after a 5-day quarantine if they are positive. but they should test if they have access to one. there are also currently no plans to update the definition of fully vaccinated to include a booster shot. and in chicago big news, a major setback for families anxious to get their kids back in school as classes there were canceled today. after the powerful teacher's union voted to go virtual until at least january 18th. chicago's mayor is firing back saying the decision is not based in science. more on that from chicago in just a moment. first, let's go to the white house, correspondent jacqui heinrich live from the north lawn. good evening, jacqui. >> good evening to you, bret. just days after arguing that testing after five days of isolation isn't necessary because the tests don't accurately measure whether a person is contagious, the cdc revised its policy. >> the white house defending the cdc amid criticism its new post infection testing guidelines are confusing. >> he has confidence in the scientific expertise, the medical expertise of the team at the cdc. >> the revised isolation guidelines don't require a test to return to five days after a covid positive case. they tell people if you have access to a test and want a test, go ahead and do it. if you are positive, stay away from others until day ten. the cdc denying a nationwide shortage of test influenced its initial guidance. later changed in response to public backlash. >> this has nothing to do with the shortage of available tests because you can see in our quarantine guidance that we actually do recommend a test for people to emerge from quarantine. >> the criticism from medical experts continues. >> i'm totally not in agreement with their decision not to do a test. it's critical that we use this testing as our guide. >> in other policies, the cdc does, in fact, rely on testing like with the test-to-stay program to keep kids exposed to covid in school. >> is the cdc still led by science and not by other factors in determining its policy? >> well, jacqui, the cdc is absolutely led by data and science. and, you know, again, if they hadn't changed their recommendations over the course of time, schools would probably be closed across the country. >> the cdc also announced it has no plans to change its definition of fully vaccinated to include a booster shot, despite a month's long campaign to promote them. the white house would not weigh in on whether potential challenges like opposition to employer vaccine mandates or more strain on an already depleted workforce factored into the decision. the wait continues for 500 million free tests promised by the administration as a 2020 tweet from ron klain resurfaces, having not aged well. writing in part: testing still isn't fixed. testing still isn't fixed. testing still isn't fixed. and lawmakers on you will capitol hill are probing the need and willingness to pass yet another covid relief package. the white house says they are constant bely in contact with congressional leaders about the needs of the american people but right now there is no specific request for more aid, bret. >> bret: jacqui, thank you. now to chicago. chicago teachers refusing to return to in person learning until omicron subsides or new safety measures are put in place. the late night decision impacting more than 300,000 students, not to mention their parents. chicago's mayor lori lightfoot blasting union leaders for, quote: politicizing the pandemic. correspondent garrett tenney has the latest from chicago. >> we failed by the public health office. >> chicago teachers refusing to show up at schools today. after 73% of union members voted against in person instruction. the union argues schools are no longer safe, due to a surge of covid cases and are demanding more testing, better face masks and clear metrics for closing schools if any outbreaks occur. >> all we are asking is that we work in safe and fair conditions. >> those concerns are aren't supported by the sints, according to chicago's public health commissioner who says schools are still among the safest places for kids to be. >> i make a lot of hard decisions. i give a lot of advice. you look at the data on this one, the answer actually is very clear. >> the district says it spent more than $100 million over the past year on safety measures and given that transition of the virus in schools is extremely low and 91% of teachers are fullly vaccinated, there is no reason to move the entirety of the nation's third largest school district online. the europe is seemingly alone in its opposition to in person learning. yesterday president biden said schools should stay open and today after ctu's vote, the white house doubled down. >> we are more than equipped to ensure that schools are open. we are good to keep our children and educators who selflessly serve their community safe. this includes schools everywhere including in chicago. >> the chicago teacher's union is refusing to show up for in person classes for the second time in the past year. once again, forcing kids to stay home. many parents say they are fed up. >> it's absurd. it is 100 percent the union posturing and holding our children postage. >> tonight negotiations are ongoing and while both sides are hoping to work out a deal, the district is working on contingency plans and the union has told its members to be prepared to stay home until as late as january 18th. bret? >> bret: hard to believe. more on this with the panel. garrett, thank you. attorney general merrick garland says all january 6th perpetrators at any level will be held accountable under the law. the announcement came today as democrats criticized the attorney general for not being more aggressive with his investigation. despite more than 700 arrests tied to that day already. correspondent david spunt is following the story from the justice department. >> those involved must be held accountable. >> one day before the anniversary of the u.s. capitol attack, attorney general merrick garland, the nation's top law enforcement officer addressed the american people. he talked about political violence and free elections but his underlying theme are a warning to those involved in the capitol chaos who have yet to be identified. >> the actions we have taken thus far will not be our last. >> garland declined to announce any new charges or even name names. he is under increasing pressure from democrats to do more with the investigation and be more aggressive. >> i think merrick garland has been extremely weak. we have, again, an attorney general who is feckless and has not been helpful in terms of preserving our democracy. >> former missouri senator claire mccaskill a democrat who praised garland who was a nominee for the u.s. supreme court wants him to hold former president donald trump accountable saying last week garland is either going to rise to the occasion or go down in infamy as one of the worst attorney generals in this country's history. despite an unprecedented investigation with more than 700 defendants and countings, doj and fbi officials are still looking for this person who dropped off pipe bombs outside both the rnc and dnc. we spoke with the head of the fbi's washington field office who says while it's difficult to identify the suspect completely disguised, he is hoping the public can help. >> if there is particular maybe a gate, the way they hold themselves, the way there is one video they come up on tippy toes, peculiar ity someone might be help to pick out for us. >> $100,000 leading to the arrest of this pipe bomber. any information, pick up the phone and call 1-800-call fbi. bret? >> bret: david spunt at the justice department. david, thank you. in moments former trump white house press secretary stephanie grisham will meet with the house select committee investigating the january 6th riot. grisham says the committee has yet to ask her for any specific documentation. grisham resigned on january 6th of last year in the wake of that riot. stocks were off today after a tech-lead sell off. the dow lost big 393. the s&p 500 dipped 793. the nasdaq plummeted today 523. fears that the fed moves are going to effect everything. new york city's new district attorney says he will stop seeking prison sentences for a number of offenses ranging from certain robberies, weapons, possession charges and drug dealing offenses. that announcement comes while new york city's new mayor, eric adams, pledges to take a tough stance on crime. senior correspondent eric shawn shows us tonight from new york. >> you can do the crime and now not get the time. critics say that's the message from the new progressive manhattan district attorney alvin bragg. in a stunning reversal of traditional law enforcement procedures, bragg will stress diversification and alternatives like crisis intervention to jail time over putting some criminals behind bars. he will no longer as far as rate law breakers unless it's murder, a crime that involves someone's death or a penalty. braggs quote saved of safety and fairness. >> i had a knife to my neck and semi-automatic weapon to my head. i know these issues intimately. what we are doing now is not working plain and simple. this is our path forward. this is how we reduce violent crime. >> bragg will no longer enforce trespass crime resists arrest and sex work and reducing charges that could mean no jail time for some armed robbery arrests. stealing from stores or storage areas of homes and dealing drugs. police unions and criminal justice advocates are outraged saying bragg is giving criminals a free pass. >> he is paving the way for an even bigger blood bath than what we have seen in new york city already. ruining any chances of that the city has to come back. >> would his policies give criminals a green light? >> no, i mean, it just depends upon your definition of criminal and for all too long we dealt with this uttering of anyone we put in jail is a criminal. well, you know what? we are putting in jail homeless people who, um, literally in one example used -- to buy food and toot paste. got sentenced to 4 to 8 years. if that's your definition of a criminal, i suggest we need to really reorder ourselves. >> progressive democrats are also supporting other controversial d.a.s like in los angeles, philadelphia and bration. seen sharp increase in violent crime. bret? >> bret: eric, thank you. up next 2,000 afghan commandos still stranded in afghanistan and now the taliban is looking for them. we will bring you there first, here is what some of our fox affiliate around the country are covering tonight. fox 29 in philadelphia 13 people including seven children are dead after an early morning row house fire. two others were hospitalized. it took firefighters an hour to control that blaze. a city official says there were four smoke detectors in the converted apartment building but none of them were working. some senior firefighters in that apartment said it was a worse loss of life in a fire they had ever seen in their career. fox 11 in los angeles where organizers hit pause on this month's 64th grammy ceremony. holding show on january 31st posed too many risks given the uncertain spread of the omicron variant. the academy says a new date will be announced in the near future. and this is a live look at boston from fox 25, our affiliate there. the big story there tonight, a lost letter to a mother written 76 years ago by an army sergeant from a battlefield in germany is found. quote: dear mom, i'm fine and getting along okay. but the food is pretty lousy most of the time. the post office is uncertain where the letter has been all these years, but it was finally delivered to the sergeant's 90-year-old widow angelina. she said it's like he came back to me. his handwriting and everything. that is tonight's live look outside the beltway from "special report." we'll be right back. ♪ you inspired the new lexus es to be... well, more you. so thank you. we hope you like your work. get $1,500 lease cash toward a 2022 es 350. ♪♪ [ coughing and sneezing ] get $1,500 lease cash toward a 2022 es 350. cold season is back. bounce back fast with alka seltzer plus. with 25% more concentrated power. alka-seltzer plus. ♪ oh, what a relief it is ♪ so fast! also try for cough, mucus & congestion. it was a tragedy. with knockoff batteries, little miss cupcake never stood a chance. until, energizer ultimate lithium. who wants a cupcake? 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>> nobody. >> suspicious texas trooper searched the trailer and find a large group of illegal immigrants being smuggled inside of a hidden compartment 21 people in total. they are brought out one by one and the driver is arrested. texas dps says he was in possession of a gun and the truck he was driving was stolen. in palm view, texas, more of the same. texas dps pulls over a female driver and they quickly notice she has got several migrants packed into her backseat. they, too, are pulled out one by one. and everyone is arrested. texas dps tells fox news they are seeing these human smuggling incidents every single day. meanwhile, in the rio grande valley, a border patrol agent was shot at from the mexican side of the river on new year's day. several bullets hit the agent's vehicle but he wasn't hurt. the fbi now investigating. here in la joya, border patrol plays a daily game of cat and mouse with migrant runners agents and helicopters scan residential neighborhoods looking for the ones trying to evade as the border crisis literally comes to the doorstep of some americans, in this case these runners escaped and they became got-aways. per dhs source the rio grande valley sector has already seen over 12,000 of these got-aways just since october 1st. and, bret, del rio sector has been incredibly active. just over the new year's weekend border patrol reports they apprehended more than 2200 illegal immigrants in just in the month of november they say they picked up migrants from more than 60 countries around the world. we will send it back to you. >> bret: bill melugin along the border. bill, thank you. there was no damage or casualties after rockets struck an iraqi military base hosting u.s. troops at baghdad's international airport last night. also in syria, 8 rounds of indirect fire hit another base with members of the u.s.-lead coalition there. a series of attacks have occurred since monday, which marked the anniversary of the u.s. airstrike that killed top iranian general qasem soleimani two years ago. four months after the withdrawal from afghanistan, thousands of afghans who aided the u.s. are still waiting for their chance to come to america. and as lucas tomlinson reports, it is a big blemish on president biden's first year in office. >> this is where is waldo administration. no one can be found. no one wants to take responsibility. >> the biden administration facing mounting criticism on the president's domestic and foreign policy agendas. breaking records on the southern border over encounters with illegal migrants. and to the number of coronavirus cases nationwide. on top of the highest levels of inflation felt in nearly 40 years. it's been over four months since the u.s. left afghanistan. while the u.s. military helped rescue over 120,000 afghans, officials say more than 20,000 afghan commandos have been left behind. >> the administration just wants this to go away. they just want to turn the page. it's one of the most heartless things i have ever encountered. >> no jobs have been lost over what many sees a a botched evacuation. >> i think a lot of people should have been fired over the handling of afghanistan and not just in this administration. >> scott mann is a former green beret who founded task force pineapple. a group of veterans dedicated to rescuing afghan commandos families. >> hunting them down. >> lawmakers including mike waltz urging legislation to rescue commandos now in hiding fearing their lives. afghans voice their frustration. >> there are some videos coming out on social media that taliban are rounding up people not for working with american forces or foreign forces but for having a picture with a former soldier in the national army. >> some think the u.s. military will have to return to afghanistan one day to fight. >> they are going to be facing potentially 25,000 commandos and now they are looking for crosshairs of optics of our weapons we abandoned. and night vision goggles that we left behind at our troops as they come. >> in while many are calling for accountability, president biden stands by his decision to evacuate, ending the war after 20 years with the taliban now controlling the country. bret? >> bret: lucas, thank you. up next, the governor of virginia appears to blame drivers from outside virginia for yesterday's massive stand still on i-95. we will bring you that plus another resignation from vice president kamala harris' office. first, beyond our borders tonight. at least 8 people are dead as demonstrations escalate from kazakhstan over a rise in fuel prices there. protesters stormed the presidential residence and mayor's office setting both buildings on fire. police fired on some protesters at the presidential palace before fleeing. the government resigned in response to the unrest and the president has vowed to take harsh measures to quell it. a russian led military alliance says it would send peace keeping forces to kazakhstan. watch this story. professional tennis player novak djokovic was left stranded at melbourne airport overnight as he waits for permission from australia to enter amid the covid vaccination requirement. scheduled to play in the state open the state government in victoria denied his application leaving his fate in the prime minister of australia's hands. djokovic is seeking a record-breaking 21st grand slam win. and this is a live look at tokyo from earth tv. the big story there tonight, the new year's first tuna auction at a fish market in tokyo. the top bid at the event was a blue fin tuna weighing in at 46. a sushi chain bought the fish for just north of $145,000. that's a lot of tuna. here are some other stories beyond our borders tonight. we'll be right 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 ♪ i recommend nature made vitamins, because i trust their quality. they were the first to be verified by usp, an independent organization that sets strict quality and purity standards. nature made. the #1 pharmacist recommended vitamin and supplement brand. with directv stream i can get live tv and on demand anywhere. look, serena williams... matrix... serena... matrix... serena... matrix... ♪ ♪ ♪ get your tv together with the best of live and on demand. introducing directv stream. ♪ >> bret: michigan democratic congresswoman brenda lawrence says she will retire from congress at the end of her term. that announcement makes lawrence the 25th house democrat not seek re-election in 2022 see served in the house since 2015 and is the only black member in michigan's congressional delegation. her term ends in january 2023. we're receiving new information tonight on another resignation from vice president kamala harris' office. the departures follow reports of growing frustration within the vice president's office as her approval numbers continue to slide over a string of gaffes, including an ill timed tweet she posted yesterday. here is chief washington correspondent mike emanuel. >> there appears to be a revolving door at the office of the vice president, less than a year after taking office. vincent evans, who worked to connect the vice president with various interest groups, is the latest departure. in a statement, he did not mention serving vice president kamala harris saying, in part, i am deeply honored to be named the executive director of the congressional blackhawk caucus. evans is at least the fifth staffer from the office of vice president to leave. the two highest profile departures before him were communications director ashley aten and senior adviser spokesperson symone sanders. there is evidence the vice president's too many is struggling with harris' latest approval number at 32% in the "u.s.a. today" suffolk poll. harris tweeting yesterday: because of the bipartisan infrastructure law, america is moving again. that is what infrastructure is all about. getting people moving. the tweet was sent as hundreds of drivers were stranded in northern virginia on interstate 95. some calling the vice president's tweet tone deaf as people were stuck in the freezing cold. it took virginia democratic senator tim kaine nearly 27 hours to travel to his office on capitol hill. >> there were periods of five or six hours where, you know, we were basically just in the middle of the night stopped in the middle of the interstate not moving. >> harris has taken heat for her role in addressing the border crisis. henry cuellar told reporters he has moved on. noting harris was tasked with the job and doesn't appear very interested in it. >> i want to be helpful to the vice president, but, like any conversation you got to have two people to have a conversation. >> late today, another departure from the harris team her staff are in charge of press logistics is leaving the white house to work at the state department. bret? >> bret: mike, thank you. virginia's governor is facing a slew of criticism tonight for seemingly blaming motorists who were trapped on that interstate 95 yesterday after a tractor-trailer pile up in a snow storm forced hundreds of drivers to hunker down overnight and as you saw including one of the commonwealth's u.s. senators. senior news correspondent rich edson is following the story. is he here tonight. good evening, rich. >> good evening, bret. some of those drivers have been asking what happened? a forecasted know storm trapped hundreds in their cars and trucks overnight along i-95. one of the busiest stretches of road in the country. virginia governor ralph northam told "the washington post," quote: we gave warnings and people need to pay attention to these warnings. and the less people that are on the highways when these storms hit, the better. one local republican official blamed this mess on the state government. >> i think that is probably the hardest part about being an elected official is sometimes dealing with the virginia department of transportation. i would have liked to have the governor declare a state of emergency on sunday that would have allowed prestaging of plows and emergency equipment. >> northam maintains a state of emergency would have made no difference it snowed more and faster than first thought. virginia transportation officials say they decided against pretreating the highway because heavy rain arrived first and would have washed away road salt before the snow began. "the washington post" columnist charles lane wondered how bad this could have been if most of the cars were electric writing, quote: absent some break through in mobile charging technology out of juice evs in out of the way places would need a tow. if monday's nightmare they might have littered the highway for miles. also in virginia a mess on the rails near lynchburg. passengers struck on amtrak for more than 30 hours. >> i really just like to hear back from the people or anybody at the department of transportation to see what they're going to do about amtrak. because if it's not -- this is not right. we are not in siberia. >> the weather may offer the region another test this week. the national weather service has a winter weather advisory tomorrow night for parts of virginia and maryland and d.c. warning of up to 5 inches of snow and slimry roads. bret? >> bret: oh, joy. rich, thanks. investigators looking for one of two people missing after a destructive colorado wildfire have found partial human remains near the suspected origin of the blaze. authorities are conducting separate searches for a person reported missing in hard hit community of superior. up next the panel on more covid confusion over testing, quarantine guidance, and getting kids back to school. >> i do not regret my decision to end america's war fighting in afghanistan. >> inflation is affecting people's lives. it's a real bump in the road. >> there is no federal solution. this gets solved state level. >> bret: talk about president biden's comments recently as well. as we head to break though, some sad news to share. lawrence brooks, the oldest u.s. world war ii veteran, believed to be the oldest man in the country, has died. brooks was drafted into the army in 1940 after japan's attack on pearl harbor he was assigned to an army unit that built bridges, roads and airstrips in australia. when asked for his secret to a long life, he often said serving god and being nice to people. lawrence brooks was 112. 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for 36 months when you add an adjustable base. only for a limited time. ♪ ♪ ♪ deposit, plan and pay with easy tools from chase. simplicity feels good. chase. make more of what's yours. >> qui knew how to keep our kids safe in school and the president couldn't be clearer, schools in this country should remain open. >> going into school puts us at risk. puts our students and families at risk. >> >> i don't think decision is grounded in science. >> they are doing everything they can to keep these kids safe in school. there is no reason for them to be at home. our my kids are being held hostage at home. >> if you were a family in chicago, your kids are at home because the chicago teacher's union has decided not to go omicron variant and it's going to last until at least january 1st they are saying. our friend marc thiessen said biden needs to do what reagan did with the air traffic controllers and fire any teachers who don't show up for work i don't know what that guy benson political editor at town hall.com host of the guy benson show. leslie marshall democratic strategist and byron george chief political correspondent of "the washington examiner." leslie, this seems to be a problem that democrats across the board are saying wait a second, i'm not sure this is going to work for us. >> firing people whether you say hey, you don't have a vaccine, you can't come to work, you are fired. we have seen that a lot in healthcare industry state by state, red or blue. if you are going to fire teachers not showing up for work, this becomes the same problem. i hear what mark is saying invoking that. that would be very problematic especially with a low approval rating of the president. i don't think it's the president's responsibility to do it. the president has been clear he wants kids in school. i want my children in school. my children still at home because we are waiting for negative test so they can go back. >> we have frustrating for parents and frustrating for teachers and other children in the class and, of course, the kids themselves. but this is not the way to do it just to start firing people left and right in industry and we have seen what has happened when we have done that with the vaccine mandates. i just don't think that's the way to go. let's pause and take a breath and look at what is going to be beth for each of these school districts and each of these families good teachers. >> bret: maybe it's not that maybe it's not that tweet and not that action. but, guy, to go, to have the president go to chicago and stand by chicago mayor lori lightfoot, some people are saying maybe that is a good thing for him to do. >> right, for him to say something as opposed to having the other folks say the president has been clear he would like to see schools open. stand up, mr. president, to these political allies of yours and tell them to get back into classrooms and stop harming children. look, if he did that, that would be good. i would give him one cheer, not two or three. same with mayor lightfoot. i'm glad some democrats are finally saying these things. the problem is these are the politicians who have coddled and indulged and enabled exactly these types of really abuses for the last year and a half. flying in the face of science these teachers are learned they can get away with these things and belatedly try to catch up to public opinion and finally acknowledge the science here is better late than never. but still not particularly impressive, i would say. that he was the issue that democrats are facing. the one silver lining, bret, in my view, and it's hard to find one because kids are hurting as they have been for two years. is that some of the things that conservatives have been saying about teachers unions and school choice, have basically been amplified playing out in a commercial. >> bret: well, byron, to that point, we should point out that illinois' democratic governor pritzker is missing in action on this issue about the chicago schools and we haven't heard from him. i do want to read this "new york times" newsletter. no way to grow up. it was really well-written and accurate. for the past two years large parts of society have decided harming children was an unavoidable side effect of covid-19. and that was probably true in the spring of 2020 when nearly all of the society shut counsel to slow the spread of a deadly and mysterious virus. but the approach has been less defensible for the past year and a half. severe versions of covid including long covid are extremely rare in children. for them, the virus resembles a typical flu. children face more risk from car rides than covid. byron? >> yeah. that article mentioned the spring. it feels like we have taken a giant step backwards here with teachers unions. cases, you know, cases skyrocketing and teachers unions showing that they are in charge certainly in democratic constituencies and what's come out of the white house is a plea for more time. i mean, the entire thrust of what president biden said yesterday was please give us some more time, we need more time will pfizer pill, widely distributed. he has been in office nearly a year and his campaign was based on the idea that he, joe biden, was an experienced hand. he knew government. he knew how to make it work and to deal with the crisis like this. and now you have had his vice president say they were surprised by the delta variant. they are surprised by the omicron variant and now they just need more time. this is not something that the american people are happy with. and you are seeing that in his declining poll ratings on his handling of covid. >> bret: yeah. leslie, politico writes: the white house embraces a manage not contain game plan even as the president sought to project calm, he conceded there was widespread confusion among americans about the virus' spread and health officials inside and outside his administration privately acknowledged that there is little new left for the federal government to do but hold on and hope the worst is over soon. and the president himself not his best spokesperson. here he is tuesday. >> google covid test near me. go there google -- excuse me, covid test near me on google to find the nearest site where you can get a test most often and free. there's a lot of reason to be hopeful in 2020 but for god's sake, please take advantage of what's available. >> bret: leslie? >> i have been very upset since the beginning of this and the last administration and currently as well with the lack of unity between the cdc, the nih, and the white house. and that information coming out and constantly changing is very confusing to the american public whether you have a d or an r next to your name when you vote. tests, for example, you know, at home testing, we know not is accurate. rapid response not as accurate. pcr more accurate. try to get an employment some places to get that test. look, i have a lot to say i'm being told wrap in my ear. the bottom line is the medical professionals are just as confused, are just as confused with not just these variants but how fluid this is morphing and obviously people who are vaccinated are getting this variant, so we are seeing that maybe this variant is trumping this particular vaccine and maybe it's tricking these tests. we are seeing people, my own family people have tested negative inconclusive as positive in the same three days for the same virus. >> bret: yeah. it's amazing. all right, panel, stand by if you would. up next democratic pressure on attorney general merrick garland. ♪ nicorette knows, quitting smoking is freaking hard. you get advice like: just stop. go for a run. go for 10 runs! run a marathon. instead, start small. with nicorette. which can lead to something big. start stopping with nicorette. 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! moving is a handful. it shortens colds! no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. >> these acts and threats of violence are not associated with any one set of partisan or ideological views. but they are permeating so many parts of our national life. >> bret: attorney general merrick garland saying give him some patience as he continues his prosecutions about january 6th and the capitol rioters getting from the left. what merrick garland should say about january 6th. patience is wearing thin with garland not because he has so far failed to indict trump or his cronies, his credibility and the credibility of the department are at risk because he has not yet demonstrated the vision and nerve to defend democracy in its hour of need. glenn greenwald tweeted this: a full year after the 1/6 riot at the capitol the total number of dimes from the biden doj for insurrection, or treason is the same number of mueller criminally conspiring with russia over the 2016 election many. zero. guy, what about this? >> well, january 6th was an outrageous attack on the rule of law, among other things. and i think in response to that attack, there needs to be an adherence to the rule of law. and that sometimes takes a period of time. it's not instant justice, instant graphics the way that some people want. i understand it's a year later there have been hundreds of arrests there have to be due process for the people that were arrested. they did not lose their rights or not stripped of their rights just because they behaved terribly and outrageously. and this is the way that the process tends to go. and i think that sometimes you see politicians in this case a political figure like the attorney general trying to sort of quiet some of the critics and say hey, we are still moving this ball down the field here, bear with me. and in this case, i think that's a relatively prudent and fair thing for him to say. >> bret: meantime democrats are trying to tie january 6th, again and again, to voting rights. take a listen. >> that is why voting reform and the freedom to vote act is so important to our democracy. january 6th was not an isolated event. >> it is beyond distasteful to for some of our colleagues to hand foistedly invoke the january 6th to advance. the first legislation at hand was introduced in january of 2019. >> bret: byron? >> well, the thing they want to do right now is kill the filibuster and they will use any argument that is at hand. and two years ago, long before january 6th, they had other arguments to want to get rid of the filibuster. now they are saying january 6th. as far as merrick garland is concerned, i said earlier that joe biden was pleading for time on covid, well, garland was pleading for time on the januars because he came out today and said, look, just because we have leveled a relatively limited indictment against figure a or figure b, that doesn't mean we are not going to indict them again with something bigger. just wait, please, we will take care of it. he is under a lot of pressure from democrats. >> bret: leslie? >> i would agree with both guys on this. you have got to be patient. you have over 1,000 hours of videotape. you have 1700 people arrested. half of those have been sentenced already. but you have a lot of people out there. they say approximately 1,000 assaults. could be up to 2500 people that will be arrested at the end of the day. and, also, the attorney general said, quote: actions taken thus far will not be our last. so i believe he will take this as far as it needs to be. and that means, perhaps sitting congressional members or even perhaps the former president. >> bret: well, we'll have full coverage of everything tomorrow, the day, the one year anniversary. panel, thank you very much. when we come back, an inspiring comeback in the making. ♪ ♪ with apple carplay support. get 2.49% apr financing on the 2022 gx 460. ♪♪ get 2.49% apr financing on the 2022 gx 460. aleve-x. it's fast, powerful long-lasting relief with a revolutionary, rollerball design. because with the right pain reliever... life opens up. aleve it... and see what's possible. (judith) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? don't you just ride the wave? (judith) no - we actively manage client portfolios based on our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different. >> woman: what's my safelite story? >> vo: my car is more than four wheels. it's my after-work decompression zone. so when my windshield broke... >> woman: what?! >> vo: ...i searched for someone who really knew my car. i found the experts at safelite autoglass. with their exclusive technology, they fixed my windshield... then recalibrated the camera attached to my glass so my safety systems still work. who knew that was a thing?! >> woman: safelite has service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ >> bret: finally tonight, an aspiring comeback after collapsing during a match at the european championship in june, denmark player christian erickson is eye ago return to soccer. 29-year-old suffered a heart attack in the middle of the game. team doctors said it was full cardiac arrest and, quote he was gone before being resuscitated with a defibrillator. now he has resumed training in recent weeks despite not currently belonging to a team. his goal is to play for denmark in the world cup in november. good luck to you, sir. tomorrow on "special report," i will interview wyoming republican congresswoman liz cheney vice chair of the januart they are learning and what comes next. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. "fox news primetime" hosted by lawrence jones starts right now. hey, lawrence. >> lawrence: hey, bret. thank you my friend. good evening and it welcome to "fox news primetime." i'm lawrence jones. the teachers unions are back stuck on stupid. chicago 73% of the union members voted to pull the plug on in person learning, again. what? >> we have been failed by the public health office and staff only thing we can scroll whether we go into the building. and we want to teach and we want to do what's right for our student and we are prepared to do that remotely starting today. >> lawrence: they claim they want to teach, but they really don't. ey

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