president harris and congress. he said the former president bears singular responsibility. the vice president oddly used the ceremony to push for voting reform. >> president biden: for 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. the former president of the united states of america has created and spread a web of lies about the 2020 election because his bruised ego matters more to him than our democracy or our constitution. >> we all saw what our nation would look like if the forces who seek to dismantle our democracy are successful. >> harris: now the backlash for the white house going full hog politics. put former republican congressman trey gowdy and some republicans say it is time to bury the divisiveness. >> this country is not going to be united because of some speech of made by a president and former president but only when people are sick and tired of the conflict. one set of rules. if you have one set of rules even if we don't like the rules just one set and stop with the relativism and this duplicity then i think a american people say we can coalesce around that. >> harris: fox news contributor and former white house press secretary ari fleischer is in "focus." we'll beginning with congressional correspondent aishah hosni on capitol hill. >> good morning to you, harris. political fighting continues. it didn't take long. just minutes after president biden took shots at former president trump, former president trump put out his own response writing this. biden, who is destroying our nation with insane policies of open borders, corrupt elections, 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 for the fact biden has completely and totally failed. this is a very divided capitol today, harris. republicans are saying democrats are trying to lobby for their voting rights legislation after their build back better legislation died over the holidays. the president and vice president made sure to emphasize voting rights in their speeches about january 6th today. >> president biden: 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. where january 6 marks not the end of democracy but the beginning of a renaissance of liberty and fair play. >> that's the messaging. senate majority leader chuck schumer wants a vote to change the filibuster threshold in order to bypass a gop blockade on voting rights. he is warning that if congress doesn't act january 6th could be the norm. critics believe democrats are trying to nationalize the elections. meanwhile yesterday house republican conference chairwoman stefanik took a shot at speaker pelosi's january 6th committee saying the speaker of the house oversees the sergeant-at-arms who has refused to turn over documents and communications related to january 6th. the fact is that nancy pelosi bears responsibility as speaker of the house for leaving the capitol so vulnerable despite multiple warnings and requests and now she is responsible for the cover-up of that fact. that committee by the way has been struggling big time to get any trump allies to testify. they were, however, able to have a private conversation with former white house press secretary stephanie grisham yesterday. they do expect to release their preliminary report sometime this summer. again, a capitol truly divided today. harris. >> harris: thank you very much. so we showed you moments ago the vice president and the president of the united states and how they decided to pull politics into today, january 6th, one year later. this seemed to stand out. >> certain dates echo throughout history when our democracy came under assault. days that occupy not only a place on our calendars, but a place in our collective memory. december 7th, 1941. september 11th, 2001. and january 6th, 2021. >> harris: as you might imagine that is getting pushback. she compared the capitol riot that sadly resulted in five deaths. pearl harbor 2,403. september 11th 2,296. americans perished. ari fleischer fox news contributor former white house press secretary and he was in the white house when one of those events happened. ari, your response to what we've heard from the white house today. >> a couple of things. let me start with kamala harris. leave it to her to lose the high ground that she could hold on a day like today to engage in something absurd and ridiculous to compare january 6 to either of those days where america was attacked and we went to war with a foreign country over it. it's a ridiculous comparison. let me also make clear there is nothing i will ever do or say to defend in any way that mob that attacked the united states police -- capitol police that breached the barriers and entered the capitol and rioted inside the capitol. there is nothing anybody certainly i will never say to defend them in any way, shape or form. what they did was a low moment in american history and deserve to be prosecuted for it. they are getting trespass prosecutions, a few more severe than that. no insurrection prosecutions because it wasn't that. it was a low moment and should be denounced by one and all. >> harris: the "wall street journal" today editorial board argues that democracy is not in fact dying. despite democrat claims otherwise quote america's democratic institutions held up under pressure and held in states with in which republicans certified elector y'all votes despite mr. trump's complaint and held in the courts of judge's claims that lacked enough evidence. democrats grudgingly admit these facts but say it was close run thing. it wasn't. it was a near unanimous decision against mr. trump's electoral claims. what is the argument here? and where are we really on this day, ari? >> harris and biden could have had a better day if they had gone out and celebrated america's constitutional strength. that's what you alluded to, harris. that's what january 6th also showed. our system held. the constitution prevailed. the votes of the people in the 50 states and the district of columbia to elect a president of the united states were honored. that's what happened on that day when members of congress came back to the capitol that very night and voted to affirm the results of the election whether it was controversial or not, the system held and prevailed. but when all you want to do is blame everything on the political opponent you have and that's all you've done for years and years, that's what you do. you come out and lower yourself on a day like today and attack. i also want to make clear, harris, i was there in 2000 when democrats objected to the certification of george bush east election and there in 2004 when democrats objected to the election of george bush's reelection in 2005. 2017 how many democrats objected to donald trump's election? and they never let it go. they continued the try to delegitimize trump not through violence but other means equally insidious. hillary clinton said donald trump was an illegitimate president. jimmy carter, a former president said donald trump was an illegitimate president. this is what trey gowdy was getting to about one rule and it's so important. if you treat one side like that and the media says it's legitimate. go after bush and go after trump, but then they say it is absolutely wrong to object to anything involving joe biden's election in 2020 you will upset one side of the debate because you aren't being fair. this is part of the problem of our politics today. we don't have one set of rules that everybody obeys. i'll do my best to follow the one set of rules and call people out on it. i wish everybody else would. >> harris: what we saw on full display today also critics are saying was is this another pivot the administration can do where it's failing on covid and inflation and in that lane. that will have to be a question because we can't ask the president if that was his intent and let him rebut it. we'll see if he would ever take that. i want to get to this. i mentioned at the top of the hour as a nation we have felt pain and we've watched not just that riot that day, though. we've seen a lot of destruction in this country since 2020 and no one really talks about that in certain areas. i don't know if the democrats are talking about it today but i can tell you that for people of color and for poor people and for people who had dreams in their small businesses from every ilk and race and whatever it was who lived in certain american cities run by democrats mostly, they had them torn down during rioting and some democrats thought they shouldn't be treated like criminals some of the rioters. a tweet from greg price, a conservative analyst, read this way. tell me more about the ptsd you feel from january 6th when there are people out there who literally had their entire neighborhoods burned down in the summer of 2020 and riots shrugged off mostly as peaceful. he is referencing minneapolis after the killing of george floyd where people lived in fear for months as the city burned night after night. but it spread from there, portland, seattle, autonomous zones and businesses, people's livelihoods were crushed. those were important days, too, ari. >> this is where if we had one rule and we all honored the one rule which is you cannot engage in violence no matter how meritorious you think your cause is and we would equally condemn. people who attacked the capitol and attacked the police alongside the people who rioted and looted and burnt down the 10th precinct in minneapolis who occupied portland, who occupied seattle, who continue to attack the ice station in portland. the occupy that with the permission of the local government, the city government there who did nothing to help the federal authorities protect a federal building. all of this is bad behavior, wrong behavior and all needs to be condemned. these are extreme radicals that need to be prosecuted but all we hear about is january 6th. we should hear about it. it was wrong. but what about the rest of it? i'm for one rule and one set of rules. that's where we are as a majority and where we should be. >> harris: there were democrats in the mix in all of this, too, who said things they shouldn't. maxine waters, congressman, a sitting congresswoman in the middle of a media scrum flies to the place where some of this is happening and says incendiary remarks. we've been together on this journey. i'm just saying as you put it much more eloquently we need to face it all together not just the bits and pieces that are politically prolific for some. good to see you today. classes are canceled for a second day in chicago, illinois. as the teachers and the families in that city are at odds. the city is caught in the middle apparently. what will it do? things are very different in arizona. governor doug ducey is getting some imagine or props for it, too. he may just have the kryptonite for those teachers unions. he is in "focus" next. >> the original consequence puts the public and new york city detectives and police officers in danger. it is not going the work and people in the city are going to suffer. >> harris: critics warning of more crime in new york city as a new district attorney announced will not prosecute criminals for a slew of crime. some calling it a political gift to republicans. power panel debates. stay close. ♪♪♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 2 system. with a painless, one-second scan i know my glucose numbers without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. take 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chicago teachers union is now up against mayor lori lightfoot who is now considering legal action against what she calls an illegal strike. the union for the nation's third largest school district is leaving hundreds of thousands of children and their families in limbo once again. teachers skip class for a straight second day. the city's school district, white house and health officials all with a resounding chorus kids need to be in school. former cdc director robert redfield with this. >> it is so important to keep our schools open to face-to-face learning. i've said this before, we can do it in a safe and responsible way. reality is school is probably the safest place for these students to be. so i don't think their decision really is grounded in science. i don't think it is grounded in our knowledge of what the situation is. >> harris: garrett tenney live in chicago. garrett. >> the negotiations are expected to pick back up this afternoon and what tomorrow looks like is still up in the air. but one encouraging sign the district said yesterday 10% of teachers showed up for classes in defiance of the union's vote to stay home. the head of chicago's schools says because of that, they are hoping a handful of schools may have enough staff to open for in-person classes on friday while the district works on putting together remote learning plans for next week in case this stand-off continues. last night mayor lori lightfoot blasted the union and said she won't except anything less than kids being back in the classroom. >> if you care about our students, if you care about their families, as we do, we will not relent. enough is enough. we are standing firm and we are going to fight to get our kids back to in-person learning. period full stop. >> strong words from mayor lightfoot there. so far not a lot of strong action to back it up. at least anything that forced the union to return. the city has filed an unfair labor practices complaint. teachers who don't show up to schools won't be paid. the mayor is looking at taking legal action over what is calling an illegal strike. negotiations do appear to have made some progress and right now there isn't a huge gap between what the two sides are offering. to a degree right now as both sides have said this stand-off is to a degree more about politics and power struggle than it is about data and science. this is now the second time in a year that chicago students have been kept home as a result of the union refusing to show up for classes with kids getting caught in this power struggle between the mayor and the union. harris. >> harris: it is not a matter of just the degree. that's exactly what's happening. i've had everybody from former hhs assistant secretary to doctors here in new york treating patients after patient saying look, the science is not there for having the kids out of the classroom. when i say treating the patients, they are treating them for mental health issues because our kids need that support and connectivity with each other. garrett, thank you. the "wall street journal" editorial board is weighing in now. it says the political scandal of the year is unfolding in plain sight in chicago where the teachers union has effectively shut down the public schools. will this finally cause president biden to speak up for kids? he said they need to be in school. so there is that part of the story. but what people may be looking for next will he say something about the teachers unions now? arizona governor doug ducey is showing the way. governor announced a statewide program that offers parents $7,000 in education-related aid if their child's public school shuts down, even for a day. governor ducey is in focus now. good to see you today. this has been ground shaking and i would imagine you have gotten other governors to take a look at what you are doing, too. where did this come from? >> thank you, harris, arizona children are in school, arizona kids are going to stay in their classroom. and we are not going to let the union thugs play chicago-like games in arizona. so when they made that threat and they reached out to try to shut down our schools, we are going to give our parents the financial flexibility to take their child to the school of their choice if a school shuts down for even one day. so we want to empower our families. we want to empower our students. not these systems that have been hurting our kids and you hit the nail on the head when you talked about mental health issues and unintended consequences. we need to get our kids caught up and need to keep them back in the classroom and need to support these families. >> harris: i love the way you put that getting them caught up. for those of us who are parents and watched a little bit of the degrade, that's part of their self-esteem to keep up and to do well. you understand that. >> too much focus on masks, not enough focus on math. let's stop talking about the restrictions and start focusing on reading and writing and american civics. let's get the kids together in the classroom. the socialization that happens, sports, athletics along with academic learning. >> harris: back to chicago now and the parents raising concerns about what this is doing to their kids and their families because it is a balancing act. >> they say in-person school is safe and should be prioritized. the chicago teachers union will never -- >> our children need to be in school with masks, with social distancing, they're doing everything they can to keep these kids safe in school. there is no reason for them to be at home. my kids are being held hostage at home. >> harris: it's interesting. you hear the words power and prepared. they are doing all of those things and still keeping the kids out. >> the unions continue to play games. these are the folks that have been saying for the last two years to follow the science. all the scientists say the kids should be back in school. the secretary of education says kids should be back in school along with president biden. let's get our kids back in schools. let's quit playing these games and god bless the 10% of teachers in chicago that showed up voluntarily yesterday. let's get our good teachers back in the classroom. let's support them, our kids and our families and let's get our kids caught up. >> harris: an excellent point about those who volunteered. i'm calling what you are doing the kryptonite to the teachers union. keep us posted whether you hear back for them after it starts to roll out. governor doug ducey of the great state of arizona with us today. the cdc rapidly is firing off updates and changes to their covid guidelines. we know the situation medically is fluid, right? critics say it is all creating a mess of confusion and conflict. plus the white house says president biden thinks he needs more down time. he wants to spend some time thinking. he doesn't have that kind of time, he said. despite spending most of his weekend at one of his delaware homes. will cain in "focus" next. >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ veteran homeowners- have you been spending more time at home? imagining the possibilities? like a bigger kitchen, a swimming pool for the grandkids, or a backyard deck. your va home loan benefit and the newday 100 va loan make it possible. by borrowing up to 100% of your home's value you can take out up to $60,000 or more. with home values at all time highs, now's the time to call. >> harris: critics are calling out the cdc for confusing and conflicting covid guidance. "the washington examiner" says the cdc has lost all credibility. the white house is standing by the agency. >> the cdc is led by data and science. and again if they hadn't changed their recommendations over the course of time schools will probably be closed across the ton cree. the difference from the last administration. we're not driving our decision making on how we're addressing the pandemic through messaging or through political concerns. >> harris: jackie heinrich live at the white house. >> they are defending the cdc admit criticism its new post infection testing guidelines are confusing saying the president has full confidence in his medical team of experts at the cdc. this as the director walensky denies a nationwide testing shortage influenced the agency's decision not to include a testing component in the revised quarantine guidance. days earlier she made the case testing after isolation is unnecessary because the tests don't reliably measure whether a person is contagious. yet the cdc last month relied on testing in other policies it announced. like the test to stay program to keep kids exposed to covid in school. also the policy to allow sick healthcare workers to return to work. yet another policy the cdc later revised. the white house insists cdc is following the science. >> is the cdc still led by science and not by other factors in determining its policies? >> jackie, the cdc is absolutely led by data and science. and again if they hadn't changed their recommendations over the course of time, schools would probably be closed across the country. >> even walensky admitted in a time interview published yesterday the cdc formed its policies by taking into account issues like keeping the workforce operational writing it was becoming clear from the healthcare system we would have people positive by asymptomatic and not able to work. a harbinger of what would come in all other essential functions of society. that followed her earlier comments that reducing the quarantine time from 10 days to five was based partly on quote what people would tolerate. the latest developments from the cdc there are no plans to change the definition of fully vaccinated to include a booster shot. that despite a month's long campaign to promote them and data showing the omicron variant evades the primary series of two shots, harris. >> harris: you made it make sense. thank you, jackie. it's not just the cdc taking heat and nasty tweets from white house chief of staff ron klain but it dates back to june 2020 and it did not age well. here it is. testing still isn't fixed. testing still isn't fixed. testing still isn't fixed. we are the richest country on earth and we don't have enough swabs. testing still isn't fixed. oh my gosh like a song. those were his words. now nearly 18 months later still isn't fixed >> president biden: we went to almost 200 million in december but it is not enough. clearly not enough. if we had known, we would have gone harder quicker if we could have. >> harris: but they did know. they knew they needed to be putting pressure on those production companies to make sure we had enough going into winter with or without omicron. will cain is in "focus" now. >> testing still isn't fixed. we're the richest country in the world and testing still isn't fixed. >> harris: it is not funny but it is like a song. that tweet is unreal. >> funny in the way irony is funny. the truth is the biden administration by their own standard and estimation is a failure. they have failed their own standards. joe biden said quite clearly on numerous occasions i'll shut down this virus. there were more deaths under biden than trump. that's a failure of shutting down the virus. you just read the incredibly ironic tweet from ron klain that testing still isn't fixed. not fixed by their own standard they have failed. add insult to injury we're burning up tests on the standard of failed tests we're burning up tests on young people, healthy people, elementary school kids and college kids. people that need testing the least. cnn pundits horde tests. the people that really need it, the elderly, are the ones who they have failed. >> harris: you had a sharp tongue there for cnn and not untrue. press secretary jen psaki was pressed yesterday about pressure on the unvaccinated. let's watch. >> why hasn't the president focused more on scolding the unvac nailted to try to tell them this is not working for society? >> our objective has been to continue to convey to the american people the fact that getting vaccinated will help protect them from hospitalization, from death. it will help protect their loved ones and we have had a great deal of success in that. >> harris: some would argue the president is doing just that with the administration's gloom and doom messaging. here is a tape. >> president biden: there is no excuse. no excuse for anyone being unvaccinated. >> for those who choose to remain unvaccinated he will make cheer unvaccinated individuals will continue to drive hospitalizations and deaths. >> i do think it's really important to recognize the vast majority of hospitalizations and deaths are among the unvaccinated americans. >> president biden: this is a pandemic of the unvaccinated, not anything else right now. >> harris: will. >> you know, harris, i get that that reporter feels like joe biden should be living up to the standards of the president who said the unvaccinated -- the french president would start making their lives difficult. to hold the unvaccinated as the other villains of society. a minute ago i told you the biden administration had failed by their own standards. this is my standard. you have failed not to deliver us from this virus because nobody could deliver us from this virus. i indict this administration for promising to be the messiah that asked us if we would sacrifice our life and freedom to sacrifice our livelihoods, that they in turn would then deliver us from death while sacrificing our life. i indict them for pretending to be the messiah and otherizing those who would not sacrifice everything at their altar. i would condemn thenl by my standard for pretending to the messiah and -- >> harris: critics targeting president biden's frequent trips to his home state of delaware. the white house communications team argues the president needs time to getaway. time so he can think. he is not thinking all the time? watch. >> i know the president doesn't have public events today. he has a number of meetings with policy teams and that's often what he is doing behind the scenes. if you were standing here today. he is always invited, what you guys will say. he would say we never give him any free time or any time to think and that is probably true. >> harris: we never give him. who is in charge. president biden has spent more than a quarter of his time in office in delaware. 95 days so far. it's a beautiful state. will. >> you know, harris, he is 79 years old. we all need time to think. i'm not being cute. i'm not being sarcastic. this is what we get when we elect someone who quite honestly is in the sunset of their life and whose energy level can't be expected to be at the level of an aberration in president donald trump or a much younger or energetic person capable of living up to the crisis of our time. he probably does need time to think. i imagine the american public may give him a lot of time to think in the matter of three years. >> harris: will cain great to have you in "focus" as always. thank you. >> thanks, harris. >> harris: critics tearing into the new manhattan district attorney alvin bragg after he doubled down on reducing charges and prison time for a whole host of crimes. and new york shop keepers are bracing for more crime and this. >> if i had a dollar for every lockdown politician who decided to escape to florida over the last two years, i would be a pretty dogian wealthy man. >> harris: now another democrat from a lock down state caught hanging out maskless in florida's freedom. we'll debate next. they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. among my patients, i often see them have teeth sensitivity as well as gum issues. does it worry me? 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>> depends upon your definition of criminal. for all too long the othering. anyone we put in jail is a criminal. we've laid out a path that is going to reduce incarceration, reduce violent crime. give people services, neighborhoods safer, get new york city back up on its feet. >> harris: did you catch that? he wants to redefine the word for criminals. if you're in jail doesn't necessarily mean you are a criminal. didn't you have to commit a crime to get there? aaron perriney, fox news contributor richard fowler both right now the power panel in "focus." all right, erin, i start with you, top line thoughts. >> it's very clear the district attorney here is at best putting his thumb on the scale in favor of criminals or at worst completely throwing away the scales of justice in the names of progressive policies. if i was a new yorker, if i lived in any of those areas i would be hightailing my family, if i could, out of there. why? he is incentivizing soft on crime policies and giving criminals a blueprint to run wild across new york city. that does not bode for safer streets and does not bode for equality. it bo*eds for madness. i can't believe there are district attorneys who put their hand up and promise to protect and serve their communities and this is how they behave. you see it in cities, liberal cities across the country. it is dangerous and outrageous and harmful to these communities. >> harris: the albany times union actually crunched the numbers to us. from july 2020 to june 2021, 100,000 individuals were released due to new bail reform loss. one-third of those people, about 30,000, were rearrested and about 3500 of them on violent felony charges. richard. >> number one i think we have to have a real conversation how we fix the no cash bail. crimes that deserve bail where you have to pay cash and crimes that don't. that being said when you dig into what d.a. bragg is talking about in new york city he is talking about folks who get miss demeanor crimes selling marijuana and the case of eric gardner. they were trying to arrest him for something, a loose cigarette in front of a convenience store. in the city of new york it was a crime that was prosecutable. he is saying crimes like this shouldn't be prosecutable. it leads to putting more people in jail for crimes that most americans think are silly. last time i checked that sounds like capitalism more so than a crime selling a loose cigarette. >> harris: i want to jump in this for a second and i'm sure -- you don't know -- what this d.a. and many liberal d.a.s like him are pretending to do is to predict the future. if you give them a break because you feel it's something that is not a crime. you can't predict the future if he has a rap sheet. don't you have to adjudicate crimes that happen? >> for sure you have to adjudicate the crimes that happen. not all crimes deserve a jail sentence. last time i, everybody should be afforded due process. >> harris: what this d.a. is saying they need special treatment because of the color of their skin. i want to get aaron in there. >> it is what he is saying. what is he talking about here is if there are home invasions. when there are home invasions or there are people who are going into storage facilities and nobody is there whether or not they have a firearm on them they won't be prosecuted the same way they would be if a person was there. that's ludicrous. breaking and entering is a crime. a prosecutable crime and one that should be blind by the scales of justice. you can't interrupt me. you follow the criminal code and if the criminal code doesn't work you go by the legal system and change the legal code. not by -- you know who did criminal justice reform. donald trump, a republican. >> exactly, because there is inequities in the system. >> he allowed for the criminal justice system to work. >> excuse me. what this d.a. is saying here just like the president said a couple years ago is there is inequities in our justice system and it doesn't start in the jail house, it starts in the courthouse. to be frank, it starts on the street when people interact with police officers. the whole system has inequities which is why people end up if jail and why the president passed the first step act which i applauded him for. >> the american bar association says it's the job of prosecutors to deliver justice within the confines of the law. that is not up to the prosecutors to change the law. >> harris: let her finish. >> thank you, harris. he does not get to choose the laws. what he gets to choose is the prosecution. he doesn't -- what happens in the criminal justice system in the united states the laws are set and it is a prosecutors job to provide safety in communities as well by prosecuting these laws, by prosecuting crime. why? even by the american bar association that is their standard. he does not get to try and change the scales of justice or completely do away with them in the name of progressive policies. >> harris: i will have you two back and we'll get into where and when the manhattan d.a. seems to play the race card. thank you both so much. happy new year. 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