updated in december, the fda says there are a number of factors to consider when determining who is at high risk as a patient and who will be eligible for certain covid treatments. age and obesity are the top ones. but the fda says race and ethnicity should be on that list. the new guidance reading this way, other medical conditions or factors, for example, race or ethnicity, may also place individual patients at high risk for progression to severe covid-19. now, i want to point out that unless someone got a medical degree over the weekend, none of us are doctors but we all live in the real world. and it jason, when you are asking people to do things and mandating that people do things, a mix prioritizing other people specifically difficult i would imagine in this environment. >> jason: i can't believe we are in a place in this country where triage is going to be based on race and ethnicity. i just don't understand that. so much for barack obama to say, we are not the red states or the blue states, we are the united states. him so much for that. this president and administration is doing more to divide us and you could possibly imagine. i can't imagine there is any medical ethicist that would come back and say this is the proper way to do it. and if they are going to do it on the treatment, i wonder what they would say if we said may be on the prophylactic measures, based on race and ethnicity, those people should be wearing masks. are you kidding me? that's absurd and ridiculous. this is a kind of discussion we are gravitating to. thanks fda. >> harris: that's really interesting, because what you are saying is, if we are telling people to be safe, doing only tell certain people to be safe? that is a fascinating question. well, doctors have a thought on this, particularly a black doctor, former surgeon general dr. jerome adams under president trump last hour on the focus. watch. >> we can't blame and shame people based on who they voted for or the color of their skin. what we need to do is really demand of this administration, they are getting more testing available, getting more treatments available so that we don't have to make these horrible choices. >> harris: so, kayleigh, the question got to that point because i asked a simple question. two people show up at the e.r. and one is black and one is white, they are both will be have morbid preconditions. you are going to pick the person with a darker hue. why? >> kayleigh: it makes no sense. well set by dr. jerome madden, i worked with him. he is a man who always did it right, as he did so just there. harris, it's interesting to me how states are operationalizing now. you have the fda, a federal entity, suggesting that race should be a basis for potentially administrating therapeutics. what's happening on the state level as they are really grabbing onto this. in utah they do a risk assessment by points and you get two extra points solely based on the color of your skin. so not by comorbidity, just by the color of your skin. you hop over to minnesota and that they immediately say this, the fda acknowledges that race and ethnicity alone, apart from risk, apart from underlying health conditions, may be considered in determining eligibility for therapeutics. that is a a stunning make and they are seizing on that federal government language. i got to the point where i was reading "the new york post" that a staten island doctor went to go get -- administer prescriptions for it to patients on the pharmacist literally said to him before i authorize these prescriptions, disclose the person's race. the two patients did happen to be white and they did happen to get the therapeutics, the premises says they are collecting this data for reporting purposes to the city. but what a scary place, but now to get a prescription they are asking her to disclose your race, stunning. >> harris: what are they doing with that information? they are collecting it for the city but what are they doing for the city without information? jason brought up something that is so critical and it's about division in the country. so if you want to look at someone and say they probably don't have health care because of where they fall economically, let's pull that person forth. because there preconditions are probably off the charts, that's one thing. but race and ethnicity then throw this into a whole different category of division. >> harris: it feels like to me reparations and they certainly are going backwards on that. they are actually sharing more ideas for segregation in more ways to break apart but you have to look at the motivation. why do you want americans, black versus white, straight versus a, what is the benefit for democrats. i think it's pretty easy. if we are all fighting each other and all fighting our fellow americans and what this is doing and feeling our country, but we talked about this on the show before. we want to talk about health and safety, certain groups that have more vulnerabilities, let's talk about that and the health and safety in this community. the same democrats are preaching health and safety, and we realize how many times what the government has failed and may be more government is not the answer because i certainly seem to know what they are doing. >> harris: i want to talk about the add-ons in this guide because what tomi is talking about is very true. and i read it in the guidance as we got into this hour. so it will be age are really up there. the add-ins parenthetically were raised enough in the city, example of something that they would like to also have on the list. legally talk to me about that. and it went does become discrimination? so harris faulkner and at the 6'4" cute guy that she married, a white guy, walk into the e.r. with biracial children and sometimes it's hard to tell who is white. one gets taken before the other or i get taken, do you think i'm going to go ahead of my biracial children to get treatment? the answer is no. where are we going legally with this? >> tomi: it when you have a law or ordinance or any type of rule that discriminates on the basis of race and that is subject to strict scrutiny which means that entity, the government has to prove that there is a compelling state interest and it must be narrowly tailored, this law, to the state interest for it to pass constitutional muster. as we sort of been talking about in this ongoing conversation, this is a massively overbroad answer to what is a legitimate concern. but the legitimate concern is 2 degrees back. to echo my colleague's comments, it is correct that people of color in minorities are overrepresented to for those who have kidney disease, diabetes and obesity but it's because of their melatonin in their skin, it's because of societal factors like access to health care, access to adequate nutrition and exercise and the like, historically and statistically speaking. it's not about their actual race and ethnicity, it's a stomach things in society that prevent them from getting that same access. this same kind of thing is totally overbroad and therefore unconstitutional, if i could add one more thing very briefly, the risk ratio that you mentioned the tops out for age, and those are actually represented by more white people so it's difficult complex analysis but quite clear when you see it for what it is. and adding on to kayleigh's anecdote from staten island, that politician was absently appalled and said never in my career have i ever been asked -- times. >> harris: i mean all of it, and we have to get real about whose backs and who is not. it's not all about politics. there are a tremendous amount of people who are black and brown, as we say. that chose not to get vaccinated, they don't trust the government and there are a whole list of issues. are we going after that? because the sent administration says it's a pandemic of the on baxter because it's not all about politics. coming up, there are serious questions about the u.s. supreme court's credibility after the liberal justices made several false and exaggerated statements on the pandemic as they were considering the president's vaccine, next. ♪ ♪ with thirty grams of protein, one gram of sugar, and nutrients to support immune health. switching wireless carriers is easy with xfinity. just lean on our, helpful switch squad to help you save with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. get $200 off a new eligible 5g phone when you switch to xfinity mobile. talk with our helpful switch squad at your local xfinity store today. >> emily: supreme court justice sonia sotomayor or facing intense criticism for making false claims about child of covid hospitalizations in the united states. she made the comments during oral arguments during president biden's controversial vaccine mandate for private businesses. listen to this. >> we have hospitals that are almost at full capacity with people severely ill on ventilators. we have over 100,000 children which we've never had before in serious condition, and demanding on ventilators. >> emily: fact-check, not true. less than 48 hours later, cdc director rochelle walensky publicly contradicted justice sotomayor or on "fox news sunday." >> we don't have 100,000, it's roughly 3500 and hospitals now. >> yes. in fact, what i will say, while pediatric hospitalizations are rising, they are still about 15 fold less than hospitalizations of our older egypt demographic. >> kayleigh: if this is just stunning emily to have a cdc contradicting not a tv host but a sitting supreme court justice. i was in the white house at the start of the pandemic, and going back to april 2020 with reviewing cdc data on children specifically, there has never been data to even remotely suggest anything close to what sonia sotomayor was saying. it stunning. >> emily: it is stunning and the only good thing is that the entire world is busy fact-checking her so there's absolutely zero room for anyone to believe what she said. even "the washington post" fact-checkers called it "wildly incorrect. they went on to cite the fact that the department of health and human services as of two days ago report that there are 5,000 children in pediatric beds and that includes those that are suspected of having covid as well as actual confirmed cases and it includes beds that are for observation. so that number that the justice cited is over 20 times that of reality and that the reality that i just said is not limited to those serious cases. meanwhile the cdc reports that children that were admitted to the hospital with covid since august of 2020 number under 83,000. i will conclude by saying that while poe awarded her comment for pinocchio's, which is considered for only what they consider whoppers. >> emily: and the liberal "washington post" rarely with supreme court justices. nbc didn't report the comments and cbs reported on the story but here is what their focus was. >> for the first time a majority of the justices with the exception of justice neil gorsuch, wore masks. >> emily: so they are focused on his masks. >> kayleigh: what a wonderful yet pathetic distraction technique. we fact-checked covid misinformation or put a sticker on anything where you talk about covid or they remove people from twitter altogether for spreading misinformation about covid. where are those folks? because they seem to get very upset when they contradict liberal narratives but when you have a sitting supreme court justice that makes an error of that magnitude, suddenly it's crickets. i'm glad people are acknowledging it but i think that she needs to acknowledge it. quite frankly it's so bad and i have to wonder why which she make that claim? it's not like she was off by a few hundred or even a few thousand, she was off by a huge amount. she needs to own up to it, she needs are correct in an answer why she's trying to spread the covid hysteria. it's not helping anyone in the nation, especially the children who she is talking about who want to go back to school and live a normal life because there are a lot of children, maybe even a hundred thousand who are struggling for bigger problems because school is being shut down and because they've lost two years of in-person education. let's talk about that if we want to talk about kids and keeping them safe and healthy. >> harris: look, kayleigh, tomi is exactly right on that. and at the number of those struggling with mental health, what a tragedy, what a disaster for us right now. you know, with regard to our youngest. but i do think that that justice sotomayor needs to come out and make some sort of statement because while the cdc called out the real facts, because bret baier pushed dr. walensky on it, while that did happen, it didn't address the why of it. and you are right, why did she go for the overreach? why did she jump the shark? jason, we all know that there are politics involved now in every corner of life. we hope that the u.s. supreme court is able to keep its individual politics out of things but you know what they can't do? they are not entitled to their own facts. so if justice sotomayor aura wants to show the stripes of her politics, i don't know if we can stop her but we can't accept her as someone lying about this facts. >> that leads us to ask, it's not just the back pairs as you point out. let's play this clip. we have some rather bizarre comparisons that she has made between human beings and machines. jason, you are up next. and why is a human being not like a machine, if it's spewing a virus. there's about 40% of dead people who if you touch their feet, the foot will recoil. there are spontaneous acts by dead brain people. >> jason: dead brain people. [laughs] i think she needs to come clean. and just wait until they get a hold of the supreme court justice. >> harris: it you think you're going to suspend anything? i don't know. >> probably not. >> i will say this. i will come say this, there were 750 million new cases and that's more than the united states population so maybe the supreme court justice, particularly the left wing needs some covid education here. it's really remarkable. coming up, new york city democrats granted nearly 1 million noncitizens the right to vote in the local elections. it's a move that some are calling dangerous and unconstitutional. walk in, or call 1-800-aspendental. it's my 4:05 the-show-must-go-on migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes, without worrying if it's too late, or where i am. one dose can quickly stop my migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do 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called the legislation dangerous and unconstitutional, but the new mayor is defending it this way. >> i think it's imperative that people in the local municipality have the right to decide who's going to govern them. >> harris: is so jason, former secretary of state under president trump, mike pompeo, joined us last hour and he said it's my job to make sure the people who needed passports got them. he said it's offensive to think that foreigners would actually try to vote in our elections. he said if they are coming from someplace and they don't have our passport, there are citizens somewhere and that makes them foreigners. >> jason: it's hard not to see with the democrats are doing and they are really triangulating this. they are pushing california and new york to have noncitizens vote and they have an open and porous border on the south allowing literally hundreds of thousands and ultimately millions of people to come to this country illegally, and then you have the democrats saying it's immoral to have a voter i.d. check when you go to vote. nancy pelosi and the democrats are saying there is a major threat to our democracy, if you don't pass our voting rights bill, which essentially federalize as this issue. and then it would be the feds that would be making the decisions about who votes and how they vote and whether or not they could do ballot harvesting, whether or not they can do voter i.d. and those types of things. it's a 1-2-3 punch that the democrats are pushing because that's how they think they would in future elections. >> emily: the argument in part here is that it dilutes that right to citizenship come out that it sort of undermines the gravity of the right to vote. legally speaking, one argument is that it dilutes the states interest in the goal of having people become naturalized citizens. now here in new york state, the constitution explicitly reserves the right to vote for those citizens 18 or older so, one argument is elsewhere in the constitution, they draw a difference between residents and citizens. here if you are talking about citizens, it seems pretty clear and they are reserving that rights exclusively to citizens. on the other hand, states are given broad latitude to determine their own elections on under the home rule rule and in new york sits in state noncitizens can build and school board elections. so they have come out and say this doesn't affect other laws, it is in a conflict with other laws so it will stand but that being said, i think the intent of the constitution was clear. so if this goes to court it's a toss-up as to whether it will stand. >> kayleigh: it was interesting about this is the 30 day provision. it's so amazing to me that you could be someone who illegally crosses the southern border, somehow gets up to new york, you are here 30 days and then you have a say in voting matters in new york city. i mean, logic tells you that is absolutely ridiculous. the good news however is what emily said and i do think that you have challenges to this, the constitution is pretty clear in the state about every citizen and i think it can be overturned. interestingly to me is that eric adams chose to green light this one up bill de blasio who was about as far left as you could get is a politician said he had mixed feelings about this and he probably wouldn't veto it but he thought this probably wasn't the right way to go. so it is curious to me. even bill de blasio said it, this would be a little bit too far but eric adams chose to green light it. >> tomi: what a disappointment. i think i was on the show last week talking about the promise of eric adams and i said we need more democrats like him. while i talk about that, this was a slap in the face of becoming naturalized citizens. people that come to this country the right way and a truly want to live the american dream in this dd incentivizes all of that. but i'm glad jason brought up the bigger plan for the democrats because they don't care about representation, they don't care about the american dream. they care about both. they want these people don't like people to be indented by the american party and that's our backup plan because are failing so miserably with legal, illegal citizens and it failing so badly with us that they are doing x like this. i believe this is the pilot program for what they want to expand for the rest of the nation and the only safeguard that we have against things like this is great governors and great state leaders that are willing to step up before they federalize the election which i believe they want to do comics to stand up like ron desantis and others have and put a firewall in their way because they must be stopped. >> harris: coming up, the democrats far left policies have been largely blamed for the crime surge across america and now they are being called an assault on police. you're never responsible for unauthorized purchases on your discover card. ♪ ♪ just two pills for 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call your doctor now and ask how prolia® can help you. veteran homeowners. 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. >> harris: a big tragedy early in the days of this new mayor is watch. they are talking about what's believed to be a faulty space heater blamed for 19 people come up many of them one of the worst fires in modern nyc history. that's watch the mayor for just a second. what he's saying, and obviously, 32 sent to hospitals around the bronx. and a life threatening conditions. we are told the fire commissioner said sunday he gave us those details but that it was one of the worst fires in new york city history. the second major fire in a week. on the east coast and you know about the one that played out in philadelphia. >> that's how much they brought life to the school and not only did this fire leave a burning pain in the hearts of people in this community, but it has left a burning pain in the children and the teachers and the faculties of the school. we will support these schools in every way possible in the coming months, educators and students and staff, all of them realize we are going through a traumatic moment, but we want to be there for them. it's clear that these families and the entire community is receiving support across the country. it just a few moments ago, i received a call from president biden, and he has made it clear that whatever we need, the white house is going to be there for us. >> harris: we are watching the brand-new mayor of new york city deal with the second largest fire that we've seen certainly in recent times. at the first was down in philadelphia, pennsylvania, down in the philadelphia area just last week and then this one they are saying possibly a faulty space heater blamed and we do know that some doors were opened, left open, so that meant but the smoke inhalation was going to be really, really set off by all of this. people were going to suffer inside of that building because of all of the smoke and it decisions to leave doors open and that sort of thing. we will cover it as we have been in our those families. >> emily: yesterday was a national law enforcement appreciation day but here on "outnumbered" come every day is a law enforcement appreciation day. that comes as critics say that continued push for soft on crime initiatives and liberal lawmakers put them at greater risk. one of the top republicans in the house, minority whip steve scalise calls out the fox news op-ed. he writes democratic far left rhetoric policy and actions have jeopardized the safety of our nation's law enforcement officers and made our community is much. much less safe. the district attorney here in new york city, district attorney bragg's said as he was reforming these laws, as we know, he said he didn't want to "ruin the lives of low-level offenders." but with this extreme approach, what about the victims lives being ruined, especially overdose victims, addicts and their families not to mention the lives of law enforcement, upending those who have zero consequences for our actions. >> jason: 487 police officers lost their lives last year serving our community is. it's time for the citizens of this country to vote, just the citizens as i believe, to actually stand up and say, we are not going to empower prosecutors who don't enforce the law and we will have the backs of our police officers. i want to have somebody with a gun who is trained and brave who runs to the calls, not someone who is worried about their body cam working right, and is scared to death to actually engage with somebody who is, at the time, assaulting somebody or attacking somebody. i'm tired of people saying we need more community response and we need the psychologist to go and responded to domestic abuse. that's not the way it works, folks. i want a person with a gun and i want the law enforced. the citizen actually will take their boats to the ballot and make these changes, and not i'm guessing these democrats will continue to get away with not supporting our police and it not the law. >> emily: he wrote an email on friday saying reviewing those policies and regulations coming out of the d.a.'s office, she wasn't "concerned for the safety." >> tomi: and we all should be. we all know we need to appreciate and support law enforcement, a little goes a long way in the raising their morale and feel supporting when they do it, and i think americans are sort of realizing that we need law enforcement and we had to line up the hard way. that's also the policies that we need, and i don't know if the average american knows the policies and the people in charge that are also making their cities and states unsafe. they need to make that connection as jason said and understand that the vote matters more than just the president or the state senator or senator of the united states, they need to know that these make policies of the local level, and getting rid of these bad people and bad policies that are in large part enabling us to have been on daily basis. >> emily: harris, the commissioner went on to say that she was gravely concerned about the safety of the police officers and the safety of the public and justice for the victims. what's interesting about that is, we know mayor adams was elected in large part on the fact that he campaigned on public safety being number one priority, that they would no longer be a city of violence. and on his inauguration night, he swore, he won't sell guns and drugs on my street. he proclaimed to those he said were gang members and yet here we have a d.a. that's wearing the opposite. >> harris: it will be interesting to see if the two of them end up facing off. as i said when the reports first came about, but this manhattan district attorney wanted to be soft on crime, eric adams the new mayor had made promises as an nypd police officer for 22 years that were oppositional to what the d.a. was saying. i don't know how that plays in politics, i'm not a politician. but if it doesn't play out like a word fight, i think everyone will be disappointed. either he meant what he said it, or he didn't. there's not a lot of middle ground here. but you know all of this worsens things that make the city unsafe. it causes people not to have confidence when they call 911 that they are going to get hurt. and that's the bottom line of the city. and no matter how much money george soros pumps into the d.a. and others being hired into their political campaigns, that money doesn't go to the bellies of the children who need to be back in school, and it to take care of those police officers who are wounded. he may have a vision and others may have a vision politically, but the city was counting on somebody coming in and having a plan and a strategy. >> emily: kayleigh quickly, do you believe they will abandon before midterms or will it just like them? >> kayleigh: i don't think it will abandon them, i think they are trying to distance themselves but do you think ilhan omar and rashida tlaib will drop all this police nonsense? i don't think so. interesting test case though in new york city. you have eric adams and this radical district attorney who was elected, and i respect him and he was a great prosecutor. so you have this radical who is at odds with the eric adams agenda and eric adams was against defunded the police and he actually supports stop and frisk if used legally, and now saying these policies will cause violence to come up on the profession of police, he's got a cabinet if you will. not technically called a cabinet but a group of officials who are around him at odds. now it's time for mayor adams to lead us through this and side with the police commissioner. >> harris: did you see who he appointed this weekend? his brother to the chain of command. he's also a former police officer. this three you talk about the d.a. being radical, know that mayor adams and his first speech as mayor said that his policy would be "radically practical." coming up, leonardo dicaprio lounges on board his massive fuel burning super yacht as he preaches about climate change. we have a lot to say about this. stay with us, guys. ♪ ♪ 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. ♪ ♪ it's your home. with 30 grams of protein. and there's no place like wayfair to make the morning chaos, organized chaos. however you make it, make your home a place like no other. superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance. ow! i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. >> kayleigh: we are reading a white house press briefing, lots of news to get to and we will be talking to jen psaki when she begins. peter doocy in the newsroom and school isolation taking their toll on americans children. at this as chicago's teachers stay home and close their classrooms were a fourth day. martha maccallum will react. and what's the biggest issue on the mind of the american voter as we move full steam ahead into a midterm election year? some brand-new polling reveals just that. our econ panel is here. byron, e.u. works on dems attempted to force an election overall. come join us as "america reports" at the top of the hour. >> kayleigh: leonardo dicaprio is getting slammed as an environmental hypocrite after lunging on his $150 million yacht. this is one of the big world's biggest and environmentally unfriendly cypriots. it set to produce as much carbon sailing just 7 miles as an average car does in a year and a cost nearly 300 grand to fill up. oh, kayleigh. just another example of hollywood hypocrisy. what do you make of this? >> kayleigh: you can't make this up, it takes $115,000 of diesel. he says i don't on this, this is my friends. i don't care who owns it, you're embracing this kind of lifestyle on one side while also being a huge climate change activist on the other. but i'm going to advocate here on the "outnumbered" that we start doing a slow scroll of climate hypocrisy. we do it for covid but as flagrant as covid hypocrisy is, so, too, is hot climate hypocrisy. think about how many celebrities we've caught doing this, meghan markle and prince harry, four private jets in as many days, john kerry imaging is many times the carbon is an average an american vehicle and his family dead. james cameron, this guy owns motorcycles, cars, yacht, helicopter, a fleet of submarines. we need a slow scroll brought back for climate change. >> emily: i love slow anything, slow clap, slow scroll, and unfortunately it would scroll the whole hour since there are so many. especially in southern california, like steve jobs, the late steve jobs' wife and his widow, and for all of her preaching about climate change, he's been a incredibly destructive on that fragile ecosystem on the climate change. >> kayleigh: a lot of these folks are actresses and actors by trade, so, they are not going to toe not any of that down. what we should do, and they feel like they've done their part. but they really done nothing. they've done far more than any of us to destroy the planet and they feel that, they have an platform to preach. you never see any of them driving a previous and nothing else. not going to a red rabbit in a black suv or a limousine, you never see any of them flying commercial. they want to live their lifestyle, and those pipeline workers, and they are having a grand old time. >> kayleigh: pres is offset a billion times by that super yacht, right here is? >> harris: i don't care what he says, i don't care. i don't care and i can vote with my feet and never see it another leo dicaprio movie. i have a choice, i don't care what he says. >> kayleigh: at that of speaks in part to that performative. and it dilutes the messaging, and people are absolutely onboard with learning how they can help save our planet, and all it does is take anyone back two steps. >> jason: i take a look at that picture and i'm like hey leo, shave those pits, will you? don't show it again, save those pits. come on man, do us all a favor. >> kayleigh: at the segment went a whole different direction than i expected. >> harris: why would you consult with someone who is not a science a scientist? and clearly doesn't believe it because he doesn't live like he does. >> kayleigh: moving forward, imagine this. you start a new job and your boss says you will get $5,000 to quit after just two weeks. i do you take it? up next, why one ceo is making this unusual offer. ♪ ♪ ♪ ♪ learning is hard work. hard work requires character. learning begins in faith. it must move upwards toward the highest thing, unseen at the beginning - god. and freedom is essential to learning. its principles must be studied and defended. learning, character, faith, and freedom: these are the inseparable purposes of hillsdale college. 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 >> well, as the great resignation sweeps america's workforce, one c.e.o. is offering $5,000, get this, for new hires to quit after two weeks. he says it's a powerful thing for them to turn down the cash, opt-in and commit and sets the stage for a great working relationship. jason, when i first heard this i was like excuse me, what? >> yeah, but i'm two thumbs up, good for the c.e.o. he's calling their bluff. if you spend all that time training them, hey, let's make sure they are all in. no excuses. >> harris, interestingly, he does say if you turn down $5,000 to stay here you are committed. that's true. >> yeah, i guess. i want to know if i take the money, though, how long do i have to stay? because i'll take the money and i'll stay that requisite amount of time and move on. we used to have a workforce where people felt like they were part of something great. they were in a job and do that job as well as you can no matter what your responsibility is because it builds character. that's what i'm teaching my teenager. i can't imagine her first job is going to pay her five grand, right? when she gets out there to work at whatever she works part-time in school. i mean, i want her to be there for the work ethic of it all and if they want to pay her more, great. but this makes me feel greedy, four weeks later, see ya, and count the cash. >> emily, when he was offering 2,500, none of the 38 employees quit. i was stunned by that. >> that's what the at will or probationary periods are for, it's inefficient and wasteful. paying someone five grand to quit? >> totally. thanks to everyone. now here is "america reports." >> sandra: terrifying surveillance video, a man walks into a burger king in east harlem demanding money. moments later the suspect shoots and kills a 19-year-old cashier leaving with $100. >> internal memo warning police the new d.a. approach do increase danger to them and the