Transcripts For FOXNEWS Americas Newsroom With Bill Hemmer

we'll hear from the vice president first and the president. i'm curious what you believe their message is going to be today and also then i want to ask you about all the questions that we still don't have answers to about what actually happened on january 6th. >> good morning. good morning, trace. you are looking live at statuary hall on capitol hill. a big moment speech for first the vice president and then the president and they will reflect back on january 6 one year ago. what happened inside the walls of the capitol. i think they are going to cast it in a way that's pretty stark at least the statements that they put out about these speeches ahead of time going right towards a threat to democracy. and then trying to pitch voting rights. democrats working on passing that voting rights bill at the same time as the president walks into the capitol. listen. we can all look back one year ago to a very dark day for america but also for the capitol specifically. dana, i was on with you when it all was happening and at first it did not -- we didn't have a full grasp of what it looked like inside until we started talking to lawmakers. the president and house speaker nancy pelosi walking in. i think this will be a big moment. go ahead. >> trace: it's interesting because as we watch the president walk in we haven't gotten the two-minute warning. i'm interested to get your take. dana and you have both touched on finding out what exactly went ob in there. 725 people have been charged in the capitol riot and merrick garland said the investigation will go on as long as necessary. i'm wondering if you see as more people are prosecuted will we see in your estimation more evidence, the thousands of hours of surveillance video, some of the records about some of these undercover sources. is that stuff going to be released at some point, bret? you would think, trace. but this is a long process. look at how many people have testified with the january 6th committee already. you have some 725 people charged from all 50 states. 300 witnesses. 50 subpoenas for the january 6 committees. 35,000 pages of documents. i will talk to the vice chair liz cheney on special report tonight. a lot of questions about the security situation. what was set up ahead of time that we really don't have all the answers to. a lot of hours of the videotape not released. they are projecting months of hearings and not an interim report in the summer and then a final report before the election in november. this could take quite some time. i don't think there will be a focus on that in this speech today. i think it will be a lot about reflecting back on january 6th. republicans will look at this and say things to touch on, protests around the country that caused billions of dollars in damage but this is a unique one in that january 6 was going after overturning the election. that wasn't going to happen. >> dana: one of the things they'll talk about today is the push for them to try to get the voting rights bill passed. passed the house and facing roadblocks in the senate. chuck schumer has suggested that they basically blow up the filibuster to get this particular bill passed. so far senators manchin and sinema are saying they are a no on that. but i think one of the things you will see is that the democrats want to run on this issue. maybe it will work for them in some places. i think part of this is also kicking this off. next week the president and vice president will fan out and go to atlanta to make sure that the president gets his voice heard in terms of voting rights. we know what happened in georgia when the two democratic senators for elected and changed everything for the senate. a two-minute warning. reflect on that for a moment, bret. >> the voting rights bill is in real trouble as it's written because senators manchin and sinema have made clear they don't want to change the 60-vote threshold for the filibuster. you start to hear some republicans say the electoral rights bill that may be a smaller change that clarifies the role of congress and the vice president that we saw vice president pence say he was certifying the election and that whole back and forth that somehow the vice president could overturn the results. they want to clarify that role even though most constitutional experts believe there was no overturn possibility that day. never was. and vice president pence did the right thing. >> trace: i want to read this to you. from the pool it's saying president biden, pelosi and schumer walked through at 8:56. he answered one shouted question how he is feeling about the day. he said he was praying we'll never have a day like this again. he also did not answer a shouted question on whether he holds former president trump personally responsible. do you think the former president will come up during today's speech or is he going to steer clear of that? >> i do, trace. i think the white house is forecasting that and i believe that you are going to hear some specific remarks from this president about what the former president did in their mind to stir the pot, if you will, and force eventually what happened. whether you believe that's true or not, i think it will be a part of this speech and the former president has canceled his news conference at mar-a-lago in palm beach at the advice of senator lindsey graham and others and we're probably not going to hear from the former president today. perhaps a statement at some point. you heard senator mcconnell in a statement that went out that he called it a dark day for congress and for democracy but also lambasted democrats for trying to tie all of this to the voting rights bill that is pending. >> dana: the first speaker we'll hear this morning is vice president kamala harris. the two-minute warning is past. one of the responsibilities she has in addition to the border is trying to get this voting rights legislation passed in the congress but there is also efforts across the country actually bret as we watch the vice president here she is walking up to the podium to speak there with the president. she will speak first and he will take the microphone and bret will be here to give analysis on the other side of these speeches at kamala harris walks into statuary hall and takes the podium. >> fellow americans, good morning. certain dates echo throughout history including dates that instantly remind all who have lived through them where they were and what they were doing when our democracy came under assault. occupy not only a place on our callender but a place in our collective memory. december 7th, 1941, september 11th, 2001, and january 6, 2021. on that day, i was not only vice president elect, i was also a united states senator. i was here at the capitol at a classified hearing with fellow members of the senate intelligence committee. hours later, the gates of the capitol were breached. i had left but my thoughts immediately turned not only to my colleagues, but to my staff who had been forced to seek refuge in our office converting filing cabinets into barricades. what the extremists who roamed the halls targeted was not only the lives of elected leaders, what they sought to degrade and destroy was not only a building, hallowed as it is. what they were assaulting were the institutions, the values, the ideals that generations of americans have marched, picketed, and shed blood to establish and defend. on january 6th we all saw what our nation would look like if the forces who seek to dismantle our democracy are successful. the lawlessness, the violence, the chaos. what was at stake then and now is the right to have our future decided the way the constitution prescribes it, by we, the people. all the people. we cannot let our future be decided by those bent on silencing our voices, overturning our votes, and peddling lies and misinformation. by some radical factions that may be newly resurgent but whose roots run old and deep. when i meet with young people they often ask about the state of our democracy, about january 6th. and what i tell them is january 6th reflects the dual nature of democracy. its fragility and its strength. you see, the strength of democracy is the rule of law. the strength of democracy is that everyone should be treated equally. elections should be free and fair. that corruption should be given no quarter. the strength of democracy is that it empowers the people. and the fragility of democracy is this, that if we are not vigilant, if we do not defend it, democracy simply will not stand. it will falter and fail. the violent assault that took place here, the very fact of how close we came to an election overturned, that reflects the fragility of democracy. yet the resolve i saw in our elected leaders when i returned to the senate chamber that night, their resolve not to yield but to certify the election, their loyalty not to party or person but to the constitution of the united states, that reflects its strength. and so, of course, does the heroism of the capitol police, the d.c. metropolitan police department, the national guard and other law enforcement officers who answered the call that day. including those who later succumbed to wounds both physical and invisible. our thoughts are with all of the families who have lost a loved one. you know, i wonder how will january 6th come to be remembered in the years ahead? will it be remembered as a moment that accelerated the unraveling of the oldest, racist democracy in the world? or a moment when we decided to secure and strengthen our democracy for generations to come. the american spirit is being tested. the answer to whether we will meet that test resides where it always has resided in our country, with you, the people. and the work ahead will not be easy. here in this very building a decision will be made about whether we uphold the right to vote and insure free and fair elections. let's be clear, we must pass voting rights bills that are now before the senate. and the american people must also do something more. we cannot sit on the sidelines. we must unite in defense of our democracy in order to form a more perfect union, establish justice, insure domestic tran qu*ilt, provide for the common defense, promote the general welfare, and secure blessings of liberty to ourselves and to our prosperity and posterity. that's the preamble of the constitution that president biden and i swore an oath to uphold and defend. and that is the enduring promise of the united states of america. my fellow americans, it is my honor to introduce a public servant with the character and fortitude to meet this moment. a leader whose life's work has been moving our nation toward that more perfect union, president joe biden. >> president biden: madam vice president, fellow americans, to state the obvious, one year ago today in this sacred place democracy was attacked, simply attacked. the will of the people was under assault. the constitution, our constitution, faced the gravest of threats. outnumbered in the face of a brutal attack, the capitol police, the d.c. metropolitan police department, the national guard, and other brave law enforcement officials saved the rule of law. our democracy held. we, the people, endured. we, the people, prevailed. for the first time in our history, a president had not just lost an election, he tried to prevent the peaceful transfer of power as a violent mob breached the capitol. but they failed. they failed. and on this day of remembrance we must make sure that such attack never, ever happens again. i'm speaking to you today from statuary hall, the united states capitol. this is where the house of representative met for 50 years in the decades leading up to the civil war. on this floor where young congressman from illinois abraham lincoln sat at desk 191. above him, above us, over that door leading into the rotunda there is a sculpture depicting cleo, the muse of history. in her hands an open book in which she records the events taking place in this chamber below. cleo stood watch over this hall one year ago today as she has for more than 200 years. she recorded what took place. the real history, the real facts, the real truth. the facts and the truth that vice president harris just shared and that you and i and the whole world saw with our own eyes. the bible tells us that we shall know the truth and the truth shall make us free. we shall know the truth. well, the god's truth about january 6, 2021. close your eyes, go back to that day. what do you see? rioters rampaging, waving for the first time inside this capitol confederate flag that symbolized the cause to destroy america, to rip us apart. even during the civil war that never, ever happened. but it happened here in 2021. what else do you see? a mob breaking windows, kicking in doors, breaching the capitol and the flags on poles being used as weapons as spears. a crowd that professes their loved for law enforcement assaulted those police officers, dragged them, sprayed them, stomped on them. over 140 police officers were injured. we all heard the police officers who were there that day testify to what happened. one officer called it, quote, a medieval battle. he was more afraid that day than he was fighting the war in iraq. they repeatedly asked since that day how dare anyone, anyone diminish, belittle or deny the hell they were put through. we saw with our own eyes rioters menace these halls threatening the life of the speaker of the house. literally erecting gallows to hang the vice president of the united states of america. what did we not see? we didn't see a former president who just rallied the mob to attack sitting in a private dining room off the oval office in the white house watching it all on television and doing nothing for hours. as police were assaulted, lives at risk, the nation's capitol under siege. this wasn't a group of tourists. this was an armed insurrection. they weren't looking to uphold the will of the people. they were looking to deny the will of the people. they were looking to uphold a free and fair election they were looking to overturn one. they weren't looking to save the cause of america, they were looking to subvert the constitution. this isn't about being bogged down in the past. this is about making sure the past isn't buried. that's the only way forward. that's what great nations do. they don't bury the truth, they face up to it. it's the truth, they face up to it. we are a great nation. my fellow americans, in life there is truth and tragically there are lies. lies conceived and spread for profit and power. we must be absolutely clear about what is true and what is a lie. and here is the truth. the former president of the united states of america created and spread a web of lies about the 2020 election. he has done so because he values power over principle. because he sees his own interest as more important than his country's interest, than america's interest. and because his bruised ego matters more to him than our democracy or our constitution, he can't accept he lost. even though that's what 93 united states senators, his own attorney general, his own vice president, governors and state officials in every battleground state have all said he lost. that's what 81 million of you did as you voted for a new way forward. he has done what no president in the history of this country has ever, ever done. he refused to accept the results of an election and the will of the american people. while some courageous men and women in the republican party are standing against it trying to upheeled the principle of that party too many others are transforming that party into something else. they seem no longer to want to be the party of lincoln, eisenhower, reagan, the bushes. whatever my other disagreements are with republicans who support the rule of law, i will always seek to work together with them. to find shared solutions where possible because we have a shared belief in democracy and anything is possible, anything. so at this moment we must decide what kind of nation are we going to be? are we going to be a nation that accepts political violence as a norm? are we going to be a nation where we allow partisan elected officials to overtoourn the legally expressed will of the people? or will we be a nation that lives not by the light of the truth but under the shadow of lies? we cannot allow ourselves to be that kind of nation. the way forward is to recognize the truth and to live by it. the big lie being told by the former president and many republicans who fear his wrath is that the insurrection in this country actually took place on election day november 3, 2020. think about that. is that what you thought? is that what you thought when you voted that day? taking part in an insurrection, is that what you thought you were doing? or did you think you were carrying out your highest duty in voting. former presidential supporters are trying to re write history. the riot that took place on january 6th as a true expression of the will of the people. can you think of a more twisted way to look at this country, to look at america? i cannot. here is the truth, the election of 2020 was the greatest demonstration of democracy in the history of this country. more of you voted in that election than had ever voted in all of american history. over 150 million americans went to the polls and voted that day. in a pandemic. some at great risk to their lives. they should be applauded not attacked. right now in state after state new laws are being written not to protect the vote, but to deny it. not only to suppress the vote, but to subvert it. not strengthen and protect our democracy but because the former president lost instead of looking at the election results from 2020 and saying they need new ideas or better ideas to win more votes. the former president and his supporters, the only way for them to win is to suppress your vote and subvert our elections. it's wrong. it's undemocratic, and frankly, it is unamerican. second big lie being told by the former president of the united states supporters the results of the election of 2020 can't be trusted. the truth is that no election, no election in american history has been more closely scrutinized or more carefully counted. every legal challenge questioning the results and every court in this country that could have been made was made and was rejected. often rejected by republican-appointed judges, including judges appointed by the former president himself from state courts to the united states supreme court. recounts were undertaken in state after state, georgia, georgia counted its results three times with one recount by hand. phony partisan audits were undertaken long after the election in several states. none changed the results. in some of them the irony is the margin of victory actually grew slightly. so let's speak plainly about what happened in 2020. even before the first ballot was cast, the former president was preemotion actively sewing doubt about the election results. he built his lie over months. wasn't based on any facts. he was just looking for an excuse, a pretext to cover for the truth. he is not just a former president, he is a defeated former president. defeated by a margin of over 7 million of your votes. in a full and free and fair election. there is simply zero proof the election results were inaccurate. in fact, in every venue where evidence had to be produced, an oath to tell the truth had to be taken the former president failed to make his case. just think about this. the former president and his supporters have never been able to explain how they accept as accurate the other election results that took place on november 3? elections for governor, united states senate, house of representatives. elections which they closed the gap. they challenged none of that. the president's name was first and then we went down the line. governors, senators, house of representatives. somehow those results are accurate on the same ballot but the presidential race was flawed? and on the same ballot, the same day cast by the same voters? the only difference the former president didn't lose those races, he just lost the one that was his own. finally the third big lie being told by a former president and his supporters that the mob who sought to impose their will through violence are the nation's true patriots. is that what you thought when you looked at the mob ransacking the capitol, destroying property, literally defecating in the hallways? going through the desks of senators and representative. hunting down members of congress. patriots? not in my view. to me the true patriots were the more than 150 americans who peacefully expressed their vote at the ballot box. the election workers who protected the integrity of the vote and the heroes who defended this capitol. you can't love your country only when you win. you can't obey the law only when it is convenient. you can't be patriotic when you embrace and enable lies. those who stormed this capitol and those who instigated and incited and called on them to do so held a dagger at the throat of american democracy. they didn't come here out of patriotism or principle. they came here in rage. not in service of america, but rather in service of one man. those who incited the mob, the real plotters who were desperate to deny the certification of this election, defy the will of the voters, but the mott was foiled. congressmen, democrats and republicans stayed. senators, representatives, staff, they finished their work the constitution demanded. they honored their oath to defend the constitution against all enemies foreign and domestic. look, folks, now it's up to all of us to we, the people, to stand for the rule of law. to preserve the flame of democracy, to keep the promise of america alive. the promise is at risk, targeted by the forces that value brute strength over the sanctity of democracy. fear over hope, personal gain over public good. make no mistake about it, we're living at an inflection point in history both at home and abroad. we're engaged anew in a struggle between democracy and ought october rasy, between aspirations of the many and the greed of the few. between the people's right of self-determination and self-seeking autocrat. when china, russia and beyond are betting democracy's days are numbered. they told me democracy is too slow, too bogged down by division to succeed in today's rapidly changing complicated world and they are betting america will become more like them and less like us. they are betting that america is a place for the dictator, the strong man. i do not believe that. that is not who we are. that is not who we have ever been and not who we should ever, ever be. our founding fathers, as imperfect as they were, set in motion an experiment that changed the world. literally changed the world. here in america the people would rule. power would be transferred peacefully, never at the tip of a spear for the barrel of a gun. they committed paper and idea they couldn't live up to but an idea that couldn't be constrained. yes, in america all people are created equal. if you succeed, i feel, if you get ahead, i fall behind, if i hold you down, i somehow lift myself up. former president who lies about this election and the mob that attacked the capitol could not be further away from the core american values. they want to rule or they will ruin. ruin what our country fought for. what were we fighting for? the right to vote. the right to govern ourselves. the right to determine our own destiny. but with rights come responsibilities. responsibility to see each other as neighbors. maybe we disagree with that neighbor but they aren't an adversary. responsibility to accept defeat, then get back into the arena and try the next time to make your case. responsibility to see that america is an idea. an idea that requires vigilant stewardship. as we stand here today, one year since january 6, 2021, the lies that drove the anger and madness we saw have not abated. so we have to be firm, resolute and unyielding in our defense of the right to vote and to have that vote counted. some have already made the ultimate sacrifice in this sacred effort. jill and i have mourned police officers twice in this rotunda in the wake of january 6. once to honor officer sicknick who lost his life and then the second time billy eveance who lost his life. the others who lost their lives and injured and everyone living with the trauma of that day and those defending this capitol to members of congress in both parties and their staffs, to reporters, cafeteria workers, custodians and their families. don't kid yourself, the pain and scars that day run deep. i said it many times and it is no more real than we think about the events of january 6th. we are in a battle for the soul of america. a battle that by the grace of god and the goodness and greatness of this nation we will win. believe me, i know how difficult democracy is. i'm crystal clear about the threats america faces. but i also know that our darkest days can lead to light and hope, from death and destruction as the vice president referenced to pearl harbor triumphed. from the brutality of bloody sunday on the edmond pettis bridge came voting rights legislation. let's step up, write the next chapter in american history. where january 6 marks not the end of democracy but the beginning of a renaissance of liberty and fair play. i did not seek this fight brought to this capitol one year ago today. but i will not shrink from it, either. i will stand in this breach. i will defend this nation. i will allow no one to place a dagger at the throat of democracy. we will make sure the will of the people is heard, that the ballot prevails, not violence. that authority in this nation will always be peacefully transferred. i believe the power of the presidency and the purpose is to unite this nation, not divide it. to lift us up, not tear us apart. to be about us, about us, not about me. deep in the heart of america burns a flame that almost 250 years ago of liberty, freedom, and equality. this is not a land of kings or dictators or autocrats. we're about order, not chaos, peace, not violence. here in america the people rule through the ballot and their will prevails. so let us remember together we're one nation under god indivisible. that today, tomorrow, and forever at our best we are the united states of america. god bless you all. may god protect our troops, and my god bless those who stand watch over our democracy. >> dana: president biden concluding his remarks on the anniversary of the january 6th attacks. we still have bret baier with us and trace gallagher. the president spoke for a bit over 20 minutes that followed the vice president's remarks in which she called for the passage of the voting rights bill that hangs in the senate. the president, though, his remarks were more pointed and quite political i would say, divisive in many ways. this is how he sees it, bret. everyone has a choice how they want to communicate, especially the president of the united states. what do you think about the approach and tone the president took today? >> it was as forceful, aggressive, pointed, specifically at the former president as we've seen in a speech from president biden since taking office january 20th of last year. saying that former president trump values power versus principle. talking about his bruised ego, about the situation with the election and all that he said about it. that he refused to accept the results of the election and the will of the american people. after that pointed take, i find it hard to believe that we aren't going to hear in some way, shape or form from former president trump. now, his supporters, the trump supporters will say that the president in that speech that day said you should march peacefully and patriotically to the capitol to make your voices heard. they will say that he spoke out against political violence and they will point to democrats who didn't step up to speak out about political violence around blm protests that turned into riots and raids around the country during that time. however, that day was different and i think you heard in the president's speech pointing to the time between the speech that former president trump gives and the time he comes out and makes a statement where he says he was watching tv and watching it all unfold. we just heard from stephanie grisham who testified to the january 6 committee he was watching, former president trump was watching the television that day and seemed in her words happy that people were fighting for him. i think there is hugely political speech but it was as aggressive as we've seen president biden since taking office. >> trace: you say aggressive. i wonder if your sense was he was trying to convey anger, was he trying to be resolute. he said the word truth many, many times. he said lies over and over again and as you correctly said in the going into this speech that he would talk about president trump, not only did he talk about the former president, it was the arc of his speech. and so i'm wondering if you think there will be some pushback by republicans throughout the day against this considering that kamala harris equated this with the attack on pearl harbor and 9/11. >> some of the linkages will be attacked by republicans but to be honest there are a lot of republicans on capitol hill who feel that day was horrific. and if you were in that capitol and you saw what happened, it felt differently than if you were on the outside and how it's been talked about. i do think the biggest image that everybody could take away from that day is the lawmakers who then came back and finished the job of certifying the election. and this whole thing about democracy hanging in the balance i think that proved that the country was going to move forward. the question was whether this is going to be enough to change the dynamic for something like a voting rights bill or change the dynamic for democrats. clearly they are going to use this and try to capitalize politically but that was the strongest president biden has been in a speech, very pointed. >> dana: he mostly has avoided talking about president trump. rarely mentions his name since he was inaugurated as president. and this today was very -- doesn't mention him by name but we can imagine if president trump was watching and i'm sure they would want to give a response. we'll bring it to you of course if it does. the other thing is bret they talk about choices and tones that you can make when you are a president of the united states. if your instinct is to escalate rather than de-escalate attention and division that's one way to go about it. and in some ways to me what i thought today the president missed an opportunity to talk about what you just said. which is our founding fathers were brilliant. they put together a constitution that is not perfect but has held together and from gratitude to the lawmakers when came back to the chamber after being quite shaken and i'm sure and their staff shaken up. they come back, do the right thing and joe biden is inaugurated and he is president and we as a councountry have mo on. we have a lot of challenges that we're dealing with but you could have talked about the strength of our system and right now it is very interesting there is an opportunity for the president and democrats to take the republicans up on an offer. mitch mcconnell brought this up. it would be to clarify the language in the electoral count act which isn't perfect and leads to a little speculation. if they were to allow that clarification that republicans are suggesting, that actually would help prevent a future president from ever trying to do something like that again. >> right. but it's not half a loaf. they believe just like they believe with just doing the infrastructure bill and not tying it to build back better, that it through the small change you don't have the big push to federalize a lot of these voting rights issues around the country and that's what is the battle inside the democratic party. yes, they could take this negotiated thing from mitch mcconnell on john thune talking about it and say let's make it clear the vice president can't overturn the will of states that have certified elections around the country. let's say what congress's role specifically is. most experts say constitutionally the founders were not planning on the overthrow in the certification process. but they aren't going to do that because they believe there is a bigger fight here to happen. i agree with you, dana, i think that just like the political experts that say former president trump should not focus on the 2020 election, i think that there are a number of people who say there was a choice here to be made whether president biden was going to stir that emotion and stir that pot or talk about getting things done together moving forward. he tried to cross that bridge but clearly is taking advantage of the situation. but making clear we shouldn't forget what happened on january 6th and it can't be accepted what happened on the capitol. >> trace: i'm curious, what happens next in your estimation? you've been covering this a long time. what's next? do we go over this again and again, or is this kind of the end of it and we move on? or do you think we'll hear about this in the weeks and months ahead again and again? >> i think we'll hear about it for a long time. i think the january 6th committee is going to continue to do a number of hearings. i have liz cheney on tonight and we'll talk about that. they'll do prime time hearings to try to get specifics out in the public. they are going to have an interim report in the summer and frankly democrats no that come november they are looking going to lose control of the house. if that happens the january 6 committee will come to an end. that's their deadline. >> dana: we have chad pergram as well. our amazing capitol hill reporter there that day and chad, one of the things you wrote about and i think we started the show talking about is there are so many questions about what happened in the lead-up to january 6th and on that day we still don't have answers to which seems quite implausible at this point. for example, why didn't the intelligence get to the capitol police officers? why weren't there enough police officers? why didn't the national guard come? were they told to stay back? the questions aren't answered a year later. >> that's one of the questions i have. they planned to be out planned and out manned. foreign terrorists would come to capitol hill. the weapons that were sheer numbers of people and ideology and what seemed so scary when i talked to people. the fact the u.s. capitol police did not have enough of a plan, the sergeant-at-arms on both sides have been fired and replaced. a new team in place. the u.s. capital police chief said yesterday the capitol he thought was safer. i talked to a number of republican sources in leadership and with key committee posts who think that is not necessarily the case because they said there has been a number of security recommendations made by the inspector general for the capitol police that haven't been implemented but already we're starting the hear from members thinking the president overly politicized. lindsey graham sent out a tweet calling it a brazen politization of january 6th. president biden was trying to put into context what happened in history. he talked about cleo. there is a statue in statuary hall. i talked about this on january 6th on bret's show last year, the muse of history and has a journal and looking over statuary halls, the old house chamber and writing down the day's events. i said that 1/6 was going to be one of the darkest entries in cleo's journal. what the president said, he must be absolutely clear about what is the truth and what is a lie. and when you talk to some members of congress on the republican side of the aisle, there are some of them who think that this was all made up. they support the former president. they aren't willing to take on the former president or they will tell you that in private. that's where they get this tension on capitol hill and there was always a toxicity on capitol hill. been here for a long time. it has risen to an even higher level now and probably some members on the republican side will question and maybe even some democrats whether or not the president, you know, might not have used this opportunity to bring down the temperature. but there are other whose will say this was really an opportunity that he seized to talk about truth, invoking cleo, the muse of history and say there are certain people not willing to accept the truth, dana >> trace: i would like to piggyback on dana's question if i could. you mentioned this, the readiness of capitol police. i talked to someone this week saying they are going in that direction getting ready but important to note there are some 500 capitol police officers short of what they should be and the question is if something like this were to happen again, how do you fill that gap? >> they have a quick reaction force now. they have better intelligence. that's something that is key. but as you say they are about 450 members short in the police force there and he said at the senate hearing yesterday that it would take 2 to 3 years to get up to speed. training has been slowed down due to the pandemic and why one recommendation, something he has talked about is bringing in security contractors on a temporary basis. the u.s. capitol police union fought back against it. we don't know if it will happen. overall the capitol does seem to have a better battle plan in place. but the one thing that is the intangible here, this is still a department that is reeling psychologically, physically, those wounds are deep on capitol hill. we saw even last april this had nothing to do with 1/6 but the fellow who rammed the barricade on the senate side and killed officer billy evans. it was remarkable. is this somebody with a grievance with government? that wasn't the case. they lost two officers there defending the building. the officers who died the day after and still an open murder investigation in that case. they have never been able to arrest somebody and charge them with murder in that case. that department is reeling and why these questions about congressional security continue to linger. >> dana: i want to bring bret back right before we take a quick break. bret, you have liz cheney on tonight, a republican congresswoman from wyoming taken on a huge amount of water after voting to impeach the president over this. she is on the committee and being primary in wyoming. she has a lot of information she can't difficult talk about yet. >> i'm going to ask the questions and a lot of holes as we've been talking about with the security and what we don't know. i want to wrap up these speeches. i don't think we've hit on it hard enough. the fact that the vice president conveyed that january 6, 2021 was like december 7th, 1941 and september 11th, 2001. even for some people who are going to condemn the attacks and the riot and will find that, i think, pretty hyperbolic and for 9/11 families maybe insulting. we may see that backlash. and the other thing is the president going specifically numerous times to defeated, beaten, talking about failed, lost. almost that he was trying to stir former president trump into saying something today and we'll see if that happens. >> dana: it certainly felt like it. good to have you with us during this hour. we appreciate your time. chad pergram, thank you as 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(mary) shhh (vo) and it's 50% off with your unlimited plan. verizon is going ultra, so you can too. for investors who can navigate this landscape, leveraging gold, a strategic and sustainable asset... the path is gilded with the potential for rich returns. >> dana: president biden left statuary hall and took questions from reporters. he was shouted a question did his remarks divide the country? let's listen to how he answered. >> president biden: look, i think we just have to face the facts of what happened. draw a clear picture for the american people. it is not about me. it is not about the vice president. it really isn't. that's the thing that bothers me most about this sort of attitude that seems to be emerging to some degree in american politics. it's not about you, it's about me. that's how it is viewed. but it is not about me. not about whether i'm president or she is vice president. it's about the system. about somebody who decides to put himself above everything. and so i did not want to turn it into a contemporary political battle between me and the president. it is way beyond that. it is way beyond that. >> does calling him out divide more than it heals, sir? you have talked so much about healing sir, healing this country. >> president biden: they have to have to heal you need to look at the extent of the wound. you can't pretend. this is serious stuff and a lot of people understandably want to go look, that was -- you know, i just as soon as not face it. you have to face it. that's what great nations do. they face the truth. deal with it and move on. >> mr. president -- you talked about protecting the right to vote -- >> dana: two questions straightaway from the mainstream media there. did your remarks divide the country? and he answered it saying we have to face truth if we are to be a great country. welcome to a brand-new hour of "america's newsroom," i'm dana perino. bill hemmer is off today. hi, trace. >> trace: i'm trace gallagher. the comments as the president left the capitol following his speech at the capitol. those remarks targeting the previous administration for the january 6th. >> president biden: because his bruised ego matters more to him than our democracy or our constitution. he can't accept he lost. even though that's what 93 united states senators, his own attorney general, his own vice president, governors and state officials in every battleground state have all said he lost. >> dana: that speech was about a little over 20 minutes. kamala harris tried to push for legislation to be passed by the u.s. senate to federalize u.s. elections. one of the things she is in charge of in addition to immigration and other things that the vice president was supposed to be leading on. >> trace: mitch mcconnell made it clear he is willing to look at the electoral count act and the way that congress certifies these elections but you have chuck schumer on the other said saying no, he doesn't want to play what he called small ball. they want more. they want voter -- voting reform. that is the big goal and that's where they believe this whole thing is headed. i believe they are girding for a fight on that front. >> dana: they are and probably end up the same way they ended up with build back better with sinema and manchin not willing to bust the filibuster. we have trey gowdy joining our coverage. let's go to david spunt live at the justice department to set us up. >> as of this exact moment the committee looking into the assault on the capitol one year ago today the committee has issued around 50 subpoenas. most honored those but expect many more. there is also a handful of people that have voluntarily agreed to provide information to the committee. the highest profile name at this point that has agreed to voluntarily give some of that information right there former donald trump press secretary stephanie grisham. she was on capitol hill last night and had direct access to the president and agreed to cooperate without a subpoena. grisham said walking out last night she fully cooperated when leaving the building last night. several big names have been subpoenaed and ignored them. including steve bannon who turned himself into the f.b.i. in wash in november after the department of justice charged him with contempt of congress. if convicted he could face a year behind bars. he is fighting the charge in court and it will go to trial next july. former white house chief of staff mark meadows is suing the committee. meadows has not been charged at this point by the department of justice. in addition to grisham the committee has asked the following to voluntarily appear. jim jordan and scott perry and fox news prime time host sean hannity. hannity's attorney said in a statement we're evaluating the letter from the committee and remain very concerned about the constitutional implications especially as it relates to the first amendment. we will respond as appropriate. meanwhile, dana, former president trump has asked the supreme court to block release of january 6th-related documents from his white house. the committee wants those documents. they want them badly. the house committee is asking the justices to decide within the next week or so if they will hear the trump documents case on a legal fast track. if the justices decline to hear that case it means those documents may be released to the committee. dana. >> dana: thank you for following all of that for us. let's bring m trey gowdy, host of a wonderful show everybody should watch sunday night in america. trey, one of the things that attorney general garland said yesterday is this will continue and they will follow all of the angles and that he understands that it is slow. there is some frustration, i think, from the left that it has taken this long but when you have this many cases and this much evidence, do you think that it is just about right? >> it probably is. obviously going to court slows things down, too. the department of justice has no control over the speed with which federal judges hear these challenges to subpoenas. so yeah, there is a political calendar. it helps the democrats for this to be discussed in november and beyond. but good investigations do sometimes take time. there is no statute of limitations on the truth. >> trace: trey, i go back if i can before we get into the whole investigation part and recognize what we just saw from president biden because we now have a response from president trump as he was leaving the speech the president was asked if his remarks about the former president divided the country. he said he did not want this to be a con taem prayer political battle between him and trump but he said you have to recognize the wound. now we get the first response from former president trump who said biden, who is destroying our nation with insane policies off p en borders, disastrous energy policies, unconstitutional mandates and devastating school closures used my name today to try to further divide america. this political theater is all just a distraction from the fact biden has completely and totally failed. it went on from there but your thoughts on what we're hearing so far. >> well, on this day exactly a year ago i heard a speech that some believe incited others to act and then i knew listening to biden's speech it was inciting or going to incite donald trump to respond. here is the good news, trace. this country is not going to be united because of some speech made by a president or former president. it will only be united when the people are sick and tired of the conflict. contrast is fine. conflict, it will be a bottom up unification, not be because of some speech made at mar-a-lago or statuary hall. >> dana: the editorial board headline. what we need to do one year after the january 6 capitol riots. what threatens america is to scrape the barrel of politics. it's time for politicians of all stripes to remember there is more that unites us than divides us and start acting like it. what you're saying it starts with us individually. >> right. we get for the most part the government we deserve. when you reward fame as the political virtue you get people who have no interest to legislate or doing their job, they just simply want to be famous. and you know, dana, i don't like relativism and duplicity. there are republicans who have voted both for and against contempt citations for the failure to produce documents. there are democrats who have voted both for and against. it depends whether or not they like the person who is being asked for the documents. eric holder, republicans could not wait to hold him in contempt of congress for not producing documents in fast and furious. somehow or another the analysis is different when someone supposed to be on our team also refuses the provide documents. if you have one set of rules, even if we don't like the rules, just one set and stop with this relativism and duplicity then i think the american people can say we can coalesce around that. >> dana: thank you so much for being with us today. >> thank you all. >> dana: we have a new topic here. cdc and american medical association butting heads over new isolation and testing guidelines with people infected with covid. we're live in atlanta with more. >> the president of the american medical association is criticizing the cdc for reducing the isolation period for persons infected with covid from 10 days to five days without requiring -- without requiring a negative covid test before they come out of isolation. instead the updated cdc guidance states if an individual has access to a test and wants to test the best approach is to use an antigen test toward the end of the five-day isolation period. ama president issued a statement saying the new recommendations on quarantine and isolation are not only confusing but risking further spread of the virus. cdc is recommending pfizer's booster shot for people ages 12 and up who received both primary doses of the pfizer vaccine more than five months ago. expanding access to boosters to additional age groups the agency does not include them in its criteria for being fully vaccinated and instead the cdc is referring to boosters as a way of keeping your vaccine protection up to date. >> recommending that individuals stay up to date with additional doses if they're eligible for and we have now available how you can stay up to date with your covid-19 vaccines based on what vaccine you have received and what age group you're in. >> earlier in the week we told you about an iau variant first detected in france made some headlines because they gave it a name, cdc confirms there is one case identified here in the u.s. but at this point the cdc and world health organization are not classifying this new variant as a variant of concern or even a variant of interest because it is only affecting a handful of patients globally and new variants are being detected constantly. this one apparently made headlines because it has a name. back to you. >> dana: if you want to keep it that's what i always say. thanks so much. >> trace: an annual tradition under both parties but not this time. ice failing to release its yearly report on illegal immigrants. is the biden administration trying to sweep the border crisis under the rug? we'll get reaction from tom homan coming up. plus showdown at the supreme court on the docket the biden administration's vaccine mandates. a closer look at what is at stake with louisiana attorney general jeff landry next. >> the federal government is supposed to be a government of limited powers and forcing the vaccination of 100 million americans isn't one of them. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. 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. with directv stream i 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[cheering] that was awesome. and, the hits won't quit, with peacock premium included at no additional cost. all that entertainment built in. xfinity. a way better way to watch. >> trace: travel troubles caused by covid and winter weather continuing for a 12th straight day. the airlines canceling more than 1400 flights already today as another storm sweeps across the midwest. senior correspondent casey stiegel live at dallas fort worth airport. >> as we have been reporting now this all started unraveling around christmas and since then the problems have persisted well into the new year. in fact, about 20,000 u.s. flights canceled since christmas eve. of course, that leads to long, long lines. people sleeping on the floors of airports. the silver lining, however, is that it is starting to unwind for context on monday more than 3,000 flights grounded in america. yesterday that number was around 1700. still high but not quite as high. mother nature, however, isn't letting up. additional problems expected the next several days as more snow and ice impacts the system. queue more frustration. >> flight at 1:00. delayed four times. >> rerouted to leave at 6:00. >> here at the airport since 9:00 p.m. >> sliets were limited. >> covid the other problem experiencing staffing shortages. many people calling in sick. it has left gaps in the schedule and that's an additional problem and why everything is such a mess. so of course be careful and call ahead to your airline, trace, to make sure everything is still on time. back to you. >> trace: be patient. casey stiegel live for us. >> dana: a moment of truth for vaccine mandates. supreme court is set to hear arguments tomorrow over whether president biden can force healthcare workers and large businesses to get their shots. the big question did the president and his administration overstep their authority? let's bring in louisiana attorney general jeff landri. i imagine you say so, yes. 14 states, pull up the map here that have joined from alabama and arizona all the way to utah and west virginia and louisiana you can see it there. what is at stake tomorrow morning in these arguments? >> >> i think what's at stake is really what direction this country goes from here. does the federal government have the breathth to tell american citizens what kind of choices when it comes to medical procedures. can the federal government force you into a medical procedure? that's what is at stake. if that's the case, then we are no longer sovereign individuals, we are basically sur*fs of the federal government and we end on a slippery slope. we hope the justices understand that. >> dana: one of the things that the opposing side that wants to keep the mandates said is an attorney call for number two allows unelected judges to decide there are certain questions they think are significant enough that they require a clear statement on that specific issue. i'm not sure what that means. what are they basically trying to say? >> look, it is pretty difficult to understand what the government is trying to do. it really is difficult to articulate when you are trying to step around or stop on the constitution and then try to say i'm on solid ground. i think that's what you are seeing in that confusing statement. certainly if congress wants to debate this issue and i think the senate actually did and voted to insure that vaccine mandates were not going to be part of something that the federal government would be able to do, then that's fine. but again, i think what's at stake here is can the federal government at all basically mandate vaccines on the american people? there are two very important cases and really what can happen friday is unprecedented. the court has never called us before them on a conference day on state motions. it will be very, very interesting. >> dana: one of the things we've been paying attention to this week because so much is at stake. so many people wanting to know especially if you are an employer what do you do at this point? the other thing that happened is a federal judge just ruled the biden administration cannot require teachers in a head start program to be vaccinated. here is a statement from the judge's ruling. if the executive branch is allowed to usurp the power of the legislative branch to make laws, the country is no longer a democracy but a monarchy. the makeup of the court do you think will take that into consideration? >> i sure hope they do. we have a number of justices that are constitutional constructionists. of course, this judge, this district judge you just quoted very eloquently pointed that out. his statement rings true to not only the head start case but both of the cases that are before the u.s. supreme court on friday. this is an executive that is completely out of sync with the constitution and the democracy of this country. again, states and individuals are sovereign. we should not have the government forcing us to do anything. >> dana: the white house has said it feels it is secure in the law and that they'll win tomorrow as the arguments are held. we'll pay attention to it and stay in touch with you, sir. thank you. >> we hope they are wrong. thank you. >> dana: thank you. >> trace: the biden administration allocated more than 100 billion to keep schools open during the pandemic. why do we see more and more classrooms going remote? and that issue is prompting a stand-off in chicago where students are missing class for a second straight day. former education secretary dr. bill bennett is here to react. okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ ♪ ♪ wii was not expecting to learn about my heart health from my genetic reports. but now that i have this info it feels like i can take even more control of my health. it's the most meaningful way to start the new year. now just $129. ♪ ♪ every year we try to exercise more, to be more social, to just relax. and eating healthy every single meal? if only it was this easy for us. veteran homeowners. you made a smart move when you bought your home. now make another one and turn your equity into cash with your va home loan benefit. the newday 100 va loan lets you borrow 100% of your home's value. upgrade the kitchen, add a pool for the grandkids, or have the security of cash in the bank. with today's high home values, turning equity into cash is a really smart move. >> dana: growing number of public schools are reverting to remote learning after the government allocated more than $100 billion to keep classrooms open during the pandemic. gillian turner has more from washington >> public schools have taken over $130 billion from the government. money intended to keep them open, running and serving students during the pandemic. a whole lot of those schools are once again shut erd anyway. let's dig into some of the numbers. chicago took 1.8 billion from the government. milwaukee $502 million. atlanta over 200 million and detroit almost 800 million. now all these schools are currently closed to students citing the omicron surge. president biden's first day in office he said the 130 billion he sent schools via his american rescue plan would allow them to reopen. not only are lots of recipient schools shutting down again. a daily wire investigation finds they've also been reallocating hundreds of millions of dollars of that money. for example, milwaukee earmarked 24 million for progressive causes including anti-racism and bias professional development. california earmarked 1.5 million for pet projects. restorative pros and bias training. white house insists they're fine with all of this. take a listen. >> we did distribute that money out to states as he noted yesterday. some have spent it, others have not. they've spent it in different ways. different schools made different decisions. >> the nation's most powerful teachers union is defending the closures this way. until the surge all public schools were open for in-person learning. we got it right for most of this current school year. with these closures come not just the loss of in-person learning but access for tens of millions of students to important federal programs like school breakfasts, lunch and after school learning. >> dana: don't forget recess. thank you. >> trace: for more on this let's bring in former secretary of education dr. bill bennett. great to see you. you look at gillian's report and say we spent $100 billion to keep schools open and we have some 4800 schools closed. the president wants them open. the secretary of education wants them open. health agencies want them open. blue state governors and mayors want them open and teachers unions are calling the shots. how did we get here, bill? >> yeah, so they say they want them open. they could do more to keep them open. this is terrible. by the way, once the money is sent it is gone. creative budgeting and they'll do at the local level what they want to do. the mistake is sending that large amount of money. but look, this disaster for parents and children. chicago those par interests heard about it at 11:00 at night. they have been for the last two years covid and with covid we have thought about protection of people and masks and so on and so on. the last people on the list we've cared about are the kids. the kids are way behind academically. we know they are way behind socially, we know about the problems that children are having. so this is terrible. if they really care mayors and governors and the president, they can do something about it. take the chicago public schools, trace. those teachers can be fired. now, there is a head of the chicago public schools as i understand illinois law, that head of the cps, chicago public schools can fire those teachers. mayor lightfoot has said they will cut salaries down and they will be missing a day's salary for every day they're off. i don't think that's sufficient action. this is a real strike against -- it is a strike against parents and children and they ought to pay for it. >> dana: the real clear politics i believe he is in chicago i believe he had been. he said fire them all. hire sub,s qualified parents step in. whatever it takes for harming kids. last night on the five i mentioned if i were president biden i would have given my speech in statuary hall this morning, flown on a plane and said this matters and talked to lori lightfoot. what he said in regards to january 6, today's anniversary and historical events in the past and get your take on what he said. here he is. >> president biden: i also know that our darkest days can lead to light and hope from the death and destruction as the vice president referenced in pearl harbor came to triumph over the forces of fascism. from the brutality of bloody sunday on the edmond pettis bridge came historic voting rights legislation. so now let's step up. write the next chapter in american history. >> dana: a teacher of history and your reflections on that. >> well, when i heard kamala harris first compare january 6th to 9/11 and pearl harbor, it's ridiculous. as ugly as january 6th was it doesn't rise to the level of those events in any way. all the more reason for teaching history and not critical race theory. you are right in what you said in your advice to the president. he should go. who is in charge? joe biden, or the teachers unions? >> dana: he could have taken -- i would have said to the vice president and to his wife dr. jill biden an educator and i would have gotten the secretary of education and taken secretary becerra, the secretary of health and human services nowhere to be found during the health crisis and i would have stood with her and said we've got your back and push them to do the right thing there. dr. bill bennett. you have allowed me to have a little soapbox. thank you for your time today. appreciate it. >> watch governor elect youngkin. that's the one to watch. >> dana: have a good day. the world's number one ranked men's tennis player is denied entry into australia after failing to meet the country's requirement to an exemption to covid-19 rules. he got an exemption. pending arrangements for a flight out of australia or legal -- >> trace: he was given an exemption and thought he was good to go and he is in australia. not a quick flight. they said when he got there sorry, you are not good enough. you are out. australia has some of the strictest lockdown measures, vaccination policies in the world and djokovic is now falling victim to them. >> dana: if you are one of the australians locked down in your house that they give a pass to djokovic. they had to rule on the side of rules are rules or there might have been an uprising. >> trace: meantime for the past 10 years ice has released an annual report before the end of the year. it did not in 2021. is the biden administration slow walking this? we'll take a closer look next. plus a juror in the ghislaine maxwell trial failed to disclose past abuse. how could it affect the outcome of the verdict? >> it was called for the question and not revealed by a juror then that juror was prejudiced and i think there is a fair opportunity for maxwell to have a mistrial declared. serena: it's my 3:10 no-exit-in-sight 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. serena: ask about ubrelvy. the anytime, anywhere migraine medicine. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> dana: ghislaine maxwell is calling for a new trail after a juror revealed he was a sexual abuse victim. maxwell's attorney claims the disclosure influenced other members of the jury to convict her of sex trafficking. the judge set a schedule for the defense and prosecution to file papers over that request. >> trace: immigration and customs enforcement for first time in a decade failed to release its report showing how many illegal immigrants were removed from the country during fiscal year 2021 under president's obama and trurm the agency released the report in the last weeks of the designated year. why the hold up? is the biden administration purposely dragging its feet. tom homan is former acting director of ice. you tell me, tom, why are they slow walking this thing? can't be good news if they are trying to hold it back. >> look, i was director and oversaw the division that put the statistics together every year. they have the final numbers by the third week of october. so i wouldn't call it slow walking it. they try to figure out how to spin the information. the data won't be good. if you look at the first half of the year, if you extrapolate that throughout the fiscal year total removals will be down 90%. 90%. they said they did all this to focus more on criminals. i think the report will show that removals of criminals is down 65%. if they send out an accurate report, which i doubt they will do, it will clearly show they may not have abolished ice but they abolished ice's mission. they can't do their job anymore. they are putting less handcuffs on criminals but they put the handcuffs of the officers and agents of ice because they can't do their job. >> trace: you know what you are talking about and somebody else john fear, former ice chief of staff. he said it is absolutely shocking that the release of the ice report hasn't happened. i assumeed at worse they would put it out new year's eve but even that didn't happen. i can't imagine the outcry if we had not produced this report under the trump administration. that's a fair assessment. can you imagine what the media would have said if this thing never came out under president trump? >> look, john fury worked for me when i was ice director and he has his thumb on the pulse. i can't wait for the report to come out. i'll tear it apart. i know how that report is put together. if we continue -- if they continue what they did the first six months they may have 65,000 to 70,000 total removals and in 2019 they had 267,000. even last year with covid running rampant they had 186,000 removals. to come out and say we have 65,000 removals, they can't spin that to make sense to the american people. this is open borders. i think many of the immigration advocates in the white house and at ice and department of homeland security will applaud this but have to explain to the american people why immigration enforcement has been abolished in this country. >> trace: they are figuring out a way to try to spin this? what is it? if the numbers are what you say they are how do you spin it if you're the administration? >> which is why it's taken months to come up with something. the same year that historic illegal immigration on the border. numbers of illegal immigration on the border was an all-time historic sigh. in the same year ice doesn't have the least amount of arrest removals in the history of the agency that itself should speak to what is actually happening. this report -- i think -- are they going to report the numbers the same way they did in past years? i think they will try to use different. they will see if they combine and try to make the numbers look better. the american people need to know what exactly is ice doing? two things they'll do. they'll say the border is out of control. a lot of ice agents had to be deployed to the southern border. you created that crisis. you can't blame the lack of work based on a crisis you intentionally created. they'll say title 42 a lot of people returned to mexico not given to ice. more people were returned under title 42 in fy20 by far than removed in fy21. that's what is taking so long. they can't figure a way to lie to the american people that will make sense. >> trace: i have to go, to*fm. is this in your estimation an admission that the administration's policies are not working very well? >> they'll never admit that. it will show the american people these policies are failing the american people. our border is less secure, this country is less safe because of biden's open border policies. >> trace: good to see you, sir, thank you. >> dana: trace, manhattan's new district attorney ignoring criticism about his new policies. how will they affect new york. a mafia fugitive on the run is finally captured. how technology helped to capture him next. veteran homeowners, newday wants to help you use your va home loan benefit to get more. more cash, more savings, more peace of mind. the newday 100 va loan lets you borrow up to 100% of your home's value. up to $60,000 or more. veterans are saving an average of $615 every month. with more ways to help more veteran families, no bank, no lender, no one knows veterans like newday usa. i may have moderate to severe rheumatoid arthritis. or psoriatic arthritis. but we are so much more. we're team players and artists. designers and do-it-yourselfers. parents and friends. if joint pain is getting in the way of who you are, it's time to talk to your doctor about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel. eligible patients may pay as little as $5 per month. when you're looking for answers, it's good to have help. because the right information, at the right time, may make all the difference. at humana, we know that's especially true when you're looking for a medicare supplement insurance plan. that's why we're offering "seven things every medicare supplement should have". it's yours free, just for calling the number on your screen. and when you call, a knowledgeable licensed agent-producer can answer any questions you have, and help you choose the plan that's right for you. the call is free, and there's no obligation. you see, medicare covers only about 80% of your part b medical expenses. the rest is up to you! that's why so many people purchase medicare supplement insurance plans like those offered by humana. they're designed to help you save money and pay some of the costs medicare doesn't. depending on the medicare supplement plan you select, you could have no deductibles or copayments for doctor visits, hospital stays, emergency care and more! you can keep the doctors you have now, ones you know and trust, with no referrals needed. plus you can get medical care anywhere in the country, even when you're traveling. with humana, you get a competitive monthly premium and personalized service from a healthcare partner working to make healthcare simpler and easier for you. you can choose from a wide range of standardized plans. each one is designed to work seamlessly with medicare, and help save you money. so how do you find the plan that's right for you? 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i haven't even called my family in 10 years. he was working as a chef. >> trace: google maps take a while to get into the system. he had been there for a while and stayed there and just by chance they went in and said okay, this guy has to be in the area somewhere and indeed he was. incredible. google maps is out there in case you are trying to escape. >> trace: the new district attorney in new york is ignoring backlash after announcing his office won't seek jail time for a number of offenses including resisting offense, beating and sex work. we're live with the latest. >> good morning. a lot of controversy here surrounding these proposed changes by the new d.a. in manhattan. some business owners and some people from law enforcement groups are saying that these changes could cause a huge spike in crime. d.a. bragg knows not everybody will be on board with these changes he is talking about but says whatever new york has been doing isn't working. the memo came out this week and caused a lot of controversy with it. according to that memo he was advising staff to not prosecute low level offenses and pursue lesser charges for drug offenses, burglaries and some store robberies. he said the changes will allow prosecutors to focus on violent crime. >> all agree it's a public safety issue, guns, sexual assault, human trafficking, that's why we need to use our incarceration system. >> this comes as we get our first look at newly released data from the state about arrests. the times union in an analysis of the data that came out recently found that of the near 100,000 cases in which people were released due to bail reform changes 4% were rearrested for violent felonies. 1% included a firearm. a third were rearrested. majority for miss demeanors and non-my vent felonies. the data doesn't give the full picture. no similar information to compare it to yet and say it's too early to see a direct correlation. >> no way to predict who will commit another crime and so we do everything we can to try to anticipate that. that's the whole function of bail and court review to review pre-trial detention. it is imperfect. >> supporters of bail reform say it creates a level playing field and want to see it move forward. opponents believe it just gives criminals a free pass. trace. >> trace: we're live in new york. thank you. i wanted to put this up because it is fascinating. the "new york post" alvin bragg's policies are a gift to the g.o.p. he says every republican candidate at every level for every office in the united states can and will cite bragg's memo as a vanguard document of the democratic party and with what's been happening around the country with these far-left prosecutors from george gascon to bodine it is amazing this is what happened in virginia that this is going forward and becomes a huge issue for democrats. >> dana: it's depressing as can be. eric shawn talked to alvin bragg yesterday. let's listen to how he says it in his own words. >> i challenge anyone to suggest what's going on right now is working. the system is reiff with racial disparity where we have increased gun violence and increased incarcerations. anyone's prescription or anything that's working. we've laid out a path to reduce incarceration, reduce violent crime, give people services, make neighborhoods safer get new york city back on its feet. it's the pathway to safety and justice. >> dana: all eyes will be on this situation and we'll see how the new mayor handles it as well. two lottery players are waking up as multi-millionaires this morning after winning powerball tickets were sold in wisconsin and sacramento, california. 6-14, 25, 33, 46 and powerball number 17. two winners split the $632 million jackpot. that's the seventh largest in powerball history which is amazing. before we go, trace, i had to show you this. >> you know the covid line is moving slow when the colonel is passing you. -- when the turtle is passing you. enjoy your covid test, turtle. >> dana: i don't know what we did without the videos before but i thought it was hilarious. a turtle moving faster than the covid line in florida. >> trace: breaking news coming in. we don't know if the turtle is covid positive because they had a pcr test and take a couple days to return. so that's -- >> dana: if he tests positive he could be positive for another 12 weeks. that's how the testing situation is going. >> trace: only five days to get out of quarantine. >> dana: a test if you want one or if you can find one. have a great afternoon. here is the "the faulkner focus". >> harris: we begin with a fox news alert. moments ago to mark one year since january 6th and the riots president biden chose to tell a politically divided nation that he blames the former president for the violence that unfolded on that day. did he miss an opportunity to bring people together by simply recognizing the violence and pain and leaving the politics out of it? i'm harris faulkner. he is hearing about it now. the president speaking a short while ago in the nation's capitol alon

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