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senate tradition. more on this on "america reports." >> sandra: to another alert, increasing covid cases, lack of testing and the highest inflation in four decades is sending president biden's poll numbers into a tailspin. hello, welcome, everyone. sandra smith. thursday. >> john: we like to call it friday eve around here, i'm john roberts in washington. sandra, good to be with you again. a brand-new poll showing only 33% of americans approve of the job that biden is doing, and a whopping 53% disapprove of the president's performance so far. >> sandra: all of this as the poll tracking website, 538.com, shows joe biden underwater on covid the first time since he was elected president. trying to get a handle on the testing debacle, as americans wait on the 500 million free a the home tests. administration promised would go out. now biden says even more tests are on the way. >> today i'm directing my team to procure additional 500 million more tests to distribute for free. that makes a billion tests in total to lead future demand. >> john: figure the device president might have wanted to have on hand, peter gets us started from the white house. hi, peter. >> john, good afternoon. white house still has not sent out any of these free at home covid tests, but they are doubling their order from 500 million to a billion. >> they have been ordered, i have to look at the current information, i think it's by next week. but soon. absolutely soon. and it is a matter of urgency for us. >> well the problem with the comment is it's incorrect. vice president harris needed to be clarified and despite what she said the tests are not going to go out next week. "the president's 500 million at home tests will be sent out later this month and we expect all contracts to be awarded over the course of the next two weeks. additional details on the 500 million tests on the website will be provided tomorrow." president biden says vaccinations are the most important thing his administration is pushing but that the tests are important, too. however, it's unclear how involved he's been with the pandemic response planning behind the scenes because this morning while delivering an update he struggled with the name of the new testing coordinator, dr. tom ingelsby. >> to help lead the federal testing program i've talked, excuse me, i've tapped, i hope i'm pronouncing it -- ingelsby, is that right? and he's one of the world's leading infectious disease experts. >> there was no opportunity to get further insight from the president about any of this with a q and a afterwards. we do expect him to pop over to capitol hill any minute, they are going to talk instead about blowing up senate rules to try to pass voting rights legislation. john. >> john: i was kind of surprised the vice president did not know the number of tests that were being sent out, peter. case where the interviewer was much better prepared for the interview than the interviewee. >> john, they have been talking for weeks since the omicron surge was just starting about the surge and the tests and for the vice president to say they are going out last week that's great news for people struggling to get tests, but it's not correct. >> john: we'll see if she reads the memo next time around. peter, thank you. sandra. >> sandra: thanks, john. prices, 10% higher in the month of december, 9.7%, compared to the same time the year before. the high number marking the biggest gain on record and the latest evidence that inflationary pressures are very real and continuing to plague the u.s. economy. producer price index measures inflation at the wholesale level before it reaches the consumer, and of course john as we have been reporting, consumer prices have been skyrocketing, we are paying more for just about everything, and this brand-new number this morning shows this trend is continuing. >> john: we have inflation that continues, we have supply side shortages that continue, a lot of grocery stores across america that are seeing empty shelves. stu leonard, the owner of stu leonard's grocery in new york will join us to talk about the problems he's seeing in the industry and what he's doing to get around it. looking forward to that. >> sandra: always look forward to hearing from him. he has joined us from the pandemic, he opened the doors one of the first and said we can do this. and tells how it is. >> john: good at dealing with the shortages as well, we'll find out what the magic is coming up. president biden shifting his focus to overhauling election laws as he meets with his fellow democrats on capitol hill today. chuck schumer pledging to bring a vote to the floor by m.l.k. day on s1, hr1 in the house, but several hurdles remain, including the democrats do not have the votes in their own caucus to nuke the filibuster. we have fox team coverage, miranda will join us with her thoughts on the democrat's attempted power grab in a moment. begin with the knowledgeable congressional correspondent live on capitol hill with the latest. >> good afternoon, john. three strikes in baseball. president biden swung and missed twice last fall when he came to the capitol to implore democrats to pass the infrastructure and the social spending bills. both bills eventually passed the house, but not until weeks after mr. biden's visit. so, it's unclear if the president can close the deal on a filibuster change for voting rights today. >> people think his weighing in personally can have an impact on sinema and manchin, i hope that's true. >> democrats need republicans to help break a filibuster, that won't happen. otherwise, chuck schumer will lean on his members to change the filibuster. >> if they don't, we will be left with no choice but to consider changes to senate rules so we can move forward. all of us must make a choice about whether or not we will do our part to preserve our democratic republic in this day and age. >> democrats need all of their members to alter the filibuster. sinema opposes the change. >> i continue to support the bills, i will not support actions the disease of division affecting our country. >> three strikes in baseball. president biden is heading could capitol hill. he may leave without changing minds on the filibuster. >> john: we saw the motorcade heading to capitol hill, sparks will be flying in the caucus meeting soon. chad pergram, thank you, sandra. >> sandra: stay on top of that as the news breaks from the hill. first bring in miranda, great to see you. good to have you here as we await the president there arriving on capitol hill. i'll put up his latest approval ratings. president biden's approval rating has now dropped to 33% in this new quinnipiac university poll. lowest mark of any major public survey during his presidency. it does not seem to be getting any better, and now there is a huge focus on the election overhaul. is this the only place where he sees the chance at some sort of victory for his presidency considering he's now also underwater on his handling of the pandemic? >> look, it's very difficult to understand the politics of joe biden because all the self-inflicted crisis as most of them are, he doesn't seem to have any plan to fix them, whether it be the southern border or inflation. he's flubbed the covid tests, sending out to people. i don't think that's going to raise his opinion poll. he looks incompetent, and he looks very angry and divisive every time he utters a word in public. that speech earlier in the week in georgia was a perfect case in point, and it's been panned across the board even by, you know, never trumpers and democrats. so i don't see the so called voting rights legislation, which is even more divisive than anything else, and getting rid of the filibuster is going to improve his poll ratings. all it is going to do, he hopes, is shore up his base, the hard core leftists who run the democratic party. >> sandra: very interesting. we heard from mitch mcconnell yesterday, quite a speech from the senate floor, in response to hearing from president biden himself on tuesday and now we have the live pictures on the hill, president biden you can see has arrived there. in a big moment for this presidency, i'll have you weigh in on this moment, miranda, he's there to huddle with senate democrats, we know this. a bit to break the filibuster, he wants to pass sweeping overhaul of the elections changes. here is a bit of what we heard from biden on tuesday and mitch mcconnell responding in the fiery speech yesterday. listen. >> i support changing the senate rules, whichever way they need to be changed. you want to be on the side of john lewis or bull connor, you want to be the side of abraham lincoln or jefferson davis. >> the president's rant -- rant yesterday was incoherent, incorrect, and beneath his office. i did not recognize the man at the podium yesterday. >> sandra: he ripped into biden's speech on tuesday and senator john cornyn says the democrats are looking to hijack election laws for their own political gain. your response from the back and forth, quite a moment from mitch mcconnell yesterday. >> the first time he's really achieved his claws on his old senate pal joe biden, they have worked together previously across the aisle. so, i think mitch mcconnell saw the threat that joe biden is proposing to good order and a unified country and spoke out about it. he's always been very sharp with his words when he wants to be, and you know, i don't know -- i don't understand really why the democrats are behaving as if they have some massive mandate for revolutionary change. this is what they are doing. they have a bear majority in the senate thanks to kamala harris and a bear majority in the house. it's nonsensical and joe biden is basically calling his opponents racist, what he did on tuesday, drew the ire of mitch mcconnell. it's not the way that presidents should do business and that's why mitch mcconnell said it was a very unpresidential speech. >> sandra: i need a yes or no answer to this, i'm out of time, but dying to ask you. "wall street journal" is calling on hillary clinton 2024 election comeback. do you believe she will run? >> she would love to, yes. >> sandra: [laughter] ok, thank you for that, miranda. appreciate you joining us this afternoon. and great to see you. >> pleasure, sandra. you, too. >> john: four words, not one, but important context. she would love to, yes. log jams at the airport, but empty store shelves and crisis. what experts say is causing this. plus this. >> if you want to be a republican leader in the house or the senate you have to have a working relationship with president donald trump. >> sandra: senator lindsey graham warning senate minority leader mitch mcconnell to have a better working relationship with president trump and prove it if he wants to run for another term as the top republican in the senate. senator graham will be here on that next hour. 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 ♪ entresto is the number one heart failure brand prescribed by cardiologists and has helped over one million people. it was proven superior at helping people stay alive and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor about entresto. 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>> yeah, so, times for truckers at the ports is getting better. they are moving containers quicker and fewer ships jammed in the harbor, if you will. what is not improved is pricing. the cost of moving a container from china to the u.s. is still five times higher than pre-pandemic, right. truckers want and they are getting higher wages, gasoline, warehouse costs are all pushing inflation higher. it's affecting not just imports but the capacity running at that, all the time, is killing exports. why does that matter? those are u.s. jobs, american manufacturing, agriculture, corn, wheat, wine, rice, meat. california farm belt alone lost $2 billion in just five months because farmers there could not get the truckers or the shipping companies to get their product to china. >> what we are seeing is the steamship lines sending empty containers back to refill so they can import more product in rather than sending back hauls filled with american made products or our agriculture products, the majority of our exports. >> so despite the administration claiming that it saved christmas, inflation was going to be temporary, experts i talk to say it's going to get worse before it gets better. >> the average cost for truckers moving goods used to be 3 to $500 locally is now 700 to $1,000 in the past 3 to 4 months. we see these prices continuing until the market bears for them to be reduced. >> so just before omicron, some of the experts saw rays of sunshine. spot rates for shipping overseas began to level off. but, with the new variant they say it is spreading to the docks, to the warehouses, to trucking, factories in china and the u.s., and that means product shortages and higher prices likely will continue. >> this is wiping out labor forces and like a rolling sick leave, so that's what's really slowing down now the recovery of the supply chains. >> so while we are buying more from china, sandra, i will say that china is $16 billion short of where they promised to be under a 2020 trade agreement. they are not keeping their end of the bargain. >> sandra: and exacerbating the problem, once it makes it to the stores, is there enough staff to actually stock the shelves. we'll ask stu leonard about that coming up. thank you. john. >> john: senate republicans planning to hold a vote on sanctions for a russia to germany pipeline. that as a series of talks in geneva failed to get russia on board with deescalation on the ukrainian border. with the biden administration not at all in favor of the sanctions, the issue could get republican senators a leg up over democrats on upcoming re-election races. retired four star general jack keene joins us, not a lot of progress. undersecretary of state saying that it's in nobody's interest to have conflict, listen here. >> it is russia that has prepared internal sabotage, destablization and false flag options for ukraine. we are ready and aligned with our allies and partners to impose severe costs. >> john: threats from russia, says russia will use military measures t political measures are not enough to neutralize threats. ominous talk. where are we on this, general? >> well, we have had three days of talks now and different groups and it's just amazing that the content of the talk itself is an incredible concession to the russians because what we are discussing is the russian proposal to reconstruct the european security architecture, which involves essentially dismantling nato, particularly in eastern europe, and returning to the cold war nato that we are familiar with with the soviet union. it is really stunning that is the proposal that's on the table. the good news here is that united states and nato, and others who are supporting nato, the talks today went beyond nato, are standing fast. and remember, the reason why we are, the russians are moving down this road is because they see opportunity here. they believe they can get concessions short of having to do a military operation, and the reason why they have the negotiations is because 110,000 troops on ukraine's border. so, we'll see. i mean, i think the least likely option that putin has is the all-out invasion. he has not -- john, he has not prepared his population for that. narrative he's using, we have heard it many times, i have no intention of invading ukraine. that is not my intent. i'm just trying to resolve a situation here involving russian security. but he has not prepared that population and the other thing is, institute for the study of war is tracking this daily, all the troops that would be necessary, particularly logistical infrastructure, medical and other things, are not in place. so it's unlikely he would move to that all-out invasion, certainly in the near term. more likely, john, if he does a military event, move russian troops into the eastern ukraine area where he already is with the separatist forces, create the land bridge to crimea. that is something he may do if he does not get the concessions that he wants. >> john: all right. we'll keep following all this. now the other issue here, the vote in the senate this afternoon, the full senate considering a bill that would sanction russia and companies involved with the nord stream 2 pipeline. bob menendez says he's against the bill because more likely for putin to pull the military trigger if it were to happen. >> putin wants to see nord stream 2, if it's killed before potential invasion is one less reason not to invade ukraine. but, if we have the mother of all sanctions levied against him personally and russia, then ultimately that is a real deterrent. >> john: so menendez has a competing bill, sanction putin and russia if he were to invade. what works better, sanctions after he goes in or take away the piggy bank to fund the military operations by sanctioning nord stream 2. >> many things we could have done prior to where we are now, i won't go into that, but certainly moving troops into nato and significantly increasing military aid to the ukrainians and a host of other things. i disagree with both of these thought processes. here is one of the problems we are facing not talked about much, germany and france are soft on russia. that's simplistic statement but it's true. and if we sanction nord stream 2 right now, i think what will happen is undercutting what we are trying to achieve with germany. if russia does go in militarily, we want germany to shut down nord stream 2 completely, not without sanctions, shut it down. that's the negotiations we have going with the germans who are softer on russia. and i don't think we should disturb those negotiations by these proposals that are going on in the congress. >> all right. we'll see which way the vote goes, scheduled around 2:45 or so. we'll keep an eye on it. general jack keane as always, thanks for your insights. >> great talking to you, john. >> sandra: first parents were compared to domestic terrorists and now a letter from another education group sent to social media giants have critics claiming that group was coordinating with the government to try to silence parents. >> john: plus, olympic sponsors hush on china's records on human rights abuses. kathy mcmorris rogers announces new actions to hold those companies accountable in our exclusive interview, coming up next. feel stuck and need a loan? 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one that fits your needs and your budget? call humana now at the number on your screen for this free guide! it's just one of the ways that humana is making healthcare simpler. and when you call, a knowledgeable licensed agent-producer can answer any questions you have, and help you choose the plan that's right for you. the call is free and there's no obligation. you know medicare won't cover all your medical costs. so call now, and see why a medicare supplement plan from a company like humana just might be the answer. >> john: schools struggle to keep kids in the classroom. attendance at many public schools hitting rock bottom as they deal with staffing shortages and shutdowns. live outside of a high school in brooklyn, new york and staff in many, many places dropping like flies from the new omicron variant. >> no doubt about it and on top of the staff shortages, a record number of kids that are sick with covid and you have kids forced into quarantine, which has led to a big drop in attendance rates at the largest school districts in the country. here in new york city, for instance, you are looking at an attendance rate of 76%. the nation's largest district. just 70% in los angeles, 72% in chicago before the five-day teacher work stoppage and only 70% in boston schools. houston and miami at 90%. staff shortages have forced thousands of public schools to temporarily cancel in-person learning as well. minneapolis school district announcing yesterday it will go to remote learning for the next two weeks due to a shortage. in kansas, the state's board of education has eased the requirements for hiring substitute teachers. anyone over 18 with a high school diploma and who passes the background check is now eligible. and other ways, i am palo alto, hundreds of parents are answering the call to volunteer, doing light custodial work, office assistance, and food service to keep the schools open. >> if schools go remote, the movie theaters are not closed, malls are not closed, it creates a system, in a situation for children to be dangerous, certainly not a positive with regard to academic and psycho social advancement. >> look, there is pushback. here the largest high school in new york city, hundreds of students walked out on tuesday because they are demanding remote learning because they feel unsafe. something, john, that might help them feel safer would be more tests. c.d.c. says that students can test out of quarantine if they are exposed to somebody with covid and a negative test, but simply are not enough of those tests available right now. >> john: according to the biden administration, 500 million tests will be shipped out at some point. we'll keep watching it. thank you, sandra. >> sandra: and more on the way. but we'll see. china facing growing criticism meanwhile of the human rights record with the beijing olympics weeks away. and now republican lawmakers calling out executives from the international olympic committee's official partners for staying silent on china's abuses. congresswoman kathy mcmorris rodgers joins us with an exclusive interview. you have some breaking news on how you and other members of congress plan to hold these top executives of these top sponsors accountable for doing business there. >> that's right. i have written a letter and in the letter we are calling, we are appealing to these american companies to, companies that depend upon american consumers to defend human rights. in this letter we asked the question, where is the red line? if it's not human rights, if it's not slave labor, silencing and disappearing citizens, genocide, where is that red line, or is it really about their bottom line? we are calling upon them to defend human values and our integrity and to take action to stand up to the communist, the chinese communist party. questions about what their financial interests are, questions about supply chains as well as their relationship with the chinese communist party. >> yeah. and congresswoman, we have the top olympic sponsors up on the screen there, many of these names, many americans are very, very familiar with, including coca-cola, p and g, visa, and others. why do you believe that these companies have chosen to be hush on china's human rights abuses? >> well, it's a question that i'm asking and a lot of other americans are also asking. like i said, where is that -- where is that red line? and for many of these companies, it seems like they are willing to white wash the offenses in china. they are willing to turn a blind eye to slave labor, to internment camps, disappearing citizens and the same time many companies study up in the united states against a state election law in the state of georgia, they were compelled to stand up and say that that election law in georgia shouldn't be in place, and even pull out of georgia, pull out of atlanta and yet silent on china. >> sandra: they see a lot of dollars in china, people buying things and big business and profits for a lot of the companies. i wonder if you can tell us how you believe the companies will respond to this letter that you are announcing right now, considering this. this is human rights watch. they wrote to the companies asking them how they are managing the human rights risks of their involvement with the 2022 beijing olympics but only received one response, we standed behind the olympic movement and long standing support for ideals will not waiver. so, how do you believe the executives are going to respond to the letter, congresswoman? >> ultimately it is exposing what's going on and in putting pressure on them, it's going to be consumers that must ultimately put that pressure on them. i've heard from many of these companies tell me over and over, oh, it's a massive market, the chinese middle class is larger than the united states of america. but at what point, at what point are they going to defend human rights? united states has a great record of protecting labor rights and environmental standards and we celebrate entrepreneurship, but these are values that we cherish in the united states of america. we cherish human rights and individual rights and these companies, these american companies, as well as companies that depend upon a lot of american consumers, they need to be holding these high standards in china and we know that there's abuses and at what point are they going to stand up to the chinese communist party? >> sandra: keep us posted on the responses you get and how you plan to hold the companies accountable. appreciate you joining us with the news. >> john: president biden continues to blame the unvaccinated for a surge in covid cases, despite many fully vaccinated and boosted americans also getting infected with omicron. is it time to change the message from the white house? former surgeon general dr. jerome adams will join us on that. plus, this. >> we are kind of at the budget at this point. >> used to pay, you know, $100, $150, now you are getting out of the store for 200, 225. >> sandra: sky high prices hitting consumers where it hurts. and we'll speak to the c.e.o. of a grocery store chain, how he is handling all of this with a smile. >> 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. ♪ 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. dry eye symptoms driving you crazy? inflammation might be to blame. time for ache and burn! over the counter eye drops typically work by lubricating your eyes and may provide temporary relief. those'll probably pass by me! xiidra works differently, targeting inflammation that can cause dry eye disease. xiidra? no! it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects, include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait fifteen minutes before reinserting contacts. talk to an eye doctor about xiidra. i prefer you didn't. xiidra. not today, dry eye. >> john: prices surged to a new record, 9.7% higher than 2020. the highest on record since the government tracked the consumer price index in 2010 and likely indicator that inflation is still hurting the economy, this as the surging demand for goods is being met with empty shelves and frustrated shoppers across the country. stu leonard, jr. is the c.e.o. and president of the stu leonard supermarket chain and joins us now. i'm not sure if it's a green screen you are in front of, looks like other grocery stores i've been in lately. your shelves are fully stocked. what is your situation there at stu leonards in terms of supply and staffing, i heard you have had some problems on that front. >> i want to say a gentleman that said he used to spend $100, and now over 200, that's a little exaggerated right there. i think he should go on a diet. but sure, prices have gone up a little bit and i think for two reasons. one of them is there is a labor shortage out there. i've talked to our ranchers out in kansas, i've talked to our shrimpers in florida, and farmers and so forth, and they are short on labor. our ranchers would love to have the packing plants open six days a week. because of the omicron right now, they have people quarantined, only work five days a week. plus, you have a demand surge right now. i mean, everybody is wanting to buy, we have a lot of home chefs at home right now, they want to cook at home and so they want to buy more meat. so you know, supply and demand, that's why you are seeing prices nudge up a bit. >> john: in terms of staffing shortages, you have experienced that yourself. you said your staff is down about 6% right now. >> yeah. down a little bit less, i checked this morning. we are seeing, i think what you saw was everybody hitting the big party scene at christmas and new year's, and they sort of felt everybody, let's go have fun and you are seeing the repercussions of that right now. we notice here at stew leonards it's starting to recede, you are seeing a lightening of cases. we are down, and as far as the number of people we are quarantining right now. >> john: your shelves seem to be plenty stocked but plenty of grocery stores in the northeast and mid atlantic have bare shelves, attributed to snow, but a view sent me a grocery store from hollywood, florida, with bare shelves. you expect it's going to be worse before it gets better? >> i think it has to do with the number of people quarantining with the companies. that's why you are seeing empty shelves. we make 80% of the products here at the store, very little grocery items. you are seeing a shortage of things, we cannot get tropicana orange juice, a constant supply of bounty towels but we have scotts towels. you can get orange juice and paper towels, may not be the brand right now. >> john: it's presenting challenges for everybody, and you seem to be weathering better than most. >> for the ranchers in kansas, rooting for kansas this weekend. >> john: you may get some opposition for that. >> be safe, thank you, we'll get through this together. >> john: throw us a couple of oranges. sandra. >> sandra: you got to love stew's optimism. fbi arresting the founder of the oath keepers, he is expected to be charged with sedition, which would make him the first person associated with the attack on the capitol to face such a charge. david is live at the justice department on that news. >> coming down from the national security division, stewart rhodes, the first person with 11 others, seditious conspiracy. the heaviest charge weighed on anyone in the january 6th attack on the u.s. capitol. read a bit from the charging documents. he's known as the founder of the oath keepers, and according to the document, says seditious conspiracy indictment alleges that he and 11 others were prepared and willing to use a transport firearms, ammunition, into washington, d.c., to participate in the conspiracy organizing trainings to teach and learn para military combat tactics, bringing and contributing para military gear, weapons and supplies, including knives, batons and combat uniforms. basically, sandra, the department of justice is saying this was a conspiracy planned for months, they are charging stewart rhodes and 11 others with seditious conspiracy. a few weeks ago, or last week attorney general merrick garland gave a speech here at the department of justice and basically said to sum it up, stay tuned, there will be more charges in this january 6th attack. sandra. >> john: it's john, joining sandra. so, a lot of the narrative was that this was a spontaneous thing that happened as a result of president trump's speech. if it is found this had been planned for a long time prior to that speech, does that change the whole argument that a lot of people have been putting forward? >> john, it really does, especially for this group. you can't say that for everybody that may have been involved on january 6th, certainly according to some of the prior indictments there were people that say they marched over to the capitol on that day. however speaking, these people charged today, the department of justice is trying to establish a pattern to show that this was in the works for weeks, actually months before when you look at the november election leading up to this when i talked about the para military gear, and some camouflage and other types of planning and stewart rhodes was arrested by the fbi a short time ago, john. >> sandra: i was going to ask you about that, about the timing of all of this. 55 years old, army veteran, taken into custody today, bringing us to the news now. obviously a huge moment in all of this as we learned the breaking news, david. >> it's a huge moment, and tremendous pressure on the attorney general from the left to do more so to speak about january 6th. but merrick garland is someone who is a judge, a federal judge for many years, and said he would not bow to pressure, he would go where the law takes him. that's why at that speech last week here at the department of justice and the great hall he said that we are not forgetting what happened and there will essentially be more charges. we are seeing this today because there has been pressure as i just said, specifically to use that sedition charge, you don't see sedition mentioned in these january 6th charges until today. >> john: some other loosely affiliated groups at the capitol on january 6th last year as well, david. is this sort of the tip of the iceberg in terms of sedition charges? are there other members of other groups that might be charged with the same thing? >> it's a good question, one i just asked a few d.o.j. officials. they are staying tight lipped right now. we know there will be more coming down the pipeline as far as charges are concerned and we have known that for a long time as far as what type of charges that still remains to be seen. the types of charges are conspiracy, we don't know specifically the charges, john, sandra. >> sandra: david, we are all taking that in together as the lawyer has put out a statement now about him being taken into custody, and we know, john, for those keeping track at least a dozen other oath keepers are facing charges but the boss has finally been nabbed over the seditious january 6th plot, according to the feds. >> john: and david was asking the department of justice we'll see if members of other groups there on that day are charged similarly. we'll keep watching that. david did a great job on that. thank you. the father of a girl sexual assaulted girl is asking the newly installed governor -- he is getting installed on saturday, to take care of business. scott smith became a national figure in june after police wrestled him to school at a loudon county school board meeting. lucas, this story was ground 0 in the culture wars. >> case ignited a political fire storm and helped propel the republican to victory. scott smith, the father of the 15-year-old victim, following warning to america. >> i suggest you listen to me loud and clear. pay attention to what's happened here in loudon, it's coming to your community next. >> this video became a viral sensation, a father fighting for what he called injustice by the school for failing to investigate the sexual assault against his daughter, in a girl's bathroom by a boy wearing a skirt. a huge backlash in the community followed for putting policies in place that allowed transgender students to use any bathroom they want. the suspect was later transferred to another high school where he carried out another sexual assault. scott smith wants the governor-elect, and his top lieutenants, including the attorney general, to take action. >> swearing in is this weekend and we hope and pray that the three of them are going to come to town and take care of business. i will hold them to that. >> during sentencing, the judge said the 15-year-old suspect scared her and the first time in her career, ordered a juvenile placed on the sex offender registry for life, and in addition to a treatment facility but not a jail, since he's a minor. >> john: and we should point out the governor-elect will be our guest on sunday, i'll be hosting, he prepares to take the reins in the commonwealth of virginia. >> sandra: and new at 2:00, president biden says he will purchase up to a billion covid tests but remains to be seen when americans will actually be able to receive them. so does this even move the needle on shortening the long testing lines? and, senator lindsey graham firing a warning shot at mitch mcconnell saying he will not back mcconnell as leader unless he proves he can work with former president trump. we will speak to the senator about that move. he'll be joining us live next hour, plus john cornyn, and an all-star line-up as "america reports" rolls on. 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. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. >> i'm not going to vote for anybody for leader of the senate as a republican unless they can prove to me that they can advocate an american first agenda and a working relationship with president trump because if you can't do that, you will fail. >> john: with that, senator lindsey graham laying down the gauntlet, warning the most powerful republican in congress mitch mcconnell either recognize former president trump as the future of the g.o.p. or else. >> sandra: senator lindsey graham is with us live for his first interview since he put majority leader mcconnell on notice. and reaction from one of the top contenders to take leader mcconnell's job if he ends up getting the boot. >> john: senator john cornyn standing by and his take on the showdown. "america reports" rolls into a must-see second hour. good to be with you again, sandra. >> sandra: a jam-packed hour. no doubt senator graham the biggest news maker of the day, and only going to see him here on "america reports." what is breaking right now. >> john: it's a fox news alert, the president who ran on being a moderate and bringing americans together is huddling with members of his own party to push a plan republicans are calling a pure power grab. >> sandra: trying to jam through the sweeping election overhaul aiming to plow over the filibuster in the process. >> john: and invoking jim crow and comparing republicans to segregationists. >> sandra: that got quite a reaction from mitch mcconnell on the senate floor. jacqui heinrich will kick things off for us, live at the white house. jacqui, let's talk about this lunch. what do we know so far? >> the president is about to sink a lot of political capital into a fight he is set to lose because he can't unite his own party. ahead of the president's visit, in her floor speech. sinema made clear she will not support changes to the rules to further divide the country and joe manchin is also dug in. >> hear from the president at the meeting? >> able to hear, you know, whatever he has on his mind to say. >> did you listen to senator sinema's speech on the floor? >> did an excellent job. >> do you agree with the points she made? >> the points i've been making a long time and she has too. >> seen as a display of the president's wishes because the senate democrats know they don't have the votes to support the filibuster rules, and not enough to pass the legislation without it. the president argued on january 6th and earlier this week in georgia the laws must be passed because democracy is at risk. on tuesday, equating supporters of filibuster changes to icons of the civil rights movement and the opponents to segregationists and leader of the confederacy. even some democrats say that was the wrong move. >> perhaps the president went a little too far in his rhetoric, but fundamental principles and values at stake are very, very similar. >> if he was trying to get votes, it was not the vote-getting speech. i think he gave a you going to hell speech. >> quinnipiac poll finds nearly half the country sees president biden as a divider in chief and not uniter in force. 33% approval rating. economy, foreign policy and covid negative scores, but the white house is aggressively pushing the voting rights legislation, despite the fact it is doomed, capitalizing on a belief that was also found in that poll, six in ten americans think the democracy is in danger of collapse, sandra. >> sandra: jacqui heinrich, thank you. john. >> john: bring in texas republican john cornyn for more on this. senator, the president went to congress hat in hand, looks like he's going to go back to the white house with hat and nothing more. and sinema gave a speech saying i'm for the voting rights bill but not for nuking the filibuster in the senate, and chuck schumer, won't have the votes to bring it to the floor. what do you make of everything they are trying to do here? >> none of this should be a surprise. this is what senator sinema, and senator manchin have said along and other unnamed senators not wanted to be the spear catcher on this, have remained quiet but silelely or confidentially communicated their concerns. it's a terrible idea to eliminate the requirement that we pass bipartisan consensus legislation before we make it the law of the land. that's what the filibuster does. it requires us to work together, which is not necessarily our first instinct. it also is something that is a frustration of every majority party, but it's important that all senators, even those from the minority party get to participate and that we have consensus legislation rather than partisan legislation coming out of the senate. >> sandra: senator, great to see you. a lot of action on the hill, including the president's big speech on tuesday, and we look back at campaigning joe biden and he promised to unify the country, ran as a moderate, unify the american people yet delivered this speech on tuesday comparing republicans to segregationists. listen. >> history has never been kind to those who sided with voter suppression. the side of john lewis or bull connor. abraham lincoln or jefferson davis. this is the moment to decide, to defend our elections, defend our democracy. >> sandra: mcconnell delivered a speech a day later firing back calling the speech unpresidential, words unbecoming of a president. what say you about the president's speech on tuesday? >> i was embarrassed for president biden. obviously this is not his natural instinct, those of us who worked with him in the senate, i think he was told you need to deliver this message to our partisan base in the democratic party, but it was unbecoming of a president and i think it was sign of a desperation that they are feeling with the 33% approval rating under the quinnipiac poll and that's a trend that's been going down, and coming up on the prospect of the midterm elections. i think they are worried and they should be worried that this president see this administration has been by and large unsuccessful in doing anything constructive. but dedicated purely to partisan political power. >> john: yesterday mitch mcconnell took aim at president biden, but last night lindsey graham took aim at mitch mcconnell saying he needs to get along with president trump, otherwise he's not going to have productive two years. >> i'm not going to vote for anybody for leader of the senate as a republican unless they can prove to me that they can advocate an american first agenda and have a working relationship with president trump because if you can't do that you will fail. >> lindsey graham saying he would not vote for him to be leader of the senate republicans, senate majority leader if indeed republicans take back the senate. you are one of the names that comes up frequently as replacement for mitch mcconnell. how do you feel about the issue? >> i support mitch mcconnell, he's been a good leader but the republican party is a big enough party for people of different views and i understand the views the president and senator mcconnell have had in the past. one way to address that is to focus on things we agree on first and the most important thing we can agree on, i'm sure president trump and senator mcconnell is we need to win the majority back in the 2022 elections. we need to build a firewall against the bad policies that have come out of the biden administration and i think the best way to do that is to work together to achieve that majority. we did a lot of good working together, 230 federal judges. we passed tax cuts and jobs act, best economy in my lifetime before covid-19 hit and we can do that again by finding things where we can work together. >> sandra: senator john cornyn, appreciate you joining us today. >> john: thanks, senator. good to see you. >> sandra: that makes senator lindsey graham's words more interesting. >> john: sounds like mcconnell has the support of cornyn, at least for the moment. >> sandra: we'll ask senator graham when he joins us half past the hour, stay tuned for that. and president biden promising to get a handle on the testing crisis under his watch. jerome adams says president biden has not delivered as he promised on this pandemic. he will join us live after the break. y liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? 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>> sandra: president biden laying out his latest version of a testing tragedy, testing is one of the pillars and buying 500 million more kits, but did not seem too familiar with the man tapped to lead the federal response, as the polling average shows he's underwater on the issue, that's the 538 polling average on the screen. one of his strongest polling areas in year one. let's bring in former surgeon general, dr. jerome adams, served on the task force in 2020. why do you think he is doing so poorly on this issue after promising that he would defeat the virus? >> well, i think number one, it was politicized from the start, and let's be honest, both sides. one party that really leans too far toward doing less and putting it on states and individuals and the other party said you are going to die if elected, and the truth is it's somewhere in between and the americans are seeing that now, seeing you can't solve it from a federal level as the president said, but seeing that it does require some federal intervention, and we have not gotten the testing we were promised, we have not gotten quality masking. ironically, these were things we were talking about in 2020. >> john: dr. adams, john roberts. good to be with you again. administration saying initial 500 million at home tests followed by another 500 million, a total of a billion. and send out 500 million n95 masks to every household in america. something that bernie sanders of vermont supports. he wants to introduce legislation to back it up, tweeting "all americans should have face masks to keep them safe. i will be introducing legislation for n95 masks to be sent to every home in the country. to save lives and cut healthcare costs." bret giroir says it's a waste of time and money and they should do something else. >> there's a lot they could be doing. using an n95 mask gives you 75 times the protection of a cloth mask and more than using no mask whatsoever. there are plenty of people, i just taught a class here at purdue university where i asked the class, the class this very question. if we provide these will you use them and half the class raised their hand. purdue university is providing n95 masks to their students to use if they want to use them. the more tools we give people, the more they can make choices about how to protect themselves. >> john: so you would agree with that, that policy then? >> i do agree. get them out there, let people use them if they want to use them. i think that's perfectly consistent with where we have sat from a policy perspective. give people the tools, let them make the choice. >> sandra: you look at the, even the c.d.c. director walensky on the severity of those infected with the omicron variant compared to delta. i mean, you are looking at a lot less risk with this current variant that now if you put up on the screen, according to c.d.c. tracking, this is a big question that we had. how many of the cases today in the middle of this current spike are the omicron variant versus the delta variant. you are now looking at 98% of cases are omicron, which is significantly less risky for those that contract the virus. so, where does that leave us in this pandemic and if that's the case, why are we talking about people needing n95 medical masks to prevent contracting the virus? >> that is a great question, i'm so glad you asked it. it is true that if you get infected with omicron, a third less likely to be sent to the hospital as if you were infected with the delta variant. that is true. but that has to be countered against the fact you are 4 to 5 times likely to be infected with omicron. so hospitals are still overwhelmed and that's what i want the public to remember. we have to get through the next 4 to 6 weeks of hospitals overwhelmed and people not being able to get care. that's what this is all about right now. once we get through that, i really do hope and expect, as do many people, we'll have a brighter spring coming. >> john: dr. adams, president biden continues to call it a pandemic of the unvaccinated and msnbc host said unvaccinated should be punished. >> at some point i feel like people who are not vaccinated, fine, don't get vaccinated but they should pay more of the cost of what this is going doing to the system. they are collapsing our health system, the ones in the e.r., they are taking it up. >> john: kaiser family foundation found a significant number of minorities are among the unvaccinated, rate of vaccination among whites, 60.3%. among blacks, 53.8%, and penalizing the unvaccinated would fall heavily on minorities, and the idea it's not a pandemic of the unvaccinated because people who are vaccinated are getting it and spreading it. >> john, half the people who are unvaccinated did not vote for president trump but this pandemic of the unvaccinated framing was really created to attack people politically. it's wrong, i know plenty of people, black, white, women, men, who are unvaccinated who aren't unvaccinated because of a political reason, but because they have issues. a single mom working two jobs does not have time to go to a c.v.s. between 10 and 5 to get vaccinated. people who are concerned about other issues, you need to engage them by trust. attacking people, telling them you are going to penalize them because they don't have a healthy choice or the right information to do it, it's just wrong, it is and we have to stop it. >> sandra: sadly, seems the president has doubled down on the strategy of attacking the unvaccinated. jerome adams, thank you so much for joining us. >> thank you, get your vax, your booster, talk to your doctor and get your questions answered. that's what we need to be telling people. >> john: sage advice, doc. appreciate it. >> sandra: dan henninger has omicron has killed certitude, people no longer care what government or science tells them about covid-19. and goes on to say we have immunized the american people against politics, the result of this, and due to the mixed messaging, you know, the lack of preparation on the part of the administration, and a lot of politics involved in trying to kill this dang virus. >> john: it's tough to understand what's coming out of the mouth of public health officials. many time, teachers' union are running to big tech for help with "radicalized moms and dads." those details next. >> sandra: lindsey graham says he has a litmus test for mitch mcconnell. why he put the minority leader on notice and you'll only see it here on "america reports" when we return. i don't know. i think they look good, man. mm, smooth. uh, they are a little tight. like, too tight? 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about election subversion, not just whether or not people get to vote. who counts the vote. that's what this is about. what makes this so different than anything else we have ever done. i don't know that we can get it done but i know one thing, as long as i have a breath in me, as long as i'm in the white house, as long as i'm engaged at all i'm going to be fighting to change the way these legislatures are moving. thank you. >> john: president biden making some remarks but not answering the shouted questions and sounded to me like he came out of the democratic caucus meeting with the idea this thing is going to fail. that sounded like defeat there, if we don't get it done the first time we can come around and try it again. i mean, it's not going to get done because senator kirsten sinema, and joe manchin have said they are not in favor of nuking the filibuster, that gives them 48 votes. there is another democratic senator who is isolated with covid, so shy three votes that they need. so, this is not going to happen. >> sandra: because after sinema spoke, manchin was asked in the halls of congress what he thought about her speech, it was a great speech, we know that. but start out by saying i hope we can get this done, went on to say if we miss the first time we come back a second time. after he asked, john, is this mic on. >> john: yeah, there's no question i think when you look at senator sinema's position and look at the constituency she has t answer to as well as joe manchin, they are not prepared to move. she gave an lengthy and eloquent speech on the senate floor that manchin applauded, all for voting rights, and republicans think it's a legislative overreach, but she came out and said as much as she supports the idea of moving to voting legislation, she's not prepared to nuke the filibuster to do it. and some democratic senators and certainly democratic politician, politicos have warned senator chuck schumer if you do this now it's going to big you bite time the next time republicans control the senate. >> sandra: we have heard a lot of the warnings and had senator cornyn on with us, and democrats looking to hijack the laws for their own political gain, and after we heard the president for this lunch on the hill, we just learned of this late yesterday, his intentions to go over and try to jam this through. so those were the words of the president just now. we are going to get reaction from senator lindsey graham here in just a moment but what a week it has been, john, with the president's speech on tuesday on voting rights as he and kamala harris traveled to georgia and the fiery response from mitch mcconnell on the senate floor yesterday and here we are now with the president on capitol hill furthering these efforts, it has been a big week for democrats looking to invoke big change on the american people. >> john: and we are told, by the way, that senator lindsey graham is getting mic'd up now. he had to push through a crowd because what he said last night on sean hannity's program has attracted the interest of journalists on capitol hill. and hawaii senator has tested positive for covid and has isolated so he will not be there today. and john cornyn of texas, making the point, the president went to capitol hill hat in hand and came back only with his hat, nothing else in that hat because he does not have the support likely three votes short in the senate, trying to get s1, the senate version of hr1 through. and schumer is speaking now, let's listen, nope, just missed him, never mind. sandra, closer to -- i think we are getting closer to lindsey graham as well as we watch the president, who is prepared to go back to the white house, and lindsey graham is joining us now. so senator, you were -- had to run a crowd there, in the rotunda as you were getting to the microphone there, but we do thank you for joining us. just, if you could expound a little more on what you told sean last night about senate majority leader mitch mcconnell and your potential support for him, the next time he runs for leader. >> number one, i think senator mcconnell is one of the best republican leaders in the history of our party but elections are about the future, not the past. to get judges on the court, fought like a tiger for the three supreme court justices that were supported by president trump, got the tax cut. so, mitch mcconnell has a lot to be proud of. here is my concern. if he runs, great. no matter who runs, you got to prove to me that you can work with president trump because he's the most consequential republican in the party by a mile. the american first agenda is very popular with independents and republicans. all i'm saying, i like mitch a lot, he has a lot to be proud of. but if you want to be a leader in 2022, i expect president trump to run again for president, you don't have to agree with everything president trump does or says, i don't, but you got to have a working relationship because our party will not do as well as we could or should if we don't have a team approach from 2022 to 2024 where the house and the senate republicans are working with an american first agenda led by president trump, so it's really common sense what i'm saying, and maybe that relationship can be repaired, i hope so. >> sandra: senator, some may hear you say that and your warning last night and think are you looking too far beyond midterm elections? does it help right now to be taking shots within your own party rather than just rolling out the welcome mat after losing the presidency and obviously controlling congress? >> no, i wasn't the one saying i was going to run for majority leader in 2022. i'm ok with focussing on taking back the senate majority. i'm like all in for that. president trump is -- and republicans could take back the united states senate in 2022. what brought this up is that senator mcconnell, who i respect and like and has a lot to be proud of, has said he would seek another term as leader. all i'm saying is when we get to 2022, what i'm looking for is somebody that can work with the most powerful republican in america and that's donald trump. why is he so powerful? people like what he did on our side as president and a lot of independents are learning every day how important it was to have president trump to be our president. if you are pro life, there's never been a better republican president on the pro life issue than donald trump. if you believe in a strong military, we had it. he took the fight to the terrorists, we had borders that were secure, we had growing economy, he did the vaccines that saved millions of lives for covid, so that's why so many people like -- to my republican colleagues, you ask me all the time, go down to mar-a-lago and see if you can have him let go of the 2020 issues. i think it's an unreasonable thing to ask of him and me but to my republican colleagues, this is a 2-way street. i think we need to understand and give credit to president trump for being the most consequential republican president since ronald reagan. >> john: senator graham you said something key there a moment ago, if they can repair the relationship. do they want to repair the relationship. a big departure was over january 6th, the minority leader gave a strong speech on the senate floor and he doesn't seem to want to have too much of a relationship with president trump. and president trump has called mitch mcconnell a lot of names, including old crow. mitch mcconnell is an astute politician and knows how to build bridges when necessary. when push comes do shove, do you think they are going to want to repair the relationship? >> i think it's in everybody's interest to be a team, i think the america agenda first works, and i'm not dr. phil, you know, it's my job -- not my job to fix every problem we have nor any other senator's job. i'm making an observation. if you don't understand what i'm saying i think you are missing the point on the republican side. you don't have to agree with trump, what he did in syria i didn't like it. i've had my differences with president trump and the media tries to divide us all the time. january 6th was a dark day in american history but not pearl harbor, it's not 9/11, and that's all they have to talk about. so to my republican colleagues, let's spend our time growing the party and realize that president trump is the most consequential republican in the country since ronald reagan and see if we can work together. whether or not they can repair the relationship is up to them, not me. i hope so. >> sandra: senator, you would not be saying any of this unless you believe donald trump was the future of your party. >> you are so smart. >> sandra: and that he can actually win. >> you are so smart. >> john: we know you well enough. >> sandra: is that it? >> in case you missed the last four minutes, that's it. yes. i mean, i'm just speaking. like the sun comes up in the east, and it sets in the west. 70% of our party would like to see president trump run again. i would like to see him run again. i would like to see him change his behavior somewhat. focus more on election reform and talk about how we can repair the damage created by joe biden. those are all legitimate concerns. president trump has unfinished business. i think he's the best person in the republican party to take the cause, take up the banner in 2024 because unlike lindsey graham, mitch mcconnell or anybody else, he actually was president and when he was president your life was better, we were more prosperous and we were safer, so yeah, i think he's going to run. if there's any doubt, i think it will be -- it will go away fairly soon here. >> sandra: what do you mean you think, you wouldn't be saying this unless you have spoken with him. what has he told you? >> i think he's going to run. i'll let you speak for himself. but you'd have to be deaf, dumb and blind not to see what's going on around here. the guy has $100 million in the bank, he has wide support of the republican party, and a lot of people believe that the american first agenda was good for the party, good for the country, so i expect him to run. and to my republican colleagues, i will do my best to try to help president trump stay focussed on messages good for us all but it's a 2-way street. >> john: discussion in the past, you are more optimistic about his chances of running than others i have spoken with. but you do talk to him an awful lot. >> i'll take bets if anybody wants to bet. >> john: lindsey graham. split decision at the supreme court over the vaccine mandate. the supreme court has let stay the stay that would have required large companies to implement vaccine mandates or testing, but federally funded healthcare centers that employ healthcare workers have to adhere to the mandate. mandate will not go into effect against private companies. it will go into effect against federally funded healthcare companies and facilities. senator, your reaction to this. >> there's some symmetry to that, where the federal government has a dominant role, requiring for the military, not sure it's the best idea. but mandating to the entire country without congress on board the court is going to shoot down. so the court has got a lot of good conservatives on it, thank you president trump, thank you mitch mcconnell, 2024 will be here before you know it. if we don't win in 2022, john, shame on us. they are trying to give us the election, let's take it. to my republican colleagues, the best way to win the house and the senate is to be a team, and if we win in 2022, we have to stay a team and the captain of the team is donald trump whether you like it or not. >> sandra: sorry to dwell on it, that goes back to the initial point. i mean -- you said -- you go back to the warning to mitch mcconnell, why would you do that in this moment in a midterm election year? >> are you not listening? >> sandra: i am. i'm asking for the meaning behind your warning. >> it's not a warning. he says he wants to be the republican leader. i've acknowledged he's been the most consequential republican leader of my lifetime. he's done so much. bob dole was great. look at what mitch accomplished working with donald trump. the question is, how do we go forward as a party. the republican leader of the senate and the house, you don't need to kiss donald trump's ass but you got do have a working relationship with him for us to be successful. so the bottom line here is, if you don't have a working relationship with president trump as a senate leader or house leader, that hurts us all. that's not rocket science. >> sandra: do you have any reason to believe they can't mend their relationship? >> i don't know, that's up to them. i hope they can. i like mitch fine, i think he's done a great job as i've said. but you know, like it or not, the leader of the republican party nationally is donald trump, and nothing is going to change it unless something comes out of left field. what you saw today in the senate democratic party that makes perfect sense joe biden would push for a change in the filibuster to be not run out of town by the left, and that red and purple states would stand up for him. this is good politics on the democratic side. what's good politics for the republicans, to work with president trump. you don't have to agree with everything he does, but a working relationship. >> john: if your relationship with president trump is indicative of anything, it is possible to bury the hatchet. there was a time he was so dang mad at you he gave out your phone number to americans. >> i have come to like him, it brings us together. >> john: you have a share of a love of golf. great to see you. >> sandra: all right. we thank the senator for joining us, and jonathan turley on the breaking news out of the supreme court. if you are with us, professor, weigh in on what we have gotten from the court halting the covid-19 rule for u.s. businesses for now. what does this mean? >> well, this is what some of us predicted after the oral argument. i was struck by the different tone and the substance of the questions raised by the conservatives between the two cases. on the health facility case, justices acknowledged that there was a closer nexus there and did not push back on the larger mandate. it's really the osha case that is the more significant mandate for the biden administration. it was that mandate that president biden's chief of staff celebrated as a "work around." the white house could not get a mandate from congress. they initially said that they thought they might have authority for the president to order a mandate and then they acknowledged they did not. and then he retweeted that we found a work around. we'll have osha do it. and this could affect up to 100 million workers. well, flag was thrown on the play. the supreme court justices continually asked for the authority used here, and they referenced ron's statement. it's a work around constitutional authority. they want authority. and they kept on coming back and saying where did you find this authority? why isn't this a question for congress to have ordered, not for some agency to do a work around? >> not surprisingly, some did not agree with your learned assessment, writing in their dissent, today we are not wise in the face of a still raging pandemic this court fails the agency charged with protecting safety it may not do so in the places needed. they thought it was in the purview to rule on this. >> they certainly made no secret of the oral argument, but i think they are going to get some pushback on, is all three justices made statements about the pandemic that were heavily criticized in terms of their factual understanding where we are in terms of cases and the virus, and of course justice sotomayor was the one most criticized for giving a number that was 20 to 30 times higher in terms of this impact on children. and so i think that really did undermine them a bit, but i also say in fairness to them, these are three justices that have always been highly deferential, this is not activism, goes to the heart of their view of juris prudense. they believe you should defer to federal agencies. >> sandra: jonathan, if you could hang with us for just a moment. john. >> john: reaction from the white house, clearly this was a major blow to president biden who stood fully behind the vaccine mandate. his press secretary saying that the administration, the federal government definitely had the authority to order private businesses to comply with this rule. peter, what's being said there at the white house this afternoon? >> we expect in about 15 minutes to get official reaction from jen psaki, you know. the white house and senior officials say, or they used as an excuse not to talk about stuff like this, we don't want to talk about a supreme court decision before it's been made. well, it's been made, so they -- we expect that they cannot use that as an out to not talk about it, here in 15, 20 minutes. but remember, this is a white house even as courts along the way were blocking the mandate on their way to this point, the white house was telling businesses just to enforce it anyway, and when challenged officials around here say it doesn't really matter about the osha rule, ultimately because a lot of businesses are doing this anyway. and so it will be interesting to hear the way that the white house talks about what is next, especially because joe biden this morning while he was giving an update on the covid-19 response was saying he thinks the most important thing the administration can do now is to promote vaccines. but they are now because of omicron and because of breakthrough infections starting to focus more on things like testing and for the first time now two years into the pandemic, send n95 masks to americans that want them, so they are moving already a little bit away from vaccines for the first time, to testing, to masking, but the pandemic fighter, the supreme court ruled like this, makes the ruling, they have some communications challenges to straighten out exactly what they want people to do, john. >> john: and two big blows for the president in the last hour. gets the ruling from the supreme court after going up to capitol hill and finding he did not have the democratic votes to push ahead with the voting rights bill either. >> you thought he sounded angry leaving that meeting -- >> john: maybe we'll hear from the white house in a bit. sandra. >> sandra: listen for a response from the white house. shannon bream, calling in with what you are hearing now after the supreme court delivered the blow to the biden administration, blocking the vaccine mandate for businesses, but allowing the healthcare worker rule to stand. hi, shannon. >> hey, sandra, and yeah, this seems like what we expected after hearing the arguments last friday. there was plenty of skepticism about the broader osha mandate that required employers of 100 or more to kick in the testing mandate or vaccine for the unvaccinated. primarily because it's tied to federal known and groups that accept or entities that accept medicaid or medicare funding know there are strings attached. rules and things tied to the money so it's not surprising. interesting make-up. 6-3, 3 dissenting in the osha case, we heard from them last week in some cases hyperbolic and inaccurate information how they view what happened in osha, and they talk about how it's not wise what you are doing in shutting down the employer workplace mandate. they say today we are not wise, in the face of a still raging pandemic the court tells the agency charged with protecting worker safety it may not do so in all the workplaces needed, they talk about people know obviously we are having spikes of omicron, luckily coupled from the, not the same death rates with delta, but 6-3, enough of the justices thought it was not the federal agency or executive branch to tell americans what they need to do in their personal lives when something impacts inside the workplace and outside the workplace they thought it was an overreach. but the money tied to federal funding with healthcare facilities, nurses, doctors, hospitals and clinics, 5-4 margin, roberts and kavanaugh joining the liberal justices, enough of a tie that they sent, that healthcare workers tied to the federal dollars would have to abide by the vaccine mandate. a strong dissent for the justices part of the win but a split decision as we expected. >> john: dig a little deeper into that, and the rationale behind the split decision, why they thought it was an overreach from osha to demand vaccine mandate for private companies but a facility with federal funding was covered by the mandate. could you explain that further so folks at home fully understand it? >> sure. if you are accepting money, medicaid or medicare money, federal money flows from the federal government, what they were saying is essentially that money comes with strings attached because listen, the federal government can say this money has to be used in a place that is safe and abiding with federal restrictions on safety and cleanliness and in nursing homes and hospitals, those kinds of things. so, there are already strings tied to that money, and enough of the justices, five of them, who felt like that was enough of a tie to say listen, the federal government, based on this money to the different healthcare facilities and enough of an interest in saying part of that can include regulations that come up like vaccine mandates for healthcare workers. so, a very strong tie there. in the osha employer case, essentially them telling tens of millions of employees and private employers that don't have a tie to the federal government we can tell you how you have to handle and treat your employees and people will lose their jobs if they don't get the vaccines or do the test and masking option, but six of the justices were not convinced that the federal government has the power to tell private employers what to do versus in the healthcare mandate the ties to the federal money giving them some authority to do that. >> sandra: ok. shannon, thank you very much on the breaking news from the supreme court for us. i know we'll get much more from you on that later. meanwhile, as we stick on the breaking news here, jonathan turley will join us in a moment. but obviously john, huge implications here. mixed outcome from the supreme court, but a lot of businesses were waiting to hear this and what exactly was going to happen. go ahead. >> john: and you know, because this has a profound effect on private businesses, not to name the company, but a person i know is involved in a company, about 900 employees, and they are in an area of the country where vaccination rates are fairly low, running about 40%, i guess, in the company. and the company has done everything it can to try to promote vaccination, even rolled up these mobile vaccination centers to the business, and still people won't get vaccinated because for whatever reason they feel that it's just something they don't want to do. so, if the federal government were to mandate that they either have to be vaccinated or tested, that was going to place a huge burden on that one particular company and the situation with that company is repeated thousands of times across america. so this osha rule and the biden administration was trying to say look, this is a workplace safety issue, but health issue, the supreme court found, does not necessarily constitute an osha jurisdiction safety issue. but it is going to certainly take a huge burden off a lot of private companies across america who were sort of in that mid size that would have had tremendous logistical logistics and you know cost issues with trying to implement this mandate. dr. mark segal is on the phone, it did allow that federally funded healthcare facilities would have to follow the mandate. your thoughts on this. >> first of all you just covered the first part of it, i never thought it was an osha jurisdiction issue which generally covers things like blood, spillage, it's really not a stretch to put it into that realm. on top of that, the vaccine, which i think is an incredible vaccine, especially when boosted, works at keeping you out of the hospital. keeps severity down. so, decreases the risk of having a severe case of covid. so, even against omicron. the point is the way they worded that speech to the point, it's a health issue. what would make it a public safety issue if it was an issue of spread. since the vaccine is not very effective at decreasing spread, you can't use that argument to cover it. so, in keeping with the decision here. >> sandra: dr., i would ask you how important did you see the mandates as far as killing the virus, getting people back to work safely, keeping workers in the workplace, where did you stand in general? >> huge proponent of the vaccine and any private company has the pirate to demand and and probably should to get a general compliance. i don't have a problem with schools doing it or businesses doing it. i have a problem with the federal government involved in it, where i stand. and i also wish, sandra, the decision could be made on a doctor-patient basis without mandates. it's backfiring. like in new york city they are working, other areas they are not working. it's not the best approach. it's an imperfect vaccine. we have to teach people why we think it's advisable. what are the long-term risks of the virus, plenty. what are the long-term risks of the vaccine, not much. we treat people like adults. i like doctors in the loop. one of the huge problems here, the vaccine is not in most doctor's offices. it's at vaccine centers and so it's more impersonal. but i like it better if doctors are involved. >> john: doc, sandra had a statistic talking with jerome adams, i don't know if we can put it back on the screen, the prevalence of the omicron variant in terms of all of the covid infections. it was -- it was more than 98% of all current covid infections are due to the omicron variant. and we are seeing much milder disease for people who contract the omicron variant. luke montanye, won the nobel prize for discovering the human immunodeficiency virus, said omicron is out there causing mild disease, the reason why mandates are obsolete. so do we even need the idea of a vaccine mandate, and there is the c.d.c. variant tracking, 1.7% delta, 0% other in the united states. do we even need a mandate or has it as he argues becomes obsolete. >> i agree with every statistic you gave but add to that the fact that the hospitals, and there are 150,000 people in the hospital right now in the united states, unfortunately, a large percentage of them are not vaccinated, and i like anything i can do, john, to keep a school open. i don't want anyone to have an excuse to close a school. if we have an all hands on deck approach, and you've heard me say on your show, the tools are not there. where are the therapeutics i need, testing i need, the monoclonal antibodies i need, we don't have all that. we have the vaccine. i agree with the statistics as to why not to mandate it, but in certain areas i don't want there to be an excuse and another point about this, you look at the countries that are highly vaccinated like portugal, like israel, they have huge amount of cases but not very much hospitalizations or deaths, just three deaths in israel yesterday because of omicron. >> sandra: dr. siegel, thank you for joining us. back to the statistic, john, i just pulled up again, the c.d.c. variant tracking on the positive tests and the overwhelming majority, 98.3% are omicron as far as the reporting is concerned. dr. saphier is joining us now. i know you've been following the breaking news out of the supreme court. what should we take away from it? >> this is a win in the sense that they decided the mandates on private employers are really not within constitutional rights, and while it does remove the osha mandate right now for the private employers, it still maintains the vaccine mandates for healthcare institutions that receive federal funding. now, vaccine mandates in healthcare settings are not new, and are largely warranted given the immunocompromised people and vulnerable people in hospitals. but it is important to remind people that opposing mandate is not opposing vaccine. and a time when testing and worker shortages are high, the mandates are counterintuitive to employers trying to keep the workforce. it should not be about the blanket vaccine mandates, more strategy focussing on high risk people. as we were just saying, omicron is far more mild causing less severe illness, but the people who are being hospitalized so overwhelming majority are unvaccinated but they are also have some co-morbidity or risk factors landing them in the hospital. when we are talking about healthcare workers, remember, this does not really apply to them, they are still saying vaccine mandates for healthcare workers. in california and new york now, the governors are mandating boosters. i can tell you with the staggering levels of burnout and resignation, the best strategy in healthcare workers is make the booster doses largely accessible to healthcare workers and targeted campaign as well. we cannot continue the mandates or boosting the healthcare workers to perpetuity. >> john: and in california as well, hospitals have such a shortage, considering bringing back healthcare workers who test positive for covid and taking care of covid patients. dr. saphier, great to talk to you, and wow, what an afternoon it's been, sandra. >> sandra: come up for air, now. jam-packed two hours. thanks for joining us, i'm >> martha: thank you. our coverage continues of the breaking news out of the supreme court. i'm martha maccallum at fox news head quarters in new york. the supreme court moments ago handed count a big blow to the president's vaccine mandate for private companies issuing two key decisions on cases that were seen by many as a test of presidential powers. the court shot down the covid vaccine and test mandate for private employers with those of 100 employees or more in a 6-3

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