begins right now. ♪ everybody is home for christmas ♪ carley: two christmas trees with christmas backdrop. todd: up after finishing my christmas shopping thanks to your advice. if you need any advice, carly is really good at this stuff. see how i tied it altogether. carley: good morning. todd: nevada supreme court throwing out the trump campaign deal to overturn state election results as texas filed its own lawsuit against four other states. carley: the legal team will continue the fight. >> reporter: good morning, another loss in the president's fight for four more years and the gop is disappointed in this dismissal noting they were not allowed to argue the case before the court, writing in a statement, quote, pulled in i love legitimate due process of appellate rights is unprecedented, shocking and extraordinary. a state of texas attempts writing to the president's rescue, suing battleground states pennsylvania and georgia, michigan and wisconsin, asking the us supreme court to declare their state certification in violation of the electors clause, a literal college votes cannot be counted. texas attorney general ken paxton explains. >> we wants to be heard. the only place we can go is the supreme court so we are pleading with the supreme court please hear our case. give us a chance to argue what we think is right. >> reporter: arkansas, alabama, louisiana, missouri supporting this case. it is a longshot at best as democratic election lawyer mark elias blasts the effort. >> so many cases i described as press releases with filing fees. i am not even sure there was a filing fee in the state of texas. this was an act of some bizarro world of desperation. >> a major blow to the efforts in pennsylvania. it is a case brought by congressman mike kelly who argued it was unconstitutional. that case was viewed as the president's best shot at turning the tide. congressman kelly had this to say. >> we were not granted injunctive relief. a temporary injunction relief, that has been taken away and appoint electors. >> the rnc launching a preemptive strike in the senate runoff races. soon the state ahead of the polls on january 5th to enforce election laws to grant proper access to the polls. jillian: what the clock ticking, jonathan turley says they need to get a move on and points out the newest member of the supreme court an apology. >> it is a big blow. we talked in the past how the president was running on the runway. at this point to make a difference he has to land a jumbo jet on a postage stamp. he does not have a lot of runway left. it the same time it would be nice if some democratic senators apologize to people like barrett and others, during their hearing they put out conspiracy theories that she was being put on the court to kill the aca or steal the election, none of that seems to be true. >> the electoral college meets monday december 14th. electors deliver their votes by the 20 third, then january 6th congress officially declares the winner. todd: restaurant owners get a big when in court, a judge ruling against restrictions. >> what the judge had to say. >> reporter: the 73 page ruling, in la judge said the county does not make its case for the indefinite shutdown writing the restaurant order is an abuse of the department's emergency powers, not grounded in science or logic and should be adjudicated to be unenforceable as a matter of law. the county attorney pointed to a recent spike in cases to justify closures, 2300 reported on monday alone saying the county was in scary new territory but the local restaurant association argued 3% of nonresidential outbreaks with those mostly at fast food chains, was a symbolic win as they speak out against the restrictions. >> it is crystal clear congress or elected officials are owned by corporate america or silicon valley and was don't apply to them but they apply to small businesses and we are getting crushed like in annville on a dumb bird and they didn't seem to care about it. don't know what is in the minds of people making these decisions but it is hurting a lot of us. >> not all angelenos are obeying orders, 150 people arrested after a health party calling the super spreader event. stricter lockdown measures being taken around the country come a massachusetts closing restaurants in jim's and washington extending its more severe jan indoor dining engine closures to january 4th. the uae announcing overnight that it's china backed vaccine is 86% effective as donald trump signing in order to ensure americans at first. >> this is one of the greatest miracles in the history of modern-day medicine the ultimate decision rests with governors of various states and i hope governors make wise decisions. >> coronavirus task force member brent girard says most americans will be up to get a vaccine by late spring. todd: is quite a press conference. carley: fda official playing a pivotal role in the vaccine approval process 6 planes what happens when the fda gets it done. >> the advisory committee makes further recommendations about use of the vaccine. vaccine will get into general furnace ads and they will get out there and we will activate our safety surveillance. carley: peter mark said the agency hopes it will be able to vaccinate everyone by late spring. medical contributor dr. janette nesheiwat will join us with an update on the pfizer covid-19 vaccine. todd: congressman ken buck pressuring the doj to investigate hunter biden as alleged business dealings, call on a republican sounding off to sean hannity. >> there is a serious pattern of corruption that hunter biden has engaged in, two days after a burisma board member met with joe biden that hunter biden goes on the board of burisma and get 83,$000 a month in payments, 12 days after hunter biden is on a plane with his dad going to china and this investment company is created. this pattern of behavior the vice president is willing to do it, no reason to believe the president of the united states won't do the same thing. >> joe biden repeatedly denied being involved in his son's business dealings. >> four people hurt after a massive explosion at a chemical plant in west virginia, drone footage showing the intense flames at the dupont chemical plant. the explosion reportedly involves dry bleach and methanol. a shelter in place order has been lifted. it is unclear what caused that explosion. rudy giuliani expected to leave the hospital as soon as today after testing positive for covid-19 over the weekend, the president's lawyer claiming he feels 100% better after taking the same, giuliani says the virus is, quote, in the category of a curable disease. todd: the first lady and marines in the holiday season, milania trump spending time at a toys for tots event in the nation's capital. >> it is important for us older members to be kind this holiday season. todd: the first lady of fourth year at the event, anything to help folks that toys for tots, a tough year for so many. carley: she's always great with kids. the time is 10 minutes after the hour. and and attorney for gop says da stands for don't arrest. he sounds up next. todd: it is mind blowing, laurie laughlin's are speaking out on the college admission scandal. >> there is no justify court excusing what happened. that was messed up. change our job is to make sure every vote counts and i'm not sure every vote was counted in the right way. in all four states county by county distinctions treated voters differently and therefore have unreliable results. >> ken paxton suing battleground states electors from casting their vote when the college meets next week. >> reporter: the defense team's legal office options will make a difference. attorney and former chair of the republican party joins us, great to have you here. let me summarize what they are doing in texas, wisconsin, pennsylvania, georgia and michigan had unlawful elections, that basically diminishes the votes of the people in texas, tension franchises them. does the suit have any chance? >> according to the supreme court they asked for a briefing schedule which is a better chance than not. they are saying i am here in california. california allows noncitizens to vote. each of those votes would be illegal and would cancel out my vote. this is a larger level and says because michigan violated the u.s. constitution's fourteenth amendment their entire vote cancels out our vote and changed the election in an unconstitutional manner. this is interesting. i wrote the book in a divided era. these are the state separating out red versus blue to a significant degree. it is interesting from a historical perspective, last time the state through this divided was leading up to the civil war. shannon: estate to watch. the fight continues for donald trump. here's what he had to say yesterday. >> hopefully the next administration will be the trump administration because you can't steal hundreds of thousands of votes. you can't have fraud and deception and slightly when a swing state. let's see if they have the courage whether it is justice of the supreme court or a number of justices of the supreme court. >> you need more than courage, you need proof that fraud occurred and in a fraud occurred to overturn the election. electors meet monday. what happens after that? >> reporter: donald trump is right, this is going to take a judge with enormous personal strength to make this call and time is running out. rudy is right, do they have evidence but do they have the time? as the clock ticks is ruth bader ginsburg said, january really matters. the date of the electors is not set in the constitution so it is conceivable the supreme court could say let's hold off on that or overturn that but these are bold actions, time is running out and there's not precedent just as there is and precedent for state action. that makes it more unlikely than not. todd: the new da in la doing something for turned some heads. he announced changes he's making and here are the reforms. ending cash fail, banning prosecutors from enhanced prison sentences, seeking the death penalty in new cases, leniency to low-level, but wait, there is more. here are the misdemeanors that will be declined or dismissed meaning for all intents and purposes these actions are legal, resisting arrest, making criminal threats. you cannot threaten people in california, public intoxication, loitering and trespassing. you go on people's property without consequences. how is this making la safe? >> this mirrors what happened in san francisco, the da used to work for hugo chavez, dictator of venezuela. cities like la and san francisco, it is not legal what he is doing. you can have discretion to charge an individual in a case but he does not have the power or authority to say prostitution is legal like in san francisco were to end cashless bail. this will wind up in the courts, isn't making it safer and the reason, not unlike in new york, 35 shocking. no reason to be there. it is not safe. >> the la city council cut 800 jobs and majority will be fewer cops on the streets. got to leave it there. appreciate it. >> lockdowns crippling small businesses nationwide. >> frustration as they ramp up restrictions. >> i don't question i'm going to make it. picking your health insurance coverage isn't something you want to play games with. hope you got dental. and that's why i love healthmarkets, your insurae marketplace. they guarantee you won't find a lower price anywhere for the plans they offer, so you're not just picking by chance. no copay?... sweet. with health insurance plans constantly changing, having the wrong fit could mean missing benefits or costing you thousands. healthmarkets' fitscore instantly ranks plans both on and off the government exchange to find one that best fits your insurance needs. in minutes, you can find out if your current plan is the right fit, or if there's another one that can get you more coverage or help save 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business bureau, you can trust healthmarkets. for this free service, go to healthmarkets.com or call right now. call or click now to enroll or see how your plan compares. call the number on your screen, or visit healthmarkets.com the we have to find just nosomething else.it. good luck! what does that mean? we are doomed. [laughter] that's it. i figured it out! we're going to give togetherness. that sounds dumb. we're going to take all those family moments and package them. hmm. [laughing] that works. shannon: a fox news alert, an f-16 fighter jet crashes in michigan at upper peninsula, emergency crews searching for a pilot in a rural area. digit is assigned to wisconsin or national guard 115 fighter wing in madison. it was on a routine training mission at the time of the crash. todd: congressman eric swallwell suggesting donald trump is behind a report that swallwell is connected to a chinese spy. i have been a good of the president, spoken out against him, i was on the committee that worked to impeach him. the timing feels like that should be looked at. chinese national christine fong worked on swallwell's reelection campaign, suspicious activity prompting the fbi to launch a probe but it ended when she fled the us in 2016. china is infiltrating the us and they just don't care. >> it out to be a shock and wake-up call, the washington politicians look the other way with china for years and years. not like they haven't known the chinese had an active espionage effort with other targets. not like they haven't known china was trying to use our tech companies to spy on americans trying to leverage that information, not as if they haven't known trade policies and other economic policies have been ruinous for american workers. they've known that, just don't care. >> president-elect biden focusing on relations with iran. his choice for national security adviser pushing the us to rejoin the nuclear deal with iran. carley: we learn arrests have been made in the killing the top scientist. >> reporter: good morning. air and reportedly arrested several people related to the killing of that top nuclear scientist outside of tehran. they would not escape justice. iran is blaming israel for the assassination but says they couldn't have done it alone is new us sanctions were levied against iran's envoy to rebels in yemen. the secretary-general urging iran to return to the confines of the nuclear agreement, continued pressure could lead to further provocative action by the regime. speaking in washington, president-elect joe biden's national security adviser jake sullivan reiterated the incoming administration's intention to rejoin the jcp oh a deal, that would take place in 2015. sullivan telling the wall street journal, quote, we think it is feasible and achievable letting the incoming administration wants to put it back in the box. you have his real this week warning against travel to the uae over concerns of iranian attack as the nuclear program does continue to move forward and we can see some response to the killings of this top scientist last month. todd: we appreciate it. carley: donald trump hails the vaccine is a miracle as we await fda approval as soon as tomorrow. rob: dr. janette nesheiwat on how close we could be to normalcy. >> we are just days from authorization from the fda, and begin mass distribution. we are exceedingly proud pfizer and moderna announced their vaccines are 95% effective which is a number nobody expected. carley: donald trump praising the success of two vaccine candidate is the fda gives pfizer a positive review of ahead of its expected emergency authorization tomorrow so dr. janette nesheiwat joins me now. good morning. donald trump had the operation warp speed summit yesterday. what were the most important things you learned from that summit? >> it was quite an informative summit. one of the most important things we got pulmonary positive data on the pfizer vaccine, to be approved by the fda tomorrow. even after one does you get some protection, 52% protection and after the second dose, you're required to have a second dose a month later, 7 days after the second dose is when you will be 95% effectiveness against coronavirus, promising, reassuring information. we also are expected to have information on astrazeneca, another vaccine. it is going to be effective and safe and give us heard immunity if we can get 70% of america to get vaccinated. on top of that pfizer is not the only vaccine in the pipeline. we have several others, moderna, astrazeneca, johnson & johnson. we are a step in the right direction and yesterday gave us a glimpse of hope and joy, moving in the right direction. carley: millions of doses will be shipped across the country, governors will decide who gets the vaccine first. when do you think people will start receiving their first doses? >> within a couple days, 24 to 48 hours. we expect fda approval thursday, tomorrow, 24 hours from now. after that a huge logistical challenge with shipping and distribution and storage, not minus 94 degrees fahrenheit is a requirement for storage of the vaccine. otherwise it may not be viable if it drops to unwanted temperatures. that is one of the biggest logistical challenges and distributing it, making sure we give it to those top-tier priority groups like nursing home residents, healthcare workers and then trickle down to everyone else. everyone should buy summer or spring access to the vaccine, hundreds of millions of doses available the next few months. i'm excited about that. carley: we are trending in the right direction. joe biden unveils his plan to combat the pandemic. >> taxation asians, opening schools, but 3 key goals from the first 100 days would be far from done. and we are much further along in this pandemic. >> he wants people to wear mask, 100 million vaccines of the first 100 days. he wants to reopen schools. doesn't sound much different from what donald trump has been saying. >> that is true, quite similar. priority should be keeping children in schools, education is critical, mentally, physically, emotionally, educationally. that is important in my opinion. especially in the area of outreach and having 100 million, what is expected right now. it is pretty similar but nonetheless excellent. carley: not just pfizer but moderna, johnson & johnson, it would be great news, thank you for joining us, appreciate it. marsha blackburn will join us next hour with how her status preparing for vaccine distribution and how congress is addressing much-needed economic effects. todd: russia feeling the wrath of the covid-19 pandemic. mike tobin brings us the latest from milford, michigan. >> reporter: an empty restaurant and kitchen preparing a few take-out meals lisa hanlon learned michigan's governor extended the lockdown another 12 days. >> another question, that is why i can't sleep at night. >> reporter: gretchen witmer says hospitals are at risk of running out of space. >> overwhelming research and scientific data that says going to locations that offer on-site eating and drinking options is associated with covid-19 positivity. >> reporter: michigan restaurant association claims 4.3% coronavirus spread has come from dining, retail and other businesses remain open, not just michigan. >> after a profane video of the los angeles fleamarket, across from the restaurant. >> don't make any sense. they are pissed off at protests. >> reporter: crowds protested by showing up to eat and drink a crony's sports grill. they ruled against the restaurant lockdown saying it doesn't show how good. they locked down restaurants in areas where icu beds are scarce and they get locked down to almost christmas. carley: lori laughlin have started breaking the silence on the college admission scandal after her parents remain behind bars. olivia revealed she hasn't spoken to either of her parents as they started their sentences. >> hard for anybody no matter the situation. necessary for us -- i'm not trying to victimize myself. i don't deserve pity. we messed up. i just want a second chance to recognize i messed up. carley: her parents admitted to paying half $1 million in bribes to get olivia and her sister admitted to usc. todd: a missouri woman looking to wipe away 2020. a fresh approach to christmas decorating this year, large rolls of toilet paper dominates the front line. you can't have a holiday without a masked t rex. >> the toilet paper rush was his inspiration for the display, took him about a week to create. adds a new spin to toilet paper in your house. this is what happens on christmas. still ahead, online learning get in apps as more failing grades during the pandemic. todd: a teacher and parent on deck to discuss whether online learning is failing our kids. robinhood believes now is the time to do money. without the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood. todd: joe biden expected to nominate congressman marcia fudge as health secretary, the first woman to lead the department in 40 years. another vacant seat in the house republicans could pick up. considering former primary rival pete buttigieg as ambassador to china. >> the scorecard is arrived with more failing grades than usual, teachers, parents, even students agree virtual learning deserves an f. education panel joined me now. welcome licensed psychotherapist and city high school teacher, good morning. i want to start with you. as a schoolteacher have you noticed more students struggling than they normally would because of virtual learning? >> good morning to you. i do see a struggle for a lot of kids in new york city. one of the big things is it is hard for these kids to concentrate at home and trying to learn. they could be a were with brothers and sisters in different grades trying to learn in their own virtual classroom and there is so much going on it is very difficult for these kids to concentrate and there is so much work for these kids to do that they are at their computer for 8 or 9 hours a day and they get fatigued so there's a lot of pressure on the kids as well as teachers to make sure they get the correct education when they are in their virtual classrooms. at my school what we try to do is create an environment that allows them to almost feel like they are in a school but it is still very difficult. carley: teachers across the country are trying. as a therapist you talk to kids about what they are going through regarding virtual learning so what are their biggest concerns? what are they saying to you? >> they are stressed, depressed and distracted and suffering as a result. i had a kid yesterday all of us at missing assignments, not doing as well and down from being socially isolated. it is hard when you're feeling down to be motivated. i am also noticing middle schoolers and high schoolers, it is not the same thing as a school they don't look at it like school, not taking it as seriously and missing assignments, turning off their video and doing other things like being distracted by their phones. carley: that is understandable when you're learning your bedroom, not the same professional atmosphere you would get in a school so there's a new poll, over 1000 schoolteachers and 2 thirds say students were less prepared for grade level work than they were last year. over half say they are behind in their curriculum and only one in 5 say they are on schedule with what they have taught in years past. we are learning things may get back to normal around springtime. students and teachers have a lot of catching up to do. what will that be like? >> they expect everything to be back to normal by spring. it will be difficult for that transition from online learning to in person learning. being able to get material is difficult because a lot of the devices these kids are using are not compatible with the work they are given. so it will be a tough transition to get to that point. i don't see it being possible without being given proper tools. the city hasn't done that for us at least in new york so this transition is not easy. these kids are not going to be where they need to be come spring. carley: utb up nicely for what i want to ask tom. for any parent to have students struggling with virtual learning do you have any advice for them? >> i have kids myself. we need to be on top of our kids schoolwork and turning things in. if they are not turning things in and grades are going down you need to contact teachers. a good thing is to have conversations every evening with your child to see where their minds are and where they are academically. most importantly, for those parents who are home with their kids try the best you can to not have them in bedrooms when they get distracted or on youtube, have a take place in a central location in the house. those are simple tips but it is a starting point for parents looking forward at some point for children to get back to school finally. carley: great insight from both of you. todd: a boy's wish for a nerf gun for christmas - to buy a tough santa. joe cruncha on the cranky chris kringle and how hasbro is making things right. >> no guns. >> nerf gun. >> not even a nerf gun. en a term policy, for an immediate cash payment. call coventry direct to learn more. we thought we had planned carefully for our retirement. but we quickly realized that we needed a way to supplement our income. our friends sold their policy to help pay for their medical bills and that got me thinking. maybe selling our policy could help with our retirement. i'm skeptical, so i did some research and called coventry direct. they explained life insurance is a valuable asset that can be sold. we learned that we can sell all of our policy or keep part of it with no future payments, who knew? 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[laughter] that's it. i figured it out! we're going to give togetherness. that sounds dumb. we're going to take all those family moments and package them. hmm. 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"fox and friends first" continues right now. ♪ bring me a higher love ♪ todd: every time this song comes on it energizes the crew, energizes us.