Transcripts For FOXNEWS America Reports With John Roberts S

public. brian kilmeade with more on this later this hour. >> sandra: first, another fox news alert, president biden sweeping vaccine mandate for large employers begins today. millions of americans could be impacted by the far-reaching policy as we await a ruling by the supreme court. hello and welcome as we begin a new week here. sandra smith in new york. hello, john. >> john: john roberts in washington. the mandate requires employees with more than 100 workers to be vaccinated or undergo weekly testing. the high court will rule whether it's a public health order or government overreach. new guidance from the biden administration prioritizing race when it comes to covid treatments. the recommendation advising a person's race and ethnicity could deem them high risk and that could more quickly qualify them for treatments like monoclonal antibodies. >> sandra: peter, you will be in the room, why is race considered with covid treatment options? >> explain on page two of the memo, new york department of health does why they are doing this, why the reasoning is. nonwhite race or hispanic social inequities have resulted in an increased risk of sickness and death of covid-19. but wall street journal says it's unfair or possibly illegal, democrats who control new york reinforce the ethnic divisions that grew during donald trump's presidency. and now the mayor is probing mandatory vaccinations. >> doing an evaluation to determine if that's what we do. >> the new mandates are considered in new york even though the c.d.c. says their data proves that students are not exactly the most high risk. >> comparatively, the risk of death is small but of course you know, children aren't supposed to die. so if we have a child who has been, who is sick with covid-19 we want to make sure that they, we want to protect them. >> a lot of questions where president biden comes down on all of this. the first briefing of the week with jen psaki half an hour away. sandra. >> sandra: ok, peter, we'll see you in a few minutes. john. >> john: looking forward to that. chicago public schools cancelling classes for a fourth straight day as the district and teachers' union continue to disagree on covid protocols. that's as medical experts warn about the true toll the pandemic is having on american students. more on all of this, a lot of people are up sit, gillian. >> american academy of pediatrics and others have declared a national state of emergency in children's mental health caused by covid. the c.d.c. is reporting a dramatic rise in adolescent e.r. visits for mental health crisis. grief, anxiety, depression, children have endured assault of the closures and forced isolation is now boiling over. one mother tells fox news her high school son behavior changed during his month, the months his school was shut down. >> he was failing, he fell into a deep depression, not a lot of communication between us. he was wandering, pacing, really almost -- it was not a good thing. you could see the anxiety was bubbling over. >> suicide attempts among adolescents are rising sharply, girls, by 51%. boys are not immune. take a listen to this mother. >> looked at me in my face before he went to bed and he said i'm really praying i can fall asleep so i kill myself, and he was nine. >> child psychologists say it's normal for children to feel intense negative emotions when separated from their peers. listen. >> in spite of the development they want to be with people their age and learn what thinker identity is, they engage, they learn about themselves. >> a lot of parents report crying and disruptive behavior among the younger kids and increased violence among adolescents. if your child or a child you know needs help, call the suicide prevention hotline 24 hours a day. >> john: thank you so much. sandra, i don't know about in your circle but my circle all weekend long, all anybody talked about was school, our school was out for snow days all last week and then many other schools closed because of covid, with the highlight being chicago. and parents are saying why are we back to where we were a year and a half, two years ago? >> sandra: it is heartbreaking some of the stories and what every parent is talking about, how important it is for the kids to be back in school. c.d.c. says they should be back in school. the far left mayor of chicago says they should be back in school. these kids, it's been a rough couple of years, and it's our job as the adult to get them back in the classroom. all right. we'll keep following all that. meanwhile, democrats are fighting for a path forward to overhaul u.s. elections despite not having votes to do so. chuck schumer is now urging his colleagues to support changing the filibuster, a key senate rule. house majority whip weighed in on fox news sunday. listen. >> i have side the filibuster ought not be applied if constitutional issues like voting. we do not allow the filibuster to get in the way of the credit of the united states of america because it would jeopardize the future of this country. >> sandra: all right. so let's bring in byron york, chief political correspondent for "the washington examiner." great to have you here, byron. it appears chuck schumer is forcing members of his party to pick a side on this issue. going farther than we have seen him go before on it. where does it go? >> probably nowhere. i mean, the democrats' biggest problem has always been in this last year that they do not control the majority of seats in the u.s. senate. it's a 50/50 tie, they have to depend on vice president harris to break a tie. so, to do this, when every single republican opposes them, they have to get all 50 of their members together to vote and then have vice president harris break the tie. right now we know that senators joe manchin and kirsten sinema oppose getting rid of the legislative filibuster. we think that there are others who are very nervous about that because they know they are going to be in the minority some day and the filibuster will come in handy to stop republican measures. so schumer has a very, very hard time getting this done. >> sandra: not to mention how far he has come on this issue since back in 2003 and 2005, play the tape. >> we are defending the constitution. we are saying there should be some balance. they want to make this country into a banana republic where if you don't get your way, you change the rules. it will be a doomsday for democracy. >> sandra: a doomsday for democracy. and here we are today. such a change of heart. >> yeah, it's kind of hard to, not to laugh about that. and by the way, that was back in 2005 and if you say gee, that was a long time ago, in 2017 in the trump administration 32, 32 democratic senators signed an open letter opposing any changes in the legislative filibuster. they had turned on a dime on this to try to get their current agenda done and the question is, is any of this pressure they are using going to actually work on manchin and sinema. so far it hasn't because they know, like every other senator should, that they'll be in the minority again soon enough. >> sandra: just a reminder as you mentioned, the balance of power on the screen, having kamala harris the tie breaker in this and having democrats holding a narrow senate majority considering that point. if this were to happen, if the filibuster were eliminated, does this allow them, and let's keep in mind that you said this is unlikely, but if they were able to, does this mean that they could go on and pass more bills and enact a whole lot more change? >> absolutely. if they could get -- if there were no legislative filibuster, and all 50 democrats agreed on some measure and of course there is a democratic president to sign a bill, and there's a democratic house, tiny majority there, but it's a democratic house, sure, they could pass all sorts of things. they could add states, they could increase the size of the supreme court, they could do all of those things if they were united. and that, by the way, is one of the threats that republicans are making to democrats. if you kill the filibuster now, there will come a time when there is a republican house and senate and a republican president and we can pass all sorts of pro life measures, gun measure, all sorts of things democrats hate and have used the filibuster to stop in the past. they won't be able to stop it in the future. so there are promises of total war in the future if this happens. >> sandra: key point to be made. thanks very much. good to see you. >> john: devastating fire in the bronx over the weekend killed 17 people, including eight children. >> nine, and you were able to get out, right? >> yes. i was more worried about my family. >> john: what caused the deadliest fire in new york city in 30 years. we'll have that for you. >> sandra: 19-year-old girl who just started working the late shift at a harlem burger king gunned down in an armed robbery seen on tape here in new york city. how many more tragedies thanks to what critics say is a soft on crime d.a. brian kilmeade has a lot to say on this. he'll join us live next. and it's easy to customize your insurance at libertymutual.com so you only pay for what you need. isn't that right limu? limu? limu? sorry, one sec. doug blows several different whistles. doug blows several different whistles. [a vulture squawks.] there he is. only pay for what you need. ♪liberty, liberty, liberty, liberty♪ moving is a handful. only pay for what you need. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. >> sandra: new york city mayor eric adams is warning more deaths are expected after 17 people, including eight children, were killed yesterday from a fast-moving fire in the bronx. city officials are calling this the deadliest fire in gotham in 30 years. firefighters responded in three minutes after the emergency call. mayor adams detailing the heroism of the men and women who rushed into the burning building to save lives. >> some of these firefighters, their oxygen -- their oxygen tanks were empty, and they still pushed through the smoke. you can't do this if you don't feel attached to the city and this community, and i really want to thank them for putting their lives on the line. >> sandra: they say a malfunctioning electric space heater along with a wide open apartment door caused the fire to spread rapidly through the building. john. >> john: such an unbelievable tragedy and one a couple of weeks ago as well. just all those poor people. >> sandra: and we salute those that ran into the fire and the smoke to save as many people as they could. so tragic. >> john: why they call them new york's bravest, no question about that. >> sandra: absolutely. >> john: horrific armed robbery at a harlem-based burger king, a gunman killed a 19-year-old girl cashier, as the new d.a. is getting slammed for the soft on crime policies that critics say will make the city more dangerous. "fox and friends" host brian kilmeade. her mother crystal must feel bad as well, she said mom, i'm scared, i don't want to go to work, and she said you have to live up to your responsibility, and she was killed that night. and he had the gun and waved the gun around, got $100, and on the way out the door turned around and shot her dead. how tragic. >> i'll add some to it. also pistol whipped a customer and bunched the female manager at the burger king. 19 years old, there for just three weeks. crystal nieves, and the mom said you have to go to work. if you want to change your circumstances, you live in harlem, you have to go to work. she went to work, felt unsafe and maybe had something to do with 50, 75 homeless outside the store at 116th street and lexington, because she didn't see cops in and around the area and a sense of infallability of the criminals in new york city. criminals have an understanding where cameras are and you know when you walk in you are on camera. his face is exposed here. we are able to pick out friends and relatives by how you look and comes back and shoots her dead. so he's evil and feels he's impervious to crime. you don't get paid much, you sit there and are in danger, killed at any moment. >> john: do you think with the new d.a. alvin bragg saying -- obviously this crook pistol whipped another, and under new guidelines and said i have a gun, give me all your money, that's a misdemeanor under the new rules. is this a glimpse of what's to come? robbers will feel they can go to the places with impunity and the more gunplay on the streets of new york, the more likely it is somebody unfortunately and tragically like crystal nieves will end up today. >> the idiot mayor, we got rid of that we had, at odds with the police department, as a mayor, people don't safe in the streets and the police chief with the great track record and feel great and then the d.a. comes public and talks about not prosecuting or knocking down anyone who resists arrest or assists somebody resisting arrest, you want to hear that's on the books and then you talk about not prosecuting burglaries. if you burglarize something detached from the house or storage room, really? my valuables are in a detached garage and open season, and then wonders what the big thing is. this is a single party city like many, and he got the nomination, got 84% of the overall vote, he thinks he has a slap on the back and move forward. let's open up this -- let's open up this book. you know what the book says? $1 million. $1 million from george soros' book. this is not a conspiracy theory, this is true. houston, same thing. san francisco, same thing. philadelphia, los angeles, same thing. what do you have? chaos. >> john: brian, i want to ask you about a big change of heart from eric adams, the new mayor in new york city who said he had concerns about a bill passed by the city council that would give 800,000 noncitizens the right to vote in local elections in new york city. eric adams says he likes the idea. >> so disturbing, like he said i need my brother to work security because of a rise in white supremacy in new york city. really? this is disturbing, he said something that makes sense. why would you allow someone to vote that has not pledged allegiance to the country. yes, they are here on green cards, they are on the books but have not gone through the process. when asked, well, someone is able to plead their case and i understood it. you understood 800,000 votes most likely to go to democrats, that's what you understand. we see beyond this. i was talking to some immigration attorneys, they say left and right, they say one of the best things about to see someone go through citizenship, put their hand on the bible and swear allegiance to the country. we are letting people vote that don't do that. don't think democrats don't have eyes on making it a national issue. >> john: the first thing i did after i swore the oath of citizenship a week after 2011, i registered to vote, i knew i had the right to do that. brian kilmeade, thank you, hardest working man in television. >> sandra: senator joe manchin strong on his rejection to biden's build back better bill. listen. >> i'm not going to talk about build back better anymore. i've been clear on that. there are no negotiations going on at this time, ok. >> sandra: it appears based on that, talks are at a standstill as manchin issues yet another setback to the centerpiece of joe biden's agenda. larry kudlow will weigh in on the spending bill saga. >> john: don't tell that to nancy pelosi, she think there is. and "full house" star bob saget was found dead in an orlando hotel room yesterday. live report on the details next. k decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ these are the faces of listerine. the face of millions of germs zapped in seconds. the face of clean. the face of whoa! some are of intensity, others joy. all are of... various: ahhh... listerine. feel the whoa! looking to get back in your type 2 diabetes zone? 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ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. >> john: hollywood mourning the death of comedian and actor bob saget. he was found dead at age 65 in a hotel room in orlando, florida. rose to fame starring as danny tanner in "full house" and the host of "america's funniest home videos." phil, what a tragedy. >> totally, and totally unexpected. his death really coming out of the blue. millions and millions of americans are mourning his loss today. many of whom grew up watching him on tv. bob saget, the comedian, but best known starring role on "full house." found dead sunday in his orlando hotel room. according to the orange county sheriff's office, received a call about an unresponsive man. they then found saget dead inside his room at the ritz carlton. detectives say they found no signs of foul play or drug use. saget was in florida as part of his "i don't do negative" comedy tour. in his final instagram post saturday night, ok, i loved tonight's show in jacksonville, really nice audience, lots of positivity, orlando at the hard rock live, too. appreciative and fun audiences. i'm back in comedy like when i was 26. i guess i'm finding my new voice and loving every moment of it. he leaves behind his wife, kelly rizzo, and three daughters. they are inviting everyone to remember the love and laughter bob brought to the world. in los angeles, comedy houses paid tribute to saget as well. first and foremost, a comedian, but america knew him as a tv star. aside from "full house," also hosted "america's funniest home videos" for ten years. and also the narrator on the slow "how i met your mother." saget was only 65 years old and as expected, the shock of his death has universally impacted everyone. his former co-stars, including the olsen twins and john stamos, saying they are gutted and just devastated by the loss of their friend. john. >> john: phil, thank you from miami. i don't know how big a fan you were, sandra, of "full house" in the 1990s, it was america's program like so many others before it. >> sandra: absolutely. we sat down as a family to watch episodes and what is amazing is to see not only the support but the love that those that worked with him had for him. candace cameras bure put out a statement, i don't know what to say, i have no words but was one, bob was one of the best human beings, she said, i've ever known in my life. she knew him 35 years and you hear so many tributes to him like that. everyone who worked with him appeared to just love him. >> john: yeah, he was one of those guys, couldn't help but like him. >> sandra: he will be missed. john, the spending bill saga continues, senator manchin throws another wrench in the agenda. taping the 1.8 trillion counter off the table after failed negotiations with president biden. manchin has made clear he had not vote for the massive legislation and telling frustrated democrats that they should be rethinking their approach to it. let's bring in larry kudlow, host of "kudlow" on fox business. larry, i'm so glad you are here. for those of you who read through the "washington post" reported on this, they reported on who manchin has been speaking to, including yourself, sir. in that piece they write in recent weeks senator mitt romney has tried to see whether he could broker, and larry kudlow also spoke with manchin about build back better. so, welcome, larry. do tell. what is it that you are hearing? >> well, i'm not on the same -- not really on the same side as mitt romney. sorry to report that. look, build back better is dead. it was -- it's been dead for quite some time, in fact. i would say go back a month or so, five weeks, when the congressional budget office scored it without gimmicks on a ten-year basis, and showed that it was a 5 trillion spending bill with 3 trillion in additional debt. that was it. that was the game, over. and joe manchin said so at the time. he has argued consistently for six months or eight months that more federal spending will cause even more inflation and inflation is the number one unpopular issue in the country, and he had a lot of other problems, too, with eligibility, means testing, no work fair, you know, no public funding for abortion and so forth. unwavering, got to give him credit for this. we don't need more spending which will create more inflation, inflation is bad enough in the first place. and he's been absolutely consistent, and you see all these -- my favorite is axios, manchin is talking to other people, even talking to republicans and he talks to unelected officials, oh, my gosh, oh, my gosh, that means manchin is a smart guy and a good senator and representing the people of west virginia. b.b.b. is dead. save america -- >> sandra: we have heard that from you privately manchin is also making clear he not going to approve legislation with biden's buy back better package, and senior democrats say they do not believe manchin would support his offer even if the white house tried adopting it in full. so, go back to democrats should fundamentally fund the approach. are you getting any sense that democrats are taking the cue here and rethinking their strategy? >> well, not really. look, i'm no insider on this. i don't think chuck schumer is really going to have another vote. maybe i'm wrong. he's perhaps in denial. he keeps saying there's going to be a vote either this month or next month, i don't believe that because they know it's dead. you know, manchin -- let me just say, too, sandra, manchin is not the only one, i mean, kirsten sinema was opposed to the tax hikes in this bill. but you've got a lot of other moderate democrats who have been less visible to be sure, but you've got the maggie hassan's, you've got virginia, nevada, arizona, i mean, there's no enthusiasm for this. but look, manchin cannot be bought off, he cannot be rolled. he told chuck schumer in june of last year, right, the memo, they both signed a memo and schumer ignored it and i thought that was a terrific mistake, and the white house has tried to roll manchin, pelosi has tried to roll manchin. the guy is a strong guy, i think he's exactly right on the issues, and he has a lot of integrity, and incidentally, the voters of west virginia perhaps most importantly are loudly cheering him. his numbers -- his favorables have practically doubled since the whole budget battle. he's supposed to represent the people of west virginia and the national story and like i say, whether it's mark warner of virginia or sinema, there are other moderate democrats -- seriously, 5 trillion more, really? seriously? is that what we need, with a 7% inflation rate? huh, seriously? >> when it comes to the political strategy in west virginia, if it ain't broke don't fix it. >> that's right. >> nancy pelosi making millions off tech stocks. a lot of people have not seen this story, but i know you are hot on it larry. she's scoffing at the push to ban congressional trades, and we know that last month she had to disclose that she had scooped up millions in bullish call options for stocks, including google, salesforce, micron technology and roblox. apparently a democratic according to the new york post, insiders' blood is boiling, people close to nancy pelosi don't like it. what's going on here? >> it's a fabulous story. by the way, nancy pelosi is trading acumen is fantastic. she's now been voted the 2021 wall street trader of the year. this wonderful piece, i don't know, i'm told it's a left wing publication, absolutely hilarious. they traded 50 million in assets, annualized returns of 69% as of october, according to an estimate from -- they have something called the nancy pelosi portfolio tracker. better than warren buffett, george soros or kathy wood. they have a tiktok handle for her, they are calling her the queen of investing. look, i'm not opposed to her getting rich, opposed -- she says it's a free market. every single policy she's ever done is against the free market and wants to attack and tax people who are wealthy and succeed. i'm saying in all seriousness, she has regulatory influence over major decisions for the very companies she's buying and selling and i think that's an issue that needs to be investigated. >> sandra: you said it here. she is defending it, saying it's a free market economy. according to a post analysis, one of the richest members of congress, estimated net worth of more than $106 million. all right. larry, great to have you on today. thank you very much, sir. >> thank you, sandra, appreciate it. >> john: got to do something to pay for all that ice cream. americans pressing the c.d.c. for more transparency when it comes to data on covid deaths. why critics are accusing the agency of leaving americans in the dark and creating confusion as we enter a third year of the pandemic. we'll shed some light on the matter, stay tuned. z . ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ 80% get genetically meaningful health info ♪ ♪ from their 23andme dna reports. ♪ ♪ 80%. that's 8 out of 10 people who could get something enlightening. something empowering. something that could change everything. info that could give you greater control of your own health. and it's right there, in your dna. ♪ ♪ it's the most meaningful way to start the new year. and right now, our health and ancestry kit is just $129. ♪do you know what the future holds?♪ >> sandra: congresswoman alexandria ocasio-cortez testing positive for covid-19. the far left new york democrat revealing the positive test about a week after, you'll remember, she was spotted partying down in florida without a mask. the crowded bar there in miami, she was seen. just days earlier, again maskless at a miami restaurant. according to a statement, the congresswoman is "experiencing symptoms, is recovering at home and received her booster shot in the fall." john, we are reporting it, and you can decide how you feel about that. she was obviously highly criticized for not only, not only going maskless but going to a state where she was very critical of the policies, the covid policies there, and now she has covid. >> john: tim kaine, the senator proved i-95 is the great equalizer, everybody gets stuck in the snow. and alexandria ocasio-cortez is proving covid is the great equalizer, anybody can get it. even if you do or don't take precautions. centers for disease control is plagued by messaging issues, and the new isolation guidelines and now the director is failing to provide basic information on covid death data when pressed yesterday. >> do you know how many of the 836,000 deaths in the u.s. linked to covid are from covid or how many are with covid but they had other co-morbidity. do you have that break down? >> yes, with omicron we are following that carefully, the death registry takes a few weeks to collect and of course omicron has just been with us for a few weeks, but those data will be for the coming. >> john: bring in johns hopkins university dr. marty makary, and it was said that 51% of people in the hospital with covid did not go in with covid, but the bigger picture, a communication problems at the centers for disease control. rochelle walensky did some media training, there was an article saying she was not good at this. >> c.d.c. has never really collected great data and nothing has really changed since she has arrived. number one most important key indicator of the entire pandemic, how many people have died from covid, how many children of the roughly 400 children per year that have died had a co-morbidity, and learning half the hospitalizations from new york and the florida data, not people for covid but with covid. >> john: and walensky was also about a statement at the supreme court on friday morning regarding the vaccine mandate and whether it was necessary, said this. >> we have hospitals almost at full capacity with people severely ill on vents, and over 100,000 children in serious condition. >> we have 100,000 children in serious condition does not line up with the facts. fact check gave her four pinochios for that, and doc, it's not just somebody a pundit on a tv show getting it wrong, this is a supreme court justice who is going to make a landmark decision based on bad information. >> we also saw bad information presented by justice kagan and brieer and i believe that justice sotomayor believes it, she has extracted that from media headlines and news sources that indicate every day we are adding thousands and thousands more. i think she was actually more like 30 fold off because if you look at the reported numbers, roughly half of them are not for covid, they are simply with covid. so the number is massively exaggerated. when you are talking about somebody making a major policy decision, that's concerning. >> john: you know, you tweeted about something this morning which prompted me to look it up. an article by a man who won the nobel prize for discovering hiv, and another, and wrote about the vaccine mandates saying omicron can beat the vaccines, so it's moot. they wrote it would be rational, legally indefensiveible to stopping the pathogen they target but that's what's happening here. do you agree with them, doc? >> i do. omicron changes the calculus on any vaccine mandate and the case to do such, so do therapeutics. if somebody was jumping off the cliff, you might say we need to mandate parachutes, but off a diving board to a swimming pool, the calculus used to base the mandate is entirely different. i don't think the mandate issue has factored in that we are dealing now with a common cold-like illness and we are in a bad cold season and it will have some consequences and high risk individuals but it's nothing like the case fatality rate with delta. >> john: 30 seconds here. pfizer c.e.o. says an omicron specific vaccine will be out in march. do we need to do that for any variant? >> if it's approved, you are going to see mandates all over the place. you know, those who advocate for boosters in perpetuity, they have a major scientific problem and that's a new study found ten weeks after the pfizer booster the efficacy went down to 35%. when are we going to accept it's circulating, you can test positive and a mild case but still protected against severe illness. right now you are protected against severe illness with the primary series in younger populations and older populations with the booster. >> john: a lot more food for the fire, i guess. always good to see you. thanks for spending time today. >> sandra: fox news alert, robert durst has died. confirmed via statement from his lawyers a short time ago, 78 years old. real estate heir and convicted killer, they say he died of natural causes from many health issues. jonathan hunt has been following the story from the los angeles bureau, and we are joined with details as we get them. jonathan, he had covid last year, put on a ventilator, and battling bladder cancer, he is now dead we are able to confirm. >> yeah, he had a long list of medical issues and for those of us who spent any time alongside him during his trial in that courtroom not far from our office here in los angeles when he was convicted of the murder of his long time friend, susan berman, it was easy to see the illness and the struggles he was going through. he was convicted of the murder of susan berman back in september. his lawyers have repeatedly told the judge he was suffering from all manner of illnesses and as you say, he did indeed contract covid. he was serving his life sentence, by the way, in a prison in stockton, california, the california healthcare facility, and we have just received a statement from his lawyers confirming that he has died. the statement reads, i'll give you the full thing here. "mr. durst passed away early this morning while in the custody of the california department of corrections. we understand that his death was due to natural causes associated with the litany of medical issues we had repeatedly reported to the court over the last couple of years. we will issue no further statements and will not entertain any questions out of respect." that is signed by one of his attorneys in that trial, chip lewis. so, robert durst, real estate heir and convicted murderer, dead, sandra, at the age of 78. sandra. >> sandra: since you so closely covered all of this, he was serving a life sentence in prison in california in october for the execution style of his long time confidante susan berman. soon after that he was indicted for the 1982 murder of his wife kathleen durst. she vanished, remind everybody, back in 1982 under very mysterious circumstances. jonathan. >> yes. they had had a, shall we say volatile relationship according to friends and acquaintances, mr. and mrs. durst, and she disappeared in 1982. authorities in the new york area have long suspected him of killing her and disposing of her body but never convicted in the case, or never directly charged in that case. he was, though, then charged by the d.a. in west chester county, new york in november for the murder of his former wife kathy durst. that followed as you mentioned his conviction here in september on murdering his long time friend susan berman. now remember, kathy durst disappeared in 1982. susan berman was killed in 2000, and robert durst had never been charged in that either, but authorities suspected and prosecutors alleged at his trial that he killed susan because she was about to tell police in 2000 what she knew about the disappearance of kathy durst. so, prosecutors argued that robert durst traveled here to l.a. in late 2000 and as you say, shot susan berman execution style, killing her when she opened the door at her home here in l.a. then, remember, back in 2003, there was another murder, the murder of a man called morris black in galveston, texas. robert durst was charged with that murder, was tried but was acquitted, although he was convicted of tampering with evidence because he admitted dismembering the body of morris black. but he got off on the murder charge on the grounds of self-defense. he had apparently been in hiding in galveston, texas, dressing as a woman and claiming to be a woman. morris black, his neighbor, found out and apparently was at that point that some sort of argument ensued and morris black ended up dead and was then dismembered by robert durst. but again, the only actual conviction in this case was so far in the murder of susan berman, and obviously he cannot be tried for any further murders, murder of morris black or kathy durst. sandra. >> sandra: jonathan hunt on that breaking news for us. we will have more in the next hour, robert durst dead at the age of 78. john. >> john: new at 2:00, the supreme court decision on president biden's vaccine mandate could come at any moment. it could impact tens of millions of americans and businesses. is it a sweeping public health order or government overreach? 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because of these statistics, because of how dire this is, because we have no time to waste. and that really could not have happened at a worst time for those three justices. it really hit their argument below the water line. and in some ways the damaging aspect to this entire case for the biden administration, this may not be plan b, might be plan c. first they could have gone to congress but did not have the votes. then they tried to say the president had the authority and found out he didn't, and then the president's own chief of staff, quoted repeatedly in the supreme court saying yeah, we found a work around, a work around the limits of our authority and that was plan c. they gave it to the agency. osha did it. well, the justices did not seem to buy that. >> john: at least the conservative justices didn't. back to the point about bad information included in supreme court arguments. this could be forgivable some guy at a bar who had three bourbons, yeah, 100,000 kids sick in the hospital or a pundit on tv who said i think the number is 100,000, this is a justice of the supreme court who is going to weigh in on an incredibly important law. principle of law on this mandate that as you said could affect so many people in this country. >> that's the fear, garbage in, garbage out. if you rely on a false set of data to support the agency here, then what's really the basis for your decision? and what the liberal justices are saying, we just want to defer to what the agency says and we think it's a dire situation. every one agrees covid is a terrible risk for the country. but the profile has been changing, including the new variant, and a lot of new data is coming out. one of the things that the other justices brought up is that this falls under the major questions doctrine and that says if you have a major question affecting so many people in the country we really should not be deferring to the agency, we should be pushing congress to act or not act but major questions belong in the legislative realm. >> john: and the biden administration seems to be supporting the new york state public health department when it comes to this issue of prioritizing covid therapies, particularly this new monoclonal antibody for omicron on the base of race and ethnicity. they have talked about racial issues with aid to farmers. have they not learned their lesson? >> they have been found repeatedly by the federal courts of race discrimination and now doing the same thing in my view. this is so nonsensical. what they are saying is this -- that certain groups have a higher incidence of conditions that put them at higher risk. well, why not base your decisions on risk rather than race? you just identified the conditions. look for those conditions. and if you are right, and i think they are right, it means the african american community, for example, will get more assistance because those conditions are more prevalent in that group. but the administration and new york wants to sort of put race as a criteria up front, a threshold criteria, even though that's not relevant in terms of what is the decision making as to risk. look for obesity, look for immunity problems, that's what the c.d.c. was talking about, so this is not just unnecessary, it's incredibly divisive. you know, the biden administration made a huge error in prioritizing things like therapeutics and tests, and we now have scarcity. to tell a country that we may be basing a decision on whether you get the lifesaving treatments partially on your race is unbelievably divisive and entirely unnecessary. >> john: jonathan turley, thank you for being with us. when it comes to the supreme court arguments you would think a justice of the supreme court would be armed with the right information and justice gorsuch was getting criticized over the weekend, apparently according to the initial transcript, hundreds of thousands two die from the flu. that's not what he said, hundreds, thousands. >> sandra: that being said, both the topics you just discussed obviously we'll see if there are any questions thrown to jen psaki in the briefing room when that press briefing begins. a lot of big topics. peter has a seat in the room today. we will certainly go there when it begins. >> john: looking forward to that. >> sandra: kids in chicago public schools losing even more learning time today as the teachers' union there, the walkout dragged into week two. we are live in chicago with a look at the union demands at this time. >> john: concerns growing over kids' mental health two years into isolation and lockdown. parents say the pandemic has changed their children's behavior and are begging, begging for some normalcy. martha maccallun. >> they are going to have ptsd sitting in front of a computer six and a half hours a day. ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ earn about covid-19, the more questions we have. the biggest question now, what's next? 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. >> sandra: white house press secretary jen psaki walked in the briefing room a short time ago, already receiving questions on a host of issues, including the president's vaccine mandate as we await a decision on that. >> we are certainly hopeful that the path to diplomacy is the path they will take. there are of course a range of topics discussed during that meeting, including what is at stake should they decide to move forward and invade ukraine. in terms of assessment of where they stand i would really leave that to the russians to articulate. we can't give an assessment of that from here and secretary sherman did not as well. >> what would it look like to choose the diplomatic path, is that -- does that mean they have to withdraw some of their focus on the border of ukraine in order to have that engagement or to just not invading further would keep the diplomatic and conversation alive? >> there are 100,000 troops at the border now. returning troops to the barracks, conveying to us their intention of doing that is certainly easy ways to show deescalation. as i noted a little bit earlier, we see it as a set of three rounds of conversations that will occur this week. as you've heard many of our national security officials state, i will reiterate from here, no talks without, about europe without europe. no talks about ukraine without ukraine and that is certainly our mentality. so we are moving forward with the other two rounds of talks and discussions. absolutely the rhetoric action came from the russians so they have the ability and the power to deescalate. >> president's trip to -- number of advocates and voting rights said the president did not come down unless he has a plan for voting rights legislation. what is the president's plan to pass that or is he going down there without a plan? >> well, his plan is to sign voting rights legislation into law, that requires a majority of senators to support it. even if there are changes to the -- the senate rules, which is something the president has expressed an openness to. a little bit of a preview to hear from him tomorrow. i would just note that the backdrop of where he's going is vitally important here as we were planning the trip, in a place with profound civil rights university, morehouse college in atlanta, the right to vote, have your voice counted and a free, fair and secure election. that is not painted bipartisan manipulation. and late congressman john lewis, for the senate to pass the freedom to vote act and the john lewis voting rights advancement act. follow his remarks from last week on the anniversary of january 6th where he did touch on voting rights and the fundamental importance of protecting that right. unprecedented insurrection saw to overcome what the trump administration top election confirmed was the most secure in history, he will keep fighting for the soul of america and time stopped and the essential is ripped away from the trivial and ensure january 6th does not mark the end of democracy but the beginning of a renaissance for our democracy, stand up for the right to vote and have the vote counted fairly, not undermined bipartisans afraid of who you voted for. and one other piece you will hear more on tomorrow, he's quite focussed on how ensuring the american people understand what is at stake here. sometimes we all are -- we all shorthand legislation or shorthand what we are talking about and protecting the fundamental right to vote, he's going to talk about what the changes have meant in states like georgia and across the country, what is at stake for voters in georgia and other states across the country and why it's so imperative it move forward. >> senator schumer set a deadline a week from now to pass the legislation or change senate rules. the president optimistic the path on the time frame or think it's too ambitious? >> he's going to continue to work in lock step with leader schumer on moving this vote forward. beyond that, we are taking it day-by-day to press for the vote to happen and to be successful. go ahead. >> following up on some of those questions. on atlanta, will stacy abrams be joining the president during any of these remarks? >> we'll have a list, there will be a number of elected officials joining us, travelling and also there, i think we are still finalizing the list and we will venture to get you that as soon as possible. >> and fed nomination we were expecting in december. can you give us guidance when we could expect those? >> we hope -- >> more specific than soon? >> i wish i had something more specific to deliver to you today but i can continue to reiterate the president looks forward to announcing those soon. >> ok. and then just on the fed issue, elizabeth warren has spoken out about reports that indicate that a governor made some purchases and sales and is calling for greater transparency. is this an issue the president is engaged on and do you think it's time for kind of a more serious look at what is, you know, what the rules are that govern the federal reserve actions? >> we and the president deeply respect the independence of the federal reserve and we are not going to comment on recent developments. but i can say broadly speaking the president believes all government agencies and officials, including the federal reserve, and independent agencies should be held to the high ethical standard and avoidance of conflict of interest. the fed has its own rules including in october to address conflicts so we defer to that agency about any specific follow-ups. >> to follow up on that issue with the fed, so i understand some independent agency, but you know, it's an independent agency officials and independent agency are not following the rules to the letter, or if the rules don't seem like they are covering the whole thing. is it time to take a closer look, even beyond what happened in october? >> well, again, andrea, i think the president respects the independence of the federal reserve. i just noted that they have their own ethics rules and requirements. new rules in place in october, but the president's expectation that all including independent agencies are held to a high standard, with high ethical standards, avoiding conflict of interest speaks for itself. >> and covid, we know that the, we know the rapid tests, they have gone to companies that procure materials as opposed to companies that are manufacturing the tests. are you satisfied that there's adequate testing of manufacturing capability in place and going to procure the tests? >> well, let me give you an update on kind of a couple of timelines or updates on timelines. we are working closely with manufacturing and distributors to understand what they can ship and when, and actively working through the timelines for distribution as you touched on there in your question. there are several components of this. we want to ensure that there is not only the physical tests but the ability to distribute them which is what we are working through right now. we expect that the contract are structured in ways to require that significant amounts are an aggressive timeline, first of which should be arriving early next week. all contracts awarded over the next two weeks and then americans will begin being able to order these tests online later this month. we also expect to have details on the website as well as the hotline later this week. so, these are all components that we are working through and working to expedite as quickly as possible. >> on the hospitalizations which are now at a record level, are you, is there anything the federal government can do to augment the capacity of hospitals now having to cancel elective surgeries and more than half of u.s. states. is that something where d.o.d. could come in with field hospitals to offer additional capacity? >> we have deployed a number of resources from -- to surge resources over the last several months. we will continue to do that, and we are working with local health authorities, state leaders, local leaders, to determine where there are the greatest needs. but we have deployed a range of resources, many of them through fema, to ensure that communities have higher surges or needs in different ways i should say, have resources from the federal government. go ahead. >> on the combination of bipartisan talks related to more scaled back targeted approach on electoral count add, comments were definitive that was not an option the white house is pursuing, is part of the reason you don't want an off ramp for two democratic senators to point to instead of considering rules change at this time? >> i've always known my colleague, mr. bates to be definitive, i don't know if you have experienced that as well. but i think what our position is from here and the position of many advocates for voting rights and many democrats on the hill is that it is not a substitute and we should not treat it like a substitute because the two bills that the president will talk about tomorrow have essential components of them that will protect people's fundamental rights, expand access, ensure that people know when they vote it will count, and not be overturned and we want to be very clear with the public that it is not a replacement or a substitute. >> senate majority leader mitch mcconnell has declared war on this effort, and on the floor his office put out a lengthy me no that said democrats will try to use "fake his -- hysteria" to take over elections. a response to the memo? >> it is pretty ironic. making it more difficult to vote, it's not silencing the words of people, i don't know what is. i think it's important to note if you look at leader mcconnell's record from the past, a strong record of supporting voting rights and what has changed. that's a question for him, less for us, but a few examples. 2004, leader mcconnell, i cannot think of any reason why anyone on either side of the aisle would oppose the fro tension of the franchise of all americans. 2006, voting rights act of 1965, 1 of the greatest steps forward. i rise in support of reauthorization. again 2006, he wrote in his memoir, overwhelmed to witness such a moment in history when the voting rights act passed in 1965. so, i use those examples to remind people that this should not be a partisan issue protecting voting rights, should be protecting and standing up for americans of all political stripes, what we are working to do, and what we are talking about here is fighting against a big lie perpetuated after january 6th in, around january 6th i should say, by many, far too many republicans in congress and it has resulted in states across the country putting in place more laws that are making it more difficult to people to exercise their rights. we don't think that is right, we don't think it's a political issue, it is a fundamental right in this country and it should be. >> one more on build back better -- i understand you guys can walk and chew gum at the same time, and talking to democrats in chambers, there is not a lot of sense the conversations are on going right now, are going at a significant clip or substantive. so where are you guys? >> well, our conversations are continuing behind the scenes at a staff level and i can assure you that, and assure the american people that the president is going to continue to press to get build back better done, to ensure we are lowering costs across the country, and lowering on childcare, elder care, healthcare, addressing the climate crisis. we know that we need 50 votes in order to get that legislation done, and we need to figure out what that looks like to get that legislation done. but those conversations are happening behind the scenes and the president remains absolutely committed to lowering costs for the american people. go ahead. >> on voting rights when you do hear the criticism from some advocates about don't come without the plan or others say the president has not been personally involved, as he heads to this, does he feel he has political influence to be the tipping point this week? >> well, kelly, it's a hard question to answer because really, what we are talking about is whether we can get enough votes in congress to get this done. and that's why i think it's important to note that the president will talk about this as a fundamental right for all american, something there has been a history of supporting from both sides of the aisle. something that the public should expect and demand from their elected officials to support. i think we would dispute the notion that the president has not been active or vocal. he's given a range of speeches, he's advocated for voting rights to pass. said it is a fundamental priority for his presidency and has agreed with his vice president that she would lead this effort. we understand the frustration by many advocates that this is not passed into law yet. he would love to have signed this into law himself, but tomorrow is an opportunity to speak about what the path forward looks like, to advocate for this moving forward in the senate. >> can you speak to the rule of the vice president tomorrow and what she will be talking about and how it relates to the president's message? >> absolutely. the vice president of course has an important role to play here as the person who is leading this effort and will continue to lead this effort from the administration. she has worked to date to help build a ground swell of support, something many grassroots advocates have been working on many years, she has met with them and engaged and continue to speak about voting rights across the country. in terms of the preview of her remarks, we are not quite there yet. maybe we'll have some more to say about hers and the president's later this evening. >> the president has heard feedback from geneva, is he giving any sort of incremental instructions to wendy sherman and the team about things he would like introduced into the talks or is he leaving that to be on the ground sort of discussion for those who are in the room and handling it physically there? >> well, he is in regular touch with members of his national security team and they are in touch with team members on the ground. so i would say we are looking again at this week as a set of conversations and we will see and able to assess where things stand better at the end of that. i will note couple of things that as you are looking at this. we are preparing ourself for the possibility and likelihood, no one should be surprised, i should say, if russia spreads disinformation about commitments that have not been made or something as a pretext for further destabilizing activity, so we would continue to urge everyone not to fall for any attempts to push disinformation out there. but for the president, the most important thing to convey, and that he's conveying to his team, is that no talks without -- no talks about europe without europe. no talks about ukraine without ukraine. we had these discussions with the russians today, they are important conversations that will be happening on the 12th in brussels and the 13th in vienna. and this is just one part of a three-set series of discussions happening this week. peter, i'll come back to you. >> thank you very much. can i ask you the latest on the chicago schools closure, the governor announced over the weekend availability, he previously sought information to procure tests, and did the tests they procured involve federal help at all and message to the teachers' union and the mayor of chicago about what you hope to see in the coming days? this is the fourth day in a row. >> i would say we are in regular touch with the governor and his team and the mayor as well so we can continue to convey, have those conversations behind the scenes. we have been very clear publicly and privately that we want to see schools open, that the president fought for additional assistance in the american rescue plan, $130 billion, including $5 billion that went to illinois, $10 billion across the country for testing, so ensure we were prepared and had resources needed to address whatever may come up in the pandemic. we are having these conversations, we are in regular touch with them, both the mayor and the governor, and will continue to see how we can assist from here. >> the mayor is a prominent member of the president's party. has he spoken to her directly, does he feel the need to intervene here? sort of an exceptional case in chicago when so many other cities are reopening, bucking a trend in some ways. >> i'm not going to speak for the mayor but she has conveyed what her view is as well. the president's view is that schools should be open across the country and more than 95% are across the country, the mental health impacts on kids of not having schools open is very harsh and hard and he does not want to see schools closed across the country. so, there is no secret about that, that continues to be what he states, why he fought for funding and we will continue to be in touch with local leaders in chicago to work to get their schools open. >> statement over the weekend with regards to iran and sanctions and threats against american officials. should we interpret the u.s. intelligence there is threats and against top officials involved in the soleimani strike? >> i'm not going to get fl volumed in intelligence here from the podium, but we have seen rhetoric from officials from previous administration's, even from sanctions before this weekend and that's unacceptable. as jake sullivan said, as americans we have disagreements on policy, iran policy but united in the resolve against threats and provocations, and united in the defense of our people and will protect and defend our own people, i'm not going to get into more specifics. obviously they announced the sanctioning of more than 50 individuals and have made public comments in addition available to anyone. you are fine. >> opened the door to maybe some sort of virus aid measure coming through. do you have any new update whether the white house is involved in any talks with that -- and in the senate about potential funds? >> we agree with speaker pelosi on a lot of things, and what she said this weekend, not going to let a lack of resources get in the way of fighting the pandemic. we have been in constant conversation with leaders and with the hill and members about what may be needed, whether it's more to address covid or small businesses and help keep them afloat. i don't have anything specific at this point in time but will assess what the needs are and close touch with them about that. >> thank you, jen. i was home all last week, isolating. >> welcome back. >> thank you, isolating with covid after a positive test like a lot of people watching, and a lot of times in front of the tv. i heard the president say -- >> did you watch fox the other time or other things? >> i had a full catalogue of guy fieri content. [laughter] and obviously a lot of fox. but i heard the president say google covid tests near me. so, somebody isolating with covid i did that, and the appointments everywhere were completely jammed. so, why is it you were so unprepared for the need for testing of a the holidays? >> well, peter, i'm happy to see you back and well. i would second say there has been a massive surge in cases, as you know, and we are a part of in d.c. and new york, and there's been an unprecedented and other parts of the country as well. an unprecedented demand for tests. so what we have done over the course of the last few weeks even before that, is the president quadrupled our testing capacity since the summer. we opened 20,000 sites across the country and also opened additional federal sites, including one in d.c. only recently. he's also provided, we have also in the process of sending 50 million tests out to community health centers and rural health centers and now we are in the process of finalizing contracts for 500 million tests. one more point and then you can go next. i would note where we have come from. if you look to a year ago, there were no tests, or maybe one, depending on the timeline that was available on the market. now we have nine. if you look to about a year ago, there was about 900,000 or maybe slightly higher tests that were being issued every day. now we are about 10 or 11 million. 300 million tests are done in this country every month. so there's enormous progress being made but we needed to make sure the market was growing, that's what we have been working on and increase access to supply and that's what we have been doing. >> the tests you are talking about require people to go somewhere and make an appointment or wait in line. the c.d.c. guidance, if you think you have covid you are to stay home. you said you were going to mail free tests to people that need them. the president on television is talking about winter of severe illness and death. he's saying that publicly, why were you not doing more to prepare for the winter? >> peter, everyone decides where they are going to go get a test and we make a range of options available. you can also purchase tests online. later today more details on how 150 million americans who have health insurance can get reimbursed for tests. so more details later. the 500 million tests, and an update on the timeline, more on the website later this week. so, our steps and our process from the beginning has been expanding access to free tests to make it easy and more accessible for americans and we are going to build on what we have done today. >> the president talked about a winter of severe illness and death. at the rate you are going, the tests will not be available until spring. will you admit that these free tests you guys promised are not going to be ready until after the omicron surge? >> i think i gave an update earlier we'll have tests out the door in the coming weeks, very soon. and again, that's not the only place people can get tests. there are a range of ways people can get tests. online, you'll know more how you can be reimbursed from those tests from here. go to different sites, federal sites opening up around the country. >> we understand that you guys plan to rely on the postal service to send out the free tests whenever they are ready. the postal service says they'll have a staffing shortage because of your vaccine mandate. so, would you pull back on the vaccine mandate if it meant getting people free tests sooner? >> the postal service also delivered 99% of packages on time in advance of christmas and they also, leaders have also said they are eager to take on this challenge. so, we welcome that, and we are looking forward to working with them to get the tests out to the public. >> and i understand that the science says the vaccines prevent deaths. but i'm triple vaxxed, still got covid. you are triple vaxxed, still got covid. why is the president still referring to this as a pandemic of the unvaccinated? >> well, i think peter there's a significant difference between, and you just experienced this, and not to expose your public health experience but i can speak to mine as well, i had been triple vaxxed, i had minor symptoms. there is a huge difference between that and being unvaccinated. you are 17 times more likely to go to the hospital if you are not vaccinated, 20 times more likely to die and those are significant serious statistics. so yes, the impact for people who are unvaccinated is far more dire than those who are vaccinated. >> will the president update his language at some time to be more reflective of the fact that people who are triple vaccinated are catching and spreading covid? >> i think the president has said, as have we, there will be breakthrough cases, people who get covid here at different media organizations, at companies around the world, around the country who have been vaccinated. but there is a significant difference between being hospitalized or dying and being vaccinated with more mild symptoms. >> last one, you guys have been very aggressive countering covid misinformation. what do you guys think about covid misinformation coming from the supreme court and sotomayor false claim over 100,000 children are in serious condition, many on ventilators? >> i'm not going to speak to supreme court arguments or statements made in those arguments. but i will tell you that what is at stake here is our effort to protect health workers and most importantly protect patients with the c.m.s. rule and also to make workplaces safer with the osha rule, which we have confidence in our legal argument for. so, i will leave it to them to decide, but that's what's being argued now. go ahead. >> the president before speeches -- >> sandra: you've been listening to jen psaki taking questions, most recently from peter in the white house briefing room, and peter was putting pressure on the covid testing and lack thereof, and difficult for so many suffering symptoms trying to get a test, and peter with his own personal experience, having been quarantined at home after testing positive for covid, a lot of questions to ask the white house experiencing himself, right? >> john: she kept saying you can order a test online, so i immediately went online, c.v.s. is sold out, walgreens is sold out. get one on amazon but the earliest is january 24th, so if you have a current infection it's not going to do you much good. >> sandra: indeed. martha is joining us now. you've been listening to this with us. testing is an issue, getting kids not in school is an issue, and the press secretary, martha, was just asked about that. is the president in communications with lori lightfoot, the mayor of chicago, where the teachers are now into a second week of staying home and not having kids in the classroom? i believe her response was that he believed they should be in the classroom as he had said and he's in communication with local leaders on the ground there. should the white house be doing more to get all those kids at home out of the classroom back into school, considering c.d.c. guidance says it's safe to do so? >> martha: as jen psaki pointed out, most kids are back in school, which is great, what everyone wants to see and the president wants to see, but there are 5,000 schools that are shuttered, and those kids are at home right now, and a significant number of those are in chicago. i think that the question comes to following the money and that's where the president i think perhaps could show a little bit more muscle and strengths on this issue and speak out about it much more strongly. i mean, it would be very interesting to see the president go before the people of the country and the people of chicago and say to these teachers, you must go back. this is your job, you've been instructed to go back, the evidence exists that shows that it's safe to go back, and we expect you to be there unless you are quarantining at home because you have covid, no doubt will affect a number of them. but the president keeps saying that's what he wants but he's not actually putting a strong voice and a demand behind it, and you know, you go back to ronald reagan and the air traffic controllers, there are very strong statements that could be made by the president of the united states when it comes to this and 2.5 -- $5 billion, actually, went to the state of illinois to reopen the schools. the teachers were vaccinated, they were first in line practically to get vaccinated. and they owe these children 176 days a year of instruction. so my question is, if they are not going back right now, we need to see in the negotiation process which days of their spring break or their summer break are they going to work to make up for what they have missed so far in giving these kids lessons, john. >> john: martha, i heard you last week saying you were talking to randy winegarden like you were going to make it up in summer school and she looked at you like you had three heads. and david from the "new york times" has written good articles, wrote this, no way to grow up. for the past two years, americans have accepted more harm to children for less harm to adults. and they fell behind, many have mental health issues, and suicide attempts have risen, gun violence has increased, and when you take this, and you lay it at the foot of the chicago teachers' union, they say go pound sand. >> martha: i feel there's a big discussion, i remember hearing it at the democratic national convention about mental health in this country and taking it seriously. we hear it from athletes, hear it all over the spectrum. but why is it so ignored with kids? now, you have to weigh risks and benefits. this is what leadership has to do. and you read these heartbreaking stories and john and sandra, we have all experienced them with our own families, we have seen them with other kids that we know, it's written about in this "new york times" piece as well, but think about the little kids and the reports of them crying on their desk in school or not able to speak, kids who don't want to speak any more. lack of socialization, a number of the children don't know school before covid. they think it's a place where you go where you have plexiglass next to you and a mask on. so these are very real problem and $2.5 billion was designated for mental health problems across the country. i don't know where the many went, but recognize the reality of the mental health problem. it's not going to go away when the final bout of covid passes, it's going to be with the kids an entire generation and we need to look at it and face it had ed on, a the first lady, one of the highest profile teachers in the country needs to talk about it. >> sandra: and one high schooler said they have friends, telling them they want to quit, they have fallen behind, feel helpless, their parents cannot help them, they are working two jobs or whatever it is, and it's just -- it's a brutal reality for these families trying to battle through it. martha, we are going to see you in 12 minutes on this story. thank you very much. >> john: thanks, martha. >> sandra: as the white house says, president joe biden wants schools open, you heard it again from jen psaki. nearly 350,000 kids in chicago are home again today without any schooling for a fourth day. garrett tenney is in the city reporting on that. l so many kids home again when they should be in the classroom learning. what do we know about tomorrow, garrett? >> as of now, looks like tomorrow school will be canceled. negotiations are ongoing, but no word of any significant breakthroughs. you referred to the parents we have had on air over the last week, and we continue to see, they are growing increasingly frustrated with the union. we saw that just a short time ago when a group of teachers outside of a chicago high school on the city's south side were taking part in the union's day of action, holding signs, taking part, calling for better safety measures. our photographer happens to be right there when a woman pulled up and went off on the teachers. >> what do you have to say about your children? >> shame on you. home learning is not an answer. >> we care deeply about your children. >> no, stop treating our children like yo-yos. >> that interaction echos the frustration we have been hearing from parents over the last week and as the negotiations drag on, mayor lori lightfoot said she is largely relying on the outrage from parents to pressure the union to making a deal and returning to the classroom. this morning the head of the union abused lightfoot of bullying the teachers. >> the mayor is in the position to compromise and land a deal. the mayor is saying she's going to be relentless, and prosecuting a case. but the mayor is not a prosecutor. and i'm not a criminal being prosecuted. our numbers are not people who have done anything wrong. we are asking for basic common sense safety measures. >> in terms of compromise, the mayor and the city had been willing to give up ground to the union on several demands, key outstanding issue is returning to the classroom. mayor lightfoot says she will not accept anything less than that. sandra. >> sandra: garrett tenney from the windy city, keep us posted on developments from there. >> john: new york city mayor eric adams facing more controversy less than two weeks on the job. latest, to give nearly 1 million non-u.s. citizens the right to vote. how he's defending that decision, next. with age comes more... get more with neutrogena® retinol pro plus. a powerful .05% retinol that's also gentle on skin. for wrinkles results in one week. neutrogena®. for people with skin. ♪ dry eye symptoms keep driving you crazy? inflammation in your eye might be to blame. let's kick ken's ache and burn into gear! over the counter eye drops typically work by lubricating your eyes and may provide temporary relief. those drops will probably pass right by me. xiidra works differently, targeting inflammation that can cause dry eye disease. what's that? xiidra? no! it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait fifteen minutes before reinserting contacts. got any room in your eye? be proactive about managing your symptoms by talking to your doctor about twice-daily xiidra. like i did. i prefer you didn't. xiidra. not today, dry eye. >> john: eric adams, the new mayor of new york city taking heat for let us non-u.s. citizens to vote in new york city elections. adams said he was concerned about portions of the bill but now support it. a group of republican officials have filed a lawsuit to block the bill. eric, what else you have? >> now you can vote in new york city even if you're not a citizen. that controversial law supported by mayor eric adams has gone into effect effective add midnight last night. it means people, citizens of other countries can decide who sits in the mayor's chair and city hall. there's about 800,000 noncitizens that can cast their ballots for mayor, the city council and other municipal candidates but not voting in federal or state elections. they just need to be a city resident for 30 days. critics are slamming this move saying noncitizens should not have the right or privilege to even vote in our country. republican city councilman minority leader joe burrell has joined in on the lawsuit to stop it. >> the policy is backwards. these are foreign citizens. they're citizens of a different country and entitled to vote elsewhere. if this law i was enacted in the past mayor al race, they could have voted for two people in the same election year. >> he points out it could violate state law. here's the election law it says "no person shall be qualified to register and vote at any election unless he's a citizen of the united states and will be on the day of such election." as you said, new york city mayor adams supports it. he says the law expands democracy. >> i believe that people that are here are during covid. our legal residents, they did not flee the city. that stayed here, provided a service. i'm proud of them, this is a city of diversity. >> and a dozens cities and towns that let noncitizens vote, 11 in maryland and two in vermont but not place like the big apple, the nation's biggest city right here if this law stands. thanks, john. >> john: thanks. we'll see. >> sandra: john, a heart pounding rescue. watch this. the pilot was the only person on board when its engine failed. the police rushed him to the hospital. the officer was heralded for saving the pilot. a remarkable story. great to be with you for these two hours, john. it flew by. i'm sandra smith in new york. >> john: the officer should never have to buy another drink again. i'm john roberts. the story starts now. >> martha: thanks. good afternoon. i'm martha maccallum at fox news head quarters in new york. the white house reacts moments ago to the mental health crisis that is facing kids as over 5,000 schools in the united states have shut their doors on their students. >> the president's view is that schools should be open across the country. more than 95% are. that's a mental health impact on kids of not having schools open is very harsh and hard and he

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