work. good morning, mark. >> public school students are not going back to class today, city leaders and the teachers union escalate their fight over remote learning after voting to move to online after deciding the city didn't have strong enough protocol in place. it was rejected. now for a second day in a row classes are cancelled altogether. the union says they are trying to protect themselves. >> students and families are at risk, contracting the coronavirus. we've been failed by the mayor and public health office. >> todd: lightfoot says the union's moves are illegal and urges them to return to class quickly. parents say this dysfunction is having a huge impact on their families. >> our children need to be in school with masks, with social distancing, they are doing everything they can to keep kids safe in school. there is no reason for them to be at home. my kids are being held hostage at home. >> todd: biden administration insist schools, including chicago, have funding and protocol to stay open. even with the omicron cases surging in much of the country. >> we're more than equipped to keep schools open and keep our children and educators who selflessly serve the community safe, including schools everywhere, including chicago. >> todd: last year lawmakers approved $100 billion to help schools adapt. hearing from kevin mccarthy who says no reason kids should be staying home. put out statement that says society that sacrifices children is society that is jeopardizing its future. every k-12 student deserves access to in-person education. there are signs chicago schools may reopen tomorrow in limited capacity, we will see what today brings between the city and union officials. todd and ashley, back to you. >> ashley: president biden and vp harris will mark one year since the january 6 riot. it comes as merrick garland says doj has no higher priority than bringing those involved to justice. >> the justice department remains committed to holding all january 6 perpetrators at any level accountable under law,ing whether they were present that day or were otherwise criminally responsible for the assault on our democracy. we will follow the facts wherever they lead. >> ashley: garland says 725 people have been arrestd and charged with crimes related to the capitol riot. sean hannity says there are plenty issues that matter to american people. listen. >> democratss are obsessing over the january 6. this is another wreckless attempt to attack donald trump, his allies. their goal to purge donald trump from ever running for office again. where is the investigation into the 574 riots in summer of 2020 that democrats call peaceful protests or dozens of americans that were killed in the summer 2020 like david dorn or property damage due to arson that took place during peaceful protest and thousands of police officers injured, many severely, where is that committee? >> todd: our country is facing serious threats in the middle east. u.s. troops coming under attack by iranian back militias. it comes after the assassination of soleimani. alex joins us live. >> alex: it is part of a series we've seen that started on monday. three attacks took place yesterday in the middle east. iraqi bases that house u.s. forces saw attacks yesterday. one was in western anmar provence and the other in baghdad coming under fire. u.s. led coalition conducted several attempts to eshg eliminate launch sites known as green village. pentagon press secretary john kirby says there is notable threat there for american troops. >> my understanding is that the strikes were not air strikes, our men and women remain in harm's way and we have to take the thet seriously. we have the right of self-defense. >> ashley: in syria, eight rounds of fire landed inside base housing u.s. coalition. no casualties and minor damage. yesterdays's strikes are not the only recent attempts, two days prior armed drones were shot down. on tuesday, drones were aimed at an air base hosting u.s. forces and were heading for the airport. monday marked two years anniversary of general qassem soleimani death. his killing was through a drone strike ordered by then president donald trump. yesterday a group claimed responsibility saying it will not stop the attacks until it sees full withdrawal of u.s. troops. the pentagon says it has been anticipating and expecting these kind of attacks and started to ramp up defense and security at end of 2021 as result of what we're seeing happening this week. todd and ashley. >> todd: alex, thank you. did you hear this? one state is letting vaccinated covid positive healthcare workers treat patients after finding itself in a bind for firing healthy unvaccinated workers. we are talking to a worker being forced to sit on the sideline during the pandemic. >> ashley: this is awkward, white house chief of staff had a lot to say about access to covid testing under president trump and the posts are coming back to haunt him. ♪ ♪ limu emu and doug.♪ and it's easy to customize your insurance at libertymutual.com so you only pay for what you need. isn't that right limu? limu? limu? sorry, one sec. doug blows several different whistles. doug blows several different whistles. [a vulture squawks.] there he is. only pay for what you need. ♪liberty, liberty, liberty, liberty♪ shipstation saves us so much time it makes it really easy and seamless pick an order print everything you need slap the label on ito the box and it's ready to go our cost for shipping, were cut in half just like that go to shipstation/tv and get 2 months free moving is a handful. just like 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. >> todd: the cdc credibility crisis hitting fever pitch with latest round of covid isolation guidance, which we call confusing messaging. cdc put out following, the best approach is to usant gen test toward the end of the five-day period, but testing on day five is not required if someone does take a test and it comes back positive, they are advised to isolate for 10 days. >> ashley: clear as mud. after forcing out unvaccinated workers, rhode island is allowing vaccinated workers to return to work. joining me now is a registered nurse from rhode island hospital, kim thorough. kim, i want to read this from the department of health from rhode island. facility administrators should use clinical judgment in making staffing decisions. for example, a facility may opt for covid-19 positive worker to only care for covid-19 positive patients. what happened to the days, whether you're positive for covid in the hospital or not, what happened to days of you having what todd just read, having to sit out for x amount of days and make sure you are not contagious. this is confusing to me as i am to you as an unvaccinated worker and for patients at the hospitals. >> this is confusing. it is a very infectious disease, we can spread to patients and co-workers. you are putting people at risk by bringing workers that are covid positive when you have healthy unvaccinated workers sitting on the sideline and won't let them work. >> ashley: do you think this is discriminatory to you and others who lost their jobs october 1? >> i continuing is. we have always had a right to choose what we put in our body, whether the flu vaccine or if we want to vaccinate our children. we are told we have to take this new drug that has no long-term safety data. approval takes many years to make sure it is safe for the public. i am not an anti-vaxer, a lot of people misunderstand that. i believe vaccines save lives, this one is just not for me. >> ashley: that is your right as an american to think that way and everybody in the country should have that right. as far as from a patient standpoint, have you heard of pushback from this as far as patients or what do your friends that are perhaps vaccinated think about this? >> they think it is crazy that we're sitting out on the sideline, the unvaccinated. they are stressed and being put in situations in which they're at risk for getting covid from their counterparts. their counterparts aren't working at their best, so they have to pick up slack and they are running in different directions because they are short staffed. >> ashley: have you or anyone else on this leave, this unpaid leave, have you reached out to the health department to see if you could come back and help pick up the slack? as you said, i'm sure this is a lot on those workers. >> yeah, so we actually had religious exemptions, we went to the courts and had a judge mcelroy that the case was brought to for the religious exemption november 19th and we haven't heard back from her. we tried to talk to the governor of the state several times and he never shows. we've approached this many different direction with no result. >> ashley: such a strange time we live in, especially with the back and forth and guidance and lack thereof. kim, good luck to you and i hope there can be more, in my word, justice to you guys and also to the patients who have to be cared for by covid positive workers. kim theroux, thank you for telling your story, we appreciate it. >> ink that you, we just want to go back to work. >> ashley: i get it. todd. >> todd: we saw this crisis coming a mile away and here it is. time is 16 after the hour. could the nfl move the super bowl out of los angeles over the city's strict covid policy and where would they hold it instead? we have details, you don't want to miss. ♪ k-d i always dreamed of having kids of my own. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. hello, for the last few years, i've been a little obsessed at with chasing the big ou idaho potato truck.al but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. do you struggle to fall asleep and stay asleep? qunol sleep formula combines 5 key nutrients that can help you fall asleep faster, stay asleep longer, and wake up refreshed. the brand i trust is qunol. it's my woke-up-like-this migraine medicine. it's ubrelvy. one dose can quickly stop my migraine in its tracks within 2 hours. don't take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine. >> todd: an old tweet criticizing shortage of covid tests coming back to haunt white house chief of staff ron klain as the testing shortage rocks the nation. in june 2020 he tweeted "testing still isn't fixed, testing still isn't fixed, testing still isn't fixed. we are richest country and testing still isn't fixed, testing still isn't fixed" and announced they will buy tests after the president admitted his testing plan isn't enough. ashley, i'm pretty sure ron klain wants that back. keep in might beed, when ron klain wrote that tweet, it was june 2020, we didn't know a lot about koifd, we were in the early stages of the pandemic and the manufacturing focus was ppe, things like masks, gloves, wipe, things like that. ron klain is chief of staff for a white house that ran on promise of ending covid. how can this administration end covid when they can't get tests this far into the pandemic, especially when we knew christmas was coming. it comes every year, december 25th, it shouldn't have been a shock to the administration. people are going to gather and may want testing. this am prois of 500 million at-home tests eventually once we sign the contract, that is not a lot, that is not even two per household. i think ron klain stepped in here and wishes he had that one back in light of the way his administration has run covid so far. what say you? >> ashley: not only that, not only do we know christmas comess same time every year, for months leading up to thanksgiving and christmas, you heard people like dr. fauci and people at cdc talk about there could be potential surge. so it is not like they don't know that sicknesses of all kind spike in the winter months especially around travel periods. i feel like this is on repeat basically and we're almost two years into this, two years in for some places. this is not new news. they knew this was going to be a problem. they knew testing was a way to help combat this among other factors. i want to point out it is not just us at fox news talking about it. if we google test shortage, first thing on seep -- cnn, biden is marred by a testing shortage. we are in 2022 now, to see lines and look at this, this is insane. i personally know people who are immuno-compromised and they are standing outside, while they're sick, they are covid positive, jam-packed in lines. it doesn't matter if you are outside or not, you are jam-packed, you are sick, 65 or 70, standing outside for five hours to get a test, how did they not see this coming? >> todd: especially considering they ran on, we're going to be the adults in the room. everything is going to be straight-forward going forward. we will end of pandemic and you will know what you need to know about this virus. yet i read the script from the cdc going into your intro, i have no idea what the answer is. i am a trained lawyer to parse language and figure things out and i don't have a clue, how can the average american know what to do. you are on the street and get asked what do we do? you hear rochelle walensky and dr. fauci and they are not on the same page, it is absolute disaster, ashley. >> ashley: clear as mud. the party continues in florida for blue state democrats with congressman swalwell being the latest liberal lawmaker to go maskless in the mandate-free state. >> todd: joe concha here to weigh in. swalwell live necessary one of the most popular holiday destinations, liberal state of california. why would he fly his family across country to that horrible no-good conservative state of florida? >> joe: that is the thing if you are a congresswoman from new york, for example, you want to get out of new york in december and january because of ice and snow and cold and wind and so on. if i already am living in california and believe me, sands sand, la hoya, malibu, you have everything. if you want to take your kids to disney world, there is disneyland there. why go to florida? swalwell does that perhaps he can sit somewhere without a mask on, go into a restaurant without offering a vaccine card, maybe it feels like a vacation more in florida than in california and speaks volumes as far as democratic lawmaker after democratic lawmaker. gretchen whitmer said not to go to florida because of vaccine nonmandates. it is rule for thee, not for d's, standing for democrats. >> ashley: this was one of the ladies from "the view," whoopi golberg, she was stunned after she tested positive for covid. we will get your reaction on the other side. >> i've done everything i am supposed to do, it doesn't stop omicron, that is the problem with a variant, it gets stronger and does different stuff to you. >> ashley: two things. i don't want to take medical advice from whoopi golberg, can we stop calling this pandemic of the unvaccinated. if you don't realize this is affecting the vaccinated and unvaccinated, you have been living under a rock. >> todd: yeah and whoopi said this variant is stronger, the data shows it is weaker as far as ability to kill people or hospitalize people. it is more contagious than delta, but certainly not something stronger in terms of ability to make you sick. maybe whoopi took the president at his word when he told cnn town hall last year, "you are not going to get covid if you have vaccinations," and whoopi getting covid shows no person should claim again as mr. biden did again this virus can be stopped or contained. new york city, for example, remarkable number, they are averaging 40,000 positive cases per day despite the fact 85% of the city population received one dose of the vaccine, highly vaccinated city. 40,000 cases per day. do you know what new york was averaging a year ago when no one was vaccinated outside of healthcare worker? 7500 cases per day, six times less. this variant is highly contagious, we need to talk less about vaccine mandates and staying home and more about therapeutics and living with covid through treatment and going about our daily lives particularly when it comes to schools. i hope people in chicago are watching now. >> todd: sounds like somebody is married to a doctor. joe concha, thanks for being with us, give our best to your wife. >> joe: and don't drink coffee out of your -- >> todd: yeah, you got your tie. return to anarchy and lawlessness that is what officials say is next for the big apple new york city. d.a. tells his staff not to prosecute criminals. >> ashley: and talking to nicole malliotakis about what this means for her constituents next. ♪ ♪ feel stuck and need a loan? move to sofi and feel what it's like to get your money right. ♪ ♪ ♪ ♪ move to a sofi personal loan. earn $10 just for viewing your rate — and get your money right. ♪ psoriatic arthritis, made my joints stiff,... and...swollen, painful.t. emerge tremfyant®. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. 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. >> ashley: turning to america's crime crisis. new yorkers promised to crack down on lawlessness. the new manhattan d.a. will do the opposite. tony:ed >> todd: jackie ibanez has more. >> jackie: awell,vin bragg releasing a memo this week saying he will not seek jail time for most offensives and says he will seek diversion and alternative to incarceration. one former police commissioner is sounding the alarm on that. listen. >> he was elected to prosecute crime, not change the law. my advice to city of the people of new york, election right now. >> jackie: bragg is defending policy saying status quo of putting criminals in prison doesn't seem to work. >> what we're doing now doesn't work, plain and simple. this is our path forward, this is how we reduce violent crime. >> would these policies give criminals a green light? >> depends on your definition of criminal. >> the failing policy could own a big window for republicans. >> what is message from the left? the left says we will not let your kids go to school and let criminals roam the streets. you will see republicans run and win now that we see how radical the left is. >> ashley: in beverly hills, the democrat city council voting to recall george gasgone. a shocking spike in crime proves his soft on crime policy doesn't work and put the community in danger. -- was killed in front of her husband in their beverly hills mansion late last year. the killer is career criminal with record of violent crimes had not been properly rehabilitated. back to you guys. >> todd: horrible answer from him. jacky, thank you. bring in nicole malliotakis. great to see you congresswoman. will anybody benefit under this d.a.? >> nicole: this policy is going to empower those doing the wrong thing in our city and at times when we are trying to recover the city post build de blasio to see the new district of manhattan is someone who will not help us restore this city, bring people back to work, ensure we atrack more tourism and keep businesses here, it will do the exact opposite. to give the viewerss a sense of the policy in practice, this d.a. wanting to charge people who commit armed robbery with petty larceny, that is maximum of 25 years and bringing it down to 364 days. when you talk about drug dealing at time you have fentanyl killing the most -- the leading cause of death among 18 to 45 year olds, he wants to take drug dealing and charge with possession. what new york city will see is our city move toward portland, murder of chicago, smash and grabs of san francisco and i'm deeply concerned about this. what really getss me is that when a poll was taken among democrats in the city, they said public safety was their top priority and wanted government to focus on keeping the streets of new york city safe and you see 84% of the residents of manhattan vote for this district attorney who campaigned on this policy, he said he was going to do this. if we elect people like this in our city, bat man will not even be able to save gotham city. >> todd: that is the most mind-boggling, new mayor eric adams seems in lock step with this guy. take a listen. >> i believe that he's going to be a good district attorney and i'm going to sit down and have a conversation with him as we build out what we need to do around public safety. team public safety is not only handcuff, team public safety is also pipeline that turn people into career criminals. >> todd: congresswoman, what happened to tough on crime, plain clothes, cop-wielded eric adams? it hasn't even been a week. >> a lot of mixed messaging, democrats know the policies are not popular among the people. democratss said that in polling. what you are seeing, eric ark dams on the campaign trail saying he will restore plainclothes unit and fight with albany to fix the botched bail law and you hear this saying he agreess with a district attorney who says he is only going to put peep nel jail if they commit murder, rape or white-collar crimes. time will tell whether it was rhetoric, but i will continue to fight for the city to hold elected officials accountable and the governor has ability to remove the district attorney. if this d.a. enjoys the city, we have governor election next year. i hope people pay attention. she said she would revisit the bail law and yesterday we heard nothing about it. >> todd: congresswoman nicole malliotakis, i was hoping for a big apple comeback, i'm worried it doesn't happen now. ashley, over to you. >> ashley: and the u.s. postal service now warning the biden administration one policy will cripple the agency. cheryl casone has the last-minute plea on behalf of the american people next. ♪ [upbeat acoustic music throughout] 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. ♪ limu emu and doug.♪ and it's easy to customize your insurance at libertymutual.com so you only pay for what you need. isn't that right limu? 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[a vulture squawks.] there he is. only pay for what you need. ♪liberty, liberty, liberty, liberty♪ >> todd: so glad you are up, i assume you're dressed. we're gearing up on thursday, for "fox and friends." a former marine was jailed after demanding accountability from our officers who failed the country in the fall of kabul. lieutenant is able to speak again after getting honorably discharged. he'll talk to us live. this as president biden fails to deliver on his campaign trail promise to end the pandemic, get our kids back to school and parents back to work. and desantis will join us with his plan to secure thousands of tests for his state. they are not done yet. trump is booked, dr. nicole sapphire on the danger of omicron or lack there of and charles payne will talk about our economy and the big national quit thing going on now. can you imagine quitting your job? 4.5 million people did last month, how do we stop it? ashley and todd, back to you. >> ashley: we'll see you, thanks. u.s. postal service asking for a waiver from president biden's vaccine mandate. >> todd: the agency warning it could strain the supply chain crisis. cheryl casone with fox business joins us live with more. hi. >> cheryl: i answer to both, just to let you know. the 120-day waiver request in a letter from douglas tulano writes, we respectfully suggest the nation cannot afford additional harm engendered if the ability of the postal service to deliver mail and packages is significantly negatively impacted. the worry is combinination of vaccine mandates and illnesses from omicron. a spokeswoman saying the postal service is seeking temporary relief. i got to add, retailers, healthcare groups, they expressed worries with mandates on one side and potential of illness with the other. >> ashley: what is going on with the super bowl? >> cheryl: the super bowl is looking for a backup plan. sunday, february 13th in los angeles, according to the league, the league reached out. new covid situation in -- the league confirming the discussions but telling the outlet, part of our contingency process we conduct for all regular and post-season games, we contacted several clubs in the event we cannot play the super bowl due to unforeseen circumstances. of course this would be a blow to the city of los angeles, personally a fabulous win for cheryl casone, who is a huge cowboys fan and we did just clench the n.f.c. east. you are surrounded. >> todd: relax. you need to win the lottery to afford a ticket and two people did. >> cheryl: two winning powerball tickets sold in wisconsin and california. the jackpot has been growing the last few weeks. in california sold at 7-11 in sacramento and the other in wisconsin. this is seventh largest jackpot in powerball history. the odds of winning 1-292.2 million. you can't win if you don't play. >> todd: we've confirmed that fact with our sources, yeah. thank you very much. >> cheryl: you never know. >> todd: yeah, you get the lottery curse. somebody who is not cursed, just awesome in every way, shape and form besides cheryl casone is janice. i'm told tomorrow we could be getting snow here where i am. you will focus on today first. >> you know what, it will start today across the south with the nor'easter coming on friday. a lot of kids are excited, including mine. i promised them at least an inch of snow. cold air is in place. any moisture coming our way will be a snow event. we have eight degrees in chicago. 41 in new york, 37 in memphis. coldest air of the season has arrived as far as lubbock, texas. moisture could turn to snow. heavy rain and freezing rain layer and snow for parts of kentucky and tennessee, the mid-atlantic that got hit with snow earlier this week. here is our setup heading into tonight and friday. one thing with the storm system, it is a quick mover and will bring snow to certain locations. coastal new england will watch this. there is future track. around this time tomorrow morning, i think i will be outside on long island talking about the snowflakes falling and the latest thinking, in the mountains, we will get higher snowfall and in new england, we could hit the jackpot. new york city, one to four, maybe five inches of snow, the most we've seen this season. we'll watch this system across midsouth toward the mid-atlantic tonight and we have another big storm moving into the west and bringing quite a bit of snow. we've got blizzard warnings for the great state of montana. heavy snow and blowing snow. look at snowfall totals we've seen for the rockies. two feet with this last system. bottom line, it is active and we'll get a taste of winter in the northeast overnight tonight. if you are traveling in the morning, know there will be delays most certainly. bull's eye of the storm comes tomorrow morning. >> ashley: love the snow, hate driving in it. thank you. new york state being accused of violating the constitution by prioritizing covid treatment for people of color during a pandemic. the state is being sued. we will discuss that next. looking to get back in your type 2 diabetes zone? 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>> well, todd, new york state's position is that in general, if you come from a particular i racial or ethnic background, you have been so discriminated against in the past that you warrant present government benefits and present government discrimination against other groups allegedly weren't persecuted in the past or weren't prejudiced in the past. and it's absurd. it's ridiculous. it's every american, every viewer watching your show know he is today that is no difference between somebody without means or maybe who has underlying health risks, regardless of their skin color, regardless of where they are located in the state the proxy should be, the test should be who needs the care? who is at risk of being infected and having severe complications from covid and who needs the medicine. it's as simple as that. skin color should not play a role in that threshold determination of who gets care. >> todd: it seems like that should be instinctsial not just based on the law. everybody regardless of being a lawyer, should know that america first also just launched an online tool kit for federal workers who do not want to take the vaccine. about 40 seconds, what does that kit provide? >> todd, what we wanted to do was provide a cool kit for federal employees to be able to fight back against the biden administration vaccine mandate on their own. the facts are simple. the law does not empower president biden to issue a mandate of any kind related to a covid vaccine. but so there are hundreds of thousands of federal employees who have refused to be vaccinated. justifiably so. and this tool indicate will allow them to defend their rights on their own if they just go -- it's available at www.as legal.org. >> gene hamilton, we appreciate you coming on the program. thank you so much for your insight. we appreciate it let's deal back. in ashley, it was fun hanging out with you, my friend. ash ash you too, todd. >> todd: with that "fox & friends" starts now. ♪ ♪ >> there is no reason for them to be at home. my kids are being held hostage. >> our schools in chicago will close again as teachers refuse to return to in person learning. >> we have sacrificed our children at the altar of fear and power. >> the new manhattan district attorney al van bragg is facing green light. >> give criminals a green light. no -- it depends on your definition of criminals. >> this man is looking to create lawlessness and anarchy in new york city. >> kamala harris losing yet another aid. >> if she can't treat

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