0 >> john: doing the same thing and team 56 repeated over again, we could be here and march doing the same thing. we will see if there is anyway kevin mccarthy could convince the naysayers to come over to his side put i think there is two or three that will never switch. >> sandra: jim jordan made his best effort pitch the house for a moment ago. thank you for joining us, everyone in our coverage will continue. >> martha: thank you. continuing coverage here. i'm martha maccallum live in our nation's capitol covering this drama that we did expect and now unfolding in a fascinating way on the house floor. the new republican majority there is in a historic battle as a handful try to block kevin mccarthy from the speaker's gavel which he has wanted a long time and worked very hard to get in the mid-terms. bret baier is standing by on set with me here. first, we want to go to chad pergram over on the hill. hi, chad. >> hi, martha. what we know right now, they're well in to this second ballot for speaker, the second one this afternoon. we know they're going to have to go to a third ballot because it's clear that kevin mccarthy for any other candidate has the votes to become speaker of the house here. right now as we're tracking this, jim jordan, republican from ohio, he was nominated by matt gaetz, somebody that was not actually seeking the speakership. he used to be a rival with kevin mccarthy a few years ago. he's gotten on board. he has gotten 15 votes. i always say it's about the math. during the first vote there were 19 republicans that cast ballots for somebody else besides kevin mccarthy by name. voting for somebody by sur name is very important in this process. so if that number for jim jordan goes up from what we had before or any other candidate, anybody else besides kevin mccarthy, that is going to be significant. what we know already even though they're only about 2/3s of the way through the vote, they're going to have to go to a third ball lot. here's what will happen probably in the next 30 minutes. we expect a stasis on the house floor. what will happen is they will go through with the teller clerks, they will count the ballots and make sure everybody agrees on what the breakdown is. by rule, the house is supposed to vote yet again. what we have not seen yet in this process is a potential vote or call for a recess. we've had that happen before. you have to go way back to 1923, with 1840s where we had multiple vehicles for a speaker. after a while, they said we need to talk this out, nominate somebody else. is there a consensus candidate out there. we have not seen that. what we could see again are renominations of what we saw during the first two votes. and then go back at it to a third time. this could go on ad nauseam. this is turf we have not seen in the house of representatives in a long time. the thing to watch for, whether that is today, tomorrow or in the coming days is if kevin mccarthy never moves the needle. how long does he stick with this. at what point do some of his supporters say, look, it's obvious that you're never going to have the votes. he didn't have the votes as i pointed out before this afternoon, after john boehner left and mccarthy with drew very unexpectedly from the speaker's race and paul ryan said he didn't want to be speaker became the speaker a couple of weeks later. maybe kevin mccarthy never had the votes now, he didn't have the votes back in 2015. this might be a fight that republicans were waiting to have that is gone on for seven years. just never played out in public. so we have to see how long kevin mccarthy is willing to deal with this. the people with the easiest job in town right now are the democrats. hakeem jeffries, the new incoming democratic leader, he outpaced kevin mccarthy the last time. democrats said that that was an example of unity in their party here. and if this gets too flakey, let's say this goes on for a couple of days, if republicans don't have enough of their members in the house chamber or who vote for somebody by name, you could wind up with a crazy scenario and we talked about this on the air a couple weeks ago where hakeem jeffries could become be speaker of the house that is very unlikely. you don't know after you go into this vote after vote after vote. we'll probably be at this awhile today, maybe tomorrow, maybe later this week. right now this is an inauspicious start for house republicaning coming in to control with their majority. >> martha: chad, thank you very much. we'll be back with you throughout the hour. aishah hasnie watching all of this play out. hi, aishah. >> hi, martha. this is a chaotic scene. in fact, i want to read off text message i just got from a gop staffer describing what people are feeling on the house floor right now. she says i have no idea what is going to happen next. this is making us look like idiots to the american people. as chad mentioned, this could go on and on and on. some staffers are saying that they expect this to go on in to the weekend, which we hope is not happening. i want to talk about the folks voting against mccarthy. the anti-mccarthy votes that we're seeing pop up, people like dan bishop, andy bigs. these are all freedom caucus members. what is interesting to me, martha, is that there were signs that we were heading into this standoff for months. even before the mid-terms back in the primaries that there were signs that we were watching the house freedom caucus membership really building these relationships, working hard to grow their influence with members that hadn't been elected yet. people like congress woman luna from florida. they were helping these potential members to campaign. they were endorsing them, helping them fun raise to grow their influence. today you're seeing that play out where a member-elect like anna luna has voted twice not for mccarthy but for jim jordan. now you have members that haven't been sworn in yet that are potentially putting themselves at odds with their potential speaker of the house. it could be a lot like once there's a speaker elected, could be a lot like what we saw in the last two years with the democrats where you had house progressives that were sometimes holding up party bills, pressuring speaker pelosi to get what they wanted. we could see that potentially happen with this same caucus. whatever happens, whoever winds up being speaker whenever that winds up happening, martha, it's going to be a tough job for anyone. >> aishah, thank you very much. this is fascinating what we're watching unfold. bret baier is here with me action we watch these votes come in. all 19 votes are for jim jordan at this point having moved here. let's bring in from california darrell issa. sir, thanks for being here. are we seeing a shift underway here? what is your take? >> we're seeing a shift away from andy biggs who had been the one that got 31 votes in conference some time ago. year seeing a very strange anomaly even by historic standards. jim jordan placed kevin mccarthy in nomination this second time. made it clear he was voting for him. jim jordan is the founder of the freedom caucus and probably one of the most recognized staunch conservatives and yet as the incoming chairman of judiciary, former chairman, ranking member of oversight, he's made a decision to support kevin, scalise, johnson, the entire team. 19 haven't yet done that. you know, quite frankly, it is going to be a long day. at the end of the day, the real question is if the person that has 19 votes doesn't want the job and endorsing the person that has the rest of them, where do you go? so unless those 19 members can find a didn't candidate, they have no where to go. >> it's possible that that number could grow. they're still counting at this point. you know, look into your crystal ball a little bit for us. you've been there a long time. is there a potential path for kevin mccarty to 218? >> there is. part of the path is all the hard work he did to not to appease but to bring together a rules package that everyone of those that are still voting the other way pretty much got what they wanted even more than some moderates were willing to give. kevin gave. so now the question is, what more do they want? they have to ask for something and they have to do it publicly in front of the conference at some point today. what is it they want. if all they want is somebody other than kevin, let's be candidate. steve scalise is supporting kevin. jim jordan is supporting kevin. as a matter of fact, every member of the leadership team including every ranking member now becoming a chairman is supporting kevin. so we are in a situation in which the 19 have to explain what they want. right now they haven't done a very good job of explaining it to the conference, which is why there's quite a bit of angst in the conference. i'll say this. until we had this vote, people didn't have people to talk to. we now have 19 people to talk to. after we come out of what i suspect will be a conference break, i think that number will shrink, not grow. >> so you think after this vote is fully tallied, are they going to go to a third vote or do some arm wrestling behind the scenes? >> my hope is they take a break. if they don't do this, they go to a third. it remains 19, that will signal that you have to take the break and have the discussion. you have to give the 19 a chance to sit in a room with the basically 200 and have a discussion. the fact is that everyone on both sides of this issue agrees that we need to elect a republican speaker and that speaker has to bring us together with a narrow, narrow majority to do the work that the american people hired us to do. that last part is important. we have to find somebody that can bring us together. if there's somebody better than kevin, they haven't named that person yet. somebody that would take the moderates, the middle of the road conservatives and freedom caucus and bring us together. >> martha: congressman issa, thanks very much. i want to bring in josh kraushaar. we saw jim jordan stand up and tell everybody they should vote for kevin mccarthy. the next thing we saw, the person that got more votes was not kevin mccarthy, it was jim jordan. >> right. this is going to be a long night, maybe a long week. the 19 republicans that refuse to vote for kevin mccarthy on the first ballot have remained anti-mccarthy votes and now all of them are voting for jim jordan on the second ball lot. if kevin mccarthy was going to be in good shape, you'd expect him to money a handful of those 19 -- they were looking to send a message and wanted to show their opposition to the certain rules or to make a point, maybe some of them would come towards mccarthy on the second ballot. 100% of them are sticking against mccarthy. there's no end in sight. to darrell issa's point, there's no consensus candidate that's been voted on. i would look closely at steve scalise. if kevin mccarthy has no path to get to that magic number of 218 votes, steve scalise fits the category. someone that is acceptable to the establishment, acceptable to the pro mccarthy republicans and he might have a better chance of getting votes from the holdouts if we get to that point. >> martha: josh, can you explain that to folks at home? why would it that would find steve scalise more palatable that worked through the mid-terms to get this majority? >> martha, it's not about ideology. this is not an idealogical fight. marjorie greene is one of kevin's biggest supporters in the caucus. it's about trust. one of the striking things that i saw, two of the republicans that kevin mccarthy helped elect to congress in these battleground districts, eli crane in arizona and anna luna in florida, they voted against kevin mccarthy. so to me it's not about ideology and it's not about politics. there's a lack of trust among some of these holdouts. we knew matt gaetz wasn't going to votes for kevin mccarthy. the fact that you have 19 republicans, a bigger number than was expected compared to a few days ago, that is a real red flag. it leads to the point that it's not so much about -- it's not about ideology, it's not about where you stand on the issues. there's a trust gap with certain members and kevin mccarthy. >> martha: stick around. we'll be in for the long haul here. let's bring in bret baier who joins me now. good to have you with us. great to be with you here in d.c. on a crazy day happening behind us in capitol hill. what is your take right now? >> my take is that jim jordan's speech did not work for kevin mccarthy. it worked for jim jordan and consolidated the andy biggs votes. we're coming to the end of the roll call. if he doesn't gain one, it stays at 19 opposed to kevin mccarthy. once again, hakeem jefferys will get more votes than kevin mccarthy, the democrat getting more votes than the republican even though voters voted republicans in office. this is messy. a number of people up there on the hill are saying it's a blank show. they're saying it should last for a long time. to josh's point and congressman issa's point, there's all kinds of names floating around. steve scalise is reporting kevin mccarthy. jim jordan, does he want to be speaker? he wanted to be chair of the judiciary committee to do these investigations. if somebody says you could be speaker of the house, second in line to the presidency, i don't know. does that change? does he get the votes? does this lead to more votes heading his way? the mccarthy clan says they're in for the long haul. no matter how votes -- how many votes this takes, how many ball lots this takes. democrats are out with ads and tweets saying kevin mccarthy ran his campaign for speaker on the promise of making history. by going to a second ballot and a third for the first time in 100 years, he's delivering. they're loving this moment. they want it to continue all day long, all days long. portray chaos. >> martha: we talked about this earlier. kevin mccarthy focused all of his energy in the mid-terms on going all across the country, helping to get these candidates across the finish line. he may regret that he used the words red tsunami at this point because it didn't happen. that has been a painful reality for him. he understood that unless he had a huge number, he was going to run into the problem that he's in right now. >> he was telling us that back action we got to election day, as the predictions were all of these numbers that they were going to pick up. if he didn't, it was going to be tough with a slim majority, this is the toughest. if you can't get these ball lots to go your way, imagine legislating. imagine getting to herd the cats around some controversial piece of legislation. it will be tough. we could be in for a long haul here. i think they're going to take a break. they're going to try the twist some arms but may not work. this may be end of kevin mccarthy's speakership. >> martha: we'll be watching for any tea leaves out of that break. wouldn't you love to be a fly on the wall when you watch someone like jim jordan, what does he do in that room? where is he leaning? steve scalise, all of these people who may be friends and supportive, but will smell some blood in the water around this issue. it's fascinating. let's get -- i'm told the vote is complete now. chad pergram is with us with the final tally here. hi, chad. >> hi there. this is the unofficial tally. they have gone through the entire alphabet. kevin mccarthy does not have the votes to prevail here. we'll have a third vote for speaker whether that is in the next few minutes or sometime later tonight or tomorrow. it's possible that they could go into a recess here. what is significant is that the vote here -- kevin mccarthy had 203 votes, jeffries had 213 votes and jim jordan who isn't seeking the position, he got 19. 19 is the grand total of votes that went for somebody else during the first round. here's some of the people. andy biggs voted for jim jordan. bishop of north carolina, an due clyde, bob goode of virginia, one of the most ardent supporters of kevin mccarthy. now we know the universe, 19. that was consistent on the first vote. it is consistent on the second vote. now, we'll see what the actual tally here is. this usually takes 10 or 15 minutes for the house reading clerk to tally everything up, make sure that they have the votes in order and then they announce the official results from this and we'll see if they go to a next vote. we could have other names put in the order here. brett asked a question off the air as to whether or not jim jordan or anybody could potentially withdraw their name from consideration. i've seen other names put in to consideration with speaker votes. colon powell before, jeff sessions, the former republican senator from alabama and attorney general. he's gotten votes. john lewis, the late democratic congressman from georgia. i asked one source that is very good on this information saying a withdrawal of somebody, saying you can't consider my name, that that would be unprecedented. we continue in this cryogenic freeze here on capitol hill. this might go later tonight or later this week. again, at what point will kevin mccarthy and his supporters say we're not wearing them down? we will know each time we have a roll call vote to see if there's any movement in that magic universe of 19 opponents if that number goes up or democrats get involved. that's not happened yet. that's what to look for on the next round of votes. back to you. >> martha: indeed there were votes for andy biggs, jim banks, jim jordan, lee zeldin and byron donalds in the first round. now they have coalesced for jim jordan in the 19 votes. chad, thanks very much. dana perino is on the phone with us. there she is in person. hi, dana. what to you think about this? >> gosh. it's wonderful to experience history. if you're the republican party today and you're -- let's say you're average joe republican out there in the country, you're watching this saying what? what is the idealogical difference between kevin mccarthy and the others, right? they don't know these names. they don't know -- maybe there's bad blood that has happened between a few of them. kevin mccarthy has 95% of the support of the caucus and then there's a small group, very small group, relatively speaking -- like the equivalent of the squad on the left-hand side of the column. they are digging in and they want to make life miserable for kevin mccarthy. i would imagine he's feeling that way right now. i think the fact that there's been no votes changed back to kevin mccarthy in the second ballot about about to go to a third, i don't know what happens from here. i noticed that brett mentioned about taking a break. possibly so. at this point, i don't know what else he can do. to me it a little less about let's unite and hold the biden administration accountable and make sure that the biden white house has a check on it, which is what the american people wanted when they were able to vote in november and said they wanted a republican majority in the house. this doesn't get you to any of the oversight, doesn't get you to backing off of some of the spending. doesn't get you where they want to be or where the average republican voter thought that they would be. by the end of this week, maybe this is over and done with. maybe we have a speaker, kevin mccarthy or somebody else. i don't know. i think the fact that there's all of this drama in washington d.c. around the republicans today has got to be a source of major disappointment especially for the people that worked hard and volunteered on campaigns. this isn't what they thought would happen. >> martha: and you have a couple of people who were supported very closely. eli crane and ann luna by kevin mccarthy. he raised $238 million, an enormous amount of money to back these candidates. now some of them are voting against him for speaker, dana. that is a harsh reality. >> you mentioned something that is really important. there was positive for republicans, the incredible recruitment, the diversity of the candidates, their ability to pull forward. a lot of those candidates would have won those races had the senate and gubernatorial candidates, for example, in pennsylvania and some of those close races, republicans couldn't get there on the house side. thankfully lee zeldin did such a great job running for governor in new york, the republicans could thank him for getting them across the finish line. even though the majority is very, very narrow. i remember talking to somebody, kevin mccarthy's team. this is months ago. maybe march, they were talking about the recruitment. they were excited. they said at the end of the day, they still might not vote for him. that was maybe prophetic. >> martha: thanks, dana. a lot of coverage here. bret, going back to the history of kevin mccarthy, back in 2015, he wanted to be speaker then. paul ryan, who didn't want to be speaker got recruited and pulled in to take over that gavel. he worked alongside donald trump and they had big wins but not a great relationship in the end. people watching this saying, there's a real push and tug among republicans, some that want some real reform and that's what we're seeing in these 19 votes. whether or not they have the traction, we don't know. >> there's a frustration to the average republican watching this. they just worked hard on a campaign or made a special effort to vote and told their friends to vote republican. here they are. they delivered the house of representatives and now they look at this. they want those things that jim jordan talked about. they want that stuff to happen. republicans historically have not herded the cats very well. they don't have democrats singing from the same sheet of music. republicans always have the splinter faction that is a different type of the way they operate. they stand up and are adamant about going with the group. kevin mccarthy was good at fund-raising. he's not a good committee chairman, which is all the time trying to get people together. so the question is whether that trust level, he can get that in these subsequent ballots to move -- he needs 14, 15 votes to move. that's not two or three. that's 15. he's already had a speech from the second vote getter, jim jordan. what is he going to negotiate away that makes him speakership have any power to get the up with 5 votes? that's if question. >> martha: the one place there could be movement is basically this motion to vacate the chair. it was 50%. you had to have a majority saying they don't want that done anything. they gotta down to five people. people that saying they weren't going to vote for you. if he gives away more than that, he goes down to the one that they want, he could be speaker for 4 1/2 minutes. >> yeah. somebody says you don't like this. you're gone. that's it. that's untenable. it's not leadership. i don't think we're going to 133 ballots as we did in 1856 -- >> did they cover that hahn cable news? >> i don't think so. there wasn't this growing frustration. what the the heck are we doing if we can't get this figured out. i think eventually there's this push to get to a consensus candidate. whether that is mccarthy and he can move votes or somebody outside. a speaker doesn't have to be from in the chamber. we mentioned lee zeldin. he's the reason why this is a house majority of republicans in new york. he and the race for governor swayed a number of different house seats. could they say hey, lee zeldin could be the guy that brings us together. who knows. it really is that way. >> i don't think we know yet, do we, whether or not they're going to take a break? we see them milling around at this point and sort of hanging in the balance between a second ballot and third ballot. there were reports yesterday that kevin mccarthy wanted to stay in the room. he didn't want to leave the room. he wanted to force the votes. at this point does he recalculate that, bret? >> i think so. you can't be photographed, you know, in the cameras having a head lock on somebody in the house chamber. his allies are working. i think it's interesting that he want so he hard in the preconference meeting and went after them. i wonder if the sugar -- >> i earned this. we earned this majority. we're not going to -- we're going to win it today with the few god -- we're going to win this today. you can understand his frustration. you can understand his frustration. he's got an -- >> one more thing. there may be young incoming members. they're representatives elect. they haven't been sworn in. they may not know the logistics of that and they're on a dangerous ledge here. hakeem jeffries needs a few votes to get to -- he need five -- six votes to get to 218. if they have too many that go the other way, there could be a shift. i don't think it will happen but we're on our third ballot now. >> martha: imagine the anger on the republicans said if they end up with a democratic-led speaker after getting a gain with a slim majority that is barely a majority. hakeem jeff recreation at 212. a quick thought from dana perino who is with us as well as we watch. a lot of people have left the chamber. maybe they headed to a conference. >> these are not numbers that anybody wants to be in power would want to accept as bret pointed out. you need 218 and it doesn't have to be somebody that is a member of congress. i was texting with tyrus and suggesting he might be the one person in america that could get over 300 votes in the u.s. congress. tyrus is an option if we're looking for someone. >> martha: he could wrestle it. >> that's true. it's fascinating the members rebelling against mccarthy that wouldn't have their seats without him. he had a plan. it was go out and recruit the best possible candidates. run the campaign and get them the money and get them elected. the ones against mccarthy didn't have a plan. now we're in this situation. we'll watch what happens. the last thing that i would say is that, again, conservatives and republicans are deeply dissatisfied with the biden administration. unless they can pull it together, they won't move forward. there's one of the members of congress that has been there -- against mccarthy. he's been there since 2009 and accuses mccarthy of being a member of the swamp. the member of the swamp is in the eye of the beholder. at some point they have to make a move. we haven't mentioned one person, steve scalise. he's the member from louisiana, considered very conservative. he might be somebody if they do take a break to watch for his name to see if it comes up. he might be the one that could get a consensus. >> martha: we've been watching the faces of jim jordan and steve scalise as this played out. it's fascinating political theater and drama that is unfolding right now in a very real way. dana, thank you very much for being with us today. bret is with us as well obviously here in d.c. we want to take a momentary turn here. there's another huge story that we have been watching. this video just came in. you're going to see it in a second here. the suspect who is accused -- there he is in the middle in that orange jump suit of brutally stabbing four university of idaho students and close friends. they lived together. he's now in a pennsylvania courtroom where he's expected to waive the extradition to face multiple murder charges in moscow idaho. 28-year-old brian kohberger walked in stone-faced with his hand shackled in front of him, dodging reporter questions. fox news can confirm that forensics specialists matched the dna from the crime scene with dna that an immediate family member had submitted to one of the genealogy testing websites. extraordinary with that has been. brian claypool will joins us and former lapd detective mark furman will be with us. first to alexis mcadams who is in pennsylvania where we just saw this suspect. hi, alexis. >> hi, martha. good afternoon. here in pennsylvania, we saw for the very first time that murder suspect that came back here to pennsylvania after investigators say he killed the four innocent students in moscow. we can tell you that as he walked in to the courtroom, he has family members sitting in the front row. he nodded at them and proceeded to sit town in front of the judge. he's expected to waive his extradation. we snapped these photos abe he walked in a short time ago preparing for this extradition hearing. he's facing four counts of first degree murder and a felony burglary charge. investigators say he's the killer. the 28-year-old is expected to waive the extradition and will be taken by u.s. marshalls from here back to moscow, idaho. returning to the city where police say that he stabbed the four students to death inside of that off campus home back in november. it took weeks to track him down. police did it, they caughts him. sources say police have matcheded the dna at the crime scene with one of his immediate relatives that in the past submitted it to a genealogy website. it's the key piece of evidence. dr. michael boden says his team will do their own investigation. listen. >> sounds like the defense lawyers are doing a good job. they have already stopped the idaho police from tearing down the crime scene. so that they could have their own experts come in. >> swat teams swarmed his parent's house. his family says they're standing by his side and in court today. neighbors say they can't believe this happened in the small town in pennsylvania and now it's at the center of one of the most high profile murder cases in the country. >> never saw anything suspicious. that's why they hide out here, there's a lot of land, a lot of seclusiceness. we heard that kohberger and his dad were stopped between drieding the white hyundai elantra. martha? >> okay, alexis. thanks. we bring with attorney brian claypool. brian, great to have you with us. you listen to alexis' report. the dad drove him home in that white elantra that was already on everyone's radar that people were looking for. what do you think happened here? >> martha, great to see you again. happy new year. an arrest of a suspect is the first phase. we need to see what this dna connection is. it's really important to know what the forensic analysts have been doing. what i mean by that, i understand there's a genealogy connection. michael baden said, defense lawyers will attack that as being unreliable. the first thing i would have done when i arrested kohberger, i would have asked for saliva swab. if he didn't give it, i would have get ten a court order for a dna. if there's any of his skin under the fingernails of the two girls, now you can do a clear test to find out whether he really was the killer. i think we need to be careful about doing a victory lap in this case. there's a hearing that has to take place in idaho of 14 days of kohberger making his first appearance. at that preliminary hearing, a judge decides if there's substantial evidence on each and every element of a first degree murder charge. unless he waives that, i doubt his lawyers will let him do that. the prosecution will have to have a boat looked of forensic evidence in the next three weeks. >> martha: yeah, you make a great point, brian. we've seen homicide cases that looked like they were clear that did not return guilty verdicts. we'll see where this goes. thanks, brian. with that, let's bring in ted williams, fox news contributor. he's back on the scene in moscow. we're hearing that kohberger's attorneys want to investigate the house. do we know if a dna swab was taken from this suspect? >> hi, martha. i can tell you while you were having high drama there in washington d.c. we're having high drama here on the scene in moscow, idaho at the house that is over my shoulder where four individuals, four college students were murdered. i don't know if they did a dna swab. but i do know that michael bay -- baden and the investigators will come into this place. guess what? over my shoulder as we speak for the last hour to 1 1/2 hours, investigators have been in here, investigators on behalf of kohberger have been at this scene and they're doing their own reconstruction of this scene right now. so that's what's going on out here in moscow, idaho. the investigation continues. i can tell you, he is definitely meeting kohberger, going to mount a defense. ted williams, fox news. >> martha: thanks, ted, for that. so also with us, former lapd detective and fox news contributor, mark furman. he lives a few hours away from the university of idaho. good to have you with us. we have the video we just showed ohio the court proceeding today. his family was there in the front row. brian kohberger's family. he has plead not guilty. >> well, of course he's not going to have a trial and you can't exonerate him if he doesn't plead not guilty. there's something that i was listening to that this task force did not go into this willy-nilly. by the time the suspect left idaho and on the way to pennsylvania, they had their ducks in a row. not only do they'd have a surveillance, we don't know if they didn't pick up a pure dna sample on the way, whether it's a paper cup a coffee cup, something that he touched when the police stopped him in indiana. we don't know that. we know the genealogy dna is probably only at best 50% with a relative. but they had in hand with the arrest warrant, they had all the particulars to write a search warrant once they were in pennsylvania. they didn't ask for a dna sample. they took a dna sample. so right now they have a match with the crime scene at the victim with the suspect. that's why the task force is so sure they have their murderer. >> martha: it's interesting the element of this, even if it's at 50%, sam of these genealogy websites. that gave them their starting point, right? without that, he might not have been in custody. >> that's true. they also had something -- they loosely identified kohberger with the white elantra with the ticket that he got for no seat belt. he probably has a parking permit at wsu. by the time they did the genealogy and they might have had a 3% or 8% hit to a family tree. if they had a last name, which is usually the sur name that gets passed down on the y chromosome, which connects family trees, they had kohberger. now we have a kohberger with a white elantra. we don't know if they dent get a dna sample after december 17, wrote a search warrant, went in there with a key, got a today brush, hair brush and made a dna connection before they got to pennsylvania. >> martha: mark, what are your thoughts on the father's trip out there and their trip back in that car? you know, the potential for him to be looked at as well in all of this. >> well, i think in a vacuum, it's not strange. somebody is going to be driving that long distance by themselves in bad weather conditions. if the father's retired, that doesn't seem strange to me. what it does seem a little strange is the conversation that the father might have had with his son. you don't have stupid people here. you're driving a white elantra and on the radio and everywhere you look where you stop on the tv, they're looking for a white elantra from a murder in idaho and his season lives eight miles away from. it's pretty odd that the conversation didn't come up. i don't think it will be evidence that he was actually in the car because i don't think the father heard a confession. >> martha: thank you so much. good to have you with us. mark fur fuhrman from idaho. back to capitol hill where there's another huge drama unfolding. the second round of the house speakership vote looks like this. 203 for mccarthy, 212 for hakeem jeffries and the rest for jim jordan. we bring in republican congressman elect from new york mike lawler. we spoke with you throughout the mid-term process several times. now you're waiting to be sworn in. looks like there may be a delay. what can you tell us about how this looks from your viewpoint? >> we're headed towards a third vote. i believe kevin mccarthy will be elected speaker of the house. he has negotiated in good faith with the freedom caucus. he has given them 20-plus rules changes that they have requested. but they just won't take yes for an answer. the unfortunate thing here is that they keep moving the goal posts. yesterday they came back with a new list of demands. seating specific members on committees, passing their legislation. bypassing regular order, which is what they seem to be arguing for to begin with. then they want to take the church-style commission away from jim jordan and many give it to scott perry of the freedom caucus to run it. so they keep moving the goal posts. but i and many of my colleagues including all of those in biden districts have been very clear about this. we're only supporting kevin mccarthy for speaker and there are a lot more of us than them. the bottom line is this. kevin has earned the right to be speaker. he has the overwhelming majority of support of the members of the republican conference. the only winner here is joe biden, chuck schumer and a jeffries. the longer this vote is delated and the longer it takes to get a speaker that means jim jordan can't commence his oversight hearings. means we can't reign in out of control reckless spending by the biden administration. mean we can't fight to secure our border or increase domestic production of energy. these 19 folks are trying to hold the rest of us hostage. it's not going to work. we're not going to give in. we're not going to allow this to continue. >> martha: what is happening right now? we see members middling about right now. is there a discussion going on or a conference where we might see behind the scenes wrangling in this? >> members continue to talk to each other. continue to have conversations on the floor or off the floor. but we're going to proceed to another vote. we're going to keep voting until kevin mccarthy is elected speaker. >> so the republican conference is not going behind closed with the 19? that's not happening? >> there's been a lot of discussions. kevin mccarthy has held over a dozen meetings, over 100 phone calls to try to address the concerns raised by these 19 individual members and the freedom caucus. he has given them almost everything that they asked for. >> martha: i understand that. i'm looking -- we had a shot of chip roy who said he's good friends with dan crenshaw but he's not budging. my question is -- >> i believe what he said he's not going to blink, which frankly i found to be a very poor choice of words. >> martha: okay. i think that what i'm saying is that we're looking at these groups that are still sitting there and they're not in the middle of any kind of close doors situations. where do you see the movement happening? >> look, there is obviously a large portion of the conference, over 200 members, that are supporting kevin mccarthy. so the 19 folks that refuse to support him are going to have to give. the bottom line is this. they were asked this morning conference what else do you want? they couldn't articulate it. it's embarrassing. frankly, it is giving the american people pause. the bottom line is we were elected to do a job, elected to stop one-party rule, stop the biden agenda and put forth our commitment to america. we can't do that without a speaker. so to chip roy and the members of the freedom caucus, get on board and enough of the crap. >> martha: you don't see any movement towards jim jordan or discussions about steve scalise -- >> by the way, jim jordan nominated kevin mccarthy to be the speaker of the house. jim jordan believes he's the right person to be speaker. i believe kevin mccarthy is the right person to be speaker. the fact that they would nominate jim jordan is a game. it's not going to actually result in anything. kevin mccarthy is the right person to lead this conference forward. he's the right person to lead the house forward and it's time, past due time for everybody to get on board so we can get about the business of serving the american people. >> martha: okay. mike lawler elected in his district. he's congressman-elect from new york state and would like to get things moving, get to his job. a lot of family members thinking they would see people sworn in today. thanks, congressman elect. thank you. >> take care. >> martha: obviously keep one eye on that. as we await the next steps on capitol hill or a third round vote, there's other breaking news today as well. the nfl says that last night's bills-bengals game will not be resumed. it will not be played this week. it was called off, the game was called after a buffalo defensive back, damar hamlin suffered cardiac arrest and collapsed on the field. the 24-year-old received medical treatment on that field for 20 long minutes before being rushed to the hospital where he remains in critical condition. first to eric wood, a former buffalo bills player, now a commentator that was at the game last night. eric, good to have you with us. this is a heart breaking situation for everybody that watched this game and was concerned about him, remains concerned about him. he's in everybody's prayers today. tell us what your reaction was when you were there last night when this was happening. >> yeah, i was on the call for the game. it's unlike anything that i have experienced in an nfl stadium before. you had the most electrifying atmosphere of the season with this highly anticipated football game and then a completely silent stadium. once people saw the reaction from the players and the coaches that were coming on the field, the medical attention, this was not a normal football injury. as broadcasters, we're used to seeing cards come out and get guys off of the field. it's a dangerous sport. not in this manner. not where a guy struggling for his life on the field where there's almost ten minutes of cpr performed. this wasn't that big of a hit. just the right -- the exact wrong spot to get hit in the time. it's a really tough situation. >> martha: it is. we're watching these videos of the players kneeling and praying on the field. anybody that has a family member that has played the game knows that any time someone you care about is down on the field, it's a terrifying situation. i think -- i know. everybody in the country is praying for him. he's a wonderful young man. he's a super young guy and we all are praying for him. hoping for the west. thanks very much for your first hand experience from last night. good to have you with us. >> my pleasure. >> martha: thank you. so joining me now on set here from washington, former nfl player jack brewer. now ceo of the brewer group. jack, good to have you with us today. i'm sure your heart is where all of our hearts are for this young man today. what are your thoughts? >> when i watched it, ironically my mom was with me last night. she doesn't live with me. she was there for the holidays to see his mother be rushed there, it hit me. because every time i would run down the football field to cover a kick or punt, you always said that prayer that you could get up. so to see someone not get up is the biggest nightmare for anyone that has ever played this game, particularly at this level. so my heart goes out to him. you know, the first thing i thought is why, why, god? when you see an entire stadium praying together, you see no matter if you're red or blue, no matter what color you are, this entire nation is praying for this young man right now. i think we need to take that and embrace that. listen to god and understand that he's telling us that every knee shall bow and every tongue shall confess. it's a beautiful thing to see the way this country has wrapped their arms and this young man. he was a humble god-fearing young man who i believe will walk out of that hospital. >> martha: damar hamlin, a picture that he posted. family first. it's a beautiful image of him getting a hug from his mom, nina and his family pregame. he said the things that matter most to him are his mom and dad that supported him throughout his entire career. reading act the fact that he was starting a clothing company on the side just in case he didn't make the nfl, which he did. he's a fine young man, loved by this team, loved by the bills and everybody that knows him and knowings him from pittsburgh as well. we all join in prayer today. >> thank you for having me. >> martha: also breaking today, republican ron desantis kicking off his second term as governor of florida. he had a swearing in ceremony in tallahassee. here's a little bit of that. >> when others states consign their freedom to the dust bin, florida stood strongly as freedoms lynchpin. when the world lost's mind, when common sense suddenly became an uncommon virtue, florida was a refuge of sanity. a citadel of freedom for our fellow americans and even for people around the world. >> so a little bit of inaugural today. there's been so much breaking news. we wanted to get you a look at that as well. all eyes are on the governor as a potential 2024 gop contender after a decisive vehicle over charlie crist in november. here in washington a tension turns now to president biden's plan for 2024 and when he will make an announcement about his political future. the president reportedly intended to spend time over his vacation in the virgin islands over the christmas week discussing what he would do with his family around him during that time about running again in 2024. with that, we bring in kellyanne conway, president of kac consulting and a fox news contributor. glad to say kellyanne, good to see you. we can talk about ten things right now. you were just over there? >> yes. >> martha: what do you think? >> nobody knows whats going on. leader mccarthy is still confident. it hard to know what the 19 want. some of it seems personal, some political. others seem on policy. if there's one or two threads that you can tie together and say, okay, here's what we'll give in on what they want. there's so much work to do in this country, martha. energy, independent, get ahold of border insecurity, hold some people accountable, real reform. so much work to do. the electorate favored republicans by a couple million votes. came up short when you look at the margins, certainly. but they have a mandate. kevin mccarthy put that forward and said let's get to work. he said when we get the gavels back, here's what we'll do. many people want investigations. the leader, the speaker, if it's mccarthy or others, they should stay away from the investigations. let the committees be handled. kyrsten sinema, can't be the october democrat in town that is sick and tired of one party control. everybody voting the same way for trillions of spending of money that we don't have and things that we don't need. >> let's talk about 2024. i think if all of this wasn't going on on the hill, you would have seen more from the inaugural address of ron desantis in florida. also we await the decision from the current president, biden, about whether or not he will run again. when biden was running, he said he wanted to be a bridge to the future. it was his way at that moint, interpreted at least, of him saying i'm on the older side. i want to get us through one tern as president and we'll see who the young talent is. looks like he might be changing his mind on that. >> he must be. his greatest spoil is donald trump. that's the only person that is an announcewant did it so far. president trump will tell you his record in the general election is 233 to 20. so he put himself out there. he was more engaged, more involved, more welcome than president joe biden was. we talked about it so many times on election night that you had joe biden and kamala harris unwelcome on the campaign trail. they sent joe biden across the street here not to the u.s. capitol, to the train administration. in 2024, what is different, the legacy. he will run on spending, infrastructure and build back better and all that and this omnibus. so many people are upset about putin and the southern border. if you look at the l.a. times, a hometown newspaper from the former u.s. senator from california, kamala harris, they have her disapproval rating over 50% now. if the wiser people around joe biden can say look, president biden, you became president, you tried for four years. you got rid of the donald trump, thanks so much. it's time to pass the baton. this is part of your legacy. pass it on to the first female president of color, kamala harris. they can't do that. nobody has confidence in her. she's saiding senior staff. over 21 people have left her. she's not comfortable with the teleprompter. it's hard to dislodge a sitting president from his party's nomination. i predict biden will run and especially with the biden trump rematch and we'll have story after story after why can't we have a third party. it's the last mile that we'll have to convince. a cage match rematch will have to be on policy. it never is. if they really contrast the two policies, life under president biden and life under president trump that gives an advantage to the former president. i like big trump when he talks about policy. i don't like talking about other people necessarily. we'll see what happens today. this is the first big promotion, big endorsement of president trump was kevin mccarthy. he said kevin deserves a shot. he's had two shots so far. >> martha: others will get in. >> if one person goes against trump, five or six there. there's no question. the winner can have 25, 30% of the vote. >> martha: thanks, kelly an. >> we got it? >> martha: thanks for joining us today on a busy day on capitol

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