are you drinking. >> he also claimed today that this latest surge doesn't mean the u.s. is facing the very sam challenge in the spring of 2020. to give the president comments today, as they u.s. supreme court considers the merits of his administration rule that mandates the businesses with at least 100 businesses require staff to be vaccinated or teste regularly. biden said during that speech today the osha rule is legal an effective and will save thousands of lives of course that justice cavanaugh or the full-court will have the final say on that not too long from now parrott. >> i will keep an eye on my e-mail and let folks know as soon as the court makes any move . kevin come back in a moment and we have something sweet to discuss. >> candy and more coming up next . restraint accounts for nearly three out of every four grown virus infections frederick seen the first reported death in the u.s. from omicron berg in unvaccinated men with underlyin conditions in texas. in the biggest city in the country, it's giving new yorker and exhausting sense of déjà vu. the presidents fearing a return of the dark days experienced early in the pandemic although experts say this time around it's different. correspondent alexis mcadam shows estimate from new york city. >> good evening. here in the art, people are wondering what's going to close next as they wait in line for hours just to get the covid test . tonight, new yorkers are on edg as cases of covid 19 continue t climb. >> it feels like that. right now according to the safety more than 9,000 new yorkers have covid and at least 200 people are in city hospital sick with the virus. this search as new york is now offering a cash incentive just to get people boosted before th new year. between now in the end of the year, so it's a limited time opportunity over these next day get your booster shots, get a $100 incentive parrott. >> as of this week, seven out o 1600 public schools have closed their doors, janet from the new york department of education shows there are nearly 500 students and staff out sick wit covid. yorks governor confident those schools have the tools they nee to keep kids in class brickey part of our winter surge plan i we are committed to keeping the schools open so we wanted to make sure your school districts will follow the test protocols and make sure that there pcr test for kids to return with just a rapid test. >> in westchester county, the mount vernon school district back to virtual learning. this close as that classrooms will be closed at least through mid january. also some broadway shows have abruptly canceled their performances indoor mask mandates are back and tests are not easy to find. they took over a week to get th results back and getting a rapi test as the best way to know whether i can see my family thi week are not brickey as a highl contagious variant takes over a the most prominent strain, the mayor says vaccinations are key to keeping new york city open. >> vaccination is the way for people to live their lives again . vaccination equals freedom parrott. >> did days away from an year at . those could be scaled back due to covert concerns. >> thank you very much for it chicago mayor lori lightfoot th latest american city to require proofs of four that sarah feet and drink. that order goes into effect until january 3rd too give doesn't go into effect until then to get businesses a few days to adapt and train workers to get ready. president biden laid out his plans tuesday on how to handle the omicron surge. the hub public health bill in the art could become law or early in the new year. bring in fox news contributor. great to have you back with us. >> let's talk about what we heard from the president today. doctor, one of the things i didn't hear much about was the idea of early treatment, pills, what is going on on that front and is the white house engaged on that? >> we are dealing with a highly transmissible respiratory pathogen that's basically seate everywhere in the country. it's nearly impossible to contain it. we've got to bring attention no to early treatment, something w haven't heard about, it's a treatment that's been around, you never hear public health officials talk about it right it's really positive. this is a drug that we are pushing come of the fda to give us a yes or no vote this week. we need to talk more about therapeutics. >> i know that you are working on a case of the san diego school system for your working on many cases, but i think that might be one with an update. >> yes, we are pleased to repor that the judge in san diego did strike down the san diego schoo districts mandate that children receive the covid 19 vaccine. the judge indicated that while he doesn't disagree with potentially the wisdom of getting the vaccine, the judge thankfully said he does need to follow the law and the law did not permit that vaccine mandate to stand. he said this cohort can't decid for themselves whether to require vaccines. that needs to be done at least at the state level in california . >> while we're talking about vaccine mandates there is sent several things, but now there is , as we about whether they tushar should be mandated there is no questions about three or four. in israel there were reports of your over 60 they're pushing fo a fourth trot in the meantime the washington post has this opinion from india top covid advisor to the white house, he said businesses colleges, hospitals and schools should require anyone who risks exposing others to have a third shot protocols such as this kee up with the latest evolving science it should be routine an without much controversy at thi point in the pandemic. doctor, i want to get your take on that. you testified last week that some covert policies being mandate are not actually following science at this point. >> we're no longer using data different approaches and covid policy and requiring the third booster in young people is one example. i have an article in tomorrow's wall street journal about why giving a booster to young peopl as a bad idea. they're is no evidence to support it and the evidence we have in the new england journal of medicine it young person under 30 has got two doses of the vaccine already has a risk of dying of zero, you can't lower that risk any further wit a third dose. >> this is what the president said today. whether it turns into three in the u.s., i don't know, but thi is what the president president said today about mandates. >> i know it's unpopular for many. my administration has put them into place not to control your life, but to save your life. in the lives of others. it's going to save thousands of american lives for it get there are a number of different mandates that are currently being challenged whether it's for federal contractors and workers, healthcare workers are the one broadly that would affect more than 80 million americans where the workplace i 100 or more employees you have to enforce this thing otherwise there are gigantic finds fines will come down on you. what is your take on some of th broader challenges pending at the federal level? >> yes, the federal government should not be making company us the vaccine police for their employees. as you know, the fifth circuit stated the requirement that companies with 100 employees require their employees to get vaccinated. in a 2-1 split decision with tw democratic appointed judges. the two democratic appointed judges voted to overturn the stay state and so they lifted it . it's pending for the u.s. supreme court. they are one of the firms i hav challenged in the u.s. supreme court to ask the u.s. supreme court to reinstate this day suc that companies will not be required to force a vax or attest mandate where they have 100 or more employees brickey get the ministration told them get back at that. you have to get ready because where things currently stand i know justice cavanaugh has aske all the parties to get their filing by december 30th. to get a little break for an actual christmas, but that new your push is going to be probably decision-making time o this. we will watch for that. in the meantime, several people flagged this tonight, this report from which our jennifer griffin who covers the pentagon says that u.s. army has created a single vaccine is effective against all covid and sars variants variance it says withi weeks they expect scientist to announce they've developed the vaccine to protect people from all of its variants. do you know anything about this or can you shed any light on it? >> this is something we have been hoping for for a long time. it scientifically feasible and that is to create a vaccine tha as a parent coronavirus vaccine it works against all variance. what they've done is they've taken a protein and 24 differen services of that protein are similar to different aspects of the coronavirus egg or getting lot of different levels of immunity, not just to the spike protein. it in phase one clinical trials they just announced the results of its about a year away from being out there. >> if it's something they can handle all variance gives we have no idea what they're going to be at this time, that would be a good news for a lot of folks. that medicine is constantly developing. >> the pressure is back on on the state's attorney can box tonight following a special reporters report prosecutors report that her office's initia handling of the eight crime allegations amounted to what they call a major failure. correspondent has the details o estimates. >> he was found lt on five felony charges of lying to police. in the meantime, the special prosecutor who successfully prosecuted his case also investigated the states attorne kim fox in now tells fox news that he has referred to kim fox and some of her attorneys to th illinois attorney for ethics violations for what he says knowingly lied several times about the case. the special call prosecutor mad it was a deferred prosecution, and claimed that fox was never able to substantiate. also allegedly light at the nature of the $10,000 restitution and the fox allegedly lied when she stopped personally talk it with jussie smollett's sister. that happened even after fox learned that smollett was being investigated by police. >> when she learned that she should with family members, and i think that's the most surprising aspect of this repor that had not come up previously. they have denied special prosecutors finding we respectfully disagree with the findings of abuse of prosecutorial discretion. it's as bride at any of the law and differences of opinion as t how a case is handled do not signify an abuse of discretion. finally it's important to emphasize they did not find any criminal activity or undue influence on the part of the states attorney or the cook county states attorney office. the former judge can be credite with the conviction for the former judge filed the motion for the special prosecutor. this show she is a liar, the ministration is in chaos and she's taxpayers deserve better. him fox faces center or something much more severe the illinois attorney registration tells me they do not comment on any active disciplinary investigations and we will keep you updated on that. >> thank you very much. prison inmates that were sent home to home confinement during the pandemic may be allowed to finish their sentences from home . the justice department reversin a trump era opinion ruling the bureau of prisons does not have to re- can find them once the health emergency is over. the doj council writing that th flexibility avoids disrupting prisoners newfound community connections and allows the bureau to recall prisoners only when justified and allows brinkley one-size-fits-all policy. let me know what you think of i on twitter per the jury and the trafficking trial also deliberating for case all day today. the requested transcripts of several of your accusers testimony and would continue deliberations wednesday. jurors in the trial of former police officer kim potter indicating today they might be deadlocked ask them what to do if they cannot reach consensus. the judge reread instructions telling the jury to consider each others opinions and come t an honest conclusion. faces manslaughter charges and the killing of donte wright las april. the jury has deliberated more than 14 hours. several people in rights in kenosha, wisconsin, now hinting he might see the media that has blasted him over the past 16 months him saying be on the lookout and accountability is coming at the panel monday. indicating he may follow the steps of who recently settled with several media companies over they're portrayal of his interactions with the native american man in 2019. a wild brawl at miami international airport monday night, several travels throwing punches, at least one police officer involved. two men taken into custody, airport employees say a passenger took the keys to an employee golf cart and would no let that worker leave. coming up, a heartwarming surprise just in time for the holidays. she started with a bobby pin an a year and a half and 28 spots later, she made the ultimate trade to run a growing business, is to be on a journey. and along the ride, you'll have many questions. challenges. and a few surprises. ♪ but wherever you are on your journey. your dell technologies advisor is here for you - with the right tech solutions. so you can stop at nothing for your customers. new vicks vapostick. strong soothing vapors... help comfort your loved ones. with the right tech solutions. for chest, neck, and back. it goes on clear. no mess just soothing comfort. try new vicks vapostick. - [narrator] gift yourself a hairclub consultation and get 20% off your personalized hair solution. head into the new year with life-changing hair solutions. not forgettable resolutions. hairclub. love your hair. live your life. let me be direct. why would you pay more than double for teeth straightening with invisalign? with smiledirectclub, you get a doctor-directed smile you love for sixty percent less. that's a lot less. like a lot. choose smile. choose direct. ♪ smiledirectclub ♪ >> first upcoming in may of 2020 , demi skipper set up on a quest with 5 million tik tok followers to trade her way up t a house beginning with a bobby pin. in 28 trades, she kneeled her gold perigee move from san francisco to that home in clarksville, tennessee and in this spirit of giving she says she will trade back down asking only for a bobby pin in exchang for the house. she says she plans to start all over again and continue trading up. the five -year-old has just bee declared cancer free following two years of fighting and treatment. you can see there, lifted up ringing a bell in then later being showered with gifts and cheers. just in time for christmas to. up next, a bit of a cluster at the denver international airport . officials say an individual who skipped past security descended into the arrivals area and boarded a train causing everything to come to a halt. the man was apprehended, but th passenger trains had been backe up they started running again when everyone got to the baggag area. and they were waiting for them. moving on, and a massive 500- pound bear squeezed himself into the crawlspace of the building at south lake tahoe, california where he's making hi great escape before returning t the wild. the trail camera footage was captured by a wildlife photographer known for regularl setting up cameras to fill the antics of the local bear population. glad he did. lastly, you are looking at master sergeant returning from to flame it from the air national guard, his son had no idea his dad lou was going to drop by as part of a christmas parade and be the big purse surprise just in time for christmas, we love it. i was watching this one in the makeup room. these are the best videos ever bury thinking to that dad, to the sun, to the family and everyone that supported them. if you have a video you want to share with us, the border crisis , not effecting the southwestern united states, illegal immigration surging in the beaches of florida, phil keating has that story tonight from south florida. >> here they come. can get another beach day like this, there sure are full of illegal migrants who, but the latest in front of beachgoers this weekend around fort lauderdale. nine foreigners taken into custody. ten days ago in jupiter, same thing, 26 men and women startling adults and kids alike likely to be sent right back from where they came. clearly this is not just happening along the rio grande in texas, just on a smaller scale. often coming they have paid off human smugglers, many of them boats full of desperate people into the keys. they are intercepted at sea by the coast guard. >> that is the bottom line message, these illegal and unsafe operations on the sea absolutely are dangerous, they are not worth the risk. >> the coast guard and border protection are seeing a surge i this migration the coast guard numbers show in our up 1600 percent. since october 1st, 400 cuban last fiscal year, 838, the year before that, just 49. that was right after the year before that was nearly 1500. patients are playing getting lawlessness, kidnappings and a country with the political chaos , experts say cubans have their own reasons. >> the pandemic, the economy, the social unrest, the lack of human rights, the lack of food. people. >> former president obama in 2017 the policy meant that any cubans on a boat out at sea caught would go right back to cuba, but if they made it to land in the sand they could sta and apply for residency. >> thank you very much. okay, it is time to bring back the report from that midnight snack great we are looking into the most popular christmas candy . and of course for research purposes, and things to our executive producer tracy, we have got some candy on side to pray tell me what you figured out. >> i have got dark, crackle, snickers, skittles, all of this good stuff. i know you want to know. which state has the most interesting ones. here we go. peppermint bark ranked first an 14 states, i've got a little bi right here myself or it can indicate and chocolate santas each rank in the highest in six states. they're are a few others i can tell you about reindeer corn, hershey kisses, starbursts and reese's cups minis. i did not know what reindeer corn was. >> is it like candy corn? >> it's like candy corn i guess it's red and green and white, s they go. i like that, as long as it take the same. i know people love and hate candy corn we've heard from you america. now, i'm sorry if i missed this because i strained to look through the bag and painted by tracy tells me that skittles ar the top candy in my home state of florida. >> they are florida, i love you. >> i think colorado is candycane . we will have to go back and loo at that. you know what, i was not hip to the bark you don't like it, but you do? >> i love it, it's good. >> america barely laughs it to. let us know what your favorite christmas candy is coming even if skittles in snickers are stretching it, a lot of people like they're homemade stuff. let us know. good news coming up. >> great stuffit. >> the president trying to strike a positive tone. progressives are furious. these are the faces of listerine. the face of millions of germs zapped in seconds. the face of clean. the face of whoa! some are of intensity, others joy. all are of... various: ahhh... listerine. feel the whoa! ♪ ♪ ♪ ♪ hey, tam-tam! i was thinking maybe... your mom's car? ♪ ♪ ♪ ♪ merry christmas, dad. we gave new zzzquil pure zzzs restorative herbal sleep ♪ ♪ to people who were tired of being tired. i've never slept like this before. i've never woken up like this before. crafted with clinically studied plant-based ingredients that work naturally with your body. for restorative sleep like never before. >> republicans accusing president biden i'm trying to confuse americans with fear and mandates as covid cases rise an left-wing democrats accusing senator joe manchin of their agenda this week. >> i'm from west virginia, i'm not from where they are from garrett ticket let's debate the political topics making headlines with tonight's dream team. welcome back, great to see you both read. >> thank you. >> here is what the president said today on the odds of unbilled back better. >> and on hold a grudge. but i want to get ice still think there is a possibility possibility of it. >> i also do not hold grudges. by its, i'm also not negotiatin with a bunch of senators on capitol hill. he says he might get something done. you think it's coming back to life? >> in washington, dc you never know what can happen. what we can say is build back better is not a popular piece o legislation. npr put it at a 41 percent approval rating, 42, 40 to percent just like the joe biden approval rating. 13 percent of republicans, this is a piece of legislation that joe manchin may have dave the democrats phone. this legislation, i have a hard time believing that democrats i they really knew what was going on, there would be wholly supportive of it. who gives billions of dollars t government agencies to go through individual taxes. who would want to support something like that. this is an issue they will be dealing with in the better place . lots of foxbusiness balls outfi it is not been a good one for them and their families a lot a lot hopefully on the white house . it's important for them looking forward. this business while says are yo hopeful for the country's future ? it's upside down, and 43 percent , no 54 percent and, you know that's dangerous going into an election year. >> it is, even though i'm a pessimist, it's pretty sad that americans don't realize how great our country is. there freedoms that we have despite the pandemic, despite some financial issues or gas prices which will go down. you cannot be in a better country than this, everything will get better. certainly no politician can predict with this virus is goin to do. scientists and medical professionals can't predict that's why convicted used to be fluid i want to jump in real quick. except for this one paul, all the other polls show more than 60 percent support build back better as they did infrastructure. i believe joe biden will get that done. joe manchin was a pooh-poohed naysayer on infrastructure as well. i wouldn't say that childcare affordability and accessibility lower prescription drug to writ prices and things like that are just good for democrats are bad for the american people they're good for all even for the peopl of west virginia. >> i think there are certain things that when you pull out from these various packages, people like them and agree on things and think there are things that are across party lines, but when you tell them about it or how they're going t pay for and he was going to get taxed and everything else that' when it starts to bubble up. may be democrats in some way, some of them cannot just there are those who hid behind the happy they didn't have to take vote on that parade i think, when asking about the president talking about covid today. here is what the congressman, a republican said in a tree today he says trump ended right in multiple vaccines and vaccination plan, he is doing worse the media told us what ar the most important, cases and death. zero new treatments, testing, nothing very think about that. give you both of final bite at that apple. >> just to pick up on something that they about americans being pessimistic. that's why americans are pessimistic about what is going on. joe biden said in the tweet tha he was going to shut down the virus and you have seen no evidence of that and that's another reason why politicians couldn't be making these wild claims. leslie, closeness outbred. >> the republicans who criticized the president, outlook, we don't have this man people dying here in the state where i live in california, lockdowns, mandates, social distancing, mass keeping kids u a school while, that was i don' think that gives away freedoms at all, i think it benefits the greater good in this country. >> you know critics would say i those things work, maybe we'd b done with this, but we will see. i disagree with bullet leslie, holistically. >> am sure you do. we all want a happy ending for this. merry christmas, and thank you both. >> merry christmas. >> and happy new year. >> happy new year. mayors calling for crackdowns o crime, are they returning progressive policies and is more than a trading platform. it's an entire trading experience. with innovation that lets you customize interfaces, charts and orders to your style of trading. personalized education to expand your perspective. and a dedicated trade desk of expert-level support. that will push you to be even better. and just might change how you trade—forever. because once you experience thinkorswim® by td 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to see you. >> good to see you. >> they're is a lot going on ou there in california. an op-ed therefore is this, the all too common response to thes crimes has been called for more policing and attacks on progressive reforms these knee-jerk reactions are shortsighted. multiple people running into a store and grabbing items report of similar crimes go back years one of the prosecutors out ther in california is the subject of a recall at this point, but he says they go after progressive policies is just knee-jerk, wha do you say? >> there's nothing knee-jerk about a. this person just does not get it . he has a responsibility, if you want to do reform, that's great. nobody argues about reforming any, but when you're sliding into common sense, the fact tha we have an i have been 90 to percent increase in homicides i two years, i had a 60 percent increase in rent grand theft auto. every person i kept says the ticket walks out they are out o jail before they are done writing a report for this perso has a knee-jerk reaction i thin having people suffer the consequences for engaging in crime and the people that live in this woke palace where they are not affected by the policie are the average person is impacted. >> how does it impact law enforcement officers and general ? looks like your deputies that have to go out there and have this. in pursuing the case, is there morale issue about whether you should even go and write these reports and arrest these people if you don't know prosecutors are going to do with it? get the danger is our deputies are making the reports and making the arrests, but in the first year that was in office we've seen over 12,000 cases where he has refused to prosecute when the case has bee committed. so that is disheartening for an who thinks there done by. doing your job, don't use the excuse on somebody else not doing a job to avoid it. if they want to play the role o public defender. they should just quit their job and. with the leaders are saying we are going to refund the police and we're going to start cracking down on crime, things have gotten completely out of control that should be encouraging to law enforcement if you can give us a quick answer. >> it's encouraging that it means the politicians felt the heat in there only making the move because they're seeing the vulnerability of the political position and that's why they ar reacting to it not because they are acknowledging it was the wrong thing to do from the beginning. badly la county, the board of supervisors has defunded our department we lost 1281 positions in their doubling dow and they refused to refund the sheriff's department while we'r fighting these massive increases . >> sheriff, we think you and th men and women of your departmen and law enforcement across the country doing very difficult jobs voluntarily and bravely every single day. >> you got it. merry christmas. >> finally tonight, it's all about perfect timing santa and group of firefighters rescued a family from a. there was smoke trapped in the eaves, there was a problem the crew driving by was santa spotted the smoke, they immediately took action and safely got a woman and her five children out straight santa eve helped put out the fire. >> by the way, i love the good news good night that i had from last nights. i am going to save it for just bit longer because apparently somebody's got a birthday comin up this week. looking ahead to that, i though we would get together as a staf and do something like this. >> hi, shannon, it's leslie marshall. >> hey, shannon. >> shannon bream, i'm going to take my makeup off on the set. >> hi, shannon. from everyone in the best this doubt dallas family, we want to wish you a happy birthday. >> happy birthday to my dear friend shannon. we absolutely love shannon and her husband, sheldon. >> shannon, happy, happy, happy birthday. >> happy birthday canada jana you are such an inspiration and one of the best anchors on television. abby birthday, shannon. >> shannon, i don't think your evil. my reports are you're not evil, in fact happy birthday. of special happy birthday to shannon bream. all around kind, fun, and lovel person. happy birthday, shannon from your home state of florida. shannon, happy birthday. when i was in congress learned this song and it was just for you. shannon this is your birthday song, it doesn't last too long. hey, happy birthday. happy birthday to you. happy birthday to you. happy birthday dear shannon, happy birthday to you. achy holy cow, i know a lot of people, i really do i know a lo of people and i think you're th nicest person i know. i'm pretty sure that's accurate. >> you're truly someone who is fair and balanced and i've enjoyed getting to know you personally and professionally over the year. >> you have so many fans here a the hospital. doctors and nurses. happy birthday, shannon. >> enjoy your time with all of your lovely family. we adore you. happy birthday. >> for your birthday, have an excellent day. we'll be thinking about your. >> up all the people i know, particularly intellivision, you are among the ones that have th most in this world and kindness and decency, thoughtfulness and support for people in need. it's just incredible. >> i've noticed that when ever you have a zoom call with your special guest, that usually the are promoting a book or a picture behind them of their latest achievement. i have a picture over here of m greatest achievement. happy birthday, shannon. >> yes. happy birthday, my dear friend. >> that was so sweet spirit people are going to think i'm turning 100. thank you, thank you, thank you so sweet spirit it's a gift to work with you every day in our whole team. we will see you soon. merry christmas. and x-rays, with no obligation. if you don't have insurance, it's free. plus everyone saves 20% on their treatment plan with flexible payment solutions 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 nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine. brian kilmeade show from 9:00 to noon. here's tucker. ♪ >> tucker carlson: welcome to tucker carlson tonight. happy christmas week. has there been a news environment like this one? every day feels like some weird psy-op from the government. masks will keep you safe ukraine is essential to our national security,ou rachel leve is an admiral, he's a genius. it's enough to make you go crazy. am i the only one to