a recent panel including dr. marc siegel will sort it all out and will join us live. and school for thousands of students in chicago after the teachers union demand to remote learning. many parents furious. but growing backlash against manhattan district attorney and speaking soft on crime. this has started since day one. zero prison time for some felonies. riley, the offer of "hate crime" joins us later in the show. we began with the crisis of confidence in the center for disease control. for dan springer taking a closer look at the full medical mixed messaging. good evening, dan. >> good evening, the center for disease control all over the map on a number of key guidelines, but especially on the issue of testing for covid-19. the latest guidance said when people test positive, they can come out of quarantine five days, even without taking another test. just to add to the confusion, the cdc if you want to take a test, go ahead and is still positive, stay in quarantine until ten days since your positive test. if you are confused or not alone, the american medical association ripped the cdc saying the new recommendations on quarantine and isolation are not only confusing but risking further spread of the virus. the new stance is inconsistent with other guidance, for example, the cdc recommends when a student tests positive they should stay out of school seven days and only come back after a negative test. the cdc director was asked today if this apparent flip-flop had anything to do with the difficulty people are having finding a test. >> first of all, 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. >> but as we said, that is not the legions guidance is saying. and seemingly ever-changing recommendations. >> the cdc is absolute by data and science. and again, if they hadn't changed the recommendations over the course of time, schools would be closed across the country. >> there is a lot of confusion around what it means to be fully vaccinated right now. well, it is apparently the white house and dr. fauci don't have a definition because that much of a term is out. >> we are using the terminology, keeping your vaccination up to date rather than what fully vaccinated means. >> that is news to thousands of people across the country who have lost their jobs because they were not "fully vaccinated." shannon. >> shannon: we will try to impact is very confusing thing, thank you, dan. first up into nights covid round up, yale university students have been told not to eat at local restaurants even outdoor. according to the school newspaper before returning to campus, showing a negative test nearly 100% yale students are fully vaccinated. macy's is shrinking store hours for the rest of january due to omicron. preparing for a potential rise in cases among workers and will open an hour later and close an hour earlier on weekends. multiple restaurants in washington, d.c., have announced they are temporarily closing due to staff edge shortages and lack of outdoor seating in january. many switching to take out and only outdoor dining. we told you on fox news at night, public schools in chicago will close again thursday as teachers were refused to and pursing learning until the omicron subsides or safety measures put in place. lori lightfoot announcing chicago has filed unfair labor practice complaint against the teachers union following tuesday's late-night vote impacting 300,000 students. and mentioned their parents, from chicago. >> the public health office, the chicago teachers refusing to show up at school today after 73% of union members voted in person instruction. the schools no longer are safe due to a surge of covid cases and are demanding more testing, better face mask and closing schools if outbreaks occur. >> all we are asking is that we are safe. >> those concerns aren't supported by the science according to chicago's public health commission. schools are among the safest places for kids to be. >> i make a lot of our decisions, i give a lot of advice. you look at the data on this one, the answer actually is very clear. speak with the district spent more than $100 million over the past year on safety measures and given that transmission the virus in the schools is extremely low and 91% of the students fully vaccinated, there is no reason to move the entirety of the school district online. the union is seemingly alone in its opposition to in person learning. yesterday, president biden said school should stay open. today after this, the white house doubled down. >> we will ensure schools are open and keep our children and educators who serve the community safe. this includes schools everywhere, including chicago. >> the chicago teachers union refusing to show up 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 is absurd. it is 100% the union posturing and holding her children hostage. >> tonight the negotiations are ongoing and hoping to hold a deal but the district is working on contingency plan. the people to prepare to stay home as late as january 18th, shannon. >> shannon: dear anna, we know you are honest, thank you very much. searching around the country, new york city is taking particularly hard hit with a spike in case numbers and rise in hospitalizations as parents opt to keep their kids home from -- from home. laura ingle has the latest tonight from new york, good evening, laura. >> hi, shannon. it's not the start to the new year many had been hoping for. with covid cases surging and many students out of the classroom once again, new yorkers are just trying to navigate how to stay safe while resuming normal lives as best as a cane. many new york city public schools have sent schools back to remote learning at home with renewed concern over covid. according to the center for disease can improve in, there were close to 46,000 new cases of covid-19 reported in new york city on wednesday bringing the total number of people of covid in the city close to 1.8 million. and overwhelmed emergency workers to the influx of patients coming through the door. the governor of new york telling hospitals to start recording how many covid patients are admitted because they had symptoms versus how many patients are treated for other illness and ten are also discovered to have covid. >> there has been so much loss. too many lives and too many hopes and dreams. and now, we thought we were turning a corner and there is a new variant, and other surging cases. it feels like deja vu. i know you are all asking, will we ever get through this? yes, we will. >> as word comes more than one in five new york city covid tests are coming back positive, the big apple's newly minted mayor says "returning two days have high numbers again means staying vigilant by taking precautions, getting tested, getting vaccinated." i hear what people say. i have my vaccination, booster shot and still got covid. yes, but for the most part, you are home. you are not in a hospital on a ventilator. and because of the vaccination of booster shots. >> many wonder when we will see the current surge. health officials say 75% to 80% of hospital beds across new york city are currently occupied. they expect that number to go up in the coming days. shannon. >> shannon: laura, thank you very much. breaking tonight a new court filing repealing that boston marathon bomber received a $1400 covert relief payment last june. he was convicted in 2015 but had his death sentence vacated in 2020 is serving a life sentence at maximum-security prison in colorado. from increasingly confusing federal response to test shortages and plans to punish them vaccinated, plenty of covid steps tonight. let's bring it and the shannon bream team, dr. marc siegel. former health and human services department senior official, jack caliber. it is great to have you back with us. >> hi, shannon. okay, some confusion out there. so let me play this from the doctor, the cdc director about whose vaccinated and whose fast-changing. >> individuals are considered fully vaccinated against covid-19 if they receive primary series. that definition is not changing. we are recommending individual stay up to date with additional doses that they are eligible for. >> shannon: doctor, the new terminology is up to date. is it going to change, do you think for people requiring boosters that few u.s. coming to the restaurant or the workplace as in fully vaccinated? >> you know, shannon, the wording sounds like that, up to date will change to how recently you've had your booster. you know what has really changed here? what has changed the way the vaccine is actually working. that is not being considered and actually in a good way it is good news and a bad way it's bad news. the vaccine will protect you against severe illness, especially if boosted but less effective at decreasing you from getting infected period because of the way the omicron variant works. you get reinfected appear and so the of using it as prohibitive measure is the problem. if it's not going to prevent spread and only prevent severity, it goes back to being a matter of choice. it is the right choice, by the way to be up to date. the correct choice, but superimposed choice, no. that is why i don't necessarily like the word "up to date." i don't want anybody policing that because it varies from person to person also. >> shannon: and it will linton supreme court friday and we will hear arguments about the mandates and with that the government can. what that will mean eventually as far as being up-to-date or fully vaccinated. we will see what the legal side of this is. meanwhile ron klain at the white house has this, june 26, 2020 he said "testing still wasn't fixed." it still isn't fixed and we are the richest country on earth and don't have enough swabs. testing is still not fixed. jack, we are in a new administration a year later and a lot of people still cannot get their hands on a test. how can the united states to a better job? what are we missing? >> thanks, shannon. a quote like that is politics where you are running against someone and using their response with the pandemic against them in a campaign. using language like that, it will come back to bite you. it has for them. i look to what the doctor who's been on your show and the network a lot has said and paul manko about operation warp speed, this operation has not had an operation warp speed type effort when it comes to testing. this summer, the perfect opportunity to use some of the $1.9 trillion from the american rescue plan for testing to buy all the test they could possibly buy. so it is very disappointing. of course, when you add to that something called omicron, you know, you have a bit of hysteria around it during the holidays, it was up to federal officials to encourage people to be calm, to listen to the things dr. siegel has said about it be less variant and not having every single person with a sniffle going and awarding home tests at cbs. >> shannon: doctor that is another problem we hear from 911. we hear it from emergency rooms that people are showing up in droves, very frightened and trying to get their hands on a test. 911 is saying please don't call us about that. an ambulance will not show up and do that. we have people with gunshot wounds and those who are infected that we need to help. what message could you give to people about those that say they are overburdened to question work >> first of all, i agree with jack that these tas should be available. i call it operation snail speed. it should be months and months ago with a warning about this. we need these tests at home. when people fled the e.r. to get tested, they can catch something or spread something or sneeze on somebody or cough. you have to separate people that may be infected with covid appeared as you just pointed out, shannon, you can't do the things you need to do in an emergency room when it swamped. emergency rooms are hard enough without a slew of people worried, frightened, hysterical trying to get tests. there is a point about workers and emergency rooms. you are trying to superimpose a forest mandate on them. they are overworked and overburdened and depressed. they are worried about losing their jobs and working more hours and they are worried about catching covid. health care workers have never had it so tough. >> shannon: okay come i want to play something from the director of medical ethics nyu. he was saying this today on how the unvaxxed be treated. >> i will condemn them, shamed them, blame them. we can penalize them more and say "you will pay more on your hospital bill if you are not vaccinated. you can't get life insurance, disability insurance at an affordable rate. those companies should not treat as equal." >> shannon: jack, where do we draw the line? people who are obese, use alcohol or drugs and have resulting medical results? where would you draw the line on something like that? exactly, shannon. that is exactly what i was going to say. where do you draw the line? why are we shaming people? it seems like that started sometime in early summer and just accelerated, especially with the mandates and you look what's happening around the world where people in australia being put in camps. some of the people have been doing shaming themselves have been getting open and understanding you can get it even when vaccine. it would be so much better at federal authorities and others would be compassionate and tried to speak to those communities that are still and vaxxed in ways that are empathetic instead of using this kind of nasty shaming techniques. >> shannon: well, the president of france went even further and some really colorful language to describe what he hoped to do to end vaccinated people, essentially they will be drawn out of society if he gets his way, we will see. doctor, jack, good to see you. >> thank you, shannon. >> thanks, shannon. >> shannon: president biden, vice president harris will head to the capitol hill in a few more hours to mark the one-year anniversary of the capitol riots. congressional chad pergram reporting from the hill with an update to the justice department probe that remains open and active a year later. good evening, chad. >> shannon, it is the biggest criminal investigation in american history. attorney general merrick garland is intent to bring those who ransacked the capital to justice. >> those who assaulted officers or to much the face greater charges. those who conspired with others to obstruct the vote count also face greater charges. the actions we have taken thus far will not be our last. speak with the questions linger about congressional safety. >> without addressing the root causes of the violence on january 6th, the insurrection will not be an aberration. it could well become the norm. >> capitol police chief tom manger told a senate panel his department is down more than 400 officers after the riots. >> staffing issues are really impacting the realm of the department >> some republican lawmakers question whether he's being honest about security upgrades. ted hopkins organized a counter force to retake the capital fighting for hours that day against the thugs. hopkins says the riot makes him angry. >> america attacked us. they attacked us as police, attacked the capital, violently broken and broke windows and doors. it is an attack on democracy and transferable gnomic peaceful transfer of power. >> lawmakers advising the electoral count act with mischief with the electoral votes. >> fortunately on january 6th, we had mike pence who was strong and did not give in to pressure under president trump. but what if he had? what if a future vice president decided to play political games with the electoral count? >> house speaker nancy pelosi leads a candlelight vigil thursday and representative matt gaetz and marjorie taylor greene to a press conference with republican response to expose the truth "about january 6th." shannon. >> shannon: chad pergram, thank you very much. still to come stop to help a feathered friend and which notoriously slow animal actually outpaced it covid testing line this week? that is next. viral videos next. ♪ ♪ 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 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ are you tired of clean clothes that just don't smell clean? only pay for what you need. downy unstopables in-wash scent boosters keep your laundry smelling fresh way longer than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters. 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! ♪ ♪ >> shannon: first up into nights viral videos a woman in germany praised for rescuing a swan that not so gracefully landed short of its destination. hit the bridge and an onlooker said, the bird was dazed and confused how to get back to the water from the bridge pier they saw this woman wrangled that salon and toss it into the canal. nice job. residents in fargo, north dakota, took a picture and woke up to blizzard conditions after already having a lot of snow there made for a morning commute for them. take a look at the snow and the wind. i like the day where you stay under the covers and maybe call it a day. okay, this next viral video no fear of traveling in winter weather. up to 10 inches of fresh snow that covered areas here around the nation's capital. good looking dog, has a coat on and everything. love it. now this, you know they say steady wins the race. that may be true for a driver. waiting in line for a covid test captured video of a turtle outpacing the cars waiting in the drive test site in florida. finally got tested after four hours of waiting, yikes! city employee and northern liberty iowa with a mate amazing phenomenon with a fireball that lit up the sky, ryan was caught believed to be a meteor on his way home from work. pretty cool. any viral videos, hit us up shannon bream or "fox news @ night" on social media. ♪ ♪ four months after the withdrawal from afghanistan, thousands of afghans who ate at the u.s. are waiting for their promised opportunity to come to america. and thomason said one of the darkest in biden's first year in office. >> this is the administration and no one can be found and no one wants to take responsibility. >> the biden administration facing mounting criticism on domestic and foreign policy agendas breaking records on the southern border over illegal migrants. and 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 rescued 120,000 afghans, more than 20,000 afghan commandos have been left behind. >> the administration just wants us to go away. they want to turn the page. it is one of the most heartless things i have ever encountered. >> no jobs have been lost over what many see as an evacuation that was botched. >> i think a lot of people should have been fired over the handling of afghanistan and not just this administration. >> got a former green beret, a group of veterans that's going afghan commandos, interpreters, and their families. >> the taliban are hunting them down. >> lawmakers on capitol hill urging the administration to rescue the commandos now in hiding fearing for their lives. outside the department of homeland security, afghans voiced their frustration. >> there are some videos coming out on social media and not for working with american forces, but having a picture with a soldier of the national army. >> some will have to return to afghanistan one day to fight. >> they will be facing potentially 25,000 commandos and looking through crosshairs of optics of our weapons we abandoned. in night vision goggles that we left behind at our troops as they came in. >> many are coming for accountability, president biden stands by his decision to effectuate ending the war after 20 years but the taliban controlling the country, shannon. >> lucas, thank you very much. ♪ ♪ tonight where in the world, a people are dead and ongoing demonstrations with a rise in fuel prices. protesters storm the presidential residence and the mayor's office setting both buildings on fire. the police fired on the protesters at the presidential palace before fleeing. the government resigned in response to the unrest in the president vowed to take harsh measures to quell it. new bank operations have been suspended because of the chaos. the world's number one ranked tennis player has been ordered to leave australia head of the australian open. he had been left stranded at the airport over night as he waited to enter the country with what he had a medical exemption from the country covid vaccination requirements. instead, his visa was canceled. pope francis criticizing those who adopt pets versus children calling it selfish. giving up on being a mother and father can take some of your humanity away. the general assembly was to reflect on the importance of parenthood and all of its form. the next progressive prosecutor taking the reins of new york city as crime sores. we have lots of new ideas what laws to enforce or not. what city police and residents think aboutif that. hear from them next. ♪ ♪ lete exam and x-rays free 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. i've always been running. to meetings. errands. now i'm running for me. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com 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. 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 your shipping manager left to “find themself.” leaving you lost. 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 ♪ ♪ >> shannon: new york city's district attorney, the new one says he will stop seeking prison sentences for a number of crimes. ranging from certain robberies to weapon possession and drug dealing offenses. the announcement comes while eric adams with a tough stance on crime. senior correspondent eric shawn has details tonight from new york city. >> you can do the crime and now, not get the time. critics say that is the message from the new progressive manhattan district attorney alvin bragg. and a stunning reversal of traditional law enforcement procedures. bragg will express diversion and in turn additives like jail time over putting some criminals behind bars. he will no longer incarcerate although a death or a felony. his safety and fairness. >> a semiautomatic weapon. i know what we are doing now is not working. plain and simple. and so, this is our task forward. this is how we reduce violent crime. >> bragg will no longer enforce trespass crimes, resisting arrest, and reducing charges that could mean no jail time for some armed robbery arrests, stealing for from storage 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 in even bigger bloodbath than what we've seen in new york city already running chances that the city come back. >> these criminals, would you say that is a green light? >> no. i think that depends on your definition of a criminal. for all too long, that is congress. anyone that we put an error jail is a criminal. we are putting in jail homeless people, literally one example used to buy food and got a sentence of 48 years. if that is your definition, i suggest we need to really -- >> the democrats are supporting d.a. like los angeles, san francisco and philadelphia. they are also pushing policy similar to bragg's spirit a sharp increase in violent crime. shannon. >> shannon: eric shawn in new york, thank you. and district attorney bragg's new incarceration policy racking up plenty of criticism in the big apple tonight. the front page, free pass, i won't lock up guys for a slew of crimes. let's get reaction in the lightning round from hate crime author and professor, greg, great to have you back. great to be back on the show. >> shannon: "the new york post" has a memo that says went from bragg to prosecutors here. this is a quote from the memo they say "armed robbers can do guns or deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny a misdemeanor provided no victim seriously injured and no genuine risk of physical harm to anyone. what do you make of it? >> i think there is usually a risk of physical harm during an armed robbery. i mean, if you read through this guys letter to his staff, what he is doing is the exact reverse of the broken windows policy that made cities like new york and chicago livable again in the 1990s. i mean we can literally go point by point decriminalizing turnstile, jumping, marijuana possession and smoking outdoors, graffiti vandalism, graffiti art. we might see this come back. the comet is yes, crime in new york and chicago was down 60, 70%, 80% at its peak and won't go back. >> shannon: all right, let's talk about what's going on in chicago, not on the crime front but the teachers there. i will play a little bit back and forth in this vote to go back to remote learning. >> we know how to keep our kids safe in school appear the president couldn't be clearer, schools in this country should remain open. >> going to schools puts us at risk and students and families at risk to contract the coronavirus. that is the simple truth of the matter. >> shannon: it sounds like it at the white house has resistance, definitely a difference of opinion with locals there at least when it comes to the union officials in chicago. >> yeah, i mean, this is another reminder that teachers are great people but teachers unions are there for the students like -- hope it is dangerous but every retail worker or a police officer in this country has just been going to work for the past two years. we have vaccinations here they'd drop risk like 90%. it is not unrealistic given how virtual learning has failed. it is not abusive to ask teachers to show up and go to work. that is going to have to be turned to being the normal sometime very soon. and hopefully come at that is right now. >> shannon: will, shook local officials the mayor filed unfair labor practice against the union. they are not going back to school tomorrow. we will see how long that lasts. i want to get your take on the night mayor outside of d.c. i-95 and wrecked ours for hours. 27 hours from richmond to d.c. which would not take you more than a couple hours. there were several people out there blaming glenn youngkin who was elected governor of virginia, a republican and they were ripping how that he was handling this. the only catch is he's not actually sworn in as governor. >> yeah. >> shannon: what do you make of that? there was a lot of blame to go around but not at the right guys this time. >> he is a businessman but the d.c. infrastructure i will say is not what it could be when compared to chicago, new york, et cetera. there are a lot of factors and obviously not the governor's fault. one realistic point as a yankee, southern's don't believe in snow. you see these horrible, chaotic pilots from virginia on south every time a significant wizard. in this case i feel bad for these people. i'm glad crews are monitoring them but this particular storm at this particular time was warned of, as i understand. so hopefully, they all get out t of there safely. i will say it is a good thing they were not primarily in electric cars, but not the governor's fault. >> shannon: oh, yeah, we did warn them but they didn't pay attention. the incoming governor says, you know, i will work on it when i get there. professor, great to see you again, happy new year. >> thank you, happy new year. >> shannon: all right, new information of resignation from vice president kamala harris' office. the departures bowl is reports of growing frustration within the vp's office and approval numbers to tank over a string of gaffes, a tweet she posted yesterday and we talked about on the show last night. mike emanuel to explain. >> there appears to be a revolving door at the office of the vice president less than a year after taking office. who work to connect with the interest groups is the latest two departure. he didn't mention kamala harris but said in part "i'm deeply honored to name the executive honor of congressional black caucus. evans is at least the fifth staffer from the office of vice president to lead. the two highest profile departures before him our communications director ashley at tian and senior advisor chief spokesman simone sanders. and there is evidence the vice president's team is struggling with harris' latest approval number at 32% in the usa today poll. here is tweeting yesterday, "because at 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. 95. some calling the vice president's tweet "tone-deaf" as people were stuck in the freezing cold. it took virginia senator tim kaine nearly 27 hours to travel from richmond to his office on capitol hill. >> there were periods of five or six hours where we were basically just in the middle of the night stopped in the middle of the interstate not moving. >> harris has taken heat for not addressing the border crisis. texas congressman said that 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 other conversation, you have to have two people to have a conversation. >> today and other departure from the harris team. her staffer in charge of present logistics is leaving the white house to work at the state department. so that makes six, shannon. >> mike emanuel, thank you very much. you may remember this 201922 people died on what was supposed to be a fun filled cruise excursion when the new zealand volcano they were touring erupted. now, the victims families and severely injured survivor say the cruise line owes them. do they have a case? "night court" is next. you are the jury. 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. - [narrator] this holiday season, gift yourself something miraculous. - [woman 1] oh my god! - [woman 2] wow. - [woman 3] best gift ever. - [announcer] gift yourself a hairclub consultation and get 20% off your personalized hair solution. love your hair. live your life. men, you need to get off the couch and get with the program. with golo, i lost 50 pounds. it feels really good to be able to button your jacket and not worry about it blowing up. -(laughs) -go to golo.com to lose weight and get healthier. ready to turn your dreams into plans and your actions into achievements? explore over 75 programs and four-week classes at national university. your future starts today at nu.edu. when you have xfinity xfi, you have peace of mind built in at no extra cost. advanced security helps keep your family protected online. pause wifi whenever for ultimate control with the xfinity app. and family-safe browsing gives parents one less thing to worry about. security, control and peace of mind. with xfinity xfi, it's all built in at no extra cost. >> shannon: and now an update on a case we presented a few months ago on night court. 30-year-old spencer who was a naked baby photo on the classic 1991 album "never mind" with a lawsuit with sexual exploitation again dismissed by a federal judge. after his lawyers missed a deadline to respond to a motion for dismissal. ♪ ♪ time now for "night court." the royal caribbean cruise lines and contractor sold excursions to new zealand's white island. one of the world's most active volcanoes. in december 2019 it violently erupted killing 22 people and causing severe burn injuries to several royal caribbean passengers. now the cruise line is facing multiple lawsuits but royal caribbean says they advertise about an active volcano, passengers should understand the risk. here, from the podcast host ethan baron and civil rights attorney robert, great to see you both. >> thanks, shannon. >> hi, shannon appearance be when we start exhibit eight, the complaint and one of the people injured but survived. she says the volcano erupted 2:11 that day, the family with the 38 passengers and the crew member on the island, paul and krystal were killed but stephanie is a survivor with 70 7070% burns and the royal caribbean and selling tickets with passengers including the family into a false sense of security, robert. >> look, i would add cruise member or a gold card member and i am an avid volcano explorer. in nicaragua, close to rica, japan, but at the same time, this is a tragedy, but this is also assumption of the risk. you know advertised as an active volcano. indicating it might explode. when they got there, they saw the volcano was active and the tour guide took them around the signs and continued to keep going. they were apprised that this was a dangerous location. just as any other excursion, while you are venturing out into nature, you wavered letting you know you are assuming a risk. i wouldn't wish this on anybody, however, i don't think the liability traces away at the carnival. >> shannon: okay exhibit b, motion to dismiss by royal caribbean says the open and obvious risk of volcanic activity and related injury taken by passengers voluntarily with one of the world's most active volcanoes. the cruise line no duty to warn the plaintiffs of such open and obvious risk. do you connect this to robert's point? >> well, the supreme court ruled 1959 that there is reasonable care under the circumstances old by a shipowner to the passengers. there has been subsequent case law that shows when they sell these excursions, there is still liability potential there for the cruise line. what i think this case will hinge on is the fact new zealand authority raised the level, the danger level of this volcano to level 23 weeks prior and were the passengers notified of that increased risk that the volcano was going to explode again? so, while robert makes good points here, the key will turn on that. where they apprised of this new awareness of danger that the authorities have put out? >> shannon: yes, to that point the risk level being raised and i think there was earthquake activity too. robert, does that matter if those specific facts were not related to the passengers? >> i don't know that it was because we are assuming the cruise line, royal caribbean in this case, had on the vote or volcanologist on the vote to communicate this type of information. i think a lot of liability goes on the tour company who there locally would have the information. there was a lot of liability on officials in charge of quarantining off areas and not allowing people on those routes to those areas. you have to go a few weeks up with the cruise company being a little responsible. >> shannon: quick, final word to you, ethan. >> the courts have held that the cruise lines can be responsible when selling those tickets for the onshore excursion. so that is where that liability can come from here that was actually in the southern district of florida where that ruling came down ten years ago. spoon ethan and robert, thank you both very much. >> thanks, shannon. >> thanks, shannon. >> shannon: some good news before we say good night humble world war ii veteran getting along recognition, he said his father william rarely talked about his service in occupied germany or the sacrifices he's made but he went through his father's belongings and uncover the truth about how heroic his father truly was and that he hadn't been given some of the metals he actually had been awarded. so the army together with a group that works to make sure world war ii veterans get the recognition they deserve and work together but this family to see the metals formally awarded to him in a ceremony over the holidays. all of the world war veterans, we are thankful for them and the surface they have rendered to the country. it is wonderful to see that they were able to get awarded by the army and make sure that it was done. we will see you tomorrow, i am shannon bream my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ever notice how stiff clothes only pay for what you need. can feel rough on your skin? for softer clothes that are gentle on your skin, try downy free & gentle downy will soften your clothes without dyes or perfumes. the towel washed with downy is softer, and gentler on your skin. try downy free & gentle. your record label is taking off. but so is your sound engineer. 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 it's my 4:05 the-show-must-go-on migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes, without worrying if it's too late, or where i am. one dose can quickly stop my migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy. the anytime, anywhere migraine medicine. next. >> ♪ ♪ >> ♪ ♪ ♪ ♪ ♪ ♪ >> welcome to tucker carlson tonight. and all civilized people around the world, january 6th eve. tonight at midnight hours from now we will get the first of many and you'll remember the atrocities that took place one year ago at

Related Keywords

I Love You , America , Thanks To Jason Kraft , Jamie , Greg Gutfeld , Shannon Bream , Cases , Covid 19 , Breaking Tonight , Shannon Bream In Washington , Fox News Night , Taliban Controlling The Country , Guidance , Cdc , Message , Positive , Credibility Crisis , Pest , Students , Chicago , School , Dr , Senate , Thousands , Teachers Union Demand , Marc Siegel , Crime , Parents , Learning , Backlash , Day One , Manhattan District Attorney , Zero , One , Show , Look , Hate Crime , Crisis , Confidence , Felonies , Offer , Dan Springer , Riley , Testing , Number , Guidelines , Messaging , Issue , Map , 19 , People , Test , Confusion , Quarantine , Stay , Add , Ten , Five , Recommendations , Virus , Stance , Saying , Isolation , American Medical Association , Director , Example , Student , Flip Flop , Seven , Wall , Tests , Anything , Quarantine Guidance , Shortage , Difficulty , Nothing , Legions Guidance , Data , Lot , New York City Public Schools , Course , Science , They Hadn T , Fauci Don T , Definition , Terminology , Vaccination , Term , Much , Means , White House , News , Thing , Jobs , Impact , School Newspaper , Campus , Nights Covid , Yale University , 100 , Workers , Omicron , Rise , Rest , Macy S , Shortages , Have , Seating , Lack , Switching , Dining , Restaurants , Washington D C , Edge , Teachers , Measures , Safety , Pursing Learning , Place , Omicron Subsides , Fox News , Lori Lightfoot , Vote , Unfair Labor Practice , Complaint , Teachers Union , Impacting , 300000 , Surge , Union Members , Person Instruction , Public Health Office , 73 , Schools , Safe , Aren T , Outbreaks , Face Mask , Kids , Places , Advice , Answer , Decisions , Public Health Commission , District , Transmission , 100 Million , 00 Million , 91 , Union , Biden , School District , Person Learning , Opposition , Reason , Entirety , Yesterday , Children , Community Safe , Everywhere , Educators , Home , Classes , Posturing , Deal , Hostage , Contingency Plan , Negotiations , Anna , January 18th , 18 , New York City , Case Numbers , Hospitalizations , Hit , Spike , Many , Hi , Classroom , Laura Ingle , Lives , Center , Cane , Concern , City , Disease , 46000 , 1 8 Million , Patients , Governor , Illness , Emergency Workers , Hospitals , Door , Influx , Symptoms , Variant , Corner , Dreams , Loss , Hopes , Deja Vu , Word , Asking , Big Apple , Mayor , Numbers , Got Covid , Booster Shot , Precautions , Two , Part , Hospital , Health Officials , Ventilator , Booster Shots , Wonder , Yes , 80 , 75 , Court Filing , Boston Marathon , Life Sentence , Death Sentence , Covert Relief Payment Last June , 2015 , 400 , 1400 , 2020 , Plans , Response , Prison , Colorado , Health And Human Services Department Senior , Jack Caliber , Shannon Bream Team , Doctor , Individuals , Vaccinated , Fast Changing , Doses , Series , Workplace , Boosters , Restaurant , Wording , Way , Vaccine , Booster , Bad News , Omicron Variant Works , Matter , Problem , Choice , Measure , Severity , Will Linton Supreme Court , Mandates , Anybody Policing , Person To , Arguments , Government , Ron Klain , Side , Testing Still Wasn T Fixed , 26 , June 26 2020 , Administration , Isn T , Swabs , Earth , Thanks , Someone , Politics , Quote , Job , Language , Campaign , Pandemic , Network , Paul Manko , Operation Warp Speed , Some , Opportunity , Operation , Operation Warp Speed Type , Summer , Rescue Plan , 9 Trillion , 1 9 Trillion , Something , Officials , Holidays , Hysteria , Bit , Things , Emergency Rooms , Home Tests , Person , Sniffle Going , Cbs , 911 , Hands , Test 911 , Droves , Gunshot Wounds , Ambulance , Jack , First , Speed , Tas , Operation Snail , Somebody , Warning , Cough , Sneeze , E R , Point , Slew , Emergency Room , Frightened , Health Care Workers , Forest Mandate , Catching Covid , Unvaxxed , Medical Ethics Nyu , Life Insurance , Disability Insurance , Companies , Hospital Bill , Rate , Line , Drugs , Equal , Alcohol , Results , Obese , World , Australia , Authorities , Doing Shaming , Others , Camps , President , Communities , Vaxxed , Kind , Nasty Shaming Techniques , Ways , France , Society , Kamala Harris , Department Probe , Riots , Update , Capitol Hill , Reporting , Congressional Chad Pergram , The Hill , Capital , Merrick Garland , Intent , Investigation , Evening , American History , Charges , Actions , Officers , Vote Count , Who , January 6th , Insurrection , Last , Causes , Questions , Violence , Root , Aberration , 6 , Department , Tom Manger , Staffing , Issues , Norm , Realm , Capitol Police Chief , Lawmakers , Ted Hopkins , Counter Force , Riot , Security Upgrades , Thugs , Hopkins , Police , Windows , Attack , Doors , Democracy , Count , Mike Pence , Act , Votes , Transfer , Power , Mischief , Trump , Nancy Pelosi , House Speaker , Games , Truth , Republican , Matt Gaetz , Press Conference , Marjorie Taylor Greene , Candlelight Vigil Thursday , Videos , Stop , It Covid Testing Line , Friend , Animal , Liberty Mutual , Car Insurance , Wooo , Woooooo , Yeaa , 665 , 665 Dollars , Pay , Clothes , Liberty , Scent Boosters , Record , Turn , Tex , Hang On , Downy Unstopables , Laundry , Must , Detergent , Medicine Cabinet , Cold , It Shortens Colds , Cold Shortening Brand , Love Zicam , Unique Zinc Formula , Zifans , 1 , Woman , Swan , Germany , Destination , Onlooker , Bird , Residents , Picture , Salon , Water , Pier , Canal , Conditions , Fargo , North Dakota , Snow , Video , Morning Commute , Wind , Covers , Winter Weather , Traveling , Fear , Areas , Everything , Love It , Dog , Coat , Wins , Race , Nation S Capital , 10 , Covid Test , Florida , Driver , Waiting , Test Site , Turtle , Cars , Waiting In Line , Four , Work , Fireball , City Employee , Mate , Sky , Meteor , Phenomenon , Up , Ryan , Iowa , Afghans , Afghanistan , Withdrawal , On Social Media , Office , Responsibility , Darkest , Wants , Thomason , Border , Criticism , Migrants , Levels , Inflation , Foreign Policy Agendas , Top , 40 , Commandos , Military , 20000 , 120000 , Page , Evacuation , Group , Families , Veterans , Handling , Afghan Commandos , Interpreters , Taliban , Green Beret , Frustration , Social Media , Department Of Homeland Security , Hiding , Army , Soldier , American Forces , Weapons , Night Vision Goggles , Optics , Crosshairs , Troops , 25000 , Where In The World , War , Decision , Accountability , Lucas , 20 , Protesters , Residence , Fire , Demonstrations , Fuel Prices , Buildings , Head , Bank Operations , Palace , Unrest , Chaos , Tennis Player , Airport , Exemption , Australian Open , Covid Vaccination Requirements , Father , Humanity , Visa , Mother , Pope Francis , Who Adopt Pets Versus , The General Assembly , City Police , Parenthood , Laws , Reins , Form , Prosecutor , Importance , Crime Sores , Ideas , Treatment Plan , Insurance , Exam , At Aspendental Com , Step , Running , Meetings , Book Today , Walk In , Aspen Dental , Errands , 800 , Plan , Dream , Version , Planning , Advisor , Nm Com Thinkorswim , Northwestern Mutual , Td Ameritrade , Innovation , Perspective , Education , Interfaces , Charts , Trading , Trading Experience , Trading Platform , Orders , Style , Level , Support , Trade Desk , You Trade Forever , University Of Phoenix , Scholarship , Scholarships , Everyone , Opportunities , 3000 , 000 , Shipping Manager , Find Themself , Indeed Instant Match , Visit Indeed Com Hire Shannon , Candidates , Job Description , Crimes , Prison Sentences , Robberies , Eric Shawn , Announcement , Drug , Offenses , Weapon Possession , Details , Eric Adams , Alvin Bragg , Reversal , Law Enforcement Procedures , Progressive Manhattan District Attorney , Diversion , Critics , Criminals , Felony , Death , Bars , Fairness , Weapon , Task , Semiautomatic , Trespass Crimes , Police Unions , Storage , Criminal Justice , Resisting Arrest , Armed Robbery Arrests , Pass , Chances , Advocates , Bloodbath , Anyone , Criminal , Flight , Error , Congress , Jail , Food , Sentence , 48 , Incarceration , Increase , San Francisco , Democrats , Philadelphia , Los Angeles , D A , District Attorney Bragg , Professor , Hate Crime Author , Reaction , Lightning Round , Lock Up Guys , Memo , Guns , Stores , Robbers , Prosecutors , Businesses , New York Post , Risk , It , Harm , Armed Robbery , Injured , Victim , Misdemeanor , Larceny , Guys , Doing , Staff , Reverse , Broken Windows Policy , Letter , Cities , 1990 , Comet , Marijuana Possession , Outdoors , Smoking , Jumping , Point Decriminalizing Turnstile , Graffiti Vandalism , Won T Go Back , Let S Talk , 70 , 60 , Couldn T , Difference , Resistance , Locals , Opinion , Police Officer , Unions , Retail Worker , Reminder , Vaccinations , 90 , Will , The Union , Richmond , I 95 , 95 , 27 , Virginia , Catch , Glenn Youngkin , Businessman , Blame , Infrastructure , Fault , Factors , Yankee , Southern S Don T , Et Cetera , Case , Storm , Crews , Pilots , Wizard , Virginia On , T , Attention , Electric Cars , Happy New Year , Vice President , Information , Departures , Resignation , Tweet , Mike Emanuel , Last Night , String , Approval , Gaffes , Vp , Departure , Interest Groups , Office Of The Vice President , Revolving Door , Staffer , Executive Honor , Profile Departures , Evans , Congressional Black Caucus , Team , Ashley At Tian , Chief Spokesman Simone Sanders , Approval Number , Evidence , Usa Today , 32 , About , Infrastructure Law , Drivers , Poll , Hundreds , Tim Kaine , Northern Virginia , Tone Deaf , Interstate 95 , Middle , Heat , Six , Conversation , Congressman , Doesn T , Texas , Charge , State Department , Logistics , 201922 , Volcano , Cruise Line , Survivor , Cruise Excursion , Victims , Fun , New Zealand , Investments , Money Manager , Commissions , Night Court , Market , Views , Commission Products , Fiduciary , Jury , Judith , Money , Clients , Interest , Client , Fisher Investments , Yep , Hair , Gift , Announcer , Narrator , Gift Yourself , Holiday Season , Hair Solution , Hairclub Consultation , Oh My God , 2 , 3 , Jacket , Couch , Life , Program , Weight , Men , Laughs , Golo , Go To Golo Com , 50 , Programs , Achievements , National University , Nu Edu , Xfinity Xfi , Peace Of Mind , Family , Security , Cost , Xfinity , Family Safe Browsing , Control , Pause Wifi , Spencer , Never Mind , Photo , Baby , 1991 , 30 , Motion , Lawsuit , Exploitation , Judge , Deadline , Dismissal , Lawyers , Volcanoes , Royal Caribbean Cruise Lines , Excursions , Contractor , Burn Injuries , White Island , 22 , 2019 , December 2019 , Passengers , Lawsuits , Podcast Host , To Robert , Appearance , Ethan Baron And Civil Rights , Eight , Member , Stephanie , Burns , Crew , Island , Krystal , 38 , 7070 , 11 , Tickets , Sense , Cruise Member , Card , Assumption , Tragedy , Volcano Explorer , Avid , Nicaragua , Japan , Tour Guide , Location , Signs , Liability , Excursion , Anybody , Traces , Nature , Activity , Injury , Carnival , Okay Exhibit B , Plaintiffs , Duty , 1959 , Case Law , Care , Potential , Shipowner , Circumstances , Danger , Fact , Authority , 23 , Earthquake Activity , Points , Awareness , The Key , Risk Level , Facts , Volcanologist , Tour Company , Type , Courts , Cruise Company , Spoon Ethan , Routes , Quarantining Off Areas , Cruise Lines , Ruling , Southern District , Recognition , Veteran , Service , Night Humble World War Ii , Metals , Belongings , He Hadn T , World War Ii , World War Veterans , Ceremony , Surface , Downy , Skin , Dyes , Perfumes , Towel , Gentle , Sound Engineer , Record Label , Taking Off , Visit Indeed Com Hire , The Show Must Go On Migraine Medicine , Ubrelvy , Anywhere Migraine Strikes , 4 , 05 , Migraine , Dose , Pill , Tracks , Cause , Inhibitors , Nausea , Tiredness , Older Medicines , Cgrp Protein , Cyp3a4 , Side Effects , Cyp3 , Anywhere Migraine Medicine , Next , Tucker Carlson , Atrocities ,