out about the 500 million kids biden promised. you are watching "fox and friends first" on thursday morning. kevin: great to have you with us this early morning. fox news it. ghislaine maxwell found guilty on 5 of 6 counts including sex trafficking in connection with years of working for and having relationship with the late jeffrey epstein. todd: maxwell's accuses rejoice. >> reporter: ghislaine maxwell so no emotion after being found guilty of recruiting and grooming teenagers for sex calling taking a supporter and talking with her attorney after the verdict was read, the jury finding maxwell guilty on 56 counts after 5 full days of deliberation. >> a unanimous jury found ghislaine maxwell guilty of one of the worst crimes imaginable. facilitating and participating in sexual abuse of children. crimes that she committed with her longtime partner and co-conspirator jeffrey epstein. >> reporter: maxwell was acquitted only account 2, enticing a minor to engage in illegal sex acts. her defense team vowing to appeal the jury's guilty verdict after attempting to paint maxwell as a scapegoat. >> we firmly believe in her innocence. we are very disappointed with the verdict. we 40 started working on the appeal and we have confidence that she will be vindicated. >> reporter: reaction pouring in from maxwell's accusers many of whom were young teenagers at the final their alleged abuse by maxwell and jeffrey epstein. any farmer saying she can't search too many more women than the few of us who had a chance to testify in the courtroom. i hope this verdict brings almost a wall who need it and demonstrates that no one is above the law even those with great power and privilege will be held accountable when they sexually abuse and exploited the young. virginia roberts who was not call is what is in the trial but is one of maxwell's most vocal accusers reacting on twitter i hope that today is not the end but rather another set in justice being served. maxwell did not act alone. others must be held accountable. also suing prince andrew for sexual abuse allegations, he has flatly denied. a sentencing date has not been set, maxwell facing 65 years in prison. back to you guys. todd: thank you. here is jonathan turley reacting to the verdict. >> from the outset the defense was rather implausible. this was a woman who was arranging the transport of young girls, underage girls to epstein's house, also flights to his island. hard to imagine anything was involved other than sex trafficking or abuse of these girls. there was no explanation offered by the defense, she didn't take the stand because i don't think she had anything to say when confronted with these facts. for years we have had a striking disinterest in pursuing the people who were receiving these benefits from epstein and maxwell. they are out there and the question, will anyone be asking who they are, what they did and what evidence she may have. kevin: to the pandemic, line throughout the country carrying on for miles and miles as people wait hours to get tested for covid 19 but the white house pumping the brakes on mass mailing a half billion tests, with isolation guidance. >> the very latest. >> and an audio briefing the president's covid josh is have 1 billion tests will be distributed for free. the contract has yet to be depleted. they ramped up testing and has not been enough. >> 46 million in october, 100 million october, it is not enough. they would have gone harder and quicker if we could have. >> reporter: little consolation for millions of americans waiting in long lines ahead of new york -- new year's eve, the number of covid cases, and the worst single day last winter. and the highest risk anywhere in the country, 100% spiking cases in the past two weeks as the cdc recommends isolation time because it in half from 10 days to 5. could? the administration of focusing on business instead of science. >> what is it they will do? sound like this decision had as much to do with business and science. >> it had a lot to do with what we thought people would be able to tolerate. >> no testing requirements a return to work which has some airline and nurses unions in the move. doctor fauci says the rapid test might not tell the story. >> the antigen test don't have good predictive value as to whether you are transmitting. >> reporter: not all the state plan to follow the new cdc guidance. that about of health issue statement in michigan said it would not be adopting the isolation time for now. happy new year. kevin: lucas tomlinson joining us this morning. biden is at the beach even as the cdc is creating mass confusion. looking at the record number of us cases. listen to what charles wayne had to say about what is likely to befall the biden administration if they don't do this too soon. >> the expectation that once we got vaccinations on board, normality would rain and would rain pretty much permanently and we are at a point where that is not turned out to be the case, they threw up their hands and said i am not listening anymore. those lines of people for testing reminded me so much of the gas lines i grew up with in the 70s, the incumbent will pay and that is what they are looking at if this doesn't turnaround. kevin: the incumbent will pay especially when you consider people have done almost everything they said along those lines, two weeks to stop the spread or whatever the number was, let's all get vaccinated, stay home, wash your hands and the numbers are still going up and this is a president who promised to have an answer to the problem as he ran for office and essentially throwing up his hands. todd: he's not doing his administration the easiest thing to do which is literally sign a contract with your government money to get these tests in our hands. we knew that the holidays around december 25th they seem to follow around that day every single year. we know people gather with loved ones around that time so inevitably combined that with colder temperatures, the fact that people are gathered indoors, numbers will go up so you think the white house would have the tests at the ready but the contract hasn't even been signed yet and that is unconscionable. to your point while we all do what we are supposed to do and what we are told to do the government canceled the one major mission and 100% focused on mandates for vaccines and masks and especially in new york city, who got kicked out of applebee's joins us, what she thinks about the mandate worlds going forward. >> ~blah 0 is not our parent and nowhere is safe. if this is happening in new york city people need to wake up. this could happen in their city too and we can't simply hand over our big cities. new york is like the capital of america in many ways. can't just handed over to people who want to create a separate society. todd: the reason she was kicked out as she did not show proof of vaccination but why do we need to show that proof going forward especially with the latest variant we know that everyone can transmit this virus to everyone else whether you are vaccinated or not vaccinated. when you go out in public everyone can transmit it and you can transmit it to everyone else, you know the risk you are taking when you go to applebee's. why do we need law enforcement to come in there and embarrass a mom and a 5-year-old child over what amounts to just show at this point? kevin: those who watch the summer of violence and watch people go in and break into stores and lieutenants steel and people stand by and watch it happen and yet they are out there and forcing will against a mom and a 5-year-old, it is infuriating and she made some strong points on the show earlier today. todd: a sad state of affairs where we are here in 2021, doesn't look like it is getting better headed into 2022. we move on to a fox weather alert. taking a look at where we are, severe storms pummeling the south as a, quote, large and extremely dangerous system moves into place. tornado confirmed in alabama, tornado warnings issued in mississippi, no injuries have been reported but there is significant damage. >> snow county north carolina, sears of storms dumping 17 feet of snow on the sierra nevada, trapping some people in the lake tahoe region. pretty scary stuff here. >> reporter: both of those systems on the move again with the temperatures in the southeast very warm, springlike and that is where all of that snow, round after round is falling, storm systems march across the southeast. we saw one large tornado but a bunch of severe thunderstorms on the move through alabama, georgia stretching into the carolinas. early this morning a lot of lightning in the atlanta area. these will track across this region through the entire day thursday piling into the carolinas. tornado as possible but a lot of severe thunderstorms and otherwise we see rounds of moisture in the pacific ocean bringing a ton of snowfall as well as along the coast. southern california, here is your additional snowfall in those areas, 17 feet of snow pack, more snow on the way, capote feet when you get into verbal areas to the west of denver. rounds and rounds of winter weather will come. snowboarders, skiers are loving it but it has been nonstop for the folks at west. kevin: thank you for that and get the counterclockwise flow and you know you will get band after band of heavy snow this time of year as you got to be careful in the high country in particular snowshoeing. 13 after the hour on "fox and friends first". americans leaving blue states and cities for red states in droves. here is a question, what is behind the mass exodus? todd: breaking it down with doctor carol swain coming up next. ♪♪ ♪♪ go your own way ♪♪ autism, finding the right words can be 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 so many people are overweight now and asking themselves, "why can't i lose weight?" for most, the reason is insulin resistance, and they don't even know they have it. conventional starvation diets don't address insulin resistance. that's why they don't work. now, there's golo. golo helps with insulin resistance, getting rid of sugar cravings, helps control stress and emotional eating, and losing weight. go to golo.com and see how golo can change your life. that's g-o-l-o.com. todd: "fox and friends first," teachers in virginia firing back after school district recommended slashing a grading system over concerns of racial discrimination is w jl a reporting a proposal in arlington suggesting removing late penalties for grades, homework, eliminating extra credit and even granting unlimited redos for some students. angry teachers at one high school say, quote, we believe these changes will impact student learning and socioemotional development and growth in a negative way. the changes will result in the decline of high expectations and rigor in the classroom. todd: kevin: washington dc will require negative over testing students and faculty in order to return to the classroom after the winter break. >> we made the decision to delay by two days, the return to school so that pick up and testing can occur. we are asking parents to go to a website to upload the result tuesday by 4:00 pm. kevin: muriel bowser speaking there, officials expect to transition between in person learning and virtual learning throughout the spring semester. todd: thanks. americans are rapidly moving out of liberal lead cities and the latest u.s. census data shows mass exodus is intensifying with the nation's capital, washington dc, seeing the highest general population decline in 2021 dropping by 3%. distinguished senior fellow for constitutional studies for the public policy foundation doctor carol swain joins me to discuss. thank you for being here and with all due respect, to my esteemed colleague i'm angry with, kevin cork, who lives in the district, unless you have to be there for your job why would anyone day in dc? >> i agree. i used to love to travel to dc and when i go there now it is like a wasteland. i talked to the board in new york, california, chicago, places that at one time i enjoyed visiting and we know why people are fleeing, some of them visit the red states and the red cities and see that we have freedom, low taxes, better quality of life and if they can get out of there they do and that is what federalism was supposed to be about, if people could vote with their feet and that is what they are doing. todd: so much to do in dc, great food, so much history but you got to really think about it and it is not just dc, let's scroll the top 10 states in the line from last year to this year, obviously dc leading the pack but look at the top five, new york, dc, not a state, a district, new york, illinois, hawaii, california the top five and louisiana, massachusetts, republican governor of massachusetts, democratic state. why don't the leaders in these states change their policies that are forcing people to flee? >> they want big government, they get their directive from above. when you talk about dc and say it is not a state, they have been trying to become a state for a long time, they have been trying to become a governor and two senators. can you imagine the city is so poorly run what the state would be like? these blue states run by democrats are oppressive, people don't want to live there. they don't have freedom. they have schools, high taxes, high crime, substandard services, they go to the red areas and hopefully they won't tried to change those red areas into. states. that's my fear. todd: don't bring your bad policies to these other states if you are moving there. this is interesting stat we found drilling down on cities. nine of ten cities with the most black residents historically saw significant decreases since 2000. the only exception is houston, new york, chicago, detroit, philly, baltimore, la, memphis, washington, new orleans. why is that happening? >> black people are just like white people, we are all americans and we care about the quality of life, we care about our children and schools and safety and we may remember 84% of black people did not support defunding the police, people pushing those crazy ideas, crt on americans, those people don't represent any of us. not representing blacks and diversity, pushing an agenda that is harmful to our nation. we have the red states and i think once democrats are out of power they will be out of power for a long time because people have had a taste of freedom and many blacks who didn't support donald trump who are now saying life was better under trump but life is always oppressive in blue cities. i live in one. it is different between a blue city and a red city. todd: to your point all of my black friends, every single one of them want the same things i, they want to be safe, want their kids to be educated and they do not want the police defunded. the notion there is this fisher there is propagated by the media and it is wrong. pick up a copy of doctor swain's book black eye for america, how critical race theory is burning down the house, doctor carol swain, happy new year. over to you. kevin: 23 after the hour. it has been a rough first year in the white house for president biden so what should top his list of things to change in 2022, we know you want to weigh in. liz peek will count down the top five new year's resolutions for mister biden coming up. ♪♪ ♪♪ can't remember ♪♪ when i ever felt worse ♪♪ nothing better ♪♪ superpowers from a spider bite? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th todd: kevin: welcome back to "fox and friends first". biden's first year a bust, the title of a new fox news opted. the author is ms. p and she suggest mister biden should make some new year's resolutions for the sake of the country. tell us what they are. i will give you the microphone. give me the top 5 resolutions mister biden should consider. >> one, he needs to fire somebody. when your white house is sinking like a rock you need to show the country you are not happy with the way things are going. someone should have been fired over the debacle in afghanistan. whoever it was who chose to close bagram airbase, those were crowded and unsafe airports, that person's head should have rolled immediately. it is not too late to show the country that afghanistan, 13 servicemembers, was unacceptable. number 2. he needs to get out from behind his teleprompter. i'm tired of hearing the president say they are not allowing me to talk to you or i'm going to get into trouble if i talk to the press. talk to the press. you need to have some press conferences, mister president, you need to be unscripted and show the country that you can handle the give and take of normal reporting. this is ridiculous. you are the president of the united states. if he is not able to do that he should resign. already nearly half the country thinks the president is not up to the task of the office. show us that is wrong. more from the president unscripted. kevin: let me jump in before you wrap up your list to share this quick soundbite. a lot of people saw it. it bears repeating, listen to what the president said during an interaction that probably will go down in history. listen to this with his wife jill, doctor jill, just a second, listen to this. >> has voting rights with filibustering current form do you think? >> president biden: i am sorry, this last question i will take or i'm really going to be in trouble. i will turn it back to jeff and i understand you have some questions. >> to the press first. kevin: what you saw was the numerous times he said i can't talk, got to move on, they are telling me not to keep going, who is they? you are the president. who tells you what you -- you are the boss, you're the one who should say i am going to talk to the american people and what i think about a variety of topics and not be held back by my handlers. i interrupted, i apologize, finish up your list. >> that is exactly right. it is an embarrassment. number 3. watch more tv, read more newspapers, get in the flow of what is happening in this country. the other night when there was a call in show, a christmas show with the president and the first lady someone from seattle said let's go brandon. biden actually repeated those words and said i agree. does he not know what that phrase means and why it is being used so widely across the country? president biden said i am not following the polls because they are not very good. he should be following the polls, he should be knowing what voters think and why they are angry on 70 different issues right now. it is appalling he seems out of touch about inflation, the southern border. i actually thing is news is being filtered and he needs to be better informed. number 4. drop the divisive's. he campaigned on bringing the country together. polling shows people think we are more divided than we've been in our history. 15% in a recent survey said they thought the president could do that. when he blames republicans for everything that is going wrong or trump who is no longer in office for everything that is going on or when he talks about not being vaccinated being unpatriotic that is not a way of bringing the country together. he needs to work on that much harder. and finally, it is time for the president to show a little love for the united states. i'm tired of telling us we have a system, a racist country and we have to rewrite our history and white supremacist are in charge of everything going wrong. come, and man, as he would say. i don't believe that. we have a country offering opportunity for all and i wish he would say that occasionally. kevin: very interesting stuff and i mentioned the video of the collar from oregon, the let's go brandon, that will go down in history, appreciate you spending time, over to you. todd: president biden vladimir putin holding a phone call, the last-minute request from putin as military tensions rise along ukraine, 2 dozen democrats are retiring from congress. republicans seeing this as a huge opportunity ahead of the midterms. 2022 with claudia tenney next. buried in receipts, invoices and other paperwork that's preventing you from doing what matters most? 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midterm elections around the corner, claudia tenney joins us. great to have you here. let us start the scroll of those leaving the house, we are not going to go for every name, it is so long. the congresspeople retiring, you know their districts. how confident are you republicans can flip a lot of these seats. >> i feel confident about it, the far left controlling the democratic agenda, these people ran on being moderates. if you look the actual voting record, there wasn't a moderate among them. it was given by the squad is a modern by aoc, they are so afraid to stand for their values they are willing to succumb to this far left agenda, that started in new york and california in the house of representatives, they have more moderate voting records. todd: every we have a grand sweep out from capitol hill. this may be the one time in the midterms we actually see a lot more flips than we usually would. let me shift gears for a second. new york health commissioner is admitting pediatric hospitalization numbers were supposed to motivate child vaccinations. listen to what doctor bassett had to say. >> the numbers on phx admissions weren't intending to make it seem that children were having an epidemic of infections. it was to motivate pediatricians and families to seek the protection of vaccination. kevin: like a lot of new yorkers i hear that and it makes you doubt what they are telling you from public policy of a doing this to shame people in one direction or another rather than following the signs and that's the message a lot of people are receiving. are they out of line? what is your reaction? >> this is not a public health. is about political science and trying to push people to get vaccinated regardless whether especially young children are in a risk group. trying to protect the most vulnerable and typically children are not unless they have an underlying exposure and comorbidity. and authoritarian regime, and to create a cast system, your dangerous person in our society. it is not helpful because a lot of people are not able to be vaccinated, they may have had the virus. democrats are moving in a very dangerous way and this is a public health person, a lot of democrats and appoints them so it is unfortunate we are in this position. todd: we interviewed a parent who was shamed at applebee's by the vaccine police. looking ahead to 2022, don't nanny state me, 10 seconds to you. >> people are recognizing this country is about freedom and this authoritarian regime and lockdowns, vaccine mandates, it is a defining issue and why the republicans will take back the house at least. todd: a lot of people in the empire state saying enough is enough. thank you so much for spending time with us on "fox and friends first". >> thank you and happy new year. president biden getting mocked for a tweet touting the best economy in half a century. according to the polls of voters do not agree. todd: i go to cheryl casone who is fact checking the president's claim next. switching wireless carriers is easy with xfinity. just lean on our 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. this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. kevin: president biden mocked online after he tried to celebrate his own economic record over the past year. todd: cheryl casone joins us with more. do you think the band had an extra pep in its step? i think that is what i heard. >> reporter: they are rehearsing for new year's eve. good morning, great to see you. president biden is being locked for this tweet, quote, we are ending 2021 with what one analyst described as the strongest economic record of any president of the last 50 years. let's keep the progress going. many online poking fun at who this mystery the economist could be. there is a speculation the analyst, the typing monkey meme, many economists point to the fact that basically it has been back to pre-pandemic levels, the recovery began in the second half of 2020 when donald trump was still in office. there you go. what economy? that is the question. kevin: i had not seen the monkey thing. i may have to -- >> reporter: the negative economic events we've been talking about a lot to emerge in 2021. dan crenshaw says the blame rests on this administration. >> why do we have inflation in the first place? democrat lockdowns primarily, democrat lockdowns cause permanent disruption to supply chains and production capabilities. that is happening right now and then a multi-trillion dollar plan that increased inflation furthermore by boosting the demand side without doing anything to deal with the supply side. list of fails goes on with the border, afghanistan, inflation, attack on american energy. >> reporter: that was crenshaw's take, skyhigh ablation, the pentagon raise the eyebrows just announcing they will be cutting the stipend for military members. 48,000 troops because they don't live in, quote, expensive areas. that the problem. inflation is at a 41 year high. one more story, got to do the morning show on the business network. a minnesota school policy to pay nonwhite teachers is facing more criticism. >> when you are one of the majority can be very isolating and lonely, to have a support system in place and not to segregate them. it is absolutely to support them. >> reporter: the policy reeks of segregation. >> it is completely racist. i love the linkage of racism. we want to support them. if they don't feel -- such liberal policy disguised as we care about you, feel good and it is an attempt to return to something dangerous. >> got to add, jody staff who chairs the school board, theoh ask themselves before speaking at the school board meeting. the same person you just saw in the first soundbite. kevin: crazy stuff. you are a breath of fresh air and a spark to the morning. see you on foxbusiness, thanks for spending time with us today. okay, midnight migrant flights now reportedly landing in president biden's hometown of scranton, pennsylvania and just like new york and florida politicians in the area say they were not given any notice and they want answers and we are going to talk to one of them in just a bit. todd: the first check of what is coming up on "fox and friends". >> texas congressman dan crenshaw has an exclusive announcement and you don't want to miss it. the top stories, lara trump and actor rob snyder joins us with a special thank you to arizona police officers after his car broke down. most teenagers are working together high school diplomas, meet the 15-year-old who just graduated college. and puppies find their forever home on christmas, we talk to the folks who took those little guys home. big show at on "fox and friends" but don't go anywhere. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. . . todd: biden administration flying illegal immigrants into the dead of the night strand con pennsylvania on christmas. >> panetta. wolf says he is defending the flight containing these illegal immigrants quote over recent weeks unaccompanied children passed through the wicks bear airport in route to final distinction to be unified with their parents or, quote, vetted sponsors. listen, lou, i don't think anybody has to question whether or not these people deserve to at minimum be vetted but the fact that they are sort of flying them under the cover of darkness, i'm just shocked. are you? >> yeah. it was the whole secrecy. they got caught. nobody was upfront. nobody knew it was happening. after they got caught, there were crickets for answers. i asked governor wolf, you know, did he know about this? they vaccinated i'm not only talking about covid. pennsylvania law requires any minors before they go to school poll yorks hepatitis, mumps, polio, chickenpox, were there criminal background checks going and where were they going? should the people in those school districts know? there was no answer at all. a flight on the 119, christmas day we got a present two more planes flew in on christmas night there would have been no knowledge of this if they didn't get caught. >> my question i think we all share, why scranton? why what is to special about scranton that the plits have to land there. >> where are they going they this to fly into scranton. obviously some of the other airports probably would not allow them to land and it's interesting that they would pick scranton, governor desantis is doing a great job in florida in dealing with this issue. i served with ron and i know he suggested possibly sending them from florida to delaware, you know, i could tell ron it's a lot closer to go from scranton to delaware than to fort lauderdale to delaware. people here should know. we should know the facts and background before people are just dropped off into our communities. >> nominee wilkes bury deserve to know what's going on. we have 15 seconds left what's the message to the people in the keystone state what happened. 15 seconds. go. >> we need a governor here that will protect the people here in pennsylvania. that's the governor's responsibility. not to have blind faith in the obama administration that they are doing all these they cans on people before they come into our communities that's what they will get when i'm the next governor of pennsylvania. >> lou barletta, thanks for joining us. todd a pleasure to be with you my friend. todd: kevin, you are awesome. you myer buddy. it's been awesome to do this with you merry christmas and happy new year to you. with that "fox & friends" and our friends there. take it over. bye-bye. ♪ ♪ ♪ ♪ lawrence: welcome to "fox & friends." you are looking at a times square that is already preparing securitywise for the new year's celebration. here with me carley shimkus, joey jones, the jon b