todd: and 80-year-old man assaulted midflight because he took off his mask to wheat. what we just learned about the woman dubbed delta karen and the federal charges she now faces. benjamin: democrats closing the year without any major wins so they are hoping a change to the filibuster will pave the way to their election reform power grab. you are watching "fox and friends first," benjamin hall in for carley shimkus. todd: president biden leaving for his 31's trip to delaware. >> this after meeting with governors on the testing shortage and omicron prevention failures sweeping the nation as the cdc changes isolation protocol. david fund is live in washington with more. >> the cdc lowering the quarantine and isolation period from 10 to 5 days in an effort to get people back to work. the president and his administration admits being behind testing, is expected covid cases are spiking across the country, the cdc out with new guidance announcing a change in retirement. . the cdc this is what you should do if you test positive. isolate and stay home for five days. this applies to everyone regardless of vaccination status. if there are no symptoms you can leave your home after that staying home. continue to wear a mask around others for an additional five days. if you have a fever wait until it goes away. if you are exposed to someone, quarantine, if you have been boosted or got too shots of pfizer moderna or j&j in the last two is, wear a mask around others for 10 days, test on day 5 if possible. if you have symptoms stay at home and get a tested if exposed and unvaccinated 6 months ago stay home for 5 days, wear a mask for another 5 days. the cdc has more information on their website. testing may be easier said than done especially with a testing shortage, long lines in small cities, the president admitted in a call with the nation's governor more testing is needed and his team is behind the 8 ball on testing. >> president biden: is not enough, clearly not enough. if i had no we would've gone harder quicker if we could have. >> why do you reject the holiday testing surge in october? >> reporter: next month the government will mail several hundred million home test kits, half 1 billion to be exact directly to your home, to help with the testing shortage, the president in delaware with family until sunday, no public events on his schedule today. benjamin: thanks very much. former deputy assistant attorney general john you with his take on biden administration pandemic response, take a listen. >> when we look back at the history of the response, we will see a small number of officials in the national government made a series of very deep mistakes, nationwide lockdown that was recommended by washington, almost every governor in the state was untested and proved to be a disaster because it didn't take a look at a reasonable balance between trying to restrict the spread of the virus without shutting down our economy, hurting kids by not letting them go to school and criminal justice issues. benjamin: john using when we look back it will appear as if many big mistakes were made but in a few years we will realize the true effect of the mental health issue, the undiagnosed diseases, lack of education, all of these long-term issues which are not fully realized yet and we will see were equally big major problems. todd: these bureaucrats were so sure of themselves. they thought they had all the answers. in a situation that none of us living have ever been through. nobody living had been through the spanish flu pandemic of 1918 or been in a position for federal policy. figuring they had the answers and not being introspective enough not just on the point of how do we approach the pandemic in the near-term, what is the effect on mental health, what are we doing to children's ability to learn and grow if we take them out of a learning environment for a year or two. these are things that should be considered. the president saying no federal solution, that raises so many red flags in so many eyebrows but let's take the president at his word, then why are there so many mandates, why, going to the supreme court, in the public business. this inconsistency, in the administration right now. benjamin: you say there are politicians, and people were prepared, the cdc, doctor fauci apple career builds toward preparing for pandemics, what happened when one finally came along? seem to be scrambling and changing guidance constantly and you wonder what happened to the billions of dollars spent on preparation for something like this, how to prepare, the money in research was misplaced. benjamin: this was their super bowl and they dropped the ball. americans holiday travel might not continue with 200 flights already canceled today. flights canceled around the globe. the omicron related staff shortages are the main cause of those cancellations, thousands of americans for the holidays and no good news on the horizons, the slight disruptions linger through this week. benjamin: four people killed, injured a police officer in a file and shooting spree in colorado. police say a suspect began shooting in denver before opening fire just outside the city. authority say the officer who was hit was undergoing surgery. police believe the suspect acted alone in the motive is unclear. todd: the jury in the lame axle trial asked for an indictment charge. the transcript for the transcript of testimony for the ex-boyfriend of one of her accusers, maxwell spending her holiday and sixtieth birthday behind bars. judge allison nathan encouraging the jury to stay in a hour for each day going forward to see the verdict, maxwell faces 6 separate charges based on activation of four women who claim she was involved in jeffrey epstein's sexual misconduct. benjamin: president biden sends the $70 billion defense bill that neither here nor the military are satisfied with. all those details in jerusalem. >> reporter: yesterday president biden assigned a $768 billion defense bill though he is complaining it doesn't provide many to remove detainees from guantánamo bay. in a state with the president said the bill constrains the flex ability of the executive branch adding congress should illuminate restricted about transforming them at gitmo. he complained about a provision that would require reports on how much american military equal it was destroyed when us forces left afghanistan. breaking it down further the bill put in place a 2.7% pay increase within the national defense authorization act. it will remove 50,000 soldiers from the cost-of-living allowance from the pentagon. right now there's tension on going inside the military during policies of the biden administration that includes the vaccine mandate for troops, 169 marines along with 27 of the air force. the issue, for military leadership. >> the biden administration has decided that anyone who refuses to take the vaccine and is in uniform is presenting resistance to the biden administration is new order in the military. that is ridiculous but that is there for you. if you don't take the vaccine you are opposed to crt, equity, social justice and other things they seem ready to ram down everybody's through. >> this mandate along with the signing of the defense bill comes to meet increased threats against the united states from countries like iran, russia and china. >> a $770 billion defense bill, flashing stipend class from people who put on a uniform to defend our country. veteran and senate candidate kathy burnett joins us to talk about that. benjamin: joe concha and tomi lahren with a jampacked hour of "fox and friends first". person is built just for me. start the new year with three months free. join today at ww.com. hurry, offer ends january 3rd. when it comes to autism, join today at ww.com. finding the right words can be tough. finding understanding doesn't have to be. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? 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[cheering] that was awesome. and, the hits won't quit, with peacock premium included at no additional cost. all that entertainment built in. xfinity. a way better way to watch. todd: chicago's crimes like not stopping the party this new year's eve, the city planning the first fireworks show in the city's history this weekend to rein in 2022. one person was killed, 17 of his injured including 11-year-old boy, chicago shootings over the weekend was a rough time over there. more than 800 homicides were committed in the chicago, a 911 dispatcher joined us to discuss the city's rising crime rates. >> the breaking point took place that night or every night, every day, every morning. it is crime, out of control. todd: mary -- mayor larry life it is catching heat for wishing residents a joyous kwanzaa over the weekend. benjamin: 50,000 troops in expensive cities like washington dc set to lose hours on cost-of-living stipends meant to help them pay their bill. nothing to lose, everything to gain. candidate for u.s. senate in pennsylvania, kathy barnett, thanks for joining us today. this stipend, specific cost-of-living allowance given to troops stationed in excessive expensive areas including 50 metropolitan housing areas, cut 21 nonmetro areas cut. these troops will no longer get the stipend which is given when non-housing costs exceeded% of the national average, the stipend is one% so it wouldn't have cover their costs but what do you make of this? what does it say about the administration's treatment of the military? >> thanks for having me on. what can i say about this? we can add this to the list of grievances we have with the biden administration is how they have dealt with servicemembers starting back to his inauguration on january 20th when they brought in our servicemembers to protect them from impending insurrectionist and when they were done with their photo op and servicemembers they put them into open garages and let them fend for themselves. we can look at how they exited afghanistan. 13 members of our service of our armed forces losing their lives that was completely unavoidable and yet they lost their lives as a direct result of the policies of this administration and servicemembers once more sacrificing putting families out here, the federal government sending them to these expensive cities, and now removing a small stipend as you indicated. we can add this to the long list of grievances, the cost of inflation going up and cost of electricity up 33. year-over-year. benjamin: what does this do for troop recruitment? >> it lowers it. and how they in treated our services, look at the cpi, the consumer price index, cost-of-living is so much higher, stipend also small, covering expensive food and energy, gas, all of which are a direct result of failed policies of this administration. benjamin: you mentioned afghanistan, vice president harris trying to pass the blame for the afghanistan withdrawal. is what the vice president had to say. >> i fully support the president's decision and it is important to remember the previous administration negotiated a deal with the taliban and i strongly believe had we broken that agreement we would be talking about the war in afghanistan. benjamin: passing the blame at nothing to do with the administration. >> what else i democrats going to run on? they can't run on high -- the treatment of our soldiers or high energy prices or any of those things so what else are they going to run in except to blame donald trump, what is the cost of their for decisions? look around at the nations around them. we have peace in the middle east and now we don't. the abraham accord. who would have thought, then team members walking out of the abraham accord, russia and china have entered into an agreement, we have iran flexing muscles. our world is a less safer world as a direct result of the biden harris administration. none of the things we are continuing with or as a result of natural occurrences, direct result of inferior leadership of this administration. benjamin: thank you for joining us. senate candidate in pennsylvania, best of luck. todd: governor elect winston sears shattered expectations with her historic election night victory. now she's delivering a powerful message to black americans seeking change as she prepares to take off. ♪♪ with rybelsus®. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to the possibility of lower a1c with rybelsus®. you may pay as little as $10 for up to a 3-month prescription. ask your healthcare provider about rybelsus® today. (announcer) enough with the calorie counting, carb cutting, diet fatigue, and stress. just taking one golo release capsule with three balanced meals a day has been clinically proven to repair metabolism, optimize insulin levels, and balance the hormones that make weight loss easy. release works with your body, not against it, so you can put dieting behind you and go live your life. head to golo.com now to join the over 2 million people who have found the right way to lose weight and get healthier with golo. the white house has for the full of law. >> the threat to national security, 1600 pennsylvania avenue, they are at war with the american people and rule of law. what the american people use next year, they know and want to do what they can to stop the american people for standing up in defense of this. benjamin: democrats are against a change to the senate filibuster rule. republican say would sway elections in the left's favor. it is unlikely to pass in the evenly split senate if rules remain intact. todd: as 2021, so close the top political crises the biden administration faced over the past year and what it means for the midterms. chris, great to see you. let's start with afghanistan. how will it influence the midterms? >> people have not forgotten afghanistan. it will influence the midterms. that is -- the transpired, we lift thousands of americans there, people living there for years, working to make demand and let's not forget the natives there, working with us closely there and the fact we just left them in such disarray and chaos, there were folks so desperate to leave, the taliban and had it under control, unfortunately falling off a plane, is how desperate they were to leave afghanistan. todd: a sad horrible situation. it doesn't look like it is going to get better into 2022. that will shape the midterms. >> people have not forgotten what transpired during covid 19. i tell folks now, business owners as well, as you go across america, you still have increased wait times, look what is happening, people used to go to costco and a slab of ribs and now the same ribs are $43, absolutely insane. not to mention there is no major workforce problem in america. benjamin: it is bad when it comes to our money and the thing that hangs over our heads is covid, coronavirus, democrats including president biden say when they took office they would fix it, they would fall the problem. instead we have more deaths this year than in 2020, we have an omicron variant that is running rampant. how will that impact 2022. >> we can talk about this all day. there is a lot of confusion when it comes to testing. a lot of confusion with quarantine. we have to focus more not just on testing but the infection as well. it is an important aspect. there's a lot of ambiguity when it comes to vaccine and antibodies, aaron rogers was criticized, when you look at the aaron rogers situation his own doctor advised him based on his own immune system, this for you, he didn't recommend, based on he had more antibodies as opposed to getting a vaccine. that said, we need to focus on treatment as opposed to getting the shot and that is it and it is a major issue people don't understand. todd: aaron rogers having an mvp type season. winston sears wants black voters to rethink the gop as she prepares to take office in just a few weeks. really way to change things is to win elections and who better to make that change but me, i look like the strategy. will we see the wish come true in 2022? >> the republican party has to do a better job engaging minority individuals. there is a pew research poll that says 25% of black democrats consider themselves concerned, 43% of black democrats consider themselves moderate. have to do a better job bridging the gap, when you look at black history and the gop party, a lot runs together and most values and other values the republican party can believe in, a lot of them doing that. educating and empowering minorities to be engaged that can attract them here. todd: religion, crime and education, to get republicans to pay attention to that. happy new year. benjamin: thanks. meteorologist adam klotz is here with our fox weather forecasts which he responded on over christmas. what have we got today? >> a little winter weather in the western half of the country but if you're waking up in the southeast look at these numbers, nearly 70 degrees in memphis, 74 degrees in atlanta, to the west, big cold front, temperatures across montana into wyoming, idaho, the dakotas. these are wind chills where values, what it feels like when you step outside, in some cases negative. incredibly cold not just today but the next couple days. here are our forecast values. at the end become real cold air moves in and suddenly some of the actual temperatures, not windchill, minus 25 degrees, minus 22 degrees, brutally cold air in the upper planes, otherwise our weather systems tracking a little snow across the midwest with heavy showers and again snow moving to the west coast where we see round after round of winter weather. back over to you. >> it was unseasonably warm over christmas. 32 after the hour. from the steel david to chris cuomo's scandals, cnn's she's media correspondent missed several major news stories this year. todd: joe concha is our media expert. we will talk to him. because i won't let uc stop me from being me. zeposia can help people with uc achieve and maintain remission. and it's the first and only s1p receptor modulator approved for uc. don't take zeposia if you've had a heart attack, chest pain, stroke or mini-stroke, heart failure in the last 6 months, irregular or abnormal heartbeat not corrected by a pacemaker, if you have untreated severe breathing problems during your sleep, or if you take medicines called maois. zeposia may cause serious side effects including infections that can be life-threatening and cause death, slow heart rate, liver or breathing problems, increased blood pressure, macular edema, and swelling and narrowing of the brain's blood vessels. though unlikely, a risk of pml--a rare, serious, potentially fatal brain infection--cannot be ruled out. tell your doctor about all your medical conditions, medications, or if you are or plan to become pregnant. if you can become pregnant, use birth control during treatment and for 3 months after you stop taking zeposia. don't let uc stop you from doing you. ask your doctor about once-daily zeposia. todd: the view being mocked are saying they are looking for conservative to add to the panel host after the departure of megan mccain a few weeks ago. political reporting the show wants someone who's conservative but doesn't flesh too heavy with fringe conspiracy theories. there are plenty of good choices if the liberal show was truly interested. new york post columnist carol markowitz saying just admits you want to show of liberals for liberals, it would be best for all of us if people could just be truthful. benjamin: cnn's she's media correspondent ignoring at least 20 major news stories even impacting his own network. >> fox news contributor joe concha. it takes some time so let's start the scroll. we need an untimed fox special to go through all of them bit by bit as we don't have that kind of time. which of these was most egregious to you? >> that's a lot to choose from. this is not a media show. to go on this show fairly often years ago, mind you, this is like giving my space a program to talk about how horrible facebook is or burger king to tell you how horrible mcdonald's is, cnn is a rival, for the new england patriots, there is no rivalry. the numbers show this is triple or quadrupling cnn. there is not much competition here but all that said ignoring the fact the steel dossier was completely and totally debunked finally. we talked about that for a while. you think about the dossier and the fact that it drove a news cycle for three years during the trump presidency and everything that was in it, the salacious things discussed endlessly on cnn or the fact that that now is worth the paper it was printed on and a media show doesn't cover the fact that so many news organizations were duped by this dossier which led to the russia investigation which dominated the trump news cycle. if you ignore that you are no longer a media show, you're engaging in a bias mission which is the most insidious bias as far as not telling viewers something that should be very important to them if you are a media show. benjamin: something from the washington post. an opinion piece that talks about cnn's fake reckoning over the steel dossier, to explain the dossier, no on the record comments, a stickler for public transparency, would have made interesting television, hyping the corroboration of documents that have fallen apart bit by bit since the publication by buzz feed news but also stayed away from cnn stories, the cuomo stories, where the cuomo scandals, difficult to report on yourself when it is negative but surely they had to have done more on that point. >> you would think. let's be fair. it is their network and not so much a media show as it serves as pr for the network sometimes or engaging crisis management or explain the chris cuomo story and reliable sources to its credit did talk about it but not nearly as much as it should have been broached and the jeffrey tube and the scandal was barely broached as well and that is something people say you have your chief legal analyst engaging in what he did and networks give them a happy ending, that is discussed in some way where you use puns and so on but in the end it is more competitive of ms nbc and it was only broached 36 times on this media show, fox news was mentioned 765 times on that. there is also exists for, see how bad fox is an bring in guests that supporting narrative and it has become so predictable, it lost 75% of its viewers when you compare it to the beginning of the year. nearly eight in ten viewers watching the show are gone because they know what to get with respect instead of a show that analyzes the media and somebody writes about it and there's a lot to discuss. benjamin: it is just not working so thank you everyone for watching. thank you for joining us again. did you see this? a man assaulted on a plane for removing his mask to eat and the internet is calling that woman delta karen. the rest of the video you need to see to believe and inflation already a 40 year high, prices are going to go higher in 2022. cheryl casone shares the painful forecasts next. will ♪♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th switching wireless carriers is easy with xfinity. ♪ lib just lean on ourberty. helpful switch squad to help you save with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. get $200 off a new eligible 5g phone when you switch to xfinity mobile. talk with our helpful switch squad at your local xfinity store today. moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. guidelines for those who test positive for covid 19. todd: cheryl casone has more. >> reporter: they recommended guidelines for people with covid after staffing shortages. for those who are asymptomatic, 5 days of mask wearing, for those who had their booster shots if they are exposed to covid they do not have to quarantine. for those 6 months out in the second dose of pfizer or moderna, the quarantine is recommended instead of 10 days. businesses are happy to hear of these changes. benjamin: bad news about inflation. >> so much for the word transitory. inflation here to stay with food prices going higher, manufactures will raise prices on everything from mac & cheese, snacks by 5% on average in the first half of the year, cookies, candy and more by 6% or 7%, general mills, campbell soup telling distributors prices will be going up, costing as much as 20% more. >> i'm glad i'm stopping eating for the new year. that will last about a week. not a good look for one democratic congressman. >> reporter: democratic congressman peter welch under fire after he and his wife sold $6,000 in exxon mobil just days before -- the irony is he co-sponsored a bill to report such sales for congress but missed the deadline by a week, his wife made the transaction they no longer own individual stocks. before i let you go check tonight's episode of american dream home at 8:00 pm eastern time on the foxbusiness network. back to both of you. todd: and irate airline passenger facing charges after attacking a man wearing a mask while eating. benjamin: the faa reports a staggering number of unruly passengers. jackie ibanez is back with more. >> reporter: that woman identified by authorities as real estate agent patricia cornwall is facing federal assault charges accused of striking and spitting on an 80-year-old passenger. >> imagine seeing that on your next flight. cornwall, ex-nfl teen cheerleader lashing out at the man for being unmasked. you can see she's not wearing a mask herself. the complaint since the incident started when cornwall cannot get the receipt from the restaurant because of a beverage cart blocking the aisle. a flight attendant asked her to find an empty seat, she responded what am i, rosa parks? the elderly passenger stepped in and told her she wasn't black, wasn't on a button wasn't in alabama. cornwall, also known as patty reynolds is facing charges for dui arrest in florida last month. she suffers from anxiety and medication before the plane incident. this comes as the faa reports staggering 5300 air rage attacks so far this year. the agency saying many of those incidents are related to masking rules, doctor fauci has grim news for passengers hoping to drop their masks in the near future. >> the idea of taking masks off in my mind is not something we should be considering. >> reporter: cornwall is released on 20,$000 bond and told not to consume alcohol on commercial flights as the case proceeds. can you imagine? benjamin: as long as the mask mandate is in effect, we will see a lot more. todd: president biden vowed to shut down the virus and is searching federal mandates to do it. why is he saying this? >> there is no federal solution. this gets all on the state level and all of it is down to where the rubber meets the road. benjamin: a sudden change in tune coming up next. nding the e tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org . ♪ >> make sure that we do not let federal solutions stand in the way of state solutions. >> look, there is no federal solution. this gets solved state level and it ultimately gets down to where the rubber meets the road. >> president biden agreeing with republican governors that there are no federal solutions to the pandemic, despite his administration's push for more mandates. >> tomi lahren, fox nation host joins us now. tomi, this is so confusing because it seems to be that all that president biden has are federal responses. the federal vaccine mandate, the large employers the nascar mandates. is he confused? is it hypocritical? what's going on there? being. >> this might have been a classic case of freudian slip where he admitted there is no federal solution. no plan to tackle covid. comes after several tweets uncovered from not too long ago where he was going after donald trump at the start of the pandemic for not having a solution to covid. there is a rare instance here where i agree with joe biden. there isn't a federal solution to covid. everyone has to be safe. they have to be responsible. they have to wash their hands. stay home if they are sick. if they can get their hands on a test, which is difficult right now, then they should do that but there isn't going to be some big federal solution that's going to solve covid. it's been nearly two years now. i think we can all admit that we are going to have to learn to live with covid and cope with it the best that we can. todd: i think we can all expect that clean-up. that now daily occurrence that we find from the white house press office on moments where joe biden says something that needs to be cleaned up the very next day. i want to get your thoughts on this before we conclude a second california department of education official resigning after being called out for not living in the state. i said that right. they have a job in california that requires them to be in state but they live somewhere else pop up on the full screen you see them there at least that we know of. what does that say about the faith that those so-called leaders, leaders trying to teach your kids right from wrong have in their own state? >> yeah, they don't want to be in california either. maybe it's the leadership or taxes and smash and grab robberies and safety concerns. a plethora of reasons not to live in california. i lived in california so i understand it fully this shows the level of corruption that they have in california. if you read the article here what appears to have happened there was a friend of a friend got a job even though it violated the state's rules. where i don't faulted them for wanting them to live in california i think they need to dig in deeper here. kick backs, jobs offered to friends. this is a really big deal and i hope they uncover more because i have a feeling there are more people in that department of education that quite frankly don't want to be in california. >> ben: tomi, we have very short time what would you say to anyone thinking about moving away from california? would you advise it? >> listen, i have long said if you can stay and fight the good fight in california, you should do that i tried to do it for three years. tried to open eyes and tried to learn as much as i could. then it got to the point where i had to vote with my feet as well. i came to the great state of tennessee. some doing that same thing. some california plates what we say to those folks come on in to tennessee, to florida, to texas. please, if you have liberal policies, leave them at home. remember why you left and leave that with the failed leaders in your former state. come on here and enjoy freedom. todd: check out final thoughts with tomi lahren exclusively on fox nation. tomi, we appreciate it ben, it's been fun. "fox & friends" starts. ♪ ♪ ♪ wake me up when it's all over ♪ when i'm wiser and i'm older ♪ all this time i was finding myself ♪ i didn't know i was wrong ♪ wake me up when it's all over. will: shot of nashville, tennessee on this morning of december 28th, 2021. it will be the sight three days from now of a