yesterday's historic moment as more life-saving vaccines are expected today. >> in a-year-old boy longing to run gets his wish thanks to two professional athletes. >> "fox and friends first" starts right now. as we look live at the beautiful fox christmas, where is bruno mars from? >> why. >> right. it's not going to fill like fill in the blank in the metropolitan area for the next four days. it is going to be snowy. we will get to that. >> look at that. okay. >> you are watching "fox and friends first" on tuesday morning. carley: let's get straight to. attorney general william barr will leave the department of justice before christmas. >> the president faust to continue with legal challenges. >> attorney general william barr is resigning effective december 20 third. the sources donald trump is irritated with his attorney general for failing to disclose the department's investigation into president-elect joe biden's son hundred during the campaign and his acknowledgment the department found no widespread voter fraud. publicly william barr appears to be leaving on good terms, he praised the president and his resignation letter, the president tweeting had a very nice meeting with attorney general william barr at the white house. our relationship has been a very good one. he has done an outstanding job. he will be leaving just before christmas to spend the holidays with his family. the president says his deputy jerry rosen will become acting attorney general. bar will leave the department the month before the inauguration. yesterday members of the electoral college met to formally cast their ballots confirming president-elect joe biden's victory. the president has promised to continue his legal challenges which the federal courts rejected. some republican electors met across a handful of states to cast unofficial ballots for donald trump, holding out for these legal challenges. in delaware the president-elect follow the electoral college but with an evening speech criticizing republicans refusal to accept the results of the election. >> 306 electoral votes is the same number of electoral votes donald trump and mike pence received when they won in 2016. at the time donald trump called the electoral college tally a landslide. by his own standards these numbers represented a clear victory then and i respectfully suggest they do so now. >> biden it congressional republicans who signed on to the failed texas lawsuit challenging the results of the election calling it extreme and refusal to accept the will of the people. >> richardson live in washington, thank you. >> lindsey graham said despite illegal losses he's glad the president is taking on mail in voting. >> the president challenging the systems, he may fall short but is shedding a light on the problem of mail in voting, two threats to conservatism, mass mailing voting, unverified and social media companies unregulated, unable to be sued when they take on the content of conservatives, such companies and mail in voting will destroy conservatism if we don't push back. >> questions still swirling, georgia's secretary of state ordered a signature on an absentee ballots, more than 1 million absentee balance have been requested for january's senate runoff. big numbers. >> the big story yesterday, the us getting a shot of hope. front-line healthcare workers rolling up their sleeves getting the first doses of the covid-19 vaccine. >> jackie ibanez live with where the first shots are given. good morning. >> the hospital your behind me, they have the vaccine and started getting it to front-line workers and officials for operation warp speed set as of yesterday at noon 40% of the vaccine that was shipped out was received and that includes right here at langone medical center, one of 5 hospitals in new york city to have received the vaccine and the mayor says by the end and today 37 additional hospitals are expected to have the vaccine and in the next 3 weeks the city hopes to have 465,000 doses of the vaccine. just yesterday sandra lindsay was the first person in the us to get vaccinated. she encourages everyone to take it. >> this is significant for all of us as it signifies hope, healing, restoration of public health and public safety. >> her statements were echoed by a doctor who received the shot just moments after. >> this is nothing to fear. what we should fears covid-19. there is hope coming out of this and we can overcome all the struggles and everything we have endured with covid-19. >> meanwhile in the nation's capital hhs secretary alex azar and jerome adams attended a kickoff event at george washington university hospital. both warned the us had a long road ahead, calling the vaccine an extraordinary medical achievement. >> 95% efficacy this vaccine is extraordinarily effective at protecting you from the virus. getting vaccinated will help keep you, your family and your country healthy. >> it comes as the us passes a grim milestone, 300,000 deaths, 1400 people died yesterday alone. fox news for revealing 50%% of voters believe the country to not take the threat of covid-19 seriously. 50% say the virus is not at all under control in the us. moderna's vaccine is expected to get the green light by the end of the week and 6 million doses expected to go out. we have two of our favorite doctors on top of this where we go from here. >> so many questions for those two. can't wait to find the answers. >> we could go back on full lockdown, andrew cuomo giving this bleak warning. >> if we do not change the trajectory we could very well be headed to shutdown. >> that means closures of all nonessential businesses, the city's 7-day average of newly reported cases rose to 2837 from 2582. average hospitalizations jumped to 138 to 178. bill diblasio says people should prepare now. >> it is increasingly necessary to break the back of the second wave, to stop the second way from growing and taking lives, stop it from threatening our hospitals. >> that warning coming is new york city shutdown indoor dining, that started yesterday. >> hunter biden, 400,$000 in income while working for ukrainian gas company. 2017 email shows attorney notified him his tax returns needed to be amended. last week hunter confirmed he was under federal investigation for his tax affairs, joe biden reportedly not being investigated at this time. all this information comes as sources tell the wall street journal william barr told prosecutors that it could affect the outcome of the election. senator ron johnson called out the media for refusing to acknowledge the hunter biden story when it first surfaced in the new york post. >> this is not a surprise, just amazing, galling that postelection and the mainstream media are recognizing the hunter biden story is worth investigating. it is amazing particularly when you realize the national security threat at stake here. >> reporter: this could impact the nominee for attorney general. republicans would like to know how the nominee will handle the investigation before confirmation. shannon: the national institutes of health joining a list of victims in a cyberattack, at the treasury and commerce department, lawmakers demanding action. house untilnetwork a major priority and make it clear there will be consequences for those responsible. the washington post is a russian military unit was behind the attack, the kremlin has denied involvement. todd: a christmas concert had a very long rap sheet, new york post reporting luis vasquez of the bronx was arrested for attempted murder 30 years ago, served prison time after pleading guilty to a lesser charge. the dominican republic native was in the us on a visa that expired sunday. under making excellent progress in the investigation looking into the origins of the russia probe. a law-enforcement official telling fox news the attorney is adding prosecutors to the scene but it is unclear who they are. darren was appointed to continue the program to the next administration by attorney general william barr. jillian: in a-year-old boy jumping for joy after getting new prosthetic legs, putting them to good use, running through disney world for the first time. he was born without fully developed legs, he was flown to orlando for prosthetic fitting at a day at disney's hollywood studios. for more stories of america together you can head to our website foxnews.com. what an example of a great deed to start the morning. todd: operation warp speed delivering as the first americans receive the vaccine. this is a critical step and we are closer to herd immunity than we think, he explains next. shannon: the unexpected guest hiding and one woman's christmas tree. the story going viral. >> you have been sending your pictures how you are celebrating the holiday. does 93-year-old grandfather donating to his local food bank, with money he earned making walking sticks. carley: martha and harry started their holiday with business at the white house. a beautiful tree. ♪ jingle all the way ♪ beaches i feel great. didn't feel any different from my annual influenza vaccine. i'm very proud to be healthcare worker and also very proud to be in this position to promote public confidence in the safety of the vaccine. >> critical determinant in the fight against covid-19, the first americans were vaccinated monday while 405 more shims are expected to be delivered across the us today. >> with more on what we can expect, disease expert and senior fellow at johns hopkins center, good morning. >> thanks for having me. >> it was a bittersweet day because we thought the first round of americanness but the same day the united states surpassed 300,000 deaths. where do we stand as a nation? >> we had great news with the vaccine rollout and this is the beginning of the end. this is a long rollout period and before we crossed the heard of any threshold we will be well into 2021 and a lot of people will in effect, hospitalized and die. we have a solution at hand but it will take time to realize that solution. >> in the near future 636 sites receiving the pfizer vaccine shipment. it is on your screen, 145 today, 425, a big day, 66 on wednesday. walk us through the path to herd immunity. >> what is happening is the vaccine is being rolled out in phases. healthcare workers like myself and nursing home residents are the first people to get vaccinated. then it moves to what i considered essential workers. that will differ from state to state. that could include teachers, law enforcement, people in the military, transportation workers, then high risk individuals in the community, people above age 65, those with comorbidities and to the general public, the difference being on different timescales. the number you'll get called and you will get vaccinated. i'm waiting for my number to get called as a healthcare worker and it will be a process that will last into spring of 2021 to summer of 2021. herd immunity threshold will be crossed, 70% of the elderly population vaccinated in the second 1:45,021 if everything looks the way it is but we will see benefits earlier. once we have healthcare workers, nursing home residents and vulnerable populations highly resonated compression hospitals will lift and it will change the perception a little bit so we will get to a better place. >> this virus has created health and economic crisis with businesses being forced to shut down once again and the reason that shutdowns are happening is to protect our most vulnerable so once those folks get vaccinated which is happening right now would you recommend the economy once again reopen? >> i do think once we are not worried about hospital capacity, you have a lot more latitude to allow social interaction without having to worry about the vulnerable population getting infected and hospitals going to crisis. the last round of restrictions is tied to hospital capacity. shannon: when will that take place? >> probably a couple of months before we get everybody vaccinated. the nursing home residents, 40% of the nursing home residents which ones they are vaccinated that might be a little quicker and you might see some state starting to pull back and allow more social interactions. hard to predict because each state has a different standard than a lot of others. >> great insight. great information. appreciate it. >> a defined gym owner facing a 10,$000 fine a day. >> that gym owner joins us next. hospital gown waiting to get my eyes checked?" ready? absolutely not. see, having the wrong coverage can mean you get the wrong care, or you're paying more than you have to. that's why i love healthmarkets, your insurance marketplace. they make sure you have the right coverage, health insurance, medicare, and yes, dental too. wow, think that's painful? wait 'til he gets the bill. a cavity can cost as much as $350 and a root canal, whoa. but with healthmarkets, for less than a dollar a day, you can save a bundle every time you go to the 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finding insurance fast and easy because they know you have better things to do. your insurance marketplace, healthmarkets. call healthmarkets now. call the number on your screen call this number now. carley: refusing to shut down a washington gym owner vowing to stay open despite being fined 10,$000 a day for violating covid-19 restrictions. mike says he be intimidated by the government and he joins me, good morning. >> thanks to the freedom foundation for giving me a platform. carley: we are looking forward to hearing that story. you are facing the steepest fines in washington state. you have been signed 77,$000 a day but you remain open. why are you doing this? >> i have a wife and two children and they are depending on me to provide a living for them and the way everything stands they have not provided a game plan on how i am supposed to provide for my family. i'm supposed to shut down and trust the system and wait for the check to come and that is not a good game plan for me. i'm doing everything i can to provide a safe atmosphere for my patrons, there is no data to say my industry is a danger. jillian: you are not the only person who feels that way. a gym owner in new jersey that you may be familiar with stay open despite he said he has been signed over $1 million and for him it is about keeping his business open and keeping people employed but also fighting back against big government and restrictions that don't make sense to him. do you agree with that? >> 100%, this is to radical overreach, these people are elected officials taken an oath to office to uphold the constitution and are doing the opposite, they are trampling on it. shannon: your staying open despite the fact the governor of your state says you should be shutdown. how has business been? has the shutdown scared people away or are people still going into your gym? >> some people have underlying medical conditions that are playing it safe and staying home and put their memberships on hold, some people moving out, canceling, pretty normal business but i'm having a huge influx of support from a community that wants to get behind me because they feel i'm doing the right thing and what is happening right now is unacceptable. they just want people to provide for themselves. >> critics would say he probably just doesn't believe in the science, doesn't believe in covid-19. what do you say to those folks? >> i would like him to let me just want something in perspective the way i see things. i am in a world where you can smoke cigarettes and kill the person next to you but you can't go to the gym. you can go to mcdonald's and each 10,000 calories, all in the name of health and well-being of society. heart disease kills half 1 million people a year on average, tobacco kills 480,000, there are lives we could save. why aren't we focused on that? we don't want to get in on those tax dollars. they are coming after small business owners and i feel it is an attack on the middle class. jillian: you say you have covid-19 in mind but you got to make a living and you know you could do it in a safe way. thank you for joining us, we appreciate it. todd: another new york shutdown a real possibility, businesses struggle, governor cuomo throwing himself a virtual birthday party to raise money. live coming up. did you see this. camel in our 4. that is coming up. ♪ do you have a life insurance policy you no longer need? now you can sell your policy, even 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 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detailing how a woman named christina fong targeted politicians from 2011-2014. he helped fund raise california democrat eric swalwell. marco rubio's office released a statement saying if he is named chairman of the senate select committee on intelligence he plans to hold public hearings on the issue. representative devon nunez reacted to this new saying this. >> the real issue is not so much about us by spying on someone as much as it is what did nancy pelosi know and 20 know it was for the last four years all we heard about is russia. we have china, democrats of coveted up, the media has covered it up. >> lawmakers are concerned about the chinese communist party infiltrating major us businesses as they try to gain a larger foothold in the united states. >> thank you. >> stark warning for new york city mayor bill diblasio. another lockdown likely coming. >> at the current rate we are going we have to be ready now for a full shutdown. a pause like we had at the end of the spring. >> as thousands of businesses in the big apple struggle to stay a foot. joining me to discuss, mike, this is more than a lockdown, this is in his words a fool shutdown. is that threat of a full shutdown following the science? >> absolutely not. the people are fed up with his bs plain and simple. cuomo the other day spoke about the data. let's look at the data. 75% of increasing cases due to household gatherings, less than 2% due to bars and restaurants, less than one% due to retail engines yet the answer to both of these morons is what, shutdown? that makes 0 sense and if this trajectory continues with cuomo and bill diblasio forget shutdowns, we will head towards economic collapse. >> describe the world tourists and new yorkers will come back once a full shutdown is over? >> nothing, ghost town, 0, people leaving, businesses shuttered. you have the big apple, the greatest city in the world, new york, you are leaving here. nobody wants to stay in new york state anymore. everyone is saying this doesn't represent me, why are they shutting us down? it is politics as usual for democrats, do as i say, not as i do. >> new york goes out of business governor cuomo giving himself a virtual birthday party and fundraiser, star-studded affair at least it will be. we have on screen the sponsor if you want to get in on it, what message does this send to people under lockdown? >> it reminds me of hunger games where completely out of touch with what is happening with the people, $1,000 a person, headlines on derek zoo lander, people can barely afford to keep their business afloat while you have kids not going to school, crime surgeon, our most vulnerable sent to die earlier in nursing homes and this guy throwing himself a birthday fundraiser to celebrate the job he did. imagine if he was a republican. all your viewers know if he was a republican he would be slaughtered but because he's democrat he - got sexual harassment charges against him and you haven't heard anything about that. everyone is still going like it is business as usual. todd: let's say we hit heard immunity middle of this year. is the genie out of the bottle in terms of restrictions placed on us by our leaders? >> i hope not and new yorkers wake up to see you have to step up, we have to protect our rights as americans, as new yorkers, our liberty and freedom because you allow tyrants like diblasio and cuomo take over say goodbye to those rights because you will be abuse the rest of your life and we have to change that to protect new york going forward for future generations. >> you are fired up, appreciate your time and you are fired up. carley: still had a marine veteran who lost his legs in iraq beating the odds becoming the second double amputee police officer in the united states. he shares his story of perseverance with us next. plus a father and daughter lifting spirits, the creative card game that gives players a real pick me up and you are sharing how you are celebrating the holiday, this ohio family thankful to share christmas together after surviving covid-19. the first snow of the year brings smiles to this family. ♪ you saved my life and i want to thank you. 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. youtalk with your doctorers cabout creating a plan. that works better for you. start taking the right steps at manageyourbp.org frank: now i'm trying to get better. stronger than ever! shannon: an illegal immigrant convicted of killing a child worked for the dude california's thing to restate policy. carlos moore alice ramirez from el salvador was released after a request from ice to hand him over was ignored. the agency was looking to start deportation proceedings but the sanctuary state policy allows local law enforcement officials to ignore detainer requests. in coming squad member corey busch calling on president-elect biden to grant clemency for every remaining death row inmate. the missouri congresswoman elect writing in time magazine, quote, joe biden cannot leave the light on death row in the hands of future presidents, if he opposes the death penalty must do everything in his power to stop it for good. comments coming amid an uproar over the trump administration's decision to resume federal executions. >> the ultimate zone is dismantled after the mayor apologizes for a tweet to end the occupation which began following the eviction of the family, writing, quote, we did not intend to attract attention it results in harm and violence to the family. escalated tensions in our community. take a look. this is not the beginning of a joke. a camel going into a bath and body works in nevada. in henderson, 15 miles from vegas, the owner leading the giant animal by the leash. everyone seemingly taking the bizarre scene in stride. it is not uncommon for a camel to be in a desert. >> no explanation why he had a camel and why was going to bath and body works. todd: to get some nice soaps for the holidays. jillian: so many questions. >> afford a woman finds an unwanted visitor in her christmas tree. watch. >> it is not a cat. what is that? is that a squirrel? >> it is a raccoon. this is the best. >> and things escalated quite quickly. her tree knocked down as the record and her dog chased each other. she says the raccoon got in through the dog's door. >> a scene from christmas vacation. eventually made its way out. who hasn't had fun. >> is a very brave woman. i would probably just have to move with a raccoon inside, just take my stuff and leave and never to be seen again. todd: which leads me to this. there is nothing in these things are they? >> in australia remember the tree. our american version is a raccoon. >> you look for the call a. >> we will do that in the commercial break. a wounded warrior injured in iraq becomes the second double amputee police officer in the united states. >> he shares his story of grit and determination next. >> a lot of people say you can't do that. i'm going to show you. it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? delegating? oh, good one. move your xfinity services without breaking a sweat. now that's simple, easy, awesome. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. >> i want to serve my country and my community. coming to this process where a lot of people say you can't do that. let me show you. i will find a way to show you. shannon: and find a way did. after losing both his legs in iraq former marine pursued his lifelong dream of becoming a fort worth police officer. sack is the second double amputee police officer in the united states and he joins us now. good morning. it is such an honor to be talking to you. after people suffered significant losses, human nature to want to give up but you set a goal, you persevered, you wanted to become a police officer and you did it. how did you accomplish this goal? >> i had my struggles in the beginning. in a wheelchair for the rest of my life, i have some positive influences, the glad you are still alive. made me want to work harder and now that i have four children i needed something for them to look up to. give them a reason to want to work hard for their dreams and let them know the matter what comes in your life you can still do it, just have to work for it. >> you are the ultimate role model, god bless you for having four kids. clearly serving others is a lifelong call. you enlisted in the marines after high school. take us back to 2007 in iraq on the day of your injury. what happened? >> we were patrolling, we left the main bank where we lived in town and having a normal conversation and then fill the explosions go off. i knew i had to make sure they were okay. once i found out they were okay i started to think something's not right and i felt the pain after that. carley: you went through the unbelievable recovery process, learning how to walk again on prosthetic legs. tell us how that was for you from a mental and physical standpoint. >> my son at the time the only child i had, after they were on the grounds working on me, tell them i love them. i honestly didn't know i was going to make it. and then i was walking, my unit was still in iraq and walking by the time i get home, just didn't stop me. so i did that. and being in san antonio around other men and women in a similar situation helped motivate me. i have no excuse not to be able to. >> this morning your motivating other people, just hearing your story is so motivational. think of all you have given for our country only to recovery and give more becoming a police officer, can't thank you enough for your service and your story, what an amazing story, we appreciate it. have a good morning. todd: president-elect joe biden blasting donald trump's attempt to challenge the 2020 election. >> we have never seen it before. a position that refuses to and respect the will of the people, refuses to respect the rule of law and refused to honor our constitution. the court sent a clear signal to donald trump that they would be no part of an unprecedented assault on our democracy. >> that didn't stop democrats from spending the last four years doing the same thing. joining us to react gop doctor caucus never texas congressman michael burgess. >> thanks for having me on. you heard joe biden accused donald trump of assaulting our democracy and challenging the election results but if i remember correctly democrats challenged the election results for the last four years. take a listen. >> trump knows he's in a legitimate president. >> it is on my website. if you look at it it tells you how many days and hours donald trump has been illegitimate. >> in a legitimate president in my mind. >> so when the president does it he's assaulting a democracy. what hillary clinton does that she is speaking truth to power. what is your reaction? >> when i started in congress in 2002, the 2000 election of george w. bush, it took out gore 30 days to admit he had lost the election the two years later every speech started and how started with the president, selected, not elected and even after the 2004 election there were challenges on the democratic side to george bush's victory. this is not new and you are quite right four years of investigations, impeachments, one after another after the current president, didn't look to me like someone had accepted the results of what the people said in the election. todd: i am worried this could be one of our final times together if one democratic congressman in new jersey gets his way. you wants trump supporting gop colleagues especially you not to be seated for the next congress. this is the letter, quote, i call on you to exercise the power of your offices to nancy pelosi to evaluate and address these constitutional violations and if possible refused to seat the 100 seventeenth congress any members elect seeking to make donald trump and an elected dictator is because you wanted to make sure the election was fair. are you worried for your seat? >> now. i ran for a two year term and i will start the term, make no mistake about that. the constitution is pretty clear article 2 section 1 clause 2 where the state legislatures are the ones who accept the rules for choosing the electors. the concern with the lawsuit was this can't be done by consent decree in a court, can't be done by the will of the secretary of state, the manner the electors are chosen, the legislature, the pandemic caused some states secretaries of state to do things differently this year and the question, is that following the constitution, to protect and preserve the constitution and that is what i intend to do. jillian: thank you for waking up with us, we appreciate it. todd: a father daughter, aspiration cards during the pandemic, 50 to pick me up, a way for people to do something about it. >> the cards can help you not only identify what emotions you are going through but to handle it. >> to pay attention, to align those things. todd: more stories of america together, go to foxnews.com. in the next hour of "fox and friends first" ag by stepping down before christmas. former acting ag says he's bowing out gracefully with praise for the president. >> the letter of resignation william barr presented pointed out that under immense media not only scrutiny, the president have accomplished a lot. >> ian breyer used to work as doj and he will react to that story and the morici and doctor nicole safire -- dr. nicole saphier next hour. ♪ let's get it started here ♪ a live bookkeeper is helping customize quickbooks for me. okay, you're all set up. thanks! that was my business gi, this one's casual. get set up right with a live bookkeeper with intuit quickbooks. >> it is tuesday december 15th was william barr out by christmas resigning as attorney general. it all comes as donald from the house to keep fighting for a fair election. live in washington with what comes next. >> the weapon that will end the war. >> the same governor who said he would not trust the trump vaccine turning it into a victory lap for himself. the white house worked overtime to get more shipments out today. >> a new spin on gator golf. only the most devoted risk their lives rather than take a mulligan. i'm taking the mulligan but "fox and friends first" continuing right now. >> there have to be more golf balls in the world than that one. you are watching "fox and friends first" tuesday morning. todd: william barr leaving the department of justice before christmas. carley: the president vows to continue his legal challenge. >> reporter: william barr is out next week. the source acknowledged donald trump is irritated with his attorney general. the legal challenges overturn the election results, william barr said the justice department found no widespread fraud. the