Transcripts For FOXNEWS America Reports With John Roberts S

Transcripts For FOXNEWS America Reports With John Roberts Sandra Smith 20240709



czar admiral giroir is our guest later this hour. >> sandra: president biden and vice president harris visiting atlanta to push voting rights legislation to overhaul the election. it's an issue democrats feel is critical to their chances in the fall midterm elections and beyond. i'm sandra smith in new york. trace, welcome. >> great to see you. >> i'm in for john roberts. the president will endorse changes for a key senate rule to pass the bill but the republicans say it's nothing more than a power grab and a way to nationalize elections and a system to help democrats. >> sandra: steve is in atlanta with the latest. so, this trip seems to be under attack before it has even happened. >> that's right, sandra, under attack and from the left as well. mainly democrats right now who are doing the criticism. the president and vice president will make their first stop at the crypt of slain civil rights leader, reverend martin luther king, jr., lay a wreath there and then ebenezer baptist church before historic black colleges. >> why were they before and after to vote, history will judge it. it's that consequential. the risk is making sure people understand how important this is. >> there are two voting rights bills right now stalled in the senate, republicans including the governor here in georgia have criticized them, saying they are an attempt by the federal government to unconstitutionally take control over elections. among those travelling, rafael warnock from georgia, a tough battle ahead against walker, but more interesting, who is not here today. several civil rights groups leaders, voting rights groups leaders are not going to come out as an empty speech as a prop. they say enough platitude and nicities. and the day the president is in atlanta to talk about voting rights, stacey abrams has a scheduling conflict. back to you. >> sandra: interesting, steve, thank you. it would be shocking that she could not move around her schedule to make the appearance there, but we are going to have brian kemp on, the governor of georgia coming up and he says the president is doing nothing but continuing his campaign of falsehoods with this trip. he's got a lot to say about that, he'll be joining us shortly. >> and asking the wisconsin congressman about the fact the democrats frame it as an assault on voting rights and equating this with january 6th. nancy pelosi saying it's a continuation of january 6th, fascinating for his response on that. and rochelle walensky and dr. fauci facing major criticism on capitol hill, senators question on the lack of covid tests nationwide and confusing guidance offer the by the cdc. admiral brett giroir will join us on his thoughts on the testing shortage, but first chad is live on capitol hill with the latest. chad. >> good afternoon, trace. democrats and republicans alike vented frustrations over testing and confounding information about isolation and quarantines. the top republican on the health committee says the public is skeptical of the administration when it comes to the pandemic. >> can't come as a surprise there is confusion and anger when the white house says to ignore cdc guidance. >> g.o.p. senator susan collins said congressional located plenty of money for testing but tests remain scant. >> our frustrated constituents cannot find rapid tests when they need them. this testing crisis appears to have been entirely preventable. >> the hearing also featured another verbal donnybrook between rand paul and fauci, saying accusations put him in danger. >> whens when he gets out and accuses me of things completely untrue, all of a sudden that kindles the crazies out there and i have threats upon my life, harassments of my family, and my children with obscene phone calls. >> fauci came to the hearing prepared for hand to hand combat, and even brought printouts from paul's website, that says fire fauci. he says he uses the scrimmages to raise money. >> sandra: admiral, great to have you here. as we have been watching the hearing, contentious at times, heated exchanges with dr. fauci and some lawmakers, including roger marshall. really took on dr. fauci for the lack of trust, the eroding trust in our nation's health officials. a bit of that exchange. >> honestly you've lost your reputation. the american people don't trust the words coming out of your mouth. >> i believe that's a real distortion of the reality if you look at everything that i've said on tv, it is to validate, encourage, and get people to abide by the recommendations of the centers for disease control and prevention. look at everything i've ever said. >> dr. fauci -- >> perception is reality. and you are hurting the team right now. >> sandra: seems we are a point in this pandemic, admiral, where the attacks are now coming from both sides over the erosion of trust and the mixed messaging coming from the administration and the health officials advising it. >> well, i certainly agree with that. trust is very hard to regain once you have lost it and we have seen political promises that were really not reality and now we are facing it with a million and a half cases, biden has not shut down the virus. confusings and contradictory information from the c.d.c. and dr. fauci on the same day contradicting them and chaotic leadership that have not kept up to the standards in the trump administration, so yes a lost of trust but we can get together and redo that if the president and the administration levels with us, tells us honestly what's happening, be transparent, and move forward from where we are. we don't have enough tests, let's get a strategy how to use them wisely. >> sandra: i mentioned the bipartisan criticism thrown dr. fauci's way in the hearing room this morning. here was democratic senator patty murray of washington, attacking director walensky over the lack of testing. >> i am disappointed as i said by the testing challenges we are facing. tests are costly, people cannot find the at home tests, they are waiting in long lines and often after that waiting days for results. so it's, you know, ineffective at the end of the day. >> sandra: has this administration failed the american people by not being prepared for this current surge and now promising those at home tests will be mailed out in jen psaki's words in the briefing room yesterday in coming weeks? have they missed it, have they failed the american people on getting enough tests out there? >> i think it's obvious the administration has failed the american people getting enough tests and the reasons are pretty clear. there was 0 investment to keep the lines on, the manufacturing lines, employees between january and september so we lost nine months. we should have been at the level that we are back in march. we should have a billion or 2 billion tests per month but they lost that. secondly, it's a drop in the bucket. 500 million tests you heard in the hearing they are going to start coming out at the end of january and then over 60 days, so we have really three months for 500 million tests, a drop in the bucket. ok. this is where we are, let's show some leadership, own up to it, own the problem, and say we can't just give tests out willy nilly, we have to strategically provide them to the elder, co-morbid conditions so if they get sick they can test immediately and get on the oral drugs or monoclonal antibody, i'm very disappointed. >> sandra: it's tough to watch, and a lot of criticism is heaped on walensky and fauci in this moment on capitol hill from democrats and republicans and this op-ed questioning the testing short falls, everybody has a personal story not being able to get a test for yourself or a family member if you need one. baden's 500 million tests do not go far enough, says the hill. the plan for 500 million test kits available at no cost later this month, sounds great but not far enough. widespread use of at home tests requires a shift how to track the virus and impact on communities. that's by sheldon h. jacobson, ph.d.. admiral, i'll ask you, are we prepared to handle the influx of all the test results once the free tests, 500,000 are mailed out? what do we do to track the virus and how does it track communities? >> they are not going to be reported, very few of those will be reported and we identified this problem and put an important working group together at the end of the trump administration with real solutions to this. i don't know what happened, but i can tell you even, and i want to say this, these regional centers announced yesterday by the cdc, that was a trump plan we almost had completely implemented by the time we left. it has taken them an entire year just to get the first centers up and running. so, what you are seeing is that they put all their eggs in one basket and sure, vaccinations are important. i want everybody to get vaccinated, but testing is important, therapeutics, and they were put to the wayside and you are seeing it in spades in testing. look, we are in a bad situation, we need to use the tests wisely to keep people out of the hospital and keep them from dying, not just on the internet, first come, first serve. >> sandra: i've got to leave it there, admiral. sum it up in ten seconds or so, it's a big one. so many predictions out there that perhaps because we are seeing this record surge, that perhaps the end is near. do you have any predictions when things get better? >> i do believe we are, this is the beginning of the endemic phase, we have to learn to live with covid, it's going to be much less severe as population immunity rises and omicron is going to do that. i hope people are vaccinated, but if they are not vaccinated they'll get omicron. we are seeing that association between hospitalizations and numbers of cases so i do believe it's the beginning of that endemic phase where it becomes something we have to deal with, not shut down our schools, not shut down our societies, but keep the hospitalizations very low using all our tools, including oral therapies and testing. >> sandra: we'll have you back soon, admiral brett giroir, appreciate your time. it's a tough pill to swallow but he's given such good guidance throughout, it's hard to believe, we are at the point we have to accept living with this virus in some manner, perhaps for quite some time. >> and made a great point when he said look, the rapid tests are not being reported. they say there is a million cases of coronavirus a couple days ago, yesterday, it really is a lot of, doctors have said, could be 3 million, could be 4 million, because the rapid tests are not being turned in. great stuff. meantime, possible new fallout for manhattan so-called soft on crime district attorney. could a recall effort be in the works? details on that straight ahead, plus this. >> this is nothing more than an election power grab by the democrats. it's just ridiculous what they are trying to do here to federalize these elections. >> sandra: georgia lawmakers are ripping president biden's plan to overhaul elections. many are calling it a power grab by democrats that could have major implications for the midterm election. ranking member congressman brian stiel will join us next. er diab. but she didn't know what was right for her. no. nope. no way. but then helen went from no to know. with freestyle libre 2, now she knows what activity helps lower her glucose. and can see what works best for her. take the mystery out of your glucose levels, and lower your a1c. now you know. freestyle libre 2. now covered by medicare for those who qualify. 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. new year, new start. ♪ liberty. liberty. liberty. liberty. ♪ and now comcast business is making it easy to get going with the ready. set. save. 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those kids need to be in the classroom, trace, no doubt. >> trace: president biden wants that, cdc director, education secretary saying the same and why the administration is not pushing teachers' unions, putting their feet to the fire about this issue. meantime, president biden arriving in atlanta moment ago to push an effort by democrats to overhaul elections. critics say it's for political gain. wisconsin republican congressman and ranking member on the subcommittee on elections, bryan steil. great to see you. the democrats are framing this as voting rights legislation saying the voting rights act of 1965 is being violated and that minority votes are being suppressed. how do you counter that narrative or change that narrative? >> joe biden is going to georgia to push the lie that republicans are restricting voting access. republicans are trying to instill integrity in the elections. he should be going to new york city where democrats want to allow noncitizens without an i.d. to vote, the same time requiring a vaccine mandate and an i.d. to go to a restaurant? you can't make this stuff up. biden and the democrats want to nationalize the elections, gut voter i.d., ballots counted seven days after the election, opposite of what we should be doing. we should be working to instill integrity in the elections. >> trace: framing this is a big issue. we saw president biden and vice president harris equate the january 6th riot with 9/11, with pearl harbor, and now you have housing speaker nancy pelosi also using january 6th in this debate. watch. >> the republicans are doing across the country is really a legislative continuation of what they did on january 6th, which is to undermine our democracy. to undermine the integrity of our elections. >> trace: continuation of what they did on january 6th, your response. >> the democrats are using everything they can to nationalize the elections, california and new york style elections on all 50 states. we need to inform the american people, how disastrous, whether you call it hr1, the manchin compromise, they do the same thing. move the power of the elections to washington d.c., gut voter i.d., put federal dollars into politicians re-election campaign, not what we want. we want to instill integrity in our elections and we have to fight for the american people to instill integrity in our elections and prevent a national takeover. >> trace: talk about the push to suspend the filibuster. your former colleague wrote in this op-ed in the wall street journal, writes democratic efforts to suspend the filibuster to pass either bill present a clear danger to the crown jewel of american liberties and would mar the laws half century bipartisan legacy. did he get it right? >> he is a great thought leaser on this topic that we cannot allow partisan politics to overtake the elections. when the senate put forward the filibuster to make sure we had partisan and non-partisan aspects, not allow the democrats on the party line vote to alter the elections, to allow the elections to be nationalized. fight tooth and nail to prevent the democrats from nationalizing the elections and gutting voter i.d. >> trace: still on voting but a slightly different subject. r.n.c. suing the mayor of new york city for allowing noncitizens to vote? >> republicans have to make sure we maintain integrity in the elections, we cannot loosen the election laws. we need to instill integrity so americans have confidence in the results. >> trace: bryan steil, thank you, sir. and that's it right there, it's, and really is, it's a hot button issue but all about framing and the democrats think they have a winning message by equating whatever it is, whatever the subject is by bringing in january 6th and equating that. find out in the midterms how effective that was. >> sandra: we are, and we will see president biden and kamala harris in georgia, we will monitor that. brian kemp will join us live top of the hour to react to democrats pushing to overhaul the elections and everything you heard there from that lawmaker. so, we will anticipate that. trace, meanwhile america's hospitals overwhelmed as the omicron variant breaks new pandemic records and as staffing shortages continue. some healthcare workers are directed to stay on the job, even if they are infected with covid. dr. nicole saphier is here, and monitoring the hearing and bringing anything she thinks is relevant to us. >> trace: the i.r.s. cracking down on digital payments, requiring apps like venmo and paypal to report some of your actions. ♪ i wonder who is watching me now ♪ ♪ the i.r.s. ♪ ♪ feels like somebody is always watching me ♪ ♪ and i have no privacy ♪ ♪ always feel like somebody's watching me ♪ your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute 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"preservision is backed by 20 years of clinical studies" "and its from the eye experts at bausch and lomb" so, ask your doctor about adding preservision. and fill in a missing piece of your plan. like i did with preservision" >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ >> trace: bitter cold temperatures blasting much of the u.s., wind chill warnings and advisories across the northeast. arctic invasion in the region bringing some of the coldest air seen in years. some schools even closing their doors in anticipation of the frigid temperatures. fox weather multi-media journalist is live in boston with more on this. middi. >> good afternoon, trace. so cold here in the city of boston that leaders decided to shut down schools. to put that in perspective, this is a move they have not done in seven years. so, for students across the district here, it's the second snow day this school year. the first one was just this last friday after this area was hit with six inches of snow. now, the main concern in areas like boston is the school driver shortage. we are seeing this issue across the country, but here in boston with the frigid temperatures it means students are waiting at the bus stop for a lot longer. take a listen to what the mayor had to say during a news conference yesterday. >> we want to make sure there is no risk of students either out in the cold, on the way to school, or having issues in school because the ventilation that's needed with the pandemic. >> now the national weather service has issued a wind chill advisory and that will last until about 4:00 eastern time. if you walk out the doors it could feel about negative 20 today. despite the cold temperatures, some parents are concerned about these closures, take a listen. >> there was a thing called virtual school that my state opted out of. if we would have kept that in place, the kids tomorrow instead of missing a day of school would be able to jump into something else. >> in-person classes are expected to resume wednesday morning when the temperatures double to the 30s, trace. >> trace: the heat wave coming in. good to see you, thank you. >> sandra: i.r.s., staffing shortages and backlogs will likely cause delays in refunds and other services as the biden administration is calling for spending even more. $80 billion to boost i.r.s. enforcement. david, i've got so many questions for you, david. but why make the tax code even more complicated if we currently don't even have the staffing and resources to handle the current work load? >> you cut right to the chase. most americans think the way to make life better in america is by doubling the size of the i.r.s., adding 87,000 new i.r.s. agents to track every penny that everybody has ever made, track it all down. they claim it's going to bring in $400 billion a year in extra tax revenue. but even if that's true, and the c.v.o. did not buy the figure, they thought it was much less than that, do americans want that kind of super size of the i.r.s.? we have seen scandals involving the i.r.s., everybody remembers lois lerner when they targeted conservative groups, and last summer a leak of personal information by some high paid individuals leaking out to the press suggesting they are not paying as much as they should. this is private stuff, you are not supposed to do. you don't think there is going to be more of that if you hire an extra 87,000 workers and i think all the complaints we are hearing about slow-ups at the i.r.s., very friendly to the biden administration, seems to me clear what's going on. i've been in journal most of my life, i know how stuff is leaked to people the administration think is friendly to their cause, dire consequences if we don't super size the i.r.s., "new york times" and "boston globe" putting that message out there. it's still a part of the b.b.b. plan, super sizing. >> sandra: not only that, david, what is just -- and i've had to do some serious digging and homework on this, it's almost hard to believe the administration's plan now to have the i.r.s. send out tax forms to those and collect income on, they are going to say it's taxable income. if you used something like venmo, probably so many people listening do, if you use venmo, they have dropped the threshold to $600 in transactions in a single year from 20,000 to now that needs to be reportable taxable income. and i got to love this, because bloomberg tax dug into this and used an example. if there is a teenager who walked the dog to earn extra money, if their income in 2022 exceeds $600 they are going to owe income tax and possibility self-employment tax. we are learning some companies like venmo are asking for social security numbers, all kinds of personal information, photo i.d. they want to know more about what you are doing with your money. >> exactly, exactly. and particularly when you have such a politically charged environment like in the united states right now, i'm praying and hoping literally praying every night when i go to bed that we get out of this, that we don't have to remain such a politically motivated country as we have become. but you think of all the ways the i.r.s. has been used in the past for political purposes, and with all that extra information at their fingertips how they could use that to do really political repression. i mean, it's frightening. final, my final point, there is a solution to all this. just get a flat tax, reduce all deductions so you would not need thousands and thousands of i.r.s. audits, very simple. 20% for everybody, everybody making above 20,000, every penny you make above 20,000 a year you pay 20% flat rate, whether you make 40,000 a year or 400,000 a year. that would get rid of all deductions, you would not need that many i.r.s. agents. >> sandra: sounds simple. >> simple to check everything. >> sandra: you and steve forbes are in that. >> he's the master of it, yes. >> sandra: it is really something, that news about venmo. if you sell cars on etsy, they are coming for your money, and not the big guys, the little guys. great to have this discussion with you, and great to see you. >> great to see you. >> trace: the supreme court may decide the fate of affirmative action on college campuses nationwide. will the attempt to diversify classrooms be dismantled? >> sandra: and pushing out the newly minted district attorney as crime runs rampant in new york city. we will be joined on this, whether congress can support police and cities with soft on crime policies. join us live next. >> it's going to make it safer, common sense, i don't understand the pushback. here we go... remember, mom's a kayak denier, so please don't bring it up. bring what up, kayak? excuse me? do the research, todd. listen to me, kayak searches hundreds of travel sites to find you great deals on flights, cars and hotels. they're lying to you! who's they? kayak? arr! open your eyes! compare hundreds of travel sites at once. kayak. search one and done. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. >> sandra: a. >> sandra: authorities suspect bob saget died sunday from a sudden medical emergency. it could be a heart attack or stroke. he was found with his left arm across his chest. police have ruled out foul play and drug use. but we are told a final cause of death will not be determined until the toxicology report is released, could take 12 weeks to complete. you know, i know a lot of people have been really into this story. i went down a hole reading up on his history and things he had said about his health in the past. and he did an interview with howard stern, i went through it, deep in the interview he talked about how he was fixated on death. always thought he was not going to live past 50 years old. and the reason he said was he had three uncles that died before the age of 40 because of heart problems. some various form of heart attack or heart disease, and i think that's very relevant until we learn more about what happened here because there's still questions. >> trace: and its notable, don't know much about his medical history but there was medication in the room. they are ruling out drug death but there was medication, we don't know what it was for and a lot more information to be gleaned from this story. very sad out of hollywood. 11 days into his term, a large group of business leaders are discussing recalling alvin bragg, the latest fallout on the soft on crime policies and the memo which ordered staff to stop prosecuting a slew of crimes. we are joined by a texas republican, and also fort bend county texas sheriff and congressman, i would like to get your perspective. when you see the damage these far left prosecutors have done being a former sheriff, give us your perspective both legally from a law enforcement perspective and legislatively. what are your thoughts? >> trace, thanks for having me, what we have seen over the past several months, it's a very difficult time for law enforcement and then when you have whether it's the manhattan d.a. and d.a.s across the country in large counties, large cities across the country, it appears to me they are almost pandering to the criminals and what do you see from the criminals? they are out there committing horrific prime with impunity, and largest cities in the country, homicide rates are out of control, the highest in decades. so, we are not keeping the american people safe and it's these liberal policies, it's these liberal d.a.s that are doing this, and i wonder what the people in that district, with that manhattan d.a., how do they feel about his policy. i bet they don't support it because we know the police commissioner, the brand-new police commissioner doesn't support it. >> trace: i can tell you how others feel. we are told fox business is reporting and the new york post, the partnership for new york city, city's largest business advocacy is now floating the possibility of looking into a recall. some of the top business leaders and there is very in influential, maybe it's better for the city if we look at getting this guy out of office. >> fantastic idea. i would support a recall. it's all self-induced. policies don't make sense to americans. americans want to protect themselves and their families, they want to be able to walk down the street and not worry about being accosted or trying to tell them a crack rock but these d.a.s don't seem to be too concerned about the crime in the country. if they did, we would not be talking about defunding the police, forget about that, it's not even defunding the police in some cities, it's about abolishing them. it makes no sense to me, but this is something the d.a., the democrats, liberal democrats, they own the defund the police narrative and as republicans we need to let the american people know who supports their law enforcement. >> trace: speaking of defunding the police, you wrote an op-ed recently and you know from where you speak being a sheriff, what was your big take-away, what would you tell the country about your admonishnent to not defund the police? >> i served in law enforcement almost 30 years as a sheriff for eight, and my job as a county sheriff as the sheriff in this great country, to do everything you can to keep the people safe in their communities. what we see right now, we see a spike in violent crime, really like never before. these are almost the wild west days, if you do research and so i just think it's very frustrating as a former law enforcement officer to see some of the policies by these liberal d.a.s and the judges, just releasing people on little bail or no bail at all. the american people are going to start fighting back, the american people are going to start arming themselves and they have to take the law technically in their own hands if they cannot count on the elected leaders to help them. >> trace: and they are doing that. congressman, thank you for coming on, sir. >> sandra: some live pictures that we are getting in from brexel hill, pennsylvania, a helicopter has crashed, a medical helicopter, a medi-vac chopper outside of philly. multiple injuries are reported at this time, including a child. we are told the child is an infant. the penn star helicopter crashed at the intersection of bermont road and bloomfield avenue. we are just now getting initial details from this crash. no deaths reported, thankfully, but there are injuries reported. we have no further details than that. we are monitoring the situation for you. obviously hoping for the best here and will bring you the news from drexel hill as we get it. >> trace: as you look at the chopper right there, sandra, it's interesting to know we don't know if it crashed while it was taking off, up in the air, looks like more instead of a high altitude crash, more of a hard landing. it is still fairly intact and when it comes to the lives of the people on board is the most critical element. so, that is a good sign for those on board. it is an awful accident but the premise remains that it appears that this did not just fall from the sky at a high altitude, that it was either taking off or coming in and i'm sure we'll get more information on this coming up in the moments ahead. >> sandra: delaware county, pennsylvania, an infant on board we are told, no other injuries as of yet, went down next to a church we are just told. we will continue to bring you breaking news as we get it. we'll take a quick break and be right back with that. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ earn about covid-19,you need. 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. >> trace: 16 elite universities, a time of increased challenges to college admission practices with the supreme court set to consider two affirmative action cases this week. alexandria hoff live in d.c. how many former students are involved in the lawsuit against the 16 schools exactly? >> trace, right now there are five seeking damages. lawyers told the wall street journal over 170,000 former undergrads are eligible to sign on to this. the 16 private universities include brown, columbia, georgetown and yale, are or have been called the 569 president's group, members use the consensus approach to determine how much a student can afford to pay for school. according to the class action complaint against them, defendants by their own admission have participated in a price-fixing cartel to reduce or eliminate financial aid as a locust of competition and has inflated the net price for students receiving financial aid. accuses them of favoring wealthier students during admission, violating prior legislation from antitrust laws. and two separate affirmative action complaints against the university of north carolina and harvard. the supreme court is considering whether to review those cases and it could be put on the court's arguments docket as soon as friday. harvard and u.n.c. are accused of using admission practices that benefit black and hispanic students, but not high achieving asian american applicants. >> trace: thanks. >> sandra: china stepping up the 0 tolerance covid policy ahead of the winter olympics. alex, what are the new measures? >> sandra, major lockdowns in three big cities. people cannot leave their homes, stores are closed. this latest lockdown came in the city of ayon, after just two cases of omicron were reported and earlier we did see lockdowns in two other cities, and all of this together affects 20 million people. china has stepped up its 0 tolerance policy ahead of the winter olympics, which are set to begin on february 4th. china today gave no real answer on the possibility of a postponement. >> i think this is the last choice should we want to see. what we try our best to avoid and that is our goal of prevention and control measures. >> meanwhile, china is also treating cases of hemorrahgic fever often caused by hantavirus, by rodents, human-to-human is rare. they say these cases are currently at its peak, but the main concern right now ahead of the olympics continues to be covid-19 and making sure that there are no more outbreaks that we see again, just weeks ahead of china taking the world stage for these games. sandra. >> sandra: the world will be watching closely, alex live in london. thank you. >> trace: new at 2:00, president biden and vice president harris are in atlanta pushing overhauling election. georgia is ground 0 for election integrity, critics say democrats are going for a power grab ahead of the upcoming midterms. brian kemp weighs in. and senator tom cotton, dr. nicole saphier, and brett bayer in the next hour. 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(vo) adventure has a new look. discover more in the all-new subaru forester wilderness. love. it's what makes subaru, subaru. ever wonder what everyone's doing on their phones? they're banking, with bank of america. his girlfriend just caught the bouquet, so he's checking in on that ring fund. that photographer? he's looking for something a little more zen, so he's thinking, “i'll open a yoga studio.” and as for the father of the bride? he's checking to see if he's on track to do this all over again... and again. bank of america's digital tools are so impressive, you just can't stop banking. >> sandra: it's not uncommon for someone running for office to avoid their own party's president if he's hurting in the poll, and it's dismissed as politics, not personal. >> trace: it's a different story with stacey abrams, voting laws, president biden is pushing in the state, she wants to lead as the governor. >> sandra: interesting development, right? welcome to a new hour of america reports, all new at 2:00, i'm sandra smith in new york. great to be with you. >> trace: breaking news on the embarrassing snub to president biden down south, and a slap in the face that echos from coast to coast. >> sandra: breaking news ahead this hour, out in atlanta, president biden about to hold an event to push radical changes to our nation's voting laws. but it seems the person most associated with this cause, stacey abrams, wants nothing to do with it. >> trace: the event coming up as the president underwater in the polls on just about every issue can't even get facetime with the democrat looking to run one of the most politically important states in the nation, sandra. >> sandra: moments away, brian kemp on stacey abrams who is gunning for his job. his reaction to the no-show and the problem the president faces to have some of his closest allies calling him out. and if abrams is not there, what is this all about? >> trace: good question. fox news alert, while president biden tries to sell the overhaul of the elections, problems over covid pile up, namely tests. and the struggles so many americans face just finding them. lawmakers on both sides today questioning the c.d.c. director along with dr. anthony fauci about that. and the last hour, admiral brett giroir told us it's clear president biden and his administration dropped the ball. >> i think it's often the administration has failed the american people getting enough tests. there was 0 investment to keep the manufacturing lines open, to keep the employees between january and september, so we lost nine months. >> trace: brett is moments away, but first peter is live for us on the north lawn. peter. >> good afternoon. and for the first time in four days, president biden said something really quickly about the pandemic. he said he's concerned that it's not slowing down worldwide, but that he thinks in the u.s. things are going in the right direction. that's it, since friday. and he says things are going in the right direction, the country he's in charge of, a new record. 1.35 million positive covid test cases in one day. that is a record that is triple what it was last year. you might think that would mean the president would give a big address about that, but no, he's not. it's all about voting rights. >> we have run away inflation eating away at people's money and on top of that, the threat of china and the pacific region, russia on the verge of invading ukraine, you've all these things in the world and instead of focussing on that, these guys are giving speeches about a problem that doesn't exist. >> insurance companies are soon going to have to cover the cost of eight over-the-counter covid tests per person per month. but those are different than the promised 500 million free tests that are supposed to be mailed to people that want them. the contracts for those free mailed tests have not all been signed yet and there are questions about whether or not the tests used right now really even work on this variant. something that was just addressed aboard air force one. >> obviously we want tests to be on the market that are effective, right. but we have been advocating and pushing for more tests to get on the market. we agree more tests on the market means more availability of tests on the market. >> and this time last year president-elect biden was spending his transition, meeting with a group of experts, coming up with a plan about the different things they were going to do differently than the trump administration to address covid-19. they decided then that their focus was going to be primarily on vaccination. testing obviously was not, the need for testing was not forecasted. trace. >> trace: and peter, 1.3 million positive tests yesterday are the ones recorded. a lot of the rapid tests are not recorded. peter, thank you. sandra. >> sandra: president biden's top health officials on the hill and getting grilled on covid. the confusion comes from their teams and questions over their credibility. >> honestly you've lost your reputation. the american people don't trust the words coming out of your mouth. >> i believe that's a real distortion of the reality. if you look at everything that i've said on tv, it is to validate, encourage and get people to abide by the recommendations of the centers for disease control and prevention. look at everything i've ever said. >> dr. fauci. perception is reality. and you are hurting the team right now. >> sandra: this does not help anybody, i mean, admiral giroir was here top of the last hour calling it a mess, mixed messaging, lack of testing, lack of preparation on the part of the administration for the surge we are currently living through right now. my comment about it does not help anybody. we are all living through this pandemic and it seems we can't get the messaging straight from the health officials. >> good afternoon. i think a lot of the most fiery back and forth up on capitol hill between dr. fauci and senators happened about the question of gain of function research and the beginnings and the origins of covid and what he said under oath before and what is coming out now and him trying to clarify that and push back against some of that characterization. that was really the big fireworks, but there are specifics here that have been confusing, from not only fauci, but dr. walensky at the c.d.c. and others and people want to know what to do in the right way and feel like, i think, that they are not getting the whole picture with statistics or everything else. >> trace: brett, i want to point out the president has said the purveyors of covid misinformation need to stop it. and you and dr. walensky on fox news sunday, you pressed her on the misinformation about the supreme court justices what she said. watch this. >> and do you feel responsibility as the c.d.c. director to correct a very big mischaracterization by one of the supreme court justices? >> yeah, i -- here is what i'll tell you. i'll tell you that right now 17 -- if you are unvaccinated, 17 times more likely to be in the hospital and 20 times more likely to die than if you are on, than if you are boosted. >> she didn't want to answer the request he and it's an important question if you are talking about misinformation, coming from the top it needs to be corrected. >> trace: at the beginning of that we got her to say the numbers were not right, that sonia sotomayor, justice sotomayor was wrong saying 100,000 kids were hospitalized, number was 3500 roughly at that time. it's not to say that it's not serious, and that kids shouldn't take it seriously, but the numbers of seriously ill or dying kids is very small if you look at the big picture. vaccinated/unvaccinated. another sound bite out there we should clarify, that 75%, she said, walensky said, 75% of those who died had four co-morbidities, very ill going in. that is where she is talking about vaccinated people. i asked if she knew people who went to the hospital with covid or for covid and those who died, could you break that out on fox news sunday, and she didn't have the stats. the sound bite was from prior, she was talking about vaccinated people and she had those stats. so, listen. we have to get the numbers right, we have to be able to say what it is and after two years the c.d.c. should have those stats. >> yep. yeah. >> and not to mention they the point admiral giroir made, free tests going out to the american people. we are not going to be able to track those tests. so, add that to the list of problems. but here is lisa murkowski in the hearing earlier on that very point. testing and the disappointment from the administration lack thereof. >> i know we have heard the extraordinary federal resources that have gone that way, but, the facts on the ground remain that we are in an extraordinarily short supply of testing. >> that's a problem, brett. >> big problem. and you know, the president says it's on the way, that help is on the way, but it's not yet, at least you can't get one or it's a little tougher to get one, and now has mandated and not sure under what authority but mandated the insurance companies to pay for tests, up to eight per person, 32 for a family of four. that's great except you have to be able to get them and after the eight are done, do you get another eight? because where is the testing regime that we are following as a country, only symptomatic or we test everybody? >> i want to swing this a little bit if i can, brett, we talk about the chicago schools are going back to school tomorrow, struck a deal with the chicago teachers' union, thinks kids should be in school, education secretary, the c.d.c., and yet there does not seem to be much pressure towards the teachers' unions. you know it's only a matter of time before another school district shuts down again. >> i think it's a major, major issue, and it is one of the political vulnerabilities for democrats, why you see some of them speaking out vocally and forcefully about the chicago situation. you know, we saw this negotiation come to some conclusion but it's not the end. there are 5,000 schools around the country that have closed one way or another because of covid. and that has to do with their mitigation strategies that billions of dollars went from the last covid relief bill. >> yep. >> sandra: and c.d.c. director walensky said herself earlier, she said the schools should be the first to open, the last to close. we know a whole lot more now than we did a year ago, right? brett, great to see you. >> trace: have a good one. >> sandra: see you at 6:00. kids need to be in school, we agree on that, that is coming from the left, that's coming from the right. we are not where we were a year ago, and looking back a lot of lessons learned. kids are in school safely, a year ago as well. right? >> trace: and how powerful the teachers' unions are from california, new york, chicago, they are extremely powerful and a lot of politicians are refusing to push back against them because of the money they tend to donate during these campaigns. meantime, stacey abrams skipping president biden's big speech in georgia and not the only far left leader who won't be in attendance. georgia governor brian kemp is moments away. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ looking to get back in your type 2 diabetes zone? once-weekly ozempic® can help. ♪ oh, oh, oh, ozempic®! ♪ ♪ oh, oh, oh ♪ ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. 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powerful .05% retinol that's also gentle on skin. for wrinkles results in one week. neutrogena®. for people with skin. >> trace: breaking news out of drexel hill, outside of philadelphia, a medical helicopter either crashed or had a hard landing there. we earlier had reported this was a penn star helicopter, that is not the case. the helicopter is coming from out of state and it went down about 90, maybe 95 minutes ago. four people on board. the good news here is that all four people, including an infant, did get out safely. in fact, they were able to extract themselves. the pilot helped a nurse and the infant get out and none of the injuries is thought to be life-threatening. again, we do not know if this was a crash or a hard landing, but you see right there, the fuselage is mainly intact, which signifies a lot of times the people inside usually fare much better than if things are broken off. we'll update you on the crash outside of philadelphia as more information comes in, sandra. stacey abrams has a scheduling event. her car is getting a tune-up, you can understand. it's hard, you can't -- >> you don't know. >> the mechanic, half the mechanics are home, she obviously does not want to be on the same stage with joe biden. >> sandra: laughing about stacey abrams not showing up for president biden, the president and vice president are in abrams' own state of georgia to push for a voting rights bill that they are calling a power grab. brian kemp, a job abrams wants. j do you think they snubbed him, welcome. >> well, either wrote a speech for him knows what he's going to say or realizing georgia is not buying what he's selling and trying to avoid him because of his faltering poll numbers here in georgia and across the country. >> sandra: president biden seemed to explain it this morning when he began his travels by saying this, governor. listen. >> i spoke with stacey this morning, we have a great relationship, we have our scheduling mixed up, i talked with her at length this morning. we are all on the same page, and everything is fine. >> sandra: she helped deliver him the state of georgia. i mean -- you look at him sinking in the polls and now stacey abrams won't even show up for him. what does this mean for your chances? >> well, look, we are going to keep running on what we have done in georgia. i was hoping the president and vice president were coming to celebrate the university of georgia winning the national championship or us perhaps having the strongest election integrity act in the country but that's not what they are doing. they are selling the signature issue of stacey abrams and voter suppression and the things that simply are not true and stacey is realizing that georgians are not buying that and the numbers are faltering and she continues to flip-flop on this issue. she's been all in at times and now avoiding the issue. she was pressuring major league baseball, the players union to boycott the all-star game because of the bill we passed, and then said don't boycott, against voter i.d. before and then supports in the federal legislation. georgians know what the truth is. our bill makes it easy to vote and hard to cheat. when we passed this bill we had early voting days, you know, 16, 15, 16 days of early voting. joe biden's home state of delaware had 0. it's not until this year they are going to have early voting. for him to come here and criticize our election law is disingenuous. >> sandra: and the washington post said somehow biden managed to turn the expansion, calling it among the outrageous parts of the law. there is no evidence that is the case, that it ends voting hours early. the president earns four pinochinos. why did he continue with this when it was highlighted incorrect in a false narrative so many different times in his speeches. >> one thing is democrats never read the final version of the bill that does what i said. it makes us have secure, accessible, fair elections in georgia, easy to vote and hard to cheat. they pushed the narratives and the talking points based on polling of how well voter suppression poll 3 and 4 years ago and you look back, when stacey abrams started saying. it does not matter to them that's not true, they peddle it like it is, and like senator rubio is saying he is trying to distract from other disasters. federal takeover of elections, federal mandates on vaccines and everything else, record high inflation, you know, punting on china, russia, they are not even talking about -- i hope they'll leave here and go to the southern border so the vice president can actually see what she is in charge of. i was down there christmas eve, i mean, the policies of this administration on illegal immigration has now turned into mass migration in our country. and you know, we are going to continue to push back against that in georgia, and i told people the truth, i'll continue to do that, and the other side does not want to answer questions about our elections law. >> sandra: quick, the congressman from wisconsin first district was on with us earlier, bryan steil, listen. >> joe biden is going to georgia to push the lie that republicans are trying to restrict voting access. what republicans are trying to do, is instill integrity in the elections. biden and the democrats want to nationalize the election, gut voter i.g., ballots counted seven days after the election, opposite what we should be doing. >> sandra: blistering attack what's going on to sum it up, the priority for this administration and for joe biden and kamala harris is be there in georgia today when we are all living through this pandemic surge that is happening, record cases happening in so many parts of the country and so many other crisis, and i should have started off with the congratulations on the victory first. >> well, thank you. you know, we'll continue to work hard and tell people the truth. the states have always had the constitutional authority to decide what their own election laws are. states like delaware and you know, california and illinois and other places that have laws i would never want to be on the books in georgia but their state legislators have the ability to do that. we just believe we should be able to do the same thing here in the great state of georgia. we support simple things like voter i.d., continueous counting, securing drop boxes, making sure people are not harassed when they go vote, not having people stand in line a long time and this bill addresses all those things but also adds additional days for people to vote in georgia early on the weekend, and they call that suppressive and jim crow 2.0. they are not being truthful. >> sandra: georgia governor kemp, appreciate your time. come back soon. >> trace: bitterly cold air from the arctic, some places feeling their coldest temperatures and wind chills in three years. adam tracking the frigid air from the fox weather center. adam. >> you said it. frigid indeed, and as a result no surprise here, we have wind chill alerts heading into the afternoon, particularly interior new england, well below 0 for a feels like temperature. that's what it feels like when the wind hits you. as you can see, maybe one of the warm spots, balmy 6° in new york but a little farther north, negative 17 in albany, negative 18 in maine. so really cold air, particularly up towards the north, negative 22. boston negative 3, those are the wind chills. daytime high in new york city, 21. 20 in buffalo, burlington only 2° today. now, as we look towards the rest of the week you are actually going to see some of the heat just off to the west kind of funnel on in and things get more comfortable. for the forecast tomorrow, you see the time stamp up in the corner, areas down well below freezing quite a bit warmer, 40 in pittsburgh, nearly 50 in washington, d.c., 40° in new york city and then that funnels in a little bit farther as you continue on into eventually thursday and suddenly boston is closer to 40°. now, all of this cold air, there are some folks laughing at us, it's not this way across the entire country. warming up in the plains, 15 to 20° above average. what does that ultimately mean? this is wednesday. some of these areas would be absolutely freezing this time of year. instead, daytime highs up into the 50s for portions of the plains. trace. >> trace: thank you. sandra. >> sandra: china forcing millions of its own people into brutal lockdowns before the olympics kick off and beijing is promising foreign athletes and journalists will get uncensored access to the internet during the games. but will it be safe? senator tom cotton on that next. first psoriasis, then psoriatic arthritis. it was really holding me back. standing up... ...even walking was tough. my joints hurt. i was afraid things were going to get worse. i was always hiding, and that's just not me. not being there for my family, that hurt. woooo! i had to do something. i started cosentyx®. i'm feeling 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social media. both are censored for everybody else in the country and experts say it may be a friendly gesture to foreigners or may not be that it seems, but anyone using the internet in china an easy target for the hacker spies. tom cotton joins us now. senator, great to see you. lock down 20 million in free provinces, that's the bad news, but good news, giving free social media to athletes. >> we all post freely about china's crackdown and imposition of martial law in hong kong, genocide against racial and ethnic minorities in northwest china. i'm sure all the posts will go out without any censorship with the chinese communist party or without threat of reprisal. it's a joke, simply designed to cover up and protect its reputation when so many western companies and western countries are finally beginning to acknowledge what's going on in china, even if they are not willing to do what we should, boycott the olympics. >> mike pompeo said this about the whole social media access thing, watch. >> those people in the chinese communist party know the athletes are coming, monitor every thing they say and do, they will keep it in the hands, the cluchtes in the hands of the chinese party forever. so many great places you could host olympics, but not in the tyranical regime that does not care about life the way we do, does not respect rights. >> trace: somebody is watching you what the theme is, your thoughts. >> asked the biden administration the plan to protect the athletes, from d.n.a. harvesting or kidnapping or hostage taking or unlawful arrest. a couple months ago i called for a boycott of the olympics, we cannot guarantee the safety of our athletes. do we really trust the party will not arrest and detain american athletes or coaches or trainers or other staff, they did try to post something about taiwan or hong kong, or did try to fly a flag outside the olympic village or make a gesture on a medal stand. i certainly don't, disappointing the biden administration does. with covid rampaging across china, every reason to postpone the olympics just like the games in tokyo in 2020 were postponed, and move them somewhere else in the near future. >> trace: we focus on the athletes but the surveillance could extend to the visitors, the people going there to watch the olympics. fair? >> that is fair. no american, whether they are on the olympic delegation itself, a member of the media, someone in the country wants to watch the game is safe from this kind of surveillance or arbitrary arrest and detention by the chinese communist party. >> trace: i'm wondering senator if you think it's odd you have some of of the companies, global corporations that literally, we talked about this earlier, that literally are celebrating the beijing olympics. american companies, same companies like coca-cola that said you know, all-star game needs to be out of georgia. >> i don't find it odd, i find it revolting a company like coca-cola, which boycotts its own state for passing a democratic law that would make it easier to vote and hard to cheat is at the same time celebrating the chinese communist party throwing their genocide olympics. no company should be celebrating these games. all of these companies are obsessed with getting cheap stuff out of their chinese plants or getting access into the chinese market or both. it's shameful they are willing to put profits above patriotism and above freedom. >> trace: i'm curious, sir, what kind of pushback or response have you gotten when you say and you've advocated this several times, to boycott these olympics, to get out of the olympics and go elsewhere. >> obviously the athletes don't want to miss their shot at olympic gold. i don't want them to miss it either. i put the blame on the biden administration, secondarily on the international olympic committee for citing the games in china in the first place. china poses a great covid risk as well, good reason to postpone the olympics and to place them elsewhere in the civilized world so the athletes will have a chance later this summer when it's winter in the southern hemisphere or next winter if you go somewhere in europe to conduct these games. it happened with the summer games in 2020, which are much larger and much more complex. it could happen with the summer games, it can happen with the winter games. >> trace: senator cotton, good to see you, sir, thank you. >> thank you, trace. >> sandra: a fight over free speech between whole foods and the national labor relations board. supermarket claims it has the right to ban employees from wearing masks with slogans, including black lives matter. but the feds say that violates free speech and both sides are claiming the first andment in defense. david is live at the justice department for us. >> whole foods is also saying the first amendment is being stifled by the national labor relations board. this was a complaint that was just filed last month as it's making news for all of those whole foods customers across the country. the board in a complaint argues the up scale grocery giant said they refused to allow them to wear them in the store on the clock, specifically attorneys for whole foods argue the general counsel, a biden appointee, three and a half years on the term, is unlawfully infringing upon or diluting the protected trademarks by attempting to force the company to allow employees to wear the b.l.m. masks. >> what's extraordinary about this case is the nlrb is seeking to force whole foods to accept political masks at the workplace, the overreach by the federal bureaucrats in an area of subtle law. >> whole foods says our dress code policy does not single out any one message or slogan, designed to create a workplace and shopping experience focussed entirely on excellent service and high quality food. do not believe we should have messages on uniforms that shift the focus from the mission. mrlb not commenting for the request for an interview. it will head to an administrative hearing in march and we will follow it. >> sandra: we will indeed, a lot of folks will want to see where it goes. thank you. trace. >> trace: i think we have the president coming in, we do indeed. here is president biden in georgia. oh, there he is, walking with vice president kamala harris. this is the pool feed. the president there of course because they are promoting what they are calling is, you know, this voting rights legislation that the president is pushing. he's gotten some pushback because of the fact that covid cases are at a record high. and he has not commented about those yet, and other problems such as the border and other crisis going on. they say he is a trying to frame it to look like the republicans are assaulting the voting rights act of 1965 and instead the republicans are saying they are not doing that. there is no sign of that whatsoever. as the president and vice president lay the wreath at the martin luther king, jr. memorial, sit here and watch, and sandra, this is one of those things where we talked about this earlier, but you know, stacey abrams is nowhere to be seen in this group of people because she, the president says had a scheduling problem and others have said that she doesn't really want to appear with the president on the same day when his numbers are plummeting. >> sandra: and watching the family with the president and the vice president as well, ahead of the speeches we will hear later. lay a wreath at the crypt of martin luther king, jr. and coretta scott king in atlanta, georgia. the live feed we are getting from the pool right now. obviously all eyes on the president and the vice president as we await their speech. they are facing growing appreciate, trace, as you just mentioned, to pass these two pieces of legislation in the senate and the president's speech is expected as we have seen snippets of it to endorse the senate filibuster rules that have stalled the legislation. he is calling for big change. that could have big implications come the midterm elections. so, all eyes on georgia at this moment, trace. >> trace: yeah, and we are expecting the president to speak a little later on today, of course we will bring that to you live. the president thinks it's a very important topic. we talked about this earlier, how the democrats are framing this in a way where they talk about voting rights legislation and what they should do and nancy pelosi, the house speaker last week, the president and the vice president as we see them go by the memorial, martin luther king, jr. they will lay a wreath with coretta scott king, the president and the vice president last week went and said on the anniversary of 1/6, that in fact you know, it was equated with 9/11, and with pearl harbor and then you had nancy pelosi coming out and kind of using 1/6 to tag it into the voting rights debate that's up on capitol hill. let's bring back in brett, the anchor of special report. so, i mean, they think that the 1/6 thing, we talked about this last week on the anniversary, they believe it's resonating for them, and they are trying to link a lot of different subjects into this. >> that's right, trace. and obviously january 6th, a dark day in history but that speech that the president gave and the vice president gave, they tried to link it directly with this effort on voting rights. the problem is, no matter all of these speeches and all of these moments, and it's powerful. i used to live in atlanta, the m.l.k. crypt is a special place to visit and powerful image to see the president and the first african american vice president woman standing there, but all of this does not add up to numbers in the senate as far as breaking up the filibuster carving out an exclusion for voting rights legislation. right now they don't have it, and joe manchin can only say it so many times. the democratic senator from west virginia. he's not there, and he wants republican buy-in to any change as we watch them paying their respects. >> sandra: as we take in this moment i'll bring you back in. after the wreath-laying ceremony, they will go to the ebenezer church where he was a pastor until 1968. they are going to be walking with the family there, as they continue to pay their respects. we just lost the pool feed, brett, you are with us i assume. this is a big day in georgia. the president is also sending another message as i just discovered with governor kemp and he uses it as a reason to be very critical of this administration, that they are prioritizing this visit to georgia in this moment above all else. >> yeah, and i heard the governor's comments earlier, and remember, you know, he's running first in a primary on the republican side against david purdue, former senator, but if he gets through that in the general election against stacey abrams. i think it's striking that stacey abrams is not there today. i think the president was asked about that, got a little bit prickly with the answer saying it was a scheduling mess-up, scheduling mess-ups don't happen when the white house is moving a giant organization like this to a state where she is running for governor on an issue that she spent years doing, voting rights changes. we should also point out ebenezer baptist church is where rafael warnock, the current senator from georgia was a pastor as well, so there's a lot of politics in and around the atlanta area that is fascinating to watch today as this pitch is made for voting rights. >> trace: a lot of politics and you specialize in politics, brett. >> sandra: i was just going to say if it was a scheduling conflict and we were to give her the benefit, just let us know. we would love to know what the priority was, right? >> yeah, hey, we'll move it to thursday, how about that? >> sandra: right. >> see you at 6:00 p.m. on "special report." brett, thank you so much for coming on. >> sandra: brett, thank you. hospitals are treating more patients with covid than ever before. you have seen the surge while also dealing with staffing shortages in many cases. dr. nicole saphier will put the latest numbers into context for us and how they are handling this incredibly difficult situation. but team coverage now, on the staffing shortages at nursing homes in particular. but first to madison at the hospital in new york dealing with the patient surge right now, and not enough front line employees. how are they handling this? >> sandra, it's been hard not only at this hospital but hospitals across the u.s. we have hit a new milestone, a high with covid-19 hospitalizations today, but this hospital behind me last week was dealing with issues. recommendation to ambulances to bring patients to other hospitals because they were crowded. that only lasted for a couple hours, though, because the surrounding hospitals, they were dealing with the same thing. overcrowding and understaffing. this all happening as omicron continues to spread through the u.s. really hitting many of our essential services with healthcare being at the forefront of that. after over two years in the pandemic, doctors, nurses and other healthcare professionals, they are tired, overwhelmed and some cases leaving the profession all together. if we continue on the same path, it's estimated 3 million healthcare workers by 2026 what we could be short at this point. and hospitals are understaffed and overcapacity like right now, problems arise. so in a study of covid-19-related hospital deaths from the beginning of the pandemic when we saw another surge, it was found nearly one in four deaths was potentially attributed to surging case load. and now you know, we are seeing that issue right now with hospitals dealing with these essential staff leaving and it's causing problems. take a listen. >> you know, in some cases it's not as if we don't have the equipment and we don't have the beds, we just don't have the staff to take care of the necessary demands relative to the care. >> absolutely a dire situation with healthcare in america today. sandra. >> sandra: madison alworth, thank you. trace. >> trace: historic staffing shortages inside of america's nursing homes, brian, good afternoon, andover, new jersey. >> trace, good afternoon. unprecedented crisis. nursing home industry is short 230,000 caregivers, lost 15% of the workforce. and what you are seeing is essentially these understaffed long-term healthcare facilities nationwide are now having to deny new admissions from hospitals. consequently, this contributes to a backlog and overcrowding at hospitals that now can't free up beds for new patients amid a surge in omicron. >> people are burnt out, people are leaving, but now people are getting sick with the omicron and so they can't come into work, so that's sort of a double whammy. we need help from the states, the feds to send staff in our sector. we have responded to the hospitals but forgetting about the nursing homes. >> connecticut is so desperate for hospital beds they are now asking nursing homes to accept covid-19 patients into their facilities and critics point out that's the very policy that may put the most at risk, the elderly, at more risk. all of this as the national guard has been called into states like here in new jersey where the woodland center behind me is dealing with the worst outbreak in the state, some 330 patients and staff have covid-19. trace. >> trace: it's dire, thank you. sandra. >> sandra: let's bring in dr. nicole saphier, thank you for being here. it's brutal to see some of the staffing shortages and what some of the facilities are dealing with from hospitals to nursing homes. i mean, we are in the thick of it yet again here. >> sandra, new york alone lost about 34,000 healthcare workers because of the vaccine mandate and now the governor said mandating boosters. so the once sung healthcare heroes are subjected to the policies by state lawmakers based on very little clinical data that demonstrates short-term and long-term effectiveness. so, unfortunately you have healthcare workers now mandated to be boosted and while you have pfizer c.e.o. saying in parallel, oh, an updated booster in march be more efficacious against the newer variants. so a couple months later, healthcare workers you need another booster and boost healthcare workers into perpetuity, it's not a reasonable action, especially as we have more data coming out of california right now that looks at 56,000 omicron cases, demonstrating about a 50% reduction in hospitalizations as compared to delta. of the people who were hospitalized, about a 70% reduction in their length of stay and 75% reduction being admitted to the i.c.u. this is a milder variant. we have vaccines, we have boosters, we have treatments, we just need to make sure they get into the people that need them. >> dr. saphier, appreciate your time on this. we are short on time. >> trace: the great resignations from the kids' classrooms. expand your limits in the 2022 lexus gx with apple carplay support. get 2.49% apr financing on the 2022 gx 460. ♪♪ mass general brigham. when you need some of the brightest minds in medicine, this is the only healthcare system in the country with five nationally ranked hospitals, including two world-renowned academic medical centers, in boston, where biotech innovates daily and our doctors teach at harvard medical school, and where the physicians doing the world-changing research are the ones providing care. there's only one mass general brigham. 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. ♪ ♪ >> john: the problems piling up for remote learning. now a record number of teachers calling it quits. rich edson with more. >> good asp, trace. there's reports of teacher shortages. in d.c., they were looking for substitute teachers. in boston, you have districts looking to raise teacher pay to attract more candidates. the department of labor says in november there were 320,000 openings in local case. a year ago, fewer than 10,000. teachers across the country turn in letters of resignation and leave the classroom behind. >> this year is just -- teaching, period, is hard, right? teaching during a pandemic is even harder. >> the biden administration has pointed to billions in pandemic money for more staff. there's some experts that say this issue is overblown and you have a pandemic bump. the labor department shows that there's more teacher hires on the local level, which shows teacher quitting one school district to work in another. back to you, trace. >> john: thank, rich. sandra, in my daughter's high school, they're bringing in substitutes. they don't know the curriculum, so they have kids work on their own throughout the class, this is real will a wasted day. >> sandra: teachers telling the -- the kids telling the teachers the curriculum. all right. we hope everybody can get back to some sort of normal. great to be with you. thanks for joining us, everybody. i'm sandra smith. >> good day. >> martha: okay. thank you to sandra and trace. good afternoon to you. i'm martha maccallum at fox news headquarters in new york. covid cases hitting a new record high. this is since the very beginning. 1.5 million infections in the united states. despite that and the fact that we have more deaths in 2021 than in 2020. the president said this today as his covid team battled tough questions. >> i'm concerned about the

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Transcripts For FOXNEWS America Reports With John Roberts Sandra Smith 20240709

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czar admiral giroir is our guest later this hour. >> sandra: president biden and vice president harris visiting atlanta to push voting rights legislation to overhaul the election. it's an issue democrats feel is critical to their chances in the fall midterm elections and beyond. i'm sandra smith in new york. trace, welcome. >> great to see you. >> i'm in for john roberts. the president will endorse changes for a key senate rule to pass the bill but the republicans say it's nothing more than a power grab and a way to nationalize elections and a system to help democrats. >> sandra: steve is in atlanta with the latest. so, this trip seems to be under attack before it has even happened. >> that's right, sandra, under attack and from the left as well. mainly democrats right now who are doing the criticism. the president and vice president will make their first stop at the crypt of slain civil rights leader, reverend martin luther king, jr., lay a wreath there and then ebenezer baptist church before historic black colleges. >> why were they before and after to vote, history will judge it. it's that consequential. the risk is making sure people understand how important this is. >> there are two voting rights bills right now stalled in the senate, republicans including the governor here in georgia have criticized them, saying they are an attempt by the federal government to unconstitutionally take control over elections. among those travelling, rafael warnock from georgia, a tough battle ahead against walker, but more interesting, who is not here today. several civil rights groups leaders, voting rights groups leaders are not going to come out as an empty speech as a prop. they say enough platitude and nicities. and the day the president is in atlanta to talk about voting rights, stacey abrams has a scheduling conflict. back to you. >> sandra: interesting, steve, thank you. it would be shocking that she could not move around her schedule to make the appearance there, but we are going to have brian kemp on, the governor of georgia coming up and he says the president is doing nothing but continuing his campaign of falsehoods with this trip. he's got a lot to say about that, he'll be joining us shortly. >> and asking the wisconsin congressman about the fact the democrats frame it as an assault on voting rights and equating this with january 6th. nancy pelosi saying it's a continuation of january 6th, fascinating for his response on that. and rochelle walensky and dr. fauci facing major criticism on capitol hill, senators question on the lack of covid tests nationwide and confusing guidance offer the by the cdc. admiral brett giroir will join us on his thoughts on the testing shortage, but first chad is live on capitol hill with the latest. chad. >> good afternoon, trace. democrats and republicans alike vented frustrations over testing and confounding information about isolation and quarantines. the top republican on the health committee says the public is skeptical of the administration when it comes to the pandemic. >> can't come as a surprise there is confusion and anger when the white house says to ignore cdc guidance. >> g.o.p. senator susan collins said congressional located plenty of money for testing but tests remain scant. >> our frustrated constituents cannot find rapid tests when they need them. this testing crisis appears to have been entirely preventable. >> the hearing also featured another verbal donnybrook between rand paul and fauci, saying accusations put him in danger. >> whens when he gets out and accuses me of things completely untrue, all of a sudden that kindles the crazies out there and i have threats upon my life, harassments of my family, and my children with obscene phone calls. >> fauci came to the hearing prepared for hand to hand combat, and even brought printouts from paul's website, that says fire fauci. he says he uses the scrimmages to raise money. >> sandra: admiral, great to have you here. as we have been watching the hearing, contentious at times, heated exchanges with dr. fauci and some lawmakers, including roger marshall. really took on dr. fauci for the lack of trust, the eroding trust in our nation's health officials. a bit of that exchange. >> honestly you've lost your reputation. the american people don't trust the words coming out of your mouth. >> i believe that's a real distortion of the reality if you look at everything that i've said on tv, it is to validate, encourage, and get people to abide by the recommendations of the centers for disease control and prevention. look at everything i've ever said. >> dr. fauci -- >> perception is reality. and you are hurting the team right now. >> sandra: seems we are a point in this pandemic, admiral, where the attacks are now coming from both sides over the erosion of trust and the mixed messaging coming from the administration and the health officials advising it. >> well, i certainly agree with that. trust is very hard to regain once you have lost it and we have seen political promises that were really not reality and now we are facing it with a million and a half cases, biden has not shut down the virus. confusings and contradictory information from the c.d.c. and dr. fauci on the same day contradicting them and chaotic leadership that have not kept up to the standards in the trump administration, so yes a lost of trust but we can get together and redo that if the president and the administration levels with us, tells us honestly what's happening, be transparent, and move forward from where we are. we don't have enough tests, let's get a strategy how to use them wisely. >> sandra: i mentioned the bipartisan criticism thrown dr. fauci's way in the hearing room this morning. here was democratic senator patty murray of washington, attacking director walensky over the lack of testing. >> i am disappointed as i said by the testing challenges we are facing. tests are costly, people cannot find the at home tests, they are waiting in long lines and often after that waiting days for results. so it's, you know, ineffective at the end of the day. >> sandra: has this administration failed the american people by not being prepared for this current surge and now promising those at home tests will be mailed out in jen psaki's words in the briefing room yesterday in coming weeks? have they missed it, have they failed the american people on getting enough tests out there? >> i think it's obvious the administration has failed the american people getting enough tests and the reasons are pretty clear. there was 0 investment to keep the lines on, the manufacturing lines, employees between january and september so we lost nine months. we should have been at the level that we are back in march. we should have a billion or 2 billion tests per month but they lost that. secondly, it's a drop in the bucket. 500 million tests you heard in the hearing they are going to start coming out at the end of january and then over 60 days, so we have really three months for 500 million tests, a drop in the bucket. ok. this is where we are, let's show some leadership, own up to it, own the problem, and say we can't just give tests out willy nilly, we have to strategically provide them to the elder, co-morbid conditions so if they get sick they can test immediately and get on the oral drugs or monoclonal antibody, i'm very disappointed. >> sandra: it's tough to watch, and a lot of criticism is heaped on walensky and fauci in this moment on capitol hill from democrats and republicans and this op-ed questioning the testing short falls, everybody has a personal story not being able to get a test for yourself or a family member if you need one. baden's 500 million tests do not go far enough, says the hill. the plan for 500 million test kits available at no cost later this month, sounds great but not far enough. widespread use of at home tests requires a shift how to track the virus and impact on communities. that's by sheldon h. jacobson, ph.d.. admiral, i'll ask you, are we prepared to handle the influx of all the test results once the free tests, 500,000 are mailed out? what do we do to track the virus and how does it track communities? >> they are not going to be reported, very few of those will be reported and we identified this problem and put an important working group together at the end of the trump administration with real solutions to this. i don't know what happened, but i can tell you even, and i want to say this, these regional centers announced yesterday by the cdc, that was a trump plan we almost had completely implemented by the time we left. it has taken them an entire year just to get the first centers up and running. so, what you are seeing is that they put all their eggs in one basket and sure, vaccinations are important. i want everybody to get vaccinated, but testing is important, therapeutics, and they were put to the wayside and you are seeing it in spades in testing. look, we are in a bad situation, we need to use the tests wisely to keep people out of the hospital and keep them from dying, not just on the internet, first come, first serve. >> sandra: i've got to leave it there, admiral. sum it up in ten seconds or so, it's a big one. so many predictions out there that perhaps because we are seeing this record surge, that perhaps the end is near. do you have any predictions when things get better? >> i do believe we are, this is the beginning of the endemic phase, we have to learn to live with covid, it's going to be much less severe as population immunity rises and omicron is going to do that. i hope people are vaccinated, but if they are not vaccinated they'll get omicron. we are seeing that association between hospitalizations and numbers of cases so i do believe it's the beginning of that endemic phase where it becomes something we have to deal with, not shut down our schools, not shut down our societies, but keep the hospitalizations very low using all our tools, including oral therapies and testing. >> sandra: we'll have you back soon, admiral brett giroir, appreciate your time. it's a tough pill to swallow but he's given such good guidance throughout, it's hard to believe, we are at the point we have to accept living with this virus in some manner, perhaps for quite some time. >> and made a great point when he said look, the rapid tests are not being reported. they say there is a million cases of coronavirus a couple days ago, yesterday, it really is a lot of, doctors have said, could be 3 million, could be 4 million, because the rapid tests are not being turned in. great stuff. meantime, possible new fallout for manhattan so-called soft on crime district attorney. could a recall effort be in the works? details on that straight ahead, plus this. >> this is nothing more than an election power grab by the democrats. it's just ridiculous what they are trying to do here to federalize these elections. >> sandra: georgia lawmakers are ripping president biden's plan to overhaul elections. many are calling it a power grab by democrats that could have major implications for the midterm election. ranking member congressman brian stiel will join us next. er diab. but she didn't know what was right for her. no. nope. no way. but then helen went from no to know. with freestyle libre 2, now she knows what activity helps lower her glucose. and can see what works best for her. take the mystery out of your glucose levels, and lower your a1c. now you know. freestyle libre 2. now covered by medicare for those who qualify. 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. new year, new start. ♪ liberty. liberty. liberty. liberty. ♪ and now comcast business is making it easy to get going with the ready. set. save. sale. get started with fast and reliable internet and voice for $64.99 a month with a 2-year price guarantee. it's easy... with flexible installation and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. comcast business. powering possibilities. >> sandra: students in chicago public schools will be back in the classroom tomorrow. standoff between the city and the teachers' union came to an end after the two sides reached a deal over covid protocols. agreement outlined safety measures, expanding testing and p.p.p. for substitute teachers and guidelines for individual schools instead of entire districts. teachers will report back to the classroom today in preparation for the students to thankfully return tomorrow. and i do believe cdc director walensky was just speaking in the hearing and said that schools should be the last to close, no matter how bad this gets. those kids need to be in the classroom, trace, no doubt. >> trace: president biden wants that, cdc director, education secretary saying the same and why the administration is not pushing teachers' unions, putting their feet to the fire about this issue. meantime, president biden arriving in atlanta moment ago to push an effort by democrats to overhaul elections. critics say it's for political gain. wisconsin republican congressman and ranking member on the subcommittee on elections, bryan steil. great to see you. the democrats are framing this as voting rights legislation saying the voting rights act of 1965 is being violated and that minority votes are being suppressed. how do you counter that narrative or change that narrative? >> joe biden is going to georgia to push the lie that republicans are restricting voting access. republicans are trying to instill integrity in the elections. he should be going to new york city where democrats want to allow noncitizens without an i.d. to vote, the same time requiring a vaccine mandate and an i.d. to go to a restaurant? you can't make this stuff up. biden and the democrats want to nationalize the elections, gut voter i.d., ballots counted seven days after the election, opposite of what we should be doing. we should be working to instill integrity in the elections. >> trace: framing this is a big issue. we saw president biden and vice president harris equate the january 6th riot with 9/11, with pearl harbor, and now you have housing speaker nancy pelosi also using january 6th in this debate. watch. >> the republicans are doing across the country is really a legislative continuation of what they did on january 6th, which is to undermine our democracy. to undermine the integrity of our elections. >> trace: continuation of what they did on january 6th, your response. >> the democrats are using everything they can to nationalize the elections, california and new york style elections on all 50 states. we need to inform the american people, how disastrous, whether you call it hr1, the manchin compromise, they do the same thing. move the power of the elections to washington d.c., gut voter i.d., put federal dollars into politicians re-election campaign, not what we want. we want to instill integrity in our elections and we have to fight for the american people to instill integrity in our elections and prevent a national takeover. >> trace: talk about the push to suspend the filibuster. your former colleague wrote in this op-ed in the wall street journal, writes democratic efforts to suspend the filibuster to pass either bill present a clear danger to the crown jewel of american liberties and would mar the laws half century bipartisan legacy. did he get it right? >> he is a great thought leaser on this topic that we cannot allow partisan politics to overtake the elections. when the senate put forward the filibuster to make sure we had partisan and non-partisan aspects, not allow the democrats on the party line vote to alter the elections, to allow the elections to be nationalized. fight tooth and nail to prevent the democrats from nationalizing the elections and gutting voter i.d. >> trace: still on voting but a slightly different subject. r.n.c. suing the mayor of new york city for allowing noncitizens to vote? >> republicans have to make sure we maintain integrity in the elections, we cannot loosen the election laws. we need to instill integrity so americans have confidence in the results. >> trace: bryan steil, thank you, sir. and that's it right there, it's, and really is, it's a hot button issue but all about framing and the democrats think they have a winning message by equating whatever it is, whatever the subject is by bringing in january 6th and equating that. find out in the midterms how effective that was. >> sandra: we are, and we will see president biden and kamala harris in georgia, we will monitor that. brian kemp will join us live top of the hour to react to democrats pushing to overhaul the elections and everything you heard there from that lawmaker. so, we will anticipate that. trace, meanwhile america's hospitals overwhelmed as the omicron variant breaks new pandemic records and as staffing shortages continue. some healthcare workers are directed to stay on the job, even if they are infected with covid. dr. nicole saphier is here, and monitoring the hearing and bringing anything she thinks is relevant to us. >> trace: the i.r.s. cracking down on digital payments, requiring apps like venmo and paypal to report some of your actions. ♪ i wonder who is watching me now ♪ ♪ the i.r.s. ♪ ♪ feels like somebody is always watching me ♪ ♪ and i have no privacy ♪ ♪ always feel like somebody's watching me ♪ your strength can outlast any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs, once-daily vraylar is proven to treat depressive, acute 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"preservision is backed by 20 years of clinical studies" "and its from the eye experts at bausch and lomb" so, ask your doctor about adding preservision. and fill in a missing piece of your plan. like i did with preservision" >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ >> trace: bitter cold temperatures blasting much of the u.s., wind chill warnings and advisories across the northeast. arctic invasion in the region bringing some of the coldest air seen in years. some schools even closing their doors in anticipation of the frigid temperatures. fox weather multi-media journalist is live in boston with more on this. middi. >> good afternoon, trace. so cold here in the city of boston that leaders decided to shut down schools. to put that in perspective, this is a move they have not done in seven years. so, for students across the district here, it's the second snow day this school year. the first one was just this last friday after this area was hit with six inches of snow. now, the main concern in areas like boston is the school driver shortage. we are seeing this issue across the country, but here in boston with the frigid temperatures it means students are waiting at the bus stop for a lot longer. take a listen to what the mayor had to say during a news conference yesterday. >> we want to make sure there is no risk of students either out in the cold, on the way to school, or having issues in school because the ventilation that's needed with the pandemic. >> now the national weather service has issued a wind chill advisory and that will last until about 4:00 eastern time. if you walk out the doors it could feel about negative 20 today. despite the cold temperatures, some parents are concerned about these closures, take a listen. >> there was a thing called virtual school that my state opted out of. if we would have kept that in place, the kids tomorrow instead of missing a day of school would be able to jump into something else. >> in-person classes are expected to resume wednesday morning when the temperatures double to the 30s, trace. >> trace: the heat wave coming in. good to see you, thank you. >> sandra: i.r.s., staffing shortages and backlogs will likely cause delays in refunds and other services as the biden administration is calling for spending even more. $80 billion to boost i.r.s. enforcement. david, i've got so many questions for you, david. but why make the tax code even more complicated if we currently don't even have the staffing and resources to handle the current work load? >> you cut right to the chase. most americans think the way to make life better in america is by doubling the size of the i.r.s., adding 87,000 new i.r.s. agents to track every penny that everybody has ever made, track it all down. they claim it's going to bring in $400 billion a year in extra tax revenue. but even if that's true, and the c.v.o. did not buy the figure, they thought it was much less than that, do americans want that kind of super size of the i.r.s.? we have seen scandals involving the i.r.s., everybody remembers lois lerner when they targeted conservative groups, and last summer a leak of personal information by some high paid individuals leaking out to the press suggesting they are not paying as much as they should. this is private stuff, you are not supposed to do. you don't think there is going to be more of that if you hire an extra 87,000 workers and i think all the complaints we are hearing about slow-ups at the i.r.s., very friendly to the biden administration, seems to me clear what's going on. i've been in journal most of my life, i know how stuff is leaked to people the administration think is friendly to their cause, dire consequences if we don't super size the i.r.s., "new york times" and "boston globe" putting that message out there. it's still a part of the b.b.b. plan, super sizing. >> sandra: not only that, david, what is just -- and i've had to do some serious digging and homework on this, it's almost hard to believe the administration's plan now to have the i.r.s. send out tax forms to those and collect income on, they are going to say it's taxable income. if you used something like venmo, probably so many people listening do, if you use venmo, they have dropped the threshold to $600 in transactions in a single year from 20,000 to now that needs to be reportable taxable income. and i got to love this, because bloomberg tax dug into this and used an example. if there is a teenager who walked the dog to earn extra money, if their income in 2022 exceeds $600 they are going to owe income tax and possibility self-employment tax. we are learning some companies like venmo are asking for social security numbers, all kinds of personal information, photo i.d. they want to know more about what you are doing with your money. >> exactly, exactly. and particularly when you have such a politically charged environment like in the united states right now, i'm praying and hoping literally praying every night when i go to bed that we get out of this, that we don't have to remain such a politically motivated country as we have become. but you think of all the ways the i.r.s. has been used in the past for political purposes, and with all that extra information at their fingertips how they could use that to do really political repression. i mean, it's frightening. final, my final point, there is a solution to all this. just get a flat tax, reduce all deductions so you would not need thousands and thousands of i.r.s. audits, very simple. 20% for everybody, everybody making above 20,000, every penny you make above 20,000 a year you pay 20% flat rate, whether you make 40,000 a year or 400,000 a year. that would get rid of all deductions, you would not need that many i.r.s. agents. >> sandra: sounds simple. >> simple to check everything. >> sandra: you and steve forbes are in that. >> he's the master of it, yes. >> sandra: it is really something, that news about venmo. if you sell cars on etsy, they are coming for your money, and not the big guys, the little guys. great to have this discussion with you, and great to see you. >> great to see you. >> trace: the supreme court may decide the fate of affirmative action on college campuses nationwide. will the attempt to diversify classrooms be dismantled? >> sandra: and pushing out the newly minted district attorney as crime runs rampant in new york city. we will be joined on this, whether congress can support police and cities with soft on crime policies. join us live next. >> it's going to make it safer, common sense, i don't understand the pushback. here we go... remember, mom's a kayak denier, so please don't bring it up. bring what up, kayak? excuse me? do the research, todd. listen to me, kayak searches hundreds of travel sites to find you great deals on flights, cars and hotels. they're lying to you! who's they? kayak? arr! open your eyes! compare hundreds of travel sites at once. kayak. search one and done. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. >> sandra: a. >> sandra: authorities suspect bob saget died sunday from a sudden medical emergency. it could be a heart attack or stroke. he was found with his left arm across his chest. police have ruled out foul play and drug use. but we are told a final cause of death will not be determined until the toxicology report is released, could take 12 weeks to complete. you know, i know a lot of people have been really into this story. i went down a hole reading up on his history and things he had said about his health in the past. and he did an interview with howard stern, i went through it, deep in the interview he talked about how he was fixated on death. always thought he was not going to live past 50 years old. and the reason he said was he had three uncles that died before the age of 40 because of heart problems. some various form of heart attack or heart disease, and i think that's very relevant until we learn more about what happened here because there's still questions. >> trace: and its notable, don't know much about his medical history but there was medication in the room. they are ruling out drug death but there was medication, we don't know what it was for and a lot more information to be gleaned from this story. very sad out of hollywood. 11 days into his term, a large group of business leaders are discussing recalling alvin bragg, the latest fallout on the soft on crime policies and the memo which ordered staff to stop prosecuting a slew of crimes. we are joined by a texas republican, and also fort bend county texas sheriff and congressman, i would like to get your perspective. when you see the damage these far left prosecutors have done being a former sheriff, give us your perspective both legally from a law enforcement perspective and legislatively. what are your thoughts? >> trace, thanks for having me, what we have seen over the past several months, it's a very difficult time for law enforcement and then when you have whether it's the manhattan d.a. and d.a.s across the country in large counties, large cities across the country, it appears to me they are almost pandering to the criminals and what do you see from the criminals? they are out there committing horrific prime with impunity, and largest cities in the country, homicide rates are out of control, the highest in decades. so, we are not keeping the american people safe and it's these liberal policies, it's these liberal d.a.s that are doing this, and i wonder what the people in that district, with that manhattan d.a., how do they feel about his policy. i bet they don't support it because we know the police commissioner, the brand-new police commissioner doesn't support it. >> trace: i can tell you how others feel. we are told fox business is reporting and the new york post, the partnership for new york city, city's largest business advocacy is now floating the possibility of looking into a recall. some of the top business leaders and there is very in influential, maybe it's better for the city if we look at getting this guy out of office. >> fantastic idea. i would support a recall. it's all self-induced. policies don't make sense to americans. americans want to protect themselves and their families, they want to be able to walk down the street and not worry about being accosted or trying to tell them a crack rock but these d.a.s don't seem to be too concerned about the crime in the country. if they did, we would not be talking about defunding the police, forget about that, it's not even defunding the police in some cities, it's about abolishing them. it makes no sense to me, but this is something the d.a., the democrats, liberal democrats, they own the defund the police narrative and as republicans we need to let the american people know who supports their law enforcement. >> trace: speaking of defunding the police, you wrote an op-ed recently and you know from where you speak being a sheriff, what was your big take-away, what would you tell the country about your admonishnent to not defund the police? >> i served in law enforcement almost 30 years as a sheriff for eight, and my job as a county sheriff as the sheriff in this great country, to do everything you can to keep the people safe in their communities. what we see right now, we see a spike in violent crime, really like never before. these are almost the wild west days, if you do research and so i just think it's very frustrating as a former law enforcement officer to see some of the policies by these liberal d.a.s and the judges, just releasing people on little bail or no bail at all. the american people are going to start fighting back, the american people are going to start arming themselves and they have to take the law technically in their own hands if they cannot count on the elected leaders to help them. >> trace: and they are doing that. congressman, thank you for coming on, sir. >> sandra: some live pictures that we are getting in from brexel hill, pennsylvania, a helicopter has crashed, a medical helicopter, a medi-vac chopper outside of philly. multiple injuries are reported at this time, including a child. we are told the child is an infant. the penn star helicopter crashed at the intersection of bermont road and bloomfield avenue. we are just now getting initial details from this crash. no deaths reported, thankfully, but there are injuries reported. we have no further details than that. we are monitoring the situation for you. obviously hoping for the best here and will bring you the news from drexel hill as we get it. >> trace: as you look at the chopper right there, sandra, it's interesting to know we don't know if it crashed while it was taking off, up in the air, looks like more instead of a high altitude crash, more of a hard landing. it is still fairly intact and when it comes to the lives of the people on board is the most critical element. so, that is a good sign for those on board. it is an awful accident but the premise remains that it appears that this did not just fall from the sky at a high altitude, that it was either taking off or coming in and i'm sure we'll get more information on this coming up in the moments ahead. >> sandra: delaware county, pennsylvania, an infant on board we are told, no other injuries as of yet, went down next to a church we are just told. we will continue to bring you breaking news as we get it. we'll take a quick break and be right back with that. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ earn about covid-19,you need. 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. >> trace: 16 elite universities, a time of increased challenges to college admission practices with the supreme court set to consider two affirmative action cases this week. alexandria hoff live in d.c. how many former students are involved in the lawsuit against the 16 schools exactly? >> trace, right now there are five seeking damages. lawyers told the wall street journal over 170,000 former undergrads are eligible to sign on to this. the 16 private universities include brown, columbia, georgetown and yale, are or have been called the 569 president's group, members use the consensus approach to determine how much a student can afford to pay for school. according to the class action complaint against them, defendants by their own admission have participated in a price-fixing cartel to reduce or eliminate financial aid as a locust of competition and has inflated the net price for students receiving financial aid. accuses them of favoring wealthier students during admission, violating prior legislation from antitrust laws. and two separate affirmative action complaints against the university of north carolina and harvard. the supreme court is considering whether to review those cases and it could be put on the court's arguments docket as soon as friday. harvard and u.n.c. are accused of using admission practices that benefit black and hispanic students, but not high achieving asian american applicants. >> trace: thanks. >> sandra: china stepping up the 0 tolerance covid policy ahead of the winter olympics. alex, what are the new measures? >> sandra, major lockdowns in three big cities. people cannot leave their homes, stores are closed. this latest lockdown came in the city of ayon, after just two cases of omicron were reported and earlier we did see lockdowns in two other cities, and all of this together affects 20 million people. china has stepped up its 0 tolerance policy ahead of the winter olympics, which are set to begin on february 4th. china today gave no real answer on the possibility of a postponement. >> i think this is the last choice should we want to see. what we try our best to avoid and that is our goal of prevention and control measures. >> meanwhile, china is also treating cases of hemorrahgic fever often caused by hantavirus, by rodents, human-to-human is rare. they say these cases are currently at its peak, but the main concern right now ahead of the olympics continues to be covid-19 and making sure that there are no more outbreaks that we see again, just weeks ahead of china taking the world stage for these games. sandra. >> sandra: the world will be watching closely, alex live in london. thank you. >> trace: new at 2:00, president biden and vice president harris are in atlanta pushing overhauling election. georgia is ground 0 for election integrity, critics say democrats are going for a power grab ahead of the upcoming midterms. brian kemp weighs in. and senator tom cotton, dr. nicole saphier, and brett bayer in the next hour. 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(vo) adventure has a new look. discover more in the all-new subaru forester wilderness. love. it's what makes subaru, subaru. ever wonder what everyone's doing on their phones? they're banking, with bank of america. his girlfriend just caught the bouquet, so he's checking in on that ring fund. that photographer? he's looking for something a little more zen, so he's thinking, “i'll open a yoga studio.” and as for the father of the bride? he's checking to see if he's on track to do this all over again... and again. bank of america's digital tools are so impressive, you just can't stop banking. >> sandra: it's not uncommon for someone running for office to avoid their own party's president if he's hurting in the poll, and it's dismissed as politics, not personal. >> trace: it's a different story with stacey abrams, voting laws, president biden is pushing in the state, she wants to lead as the governor. >> sandra: interesting development, right? welcome to a new hour of america reports, all new at 2:00, i'm sandra smith in new york. great to be with you. >> trace: breaking news on the embarrassing snub to president biden down south, and a slap in the face that echos from coast to coast. >> sandra: breaking news ahead this hour, out in atlanta, president biden about to hold an event to push radical changes to our nation's voting laws. but it seems the person most associated with this cause, stacey abrams, wants nothing to do with it. >> trace: the event coming up as the president underwater in the polls on just about every issue can't even get facetime with the democrat looking to run one of the most politically important states in the nation, sandra. >> sandra: moments away, brian kemp on stacey abrams who is gunning for his job. his reaction to the no-show and the problem the president faces to have some of his closest allies calling him out. and if abrams is not there, what is this all about? >> trace: good question. fox news alert, while president biden tries to sell the overhaul of the elections, problems over covid pile up, namely tests. and the struggles so many americans face just finding them. lawmakers on both sides today questioning the c.d.c. director along with dr. anthony fauci about that. and the last hour, admiral brett giroir told us it's clear president biden and his administration dropped the ball. >> i think it's often the administration has failed the american people getting enough tests. there was 0 investment to keep the manufacturing lines open, to keep the employees between january and september, so we lost nine months. >> trace: brett is moments away, but first peter is live for us on the north lawn. peter. >> good afternoon. and for the first time in four days, president biden said something really quickly about the pandemic. he said he's concerned that it's not slowing down worldwide, but that he thinks in the u.s. things are going in the right direction. that's it, since friday. and he says things are going in the right direction, the country he's in charge of, a new record. 1.35 million positive covid test cases in one day. that is a record that is triple what it was last year. you might think that would mean the president would give a big address about that, but no, he's not. it's all about voting rights. >> we have run away inflation eating away at people's money and on top of that, the threat of china and the pacific region, russia on the verge of invading ukraine, you've all these things in the world and instead of focussing on that, these guys are giving speeches about a problem that doesn't exist. >> insurance companies are soon going to have to cover the cost of eight over-the-counter covid tests per person per month. but those are different than the promised 500 million free tests that are supposed to be mailed to people that want them. the contracts for those free mailed tests have not all been signed yet and there are questions about whether or not the tests used right now really even work on this variant. something that was just addressed aboard air force one. >> obviously we want tests to be on the market that are effective, right. but we have been advocating and pushing for more tests to get on the market. we agree more tests on the market means more availability of tests on the market. >> and this time last year president-elect biden was spending his transition, meeting with a group of experts, coming up with a plan about the different things they were going to do differently than the trump administration to address covid-19. they decided then that their focus was going to be primarily on vaccination. testing obviously was not, the need for testing was not forecasted. trace. >> trace: and peter, 1.3 million positive tests yesterday are the ones recorded. a lot of the rapid tests are not recorded. peter, thank you. sandra. >> sandra: president biden's top health officials on the hill and getting grilled on covid. the confusion comes from their teams and questions over their credibility. >> honestly you've lost your reputation. the american people don't trust the words coming out of your mouth. >> i believe that's a real distortion of the reality. if you look at everything that i've said on tv, it is to validate, encourage and get people to abide by the recommendations of the centers for disease control and prevention. look at everything i've ever said. >> dr. fauci. perception is reality. and you are hurting the team right now. >> sandra: this does not help anybody, i mean, admiral giroir was here top of the last hour calling it a mess, mixed messaging, lack of testing, lack of preparation on the part of the administration for the surge we are currently living through right now. my comment about it does not help anybody. we are all living through this pandemic and it seems we can't get the messaging straight from the health officials. >> good afternoon. i think a lot of the most fiery back and forth up on capitol hill between dr. fauci and senators happened about the question of gain of function research and the beginnings and the origins of covid and what he said under oath before and what is coming out now and him trying to clarify that and push back against some of that characterization. that was really the big fireworks, but there are specifics here that have been confusing, from not only fauci, but dr. walensky at the c.d.c. and others and people want to know what to do in the right way and feel like, i think, that they are not getting the whole picture with statistics or everything else. >> trace: brett, i want to point out the president has said the purveyors of covid misinformation need to stop it. and you and dr. walensky on fox news sunday, you pressed her on the misinformation about the supreme court justices what she said. watch this. >> and do you feel responsibility as the c.d.c. director to correct a very big mischaracterization by one of the supreme court justices? >> yeah, i -- here is what i'll tell you. i'll tell you that right now 17 -- if you are unvaccinated, 17 times more likely to be in the hospital and 20 times more likely to die than if you are on, than if you are boosted. >> she didn't want to answer the request he and it's an important question if you are talking about misinformation, coming from the top it needs to be corrected. >> trace: at the beginning of that we got her to say the numbers were not right, that sonia sotomayor, justice sotomayor was wrong saying 100,000 kids were hospitalized, number was 3500 roughly at that time. it's not to say that it's not serious, and that kids shouldn't take it seriously, but the numbers of seriously ill or dying kids is very small if you look at the big picture. vaccinated/unvaccinated. another sound bite out there we should clarify, that 75%, she said, walensky said, 75% of those who died had four co-morbidities, very ill going in. that is where she is talking about vaccinated people. i asked if she knew people who went to the hospital with covid or for covid and those who died, could you break that out on fox news sunday, and she didn't have the stats. the sound bite was from prior, she was talking about vaccinated people and she had those stats. so, listen. we have to get the numbers right, we have to be able to say what it is and after two years the c.d.c. should have those stats. >> yep. yeah. >> and not to mention they the point admiral giroir made, free tests going out to the american people. we are not going to be able to track those tests. so, add that to the list of problems. but here is lisa murkowski in the hearing earlier on that very point. testing and the disappointment from the administration lack thereof. >> i know we have heard the extraordinary federal resources that have gone that way, but, the facts on the ground remain that we are in an extraordinarily short supply of testing. >> that's a problem, brett. >> big problem. and you know, the president says it's on the way, that help is on the way, but it's not yet, at least you can't get one or it's a little tougher to get one, and now has mandated and not sure under what authority but mandated the insurance companies to pay for tests, up to eight per person, 32 for a family of four. that's great except you have to be able to get them and after the eight are done, do you get another eight? because where is the testing regime that we are following as a country, only symptomatic or we test everybody? >> i want to swing this a little bit if i can, brett, we talk about the chicago schools are going back to school tomorrow, struck a deal with the chicago teachers' union, thinks kids should be in school, education secretary, the c.d.c., and yet there does not seem to be much pressure towards the teachers' unions. you know it's only a matter of time before another school district shuts down again. >> i think it's a major, major issue, and it is one of the political vulnerabilities for democrats, why you see some of them speaking out vocally and forcefully about the chicago situation. you know, we saw this negotiation come to some conclusion but it's not the end. there are 5,000 schools around the country that have closed one way or another because of covid. and that has to do with their mitigation strategies that billions of dollars went from the last covid relief bill. >> yep. >> sandra: and c.d.c. director walensky said herself earlier, she said the schools should be the first to open, the last to close. we know a whole lot more now than we did a year ago, right? brett, great to see you. >> trace: have a good one. >> sandra: see you at 6:00. kids need to be in school, we agree on that, that is coming from the left, that's coming from the right. we are not where we were a year ago, and looking back a lot of lessons learned. kids are in school safely, a year ago as well. right? >> trace: and how powerful the teachers' unions are from california, new york, chicago, they are extremely powerful and a lot of politicians are refusing to push back against them because of the money they tend to donate during these campaigns. meantime, stacey abrams skipping president biden's big speech in georgia and not the only far left leader who won't be in attendance. georgia governor brian kemp is moments away. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ looking to get back in your type 2 diabetes zone? once-weekly ozempic® can help. ♪ oh, oh, oh, ozempic®! ♪ ♪ oh, oh, oh ♪ ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. 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stacey abrams has a scheduling event. her car is getting a tune-up, you can understand. it's hard, you can't -- >> you don't know. >> the mechanic, half the mechanics are home, she obviously does not want to be on the same stage with joe biden. >> sandra: laughing about stacey abrams not showing up for president biden, the president and vice president are in abrams' own state of georgia to push for a voting rights bill that they are calling a power grab. brian kemp, a job abrams wants. j do you think they snubbed him, welcome. >> well, either wrote a speech for him knows what he's going to say or realizing georgia is not buying what he's selling and trying to avoid him because of his faltering poll numbers here in georgia and across the country. >> sandra: president biden seemed to explain it this morning when he began his travels by saying this, governor. listen. >> i spoke with stacey this morning, we have a great relationship, we have our scheduling mixed up, i talked with her at length this morning. we are all on the same page, and everything is fine. >> sandra: she helped deliver him the state of georgia. i mean -- you look at him sinking in the polls and now stacey abrams won't even show up for him. what does this mean for your chances? >> well, look, we are going to keep running on what we have done in georgia. i was hoping the president and vice president were coming to celebrate the university of georgia winning the national championship or us perhaps having the strongest election integrity act in the country but that's not what they are doing. they are selling the signature issue of stacey abrams and voter suppression and the things that simply are not true and stacey is realizing that georgians are not buying that and the numbers are faltering and she continues to flip-flop on this issue. she's been all in at times and now avoiding the issue. she was pressuring major league baseball, the players union to boycott the all-star game because of the bill we passed, and then said don't boycott, against voter i.d. before and then supports in the federal legislation. georgians know what the truth is. our bill makes it easy to vote and hard to cheat. when we passed this bill we had early voting days, you know, 16, 15, 16 days of early voting. joe biden's home state of delaware had 0. it's not until this year they are going to have early voting. for him to come here and criticize our election law is disingenuous. >> sandra: and the washington post said somehow biden managed to turn the expansion, calling it among the outrageous parts of the law. there is no evidence that is the case, that it ends voting hours early. the president earns four pinochinos. why did he continue with this when it was highlighted incorrect in a false narrative so many different times in his speeches. >> one thing is democrats never read the final version of the bill that does what i said. it makes us have secure, accessible, fair elections in georgia, easy to vote and hard to cheat. they pushed the narratives and the talking points based on polling of how well voter suppression poll 3 and 4 years ago and you look back, when stacey abrams started saying. it does not matter to them that's not true, they peddle it like it is, and like senator rubio is saying he is trying to distract from other disasters. federal takeover of elections, federal mandates on vaccines and everything else, record high inflation, you know, punting on china, russia, they are not even talking about -- i hope they'll leave here and go to the southern border so the vice president can actually see what she is in charge of. i was down there christmas eve, i mean, the policies of this administration on illegal immigration has now turned into mass migration in our country. and you know, we are going to continue to push back against that in georgia, and i told people the truth, i'll continue to do that, and the other side does not want to answer questions about our elections law. >> sandra: quick, the congressman from wisconsin first district was on with us earlier, bryan steil, listen. >> joe biden is going to georgia to push the lie that republicans are trying to restrict voting access. what republicans are trying to do, is instill integrity in the elections. biden and the democrats want to nationalize the election, gut voter i.g., ballots counted seven days after the election, opposite what we should be doing. >> sandra: blistering attack what's going on to sum it up, the priority for this administration and for joe biden and kamala harris is be there in georgia today when we are all living through this pandemic surge that is happening, record cases happening in so many parts of the country and so many other crisis, and i should have started off with the congratulations on the victory first. >> well, thank you. you know, we'll continue to work hard and tell people the truth. the states have always had the constitutional authority to decide what their own election laws are. states like delaware and you know, california and illinois and other places that have laws i would never want to be on the books in georgia but their state legislators have the ability to do that. we just believe we should be able to do the same thing here in the great state of georgia. we support simple things like voter i.d., continueous counting, securing drop boxes, making sure people are not harassed when they go vote, not having people stand in line a long time and this bill addresses all those things but also adds additional days for people to vote in georgia early on the weekend, and they call that suppressive and jim crow 2.0. they are not being truthful. >> sandra: georgia governor kemp, appreciate your time. come back soon. >> trace: bitterly cold air from the arctic, some places feeling their coldest temperatures and wind chills in three years. adam tracking the frigid air from the fox weather center. adam. >> you said it. frigid indeed, and as a result no surprise here, we have wind chill alerts heading into the afternoon, particularly interior new england, well below 0 for a feels like temperature. that's what it feels like when the wind hits you. as you can see, maybe one of the warm spots, balmy 6° in new york but a little farther north, negative 17 in albany, negative 18 in maine. so really cold air, particularly up towards the north, negative 22. boston negative 3, those are the wind chills. daytime high in new york city, 21. 20 in buffalo, burlington only 2° today. now, as we look towards the rest of the week you are actually going to see some of the heat just off to the west kind of funnel on in and things get more comfortable. for the forecast tomorrow, you see the time stamp up in the corner, areas down well below freezing quite a bit warmer, 40 in pittsburgh, nearly 50 in washington, d.c., 40° in new york city and then that funnels in a little bit farther as you continue on into eventually thursday and suddenly boston is closer to 40°. now, all of this cold air, there are some folks laughing at us, it's not this way across the entire country. warming up in the plains, 15 to 20° above average. what does that ultimately mean? this is wednesday. some of these areas would be absolutely freezing this time of year. instead, daytime highs up into the 50s for portions of the plains. trace. >> trace: thank you. sandra. >> sandra: china forcing millions of its own people into brutal lockdowns before the olympics kick off and beijing is promising foreign athletes and journalists will get uncensored access to the internet during the games. but will it be safe? senator tom cotton on that next. first psoriasis, then psoriatic arthritis. it was really holding me back. standing up... ...even walking was tough. my joints hurt. i was afraid things were going to get worse. i was always hiding, and that's just not me. not being there for my family, that hurt. woooo! i had to do something. i started cosentyx®. i'm feeling 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social media. both are censored for everybody else in the country and experts say it may be a friendly gesture to foreigners or may not be that it seems, but anyone using the internet in china an easy target for the hacker spies. tom cotton joins us now. senator, great to see you. lock down 20 million in free provinces, that's the bad news, but good news, giving free social media to athletes. >> we all post freely about china's crackdown and imposition of martial law in hong kong, genocide against racial and ethnic minorities in northwest china. i'm sure all the posts will go out without any censorship with the chinese communist party or without threat of reprisal. it's a joke, simply designed to cover up and protect its reputation when so many western companies and western countries are finally beginning to acknowledge what's going on in china, even if they are not willing to do what we should, boycott the olympics. >> mike pompeo said this about the whole social media access thing, watch. >> those people in the chinese communist party know the athletes are coming, monitor every thing they say and do, they will keep it in the hands, the cluchtes in the hands of the chinese party forever. so many great places you could host olympics, but not in the tyranical regime that does not care about life the way we do, does not respect rights. >> trace: somebody is watching you what the theme is, your thoughts. >> asked the biden administration the plan to protect the athletes, from d.n.a. harvesting or kidnapping or hostage taking or unlawful arrest. a couple months ago i called for a boycott of the olympics, we cannot guarantee the safety of our athletes. do we really trust the party will not arrest and detain american athletes or coaches or trainers or other staff, they did try to post something about taiwan or hong kong, or did try to fly a flag outside the olympic village or make a gesture on a medal stand. i certainly don't, disappointing the biden administration does. with covid rampaging across china, every reason to postpone the olympics just like the games in tokyo in 2020 were postponed, and move them somewhere else in the near future. >> trace: we focus on the athletes but the surveillance could extend to the visitors, the people going there to watch the olympics. fair? >> that is fair. no american, whether they are on the olympic delegation itself, a member of the media, someone in the country wants to watch the game is safe from this kind of surveillance or arbitrary arrest and detention by the chinese communist party. >> trace: i'm wondering senator if you think it's odd you have some of of the companies, global corporations that literally, we talked about this earlier, that literally are celebrating the beijing olympics. american companies, same companies like coca-cola that said you know, all-star game needs to be out of georgia. >> i don't find it odd, i find it revolting a company like coca-cola, which boycotts its own state for passing a democratic law that would make it easier to vote and hard to cheat is at the same time celebrating the chinese communist party throwing their genocide olympics. no company should be celebrating these games. all of these companies are obsessed with getting cheap stuff out of their chinese plants or getting access into the chinese market or both. it's shameful they are willing to put profits above patriotism and above freedom. >> trace: i'm curious, sir, what kind of pushback or response have you gotten when you say and you've advocated this several times, to boycott these olympics, to get out of the olympics and go elsewhere. >> obviously the athletes don't want to miss their shot at olympic gold. i don't want them to miss it either. i put the blame on the biden administration, secondarily on the international olympic committee for citing the games in china in the first place. china poses a great covid risk as well, good reason to postpone the olympics and to place them elsewhere in the civilized world so the athletes will have a chance later this summer when it's winter in the southern hemisphere or next winter if you go somewhere in europe to conduct these games. it happened with the summer games in 2020, which are much larger and much more complex. it could happen with the summer games, it can happen with the winter games. >> trace: senator cotton, good to see you, sir, thank you. >> thank you, trace. >> sandra: a fight over free speech between whole foods and the national labor relations board. supermarket claims it has the right to ban employees from wearing masks with slogans, including black lives matter. but the feds say that violates free speech and both sides are claiming the first andment in defense. david is live at the justice department for us. >> whole foods is also saying the first amendment is being stifled by the national labor relations board. this was a complaint that was just filed last month as it's making news for all of those whole foods customers across the country. the board in a complaint argues the up scale grocery giant said they refused to allow them to wear them in the store on the clock, specifically attorneys for whole foods argue the general counsel, a biden appointee, three and a half years on the term, is unlawfully infringing upon or diluting the protected trademarks by attempting to force the company to allow employees to wear the b.l.m. masks. >> what's extraordinary about this case is the nlrb is seeking to force whole foods to accept political masks at the workplace, the overreach by the federal bureaucrats in an area of subtle law. >> whole foods says our dress code policy does not single out any one message or slogan, designed to create a workplace and shopping experience focussed entirely on excellent service and high quality food. do not believe we should have messages on uniforms that shift the focus from the mission. mrlb not commenting for the request for an interview. it will head to an administrative hearing in march and we will follow it. >> sandra: we will indeed, a lot of folks will want to see where it goes. thank you. trace. >> trace: i think we have the president coming in, we do indeed. here is president biden in georgia. oh, there he is, walking with vice president kamala harris. this is the pool feed. the president there of course because they are promoting what they are calling is, you know, this voting rights legislation that the president is pushing. he's gotten some pushback because of the fact that covid cases are at a record high. and he has not commented about those yet, and other problems such as the border and other crisis going on. they say he is a trying to frame it to look like the republicans are assaulting the voting rights act of 1965 and instead the republicans are saying they are not doing that. there is no sign of that whatsoever. as the president and vice president lay the wreath at the martin luther king, jr. memorial, sit here and watch, and sandra, this is one of those things where we talked about this earlier, but you know, stacey abrams is nowhere to be seen in this group of people because she, the president says had a scheduling problem and others have said that she doesn't really want to appear with the president on the same day when his numbers are plummeting. >> sandra: and watching the family with the president and the vice president as well, ahead of the speeches we will hear later. lay a wreath at the crypt of martin luther king, jr. and coretta scott king in atlanta, georgia. the live feed we are getting from the pool right now. obviously all eyes on the president and the vice president as we await their speech. they are facing growing appreciate, trace, as you just mentioned, to pass these two pieces of legislation in the senate and the president's speech is expected as we have seen snippets of it to endorse the senate filibuster rules that have stalled the legislation. he is calling for big change. that could have big implications come the midterm elections. so, all eyes on georgia at this moment, trace. >> trace: yeah, and we are expecting the president to speak a little later on today, of course we will bring that to you live. the president thinks it's a very important topic. we talked about this earlier, how the democrats are framing this in a way where they talk about voting rights legislation and what they should do and nancy pelosi, the house speaker last week, the president and the vice president as we see them go by the memorial, martin luther king, jr. they will lay a wreath with coretta scott king, the president and the vice president last week went and said on the anniversary of 1/6, that in fact you know, it was equated with 9/11, and with pearl harbor and then you had nancy pelosi coming out and kind of using 1/6 to tag it into the voting rights debate that's up on capitol hill. let's bring back in brett, the anchor of special report. so, i mean, they think that the 1/6 thing, we talked about this last week on the anniversary, they believe it's resonating for them, and they are trying to link a lot of different subjects into this. >> that's right, trace. and obviously january 6th, a dark day in history but that speech that the president gave and the vice president gave, they tried to link it directly with this effort on voting rights. the problem is, no matter all of these speeches and all of these moments, and it's powerful. i used to live in atlanta, the m.l.k. crypt is a special place to visit and powerful image to see the president and the first african american vice president woman standing there, but all of this does not add up to numbers in the senate as far as breaking up the filibuster carving out an exclusion for voting rights legislation. right now they don't have it, and joe manchin can only say it so many times. the democratic senator from west virginia. he's not there, and he wants republican buy-in to any change as we watch them paying their respects. >> sandra: as we take in this moment i'll bring you back in. after the wreath-laying ceremony, they will go to the ebenezer church where he was a pastor until 1968. they are going to be walking with the family there, as they continue to pay their respects. we just lost the pool feed, brett, you are with us i assume. this is a big day in georgia. the president is also sending another message as i just discovered with governor kemp and he uses it as a reason to be very critical of this administration, that they are prioritizing this visit to georgia in this moment above all else. >> yeah, and i heard the governor's comments earlier, and remember, you know, he's running first in a primary on the republican side against david purdue, former senator, but if he gets through that in the general election against stacey abrams. i think it's striking that stacey abrams is not there today. i think the president was asked about that, got a little bit prickly with the answer saying it was a scheduling mess-up, scheduling mess-ups don't happen when the white house is moving a giant organization like this to a state where she is running for governor on an issue that she spent years doing, voting rights changes. we should also point out ebenezer baptist church is where rafael warnock, the current senator from georgia was a pastor as well, so there's a lot of politics in and around the atlanta area that is fascinating to watch today as this pitch is made for voting rights. >> trace: a lot of politics and you specialize in politics, brett. >> sandra: i was just going to say if it was a scheduling conflict and we were to give her the benefit, just let us know. we would love to know what the priority was, right? >> yeah, hey, we'll move it to thursday, how about that? >> sandra: right. >> see you at 6:00 p.m. on "special report." brett, thank you so much for coming on. >> sandra: brett, thank you. hospitals are treating more patients with covid than ever before. you have seen the surge while also dealing with staffing shortages in many cases. dr. nicole saphier will put the latest numbers into context for us and how they are handling this incredibly difficult situation. but team coverage now, on the staffing shortages at nursing homes in particular. but first to madison at the hospital in new york dealing with the patient surge right now, and not enough front line employees. how are they handling this? >> sandra, it's been hard not only at this hospital but hospitals across the u.s. we have hit a new milestone, a high with covid-19 hospitalizations today, but this hospital behind me last week was dealing with issues. recommendation to ambulances to bring patients to other hospitals because they were crowded. that only lasted for a couple hours, though, because the surrounding hospitals, they were dealing with the same thing. overcrowding and understaffing. this all happening as omicron continues to spread through the u.s. really hitting many of our essential services with healthcare being at the forefront of that. after over two years in the pandemic, doctors, nurses and other healthcare professionals, they are tired, overwhelmed and some cases leaving the profession all together. if we continue on the same path, it's estimated 3 million healthcare workers by 2026 what we could be short at this point. and hospitals are understaffed and overcapacity like right now, problems arise. so in a study of covid-19-related hospital deaths from the beginning of the pandemic when we saw another surge, it was found nearly one in four deaths was potentially attributed to surging case load. and now you know, we are seeing that issue right now with hospitals dealing with these essential staff leaving and it's causing problems. take a listen. >> you know, in some cases it's not as if we don't have the equipment and we don't have the beds, we just don't have the staff to take care of the necessary demands relative to the care. >> absolutely a dire situation with healthcare in america today. sandra. >> sandra: madison alworth, thank you. trace. >> trace: historic staffing shortages inside of america's nursing homes, brian, good afternoon, andover, new jersey. >> trace, good afternoon. unprecedented crisis. nursing home industry is short 230,000 caregivers, lost 15% of the workforce. and what you are seeing is essentially these understaffed long-term healthcare facilities nationwide are now having to deny new admissions from hospitals. consequently, this contributes to a backlog and overcrowding at hospitals that now can't free up beds for new patients amid a surge in omicron. >> people are burnt out, people are leaving, but now people are getting sick with the omicron and so they can't come into work, so that's sort of a double whammy. we need help from the states, the feds to send staff in our sector. we have responded to the hospitals but forgetting about the nursing homes. >> connecticut is so desperate for hospital beds they are now asking nursing homes to accept covid-19 patients into their facilities and critics point out that's the very policy that may put the most at risk, the elderly, at more risk. all of this as the national guard has been called into states like here in new jersey where the woodland center behind me is dealing with the worst outbreak in the state, some 330 patients and staff have covid-19. trace. >> trace: it's dire, thank you. sandra. >> sandra: let's bring in dr. nicole saphier, thank you for being here. it's brutal to see some of the staffing shortages and what some of the facilities are dealing with from hospitals to nursing homes. i mean, we are in the thick of it yet again here. >> sandra, new york alone lost about 34,000 healthcare workers because of the vaccine mandate and now the governor said mandating boosters. so the once sung healthcare heroes are subjected to the policies by state lawmakers based on very little clinical data that demonstrates short-term and long-term effectiveness. so, unfortunately you have healthcare workers now mandated to be boosted and while you have pfizer c.e.o. saying in parallel, oh, an updated booster in march be more efficacious against the newer variants. so a couple months later, healthcare workers you need another booster and boost healthcare workers into perpetuity, it's not a reasonable action, especially as we have more data coming out of california right now that looks at 56,000 omicron cases, demonstrating about a 50% reduction in hospitalizations as compared to delta. of the people who were hospitalized, about a 70% reduction in their length of stay and 75% reduction being admitted to the i.c.u. this is a milder variant. we have vaccines, we have boosters, we have treatments, we just need to make sure they get into the people that need them. >> dr. saphier, appreciate your time on this. we are short on time. >> trace: the great resignations from the kids' classrooms. expand your limits in the 2022 lexus gx with apple carplay support. get 2.49% apr financing on the 2022 gx 460. ♪♪ mass general brigham. when you need some of the brightest minds in medicine, this is the only healthcare system in the country with five nationally ranked hospitals, including two world-renowned academic medical centers, in boston, where biotech innovates daily and our doctors teach at harvard medical school, and where the physicians doing the world-changing research are the ones providing care. there's only one mass general brigham. 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. ♪ ♪ >> john: the problems piling up for remote learning. now a record number of teachers calling it quits. rich edson with more. >> good asp, trace. there's reports of teacher shortages. in d.c., they were looking for substitute teachers. in boston, you have districts looking to raise teacher pay to attract more candidates. the department of labor says in november there were 320,000 openings in local case. a year ago, fewer than 10,000. teachers across the country turn in letters of resignation and leave the classroom behind. >> this year is just -- teaching, period, is hard, right? teaching during a pandemic is even harder. >> the biden administration has pointed to billions in pandemic money for more staff. there's some experts that say this issue is overblown and you have a pandemic bump. the labor department shows that there's more teacher hires on the local level, which shows teacher quitting one school district to work in another. back to you, trace. >> john: thank, rich. sandra, in my daughter's high school, they're bringing in substitutes. they don't know the curriculum, so they have kids work on their own throughout the class, this is real will a wasted day. >> sandra: teachers telling the -- the kids telling the teachers the curriculum. all right. we hope everybody can get back to some sort of normal. great to be with you. thanks for joining us, everybody. i'm sandra smith. >> good day. >> martha: okay. thank you to sandra and trace. good afternoon to you. i'm martha maccallum at fox news headquarters in new york. covid cases hitting a new record high. this is since the very beginning. 1.5 million infections in the united states. despite that and the fact that we have more deaths in 2021 than in 2020. the president said this today as his covid team battled tough questions. >> i'm concerned about the

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