Transcripts For FOXNEWS Americas Newsroom With Bill Hemmer Dana Perino 20240709

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standing by. what does it mean for the biden administration? >> good morning, dana. this disappointing jobs report comes as the omicron variant is threatening the economic recovery while inflation is at its highest pace in four decades. this is bad news for the administration. the bright spot here is unemployment fell to 3.9%, the lowest we've seen it during the pandemic. administration is likely to highlight this as an achievement for them. but the report covers the week including december 12th. that came before the omicron spike ahead of christmas that really surged the cases across the country. economists say now policymakers need to be very careful. >> can't get close to the gdp. when you get that high there will be runaway inflation and maybe a default. for the biden administration to come out and propose things that will expand that debt is really, really reckless. >> december jobs report marks the lowest jobs growth of the entire year, dana. >> dana: there is that and also i wanted to ask you about this. the white house is now defending the cdc amid criticism that its post infection quarantine guidelines were confusing. they were. they're holding a mysterious press conference at 11:00. >> you're set to hear from cdc director walensky. we didn't get a preview of what these remarks are about. they are scheduled at the same time the president will begin talking about the jobs report and it is very unusual to see walensky appearing. we see her alongside dr. fauci and other members of the coronavirus response team. the white house defended the cdc amid criticism that their revised testing guidelines were confusing and motivated by factors outside of science. team biden has expressed no willingness to part with the president's promise to shut down the virus even as six former members of the health advisory board urged them to scrap the pandemic strategy and brace the new normal of living with covid. calling out about making progress on the pandemic premature and urging humility. >> does the president believe that covid is here to stay? >> the president's goal is to defeat the virus and focus and objective now is to save as many lives as possible. >> the criticism from the former members of biden's own team comes amid a very tough week with surging cases breaking record numbers and of course that nationwide testing shortage continuing, dana. >> dana: jackie heinrich. >> supreme court holding emergency oral arguments this morning on two of president biden's vaccine mandates. at issue is whether the administration had the authority to issue them. court begins a little less than an hour from now and shannon bream is following this. shannon, good morning to you. what do we expect today? >> well listen, this case is on the fast track, trace, because there are these deadlines looming. employers have a lot to worry about and do they need to get infrastructure in place to enforce mandates and employees will they choose the jab or job? the process of getting to the supreme court normally takes years or months. it depends. it is always way longer than what we're seeing this time. this is two cases, first the court will consider the osha mandate. workplace regulation that would require employers with 100 or more employees to mandate vaccination or masks and at least weekly testing for the unvaccinated. in its brief the biden administration argues delaying enforcement of the standard would cost many lives per day in addition to large numbers of hospitalizations. business groups arguing against the mandate say congress did not authorize osha to commandeer businesses to implement a testing masking and tracking mandate for 84 million americans. it's at the heart of what the justices will have to decide today. can the biden administration force private businesses to do what it said a month ago the federal government did not have the authority itself to do? at issue in the second case is the hhs regulation that mandates vaccines for healthcare workers at any facility that gets federal funding in the form of medicare or medicaid. any clinic or hospital and employees, volunteers and contractors. the white house says it is feeling good about its chances today. psaki saying the need and urgency for policies is greater than ever and confident in the legal authority for both policies. they kick off at 10:00 eastern. both arguments are slated for an hour each. we have seen in recent cases the chief justice has been allowing more time or breathing room so the cases could go longer. normally if things were normal with the supreme court cases we would see a decision probably in months. i would say it's possible giving the looming deadlines it could be weeks, maybe even days. we'll keep you updated. >> trace: the anchor of fox news @ night shannon bream. back to you as the news breaks. >> dana: she is up late and early. let's bring in andy mccarthy. i want to have you listen to the louisiana attorney general, part of this lawsuit. he says this is what is really at stake here today. >> can the federal government force you into a medical procedure? that's what is at stake. if that is the case, then we are no longer sovereign individuals, we're basically surfs of the federal government. we hope the justices understand that. >> dana: what is your take this morning about just a little less than an hour away before the arguments begin? >> i would like to believe that they would actually grapple with the question that the louisiana attorney general has raised but i think they actually can decide this on a more narrow ground. justice scalia said congress doesn't hide elephants in mouse holes and that's what this case is really about. regardless of whether the federal government has this vast power which is a significant question, it is generally in our tradition and our constitution the states regulate healthcare and including healthcare regulations in the time of infectious disease. but the narrow question here is assuming for argument's sake the government has this power, did congress clearly give it to executive agencies? i think the argument here is that they did not. in other words, regulations that shannon just described for osha and for the regulators of medicare and medicaid, did congress provide them this sweeping power to have a vaccine mandate like this? i think they have a very strong argument that congress did not clearly do that. >> dana: let's add to that. the president's chief of staff ron klain retweeted msnbc on what he called a work around. here is the tweet. osha doing this vax mandate as an emergency workplace safety rule is the ultimate workaround for the federal government to require vaccinations. now, it's fine for stephanie ruhle of msnbc to tweet it. when the white house chief of staff retweets it, i think that will come up today? >> it will. when i was a federal prosecutor one of the rules in the office is let's try not to say anything that is going to make the defense brief for them. for ron klain that's the trap he fell into. and i think it goes to the greater problem here, dana, which is there is a profound question here about whether the federal government has this power at all. and if you are going to argue they have it. there has to be a clear mandate from congress. the reason they're groping for a workaround is because if they had a clear statute that says yes you can do it they would invoke it. >> dana: editorial today in the "wall street journal." supreme stake on vaccine mandates. this case echoes into the future how far the executive branch can go to rewrite statute. some justices will be -- presidents have den increasingly eager to find emergency when they're politically convenient and part of the reason is it's difficult to get legislation passed. i know this argument is about the vaccine mandates but could there be a larger decision at play here? >> well, there is a larger decision in the sense, dana, that the reason that the federal government doesn't -- the reason that the federal government is trying to resort to these emergency powers is precisely because it is hard to get this legislation through because it is questionable whether the federal government has the power in the first place. and i think the idea here to go narrow and to say look, we'll table for now the question whether the government has this power and look at whether it actually tried to give this power to the executive branch, i think that's designed to appeal to chief justice roberts who probably doesn't want to grapple with the basic question and wants to say leave that for another day. we're only dealing with these narrow regulations. as shannon pointed out the court fast tracked these cases but they are fast tracking them with briefing and oral arguments. i think that's to respond to reservations that justices kavanaugh and barrett have had in the past about these emergency docket cases where the supreme court doesn't get full briefing and have oral arguments. i think they're trying to appeal to those justices. >> dana: we'll pay attention and watch your writing as always. thank you, andy. >> trace: vice president kamala harris turning to a long-time democratic aide as her office is rocked by a series of high profile exits. will it help right the ship? the stand-off between chicago teachers and city hall keeping kids out of school for a third straight day. is there an end in sight for frustrated parents? another winter storm snarling travel along the east coast. thousands of flights have already been canceled. the latest update on that is straight ahead. throughout history i've observed markets shaped by the intentional and unforeseeable. for investors who can navigate this landscape, leveraging gold, a strategic and sustainable asset... the path is gilded with the potential for rich returns. among my patients, i often see them have teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity & gum gives us the dual action effect that really takes care of both our teeth sensitivity as well as our gum issues. there's no question it's something that i would recommend. your kindness outshines your highs and lows. your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. side effects may not appear for several weeks. common side effects include sleepiness and stomach issues. movement dysfunction and restlessness are also common. you are greater than your bipolar i. ask about vraylar. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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cut thousands of dollars off your mortgage payments. there's no money out of pocket and no up front costs. lock in your rate. >> trace: more than 2300 flights scrapped today and nearly 600 of those canceled or delayed within just the past two hours as a mass-moving winter storm brings heavy snow from the tennessee valley to the northeast just days after another storm caused a massive pile-up on the virginia freeway. casey stiegel is live for us at the dallas fort worth airport but we begin with alexis mcadams in new york city. good morning. >> trace, good morning. some traffic headaches in areas here around new york city. this is the first significant snowfall we've had here in new york city so far this season and it came down very quickly overnight leading to major delays this morning. crews are out working around the clock trying to get this all sorted out. on the upper west side they cleared off most of the city streets and the sidewalks but it is a different story in some areas across new york. overnight you can see here in the video just from several hours ago snowy conditions triggering a travel advisory. new york city emergency management department has all hands on deck. they expect icy and snowy roads to cause major delays. this morning some parts of connecticut waking up to a foot of snow and counting. buffalo hit hard. schools canceling class due to the heavy lake-effect snow they see every year. southeast just one of several regions slammed by a fast-moving winter storm expected to bring frigid temperatures all the way up through new england. take a look at this. not the typical scene you expect to see in nashville, tennessee. snow blanketing parts of that city with up to seven inches. the metro gets four inches a year on average. the heavy snowfall has caused traffic nightmares and back in new york crews are working around the clock for hours. overnight 700 salt spreaders were pre-treating the road and lots of plows trying to lear the roadways. >> trace: you're live in new york, thank you. >> dana: it's not just bad weather. short staffing and sick outs are taking a toll. passengers are getting fed up. casey stiegel is live in dallas. looks quiet, casey. >> it really is quiet here. you look up at the flight boards and all the cancellations are where you are on the east coast, cities impacted by the winter storm. we're now reaching nearly 15 consecutive days where more than 1,000 domestic flights have been canceled. quite a run. two primary reasons for it all. number one, covid. number two, mother nature. the snowstorms keep on coming forcing aircraft to remain grounded. omicron is going through the airport and airline worker ranks causing staffing shortages. analysts say if we can all hang on a little longer the nightmare is almost over. >> the health authorities are saying the virus is going to peak in a week or two. that coupled with less travelers hopefully will improve the situation. >> discount carrier southwest airline headquartered in dallas, texas, had to scrap one out of five of its flights just yesterday. they have been really impacted by this whole situation. be patient. >> dana: the first week of the year is one i think we'll have to write off. casey, thank you. >> unreal. >> president biden: i believe schools should remain open. you know, they have what they need. >> we have the tools we need to keep our schools open. >> our expectations is for schools to be open full-time for students for in-person learning. >> even with the stress of what we're dealing right now for the most part we can keep the schools open. >> as the biden administration says schools should be open they are closed for a third consecutive day in the windy city. hundreds of thousands of students remain at home in the nation's third largest school district as the stalemate between the chicago teachers union and city hall drags on. john kass, a former columnist with the "chicago tribune" and now gone on his own and the host of the chicago way podcast. great to see you. i read your stuff every day. when i was reading about the chicago teachers shutting down the union and the schools, this part caught my eye quoting here. what these children and their families have suffered at the hands of the leaders of this broken political system that runs broken government schools is morally indefensible. as they are pushing for remote learning many at-risk teenagers are left alone to be alone in chicago's street gang wars. the union and city are doing these kids a disservice. >> yes, it is terrible. it is a crime. it is a moral crime what they are doing. let me throw all the politics into it, you have the mayoral race beginning, you have people jockeying. the union has their people jockeying for position. and no one cares about the kids. that's why in my column on john kass news i argue for real school choice. real school choice is the only way out of this for minority parents. most of the schools in chicago overwhelmingly minority and overwhelmingly poor. they just keep getting treated like cash cows. >> i want to put the numbers on the screen. you see more teachers are starting to defy the union. wednesday they had 10.1% of the teachers show up. thursday almost 13%. the whole thing here is that education secretary -- former education secretary bill bennett said yesterday maybe just fire the rest of the teachers that don't show up, john. >> and go to a reagan thing? that might work for a while and throw the whole system into chaos but really, look, you have a mayor of chicago lori lightfoot who has caved repeatedly to the union, caved and caved again. every time she talks tough and every time she caves. this is a pattern with her and with them. it is like a relationship the failure. people need -- every time a kid is not -- when kids aren't in school you know what they do? they get shot or they become criminals and carjackers. that's what is happening in chicago. why don't we just say the truth? >> trace: the schools are acknowledging there is really no plan even for remote learning. a memo says if closures continue and we don't have adequate staff to offer in-person programming on monday we'll have packets of activities available for pickup. there is no plan for remote instructions this time in any cps school. that means you are on your own. your last thoughts on this now. >> right. they don't care about the kids. they care about the politics. chicago politics dominates it all. chicago politics is broken and it is the chicago way. and it is sickening. >> trace: john kass, good to see you, sir, best of luck out on your own in the journalism world. thank you. >> thanks, trace. >> dana: strong advocate for kids. democrats rejecting republicans offer to work on one key law. why they won't take up the electoral count act. maxwell's legal team asking for a new trial after a shocking statement from one member of the jury. ow! i'm ok! only pay for what you need. ♪ liberty. 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pass voting rights bills that are now before the senate. >> trace: president biden and vice president harris making a push for sweeping election reform bills. leaders in both parties say there may be agreement on reforming one key piece of election law. former speakers newt gingrich in a moment. first congressional correspondent chad pergram live on capitol hill. >> democrats made no bones trying to pass voting rights legislation. republicans criticized the bill as an effort to nationalize elections. the g.o.p. cracked the door for the law that dictates congress green light the electoral college in order to decide who won the presidency. >> it contributed to some of the confusion on january 6th. >> congress passed a law in 1887. it was a response to the disputed 1876 election between president hayes and tilden. scholars worry that two or more presidential candidates could make competing claims to the white house and when it falls to congress to sort out the electoral college. >> two different documents from georgia or arizona say we're the electoral votes from the states. congress has to make a decision on which of those two documents is the correct document. on that point the rules that congress has under the statute really do need to be clarified. >> democrats contend the capitol assault underscored their case to bolster voting rights. >> unless we confront the big lie and do our part to fortify and strengthen our democracy, the political violence of january 6th risks becoming not an aberration but god forbid the norm. >> schumer says a gop offer to look at the law is cynical. >> dana: let's bring in former house speaker newt gingrich. a head scratcher. if mitch mcconnell is offering you the chance to fix the very issue that could prevent this from ever happening again you should take it. but i'm not a strategist, you are. what do you think? >> well, first of all the -- there is no evidence that vice president pence was confused. he did exactly what the constitution suggested and he served essentially to simply transmit the results but i think if they want to clarify it that's fine. the problem is the democrats, i think, believe if they don't find a way to steal the election, they can't compete. that's why you had the new york city council making it legal for people who are illegally here and not citizens to vote in city elections. that's why you see this desperate effort in the senate right now. the three major provisions of the senate democratic bill are all opposed by over 80% of the american people including african-americans and latinos. people want to know who you are when you vote. people want to know that your vote will be counted and people do not want to have ballot harvesting where people go out and gather up lots of votes and you don't know who voted and who gathered. so on every single major count we have all sorts of polling on this, the american people oppose the making it easier for politicians to steal the election and i think that's why they are going to -- it will be impossible for them i think to pass this bill. >> dana: they will give it a shot and end up in the same place they are on build back better, the original version. here is what mitch mcconnell had to say about the voting rights issue in the senate. >> the fact that violent criminals broke the law does not entitle senate democrats to break the senate. it is surreal to here sitting senators invoke january 6 to justify, listen to this, to justify breaking rules to grab outcomes they have not earned. >> dana: do you think senator manchin and sinema will stick to their guns and not break the filibuster? >> we have no reason to believe they won't. i think manchin's popularity has gone up every time he said no to left wing democrats he has become more popular in west virginia. in the case of sinema she is in the great tradition of barry goldwater and john mccain. a maverick, her own person. she proved when the agitators followed her into the lady's room she is not easy to shake and i suspect they are where they are. manchin was sort of toying with a new day and saying we might fix the one piece with the filibuster. by the way it would take 67 votes to fix it. that was sort of playing with schumer and not being serious about it. >> dana: the other thing that was happening you have vice president harris end of the year losing staff, start of the year losing another staffer. some of that is natural at the end of the first year of an administration. no doubt there has been havoc in her office. listen to what she said about it last night. >> there have been a rash of stories about dissension inside your office, inside the white house, about questions about your role. what would you say you've learned over this year? >> one of the things i've learned is to get out of d.c. >> dana: what do you think? >> she laughs at everything and it is a weird laugh. there is a website that has 10 hours of her laughing. but second, her speech yesterday where she compared january 6th to pearl harbor and 9/11 i think was proof that california education is worse than we thought. it is inconceivable you could compare a riot at the capitol to the japanese attack at pearl harbor or the terrorists who killed almost 3,000 americans on 9/11. yet harris cheerfully listed the three together as though they were the same events. it tells you how totally unfit she is to be vice president. she is vice president. they won the seat. i hope the american people learned a lesson about picking people who don't know anything. >> dana: she is in charge of the voting rights legislation getting done and they'll go to georgia, atlanta, your old stomping grounds next tuesday. we'll follow all that. >> she will do as good a job with voting rights as she has done with the border which was her first assignment. >> dana: i remember very well. thank you, sir. >> thank you. >> trace: djokovic thanking fans for their support after being detained in australia over vax nation status. he quoted thank you to people around the world for your continuous support. i can feel it and it is greatly appreciated. fans have been rallying around him who says he was approved for a medical exemption before entering the country. he is due in australian federal court on monday to challenge his visa cancellation and his deportation. >> dana: companies facing major backlash for sponsoring the winter olympics in beijing. alec bald win is now at the center of the investigation into deadly movie set shooting. we have new details straight ahead. lear. four years clear. five years and counting. cosentyx works fast. for clear skin that can last. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections some serious, and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a 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hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire nicorette knows, quitting smoking is freaking hard. you get advice like: matching your job description. try hypnosis... or... quit cold turkey. kidding me?! instead, start small. with nicorette. which can lead to something big. start stopping with nicorette >> trace: disgraced ex governor andrew cuomo due to appear in a virtual court hearing today where a judge in albany will consider whether to dismiss a fondling case against him accused of groping a former aide in the executive mansion in december of 2020. the case is impossible to prove citing lack of evidence. the news comes a week after manhattan's former district attorney ended a probe into cuomo's handling of covid in nursing homes. you have a lot of lawyers, dana, saying at the height of the #metoo movement there were a bunch of cases difficult to prove but gave it a try anyway. >> dana: curious to me how the brand-new attorney -- district attorney in new york city in manhattan bragg within the first week he can dismiss any charges about the nursing home issue? i don't know how he is able to do the work that quickly. maybe people will dig into that to find out. >> he doesn't want to prosecute much beyond murder. >> dana: new mexico authorities say they are working with new york police to get information from cell phone of the film star actor alec baldwin. christina coleman has more on this. will they get it? >> well, authorities certainly hope so. they are actively working to get ahold of the cell phone to investigate materials on it, text messages, emails anything to help with this investigation. they're reporting authorities out of santa fay, new mexico and new york are working to get it. there is a search warrant for the phone. no one has been charged yet in the deadly october 21st shooting on the set of rust. baldwin was holding the gun when it went off killing one and injuring another. baldwin denies pulling the trigger. some gun experts question his claim. baldwin is sticking to his story. tell-all interview on the shooting he insisted he is not to blame for this tragic incident and said someone is responsible for what happened and he cannot say who it is but he knows it is not him. more than 500 rounds of ammunition including a mix of blanks and dummy rounds and live rounds were found on the set of the movie and how they ended up there are all part of this ongoing investigation. dana. >> dana: christina tollman in l.a. it's early there. thank you. >> trace: 28 days to the start of the beijing winter olympics and critics are slamming some u.s.-based sponsors, specifically coca-cola for criticizing georgia's voting laws but remaining silent on china's human rights record. mike waltz saying there is clear hypocrisy about corporate america who preach social justice at home but cower to the chinese communist party to protect their bottom line. vivek ramaswamy is author of the great book woke, incorporated. coca-cola said we believe the olympics movement is a force for good bringing people and countries together and we're proud to use our name to raise its profile and to support the world's most watched and revered international sporting event. if we have this correct, keep the olympics in china because it is a force for good. but man, get that all-star game out of georgia over the voting laws. >> i think you hit on the core issue. corporate hypocrisy. either you care about social justice or you don't but you can't have it both ways. i think the facts matter here. this is the 1936 berlin olympics all over again. actually history teaches us a lot. the nazi regime was using the olympics as a show of propaganda to cover up against its mistreatment and jews and other minorities in germany. it worked. there was a call for boycotting then. very few did and it legitimized the nazi regime. that's what is happening in china today. i believe what we see are some of the worst human rights atrocities since germany against uighur. companies have to make a choice. they will either stand up for black lives matter and other social justice movements in the united states and consistent in their stance as global companies or they ultimately decide they're companies and will do what makes the most profit but it will be up to other actors to step in. my view here is this is geopolitical issue. the moment for the u.s. government to step in to exercise power at a moment where china is vulnerable. i'm happy to say more about that. >> trace: you talk about the u.s. government and a lot of evidence about the atrocities. we read an info by michael waltz. there are members of congress across the spectrum who will not soon forget which u.s.-based companies sponsored these games. what do you think about that vivek? a lot of people say congress tends to have a short memory and long to do list. >> i think that's a little spineless move by congress and the government. i don't think we should get into the game of congress we'll remember which companies sponsored the olympics. you are the u.s. government and china is your greatest threat. you need action greater than through the back door judging companies and saying you'll watch out for bad behavior. there are some interesting things going on in china now poorly understood in the united states. two things are happening in 2022. not just the ol pim ickx. it is xi's breaking the success of who controls the regime. he is breaking that succession in late 2022. china is vulnerable ahead of that. there are rumblings against resistance against xi. he is tanking their economy to break up any threats to his power. this is a moment for the u.s. to make a long run move. a bold move by not only boycotting the olympics and avoiding legitimization of china and take more extreme measures. >> trace: we saw it with the nba. they refused to go after china. seeing it with corporations. what is happening is they are apt to overlook a bunch of egregious behavior if it boosts the bottom line. >> absolutely. china's game is build a great wall to prevent you from entering the chinese market. they roll out the red carpet if you criticize the united states. the game is working for them. we need to stop that game from working for them and i'm glad people are calling it out but we need u.s. military and government action by standing behind and ultimately pulling out of at least the olympic games but possibly taking more steps thereafter. >> trace: vivek, good to see you, thank you. >> dana: supreme court is set to hear emergency oral arguments on two of president biden's vaccine mandates. those are set to begin in a few minutes. more ahead on that. and border patrol agents arrested a convicted sexual predator in arizona yesterday. one of many sex offenders arrested at the border in recent months. a live report from la joya, texas, up next. with access to 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are no upfront costs. not one dollar. the newday low rate refi. take advantage of these record low rates so you and your family can save. >> trace: we have all been told since grade school to eat your fruits and vegetables. new cdc report finds only 10% of americans are eating enough vegetables and 12.3% eating enough fruit. the study says the pandemic and supply chain issues may be making it more difficult for some to access nutritious foods. usda recommends 1 1/2 cups of fruit and 2 cups of vegetables each day. i go and grab a handful of blueberries like popcorn, a handful of raspberries. >> dana: just like popcorn. i have to tell you you look like somebody who eats all your fruits and vegetables. fruit, vegetables and water any doctor if you told them you ate only fruits and vegetables they would say you need to eat more. that's what i find. it is never enough. never enough. i'm not against fruit and vegetables believe me. >> trace: i'm not anti-fruit and vegetables but i sure like those big italian pastas. >> dana: you keep popping the blueberries. border patrol in tucson arrested a sexual predator with convictions out of california. texas agents in the rio grande valley sector say they've got more than 60 sex offenders illegally crossing the border since october 1. bill, you are also have details on a smuggler chase and a rollover crash that happened within the last hour? >> good morning to you. that's exactly right. once again we have yet another crash involving a human smuggler in the rio grande valley. we'll get to the video. team shot it within the last hour or so. this is in 30 minutes away from where we are right now. law enforcement source telling me a human smuggler with five immigrants in the vehicle was being chased by law enforcement when he flipped over and crashed. we don't have word on injuries but we saw several of those illegal immigrants led away by border patrol. we are told the smuggler has been arrested but this sort of thing happens constantly out here at the border. it is very dangerous. keep in mind just last month a local mom and daughter were both killed when they were crashed into by a human smuggler. take a look at these photos out of border patrol's sector in california where they found 26 illegal immigrants hitching a ride on a train in an effort to get further into the country. most of those migrants were little children from the photos there. it happens as well. migrants hitch rides on trains to get deeper into the united states. also take a look at these photos out of border patrol's big bend sector in texas. december late, remote terrain in the desert. 20 immigrants dressed in camouflage. they caught another large group of immigrants smuggled in a red vehicle out in the middle of nowhere on the desolate desert roads. you mentioned the sex offender arrest. look at the mug shot out of border patrol's tucson sector in arizona where they arrested this mexican national. he had a previous conviction of unlawful sexual intercourse with a minor under the age of 16 in california. covid hitting border patrol hard as well. dhs source saying just yesterday they have more than 200 employees quarantined. 188 confirmed to be infected with covid. we'll send it back to you. >> dana: a big dent into the support they have there. fox news alert. oral arguments getting underway now at the supreme court over the vaccine mandates. issue whether or not the administration has the authority to even enforce them. welcome to a new hour of "america's newsroom," i'm dana perino. >> trace: good morning, everybody, i'm trace gallagher. the rare friday session at the nation's highest court. justices taking up two emergency appeals. one whether the president can force healthcare workers to get their shots. the other focused on vaccines for employees at large businesses. arizona attorney general mark brnovich part of the lawsuit against the white house will join us in a moment for what's at stake there. first we'll go live to david spunt at the supreme court with more on the big picture. good morning, david. >> hi, trace. an important day here at the united states supreme court. both cases deal with vaccine mandates. both cases are related to joe biden's administration policies. coming directly from the white house and affect more than 100 million employees across the united states so people want to pay attention to what happens today at the supreme court. the first is the biden mandate that calls on companies with 100 or more people to become vaccinated or submit to weekly testing or wear masks at all times. this mandate was scheduled to go into effect this week as the court hears this case. the other mandate calls for workers in a healthcare setting receiving medicare or medicaid money to get fully vaccinated. the white house is looking for a win today in court. >> recent polling by usa today and other outlets have suggested that 60% of businesses are moving forward on putting these requirements in place. you know why? makes sure they have a healthier workplace. >> a group of republican-led states are suing making the argument that vaccines while they may be fine if you want to get a vaccine, that's great. but the government cannot force you to do so. >> it's 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 step on the constitution and then try to say i'm on solid ground. >> trace, the justices took the case with rapid speed and high interest as it affects such a large chunk of the american population. >> this is a deviation from the way the supreme court normally decides cases. normally they have the luxury of months if not years to think about issues and render a decision. this case is very different. >> don't expect a decision to come today. expect one to come quickly, trace, within days or weeks. after all more than 800,000 people have died from this pandemic and serious and why the justices took this case and expected to render a decision fairly shortly. trace. >> trace: time is of the essence. david spunt live at the supreme court. >> dana: let's bring in arizona attorney general mark brnovich. i want to read to you from the biden lawyer at the court today and what she said. workers are becoming seriously ill and dying because they are exposed to the virus on the job including in widespread and well documented workplace clusters and outbreaks and then the argument goes on to say if the rule remains stayed during this winter's anticipated covid-19 surge hundreds and potentially thousands of patients may die at nursing homes and hospitals at other facilities. the benefits of requiring healthcare workers to be vaccinated far outweigh any other concerns. mr. attorney general, isn't it possible that that can be true but congress didn't give the authority to osha or cms to carry out these mandates? >> yeah, dana. that is part of the big problem. this is not a debate about medical science, it is really truly a debate about the constitution. someone can be pro science but also pro constitution and nowhere in the constitution does any president, republican or democrat, have this kind of unfettered authority and disceetion. in a time of crisis is when we need to uphold the constitution even more because there is always some justification, some group or person will say why they need to trample on your individual liberty. this is when the constitution is most important and why myself and colleagues are out there pushing back against the overreach of the biden administration. this is a dangerous precedent. no government should tell you or anyone else they have to inject something into their body. we shouldn't be discussing whether the vaccine works or not but whether the constitution is designed to protect our individual liberties which clearly it is. >> trace: dana brought up a good point earlier the "wall street journal" pointed out look, presidents and politicians have this habit of declaring emergencies when it is politically to their advantage and what is to stop president biden from issuing a mandate or emergency on climate change or on school loans or something like that? so that's really the problem you are focusing on. >> absolutely, trace. there is an old seeing if you met a bully in your front day, the next day he is on your spouse and the next day he is shacking up with your spouse. we as citizens and representatives of our respective states see the cede the authority we'll never get it back. they can threaten people's livelihood in this country. what's left in the future under the guise of healthcare to tell contractors they can't eat chicago deep dish pizza and how much caffeine or soda you can drink every morning? this is truly a dangerous precedent. if the federal government under public health is going the dictate to every single american they must do something or lose their livelihood, benefits and life savings. it is fundamentally unfair, it is unconstitutional as well. >> dana: do you have thoughts on the current makeup of the supreme court being different than in past years and whether the conservative position as your lawsuit states will prevail? >> my hope is, dana. i learned a long time ago for full disclosure i'm married to a federal judge. i learned a long time ago not to predict what is judge will do. but i do believe that because the court took this case in an expedited basis if you look at the makeup of the court, judges that have been confirmed over the last four years especially i think these are folks that understand the meaning of the constitution, the rule of law, understand originalism and make sure the constitution is followed. at the end of the day, no president has this authority and as james madison used the remind us rights and powers are two sides of the same coin. we the people never ceded this kind of power to the federal government. in protecting and push back against the power overreach by biden administration we're protecting algorithm of our individual rights whether you are a democrat, republican, independent, no matter what state you live in. >> trace: attorney general, thank you so much. >> dana: good to see you. we'll see how it goes today. >> trace: you point to how political it is. i would bring up the whole concept of mandates, governor newsom was more mandating vaccines for everybody until it came to the prison guards union that gave the recall campaign 8 million and said prison guards don't need to be vaccinated and how political the mandates come over and over again. >> dana: not only just about the vaccines but it could have larger implications about what the federal agencies are allowed to make citizens do. we'll be paying close attention to it, trace. >> trace: new concerns over flu and coronavirus at the same time as cases of omicron are already overwhelming hospitals and testing centers. jonathan serrie live for us in atlanta home to the cdc. good morning. >> good morning to you, trace. even those most omicron cases is relatively mild the new variant is creating so many cases it is putting a huge burden on medical centers. in southern california hospitals are so busy that ambulances are waiting four hours or longer to offload patients. with lines already long at covid test sites the laboratory industry forecast the demand for covid tests during the omicron surge will surpass that of previous variants. >> the white house and administration is working with the test manufacturers as well as labs to get the capacity up. so far it appears that we will not run into the supply chain challenges that we did a year ago. >> california is extending its indoor mask mandate through mid february and test site in brentwood identified los angeles county's first case of flu and omicron, being infected with flu and coronavirus at the same time. it is a child who returned from travel to mexico and experienced relatively mild symptoms. the centers for disease control and prevention faced criticism from several high profile experts including the president of the american medical association for not being clearer in its messaging on testing, isolation and quaranty. the cdc director says her agency continues to update guidance based on constantly evolving science. >> we're doing so putting our head down to keep america safe and continue to update and continue to improve how we communicate to the american public. this is fast moving science. >> in a series of opinion pieces published in the journal of the american medical association some former biden administration health advisors write that the u.s. needs to pivot to a strategy of managing the coronavirus rather than eliminating it. we'll have to live with this for some time, trace. >> trace: that's what we're hearing. jonathan serrie live in atlanta. thank you. >> dana: president biden is expected to address the much weaker than expected jobs report later this hour. and chicago teachers say they won't come back until all kids are vaccinated. >> it feels like it is coming out of nowhere and devastating for as a parent to see my kids have to suffer remote learning again. owboys 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. ♪ i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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>> parents are more engaged with their children's education as they've been dealing with online school so they've been looking at how do i really want my child to learn and they are looking at alternative options and other ways of learning. they looked at montessori. >> if you look at the numbers at cps, public school enrollment has gone sizeably in the last three years or so but switching from a public school to a school like this does come with some concerns i would imagine the price and some other considerations. >> i think price comes into it. that's why our school is focused on accessibility and having a mind shift from making sure my child is reaching certain goals to giving a little more freedom in the way the child is learning. >> another thing that kristin mentioned is that they can really keep an eye on the kids a little more closely with these smaller class sizes so if they have a kid with a cough they know about that and they can implement testing protocols a lot easier than the massive school districts can and that's something, dana, that's really appealing to parents right now. >> dana: innovation in education as well. thank you for the report, grady. >> trace: the white house is changing its method on covid and now preparing americans to accept the virus as part of everyday life. a very different message than a year ago when the president promised to defeat the virus. it comes as surging cases caused a wave of disruptions including school closures, staffing shortages and new mask mandates. katie pavlich editor of town hall.com and fox news contributor. i want to rewind the clock if i can. 19 seconds and it is worth watching joe biden then. watch. >> president biden: testing, tracing, masking. not politicizing the race for a vaccine. i'm going to shut down the virus. we'll deal honestly with the american people and we'll never, ever, ever quit. i'll put in place a plan to deal with this pandemic responsibly. on july 4th we'll celebrate our independence from the virus. >> trace: he ran on it, he won on it and now there appears to be a bit of a white flag moment at the white house. >> shutting down the virus is a nice campaign tag line in a highly political presidential election but when it comes to implementing that the biden administration failed completely and they allow themselves to get eaten up by the bureaucracies. they understand more regulation and more restrictions when it comes to covid is an unpopular political position and why they used it against president trump, right? now they are trying to change their tune whether new york state government or cdc and dr. fauci admitting we need to count cases of people dying or hospitalized of covid not with covid. that was not standard they used during the trump administration. the data was completely contaminated when it came to the seriousness of this. the biden administration hasn't changed policy, a huge problem for him. they're saying on one hand we need to learn to live with the virus they only implement more mandates rather than providing treatments and making sure testing is available for people with symptoms and other things to help people get back to normal rather than living in this constant state of mandated behavior by the federal government, which is not working to mitigate the spread of the virus, including vaccine mandates. >> trace: you make a great point. when this was happening the transition was happening and they got together all these medical experts to say what to do here. broadening vaccine mandates to eventually include school children. phasing in vaccines for new variants. low cost testing more accessible. upgrading ventilation and air filtration system. providing n-95 masks to the public. except for the mandates which the supreme court is now dealing with this morning, nothing else was done. >> trace, look, it is obvious when people who are triple vaccinated and boosted what the cdc has been recommending when they're getting the latest variant of this virus it is obvious everybody is going to get this virus regardless of vaccine mandates so what has the administration done to mitt great that and treat the virus? a poor job getting out other treatments. governors saying they're withholding monoclonal antibody treatments for political person. they say people will die as a result. they're so focused on these mandates that the president has implemented without congressional approval which is why they are hearing about it in front of the supreme court today. >> trace: i want to move on to the vice president here. i want to put up on the screen the seven staffers who have recently left the harris office and we can put those up and at the same time the vice president was asked about this on pbs and she said this, watch. >> there have been a rash of stories about dissension inside your office, inside the white house, about questions about your role, what would you say you have learned over this year? >> one of the things i've learned is to get out of d.c. >> trace: that laugh again, get out of d.c. she is not going to the border. what do you think of all this, katie? >> right. it's obvious there is a problem inside the vice president's office. you don't see the mass exodus of staffers coming out of the white house biden's side of the administration and it is very clear she is not taking a look at her leadership style to say what are we doing wrong so we can keep people and staff in this office so we can accomplish some of the goals and the portfolio the president of the united states has given us? and to fulfill our duties to the country? for her to laugh and joke about i just need to get out of d.c. more. first of all it implies she is not interested in doing her job and the work as vice president but also plenty of opportunities. democratic mayors in places like texas have invited her repeatedly to go see the catastrophic results of the biden administration policies at the southern border. she has not traveled there to see what is going on. when it comes to what she is doing, she is trying to look for new communications director, she wants a hispanic outreach. until they change their policies they won't get any of that back. >> trace: democratic congressman henry cuellar says she won't even return his calls. great to see you. thank you. >> thanks. >> dana: fast moving winter storm dealing a direct hit to the northeast. some areas bracing for white-out conditions. americans are quitting their jobs in record numbers. how do we reverse the trend? we'll ask our money team steve moore and robert wolf straight ahead. for investors who can navigate this landscape, leveraging gold, a strategic and sustainable asset... the path is gilded with the potential for rich returns. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire your kindness outshines your highs and lows. your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. side effects may not appear for several weeks. common side effects include sleepiness and stomach issues. movement dysfunction and restlessness are also common. you are greater than your bipolar i. ask about vraylar. veteran homeowners. you are greater than your bipolar i. if you haven't refinanced yet, get in on record low rates now. the newday two and a quarter refi is the lowest rate in newday's history. two and a quarter percent. just 2.48 apr. just one call, and you can save thousands every year. there's no money out of pocket and no up front fees. the newday two and a quarter refi. at these rates, you may never need to refinance again. >> trace: sad news in the entertainment world. sidney portier has died. he was also an honorary knight commander for the order order o british empire. splendid man. the first african-american to win an oscar for best actor. he is dead at the age of 94. >> dana: arguments underway over biden vaccine mandates. justices so far seem to support osha mandate. here is justice kagan. >> more and more people are getting sick every day. i don't need to be dramatic here. i'm stating facts. this is the policy that is most geared to stopping all of this. there is nothing else that will perform that function better than incentivizing people strongly to vaccinate themselves. >> dana: i think i said kagan. i believe that was sotomayor. it was kagan. they must sound alike. neil gorsuch had a different point of view. we'll get to that in a moment. the lawyer representing the businesses explained why he thinks the court should continue the stay. >> why should the court grant immediate relief? the short version is as soon as businesses have to put out their plans and this takes effect workers will quit. that will be a permanent worker displacement that will ripple through the national economy. so we can talk about the billions in non-recoverable costs that the government concedes and lost profits and lost goodwill and business reputation and talk about the businesses that will be put out of business, page 375 to 80 quotes many businesses it would bankrupt our company and the most devastating event our company has ever experienced. we're asking for an extraordinary stay. >> dana: those arguments are happening in the supreme court as we're on the air. we'll get what we can to keep you informed. president biden is about to deliver remarks on what turned out to be a disappointing december jobs report. just under 200,000 jobs added. unemployment, though, ticking down to 3.9%. explain this to everyone. former money team steve more and obama advisor robert wolf. steve, how do you see it? >> one thing about that clip that you just played by sotomayor, the justice on the supreme court. she was basically making some kind of medical statement. i just found it to be outrageous. sotomayor doesn't know anything about healthcare. that is not her job. i was very mystified by that statement she made. on the job front there is good news and bad news. good news is that this report confirms that there are still a lot of jobs out there, dana, that we need to get filled. small businesses are having a terrible time getting workers back, construction companies, manufacturers, restaurants. that's the good news. the bad news is where are the american workers? i called this report the disappearance of the american worker. we have too many workers on the sidelines not working. we have labor force participation rate is as low as it's been and that for some reason workers not getting back to work. i think the big reason there is we're paying people too many welfare benefits. the food stamps and rental assistance are paying people not to work and it is hurting the economy. >> dana: i thought it was sotomayor as well. sounds like her but it was kagan making those comments. they sound a lot alike. robert, what steve said, is the government keeping people on the sidelines in your opinion? >> the answer is no and the numbers don't show that at all. remember, extended unemployment benefits ended. there is no one staying out of a job because they want to make less money than they were making before with no health benefits. the numbers show that actually over the past year we've averaged almost 550,000 jobs per month. the biggest year ever of private sector gains over 6.4 million jobs and dana, as you and steve know almost 85% of the workforce has come back and the pandemic is still with us. i agree with steve, the great resignation has been a post pandemic situation that we're not really sure what to do. we have 10 million jobs available and still 4 1/2 million haven't come back into the workforce. the participation is rate is low. if you look at the sectors that are doing better on the wage front outperforming inflation like retail and leisure and hospitality. they are the ones that are coming back and healthcare practitioners making a lot more money but still have a complete void in the amount of labor we need. so really people are taking a step back and saying in this post pandemic environment what's the right job that fits me with elder care and childcare and making sure i have the right benefits to have a healthy and safe life. >> dana: mick roe had some thoughts. listen to him. >> this is a conversation about our workforce and the imbalanced nature of it and the way that's going to impact every single american who shares my addiction to smooth roads, indoor plumbing, affordable electricity and so forth. >> dana: what's another way to bring workers back? there are people out there who might want to get jobs. what are employers supposed to do? do you think the vaccine mandate issue is keeping people at home as well? >> i think the vaccine mandate would be a disaster right now and would actually hold even more workers out of the workforce at the very time we need to get people back and especially by the way we need to get teachers back on the job in my hometown of chicago. it is outrageous they don't want to go back to work. i want to correct one thing that mike rowe and robert wolf just said. if you look what happened over the last year it was shown in the labor report today, inflation is running somewhere around 6 1/2% and wage growth is running at about 4 1/2% growth. what that says is that over the last year people's paychecks in terms of their purchasing power is shrinking. maybe that's the reason why people aren't going back to work. >> but steve, i brought up the three sectors where actually wage growth is more than 10%. so that's the sectors i brought up. i understand that inflation is going faster than wage growth but not in three sectors where there is a huge labor gap still. so in leisure and hospitality, they gained over 15% in wages. so the point is here is what i will disagree on vaccine mandates. the numbers are showing that people are not going back to work because they don't have the healthcare benefits to put them in a safe environment. that's a fact. if you look at the sectors that haven't come back it is those that are not giving what i would say a living wage and the right healthcare. that's -- >> dana: a couple of seconds. >> i thought obamacare would solve that problem and everyone would have adequate health insurance. >> over 15 million joined obamacare in the past year and thank god it is here for those people. >> the problem is in trucking, manufacturing, construction, those areas have huge shortages of workers right now and it is -- i don't think it's that they're not being paid enough. i like to see wages go up but the government is paying people a lot of money. we have to get back to work requirements. we have to get back to work requirements. >> dana: time, time. all right. happy new year to you both. thank you. >> take care. >> trace: maxwell hoping for a second chance in court and her defense team is moving for a new trial. a judge setting bond for a convicted sexual predator at $50,000 despite another judge's recommending the bond be $1 million. >> there has to be a point where we say enough is enough. let's get the safety of our community back as a priority to the criminal justice system. >> trace: jonna spilbor is here with her analysis on both cases next. 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. 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. ♪ >> trace: two women zip tied in the middle of the night as robbers invaded a multi-million home in los angeles. two women were house sitting for their boss, a wealthy social media influencers when bug lars broke in around 2:00 a.m. thursday morning. the women were able to alert the homeowner by waving their arms in front of a ring doorbell camera. the women weren't hurt but suspects got away with thousands of dollars in valuable items. investigators say they don't believe it was a random attack. >> dana: ghislaine maxwell could get a new trial after two jurors who found her guilty shared they had been sexually abused. fox news has learned that one of the jurors lied on his questionnaire. bryan llenas is live in new york city with more. >> a source tells fox news juror number 50 in the ghislaine maxwell trial did not disclose he was a victim of sexual abuse as a child answering no on the jury questionnaire when directly asked whether he or a friend or family member have ever been sexually abused. the source saying, quote, it doesn't matter whether he did it deliberately or not, the fact is he wouldn't have been allowed to be a juror. experts say survivors of sexual abuse can serve on juries. the issue here is whether he lied about it. >> we want to tell jurors to draw upon their experiences and common sense. the question is really whether the defense had the ability to question that juror about their experiences and how they might draw on that. >> maxwell's lawyers are asking for a new trial. david admitted in media interviews that during jury deliberations he drew on his own sexual abuse experience to convince other skeptical jurors to believe maxwell's accusers. here is david speaking to daily mail.com. >> we don't have proof that she may have participated in some of the sex acts. we have testimony that she did. and it was -- it took a lot of convincing or some of the jurors to come around to that. >> david has now lawyered up. a second juror told "the new york times" they also described the sexually abused during deliberations. the judge will decide if an investigation is needed and ultimately if a new trial is necessary. >> dana: interesting. thank you, bryan. >> trace: let's bring in jonna spilbor. juror 50 appears to be a big deal. is it enough to get maxwell a brand-new trial? >> there is only one remedy for ghislaine maxwell, a new trial. this is not just appalling. this is probably the most egregious example of juror misconduct that i've seen over the course of my almost 30-year career. let's examine what he did. he lied to get on this jury number one but took his experience, if this is his experience. we don't know if it is tall tale. we don't know that. he took what he pretends to be his experience and used that to convince the jury to convict ghislaine maxwell. his experience or his tall tale or whatever it turns out to be is not evidence. maxwell has a sixth amendment right to an impartial jury. and she did not get one here. somebody lies their way to get on a jury is not an impartial juror. what he did was even beyond that. there is only one remedy, new trial and judge nathan doesn't need an investigation. he went out and got in front of every camera he could find and boasted about what he did period. >> trace: he came out and he said i went fast through the jury form and didn't see the question. that's what he is saying now. my question to you are there consequences for juror number 50? >> there sure are and why he needs a lawyer. the smartest thing he has done is lawyer up. it is a crime to lie on a juror questionnaire and a crime to lie to get on a jury. the defense attorneys didn't have a right to question him about his answer if he doesn't put it on paper. he is in big trouble here and good he got a lawyer. the main concern is for the rights and due process of ghislaine maxwell and that needs to be remedied quickly. also let me just add since she has been sitting in custody for the last year and a half or more she needs to be let out. if she gets a new trial she shouldn't wait behind bars for that to happen. >> trace: in austin, texas a judge recommends a $1 million bond, convicted sex offender allegedly sexually assaulted a child. another judge drops it to $50,000. police officer said the following. watch this and i'll get your response. >> it is unconscionable that a judge that took an oath to keep the community safe, protect children, would do something that would take a known career criminal and put him back on the street and it is just appalling. >> trace: seems like stuff we're seeing all across the country. >> this is crazy but maybe not for the reason you think. a $50,000 bail is inappropriate here but so is a $1 million bail. this person shouldn't be entitled to any bail. he has had a warrant out for 2017 for violating his sex offender registration requirements. he is homeless. he can fly off the grid. the whole reason why we have sex offender registry and requirement is so that we can keep tabs on those who are convicted sex offenders. when you are off the grid and homeless and don't abide and have a warrant out for four years and you get caught doing something again, you should not be entitled to bail. you need to wait behind bars until your attorneys and judges and prosecutors can figure it out. so whether it's 50 or a million, inappropriate in this case he should be locked up and he is. he can't post the 50. going forward, come on, we have to keep better tabs. why do we have a sex offender registry if we don't keep tabs on convicted sex offenders? >> trace: why do we even have the laws on the books if we don't follow them? great to see you as always. thank you. >> dana: a judge sounding off after colorado governor reduces a truck driver's sentence by 100 years. the judge's tough talk next. are you thinking of turning in your car lease? buying it could eventually mean big bucks for you. veteran homeowners. while some banks and lenders are raising their rates newday is holding the line with their two and a quarter refi. that's 2.25%, with an apr of 2.48. this is their lowest rate in history. the newday two and a quarter refi can cut thousands of dollars off your mortgage payments. there's no money out of pocket and no up front costs. lock in your rate. with directv stream i can get live tv and on demand anywhere. look, serena williams... matrix... serena... matrix... serena... matrix... ♪ ♪ ♪ get your tv together with the best of live and on demand. introducing directv stream. oh yeah, we gotta take off. you downloaded the td ameritrade amobile app?d. yeah, actually i'm taking one last look at my dashboard before we board... and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. choose the app that fits your investing style. ♪♪ people with moderate to severe psoriasis, are rethinking the choices 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. 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? one that fits your needs and your budget? call humana now at the number on your screen for this free guide! it's just one of the ways that humana is making healthcare simpler. 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 know medicare won't cover all your medical costs. so call now, and see why a medicare supplement plan from a company like humana just might be the answer. >> harris: tremendous challenge to president biden's vaccine mandate as the u.s. supreme court is hearing arguments right now. that decision a huge one when it comes to how much power a president should have and the white house defending vice president kamala harris's comparison of the january 6th riot to september 11th and pearl harbor. they are defending her. the media just loving it. and december jobs report not good at all. steve forbes, dr. marty makary, tammy bruce, "the faulkner focus" top of the hour. >> dana: drivers of car leases that are about to run out could be sitting on a huge pile of cash. that expiring leash turning into a gold mine potentially. jeff flock explains. he is in willow grove, pennsylvania. hi, jeff. >> good morning to you, dana. yeah, how things have changed as a result of the shortage of cars out there right now? i'm at a lexus dealership in philadelphia. do you know how many lexuses they have on the lot, new ones? they have a total of seven. it has changed the equation when it comes to leasing. look at an example of somebody who leased a 2019 chevy tahoe three years ago. that was worth $49,000 when they leased it. after three years of depreciation typically it would be worth $28,000. that's what the buy-out is. what is it really worth now because of the shortage of car? almost as much as when it was new. if you take the buy-out and turn around and sell it yourself you make $17,000, almost $18,000. yeah, best way the make cash if you have lease. people leasing threes days, numbers down to less than a quarter of new car buyers now leasing. it's because car prices have really skyrocketed. new car prices up $6,000 in december over december last year, up 14%. if you've got a lease, you have some money to play with. dana. >> dana: so jeff, how many people are doing that, do you know? >> a lot of people are doing it. not everybody is doing the buy-out. dealers will now negotiate with you. they will give you a bunch of money when you turn the car in. it used to be you turn the car in and got nothing. now they'll give you money because they can sell it and make money. a lot of good money to be made out there if you have a lease. >> dana: most people would find it surprising. a weather update in willow grove. >> cold as hell. it snowed overnight and i tell you i have been warmer, sorry to have ad libed that. >> dana: why you're one of america's favorites. great to see you. >> trace: a man not to mince words. >> dana: before we go. it is wintery in new york as well. we got our first snow. it's snowing here in new york. percy, little puppy 15 weeks old had his first snow. we have some pictures here. took him to central park figuring it out. he has been in sand at the beach but this is a whole new experience. he has a cute little waterproof coat. >> trace: man, that's great. look at that. fantastic. >> dana: he has a cute little nose. we need an update on your dog. >> trace: it got so cold. down in the low 60s. boo was wrapped up -- he gets to the 60s and he wants to jump back into bed. boo there, 11 years old now and he is killing it, come on. >> dana: they lighten the mood in the house, don't they? >> trace: yes, they do. great fun to have around and your puppy is doing the same for you. >> dana: he is hilarious. thank you for your help this week and wish you a very happy new year. supreme court arguments are happening now about biden's vaccine mandates. harris faulkner will have updates as we go. we'll be back with you next week on monday. here's harris. >> harris: fox news alert. major action at the u.s. supreme court that could have big consequences on how much power president biden should have. the justices right now are hearing emergency oral arguments challenging biden's sweeping covid vaccine mandates and plaintiffs are arguing that states, not washington, should have authority over the mandates and calling the federal crackdown unnecessary and counterproductive. i'm harris faulkner and you are in "the faulkner

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