degree manslaughter. and set the court of the former brooklyn center police officer was stoic showing almost no emotion as the verdict was announced. >> with a jury on the charge of manslaughter and first-degree o or about april 11th 2021 and an county find the defendant guilty. >> outside the courthouse the crowd erupted as the verdict wa announced and worthless spread that they found her negligent when she shot him with a gun instead of her taser.ng his mother was sobbing as the verdict was read and described in the flood of emotion as she heard the jury's decision. >> the moment that we heard guilty on manslaughter one ever single emotion that you can imagine is running through your body. i let out a yelp because it was so built-up. the minnesotaor attorney genera was off the case andle while he pleased with the outcome does not bring him back. >> we have a degree of accountability for his death. accountability is not justice. accountability is an important step. a critical and necessary step for us all. s her exact sentence will be decidedte at a sentencing heari in february. she is facing up to 15 years in prison for first-degree manslaughter. lila said the courthouse in minneapolis. >> with spring in jonathan professor welcome. >> i'm going to require that should be taken into custody an held without bail. i do recognize your arguments. it's a bit gray but i cannot trigger any differently than i would any other case. that was obviously the judge your thoughts on the way that she handled this aspect of the case? >> i think she handled the entire case with great skill. she did a fine jobe and she was fair and firm. a that's what you want from a judge particularly in a case like this. this was inevitable when you have a death involved in a crime. your client is going to be put into custody after being found guilty. she was trying to say i can't have a double standard for former police officers. it is true that there's going t be an empty chair this christma but there is an empty chair at his house as welled and i think most judges would have said the same thing. >> we must now turn our attention to ensuring that she receives the strongest and most just sentence possible. what does your experience type about sentencing in this case? >> these are two counts that ar going to run concurrently. it is really the top talent tha you clock on. gets 15 years and under the sentencing guidelines as a firs offender she would normally be sentenced to around seven years but they are going to try to ad some aggravating factors one is the most obvious she is a forme police officer they used her authority commit this crime. the second one is that the crim involved putting others in danger. those two aggregators would pus this up toward that 15 year limit. i'd be surprised if it went tha high a case she has shown great remorse. much was made about the makeup of the jury. was this a concern that was overblowns as they convicted a police officer with no prior record? >> i think it was overblown.er i think that the jury showed what they also showed in other cases. these jurors have shown more integrity and faithfulness to the legal system than politicians. people are using these cases fo different purposes. but these jurors were really quite focused on the evidence. i don't think you can argue wit the jury's decision here. i may have a vote of the other way but this is a point that people of good faith can disagree. one lingering question is whether we should have a criminalized negligence. with these weapon confusion cases that have been going on for a few years they have a lot of lingering questions as to wh we treat them as a criminal rather than a civil matter. also the jury was hung. they came back because they didn't think they could reach a verdict. the judge gave him instruction again saying go back and try again and the defense attorneys always hate this because attemp to push them towards a verdict. the judge also allow them to take something else to the jury room which may have had the biggest impact because feeling that in the jury room is going to be a lot different than what happened at the scene. >> is this a setback for law enforcement when you consider this officer had a clean record? she made one horrible mistakes and now her life is over two. i think that this is a real chilling moment for a lot of la enforcement.s the jury and most will agree that she did not intend two shoot him. her response after the shooting they were left with this ambiguous standard of it she consciously disregard the harm at the scene? she did not intend two shoot hi wish you really consciously disregarding the harm? that's what i think lots of the to begin with. at the clock ticks down toward the christmas holliday of the new strain is threatening to force alterations to the plans of many. all 50 states are going to have infections. gatherings are being postponed. america now has two new weapons in the fight against the pandemic. >> this antiviral pill received emergency use. it did not perform as well in critical studies. the computing doug helps with complications by nearly 90 percent. >> agency officials have stoppe short of stating a preference. >> it is a question of inabilit and appropriateness.ci both drugs which patients can take at home are expected to be effective against this variant. provincial supplies are going t be limited. they are expecting around 1 million cases in january. >> washington dc residents line up outside the public libraryub distributed tests ahead of the holliday weekend. similar things unfolded around the country. in addition to testing before the holliday gatherings they strongly recommend booster so shots. they have yet to add them to th definition of full vaccination. >> just to be very clear their recommendation is to get boosted.or we recognize no they just being fully vaccinated is not enough. everybody there is going to be required two wear a face mask. >> jonathan thank you a lot. >> they are sending mixed messages about the handling of the holliday virus search.nt we have that story tonight good evening peter. >> it is on the rise even here at the white house. here trying to stay on schedule and attendd well trying to figu out how to celebrate the holidays with some conflicting guides. detested first away from the windows campus.us 's is a failure? >> i don't think it's a failure. they are obvious problems now half ey are talking about a billion tests next month. >> why are you promising half a billion tests next month when you haven't even signed a contract? >> we have no concern about the contract being finalized. >> the vice president said that he did not see any of this coming. how did you get this wrong? >> nobody saw this coming. milby a whole world. the cdc director did. >> we anticipated this and this is what we have been preparing for. >> we of course knew that there would be additional variants at some point but we did not know what they would look like. >> go online and request a test. the role was historically disastrous. the system is unavailable. >> nothing is working. >> many workers have involvemen and it's now unclear. >> i don't know all the staffin particulars about the creation of the website. >> officials are insisting it's not like march of 2020. it was more like christmas of 2020 when he had just been elected. the difference being he has bee in office almost one year and i still hasn't happened. >> are you ready to investigate another website? >> we have a computer inside just me the url.we >> stocks were up as we gainedk 197. they finished ahead at a new record close. the nasdaq jumped 131. >> up next to a refusal to support the president's aggressive tax and social spending plan this parking plenty of internal bitterness amongst party colleagues. the first here is what our affiliates are covering tonight. in houston that have a large fire at a houston area refinery with at least four people injured. air-quality monitoring is not revealed any leissues. >> no evacuations or shelter in place orders have been issued. the cause is not yet been announced. the man known as the unabomber is transferred to a federal prison medical facility in nort carolina. he has spent the last two decades in a federal super max prison in colorado after a series of bombings targeting scientists. 's bombs have wagered 23 more over two decades. and this is a live look at new york. the big story tonight is the mayor announcing his plans to build back time square on new year's eve. attendees must have proof of full vaccination and their masks. viewing areas are going to be monitored for social distancing. that is to make live look outside the beltway we will be right back. 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he believes there is room in th partyy but they are still also trying to purge the democrats t push him out. >> we have moderates and we treat them well. we have susan collins and we don't call them liars or try to run them off. there is a place for moderates in the republican senate. there is no formal talk about him leaving his party. they don't thinknk he's going t change parties to help to bludgeon them into compliance. he is not going to agree. >> heats the key maker at this point. the fact that he is concerned about this and inflation number are actually up they are going to take this very seriously. >> he is displeased with house democrats have treated him. >> live on the hill thank you very muche. >> up next the latest surge isn't going to change your holliday plans? ♪ 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! a must in your medicine cabinet! less sick days! cold coming on? 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should i go see my family. >> sunday busiest airports are hubs such as miami internationa and chicago o'hare. those on the west coast had the added frustration of getting a test required in many different nations. >> if i didn't have the test within 72 hours of processing w went 72 hours advance enemy tel us we are not going to get our verification for another five days. rentals are in short supply we are down two cents in the last week and ten cents in the last month. prices are coming down. you may want to bring your patients. thank you very much. on the ground in certain places things should be rapidly proliferating with the variant. everybody is getting this and i is spreading like wildfire. have yet to see anybody getting upset about this.. >> they were told endlessly by cnn that if they got vaccinated they would not be infected. the vaccine would protect you and it did for a while. america is not ready for this. to the resigned this is the beginning of the end. he deserves criticism for waiting until now. everybody can get one if anyone now. it is spreading so rapidly. the mixed messages embedded in the nonstop coverage part fuele with christmas confusion. >> up next the supreme court says they will hear arguments about s the coronavirus vaccine. pike mike breaking tonight the u.s. supreme court the us supreme court soon going to hear oral arguments challenging the vaccine mandates. good evening kevin h with cases surging across the country the high court is not going to fast-track a pair of efforts to expand mandatory vaccinations. they are going to hear argument on the seventh of january. mandate for healthcare workers will receive the federal funding. in the issue of the large test requirement for families with new employees and mandates that they be fully vaccinated and wear masks that all-time. in the healthcare case they are going to consider the mandate that requires all healthcare workers to take part in medicar and medicaid and be fully vaccinated unless they are eligible for a medical or religious exemption. the state house across the country looking for relief from what they believe is government overreach. >> there's posted be governing with limited powers. forcing the vaccination of hundred million americans is no one of the. is a big important cases and they are making trucks be when backup. >> white house of course issuin as statement about the move saying that they are confident in the legal authority of both policies. they are vigorously defending those at the supreme court. up next the all-star panel on how he's doing with the christmastime coronavirus surge. first beyond the borders to mak a monument at a hong kong university. it is in line with the polish constitution and they have been taking steps to propose greater control and they say this is an erosion of judicial independence. the russian president says that his nation wants to avoid conflict with ukraine and the west. but they need immediate respons to guarantee security. russia is demanding they don't expand eastward and don't let ukraine be a member. just more stories beyond the border tonight we will be right back. >> man: what's my safelite story? 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(cheers) xfinity brought us together, after all! power your whole home this holiday with wifi speeds faster than a gig. click, call, or visit a store today. sing 2 >> pharmacy we hear this over if you go to the pharmacy we hear this over and over again. empty shells and new gaskets. you can argue that we should have known one year ago maybe six months ago. i ordered half a billion of them. 500 million pills. they are going to be available be sent to every home in americ if anybody wants them. but the answer is, yes, i wish had thought about ordering thos two months ago before it hit. nobody saw this coming and toda they had to do some cleanup. we knew that there would be an additional variant at some poin but we did not know what it was going to look like. this is why we have had ample vaccine supply and vast supply and why they have done such aggressive testing in the last two months. >> former state department spokesperson and former white house press secretary welcome t all of you. i can't imagine cleaning up after the president and his great deal of fun. >> is never pleasant. she is right the government did a good job getting the sufficient number of vaccines. h here is what they have all done wrong. they passed a large relief package earlier this year. where did the money go? white is the federal government stockpiling testing kits? why is there no surge of these four hospitals or clinics. it's an inevitable variants and a failure at all levels of government to be prepared at a time when they had the money. that is no excuse for us too no have taken these steps everybod dropped the ball.he >> to this point there are two antiviral drugs approved by the fda but there doesn't seem to b much celebration at the white house. >> i don't know why they wouldn't celebrate this i think it is a fantastic thing especially because the vaccine mandate maybe not the vaccine itself with the mandate has become so politicizedng that it going to the supreme court. i think we should all rejoice. rejoiced in the fact that through these operations we hav the vaccines available that we need today. >> china's testing is very ill equipped two tackle the virus. a to the extent that americans next year are able to go to a local pharmacy and get therapeutics to not end up in the hospital while the hospital are overwhelmed this only ithappens in the private sector partnering with the governments. >> where are we in this fight a we go into christmas? >> i thinknd what they are both set is largely right. i think the christmas season a celebratory aspectha in light o all you're doing with. i look at the positives. 72 percent of americans are vaccinated. the administration should have done a better job in regards to testing. it sounds like they have realized they are behind the ball and i can give the president great credit for acknowledging this and saying that they must do better. >> the community bond and a national bond as wewe head into the season around all of this. i think there are things that i'm excited about that i've asked the boat last. we have a game changer and it's an antiviral that would not hav one year ago. we should continue to encourage people to be tested. we should encourage people to b tested with the greatest challenges we are going have is to figure out how we are going to testing in schools. we are up against the clock but i would like to go around the horn quite quickly on the new vaccine mandates.. >> it's just the wrong approach if you want to appeal to conservatives you do it on the basis not of the mandate that a quiet encouragement. advocates going to get struck down. >> bring us home. >> they may be right. but the plans of national crisi and war the court has always upheld consistently true presidential powers. i can live with the system but hope it comes down with the president let's focus on the midterms and how republicans ar trying to retake the host. 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! 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. . >> mike: time for focus on the midterm elections here is my in tonight's special report spotlight the midterm focus republicans are obviously optimistic about winning back the majority of the house of representatives in 2022. they hold a majority with 221 seats which is just eight more than the republicanss the democrats could also help tilt the balance of power in their favor with 23 democrats already announcing they are not going t seek reelection in the house. fifteen planned to retire from politics altogether and eight hour running for another electe office. it wasn't keen term races the country. n tom elmer. congressman, thanks for being here. >> thanks for having me, bret. >> thank you for having me. >> 30,000 feet as you sit today. where do you put the position for republicans to take back control. >> i like the momentum but we haven't won anything lyet. there is a long way to go. you win campaigns with great candidates and enough resources. republicans i believe are going to have all three but we do hav a long way to go and we can't take anything for granted. the fundraising numbers 10.7 million and 9.41 for the democrats. cash on hand is roughly the sam and it's pretty close when you look at the money now. >> we have said from the beginning we never have as much money as they do. we just have to have enough money. and proud of the work we are doing. we are $50 million ahead of where we were a few years ago. we are running close with the democrats. we just have enough to make sur we can support a great candidate.adge we need to get out the winning message which is all about the economy and rising costs. the crime wave taking over the country and the miss at the border. >> when you see 23 democrats decided not to run for reelection in different races what does that tell you? >> it tells me that they see what is coming.om it's not just the number 23. keep inaj mind when republicans took backed majority ten years ago we had a serious number of democratic retirements. but there are more this time than there were ten years ago. plus i think we have three full committee chairs and one very powerful subcommittee chair. these typically don't happen unless they don't see themselve being in the majority. i suspect this is why they are all announcing they are leaving. >> let's talk about a couple of specific races remember there are some primary races with republican candidates. this is the incumbent democrat in iowa and there are three potential republicans. you think this is a pickup. >> this is one of our target greases. donald trump on the seat in 2016. the current incumbent does not match the district. she hardly b got by in fact in both races that she has one she actually won with less than 50 percent of the vote. the incumbent we don't play in primaries. we trust the voters to decide who the best voice for them is. it is certainly ripe for the republicans to pick up. not just because it is a republican seat but because the incumbent is certainly under investigation for vote a half-million dollars in trade she did not disclose. this just doesn't bode well. >> new jersey is the incumbent. the democrat from new jersey a us congressional candidate rebounding in matchup from before. >> the problem with tom is that he was trading at about $1 million worth of medical stockst during the pandemic. he failed to disclose this and it's a rematch that tom came within one point of winning bac in the fall of 2020. this is a seat where the democrats which is to run in a neighboring district. switching to run because it's almost like the incumbent is retiring. it's actually the seat that i think about she never was paid attention to almost winning the last cycle. she lost by two points to the incumbent. considered running in the seat way the seat y the is where texas is located. numerical with the past few months elected a republican mayor for the first time in 80 years. rather than run for reelection in the seat he decided to move next door to texas 34 in a season that he believes is more favorable and he may even be susceptible to defeat in that suit. monica is running again in texas. she is a great candidate and i do expect she will win this race.g t >> we have invited the democrat who will do the same thing with their targeted races around the country as well. >> thank you very much. thousands of troops heading hom for the holidays. more than 45,000 military personnel are going on holliday clock leave. welcome home and thank you for your service. thank you for watching a specia report. tomorrow night. good night from washington. ♪ "fox & friends" from 6:00 to 9:00. i think tucker or somebody special is hosting. ♪ ♪ ♪ ♪ >> jesse: good evening, and welcome to "tucker carlson tonight." i am jesse watters in for tucker. we have learned a lot about joe biden in the last year.e for one, we know he is not the same old scranton joe that represented delaware in the senate for decades. or the oldest tough guy joe who saved the day by fighting off corn pops. he is not even the same joe biden who was barack obama's vice president. that joe biden is gone, and he has been gone for a while. in 2021, biden confirmed what