the announcement comes after president biden said americans should be concerned but not alarmed with the rise in covid cases. his remarks today coming after the u.s. became the first country in the world to record 1 million new cases in a single day. nearly doubling the previous record set less than a week ago. the president also saying the federal government is adding new test sites around the country each day after pledging to send out a half billion free tests last month. a promise that has made little to no progress as some schools revert back to virtual learning. white house correspondent jacqui heinrich starts us off live from the north lawn. good evening, jacqui. >> good evening to you, bret. after public pushback the cdc now says people should use a rapid test after a positive covid case after five days of isolation if you can get one and if you want to. and if you test positive, you should keep isolating until day 10. it is another shift in policy after setting a new single day record for covid infections here in the u.s. 1 million new infections yesterday. today president biden focused much of his messaging on one group. >> there is no excuse, no excuse for anyone being unvaccinated. this continues to be a pandemic of the unvaccinated. so we got make more progress. >> with the omicron variant evading vaccine protection more than any strain before. there is a new white house emphasis on therapeutics. the administration doubling order for pfizer antiviral pills with 4 million covid treatments expected to be on hand by the end of the month. >> we may need even more. that's the estimate we need right now. >> but challenges persist with testing. the white house touting efforts to set up federal testing sites as frustration builds around over-the-counter test scarcity and the delivery of 500 million test the administration promised still in the works. >> we are finalizing the democratic. while i expect we can share additional details with all of you soon, certainly we hope to do that. >> availability of test is complicating the administration's vaccine mandates. >> obviously getting vaccinated. they are free across the country. available across the country. >> the white house still expects the mandates to be upheld as challenges go before before the supreme court this week following a blow seals. writing there is no military execution from our constitution. right now the government's definition of fully vaccinated does not include a booster shot despite a month's long campaign to promote them. prompting questions about what challenges a change might present. >> revising the guidance cause some sort of logistical or political or economic consequence that the white house isn't ready to embrace like, you know, not being able to go to restaurants, people go to offices? we have boosters available for every american. they can get boosted now regardless of what the cdc guidance is. >> also tonight over-the-counter test if you can get your hands on one are soon going to cost you more. walmart and kroger are raising their prices for rapid tests after their pricing deal with the white house expired; however, as soon as next week, you should be able to get reimbursed for those tests through your insurance company with new administration rules going into effect, bret. >> bret: so just to be clear, they are revising the quarantine guidance to include this testing component after, what, public pressure? what's the change? >> yeah. there was a lot of public pressure after the cdc reduced its recommended quarantine time after positive case from 10 days to five days and did not include any recommendation to conduct a test. now they say if you have access to a test and if you want to test, the best one to use is a rapid test. they also say only to do that test if you're fever-free for 24 hours. if you test positive, keep isolating until day 10. that's probably the biggest shift in that policy. they also noted that a negative result doesn't rule out infection as is noted on the label of those rapid tests, bret. >> bret: okay. jacqui heinrich live on the north lawn. thanks. the cdc is changing its timeline for when people should receive their pfizer covid booster shot. the news coming amid an onslaught of criticism over the agency's shifting guidance as we have been talking about on certain recommendations. and some states see a sharp rise in covid hospitalizations this week. correspondent jonathan serrie has the story from atlanta. home of the cdc. >> although most omicron cases are relatively mild, the unprecedented numbers have driven hospitalizations up 31% from last week. essential services. atlanta's rapid transit train trips may be canceled and more than 1,000 boston public school employees were out today. >> i recognize in some cases schools may have to make temporary emergency decisions that they have a large number of staff, for example, who are out sick or if they feel they can't take these measures. the goal is to keep our kids in school. >> 1, 2, 3. >> today the cdc shortened the original six month integral between the pfizer vaccine second dose in booster shot to five months the change the fda authorized yesterday. however the cdc is waiting to hear from independent vaccine advisors tomorrow before acting on the fda's authorization of pfizer boosters for children ages 12 through 156789 the agency is also expected to issue guidance on testing as part of its shortened five day isolation and quarantine peertdz. but former surgeon general jerome adams says highly sensitive pcr tests can produce a positive result for weeks after recovery and rapid tests are in short supply. >> you should get a rapid test if you can, the problem is that the administration has not yet delivered the rapid tests so they didn't want to put out a policy telling you to do something which then reflected blame back on them. >> in florida, where the positivity rate exceeds 26 %, the state's top health official questions the value of testing people who are asymptomatic or at low risk for complications. >> we're going to be working to unwind the sort of testing psychology that our federal leadership has managed to, unfortunately, get most of the country in. >> and in a study awaiting peer review, french scientists have identified a new variant, which they have named ihu, it contains 46 mutations and while that's a concern, it's only been identified in 12 patients so far and researchers say it's too early to know for sure how dangerous this variant is compared to earlier strains of the coronavirus. bret? >> bret: okay. we'll watch it jonathan, thank you. the huge rise in covid cases also reigniting the debate over remote learning. in chicago, for example, the city's powerful teacher's union is set to vote tonight on whether to shift schools online until they feel it's safe to return. today president biden said kids should be in school. a sentiment shared by chicago's mayor, lori lightfoot. correspondent garrett tenney is this chicago is live with the latest. good evening, garrett. >> bret, good evening to you. that vote was scheduled to take place this last hour but we haven't heard whether or not it's actually happened. we know negotiators were meeting this afternoon so it is possible those talks continue as the two sides discuss this long list of safety demands from the teachers union. including increased testing, better math, and clear metrics for which schools will transition to remote learning if there are any outbreaks. this arch the district said it has agreed to all of those, but a short time later the union's president said city leaders are not doing enough to keep teachers safe and his members don't have a lot of options other than not showing up for class. >> we're in the highest part of the omicron surge. that's the issue. and when there is 20% positivity or higher, people are very concerned in talking about a evasive variant. >> ahead of tonight's scheduled vote school and health officials acknowledged those concerns but said the data and the science doesn't support them, given that 91% of chicago public school staff is vaccinated and nearly a third of students have received at least one dose. >> the hospitalization risk new england working age adults who have received booster vaccine literally zero. >> there is no evidence in our schools throughout the whole entire semester with all the complaints that existed about what we didn't have the misinformation that we saw any significant level of any transmission. it just we just didn't see it. >> health experts maintain that schools are among the safest places for kids to be. and some chicago parents are frustrated the teachers union isn't following the science in putting the well being of students first. >> they will never pass up an opportunity to exert their leverage and they will get power plays. and unfortunately, our kids here in chicago are the ones, you know, paying the consequences. >> if the union votes not to show up for class tomorrow, the city has said it will be in a legal strike and they have no choice but to cancel classes tomorrow. bret? >> bret: derek tenney live in chicago. we will monitor that. garrett, thanks. a record 4.5 million americans -- american workers quit their jobs in november. a phenomenon that some are labeling the great resignation. workers have been leaving their positions partly in response to increased mobility in the labor market as job ownings strongly outnumber those looking for work. some economists say it's a sign of confidence. and more evidence that the job market is bouncing back strongly from last year's coronavirus recession. well, stocks were mixed today. the dow gained 215. to finish at a new record close for the second straight day in a row. the s&p 500 fell three. the nasdaq dropped 210. traffic has started to move finally again on one of america's busiest interstates after stranded cars stretched as far as the eye could see on virginia's i 95. a tractor-trailer pile up in a snow storm forcing hundreds of drivers to hunker down overnight in their cars with temperatures dipping into the 20's. some drivers stranded for more than 24 hours, including one u.s. senator. senior national correspondent rich edson has the story. >> it was kind of like losing hope. everybody just turned off their vehicles almost at once. and once i reached that point, i too found myself doing that. >> one of the hundreds of drivers stuck on interstate 95 in virginia. several inches of snow overwhelmed roads in the region yesterday with temperatures in the 20's, many spent the night in their cars with their pets and children. running out of gas and heat. >> it's just been horrible. especially the people in the car. people don't have no water. no food. they have been there for more than 24 hours. >> virginia's department of transportation, closed about 50 miles of i-95 in both directions. near fredericksburg, virginia about an hour south of washington. work crews spent the day trying to dislodge jackknifed trucks blocked stretches of the interstate. >> i saw nobody from the department of transportation. we didn't want to call 911. that's a true, true emergency line. >> state officials said preparing warming shelters and fuel trucks without gas. local first responders brought blankets and water to drivers on the frozen highway. one united states senator said he tried to make it to the capitol for a meeting last night, instead senator tim kaine says he spent the night in his car lucky to have a warm coat and a full tank of gas. >> a family from connecticut who were driving north coming back from a florida vacation, they took their souvenir bag of oranges out of the car and started handing them around to drivers who didn't have anything to eat. >> state officials say once they finished opening 95, they have to clear other roads, blocked with snow, ice, and downed trees. once their clean-up is finished, figure out what went wrong. >> they definitely could have salted the roads or maybe even -- you know, maybe shut down the highways. >> virginia transportation officials argue they could not pretreat that stretch of road with salt because it had rained heavily before the snow began. governor ralph northam says there were no injuries in all of this. as for senator tim kaine, well, his office says he finally got to the capitol 27 hours after leaving. bret? >> bret: that's a long commute. rich, thank you. up next, are big tech companies censoring conservatives? we will tackle that story. suspects hospitalized after attempting to car jack a lyft driver. police say the pair rerear end the ride share car with a passenger inside when the lyft driver got out, the suspects demand dollars his vehicle as one of the suspects took off in his car, the lyft driver proceeded to fire his weapon striking both. investigators say the lyft driver was licensed to carry a firearm. fox 2 in san francisco as the jury finds elizabeth holmes guilty of fraud and conspiracy. the former theranos ceo convicted of four of 11 counts on the 7th day of deliberation. holmes duped investors into believing her company developed a medical device that could detect diseases and conditions from a few drops of blood. and this is a live look at new york, the big story there tonight, the american kennel club adds moody, the moody and russian toy dog breeds to its pure breed line up. the moody is an hungarian farm dog and the russian toy is a tiny pet of by gone russian aristocrats. both are now eligible to compete for best in show at many u.s. dog shows. congratulations. that's tenth's live look outside the beltway from "special report." we'll be right back. ♪ as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 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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. ♪ >> bret: the district attorney's office will not proceed with a misdemeanor sex crime charge against former new york governor andrew cuomo. today the prosecutor there says he finds former cuomo aide britney to be cooperative and credible but he could not prove the elements of a beyond a reasonable doubt. the statement comes before cuomo was set to be arraigned in albany city court. the washington football team will unveil its new name on february 2nd. we heard today the short list of names includes commanders, admirals, armada, red hugs, presidents and the status quo washington football team. the new helmets and uniforms will feature the franchise's signature burgundy and gold colors. as we showed you yesterday big tech appears to be increasely success suppressing, banning users some with the most prominent cases involving conservatives. adding fuel to the fire for critics who argue the social media giants are targeting people for partisan reasons. here is fox news media analyst and host of fox news media buzz howard cutters. >> beth mandel a conservative columnist who plushes children's books accuses facebook of anti-american bias after being told her account was banned. >> there are woke behind behind the screen at facebook and they get these complaints and see it's books about rondell reagan and thomas sowell and amy coney barrett, let's turn that off because that's offensive. >> after a fox business report, a facebook spokesman says this should not have happened. it was an error and the ad account has been restored. this is one of a spate of high profile clashes between silicon valley giants and conservatives. vaccine researcher dr. robert malone, whose battled accusations of misinformation was bounced from twitter just before an interview with podcaster joe rogan after calling the biden administration's vaccine mandates lawless. youtube, which is owned by google, deleted the interview and rogan promptly joined a new conservative site gettr. >> what media doesn't understand is that you can't suppress information it will find a way to be free. >> twitter has just banned marjorie taylor greene's personal account after four previous violations for saying there are extremely high amounts of covid vaccine deaths. actually adverse reactions are rare. in august, the republican congresswoman tweeted that the vaccines were failing. facebook suspended her for one day over that latest post. greene has branded twitter an enemy to america. house g.o.p. leader kevin mccarthy says the company is trying to silence americans and donald trump, who is suing twitter and facebook, over his ban, called twitter a disgrace to democracy. >> if they can ban a sitting member of congress, what can't they do? >> they are ranting about free freedom of speech. every business can set standards for their customers. >> social media companies are clearly under pressure to flag or suppress falsehoods about covid and vaccines to protect public health. but long-time accusations that facebook and twitter target conservatives of undermined their credibility on this sensitive subject. bret? >> bret: howie, thanks. news overseas now. pentagon press secretary john kirby says the u.s. led coalition carried out strikes against rocket sites in syria that posed a threat. >> my understanding is that these strikes were not airstrikes. >> they clearly are at risk in the region. i mean, one of the reasons why these sites were hit was we had reason to believe that they were going to be used as launch sites for attacks on greenville lage. clearly our men and women remain in harm's way and we have to take that threat very seriously. we always have the right of self-defense. >> bret: kirby added he does not have specific attribution who was responsible for specific sites. up next democrats full-court press on their voting rights legislation. could president biden face a primary challenge in 2024. nato foreign ministers will meet friday to discuss simmering tensions between russia and ukraine. calls between biden and vladimir putin. severe sanctions were threatened in moscow invades ukraine. nato expansion into bordering nations. and this is a live look at paris from earth tv where food for thought has taken a french twist. 15 students are enrolled in a new masters program on gastrodiplomacy studying the science of fine dining classes on food security. aqua culture fine dining and sexism in the kitchen. the institute political policy hopes continue to expire passion for food the french way. just a couple of other stories beyond our borders tonight. we'll be right back ♪ that can cause dry eye disease. what's that? xiidra? no! it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use 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special filibuster carve out just for voting rights. >> it's very, very difficult. any time there is a carve out, you eat the whole tucker j. >> a filibuster carveout on voting rights requires the support of all democrats. manchin is herey of partisan filibuster free-lancing. >> for us to go it alone, no matter what side does it, it ends up coming at you pretty hard. >> still senate majority leader schumer is setting yet another deadline. >> the senate will debate and consider changes to the rules on or before january 717th. >> democrats embrace the filibuster when they told in the minority. the rnc made sure that people were aware of the flip flop. >> they want to make this country into a banana republic where if you don't get your way you change the rules. >> republicans find the position change rich. >> hypocrisy is not unheard of in politics. it appears as if the majority leader is hell bent to try to break the senate. >> schumer isn't the only one who underwent a political conversion including the late senate democratic leader harry reid who initiated filibuster changes 8 years ago. >> republicans roll back our rights in this chamber, there was no check on their power. >> and i pray god when the democrats take back control we don't make the kind of naked power grab you are doing. >> i urge all of us to think not just about winning every debate but about protecting free and democratic debate. >> the democrats' new year's resolution is to use the anniversary of last year's capitol riot to justify a push for voting rights legislation. >> there is no better way to heal the damage of january 6th than to act. the stakes could not be higher. >> the blaming the g.o.p. for filibustering the voting rights bill energizes the democratic base. but that lacks sway with joe manchin. bret? >> bret: chad, january 6th moments ago we received a statement from former president donald trump. >> that's right. he just canceled his press conference scheduled for januar. he accused the committee of, quote: bias and dishonesty. the committee just asked sean hannity to speak with the panel on a voluntary basis. no subpoena there. the committee says it has information that hannity, quote had advance the knowledge related to the planning by the former president and his legal team leading up to january 6th. on 1/6 hannity condemned the riot. hannity's cancel jay sekulow's committee requests issues including first amendment concerns. bret? >> bret: okay, chad. thank you. senator bernie sanders former campaign manager predicts president biden will face a progressive primary challenger in 2024. those comments come as the president faces slumping poll numbers on his overall approval rating and on key issues like the economy and coronavirus. correspondent alexandria hoff has the story tonight from washington. >> the president has every intention of running for re-election. >> but he may be met with friendly fire. former president campaign manager for senator bernie sanders told politico this week, quote: if nothing else, the progressive running who gets a lot of support will demonstrate that the ideas that the progressive movement embraces are, in fact, popular. progressives have consistently pushed president biden to act on policy. a statement from the congressional progressive caucus included this, quote: president biden has shown he is not afraid to use the power of the pen to fight monopoly power. he should now use this same bold, creative strategy to keep his promises and deliver the agenda that more than 81 million people voted for. the latest fox business follow shows a majority of americans continue to disapprove of the president's overall performance. 66% blame the president for rising inflation. and last month just 47% approved of his handling of covid-19. down from 64% in may. it's how the biden administration copes with issues heading into the midterms that could determine if a primary opponent comes forward. that's according to larry sabato director of the senator of politics for the university of virginia. >> if a big named progressive decided to challenge president biden, it would be significant, regardless of the percentage of vote, that the progressives actually got in the primaries. because it would end up dividing the party. >> in modern u.s. history an incumbent president has never lost a primary nomination. but when the primary was competitive, it cost the sitting president. presidents gerald ford, jimmy carter, and george h.w. bush were each challenged. while they won the nomination, each lost the general election. as talk of a possible primary challenger has spread, progressive names have been floating around like nina turner, former ohio state senator and former presidential cabinet marianne womenson. the biden white house does have some time before they have toe calculate real competition. bret? >> bret: alex, thank you. up next, the panel on the omicron surge. covid mandates, booster recommendations and getting kids back to school. ♪ >> 97% of schools are open across the country and the president wants school to be open. we have taken steps to prepare for any contingency any moment. ♪ highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! exploring the heart of historic europe with viking, it shoyou'll get closer to iconic landmarks, to local life and legendary treasures as you sail onboard our patented, award-winning viking longships. you'll enjoy many extras, including wi-fi, cultural enrichment from ship to shore and engaging excursions. viking - voted number one river cruise line by condé nast readers. learn more at viking.com. ♪♪ ♪♪ ♪♪ ♪♪ i've got moderate to severe plaque psoriasis. now, there's skyrizi. 3 out of 4 people achieved 90% clearer skin at 4 months, after just 2 doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and 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disease this kind of vaccine. >> bret: well, president biden saying today that this was a pandemic of the unvaccinated; however, the numbers show that a lot of vaccinated people even boosted people are still getting this omicron variant of covid-19. and there are other communications issues with the cdc continuing. let's bring in our panel morgan ortagus former state department spokesperson. amy walter publisher and editor of chief of the cook political report matthew continetti. matthew, let me start with you. new guidance different than the old guidance, supposed to get a test after five days if you are fever free after four hours. i feel like we need a white board. this is what they are saying but the challenge is you have to get a test to be able to do it. >> and you can't get a test. what did andy warhol say everyone will be famous for 15 minutes. the future cdc will issue new guidance every 15 minutes for how they behave if you contract only chron. bret, i think the white house has developed a herd immunity to reality they need to see the omicron event as a game changer. it seems to be less severe. it certainly can't be controlled. we're far beyond that and so the white house needs to stop putting fauci as the face of their pandemic response and move to having biden be the face of the pandemic response speaking in prime time and talking not as he has been in the previous ways but really adopting the rhetoric of governors like jared polis a democrat in colorado and mayors like eric adams in new york saying it's time to start living with this and we can do it. >> bret: yeah. the guidance difference and the communications difference, it's not just tony fauci. it's obviously the cdc director. who has been out. take a listen to this. >> if you got a rapid test at five days and it was negative, we weren't convinced that you weren't still transmissible, if it was positive, we still know the maximum amount of transmission was behind you. we still wanted you to wear a mask. if it's positive, stay home for another five days. if it's negative, i would say you still really need to wear a mask. you still may have some transmissibility ahead of you. you still should probably not visit grandma. you shouldn't get on an airplane. >> bret: and, amy, they say if you have a negative, it doesn't mean that you don't have the infection. back to ground zero. >> the negative is positive. look, i agree with what matthew said about president biden coming out being the face of this, getting more -- getting attention away from the cdc or fauci or all the other folks coming on television now whose job as public health official is to give certain advice. but that is very confusing as we move through a pandemic that is not easily contained. i thought the most important thing that the president did today said to the schools. you need remain open. he said specifically that we have given you at lo of money about $140 billion, the government has given states and local school districts to take care of things like ventilation, to do things like testing. now it's true there is a challenge when you can't buy the test. he basically said you have the money. you go figure it out. don't close your schools. and, also, for folks who are vaccinated, don't panic. so trying to do as matthew had said which is to say we are moving on. we need to go forward. we need to keep our schools open. and, by the way, the federal government, we have given you the money you need schools now go do it. >> bret: well, it's not just chicago. but that is really a focus because the teachers union there is voting tonight of whether they show up tomorrow, take a listen. >> our schools are safe, our schools are not the source of significant spread. >> there is no evidence in our schools throughout the whole semester, the whole entire semester with all the complaints that existed about what we didn't have. the misinformation that we saw any significant level of any transmission. >> we know that our kids can be safe when in school by the way. that's why i believe schools should remain open. >> bret: and at least in recent days, morgan, the president, the education secretary has been consistent on that point. >> yes. but we're talking about being two years into a pandemic. two years of parents having unsustainable schedules, not knowing if the school is going to be shut down for a few days or for a week. most of my friends are parents of young children and dealing with this, trying to keep two careers going or just exhausting for parents around the country. and there is really no excuse for two years in to have to demand that teachers and schools stay open and show up to work. listen, i think what happened in 2020 when the pandemic hit, the democrats made a calculated decision and it was perhaps a smart political decision for them because they won the election. but they made a political decision. that they were going to make covid political and they were going to run against president trump based on covid. so now you have half the country that feels that this administration doesn't have correct because they have made it so political. you had every major anchor on television, except you, bret, down play the lab leak theory when mike pompeo and i gave credibility there was evidence. then the mask mandate which we all now know actually these little paper flimsy klotz aren't effective. you see the "new york times" writing this morning about the mental health effects of children and of society. these are things that we have been talking about for two years. suddenly the elites have woken up to the harmful and dangerous side effects on our children and society at large. and i think that you are going to continue to have people enormously frustrated until this administration wakes up and gets on message. >> bret: you know, one of the big things about the mandate is that the vaccine mandate for the military is going to go into a number of cases likely heading all the way to the u.s. supreme court. justice yesterday, we told you about the federal judge who turned down the mandate basically said it had to be held off, here's the lawyer for the navy seals in that. >> if the military is concerned about accomplishing the mission and readiness and force and strength, then why are they kicking people out. why are they kicking out navy seals who should be fighting for our freedoms and fighting to defend this nation instead of fighting for their jobs? it's trampling all over the constitutional rights of our service members. >> bret: so, matthew, i mean, this is going to come to the justices, eventually. >> it will. and i think that the issue in the pandemic may be over, bret. by the time it reached the justices. and just see how the vaccine first strategy is potentially back firing on president biden. >> bret: we'll follow, this obviously. a lot to talk about. up next, the impact of big tech censorship and democrats voting rights legislation on this year's midterm. it is this year. 2022. ♪ thinkorswim® by td ameritrade is more than a trading platform. it's an entire trading experience. with innovation that lets you customize interfaces, charts and orders to your style of trading. personalized education to expand your perspective. and a dedicated trade desk of expert-level support. that will push you to be even better. and just might change how you trade—forever. because once you experience thinkorswim® by td ameritrade ♪♪♪ there's no going back. as a dj, i know all about customization. that's why i love liberty mutual. ♪♪♪ they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ s. >> as we remember january 6th this week and as we confront state level voter suppression, we must be clear they are not isolated developments. the senate must advance legislation to protect our democracy. and safeguard the right to vote. >> it appears as if the majority leader is hell bent to try to break the senate. >> once you change a rule or you have a carve out, any time there is a carve out, you eat the whole turkey. there is nothing left. because it comes back in full. so you want things that will be sustainable. >> bret: senate majority leader chuck schumer meeting with senators joe march and kyrsten sinema there is no indication they are changing their idea that they want to break up the filibuster and you would need to do that in order to move forward with the voting rights bill they had planned. we are back with our panel. amy, it doesn't seem like there is a big change here am i misreading something? you. >> you don't at all, bret, joe manchin made it clear is he not changing his mind on the filibuster. if there is a vote that's going to come up, it will not pass, it will be filibustered and that will give democrats a talking point but not success that's not particularly a great message going into election year ramping up base by saying look we have control of the senate but we can't really get these things done. >> bret: and it's, you know, morgan, we have videotape, that's a lot of problem for lawmakers. this is chuck schumer 2005. >> the idealogues in the senate want to turn what the founding fathers called the cooling saucer of democracy into the rutgers stamp of dictatorship. they want to change the rules in midstream to wash away 200 years of history. they want to make this country into a banana republic. it will be a doomsday for democracy if we do. >> bret: but, you know, time passes, morgan? >> yeah. i guess i agree with chuck schumer there. i think there is going to be a bunch of republicans political operatives that are pulling that clip that you just showed for ads going into the midterms. really, i think what the democrats have to do is say what is our governing agenda? it looks like it's going to be a blood bath. is there any way for them to, you know, still keep the senate, right? bosses in the house as are projected or expected at this point. they are going to have to get biden out front messaging more. and they are going to have to have some sort of governing agenda other than just trying to get rid of the filibuster and progressives and moderate democrats fighting with each other. there is lot of noise right now. axios is reporting earlier today that americans are just turning out of political news much less so than they did over the past two years of course during the trump years. you have this combination of the average american voter being sick of covid and being sick of politics and no agenda from the biden administration going into 22. it's a bad combination. >> bret: the "special report" viewers are very loyal. we should point out. [laughter] >> bret: matt, let's wrap it up with you. the cook political report which is amy's bread and butter saying that the house ratings for 2022 are leaning definitely towards the republicans way at least early. all of this is setting up to be quite something come november 2022. >> i'm not going to displiewt amy's great analysis with schumer he is so terrified of a primary from left that he forgets about the middle. the middle is heading toward the g.o.p. >> bret: amy, quickly, the retirements for democrats also signal something. >> right. >> bret: pat leahy in the senate. >> it's in the house. and many of those are in districts that democrats are going to have tough time holding including rural districts in illinois and wisconsin. >> bret: bobby rush, democrat in illinois announcing he would retire as well. all right, panel, thanks so much. whether we come back, tuesday tweets. ♪ people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. ♪ it wasn't me by shaggy ♪ you're never responsible and i for unauthorized or planning to be. purchases on your discover card. ♪ ♪ 80% get genetically meaningful health info from their 23andme dna reports. ♪ ♪ 80%. that's 8 out of 10 people who could get something enlightening. something empowering. something that could change everything. info that could give you greater control of your own health. and it's right there, in your dna. ♪ ♪ it's the most meaningful way to start the new year. and right now, our health and ancestry kit is just $129. ♪do you know what the future holds?♪ >> bret: breaking tonight, getting word from south korea's military the north korea has fired an unidentified projectile on the east coast. that's according to the south korean joint chiefs of staff. we haven't heard much from north korea. they have fired something tonight. we will follow that. time for tuesday tweets. off to the bird sound. first from tom what do you think the odds are that senators manchin and sinema will stick to their guns and keep the filibuster in place. we just talked about that. i think they are pretty good actually from what they are saying publicly. next michael asked how are the rotation of guest commentators on the panel determined. given availability at the beginning of the month and i choose and give a month kind of list of putting people together, trying to balancing out the panels. jen wants to know will joe biden have a state of the union address this year? we expect so. last year it was february 4th, 2020. we haven't gotten a date yet. not an announcement. so, we shall see. but we expect him to have a state of the union address even in the middle of covid like last year. and last, but not least, nicholas asks where do you buy you're ties? well, it's mrs. baier who chooses the ties. this one i think is brooks brothers but this is an assortment but she makes the choices. i just put them together. okay. that's it. tomorrow "special report" attorney general merrick garland holds remarks on holding capitol riot rioters. "fox news primetime" hosted by lawrence jones starts right now. >> lawrence: bret, good evening thank you, brother. tonight we started with a another grim milestone under the biden administration. despite the president's promise to shut down the virus with masks and mandates, more than 1 million americans were diagnosed with the virus in just 24 hours. he responded to that staggering number not by offering solutions but by pointing the blame game. >> the impact from the rise in cases depends on the effect of a person based on whether that