there's that key report from i.c.e. on arrests and removals at the southern border for the 2021 fiscal year. you know, they're still waiting for that to be released, marks the first time that report has been delayed in more than a decade. questions ability why it's being delayed -- about why it's being delayed and about the my grant crisis. and in new york city, manhattan's new district attorney alvin bragg causing more controversy, appearing today at the national action network conference in harlem, and this comes as the new progressive da's been slugging off critics who say his policies will fuel a new surge in crime and violence in the big apple. we have live team fox news coverage. alexis mcadams on the da, bill me melugin at the southern border, but first, alexandra hoff is life of in washington, waiting for the supreme court's ruling. >> reporter: hi, eric. yeah, the supreme court is weighing two cases here, first is the one for employees of larger companies, and the second applies to health care workers. for the paris, justice sonia society society my -- sotomayor pushed back on the word mandates. she and justices breyer and kagan indicated they will support the requirements. >> more and more people are getting sick every day. this is the policy that is most feared to stopping all this. >> reporter: so on the other hand, conservatives like chief justice john roberts questioned how much power such a sweeping requirement gives to the executive branch alone. listen. >> i wonder if it's not pair for us to look at the court as a general exercise of power by the federal government and then ask the questions, well, why doesn't congress have a say in this and why doesn't this, it be the primary responsibility of the states. >> reporter: the five conservative justices seemed more receptive to a vaccine mandate for health care workers. one takeaway were the false statements shared by justice sonia sotomayor who phoned in to the hearings from her office. >> we have over 100,000 children, which we've never had before, in serious condition and many on ventilators. >> that's not true. we have not had 100,000 children in serious condition in u.s. hospitals. according to the cdc -- >> reporter: yeah, the number is actually around 3,000. but according to the cdc, it's unclear how many of those children were brought into hospitals for other reasons and simply tested positive upon arrival. the biden administration is ready to implement the vaccine requirements next week, so a ruling could come out within days, possibly even hours. eric? eric: all right. we will have much more on the high stakes drama in this case minutes from now talking to former federal prosecutor doug burns. the legal eagle will break it down for us, and we will ask mrn for those rulings. arthel? arthel: well, the biden administration has yet to release a key report detailing arrests and deportations for fiscal year 2021. now, it's the first time in a decade that the report has not been released at the end of the calendar year, and it comes amid a dramatic decrease in arrests and an historic surge at the border last year. bill melugin is live at the border with texas -- in texas with more. >> reporter: as you mentioned, first time in ten years i.c.e. has failed to release this report. but first, want to talk about yet another crash involving a human smuggler here in the rgv. take a look at this video in farr, texas, about 30 minutes away from where we are. law enforcement sources telling us police were chasing this human smuggler who had five illegal immigrants when e lost control and rolled over on the expressway. we don't is have any updates on injuries, but we did see border patrol walking away several of those migrants. the human smuggler was arrested. this is incredibly dangerous and happens are often down here. keep in mind just last month a local mother and her daughter were killed when their vehicle was crashed into by a human smuggler. meanwhile, out of border patrol easel centro sector in -- el centro sector in california, migrants hitching a ride on a train in that sector. many of the migrants appeared to be young children, but we see this often. those migrants will get on trains. we see it here in texas a lot in an effort to get deeper into ther into you of the -- interior of the country. we pull up some file video, typically this i.c.e. report which details depor deportations and agency enforcement operations is usually released by the end of the calendar year, so fiscal year 2021, it still is not out yet despite the fact that we are now in the first week of january. i talked to i.c.e. about this, they claim there's no delay. they tell me it's in final review and should be out later this month, but former i.c.e. officials tell fox there is no excuse. they say it's unprecedented that it's not -- former i.c.e. director times himself, tom homan, says when he led the agency, he had the report by november. he says the report will likely show a severe drop in deportations during this border or crisis. take a listen. >> if they're proud of their policies that joe biden and mayorkas said they've doing the right thing, they ought to be having a press conference and bragging about what the success of i.c.e. has done, but they won't do that. they have crippled i.c.e. there is no enforcement for immigration, and they're proud of it. this is part of the agenda. >> reporter: and covid is affecting manpower here in the rio grande valley sector. a dhs source telling me border patrol currently has more than 200 employees quarantined with 188 confirmed to have covid-19 as of january with 6th. back to you. arthel: certainly does complicate things down there. bill melugin, thank you. everything? eric: alvin bragg defending his new criminal justice policies. he gave a speech this morning at al sharpton's national action network headquarters in hard harlem -- the harlem are. bragg is facing criticism, the new nypd police commissioner expressed her concern over bragg's progressive approach to crime that includes reducing some felonies to misdemeanors and not charging other lawbreakers. alexis mcadams with more. >> reporter: hi, eric. he's been defending himself very strongly. now, this morning manhattan's new district attorney, alvin bragg, wanting to clear up confusion saying he's going after guns and criminals on the streets of new york. take a look at this, this is him speaking at reverend al sharpton's house of justice this morning in new york in in the city's harlem neighborhood where bragg grew up. he outlined the plans he believes will make the criminal justice system more fair, in his words. you can see here outlines of the major change he wants to make including no longer prosecuting some trespassing offenses, resisting arrest and reducing charges for stealing from stores and also some counts of drug dealing. now, he says he's focus on getting violent offenders off the streets, sticking up for himself earlier morning. listen. >> gun crime is on the rise, domestic violence is on the rise, sexual assaults. that's what's going on with the status quo, so we know we need a change to address that. expect way we need to do that, partnered with public safety measures, is to invest in our communities. >> reporter: on friday the new commissioner reportedly sending an e-mail expressing major concerns over their safety with these changes. some say these policies will only lead to more crime. >> hay know what they can get away with, so they're going to go out there and do the petty crimes, and it's the quality of life crimes that affect new york city the greatest. >> reporter: reverend al sharpton saying this is unfair criticism because bragg campaigned on these changes from the very start. listen. >> i expected he would get some pushback, but i did the not think it would be where it was outright lies on what he was saying. and i'd say this is what he campaigned on. this is what he said he was going to do. >> reporter: and there's been lots of criticism, and that's why sharpton asked bragg to come out and speak again today. bragg said morning he's had very productive conversations and discussions with the police commissioner and hopes to clear up any misunderstanding. eric? eric: yeah, as you said, he told me in our interview this past week in his view what's happening now isn't working. the homeless and mentally ill need help, others say you can't put the brake on prosecuting. alexis, thanks. arthel? arthel: the funeral for former senate majority leader harry reid is underway right now in nevada. senator reid die died last week at age 82 after a 4-year battle with cancer. he retired from the u.s. senate in 2016 after serving five themes including -- terms including 12 years as the chamber's top democrat. president biden, former president obama and other dignitaries set to honor the former senator at today's live event. william la jewish la jeunesse is live in las vegas with more. >> reporter: the memorial began just a few minutes ago. there you have -- take a look inside, an elder there from the mormon church will be speaking and starting the ceremonies off. as you mentioned, president biden is inside along with speaker pelosi, senator schumer and former president barack obama who will give the eulogy. and, of course, president obama owes much of his legislative legacy to senator reid. here many nevada he is a legend. he fought for the casinos, water for las vegas and stopped yucca mountain which would have turned north dakota into a dump site for nuclear waste. >> he pave the way for us. and it isn't just nevadans who are better off because of harry reid. the entire country gained because of his hard work and dedication. >> reporter: reid grew up poor in rural nevada, his father a miner, his mother a maid. he worked as a capitol hill policeman to put himself through law school. the former boxer, once in washington was not afraid to hit below the belt fit served his party. >> they should stop crying about reconciliation as if it's never been done before. >> reporter: in 2012, without evidence, reid made the unfounded claim that republican nominee mitt romneyny did not pay his taxes. rather than apologize, reid said it was the best thing he'd ever done. >> the word's out that he hasn't paid any taxes for ten years. let him prove that he has paid taxes, because he hasn't. >> reporter: early on in his career reid was considered a conservative democrat. he opposed abortion, favored gun rights, but the gop would argue he was a liberal who obstructed the reform agenda underring president bush and jammed through president obama's progressive aepogen da. now, the truth is no one's legacy is either black and white, right? if reid was definitely a partisan for his party, he was not afraid to cross, you know, party lines or across the aisle, arthel, and he had a lot of friends in the republican party. once the service is done here, in about 90 minutes, the senator will be flown to washington, d.c., then there'll be a ceremony if on wednesday in his honor at the capitol rotunda. if back to you. arthel: william la jeunesse, thanks. eric: chicago public schools will not open on monday, unless, of course, the district and teachers union can reach a deal this weekend. classes were canceled for a third straight day yesterday as teachers pushed a return to remote learning amid a surgery in the omicron cases -- surge. the district says it has already spent millions of dollars to keep students and the staff safe. illinois reportedly has asked the biden administration for covid tests for all chicago schools hoping that will help resolve this dispute. arthel: well, it is the moment of truth at the supreme court on the president's vaccine mandates. the court's ultimate decision will impact millions of americans, so what are the biggest takeaways after yesterday's oral argument? former federal prosecutor doug burns will join us next on that. ♪ ♪ okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ you're a one-man stitchwork master. but your staffing plan needs to go up a size. 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 i've always been running. to meetings. errands. now i'm running for me. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com eric: well, a rare friday session at the supreme court yesterday. oral arguments heard on president biden's vaccine mandates, whether the administration has the authority to enforce them. the justices took up two emergency appeals, one on whether the president can force health care workers to get their shots, the other is focused on vaccines for employees at large corporations. joining us now for more to break this down, former federal prosecutor doug burns. doug, good to see you. i mean, the court really seemed split. how do you see this playing out? >> well, let me break down the legal issues. first of all, should the federal government be addressing this or should the states address it. that's what you heard a lot about, and that's what you call classic states' rights, constitutional law jurisprudence. many feel it should be left to the individual states, that's the issue. assuming that one were to agree that the federal government has the authority to address it, you're no nowhere near over the legal hurdle. the next question, which branch of the government? big separation of powers case. you heard the chief justice refer to congress, or should it be the executive branch? many feel that congress has to take the lead on this. and the last issue which is very important is, wait a minute, if the executive branch undertakes it and it's an administrative agency, in this case osha, right? do they really have the sweeping authority to do what they're doing here. those are the legal questions. but what was fascinating was to hear three justices start getting into policy discussions, and you would having thought you were at a legislative committee meeting on a piece of legislation about this, eric. eric: fill us in on that. >> yeah, no. in other words, a court, right, far be it from me to start lecturing supreme court justices, but hear me out. the court is here to determine these dry legal questions. nobody is suggesting in a million years that the pandemic isn't serious and that people aren't getting sick and dying, but to start saying people are getting sick in huge numbers, that's separate from the legal issue before the court. the legal issue before the court, again just to repeat, is wait a minute, what's the scope of osha's authority? there was a very famous case called chevron that under the chevron doctrine courts traditionally give pretty wide deference to administrative agencies. but there's an exception called the major issue doctrine which means if the issue is overwhelmingly important to everybody and to the country, you give less deference. these are the precise legal arguments. so to hear justice kagan say,ings you know, this is the only way to eradicate this problem, i was very, very surprised, honestly. i really was. eric: yeah. we just looked at the video playing as you talked of justice kagan, that odd video thing where the justices are standing while being videotaped. quote: this was a pandemic in which nearly a million people have died. it is by far the greatest public health danger this country has faced in the last century. we know that the best way to prevent spread is for people to get vaccinated. why wouldn't under osha's rules wouldn't, you know, a widespread, wild infection in a workplace be a grave danger to people's health? >> no, you make a great point which is, of course, someone, some debatable on all of these principles. people are going to differ on that, okay? is this the type of grave danger, as was suggested. but it was justice alito who spun an incredible hypothetical sort of like a law professor, wait a minute, osha, when you go into the building for work, you're under whatever they're doing. but when you leave, you no longer are. that's not true with a vaccine. that's a permanent medical ennext. that's a viable -- infection. that's a viable distinction tic to draw. so you're right, everything, yes, one could reasonably say there's grave danger and one can reasonably say that osha can do it. no law case in the supreme court is 100% in either direction. but the chief justice and justice alito and justice thomas, when you read between the lines, they were getting more to the legal issues which is states' rights, separation of power and the authority of administrative agencies. so to your question again, you can definitely argue in -- eric: doug, quickly, how do you think this is going to turn out? >> well, it's interesting, i think that they are going to stay the 100-employee mandate, but i think they're not going to stay the other one because, a, that's federal government spending its own money. and, b, talking about elderly, more vulnerable patients. i think it's a split decision, one will be stayed and the other will not. eric: mandating that health care workers get vaccinated because they deal wellerly in many case- >> yes. eric: need to protect the patients. >> yes. eric: doug, thank you. we'll see how it turns out. >> my pleasure, eric. thank you. arthel: hollywood a-listers are remembering the trailblazing actor, director, civil rights activist and icon sidney poitier who died thursday night at the age of 94. he broke racial barriers in hollywood starring in classic films like in the heat of the night, guess who's coming to dinner and to sir, with love. he became the first black man to win as oscar in 1963's lilies of the field. he also received a special academy award in 2002 and was awarded the presidential medal of freedom by president barack obama in 2009. among those paying respects, halle berry tweeting: my dear sid first an enormous part of my soul weeps at your passing. and denzel washington saying, it was a privilege to call sidney poitier my friend. he was a gentleman and opened doors for all of us that had been closed for years. god bless him and his family. sidney poitier's legend lives on. stomization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ mass general brigham. when you need some of the brightest minds in medicine, this is the only healthcare system in the country with five nationally ranked hospitals, including two world-renowned academic medical centers, in boston, where biotech innovates daily and our doctors teach at harvard medical school, and where the physicians doing the world-changing research are the ones providing care. there's only one mass general brigham. 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. eric: change in the approach to the economy and covid from the white house. we'll likely hear a lot more about this, because the president's state of the union has now been set. lucas tomlinson is live at the white house with more on all of this. >> reporter: hi, eric. some medical experts think the silver lining to this omicron variant is that it could be an immunity boost. president biden thinks good news is on the way, despite a record-setting number of cases nation wild. >> no, i don't think -- nationwide. no, i don't think covid is here to stay, but having covid in the environment here and in the world is probably here to stay. but covid as we're dealing with it now is not here to stay. the new normal doesn't have to be -- we have so many nutalls that we're developing -- new disease tools that can contain covid. >> reporter: of course, that's not what we heard in the runup to the 2020 election. >> i'm going to shut down the virus. i'll shut down the virus, not the economy. i'm not going to shut down the country, but i am going to shut down the virus. >> reporter: earlier this week the u.s. recorded over one million new covid cases in a single day, shattering the previous record amid a testing shortage. the white house has signed two contracts with the industry to boost the number of tests workinging towards the president's goal of procuring half a billion. the good news, eric, for the white house, unemployment fell to 3.9%. earlier today the former ckc -- c cdc director rebuked president biden for saying it's a pandemic of the unvaccinated. >> i'm very disappointed when i hear those statements. clearly, many, many people that are getting infected today have been what cdc calls fully vaccinated, and some of them have been boosted. >> reporter: and as you mentioned, president biden scheduled to give the state of the union address on march 33st, the latest -- march 1st. the latest since 1984. everything? eric: all right, lucas, thanks so much. arthel: cdc director dr. rochelle walensky yesterday held hell her first solo news conference since becoming the head of the agency. the video briefing coming as dry criticism for mixed messaging. joining me now is dr. jeanette nesheiwat, fox news medical contributor, also a family and emergency medicine physician. so, dr. jeanette, cdc messaging is confusing. what does the american public need to know about testing for covid-19? >> sure. so for testing, if you test positive for covid, for example, if you're having symptoms -- fever ors runny nose, cough, con congestion -- you're supposed to quarantine for five days so we can try to minimize the spread of virus to others. after five days if you're feeling better and you have no m symptoms, you have no cough, no fever, if you have access to a test, that's great, you can test. if you're still positive, then you have to quarantine for another five days. but if you don't have access and you don't have symptoms after five days, then you can go back to work. you just have to wear your max for an additional five days. -- mask. and i think this is important, arthel, because what the cdc is trying to do, and it's a difficult task, it's challenging. they're trying to show society, show america that we need to move on living with covid but doing it in a safe manner and doing it where we can live with this viral illness as we do with other seasonal viral i'llnesses. illnesses. arthel: and perhaps as medical experts figure our way forward, that is why the guidance may change from time to time. >> you're absolutely right. as time passes and we gather more data, we learn more information, as we see more variants emerge, our protocols, our policies, our management of disease must also change accordingly, otherwise we're going to be two steps behind rather than being two steps ahead. and part of this planning and protocol and preparation means the cdc really needs to ramp up the genomic sequencing which means trying to figure out is there a new variant that's about to emerge so we can be prepared. arthel: i may come back to that, but i want to move to this. the overall hospitalization rate in children and teens, it's still lower than that of any other age group, and they account for lesses than 5% of new average daily hospital admissions, and that is according to the cdc. but still dr. walensky says pediatric hospitalizations are at the highest rate compared to any prior point in the pandemic. so, dr. nesheiwat, i why is a record number of children now being infected and hospitalized with covid? >> well, covid, this variant, omicron, is one of the most contagious viruses that exist. one case can spread to up to 8-9 people, almost as contagious as measles. that's number one. number two, i think it's important to point out that sometimes a child may need to be hospitalized just for oxygen and hydration, that does not mean that they're critically ill or put on ventilators. so i think it's important to understand that. and it's also important to different shade the fact that some -- differentiate the fact that some people that are hospitalized for appendicitis9 or a broken bone, they incidentally test positive. that's not a true hospitalization. here in new york, our governor laid out a breakdown of the hospitalizations with covid, and nearly half of them were not primary covid hospitalizations, they just happened to test positive for covid. so the fact that it's so con today schoolhouse and, you know, we have children that have, obviously, smaller airways, their trachea, their lungs are not as fully developed, and we see omicron has a dread election to this -- predilection to this in younger kids. it can be a little bit more serious whereas it's not so serious in adults. we need to take all these factors into consideration and also the fact that children urn the age of 5, obviously, can't be vaccinated, many of those also hospitalized have understood lying medical conditions. so that's why it's important for the rest of the us to take precautions, wear our masks, get your vaccine, your booster, do everything we can to help protect those who are vulnerable or not eligible to be vaccinated. arthel: what an excellent point you make there. you have a freedom to do what you will with your body, but you don't have the freedom to infect others, so wear the doggone mask. some patients were admitted to the hospital for non-covid-relateddish shaws, so when you mentioned the children 5 years and older who are eligible to get vaccinated, do you recommend? as you well know, there are many parents who are still unsure, afraid or hesitant to get their eligible children vaccinated. what do you say to those parents? >> so what i would say is, first of all, thousands of people have been given this vaccine over the age of 5, and it's been shown to be safe and shown to befect i have. fortunately, the incidents of serious complications in children is low, but some children can become ill; children who have cystic fibrosis, diabetes or if they're obese, if they have asthma, it's important to speak to your pediatrician, understand the risks and the benefits. there is an overall benefit, and it can make a difference between hospitalization or a minor cold, sniffles, that sort of thing. >> arthel: do you recommend the vaccine for children 5 and over? >> yes. anyone over the age of 5 eligible to be vaccinate should be vaccinated to protect themselves, minimize their symptoms, reduce the risk of spread to others, reduce the risk of hospitalizations, absolutely. the vaccines are safe, they're effective. they can't prevent you from picking up covid, but they can prevent serious complications like, for example, multi-system inflammatory disease. also children can develop what's called long covid, fatigue and short isness of breath. so it's important that everyone be responsible and bet your vaccines. arthel: and finally, you mentioned the long covid, that's what some parents are grappling with. do i want -- you don't want either, but what's the lesser of the evils, long covid or whatever potential residual effects that could happen in their bodies due to the vaccine. >> right. that's correct. again, the incidence of complications is low. myocar diets is low, severe complications are low, but it can happen. it can happen to your child. again, most churn who are hospitalized do have underlying medical seasons, so it's not a one size fits all on who needs what treatments and what vaccines. it's always good to speak to your to pediatrician to know what a's best for your child and family. arthel: dr. jeanette if nesheiwat, thank you very much. take care. >> thank you, arthel. arthel: eric. eric: there's a shocking tragedy in connecticut that claimed the life of a high school hockey player there. and a warning, the details are disturbing. the tenth grader died in a freak accident. teddy fell to the ice during a game between private schools on thursday, and he was cut by another player's skate blade. charles watson has more. >> reporter: just a horrible situation in the world of ice hockey are calling a very rare accident, one that claimed the life of tenth grader teddy balkan who was a student at st. luke's, a private school in connecticut. he was competing in the junior varsity hockey game at brunswick school in nearby greenwich thursday evening when the tenth grader pell to the ice. while he was down, authorities say a nearby player couldn't stop in time and ran into his neck with the blade of his state. the game stopped almost immediately to get the young man medical attention before he was transported to an area hospital where he was later pronounced dead. it's not clear if the sophomore was wearing a neck guard at the time of the incident. while usa hockey recommends players wear one, they're only required for goalies. even then some say there's no guarantee a neck guard would have prevented this unusual incident. >> one of the problems with the member guards besides them being so cumbersome is they didn't eliminate the risk of laceration, and sometimes the skate would move to another part of neck and still penetrate if that was what was going to happen. so these aren't flawless. >> reporter: again, communities both in are mourning the loss, some nhl stars sharing photos of hockey sticks outside their homes. the nhl saying, tweeted it mourns the loss of teddy, a member of the hockey family ross too soon. philadelphia flyers right wing cam attkisson tweeting he's heart broken for the balkind family and everybody teddy knew. a horrible tragedy playing this game we all love, and new canaan hockey tweeting mpled ted teddy was a wonderful young man, always smiling, a terrific teammate. no words adequate for the grief with we are feeling. and, eric, what we know right now is police are continuing to investigate this, but all signs right now look to this to be an unusual just freak accident that happened. eric:? eric: just horrible. our hearts and shies, of course, to teddy's families and all the other families in new canaan, connecticut. they're putting hockey sticks on their front doors as a symbol to honor and remember teddy. charles, thank you. arthel: yeah. to the family as well as hockey players, they have to be devastated by this as well. so the supply chain crisis is now causing shortages of alcohol. why your favorite drink is getting harder to find and costing you even more. that's up next. ♪ ♪ look, serena williams... matrix... serena... matrix... serena... matrix... ♪ get your tv together with the best of live and on demand. introducing directv stream. a must in your medicine cabinet! less sick days! cold coming on? zicam is the #1 cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! it's time for our lowest prices of the season on the it shortens colds! sleep number 360® smart bed. what if i sleep hot? or cold? no problem, the sleep number 360® smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. and now, save $200 on the sleep number 360® c2 smart bed, queen now only $899. plus, 0% interest for 36 months and free premium delivery when you add a base. ends monday. eric: you know, the holidays -- the white house says the holidays went off without nearly a hitch. sales were up, and the supply chain is moving. but, you know, we're toll one thing that people used a lot of, and and that is booze. the shortage of alcohol can and liquor in some places. ethan wayne is the son of the eleven general dare actor john wayne who runs duke spirits, and the ceo of the company. ethan, welcome. let me first start with you. manages oh, man, was your father iconic. what an individualistic, iconic american, as you know. >> yep. eric: before we talk about the supply chain, how'd you start doing duke spirits? >> well, we have a family company called john wayne enterprise where we preserve and protect the name, image and likeness of my father. my brother ran it until the day he died, and then my family voted me in. and as a little boy, i spent a lot of time with my father on location or on the boat, and the one chore i thinks liked the most was carrying cases of bourbon and tequila around. [laughter] so when it came to be my time to run the company, i looked at some of the products and knew we had a significant archive of his actual liquor that had been saved prosecute data he tied. -- the day that he died. i'd known chris, and we went over this and looked at it, and we saw that it was timeless taste. it was good, old-fashioned american or mexican quality. and that's what you find in the duke bourbon or duke deteal la. eric: and he made it himself? if he had his own recipe? >> no, no, no. he enjoy joyed it, but he didn't make it himself. he had a lot of interests, but he was making two films, six months just working and then three wives and seven kids, you know -- [laughter] eric: yeah. not a lot of time on his hands. there you're looking at the product which is american made which, chris, leads to you. the chinese restaurant in my neighborhood can't even get chinese beer. it's all on the freighter in the pacific ocean. how bad is the supply chain issue with spirits, and what are you seeing? >> well, number one, thank you so much for having us on the show. spirits are unique in the sense that there's sort of three tiers to the system, you know? we produce, we crafters in states and mexico, we sell to distribute e, and they in turn sell to retailers, so we all have issues with trucking, warehousing and staffing. we have encountered a number of different things, and it's primarily trucking. fortunately, we make our own bourbon, we have great supplies, we preordered glass. it's hard to make changes in what you need and fortunately in mexico, we have amazing partners that are making it, our glass needs, packaging needs and, obviously, harvesting the agave. again, at every level of the chain, you know, you have someone having an issue with trucking. and not only that, it's just -- eric: and why can't we just buy american made, chris? >> well, we are american made. eric: yeah. >> pallets and pallets of duke bourbon sitting in the warehouse in western kentucky waiting for people to concern waiting for trucks to pull it up. eric: and sometimes you can't get the trucks to distribute it -- >> so you understand, we have bourbon from kentucky, 100% american made, and then tequila from mexico. eric: ethan, mississippi's got wineries, why can't we just try and stick to our country when it comes to indulging? >> well, because mexico has the great agave plants and the terrific tradition of manufacturing a fabulous spirit called tequila. [laughter] eric: that's ad good answer. ethan and chris, thank you so much. >> thanks for having us. eric: my mom was an actress and when i was a kid met your father, there's a picture, man, was that exciting in the shaun household. >> he was a great father and, obviously, a terrific actor x he also a had a legacy of fighting cancer that he was not aware of. we've done that with the john wayne cancer foundation, and i would encourage people to look at it, see if they can join us and help beat this disease. ing duke spirits does, and together we can make that happen. eric: what a wonderful cause. the john wayne cancer foundation and some of the proceeds go to help fight that deadly disease. good luck to both of you, chris and ethan. >> thank you, chris. thank d. arthel: thank you, eric. well, alec baldwin is still urn the microscope over the deadly prop gun shooting on the set of rust in october. two things investigators still want from the actor and producer. ♪ ♪ defenses, too. because a healthy life. starts with a healthy immune system. with vitamins c and d, and zinc. getting out there has never tasted so good. try centrum multigummies. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire it's a thirteen-hour flight, that's not a weekend trip. matching your job description. fifteen minutes until we board. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? 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what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. arthel: investigators are still searching for answers about the deadly prop gun shooting on the set of the film rut last october. rust. police in two states now trying to get alec baldwin's cell phone. christina coleman is live in los angeles with details. >> reporter: yes, this is the latest twist in this investigation. authorities in new mexico are now working with authorities in new york to try to get ahold of baldwin's cell phone. quote: the sheriff's office has received a request from the new mexico authorities requesting assistance in obtaining alec baldwin's phone, this has been forwarded to the sussex county da's office to work out the differences in laws between new mexico and new york. last month baldwin's attorney said they proactively get a warrant to obtain his phone to protect his family and personal information that is unrelated to this investigation. a search warrant was issued for the device on december 16th, nearly two months after the deadly october 21st shooting on the set of rust. but baldwin still hasn't turned over husband phone. we eached -- reached out to bald baldwin's attorneys and have not heard back. baldwin said he is not responsible for the tragic incident on the set of rust on though he was holding the gun when it went off, killing hal that hump chens and injuring the film's director, baldwin denies pulling the trigger. baldwin also said he was told prop gun was cold meaning it didn't contain live rounds. >> i feel terrible, what's happened to hanna, i do. i feel terrible what happened, i do. i mean, this is something where, i mean, as far as i'm concerned, someone put -- the investigation's going to find out, but one put a live bullet in a gun, a bullet that wasn't even supposed to be on the property. and this is the thing, i hope that the sheriff's department doesn't give up on -- >> reporter: baldwin's claims are part of this ongoing investigation and the da's office says it could take months before it's over. arthel? arthel: christina coleman live in los angeles, thank you. eric: that's it for us, but we're back at 4 p.m. eastern time with more news here on the fox news channel. by the way, thank you for trusting us. right, arthel? arthel: thank you. ♪ try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. every business is on a journey. and along the ride, you'll find many challenges. ♪ your dell technologies advisor can help you find the right tech solutions. so you can stop at nothing for your customers. ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom ♪ ♪ for me and you ♪ ♪ and i think to myself ♪ ♪ what a wonderful world ♪ a rich life is about more than just money. that's why at vanguard, you're more than just an investor, you're an owner so you can build a future for those you love. vanguard. become an owner. ♪ ♪ david: welcome tothe journal editorial report. i'm david asman in for paul gigot. covid-19 cases fueled by omicron, continuing to spike all over the country with the u.s. smacker previous records for nes amid an ongoing testing shortage and increaseing frustration over mixed messages from the administration. some former advisers calling on president biden to shift his focus from defeating the virus to

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