mayor and officials late-night move have parents scrambling whether or not the parent should show up on school wednesday. >> unfortunately, tonight, the leaders have this compelling membership to make a decision that will harm hundreds of thousands of chicago families who rely upon pps for their daily needs. in what world would we think to close something a central like in person education when we have seen the negative effects of that when the bars remain open. >> shannon: also breaking tonight the cdc with quarantine again nl americans can get tested to the end of the five-day isolation if they want to. and adding testing should be presumptive. an outcry after the cdc with isolation guidelines cut in half. interstate i-95 still struggling with accidents the closure after massive traffic jam caused by winter weather and multiple vehicle accident track thousands of commuters for hours. some of them overnight, and raised eyebrows with tuesday afternoon "because of bipartisan infrastructure law come america is moving again. that is what infrastructure is all about, getting people moving." we began with late-night teachers union vote in chicago and districts around the country taking a variety of approaches to meet the needs of the students with union demands. karen henney and chicago tonight with the latest, good evening, garrett. >> shannon we are waiting on the results of that building to find out whether or not teachers will show up for class tomorrow. the teachers union have a long list of safety demands including increased testing, better math, clear metrics for when school will transition to remote learning if any outbreaks. today, ctu's president said city leaders are not doing enough to keep teachers say. >> we are in the part of the omicron search amp the 20% positivity or higher -- >> they acknowledge those concerns but 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 received one dose. >> the hospitalization risk a month adults with the booster vaccine is literally near zero. >> there is no evidence throughout the schools throughout the semester, one terror semester with all the complaints by what we didn't have, the misinformation we so any significant level of transmission. we just didn't see it. >> health experts say schools are the safest places for kids to be. they are frustrated the teachers union is not following the signs and putting the well-being of students first. >> they will never pass up an opportunity to exert their leverage and power plays. unfortunately our kids here in chicago are the ones paying the consequences. speak with the union votes not to show up tomorrow, the city said it will be an illegal strike and they will have no choice but to cancel classes. shannon. >> shannon: we will keep an eye on it, thank you. other large school districts across the country, more than a thousand school called out sick with 400 teachers on the district's first day back to following the holidays. schools remained open with students in classes. the number of callouts expected in decline in the coming days. in detroit, remote learning to january 14th. once classes start up thursday my superintendent nikolai with the covid rate hovering around 36%. plus los angeles school district ordering all students and staff to get tested before returning to class with winter break next week. the school board member say that goal for mandating test is for safety and peace of mind. the u.s. from the country in the country to record a million plus of covid-19 test and a single day. as america continues to deal with long testing lines and little to no progress being made, president biden's pledge last month to send out half a billion covid test. good evening dan springer. >> good evening, shannon the record no country wants to have is coming to the united states. this covid-19 search by the omicron parent has scrambled to find test and parents worrying about whether schools will be open. according to st. john's hopkins, excuse me, there were 1,082,549 new cases of covid reported tuesday in more than 1600 deaths. the cdc reports 300% increase from the seven day average just the last three weeks. that is expected to climb ethan higher over the next three weeks. the numbers show that while hospitalizations are going up, it is nowhere near the pace of infection. >> fortunately this is a much mild variant omicron. you have all these cases but not producing hospitalizations and deaths that would produce with the early variant. >> with a virus raging, iran on covid testing. people can't find the rapid home test and stores so they are waiting hours in long lines to get tested. these scenes have cars and people stacked up are happening all over the country. if you can find a home test, it will cost you more. walmart and kroger raced the price to $24 a box. they promised the biden administration that they would sell the test at cost 100 days and that is expired. around the clock they will put out 70 million test a month. president biden spoke about the issue today and he said once again, this is a pandemic of the unvaccinated. but now it is clear breakthrough cases of the vaccinated are dominating the surge. now the cdc is recommending a booster just five months after people got the second visor shot. president biden urged schools to stay open. >> we know there are kids that can be safe in school, by the way. that is why i believe school should remain open. >> still 3,000 schools have closed and more could follow so it does appear more kids will be forced out of their classroom and sent back to their homes for their education, shannon. >> shannon: all right, dan springer, thank you very much. good to see you. ♪ ♪ the biden administration feeling the heat over the fda approval of covid booster shots 412-15-year-olds. a decision circumvented the standard procedure convening the fda's expert advisory board. >> the fda makes their decisions, not driven by what the white house is telling them to do. >> the fda is not getting rid of it, the independent panel of experts by any white house faculty. >> absolutely not and again i think they would come from that themselves. they were kids at risk because there are not enough adults vaccinated. >> shannon: this process is a slap in the face to science. fox news contributor marty makary, great to have you back, doctor. >> good evening, shannon. >> shannon: i want to read breaking news at the top of the show talking about chicago teachers union and whether or not it was voted to stay home or go back to virtual school. this is now from verified account for the union that the results of tonight's citywide electronic ballot are in and starting tomorrow all ctu members should be working remotely and the result of tonight was 73% in favor of the remote work only. doctor, your professional opinion? >> we are seeing not just in the school districts but in hospitals and other settings significant staffing. this offshore staff so now sometimes blaming covid for the reason why they are staying closed. many times, it is just being short staffed. >> shannon: so do you think though if the teachers are worried that it is a valid reason to stay home and physical and medical reason to make sense for the students and teachers? >> no. anyone at risk for covid because of their own independent personal decision and they haven't had natural immunity. so if somebody has immunity, there is nothing to worry about for people who have been vaccinated, had the infection or people over 65 who have been boosted they are concerned that they should be concerned about a common cold like illness. we can't close down society over a common cold concern. >> shannon: i want to get your take on the fda. they have approved boosters for 12-15-year-olds but the advisory panel, as i understand it how does that work and do you think it is a good decision? >> no, it is a terrible decision and undermines the trust and the fda. this is the most political and the u.s. history. this is a standard decision. there is a tough call the fda needs to make over authorization. they have done it for most other major aspects of the pandemic for vaccine approvals. for example and the last time they convened, the experts, they voted down boosters for everybody because of concerns about boosting young, healthy people. there are concerns about myocarditis and these are legitimate concerns. one in 1800 young men will develop myocarditis from the second dose of the vaccine. of course, these experts have concern about a third docent population with the risk of dying under age 30 from the primary faxing series is zero. you cannot lower the risk further with a booster. remember to cotop fda officials left over political pressure and it was over this very issue, boosters and young people. >> shannon: i know you have gone to that point when it comes to college and universities and wrote a piece on this. i want to quite a little bit from that. you say some of these policies are nonsensical, antiscientific and downright cruel and the justify of it. they risk for the sake of beating back asymptomatic infections. we have more and more universities that can't come back and cannot come back and list boosted appear at some of them are subject to random testing, weekly testing at a time when a run-on test. you know, i don't know what your opinion on it is about the testing, but what about what we see in the colleges and universities? >> what is happening in colleges and universities represents the extreme overreach of public health and abuse of power over people who are defenseless, people to get a degree, worked hard and paid a lot of money. they are worried about losing that position. they were afraid to be identified in the reporting i did in this piece. now, these are low risk people who are already vaccinated he had at emerson college requires additional testing twice a week. i talked to one student who had nosebleeds from the frequent test. and they have indoor stay in room policies. and requires double masking, in 95 and requires outdoor masking. georgetown has people policing the library yelling at students if they take down their mask and take a drink of water. the students go outside in the cold to drink water. this is an abuse of power and something students are pushing back on. >> shannon: the president talked about how we are doing and encouraged to get boosted again. he noticed a spike in cases and many of these cases not calling breakthroughs anymore, but he went on to say this and i want to play little bit of it and get your reaction. >> you can still get covid to, but it is highly unlikely, very unlikely that you will become seriously ill. and we are seeing covid-19 cases and workplace across america including at the white house. there is no excuse. no excuse for anyone being unvaccinated. this continues to be a pandemic of the young vaccinated. >> shannon: talked her, is that a fair assessment in your opinion. >> look, i think the president is getting bad medical advice. the lexicon of the vaccinated and unvaccinated is on precise and should be immune and nonimmune appeared to be still have a problem and the united states as omicron displaces delta, which is a good thing. we still have remnant delta infection and it is infecting older people with risk factors and they are getting into trouble. they are showing up to the hospital and continue to get in trouble until omicron displaces delta. it is a problem with specifically doctors who are not immune with delta. the remaining stream is on its way down. >> shannon: here is a number of different hospital groups and states and public officials saying they will start be more clear who was in the hospital. is this from covid? how possible do you think that will be to form the public with policy decisions? >> very important, shannon. i've been talking to hospital administrators and they say upwards of 50% of covid patients hospitalized or not and for covid. this has been the number one metric we need to gauge the pandemic situation. it is the number of new hospitalizations for covid on a daily basis. we have never got that number from the cdc. many states now are sating we will collect it ourselves. >> shannon: it would be helpful, i think, to all of us. we want the best information available as we stay in the midst of the pandemic hoping it will come to an end soon. dr. come always good to see you, thank you. >> thank you, shannon. >> shannon: interstate 95 plagued by accidents and closures tonight after hundreds of drivers were stranded overnight monday in snow, ice, and for subfreezing temperatures and some for 24 hours. fox whether katie burns shows us the disastrous situation, good evening, katie. >> after some driver spent more than 24 hours trapped on i-95, everybody was able to get off of the highway by tuesday night. no one was hurt. monday a snow storm brought up to 11 inches to the subfreezing area leading to multiple tractor-trailer crashes and bringing traffic to a standstill. officials decided to close 50-mile stretch of the highway while driver still on it. >> especially the people in the car. people don't want no water or no food. >> some turning their cars on and off for hours. they didn't run out of gas but stayed warm. the temperatures dropped in the 20s. >> it was kind of like losing hope. everybody turned up their vehicles at once. once i reached that point, ike, too found myself doing that. >> among those trapped, 72 hours to get to richmond to the capital. >> i travel i-95 all the time. i will never forget this. i've never seen anything like it. he spent clearing the cars left on i-95. >> it is not as easy. we have several vehicles appear they are out of fuel. we have several vehicles that are broken down. >> now virginia department of transportation facing criticism over the roads and it pretreated. they said they were with the rain that came before the snow but that washed the salt away. shannon. >> shannon: catching another legal break tuesday when albany county district attorney's office dropped misdemeanor sex crime charge against him. and wondered if he would be held responsible for the various accusations made against him. senior correspondent laura ingle reporting on that tonight from new york, good evening, laura. >> china days before arranging court, former new york governor andrew cuomo's off of the hook when it comes to facing legal charges against him in relation to the sexual assault crime he's been accused up. three district attorneys now dropping their investigation into cuomo's alleged conduct. and putting out a statement tuesday that he will be discontinuing criminal prosecution into allocation of cuomo's former aide britney who accused of putting her hand up her blouse and groping her alone in the private residence in 2020. he claimed the former governor has strongly denied. >> let me be clear, that never happened. >> the d.a. described cuomo's as credible proving her allocation would be difficult having he remains deeply troubled by allegations like the one adding all the avenues for criminal prosecution in these cases are sometimes limited, i encourage workplace harassment and abuse to continue to come forward and bring these issues to light so that these important discussions can continue. this after the westchester county d.a. said her office would not prosecute cuomo over allegations he gave to women and wanted kisses. a prosecutor on long island described other allocations as deeply troubling but not criminal under new york law. they albany d.a. said his office had considered applying other criminal charges but none for the allegations. a lawyer said she plans to file a civil case against cuomo and others may reportedly follow. on monday, the manhattan district attorney's office has revealed it has dropped its investigation into cuomo's mishandling at the beginning of the pandemic, however the feds and attorney general are still investigating, shannon. >> shannon: laura ingle in new york, thank you, laura. investigating at the january 6 capital rights is requesting interview with sean hannity tonight regarding communications with former president trump and then white house chief of staff mark meadows. the company calls hannity a witness and says it wants to ask him about advanced knowledge relating to climbing the former president and legal team leading up to west january 6th. you will remember that sean disavowed and called out the riots the night it happened. his legal counsel jay sekulow says "if true, any such request would raise constitutional issues with first amendment concerns with freedom of the press." furry friends at the zoo enjoying the snow blanketing the nation's capital. and a new year's diet goal, the viral videos arere next. ♪ ♪ -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ a must in your medicine cabinet! less sick days! cold coming on? zicam is the #1 cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! 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 ♪ ♪ >> shannon: first up tonight, people in the nation's capital enjoying the season's first snowfall and checking out the fuzzy friends at smithsonian doing the same. 15-month-old panda rolling around and enjoying to make a snow angel, a snow panda, i don't know. and receiving a perfect ten for his belly sliding skills. i'm betting that you can do that. i need to deal in the snow. the sunset unbelievable in the sky line with bright orange and deep reds. the luminous colors caught the attention of many to snap a picture, great stuff on social media. now this, a unique snack for a pup. this one loves carrots too but the way this little guy is using his pause. it seems like healthy snacks and munching on the carrot with a reindeer costume. a very good dog. now this, of kentucky, a royal letter from buckingham palace after dressing up the queen elizabeth for halloween. sophisticated 1-year-old sporting a white wig with a hat. dubbed as her majesty. and lastly leaving you with not just one pup but more than 40. check out this adorable video mix of golden retrievers and labs become a special dog retreat and so want suwannee, georgia. we love it. i think might look a little bit like that super cute. if you have a fun video hit us up shannon bream or fox "fox news @ night" on social media. ♪ ♪ the first few days of 2022, big tech appears to be increasingly banning users for reporting misinformation or inappropriate content. some of the most cases are conservatives and adding fuel to the fire for critics come up with targeting people over ideology. fox news analyst and host of box media buzz howard kurtz has the story. a colonist with children's books accused facebook of anti-american biased after being told her account was banned. >> they are woke people behind the screen at facebook and they get these complaints and see commit his books about ronald reagan. let's turn that off because it is offensive. >> the spokesman said they should not have happened. and it's been restored. this is one of a spate of high-profile clashes between silicon valley giants and conservatives. vaccine research dr. robert malone who battled accusations of misinformation banned from twitter before an interview with podcast with joe rogan calling the biden administration's vaccine mandate all is. youtube owned by google deleted the interview and rogan promptly joined the new conservative site getter. >> what media doesn't understand is you can't suppress information. >> they banned the personal account after four previous violations for saying that there are highly extreme amounts of high covid deaths. in august, the vaccines were appealing but suspended one day over the latest post. and an enemy to america, and the company is trying to silence americans and donald trump who is still on twitter over a cold twitter a disgrace to democracy. >> if they can ban a sitting member of congress, what can't they do? they are ranting about freedom of speech but here is the thing, guys, every business and set standards for the customers. >> social media companies are clearly under pressure to flag or falsehood of vaccines to protect public health. longtime accusations of facebook and twitter targeted conservatives have undermined their credibility on this touchy subject, shannon. >> shannon: howard kurtz, thank you. the top prosecutor in king county, washington, warning local law enforcement officials "they better get use to juvenile criminals who commit burglary, sold, car theft, taking guns to school and not facing gun jail time. jason rantz, great to have you back, happy new year. >> happy new year, shannon. >> shannon: you are writing about this. local officials were told that king county prosecuting attorney's office will not prosecute nearly half of juvenile felonies even when commit assault, motor vehicle theft, but instead they will be in the justice program by the police and prison abolitionist. what is the deal? >> they got a hold of powerpoint presentation given to law enforcement officials with cities experiencing a surge in violence come a search you when i have talked about for a while now. they were told literally, get used to the fact that that office will put 40% of juvenile criminals into this program called "restorative community pathways, or cp." it allows activists to determine a plan for the juvenile criminals instead of actually putting them in jail, but the promise to fold. number one, should point out the groups and charger abolitionist. they don't leave in jail and want to abolish police. so they will not hold a violent criminals accountable. these are not kids stealing candy bars from a store who would be candidates for restorative justice programs. they have already gone too far. these are serious felonies we are talking about. keeping on the street with violent and dangerous and the mayor is saying you should put a pause on the program but the king county prosecutor say we will continue to do it anyway which means unfortunately a continuation of this nonsense. >> shannon: we know you track it so keep up and keep us updated the pier the next topic tonight, this is the use of the word latinex. a lot of discussion if anyone is using it. so here is what we have. the headline says latino groups want to do away with the word, academic and social media words have you latinex saying it was general neutral and inclusive for hispanic, lgbtq team members, but it sounds like jason from a lot of folks don't actually want that were to be used in describing them. >> no one wants it no one uses it. it is an intention woke white progressives. it is a silly attempt to push gender inclusive language that only like 12 people actually want. and really, it is racist. the spanish language has gendered now. and it doesn't need white kid with sunni being binghamton ten to reinvent the entire language for them. these are activists from wealthy families in washington and they have the bl's m signs on their lawns and by the way, they are dramatically underpaying but think they are doing them a favor by giving them a job. it is condescending. it is wrong. but i hope they continue to use it because it reminds a whole bunch of people, hey, the republicans are not doing the stuff. we don't use these folks as political props. >> shannon: that is interesting. democratic representative ruben gallego tweeted "my office not allowed to use the word and official communication. political uses it to appease rich, white progressives who think that is the term we use." as you set a vicious circle. quick final word on the last topic the washington football club is getting a new mascot, new name. coming in february. >> we don't need it because whatever they come up with some other group will pretend to be offended by it so how about we call it what it is, which is that team in washington. i don't pay attention because i watch soccer which is real football. >> shannon: they use clubs and i feel like that is the right name and it is confusing to the europeans like what is washington doing? it is not a soccer ball but we are anxious to find out what it could be. and whether they will stick with calling it football club. good to see you, jason have a fantastic start to your year and we will see you soon. >> go seahawks! >> shannon: [laughter] okay. let us know. thanks, jason. filibuster fistfight on capitol hill as a different tune when they were in the minority two years ago. how the show down will allow democrats to clear the path for their progressive agenda, next. at northwestern mutual, our version of financial planning helps you live your dreams today. for people who could use a lift new neutrogena® rapid firming. a triple-lift serum with pure collagen. 92% saw visibly firmer skin in just 4 weeks. neutrogena® for people with skin. you're a one-man stitchwork master. but your staffing plan needs to go up a size. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ready to turn your dreams into plans matchinand your actionsiption. into achievements? explore over 75 programs and four-week classes at national university. your future starts today at nu.edu. ♪ ♪ >> shannon: an update to the top story to note, breaking chicago school classes are officially canceled wednesday following teachers union vote in favor of remote work only job action. 73% of membership in favor of staying away from physical schools. chicago public school said earlier that teachers are effectively going on strike. >> on the other side is state legislatures controlled by republicans who were physically trying to make it difficult for people to vote. we anticipate based on what the majority leader said, to try to break the senate, break the legislative filibuster. this in my view is genuine radicalism. >> shannon: senator mitch mcconnell calling out counterpart over efforts to defy precedence and filibuster exception as senators chuck schumer with away with a social spending bill to voting rights bill. a few hot topics with fox news contributor leslie marshall, vp air and preening, great to have you both back. >> hi, shannon, happy new year. >> shannon: to you was welcome a debate about getting rid of the filibuster is not a new one. people had various decisions on that. including this one, reported in july the former president trump i tried to convince mitch mcconnell to get rid of filibuster to terminate it and he was a knucklehead and he didn't do it. so aaron, they thought this would benefit them. >> it is true. there has been use of the filibuster as a political tactic. even schumer said it would be doomsday for democracy to eliminate the filibuster in the senate. but you need to remember, schumer planned the entire time has been to eliminate the filibuster and put through the radical agenda that they just don't have the votes for. there is video circulating of schumer talking about the filibuster and how radical it would be to eliminate it. he uses the old phraseology about how a hot cup of tea that is the rambunctious house of representatives and give it time to cool before they move forward. all the base had been for democrats, they don't have a unified party to be able to get things moving forward including so-called voting rights legislation. they want to blow up everything so they can try to get there way. you would think democrats would learn the lesson. the last time they did that, it came back to bite them in the form of three conservative supreme court justices. if chuck schumer wants to play roulette game with a filibuster, he will lose and so will democracy in the long run. >> shannon: well, here is a recap some democrats have said in the past about the filibuster. >> if republicans roll back the rights in this chamber, there is no check on their power. i pray god when democrats take back control, we don't make the kind of naked power grab you are doing. >> urge all of us to think not just about winning every debate by protecting free and democratic debate. >> shannon: okay, leslie that was the other side of the coin when democrats were the minority. >> this is exactly what happens historically. i mean, whoever is in power wants to have a power grab and everybody x like this is new. it is not new. mitch mcconnell needs to get a memory because i'm old enough to remember. in 2017 when he tweaked those rules so a simple majority could get through the 11th hour, his supreme court justice picked to get confirmed. that is exactly what happened. republicans will do it again when they are in power. democrats are in power now and as a democrat when you have the power, the people who voted for you want you to deliver on the legislation that they voted you to deliver on. if you want to talk about an egregious, you know, stomping on rights of people, just look what happened to the voting rights, especially of minorities in this country state-by-state. i think with voting rights, democrats have a responsibility. they need to come every party does need to walk and chew gum at the same time. you can work on more than one piece of legislation. that is what they said they would do with the voting rights all along. when democrats become power in the midterms in the house they will do the same thing. mitch mcconnell did in 2017 and he will do it again tomorrow. >> shannon: there is nuance to that and we can spend 20 minutes debating that but i want to hit a couple of other things. first of all, you will have to convince on this voting rights thing mitch mcconnell and out that he would vote against the package but there is a lot he doesn't like. there is no reason there should be a partisan election forum that blows up the senate rules to expedite one party's agenda in an op-ed a few months ago. but i want to make sure we get to this. the economy and biden agenda, cdc reporting new poll numbers "biden 44% down from 46% in september, some 72% disapprove of his handling of the price of everyday goods. 66% disapprove of efforts to help their wallet. i want to get a quick comment and get a chance for you to weigh in, erin and then leslie. speak with the economy is a huge part of what will put republicans in power in 2022. it is the economy and it matters to people. recent "new york times" showed 83% of americans believe their paychecks are not keeping up with biden's inflation here. so they are being hurt by the policies, by the inflation crisis in this country. instead of democrats trying to do absolutely anything to curtail any of the crisis including economic crisis, inflation or anything, they are doubling down on partisan policies. appear that his wife republicans laser focused on the economy will win 2022. >> shannon: i have to get leslie in here quickly. whether you agree, that is the perception that the voters have leslie. >> whether you are democrat or republican, whether rich or poor, black or white, male or female. i do believe my party has not done a good job at telling the accomplishments in the economy. we've had better holiday shopping. we've had a higher stock market, richer stock market in 2021 unemployment 4.2%. in the same poll, it shows voters are a little bit confused because they feel the market, which it is stronger yet at the same time, they are blaming the president for a market not as strong, which completely contradicts what is prayer asked. the polling numbers have to change to improve for democrats, no question. the economy is number one. >> shannon: the polls continue to show people personally feel like the economy is not going well for them in their pocketbooks. a big issue in this big midterm election year. leslie, thank you. >> thank you, shannon. >> shannon: how a woman reportedly charged with a felony for serving her roommate vegan bacon. a story that has gone viral. is it legal? that is next. ♪ ♪ to new patients without insurance - everyday. plus, patients get 20% off their treatment plan. we're on your corner and in your corner every step of the way. because your anything is our everything. aspen dental. anything to make you smile. book today at aspendental.com, walk in, or call 1-800-aspendental. 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? you got it. ♪ liberty, liberty - liberty, 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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. ♪ ♪ >> shannon: a vegetarian supposedly trying to prove a point to me eating roommate ended up charged with a felony. in tonight, a woman claimed she pressed charges against roommate after suffering an allergic reaction with a bacon substitute that had so way. so we bring in tonight's legal eagle, specialist and attorney sarah galanter and attorney david. great to see you both. this is a new roommate who moved in and hate them i will do something nice to cook breakfast for you, somewhat of a surprise. the bacon she used had so way and it appeared the roommate was allergic to soy. here is what happened, the roommate said regular bacon, exhibit. i was not allergic to bacon. she was surprised and it turned out it had soy in it. if she told me it was fake or that it had soy in it i would not have eaten it. she had a massive allergic reaction and ended up in the hospital for two days. >> here is the thing, food allergies are serious but to say the roommate recklessly disregarded her allergy is a stretch because there is no way for her to have known that. now, when the woman asked her about the ingredients in the breakfast, that was her opportunity to tell her new vegan roommate she is allergic to soy. >> shannon: that didn't happen. exhibit b, the roommate said i'm definitely allergic to a few things so i immediately asked her what was in the food. i didn't mention my allergies. she says in a parenthetical come a huge mistake. so who's fault is it, david? >> very serious, like sarah said. my daughter is allergic to nuts, eggs. and she could have went into epileptic shock as well. very serious. the victim was put in the hospital for two days. this statute is about recklessness. it's not about purposeful or intentional. we actually just saw this in the verdict of kim potter, the police officer about the recklessness from a disregard for another that could result in injury or death. in this particular statute. it is the same. it is a reckless act. it is not intentional. it is a close call but i'm on the side of the prosecution here. you should never mess with foods, especially that is allergic to various different things. >> shannon: so the defense, the roommate who is reporting this whole thing said the woman ended up in a lot of trouble. she had a pay damages over the hospital stay. she went into debt, lost her scholarship. so she writes this, i know she has the a-hole about lying about food. i want to know if i'm the a call but i screwed a person's life because put long ingredients on breakfast only to do something nice. ten seconds for both of you, sarah and then david. spoke with the roommate was being cordial and nice here. it is an unfortunate situation but again food allergies are awful. it is a bad situation here. >> no winner here. there are hospital bills to be paid. the defendant come i hope she found a diversionary program. let's not crush lives with sledgehammers. this was the justice system and what it is for. it is not always punishment but it could be rehabilitation as well. >> shannon: all right, david and sarah happy new year. thank you very much. >> thank you, happy new year. >> shannon: that is it for us in washington. we will be back here tomorrow night. i am shannon bream. ...can uncover clearer skin and improve symptoms at 16 weeks. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge tremfyant® with tremfya®... ask you doctor about tremfya® today. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." one of the weirdest features is how we are all trained to ignore the things that really matter. you might have one to pick among many of the examples and hundreds of thousands of fellow americans are going to be living on the sidewalk. where did these drugs come from exactly.