guilty on five out of six charges here in federal court in manhattan. it was six days of jury deliberations in about 40 hours inside of those of that room, rather, here in manhattan as the jury continued to deliberate even asking for a white boards and pens and paper as they went through those counts bit by bit. so when the verdict was read, maxwell sitting in court pretty much motionless, didn't have much of a reaction there then she left the courtroom. maxwell facing six federal charges child sex trafficking and it sex trafficking conspiracy charges. prosecutors say she groomed and trafficked underaged girls as young as 1 years old to be sexually abused by her former boyfriend jeffrey epstein. the jury then requesting copies of the testimony from all four of her accusers after a long holiday break and asking the judge to clarify the definition of enticement, which is part of two of the charges maxwell was facing. during the more than two weeks of graphic testimony here in manhattan, the court heard from four women who said they were all underaged when maxwell tricked them into being sexually abused. lawyers telling jurors that maxwell should not be a scapegoat for epstein's case. attorney for the southern district praising the women who were brave enough to come forward. >> a unanimous jury has found ghislaine maxwell guilty of one of the worst crimes imaginable, facilitating and participating in the sexual abuse of children. crimes that she committed with her long-time partner and co-conspirator jeffrey epstein. the road to justice has been far too long but today justice has been done. >> now, bret, ghislaine maxwell facing 65 years in prison after being sentenced here in manhattan in federal court. the judge has not set a date yet for sentencing. bret? >> bret: alexis, she did not take the stand in this case. and there were thoughts about whether the prosecution played it right by only focusing on four of the victims when there are, obviously, dozens and dozens who were talked about. have they talked about the strategy there? >> bret, not yet tonight, but we are waiting here in front of that federal court to see if any of the lawyers on either side come out to talk a little bit about how they believe things played out in that federal courtroom. those four women brave enough to get up there and take the stand and talk about the things that went on over a decade of reported abuse talked about very specific allegations. talked about how maxwell was even partaking in the abuse sometimes or just in the room watching it very graphic testimony over that three week trial for the ghislaine maxwell sex trafficking case. bret? >> bret: last thing, she is facing a number of years, likely if you look at the minimum standards, the rest of her life. when is it that sentencing, do we know the date yet? >> yeah, she turned 60 just over the weekend celebrating christmas and 60th birthday behind bars in federal prison. she has not yet learned when she will officially be sentenced. obviously a big push by some of the people in the courtroom to get this moving along, especially with the sentencing due to covid concerns. it could be they are going to want that to move along as well for the sentencing. >> but it's just going to have to wait and see how this plays out here in federal court, bret. >> bret: okay. alexis mcadams outside the courthouse. alexis, thanks. ♪ >> bret: also breaking tonight new covid-19 case rates hit record single day records in the u.s. today as the white house says it needs more time to begin delivering the first batch of a half billion at home test kits it promised to americans. and now the nation's third largest school district is indicating it wants to go back to remote learning. all this comes amid growing confusion over changing recommendations from health officials, hospitalizations and deaths are rising but at a significantly slower pace than positive cases. mimics what we have seen from the omicron variant overseas. we have fox team coverage on this tonight. mike tobin is in chicago where it appears remote learning is likely going to make a comeback there but we begin tonight with correspondent steve harrigan in atlanta, again, the home of the cdc. good evening, steve. >> good evening, bret. if you do have covid, should you isolate for five days or 10 days? when it comes to the new cases are 23% okay krohn or 73% omicron. in short the numbers from the cdc continue to evolve. new case rates for covid have hit record levels in the u.s. although hospitalizations and deaths are rising at a much slower rate. the seven day average is more than 280,000 cases per day. the cdc says omicron is now the dominant strain of covid in the u.s. after revising an earlier estimate. they say the range of uncertainty is reduced as more data is collected. health officials say cutting isolation time for covid patients was necessary to keep society functioning. >> there is a danger that there will be so many people who are being isolated who are asymptomatic for the full 10 days that you could have a major negative impact on our ability to keep society running. >> nation's largest nursing union says cutting isolation from 10 days to five days will endanger patients. the cdc hid says its decision was driven by several factors including the behavioral science. >> well, so it really had a lot to do with what we thought people would be able to tolerate. we have seen relatively low rates of isolation for all of this pandemic. some scientists demonstrated less than a third of people are isolating when they need to. >> tolerance is in short supply in testing lines across the nation. >> it's crazy. i have been turned away from urgent care places, appointments have been canceled for testing. and now i have been in line so i'm really hoping this works so i can get back to work. >> right now, d.c. is really getting hit hard. new cases up 120% in one week. bret? >> bret: steve harrigan in atlanta. steve, thank you. again, as mentioned, chicago's teacher's union is demanding more action from chicago mayor lori lightfoot in order to safely return to classrooms there after winter break. they are going so far as to ask teachers in a survey if they would walk out if demands are not met. and chicago isn't alone. though some health experts are worrying what a return to remote learning by the mean for students' mental health and their schoolwork going forward. senior correspondent mike tobin shows us tonight. >> the return-to-normal still seems to be out of reach for some students with winter break almost over and the omicron variant causing coronavirus cases to surge, parents must face the potential of schools returning to remote learning. >> some things have got to give. we are scared to start on january 3rd without testing as protection we need in place. >> the chicago teacher's union pulled its rank and file and overwhelming majority supported auto shift back to remote learning. teachers had been demanding that mayor lori lightfoot provide for testing. get more access to contact tracing so many teachers getting sick there were not enough adults in school. >> this is serious. the mayor has dropped the ball and is failing our students. there are not enough adults in there you need to go remote. >> teachers in new york city he can pressed similar concerns but the mayor insists kids need to be in school. >> schools need to be open. everyone talks about the needs of our kids. their health needs, physical health, nutrition needs, socioneeds, schools need to be open. >> in new jersey and new mexico, some school districts will go remote instead of returning next week. in fact, over 1,000 schools in two dozen states are facing a destruction to in person learning. but the chief of pediatric critic at new york's cohen children's medical center with omicron the illness is less severe particularly with kids. however with experts noting sociodevelopment to physical and mental health, even nutrition, he says the negatives of staying home are also severe. >> so i think it is a good idea to try to keep schools open as best we can and i think the best way to do this is to use proper masking, mandating to vaccinate. >> washington, d.c. public schools are opening for in person learning but requiring students and faculty to produce a negative test before showing up in class. bret, back to you. >> bret: mike, have they made that decision definitely or when do you think the decision is going to be made? >> well, as it relates to the chicago public schools, they just said that they favor the shift to remote learning. they said that they have favored it, not necessarily that they are going to take that action, bret. >> bret: there's a lot of school districts that are pending that decision, probably in the next couple of days, mike, in chicago. thank you. the travel nightmare meantime in america's airports stretching into a sixth day, listen to this. more than 975 flights have been canceled so far today. that's on top of nearly 100 cancellations yesterday. travel experts say the situation could get worse as millions are expected to travel before the final busy days of the holiday season after the new year. airlines have blamed the mess on staff shortages on the omicron variant, vaccine mandates, and scattered winter storms. stocks were mixed today, the dow gained the 90. marking a record close for the first time since november 8th. also gave the dow a 6 day winning streak longest since march 15th. s&p 500 finished ahead 7. record close for the second time this week. the nasdaq dropped 16. up next, the nationwide testing shortage got a lot more complicated today. we will explain that. first, here's what some of our fox affiliates around the country are covering tonight. fox 13 in seattle as washington state patrol reports responding to hundreds of incidents in king county since snow fell on christmas. more than 250 car crashes were reported on king county streets alone with another storm on the horizon, officials suggest the best option stay off the roads if possible. fox 31 in denver where authorities say the gunman who went on a shooting rampage killing five people killing two personal and business dealings. the gunman identified as linden james mccloud was killed monday night after he shot a police officer who confronted him in a busy shopping district. and this is a live look at a.o.c. city from fox 25. the big story there tonight, tulsa's store owner says someone stole their dinosaur statue from outside their shop near route 66. the eclectic gift store posted surveillance video showing the thief carrying the jury was stick figure on his back away. police are on the lookout. that's tonight's live look outside the beltway from "special report." we'll be back. ♪ it's wrong ♪ feeling if you are gone ♪ baby, it's time to come home ♪ there's an awful lot of breathing ♪ but can i hardly move ♪ so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight. thanks. we'll see ya. ah, they're getting so smart. choose the app that fits your investing style. ♪♪ ♪ >> bret: president biden is on his way to wilmington, delaware where he is expected to stay through the new year as the u.s. faces soaring covid-19 infections from omicron and changing guidance. maybe providing more questions than answers correspondent david spunt was with the president earlier today in rehoboth beach. >> just one day after the u.s. saw the highest number of daily cases since the beginning of the pandemic the president's covid response team announced national guard troops and ventilators are on the way to states. a move reminiscent of the early days of the pandemic. >> our message to governors around the country is simple. if you need something, say something. >> the administration preparing to send out 500 million free at home tests in a matter of weeks to help quell long lines that in some cases last not one or two but three or four hours. earlier this week, the president admitted his team is behind the 8 ball on testing. >> not enough. it's clearly not enough. if we had known we would have gone harder and quicker if we could have. >> to make matters even more complicated, the fda on tuesday expressed concern about the effectiveness of anti-general rapid tests. nose swab tests that yield results in just minutes. according to early data, those tests are less effective in detecting omicron. meanwhile, the president is under increasing pressure to make a decision about whether he will than date vaccinations for the millions of people who get on a plane or train to travel. after a brief walk on the beach tuesday with the first lady and his new dog commander, the president was asked about travel vaccine mandates. >> when might you make a decision on vaccine requirement? [inaudible] >> critics say don't do it? >> when you have a leader overstep their authority, especially in a time of crisis, that's when you break this country. >> today, dr. anthony fauci said he is not inclined to recommend a travel vaccine but that could always change. bret? >> bret: david, thank you. tonight we remember former nevada senator and former senate majority leader harry reid. the long time democratic lawmaker tied tuesday after a four year battle with pancreatic cancer, correspondent jonathan hunt takes a look back at harry reid's life and career. >> we're going to continue to fight good things for this country. >> nevada democrat harry reid retired from the senate in 2016 after more than three decades in congress. shortly after suffering an injury at home that claimed vision in his right eye. in may 2018, reid was treated for peak cancer. known as a soft-spoken leader who carried a big stick, reid took over as senate majority leader after the 2006 midterms. his reputation as a shrewd back room negotiator helped shepherd the passage of the affordable care act on a straight party line vote in 2009. a legacy republicans in congress are still trying to disassemble. reid was born into poverty in the tining miny town of search light, ned in 1939. a boxer in his youth, reid trained in high school under future nevada governor michael callahan who became his political mentor. reid worked nights as a capitol police officer to pay his wait through law school at george washington university. and survived an attempted car bombing by the mob during his tenure as chairman of the nevada gaming commission. >> make sure you are going to work as hard as you can at trying to do what you want to do. i believe that's a lesson for everyone. a little boy from search light has been able to be part of a changing state of nevada. i'm grateful i have been part of that change. >> within d.c. circles, reid may be best remembered for enacting the nuclear option, the historic set reid and democratic colleagues took in november 2013 to prevent filibustering on presidential nominations. after retiring, reid co-founded a public policy think tank at unlv with former house speaker republican john boehner. harry reid is survived by his wife landra and five children. jonathan hunt, fox news. >> bret: flags on capitol hill are flying at half-staff in harry reid's honor. tonight, harry reid was 82 years old. up next, there is no end in sight for the southern border crisis after historic year of apprehensions. we'll talk about that next. ♪ [narrator] this is steve. he used to have gum problems. now, he uses therabreath healthy gums oral rinse with clinically-proven ingredients and his gum problems have vanished. (crowd applauding) therabreath, it's a better mouthwash. at walmart, target and other fine stores. at university of phoenix, we have scholarships for everyone hard at work, no matter where you work. get up to a $3,000 scholarship, starting with your first course. explore your opportunities at phoenix.edu ♪ >> bret: among other things, president biden's first year in office was marked by a growing crisis on our southern border. authorities recorded more than 1.7 million migrant encounters in fiscal year 2021. correspondent bill melugin had a front row seat for months there on the border. bill joins us now from our west coast newsroom. good evening, bill. >> bret, good evening to you. the border crisis certainly has not taken a break over the holidays. we have got some brand new numbers, courtesy of a dhs source and we will get into those now. take a look at this. just in the last 24 hours, just in the rio grande valley sector alone, there have been more than 1100 migrant apprehensions since october 1st, the sector has seen over 136,000 encounters. that is up 160% over the same time period last year. on top of that, the rio grande valley sector has already seen more than 12,500 known got-aways just since october. meanwhile in del rio sector, the second busiest, there have been more than 800 migrant apprehensions in the last 24 hours. there have been almost 89,000 apprehensions since october 1st. that's up a staggering 238% over the same time last year and just over the christmas weekend, the del rio sector saw more than 2700 migrant apprehensions including the arrest of three sex offenders, bret? >> bret: you know, bill, after all the months you spent on the border and i know you are heading back that way in a few days, seeing all these challenges this year firsthand, what's the morale like for the border patrol down there? >> bret, it's absolutely rock bottom. and we talked to them every time we go out there on these trips. we talk to then out in the field. their biggest frustration right now is they feel like they have essentially been turned into social workers, always having to do paperwork or processing of a family unit. sometimes they feel like uber drivers just doing transport. few of them have actually out patrolling which is what they signed up to do. fell tell us they feel like the u.s. welcome border patrol rather than the u.s. border patrol. they shake our hands and thank you for being out and there covering what's going on. one of the biggest frustrations they have is what happened in del rio over the summer with 15,000 people showing up under that bridge more than 10,000 ended up getting released into the country. we will send it back to you. >> bret: we looking forward to more of your excellent reporting along the border in 2022, bill, thank you. >> thanks. ♪ ♪ >> bret: all right, the bottom of the hour, back to our top story, ghislaine maxwell guilty of five of six charges according to the jury of helping jeffrey epstein procure young women and girls for sexual abuse. let's bring in george washington university law school professor jonathan turley. jonathan, good evening. >> good evening. >> bret: you have followed this case five of six counts. we don't know what the sentence is going to look like but your thoughts on how it transpired? >> well, we know it's going to be a long one. people talk about the maximum sentence of 65 years. that's not really what's going to be driving this. this will go under the guidelines. there are what are called aggravating factors and that's going to push up what would normally be about a 12-year sentence. it's going to push it up higher. but the jury got it right. you know, i thought that the maxwell defense, as hard as it tried to make something out of the defense, really had an impossible task. it was just implausible that she was assisting in putting underaged girls on flights to an island and suggesting that there was anything but sex trafficking involved. the jury obviously reached that conclusion on five out of six counts. but, in some ways, bret, the eviction is going to raise a lot of questions as to the other side of this. you know, she was found guilty of transporting minors, these girls were encountering not just epstein but a list of high profile figures that were on the so-called lolita express and island. what happened to the other end of this criminal enterprise? you know, it's like convicting the get away driver but not the bank robbers. >> bret: you know, that brings up the question. does this end here or do you think that there is possibility of prosecutions going forward as you mentioned? >> well, i would have thought that if she had names to give or today put forward she would have done it by now in order to get a cooperating agreement. she can do a post conviction cooperating agreement. there has always been these rumors that epstein filmed some of these encounters. and we don't know if that's true or not. and if she has that type of evidence, she could go to the prosecutors and say, well, now that i'm convicted, i'm willing to cooperate if you agree to come back and ask for reduction of sentence or to delay my sentencing and ask for credit towards cooperation. we don't know if she has that type of evidence. >> bret: right. she did not take the stand. and, as mentioned before. there were -- this was the focus on four of the victims. but, there were dozens of them potentially. >> yeah. this was interesting, bret. because the profile of the prosecution defense was to minimize risk on both sides. the prosecutors could have put on more victims. they decided to go forward with four because they knew they were going to have trouble with contradictions with attacks on their memories. but the defense took the ultimate safe play. they did not put maxwell on the stand. and a lot of people have been critical of that because it's hard to imagine a jury finding her not guilty without hearing from her in a case like this. i have to say the criminal defense attorney i don't think i would put her on the stand because i don't think she could have withstood cross-examination. i mean, the evidence against her was so overwhelming and so really represent bree hence cybil. it would have been a massacre on cross-examination. and i think the defense decided they were going to hope for a hung jury. >> bret: all right, jonathan turley, as always, thank you. >> thanks. >> bret: up next, what's causing people to leave the nation's capital and several big states around the u.s. at high rates? we will bring you that story. first beyond our borders tonight, president biden announces he will hold a phone call with russian president vladimir putin tomorrow to discuss a range of topics including the russian troop buildup on the ukrainian border and that is a big deal according to pentagon officials who are worried about that. mean time some nhl players are voicing their frustration over the league's decision barring them from participating in the winter olympics in china. the agreement between the league and the player's association was contingent upon pandemic conditions not worsening and disrupting the season. the nhl announced it was withdrawing from the winter olympics last wednesday. just some of the other stories beyond our borders tonight. we'll be right back. ♪ >> bret: new census data shows people are moving out of the nation's capital at the highest percentage when compared to the 50 states. while d.c. officials refuse to hypothesize about the cause of the exodus, some current residents have theories. here is correspondent mark meredith. >> from its majestic monuments to diverse neighborhoods, washington, d.c. has a lot to offer but new data from the census bureau shows fewer people actually want to live in the nation's capital. >> it's so different from when i moved in 2019. it's a very different place right now. it's not the best. >> the federal government estimates d.c. lost more residents percentage wise than any other state or give leapt in the last year. the government doesn't speculate as to why people are leaving but residents tell us it's no mystery. >> i actually know people that have gone to maryland, virginia, or other states where it's cheaper, where it's more safe. there is more jobs there or they want to be with their families. >> recently d.c., like other major u.s. cities has faced challenges from pandemic restrictions to rising crime and social unrest but last year d.c.'s mayor muriel bowser scoffed at reports people were fed up and moving out. >> people are not leaving d.c. in droves. in fact, d.c. is still one of the hottest places to live in america. >> d.c.'s deputy mayor says the city will carefully review and validate the census data and he argues d.c.'s come back will be, quote: robust. it's not just d.c. seeing declines. the government says trailing d.c. percentage wise americans also left new york, illinois, hawaii, and california. the biggest population gains by percentage were in western states with idaho, utah, montana and arizona all seeing their populations grow within the last year. >> the government also reports the u.s. population overall is still growing but at the slowest rate of growth ever recorded in american history. census officials say the pandemic is partially to blame. bret? >> bret: mark, thank you. football fans are mourning the loss of one of the nfl's most iconic figures, hall of fame coach john madden. the league says he passed away tuesday at the age of 85. cause of death was not given. madden first gained fame as a head coach of the oakland raiders winning the super bowl following 1976 season. after he retired from the sidelines, madden became a household name as a tv analyst with a 30-year career that included calling 11 super bowls, not to mention becoming the face and voice of one of the most successful sports video game franchises of all time. madden's death comes just days after fox sports aired documentary on his life. that documentary will reair tonight on fox sports at 9:00 p.m. and 10:30 p.m. eastern time and on the fox broadcast network, your fox affiliate, tomorrow at 8:00 p.m. meantime, just getting in, one of the accusers of ghislaine maxwell, one of the people, the young women involved remember maxwell convicted by a jury, this is virginia, she says my soul yearned for justice for years and today the jury gave me just that i will remember this day always, having lived with the horrors of maxwell's abuse, my heart goes out to the many other girls and young women who suffered at her hands and whose lives she destroyed. i hope that today is not the end but, rather, another step in justice being served, maxwell did not act alone. others must be held accountable, i have faith that they will be. again, just receiving that. up next, the panel on inflation, covid confusion, amid the omicron surge and the possibility of schools returning to remote learning. ♪ >> keep them safe and keep them open. >> parents should be prepared for the possibility that their student may need to be remote. ♪ superpowers from a spider bite? 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that is the basis for that decision. >> the decision talked about there the quarantine from 10 days to five days. a lot of people are saying they are welcoming that, obviously, as more omicron cases pop up around the country; however, the decision to make it and what's behind it for the cdc director to say it had to do with what we thought people would be able to tolerate. let's start there. let's bring in our panel, mollie hemingway senior editor at "the federalist." charles lane opinion writer for "the washington post" and "the washington post" columnist marc thiessen. i guess that perked up my ears. marc, listening to following the science for so long. >> yeah. no, i mean, honestly, we would have been better off in this if the cdc didn't exist. it's been a disaster from the beginning. just this week they revised downward the prevalence of the omicron variant from 73.2% which they reported great confidence last week know they said it was actually 22.5. that's not a minor revision. that's a 50.7 percentage points. how do you get that badly wrong. and they did this now on the isolation? they also came up with the six feet distance rule out of whole cloth. there was no science behind it that's what shut down all these schools. the cdc were wrong on masking. they screwed up the testing at the beginning of the pandemic. they wouldn't let private labs do testing. the cdc is an absolute disaster. i don't understand how people can trust our public health officials anymore. >> bret: chuck, what do you think about that, what marc is saying and also kind of trying to find out our way forward as we see a less severe omicron popping up, really in every state? >> in terms of tolerance, the word of the day, i guess, people will tolerate a lot of things from government in a situation like this. but the one thing they won't tolerate is mixed messages and confusion. and, unfortunately, i think that's kind of what's been coming out of the authorities all over the country now. you have a situation in chicago you guys were just covering where it seems it's going to be up to the teachers unions to take a vote as to whether we go back to school or not. there is confusion about exactly how severe omicron is going to end up being in terms of illness, what it looks like now is we have a high case rate but dr. fauci says it's not that severe of illness. if it's not that severe of illness, then what is the case for closing the schools, et cetera, et cetera? and after almost two years now, into this pandemic, i think a lot of people had the expectation that once we got vaccinations on board, normality would reign and it would reign pretty much permanently and we are at a point now where that has not turned out to be the case. i think there is a danger that some people are going to throw up their hands and say that's it, i'm not listening anymore. >> bret: you think about big issues, mollie, one of the biggest issues that crosses party lines, republican, independent, democrat is what is happening with schools? what's happening with kids? let's take a listen to back to school concerns. >> we're prepared and we know what it takes to save lives, protect people, and keep schools and businesses open. >> there are not enough adults in there, you need to go remote. it's not safe in those buildings. >> the science is clear, schools need to be open. >> we are moving every day to make sure our schools remain safe. >> we should expect classrooms or schools or grade levels to temporarily transition to a virtual learning posture as needed. >> bret: it's hard to imagine virtual learning coming back across the country, mollie, after what we saw for 18 months and the detriment that a lot of people say it did to kids. >> it is scandalous that is even being proposed. there was never good scientific reason for locking children away from school and in person learning. it really is true now that we know that it is not something that is good for children, that it has a scientific basis. i was so struck by how anthony fauci talked today in terms of the costs and benefits associated with different policies. cost benefit analysis is what all of our public health officials and the people who listen to them should have been thinking about during this entire pandemic and it's something that you don't really hear them talk about at all. when you look at schools, the cost to our children of banning children from schools have been way too high. it has been so bad for the mental health of these children. it has been so bad for the educational development of these children that you have union officials and other bureaucrats talking about doing it again is scandalous. i will point out in virginia where we recently had an election that saw the unseating of our entire democratic statewide officials being replaced with republicans, arlington, one of the counties here near d.c. just announced they are not going back to virtual learning even though other neighboring counties in d.c. and maryland are doing just that. and i think that's a realization politically nonstarter and profound consequences for the democratic officials in virginia. >> bret: we will see what happens around the country with those decisions down to the school board level. meantime, marc, as we are talking about all the different things, testing and we have been talking about getting the tests out. you can't get the home tests and then if you get the antigen test that the administration sends out, now there are questions about whether it works or not with omicron. take a listen. >> the antigen test may not perform as well as well as it had for prior variant the alpha variant and delta variant there is quite a bit of infection. really, really helpful tool. if you have a negative antigen test and you have symptoms, then you should go ahead and get that prc test. >> if you don't have enough tests to go around -- and that's clearly the situation we are in now -- then don't issue broad guidance telling everybody to test. we have got to move to a selective testing policy based on rationing our limited resources. >> bret: it all ties together here, marc. some of these school districts are saying everybody has to test. every kid and teacher has to test even if they are asymptomatic. it's amazing that it's all tying here together. >> it is amazing. and, also, there is a shortage of prc test. try to book a prc at walgreen's or cvv and see how long you have to wait for it. next to impossible to get. president biden's $1.9 trillion covid relief package. where is the test? where is the operation warp speed for therapeutics. we have shortages of treatments for people. as for the schools, one fact that people ought to know, if germany just reported marty makary just tweeted this out germany just reported in 15 months not one single healthy child has died of covid in germany. rochelle walensky was asked what the number was here in the united states. she said we don't know. the u.s. government doesn't know whether any healthy children have died of covid. well, germany not one. there is no excuse for closing schools. there is no excuse for the damage that we are doing to these children that they will never, especially poorer minority kids that we'll never recover from. >> bret: chuck with all this commentary and analysis we are not saying it's easy this public policy challenge of covid, it never was. it wasn't easy for the trump administration it is definitely not easy for the biden administration. the politics behind it if you are the candidate that says you are going to extinguish covid-19 and you are going to be much more successful in all logistics aspects of it. and that's what you can't paint on then the politics of where we are now going to turn around and bite them, isn't it? >> well, you know, they planned, if you can recall, july 4th to be the day of independence from covid. and at the time they planned that it seemed like a reasonable idea because the vaccines were coming on stream and it looked like the worse was over. and then along came the delta variant and, you know, scrapped that plan. and now we have another variant. and i think what that shows is that they took kind of what in hindsight doesn't look like a very smart risk in raising a level of expectation of how promptly this virus could be put behind us. it's just the way politics works. even if this is a difficult problem to fix, it's very complicated, it's hard to stop the spread of a virus. the person and the party who are in charge when people are dealing with it and they are unhappy about it and those lines of people for testing remind me so much of the gas lines i grew up with in the 1970s. the incumbent will pay. that's what they are looking at if this thing doesn't turn around. >> bret: people are tweeting me all the time about it. i mean, i get inundated with people telling stories. erika just tweeted: i can't find a test, bret, i'm sick as a dog. they are being snapped up by people who don't need to test themselves because they are being told that they have to test. this is crazy, she writes. all right, panel. thank you. when we come back, tomorrow's headlines. ♪ ♪ with directv stream i can get live tv and on demand anywhere. look, serena williams... matrix... serena... matrix... serena... matrix... ♪ ♪ ♪ get your tv together with the best of live and on demand. introducing directv stream. ♪ it wasn't me by shaggy ♪ you're never responsible wit for unauthorizede and on demand. purchases on your discover card. it's a thirteen-hour flight, that's not a weekend trip. fifteen minutes until we board. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? 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>> my headline for tomorrow is that new polling will be released showing that nine out of 10 americans are ready for dr. anthony fauci to go ahead and take a long walk off a short pier or otherwise move on as frustration grows are his unscientific and ever-changing guidance. >> bret: all right. chuck? >> my headline choice is putin hangs up on biden, which is not a real headline but just a way of saying there is something fishy about this request from vladimir putin to speak right away with president biden about the situation in ukraine and i have a bad feeling about where he is trying to take this. >> bret: yeah, supposed to be 3:30 tomorrow morning. we will have that story tomorrow. thank you, panel. tomorrow on "special report" we will continue to follow the federal government's response plus we have got all of that foreign news as well, including that phone call. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. "fox news primetime" hosted by ben domenech starts right now. hey, ben. >> ben: thank you, bret. ♪ ♪ >> ben: good evening and welcome to prime. prime.if you are watching tonigt aware that there is a war on the american way of life where anyone who believes truths like faith or freedom or the flag or the fact that george washington and thomas jefferson and teddy roosevelt are good people like you are the enemy. as abraham lin