tv Americas Newsroom With Bill Hemmer Dana Perino FOX News December 28, 2021 6:00am-8:00am PST
>> thanks for watching "fox & friends", three hours went by fast. we'll be here tomorrow. you crushed it, kaley. >> we have a fox news alert out of colorado. five people are dead including the gun with a shooting spree. the shootings in multiple locations wounded three people including a police officer. the suspect died in a shoot-out with officers. no word yet on a motive. a live report later in the show. >> but first president biden passing the buck on the pandemic telling the nation's governors the fight against covid is now in their hands,
not the federal government's. i'm benjamin hall, bill and dana are off this morning. julie, pleasure to be with you. >> julie: good morning, benjamin. i'm julie banderas and this is "america's newsroom." we have a packed show for you beginning with the rapid spread of the omicron variant. it is fueling staff shortages at some airlines blame for travel nightmare of canceled flights and a nationwide testing shortage is not helping. president biden admitting his efforts so far have fallen short. >> president biden: it's not enough. it is clearly not enough. if i had known we would have gone harder quicker if we could have. >> this is how many americans are spending the last week of 2021, waiting in hours-long lines for covid tests. >> julie: mike tobin on the travel chaos from coast to coast. dr. marty makary on the new cdc
quarantine guidelines. rich edson is traveling with the president in delaware. >> the president spending a few days here at his place on the delaware shore. this is shortly after he arrived last evening. the centers for disease control changed its guidelines for isolation for those infected. right now it is five days you isolate if you are asymptomatic and end your isolation. that recommendation was 10 days. in a statement the cdc says the change is motivated by science demonstrateing that the transmission occurs early in the course of illness. one to two days prior to the onset of symptoms and two to three days after. there are severe shortages when it comes to those in the airline industry and healthcare workers. in an attempt to try to get those folks back as quickly as possible. >> it's anyone who is infected whether you are unvaccinated or whether or not you have a
breakthrough infection following your vaccination. what it means is that instead of keeping people out of action, out of work, out of society for 10 days, if you are infected and without symptoms you have five days of isolation and then you can go back out into society with a mask worn consistently. >> the president again stressed that unvaccinated americans should get their shot to stay out of the hospital. the administration has tried to implement a vaccine mandate for some healthcare workers and large employers. legal challenges to those mandates made their way to the supreme court. there will be a special hearing there early next month. administration is pushing increased testing though the president says he wished he had pushed that strategy months ago. white house is trying to buy a half billion at-home kits that americans can order free online. the website isn't up yet and
the tests won't go out until early next month. the administration passed on a proposal to buy hundreds of millions of tests in october and have them ready for the holiday season to try to prevent a surge going on that we're seeing now. the president yesterday said he did not reject that proposal. back to you, julie. >> julie: rich edson, thank you. >> the holiday travel nightmare is not letting up. hundreds more flights canceled today on top of thousands grounded since christmas eve. some airlines blame bad weather and staffing shortages due to the covid surge. mike tobin is live in chicago with the latest. hey, mike. >> good news right now is at least for this particular window in time it looks like it is getting a little better. the tsa line behind me by o'hare standards it is normal to light. as we walk over here and look at the board with the flights, not a whole lot of red up there.
red being cancellations, yellow delayed. it just doesn't look that bad right now. we go to flight aware.com and the misery map. the number of domestic flights canceled is down to 716 from 1200 yesterday when bad weather and the spike in coronavirus cases caused all of those cancellations. also looking at the map the red are the delays or cancellations on that graphic. you can see that coronavirus doesn't really know any geographic boundaries. the bigger the cities, the more delay, the more cancellation. this particular round of trouble started christmas eve when the spike in coronavirus cases among airline employees mirrored that of people in the nation. they started calling in sick and airlines didn't have enough people to operate all the flights. bad weather yesterday. sky west and alaska got hit hard. for the industry this is a trouble spot. a bump in the road.
for the guy trying to get home and get to work, get to his holiday, it's a disaster. >> yeah, my plane was canceled yesterday. >> canceled the flight again. >> all the way down the runway, stopped and sat there for a second and we have bad news for you. everyone goes oh. >> the industry representatives were going to the cdc asking for a reduction in the isolation period if someone has to quarantine after a positive test. as you know now they got it. the isolation period cut in half for asymptomatic people. dr. anthony fauci has advocated mandatory vaccinations for anyone wishing to travel by air. we'll see how those two developments impact this backup moving forward. back to you.
>> mike tobin following it for us in chicago. thank you very much. >> julie: let's dig deeper into the cdc cutting its quarantine period in half for people exposed to covid from 10 days to five. joining us now is dr. marty makary. this is a sig -- significant cut. amid the omicron surge. what do you make of this change and what should we know? >> they're cutting down the quarantine period if you have no symptoms. that is if you think you have been exposed or test positive without symptoms from 10 to five days and recommend wearing a mask for five additional days. it is not practical and why many people in business and routine american life have said we can't do this. we can't staff our hospitals, we can't staff the infrastructure of transportation and the airline industry. cdc says their change is based on new data. we've had this data since april
of last year. we've known the maximum period of viral shedding is in the first 3 to 4 days. even though they say the change is based on new science they're saving face and 20 months late with the new guidance. >> julie: interesting. can you explain to us the difference in quarantine time between vaccinated and unvaccinated individuals. is there a difference? >> sure. they are saying if you are vaccinated and boosted you don't have to quarantine at all. you can wear a mask and live your normal life. they are saying if you are vaccinated, you can have that limited quarantine period of five days and if you are not vaccinated stick with the longer quarantine period. the way in which they've created the distinction for boosted individuals is very concerning because in my opinion they're identifying -- they are ignoring natural immunity which is a powerful form of immunity and second of all they are identifying this
new category of americans as if they're entitled to more privileges. a study of the u.k. found that 10 weeks after the booster dose your ability to get the infection again goes up significantly. that's the efficacy against a positive result goes from 70% to 40% 10 weeks after the booster. >> julie: let's revisit the guidelines since they seem to change like the weather. isolate for five days if asymptomatic. five additional days of mask wearing. boosted individuals exempted from quarantine after exposure like you just said. moving on should we cancel new year's eve plans? that's the burning question of the hour. fauci says yes. he says if you're vaccinated, boosted, with family and relatives it's okay to stay home. if you plan on attending the new year's eve party with a larger group that's a different story. play the tape. >> talking about a new year's
eve party 30, 40, 50 people and don't know the status of vaccination i would recommend stay away from that this year. there will be other years to do that but not this year. >> julie: i have few people coming over for new year's. should i make themselves test themselves even though they're vaccinated? >> i reject the entire lexicon that public health officials put out about the unvaccinated and unvaccinated. we should recognize natural immunity. if you've had the primary vaccine series or had the infection in the past, i would include people over 65 as those who are boosted you should feel good about your immune protection. it is very effective against severe illness. think of this season as a bad flu season. there is a common respiratory path again called omicron, you are out like you would be for flu. it is nearly everywhere.
people should keep it in mind as they think about their plans. >> julie: okay. also earlier this week fauci suggested reporting -- requiring -- supporting requiring vaccines be mandated if you are going to board an airplane. now he seems to be sort of wrapping around that forced to clarify his stance on the whole vaccination requirement if you are going to board an airplane. let's watch his explanation. >> what i said, jim, was that everything that comes up as a possibility we put it on the table and we consider it. that does not mean that it is going to be likely to happen. right now i don't think people should expect that we are going to have a requirement in domestic flights for people would be vaccinated. when i was asked that question i gave an honest answer. it is on the table and we consider it but that doesn't mean it is going to happen. >> julie: so he will consider it. it doesn't mean it necessarily is going to happen. what is going to happen, do you
think? >> well, i don't think they'll go ahead with that. i think people are fed up at mandates and heavy hand of government. you are seeing countries like australia now have their prime minister do a 180 after significant lock downs and talk about the role of personal responsibility and getting away from a culture of mandates and moving toward a culture of personal responsibility. that came directly from the prime minister of a country with some of the most draconian lockdowns out there. people are tired and they want a more reasonable policy. the epidemic that affects 10 to 20 million adults with no immunity. for those people they are at risk. for the rest of the population they are not going to wait for those individuals in order to resume their life. >> julie: certainly. seeing australia turn the table for the prime minister to make a decision like that and make an announcement like that is huge. they have been on lockdown for over a year. you can't leave the country,
you can't come in without extraordinary measures. i think that's a good example to point out. i want to point out another alarming number. pediatric hospitalization is up 395% in new york city. let me put the numbers into perspective. that sounds like a huge number. we talk 22 to 109 children hospitalized currently within two weeks amid the covid surge. should parents be worried? let's make clear the children hospitalized have not been fully vaccinated. >> that's right. think of it in terms of a respiratory virus going around the school system. that's what kids are experiencing right now. parents should take appropriate precautions. significantly with kids with the co-morbid condition. we don't know the behavior of omicron is young people but we got good news today from south africa that omicron infection does provide immunity against delta. that's good news suggesting that omicron infection may be
nature's vaccine for much of the world that will not get vaccinated or does not have access to a vaccine. >> julie: that's very interesting. dr. marty makary wonderful to see you. thank you so much. benjamin. >> as the biden administration pushes its vaccine mandate for large private companies, some states are responding. at least five states now reportedly grant unemployment benefits to those who lose their jobs for defying vaccine mandates. they all have gop majorities in the state leather. the "washington post" reports three other states are considering similar measures. >> julie: fox news alert tragedy in california after a small jet crashes into a san diego suburb. we're live with the details ht ahead. plus the crisis at the southern border. one of the big stories we've been following all year long for you and the flood of
illegal crossings is not likely to slow down. next former acting ice director tom homan than why sanctuary city policies are making things worse. an early forecast for the high-stakes mid-terms straight ahead. >> we need to stand up against the democrats to preserve and protect our country not just to get back in power. i don't like the phrase take back the house, i want to take back america.
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p.m. on december 20th. they believe she is in grave immediate danger. a reward of more than $150,000 raised for anyone with information about her whereabouts. >> benjamin: fox news has been live at the southern border since the very beginning of the biden administration. reporting on the surge of migrants and drugs coming into the u.s. take a look. >> this is one of the busiest sectors for u.s. border patrol. >> here in tijuana you see this tent camp up to 1,000 people living in difficult conditions. no idea if they have covid. they aren't being tested. >> migrants down below. >> the largest group we've seen so far. >> smugglers bringing this raft across the border to this side of the u.s. soil. law enforcement passing the babies up to make sure they
arrive safely. >> this smuggler says the border is anything but closed. adding he is making $100, to $200 a day moving migrants across the rio grande. >> you have people coming in now. look at this. >> we have seen steady increases over the last 4 or 5 months. >> developing situation. >> record numbers day in and day not not just in del rio but along the southern border. >> benjamin: there is no sign of it slowing down. customs and border protection telling us agents have encountered a record 2.3 million plus migrants since february 2020 before biden took office. tom homan is the former acting ice director and fox news contributor joining us this morning. thank you for being with us. usually we talk about what can be done at the border to stop people coming across and what do agents need. you have written a fascinating
article for fox.com live today that looks at the connection between sanctuary cities and the rise in crime. you say it is at a time when democrat leaders are pointing the finger at everyone put themselves. they point fingers but their policies make things worse. i want to read an excerpt from the article. there are a number of reasons for rising crime rates. bail reform laws, no cash bail, progressive soros funded district attorney. defunding of police. sanctuary city policies are also a factor that can't be ignored. explain a little bit more for us a connection between sanctuary cities and rising crime. >> i think fox has been following the story where crime is rising in democratic-controlled liberal cities. it is not a coincidence every one of these cities are also sanctuary cities. are the politicians of those cities doing everything they can to reduce violent crime in the city? no because new york city,
chicago, los angeles, i saw the l.a. county sheriff on the network talking about how crime is rising because of left wing district attorneys won't prosecute cases. here is a share. first day in office -- i'm not saying every illegal alien that commits crime. for every one that gets booked in the jail rather than turning them over to ice to be deported from the country so they can't reoffend they release them back into the public and repeat rate shows 50 to 75% reoffend. crime that could be prevented. we fail to do so because they have an ideology i'm a sanctuary city and won't assist ice. everyone with the rising crime rate are sanctuary cities. they aren't doing everything they can to remove criminals from the streets because they refuse to work with ice. >> benjamin: you were the ice director. it must be so disheartening to see these incredible sky high figures now.
the highest in decades coming across. how does that feel to see all the hard work that you have put in effectively sidelined and stepped on by this current administration? >> here is what i think. i hope the american people pay attention. it is shocking to say this. i have worked for six presidents starting with reagan. every president had their opinion how to secure the border. every president wanted a secure border. understand this. we have the first president in the history of this nation in joe biden who came into office and dismantled the most secure border we've ever had. no president has ever done that. with the help of secretary mayorkas have dismantled every successful border enforcement strategy that donald trump created in his administration. we went from the lowest illegal immigration, 35 year low, illegal immigration down 83%. we went from the most secure border i've seen in my career to the historic numbers.
this past year the 2.3 million is historic. that's not a 20 years that's -- we had more children smuggled by criminal cartels at the hands of the criminal cartels than any time in history in the united states border patrol. more women are being trafficked and sexually assaulted and more migrants died making this journey the first year under the biden administration than any other year in my career. 100,000 people have died from fentanyl overdoses that come across this border because the border patrol is so overwhelmed. we have a president sitting in office and a secretary of homeland security that did everything they could to keep the promises of open border. americans lives are at stake. 100,000 overdose death. migrants dying. we have record amounts of covid coming into the country. in 2021 it has been devastating for those who believe in the
rule of law. this administration is not only ignoring the laws they are violating it and that's why we'll keep some in this administration, we're 3 and 0 and we keep suing them because they are violating the laws and they are refusing to enforce the law and refusing since they came into office. >> it's policies in cities, policies in d.c. that need to change. thank you for your service, sir. and for coming on today. we'll speak to you soon. julie. >> julie: fox news alert on a community in shock after a deadly hit and run killed two children and hurt four others. >> you run over somebody you are an animal and get out and look and get back in the car and keep going. >> julie: a manhunt for the driver. plus the president's sinking poll numbers turning into a real complication for the
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>> julie: i want to head over to benjamin. we're having technical difficulties in my van now. >> benjamin: fox news alert on a deadly -- deadly small plane crash near san diego. we have more on this. david lee miller. >> the video you're about to see a chilling. a home's doorbell camera captures when the small plane crashes east in san diego. a bright flash in the distance at the moment of impact. >> people who lived in the area said seconds before the crash they could hear what sounded like an aircraft in trouble followed by an explosion. one resident told the san diego union tribune we saw a blue streak followed by a big orange ball followed by black smoke.
at this time no fatalities or injuries on the ground have been reported. it is not known how many people were on that plane. reportedly a learjet. no survivors have been found. the plane crashed in the middle of a road. the sheriff's department said the plane was scheduled to land at a local airfield. it took the fire department two hours to put out the flames. the crash caused people who live nearby to temporarily lose power. the cause of the crash is now being investigated by the ntsb and the faa. benjamin. >> benjamin: david lee, thank you very much. julie. >> julie: poll numbers have been in free fall for biden during his first year in office. his approval rating is now lower than any of these polarizing public figures and that could be a serious problem for democrats when they fight
to keep control of congress in next year's mid-terms. thank you for talking to us. president biden's approval rating is worse than fauci, blinken, garland, kevin mccarthy, the vice president and chief justice roberts. the president joked earlier this month he doesn't follow his poll numbers anymore, he says, i can tell you who is following them. the democrats up for reelection. how worried should they be? >> they should be very worried. he is dragging the party down and they are heading toward a calamitous mid-term election. when even the average loss for a party who has somebody in the presidency is 25 seats in the last 50 years or so. the likelihood is it will be bigger than that. he is dragging them down. one of the points one has to remember about joe biden is
that he is always over promising and under delivering which is why he sets himself up for disappointing people. it is not just that inflation has got out of hand and probably going to be running for the rest of his first term as president. he said it was transitory. it is not just that the taliban took over afghanistan, it is that they took it over just two weeks after he said they weren't going to. at all points he is over promising and under delivering which sets himself up to disappoint people. all the way through his career when he was plagiarizeing other people's work. he is trying to make himself out as a more substantial guy than he is. when the truth comes through he disappoints people really badly. >> julie: you talk about overpromising and under delivering. the first thing that popped into my head is hae said regarding home tests. he had said had we had the wherewithal and the foresight
to plan ahead then we wouldn't be where we are now. we could have done a better job. he talked about the home tests. how do you not know that omicron is an issue before the holidays when the rest of us all knew and everyone knows once you go into the holidays and people start traveling you will see a spike? not like the pandemic just started. now with omicron being more contagious. yeah, i mean over promising, under delivering seems to be the motto. >> exactly. i think that's the salient feature about his presidency. back in the campaign before he was president he was saying he would get a grip on it. he would eliminate this virus. all sensible people knew already the virus was not going to be eliminated. it would mutate and all sorts of variants but he said i'm going to get rid of it and he doesn't get rid of it. it is a constant protest. >> julie: you'll never get rid of it first of all.
let's be clear. heads up, biden administration, you have more variants coming down the road. prepare yourself. fox business poll shows the following. the generic ballot falls in favor of republicans 43% compared to 39% for democrats. i mean, that's quite a slide. what would democrats knead to do between now and the mid-terms to turn the numbers around? look up the word compromise in the dictionary perhaps? >> that would be a very good idea. the real problem that the democrat leaders have is that they are dependent on the sort of aoc, bernie sanders wing of the party, the progressives, for votes. there is more than 90 members of the house democratic caucus who are in the progressive caucus. that means they can't cross those people nearly as much. it is not they actually disagree. they know the leftists or
whatever you want to call them, socialists, are out of tune with the rest of the country. the rest of the country doesn't like what those people are pushing. the democratic leadership can't get those people angry or otherwise they lose their votes. only because of those people they hold onto power. the democrats are between a rock and a hard place. yes, compromise would be great but these radicals think that compromise is just weakness and they don't want to compromise. they want to push ahead even though the country doesn't want what they want. >> julie: all right. hugo gur den, thank you very much. we appreciate you coming on this morning. benjamin. >> benjamin: well, more than 1400 children from afghanistan have reportedly been evacuated to the u.s. without their parents since august. how many will be reunited? and president biden signing the 768 billion dollar defense act into law amid concerns over china's development over
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>> julie: about 1450 children from afghanistan have been evacuated to the u.s. without their parents since august. advocates say many of the children were unintentionally separated from their families. trey yengst in live in jerusalem with more. good morning, trey. >> good morning. it is another tragic piece of the afghanistan story, nearly 1500 afghan children were evacuated to the united states without their parents. officials say the majority of these minors were released to sponsor families. around 250 children are still in the custody of the u.s. government. some have been reunited with family members who arrived in
the u.s. at a later date. guidance was issued by the department of health and human services that allowed for quicker processing when parents were separated from their children during the evacuation process. the sad reality is that many of these children who safely got out of the country will never be reunited with their families. why were these parents so willing to let their children ?g a demonstration in the streets of kabul today can provide the answers. dozens of women gathered this morning to protest the taliban. why have you closed schools? adding they want food and work. >> the taliban wants to eliminate women the say way they abolished the ministry of women. >> we spent weeks reporting in afghanistan after the taliban took over. the sentiment is clear. people feel abandoned and afraid. they were willing to release their children to a foreign country not knowing if they would ever see them again to try to get them to safety and a
better life. julie. >> julie: trey yengst, thank you. ben. >> benjamin: president biden signing the national defense act into law yesterday. the $768 billion package provides more money for ukraine as russia masses troops at its border sparking fears it may invade. the defense act adds funding for fighter jets and other military equipment amid china's development of hypersonic missiles. let's bring in national security institute founder and executive director. nice to see you again, sir. it is a lot of money and i imagine the bipartisan support for this. it goes to all the things that the country needs. that being said, is it backed up by the right messaging? it is fine spending money on new equipment, no weapons and fighter jets and submarines but if the messaging isn't there maybe it needs to work together. for example, president biden has shown some reluctance to use military force.
he has always preferred the carrot over the stick. the u.s. is war weary after 20 years in the middle east and we see china and russia being aggressive. what does the military spending mean if it can't be backed up by the right message? >> you are exactly right and part of the challenge. do our allies trust us and do our adversaries fear us? the truth of the matter is that today under the biden administration but true under the trump administration and even under the obama administration adversaries are concerned we are -- believe we will not come after them and allies are afraid we don't have their back. we are afraid to use the military power. we're war we're. it requires leadership from the united states to defend countries like ukraine or taiwan in the case of china. we have to be willing to put our military online if and when the time is right. a lot of things to do before then. we have to be willing to have that behind us. today nobody fears that and it
is part of the concern why russia is getting aggressive and china getting very aggressive around the globe. not just their region. >> benjamin: a lot of haggling over the bill. president biden got one of the things he wanted. the nord stream 2 sanctions were removed. he didn't get funds to close guantanamo. you have given evidence and testimony. you don't believe it should happen. explain why it's important to keep guantanamo open at the moment. >> the reality is our adversaries don't think the war anterior is over. al qaeda, isis are getting stronger day-by-day and looking to attack and americans and allies arund the globe and united states they are plotting with the new situation in afghanistan, with our withdrawal, they are now gathering their forces there and looking to plan against us from there. the idea we would release or transfer detainees some are the most highly available detainees. 40 left at guantanamo and
transfer them out now with the war on terror knowing many of them return to the battlefield is not a good idea nor bringing them to the united states why they would get more rights. congress has put in place restrictions on transfer, the right things to do. while the biden administration may be opposed, gitmo may not be ideal but the best solution we have today for the ongoing conflict. >> benjamin: iran talks restarted yesterday. this is the eighth round. iran coming back trying to renegotiate clauses that had just been agreed upon recently. at what point does the administration have to say enough is enough and they aren't negotiating in good faith and we have to move on. what's the alternative if that's the case. >> we're getting close to the time. we'll be there in a few weeks or months. iranians have not agreed to extend the deal further or not agreed to return to compliance and they want more sanctions relief which part of the challenge is coming into the
new administration, they did give them that relief early on without the need for any concessions and it is part of the challenge. right thing to do if iran isn't willing to negotiate in good faith. biden administration walks away return to maximum pressure and ratchet it up. impose additional sanctions on iran and make clear to them if they pursue a nuclear weapon we'll join people to come after them and not accept a nuclear armed iran. it is unacceptable. we need to be very, very clear about that. we haven't done that yet to date. >> benjamin: it remains to be seen whether or not the administration will take that decision and pull back. we don't know. meanwhile china helping out iran by buying its oil. they are not suffering as much as they were under the trump administration sanctions. thank you for joining us today and happy new year. >> julie: fox news alert now. we are on verdict watch as jurors deliberate the fate of
jeffrey epstein's ex ghislaine maxwell in her sex trafficking trial. >> we're testing and seeing how tough it was for some to get a test this weekend shows we have more work to do. >> julie: president biden admitting his efforts to increase the nation's covid testing capacity are falling short. how did he drop the ball after campaigning on beating the virus? reaction from chris bedford coming up in our next hour.
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i guess i'm going to wait until it gets higher is what i always say. not high enough for me. i won't take the time to buy a ticket. did you play the lottery? >> benjamin: i didn't. i will wait until its bigger. government will take half of it. 400 million, it's not worth it for me. i will wait until it goes to a billion and maybe give it a go. i will make a pledge. if i win this, i will buy everyone on the show listening a new car. >> julie: that's very sweet. that's actually really nice. that's really sweet. we'll hold you to that because we have evidence, this show. >> benjamin: i will. >> julie: that includes me. thank you. >> benjamin: coming up next jury deliberations resuming in the sex trafficking trial of ghislaine maxwell and the jurors signaling it may take a while. alexis mcadams is live in new york city with the latest. hi. >> hi, that's right.
this is still ongoing entering the fifsh day of jury deliberations. more than 24 hours of deliberations for the jurors on still no verdict. let's get to what we know about the ongoing trial. maxwell facing six federal charges including child sex trafficking and sex trafficking. conspiracy charges. they say she groomed and trafficked underage girls to be abused by her former boyfriend epstein. the jurors still have a lot of questions. the jurors asking to review key evidence in the case taking a closer look at the testimony of all four of maxwell's accusers and f.b.i. deposition and testimony from a palm beach. asking the judge to clarify the definition of inadvertisement. two of the charges she is facing. the judge pointed to legal instructions. throughout the deliberations the jury sending out a total of
12 notes to the judge. at one point requesting a white paper board, colored posted notes and highlighter. two weeks of graphic testimony four women said they were underage when maxwell tricked them into being sexually abused by epstein. if she is found guilty she is facing 70 years behind bars. she pled not guilty. the defense says she should not be the scapegoat here just because prosecutors can't charge epstein and back in front of the federal court jury deliberations began an hour or so again and should be wrapping up around 6:00 tonight. an hour later than the judge wants them to stay compared to the days they've been staying in the past week or so. benjamin. >> benjamin: we'll be following it from the courthouse. thank you. fox news alert. covid cases are surging from coast to coast. several states topping earlier records as positivity rates soar.
case numbers will go much higher as a omicron variant continues to spread. i'm benjamin hall. bill and dana have the day after today. >> julie: great to see you, i'm julie banderas. omicron officially the dominant strairn in the u.s. the highly contagious variant now responsible for 58.6% of all new cases. hospitals are bracing for a post holiday surge. meantime people are looking to get tested and finding long lines instead and delays at getting results. the new quarantine guidelines. >> they are saying if you are vaccinated and boosted, you don't have to quarantine at all. simply wear a mask and live your normal life. they are saying if you are vaccinated, you can have that limited quarantine period of five days and not vaccinated you have to stick with a longer quarantine period.
the way in which they've created the distinction for boosted individuals is very concerning. >> julie: steve harrigan is live in atlanta with more. hi, steve. >> big changes coming from the cdc yesterday recommending that people who have tested positive for covid but are showing no symptoms should now reduce the spend they come spend in isolation to five days. supporters of the move say it will prevent an unnecessary disruption to the workforce. >> staffing shortages are driving part of this but there is science to indicate that the infectious period is really towards the beginning of when you are sick and often before you are symptomatic. >> keep in mind after that five days of isolation, there is no recommendation that you take another covid test. and if you do take another covid test there is no requirement that you report the results. that means that the actual number of new cases could be
considerably higher than is currently being reported especially when you look across the country and see long lines, people waiting hours, sometimes days for a covid test. >> i've been to seven pharmacies today and probably eight yesterday just looking for the at-home test kits. there are none to be had. somebody has to do something, this is ridiculous. >> fema will now join the fight trying to use emergency aid to get the testing to where it is needed. julie, back to you. >> julie: steve harrigan, thank you. >> president biden: there is no federal solution. this gets solved at the state level. >> benjamin: call it dropping the ball or passing the buck. president biden telling governors he has no solution to ending the pandemic and now it is in their hands. a senior editor for the federalist joins us now.
thank you for being with us today. it was a bit strange hearing the president say there is no federal solution to this because it seems all he has done so far is implement federal mask mandates and vaccine mandates and push states. how is this about turn happened? >> that's a wild show of humility from a party that says they have a religious obligation to control the weather and say they can't stop disease and omicron no matter how many mandates or policies they put into effect. here in washington, d.c. we aren't getting that same kind of thing. they shut down schools again even though it hasn't worked for two years and putting new mandates in businesses. they've been pushing and pushing. it has been unpopular and not doing anything except for getting the tests that they really messed up. the reality. i spent christmas eve with 25 family members. when you have people like my parents flying in from florida and college kids coming home and you have kids petri dishes coming into the christmas party
and stay up too late, drink too much, you might feel ill. if you can't get access to a test and feel sick stay home. drink water, take vitamins, get sleep. these are realities we've dealt with so much. they have put so many stigmas around coronavirus. it is called getting sick in the wintertime that people have dealt with forever. >> benjamin: i waited in a line for hours trying to get one the other day and it is remarkable. if you look back to 2020, president biden was talking about testing then but nothing seemed to happen. listen to what he said back in 2020. >> president biden: this is not like march of 2020, the beginning of the pandemic. we are prepared and we know what it takes to save lives, protect people and keep schools and businesses open. we just have to stay focused
and continue to work together. my message to the governor is simple. if you need something, say something. need to scale up testing. anyone who needs one can get a test. after 10 months of the pandemic we still don't have enough testing. it is a travesty. >> benjamin: what happened there? he was talking about testing back in 2020. here we are scrambling to get some. 500 million have been order. they won't arrive until the omicron variant has almost disappeared. what went wrong there? >> it is a complete bungling by the administration. they've been trying to put new social programs and spending as opposed to focusing on promises or any of the crises we've dealt with in the country, the border, testing out there. at the same time you have to wonder what is exactly the point of all this testing? donald trump's biggest failure was giving a microphone
continuously to fauci. he continued to go on camera, take any interview he could to spread despair and panic. this white house if they won't get the testing in line still have dr. fauci out there every day telling people they'll die and do this. gloom is going to come. never get rid of masks. crisis will continue for them and be very political in the end. >> benjamin: another angle highlighted in the "washington post" article recently called my epic quest for a covid test. labs and clinics have made money to take advantage of the business opportunity for testing. private hospitals turn around covid tests when they want to get patients into electtive surgeries and not concerned about public health and they haven't delivered adequately. suggestion they're motivated by profits. has that been an issue all along? >> it has been an issue all along. stories from the very beginning from nurses and doctors who had to fight to have patients marked as not dying from covid
because hospitals were guaranteed money. the entire american health system. we have a problem with our basic economics of the healthcare. so much is motivated by money. major corporations taking over. the thin margins that make it so in new york city, for example on a normal day in 2019 emergency rooms were at near capacity every single night. no surprise they get overwhelmeded. the push back against other therapies saying they have to come up with new cures. all of this has been around money and around greed and from the very beginning we've been trying to get masks to people and tests and facemasks to people. everyone wanted a cut. i was watching people try to get supplies. everybody wanted a cut and make money. human greed is also as old as disease unfortunately. >> benjamin: new fox news poll that say americans aren't paying attention and not happy with president biden's covid
response. 47 approved in 221 and disapproval rating is at 49% today. people are starting to see he did not deliver the great solution he promised when he was running. i just wonder whether or not it will be a real issue moving into the mid-terms and whether we might see the president shift in a new direction. what he is doing clearly isn't working. >> it's a massive issue putting into new term. democrats haven't come up with a lot of things to point to helping people who are struggling except for some of the stimulus which they can claim. they haven't been focusing on the needs of the people and it will be something that punishes them in this election. they said they would reverse any bad thing in your life if we got rid of donald trump. they never were able to deliver. we're coming up on the anniversary of january 6 and we'll hear about it like it's 9/11. i don't think that kind of fear
mongering will win them reelection. the democrats and house and senate should be worried they might lose their majorities. >> benjamin: thanks for joining us this morning. appreciate it. we'll talk to you soon. >> julie: democrats in congress looking to pass controversial voting rights legislation now that the social spending bill is on hold. so what are they proposing and what lengths will they go to get it? aishah hosni is live in washington >> good morning to you, julie. democrats claim voting rights are under attack. so much so that vice president kamala harris told cbs the u.s. would lose its standing in the world if congress failed to act. >> take ourselves off the map as a role model if we let -- if we let people destroy one of the most important pillars of the democracy, free and fair
elections. >> democrats say a number of red states passed restrictive voting laws this year. critics call it an effort to nationalize elections would create an automatic voter registration system. ban photo i.d. requirements. create nonpartisan redistricting commission and combat state efforts to roll back the pandemic voting practices. chuck schumer is even threatening to force a vote to carve out the ill-conceived filibuster in order to pass voting rights legislation with just 50 votes as opposed to 60. at least two senate democrats and all republicans stand in his way. >> most americans understand that certain basic ballot security measures guarantee the integrity of their own vote and do prevent the temptation to cheat by others. one of the big lies is that the state legislatures across
america are at work trying to deny people the right to vote based upon race. >> what do voters want? look up to new york state. new york city rather where liberal new yorkers overwhelmingly rejected proposals that would have expanded voting access just two months ago. julie. >> julie: aishah hosni live in washington thank you. we have a fox news alert. investigation underway in colorado after a shooting rampage left five people dead including the gunman. details next. plus chaos still unfolding at the nation's airports as even more flights are canceled. how travelers are coping still ahead and no end in sight to the controversy overly yeah thomas. a swimming official quits saying thomas is destroying women's swimming.
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>> benjamin: at least five people are dead and three others wounded after a shooting rampage last night that stretched from denver to the suburb of lakewood, colorado. the suspect killed in a shoot-out with officers. jeff paul has the latest in our los angeles bureau. >> officers continue to comb through evidence. investigators said what remains unclear is why any of this happened in the first place. the first shots were fired just after 5:00 p.m. local time in central denver when two women killed and a man injured. a few blocks away another person, a man, was shot and killed. at this point police say they exchanged shots with the suspect as they chased him. the shooting spree moved into
lakewood, colorado. police got reports of shots fired at a local business. >> we were just inside the store and heard one gunshot and then a whole -- like they hit the side of the building and a bunch of cop cars came out and -- >> a fourth victim was found at the scene dead from a gunshot wound. officers were able to identify the gunman's car where they later found the vehicle. after being discovered the suspect shot at officers. they fired back but the suspect managed to get away to a nearby hotel where a clerk was then shot. after leaving the hotel the suspect shot at lakewood police officers, eventually police say the suspect was later shot in lakewood and died at the scene. >> scary that this is what goes on nowadays. it is not an uncommon event for there to be public shootings. it is scary. >> at their last update police said the officer who was shot was undergoing surgery and
hoping to get an update on their condition as well as the other victims later today. benjamin. >> benjamin: jeff paul following the story from los angeles. thank you vf. >> julie: usa swimming official who resigned in protest over u penn swimmer leah thomas saying she is destroying women's swimming. >> the fact is that swimming is a sport in which bodies compete against bodies. identities do not compete against eye dent tease. mean are different from women. women swimmers are different from women and they will always be faster than women. >> julie: should thomas be allowed to compete is the question? jason rantz, radio host in seattle. you heard from cynthia mullen there, the u.s. swimming official who resigned over this whole controversy. let's pick up on her words. swimming is a sport in which
bodies compete against bodies. men will always be faster than women. do you think thomas should be allowed to compete? >> ultimately no. i think that we should be making sure that when we have women's sports and men's sports unless we are going to make them co-ed you should be biological with the gender that you are competing. i think it is correct to say that your identity, while it is an important part of an individual's personality and who they are, it doesn't necessarily reflect the gifts that they were given when they were born into a certain gender. the party of science, the party that tells us constantly that we have to -- doctors are telling us to ignore all of the studies, ignore all of the science that clearly indicates that generally speaking men when it comes to sports are better than women. it doesn't mean that women aren't good athletes. it doesn't mean there are some men who wouldn't be defeated by
women but overall. i don't necessarily like looking at any one particular athlete. there will be some instances where there are anomalies but it is clear that men have an advantage over women and why it's separate. >> julie: that's how it starts off when you start as a swimmer before you get to the ivy league level you are obviously separated by gender and age for a reason. thomas previously competed at a man at penn for two full seasons. most recently in 201. the ncaa rules indicate that transgender players have to partake in one year of testosterone suppression before they can compete as women. just keep that in mind. despite that thomas recently dominated a women's competition. let's throw it up on the screen it included the 500 yard freestyle. she earned a winning time on the left side of your screen
4:34 in the finals, a new ivy league record. it is impossible to see these results as fair on the right of your screen where it says 500 free, that was her old time as a man. she slowed down a bit but nonetheless her team beat a record among ivy league. one must take that with a grain of salt. >> you have to look at the studies and the studies suggest even after going through this testosterone therapy or suppression you still have an edge. you still have an edge over biological women. when you are looking at any athlete. male or female. when someone is doing really, really well is it normal to say we are going to suppress their natural abilities for a year so they can compete with others? no. we embrace it. in this case they are conceding that there is an edge to certain athletes based on their gender and their biology, not based on their identity.
it has to be taken into account. you have had generations of women fighting for equal access to be able to compete for scholarships and different opportunities on the professional level. we're now saying we'll push it completely away because democrats changed the definition of gender and democrats have decided they will side with people who are perceived as more oppressed as the other. this is interception politics when you have a biological woman versus a biological man the woman is more oppressed. when you have a biological female versus a transgender female they'll go to the transgender female. let's go with what's fair for everyone and this clearly is not. >> benjamin: the feds are now investigating a small plane crash in california neighborhood that killed everyone on board and took down
power lines. plus deliberations in the ghislaine maxwell trial resuming for the five day. what can we learn from the questions the jurors have been asking? >> their defense is she is a scapegoat. actually both things can be true. she can be a scapegoat and be guilty. let's just agree on that. veteran homeowners. while some banks and lenders are raising their rates newday is holding the line with their two and a quarter refi. that's 2.25%, with an apr of 2.48. this is their lowest rate in history. the newday two and a quarter refi can cut thousands of dollars off your mortgage payments. there's no money out of pocket and no up front costs. lock in your rate.
>> benjamin: the feds are now investigating a small plane crash in a southern california neighborhood that took place last night and reportedly killed all on board and damaged a home. no word on how many people were on the plane that went down just outside san diego. it took down utility lines and left more than 2500 people
without power. >> there is grim new data on the nation's crime wave. 16 cities have broken their all-time homicide records in 2021 and the year isn't even over yet. william la jeunesse is live in los angeles county with more. >> the question is did the pendulum swing so far to the left basically no bail, less jail, fewer cops, will it swing back the other way? 25 cities literally set records for violent crime in 2021 and seven more are close to seeing homicide levels last seen in the crack cocaine 1990s. on christmas eve homicides in houston and oakland along with a police shooting and gunfire there outside a hospital. >> the callous nature of people's behavior right now and the willingness and brazen willingness to use firearms in our community.
>> following the death of george floyd, many democrat-led cities defunded police, voters followed their rhetoric electing soft on crime prosecutors with diversion programs over jail. from philadelphia, l.a. st. louis, austin, texas, some of those d.a.s showed open disrespect for police and that basically followed over with the public. law enforcement fatalities by gunfire rose 24% in 2021. assaults up by 50%. >> this is taking an incredible toll on the officers and agents out there trying to keep us all safe. >> fewer cops on the street and fewer felons in jail we saw more smash and grab robberies, even progressive mayors who supported soft on crime policies reversed course. >> there are people who need to be behind bars.
we are in a better place with covid and we should be able to open up our jails and should be able to have judges that put people behind those bars as well. >> violence, dangerous offenders on the streets has reached a tipping point. too many of our neighborhoods are up for grabs. >> so no surprise gun sales are up near a record 20 million as voters realize crime isn't just a problem for police and sheriffs bust who we elect that matters. julie. >> julie: william la jeunesse, thank you very much. >> benjamin: jurors are resuming deliberations in the ghislaine maxwell sex trafficking trial. so far they've spent 23 hours pouring over the case. yesterday they asked for additional trial transcripts and office supplies to help them along. what could it mean? let's bring in an attorney. thank you for being with us
today. they've asked a few more questions. they've asked whether they can take certain flights into consideration and the definition of the word enticement. one of the charges is enticement of a minor to travel to engage in illegal sex acts and office supplies. is there anything we can read from that? >> yes. so look, it is very difficult to get into the minds of jurors but, of course, from these questions we know what the jurors are focused on in their deliberations. first of all, they've asked for the trial transcript of the testimony of the victims. this case largely depends on whether or not the jury decides that those alleged victims are credible. remember, there is a jury instruction that says the jurors have to assess credibility and take the testimony into consideration, all of it, some of it, or none of it at all. that coupled with some of the other requests for testimony of
other witnesses which may or may not corroborate that testimony tells me that they are really scrutinizing the testimony of those four victims and making an assessment of credibility. further, as you flagged, they are talking about the word enticement. what does it mean? understanding how to apply the evidence they heard in the courtroom to the law and they have questions about those legal standards. in my mind the jury is methodically working through the six counts and making an assessment of the credibility of each witness relatively to that. that's where the office supplies come in. this is a very, very complicated case. many different charges relating to different time frames and each potentially relating to a different set of alleged victims. so i don't think we'll see a verdict today. we're keeping an eye on it. >> benjamin: is it fair to say the longer deliberations go on,
the less likely a guilty charge is? >> the longer deliberations go on the better is in general for defense attorneys. defense attorneys want the jury to be grappling with credibility issues. here that's the crux of the defense case. yes, it is a better situation for defense attorneys. it also could be that we are going to see a hung jury. there is another alternative, too. remember, the jury doesn't have to convict on all six charges. we could see them parsing through and maybe have acquit alls, hung on some and convicted on others. a multitude of different results. as more time goes on defense attorneys are happier from their perspective that the jurors are really looking at the fact and it is not a slam dunk for the prosecution. >> benjamin: defense seems to have been that she is being made a scapegoat for jeffrey epstein. he is dead and they're going
after her. is that really a defense in itself? >> the defense as you said, yes, the defense is she is a scapegoat. that she was not criminally culpable for the acts that he committed. remember, she is charged directly on sex trafficking as well as enticing a minor to travel. the other charges relate to conspiracy meaning she was part of a meeting of the minds to engage in criminal activity. so what the defense is arguing is that she is not rising to the level of culpability of jeffrey epstein and instead because he can't sit in that defense chair the prosecution is going full bore towards her. in order to do this the defense questioned the memory of each of these alleged victims saying back when they were interviewed previously they didn't bring up maxwell as part of the mastermind of this scheme. that's where the defense is going.
saying she is a scapegoat isn't necessarily a defense. saying see is a scapegoat and the prosecution has to prove her role beyond a reasonable doubt, that's the defense in this case. >> benjamin: when we get that verdict you'll come back and discuss it with us more. thank you for joining us today. >> absolutely. thank you. >> julie: the man accused of shooting and killing 24-year-old dylan mcginnis was reportedly out on bail for multiple felonies partially paid for by a nonprofit group. dylan's mother joins us next on her effort to prevent such releases from happening ever again. with the eighth round of iran nuclear talks underway israel is changing its stance a bit on the negotiations. we have more on what is at stake next. >> we will not accept a nuclear armed iran for the united
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met. alex hogan is live in london with more. >> prime minister bennett says he wants a stronger position from other world leaders and also wants a more practical approach when it comes to handling the iran nuclear deal. these discussions with well underway in vienna. they began on monday where the u.s. and iran resumed discussion indirectly. the eighth round of talks to restore the countries nuclear deal. israeli foreign minister urged the nations at the table for real oversight saying israel will not let iran become a nuclear state. we prefer to act through international cooperation, if necessary, we will act alone. we will defend ourselves by ourselves. the warning comes amid current instability in the region. israel launching and air strike early this morning on syria's main commercial port setting off explosions and fire.
israel has recently ramped up attacks in syria against iranian-linked targets. the second israeli attack this month. iran this week conducted military drills sending a very clear message to israel. arm forces simultaneously firing off 16 ballistic missiles with a range of 1200 miles. it puts israeli soil within reach. iran however has said its nuclear positions are harmless and so far the minister there today says that the conversations that it has seen so far pertaining to iran's nuclear positions are headed in the right direction. benjamin. >> benjamin: alex hogan, thank you very much following that from london. thank you. >> julie: arizona mom is on a mission after her son was shot and killed by a repeat offender. the suspect travis lang was
already facing several felony charges, over a dozen but he was released on bond several months before dylan mcginnis was shot thanks to a group that helped post his bail bond. dylan's mom pushing for a law to keep it from happening again. nicki sterling, his mother, joins me now. i am so sorry for your tragic loss. i hope some positive comes of this as you are trying to make a change that could essentially affect the entire nation from having to suffer like you have. tell us about this group that you are fighting against and the bill you are fighting for. >> on october 1st my son was shot and killed by a violent offender that was bailed out of jail. i wasn't aware such an organization existed and so it soon became my mission to do a
little bit of research on this organization to find out how this offender was able to be bailed out and through that research we realized that there is no oversight to the offender being bailed out of jail and no accountability back to the bail-out project. once the defendants are bailed out of jail. we started working with our state legislators to propose a bill in january that will help or delay the bail-out project. what it will do is, it is going to prevent the bail project from bailing out individuals with felony charges and it will also impose a $2,000 bond cap on the bond. >> julie: you say the group the bail project bails out violent
criminals with the intention of protecting low-income families. the bail project did issue a statement to fox after we reached out to them. it reads at the time we interviewed mr. lang his grandmother and fiance secured part of the bail but couldn't afford the rest. we provided assistance so they could bring him home while he waited for the court to decide his case. we denounce violence in all its forms and never our intention to put anyone at harm. let's put it into a timeline for our viewers to understand. this guy's rap sheet dates back to 2018. i counted 20 charges in all. the bail project bailed him out in january. your son was shot in october. 2018 four charges including drug possession, auto theft. resisting law enforcement. 2019 driving suspended and
resisting law enforcement. 2020, five charges. the number goes up every year burglary and criminal mischief. 2021 robbery resulting in serious injury, carrying a handgun without a license and the murder of your son, dylan. bail reform is to blame here. >> i would definitely agree with that, julie. i would say that there is a lack of due diligence on the effort of the bail-out project to do their research. the records of travis lang was easily available online and so while i believe their mission is to support low-income individuals, i feel like what their original mission has started or how it has started began to spiral out of control and they are now not only
bailing out individuals shoplifting to feed their family, they are bailing out very violent offenders and putting them back on the streets. >> julie: somebody who steals a car, resists law enforcement, or is accused of theft and charged with burglary those are serious felonies. $2,000 bail doesn't fit the bill. i honestly hope for the best for you and your family and hope this bill passes for your sake and for so many other family members in this country who have suffered the way you have. nicki sterling, thank you so much for talking to us. good luck. >> thank you. thank you. >> benjamin: inflation is soaring and prices are rising cutting into household spending power. will voters blame democrats in next year's mid-term? post holiday misery for air travelers, the latest delays
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only from discover. >> benjamin: thousands of flight delays and cancellations stranding passengers coast to coast for five days in a row. winter weather and staffing shortages. we're live at philadelphia international airport. >> hello. another day of it. we're now up to 820 more cancellations today alone. take a look at the numbers. that is added to another 1200 plus delays today. another day of frustrating travel. good news you could say from dr. fauci who has clarified what some people thought was
his add vo casey for people traveling on airlines. he said yesterday i didn't say that. >> i didn't say i support mandates on domestic flights. i said that is something that is on the table for consideration. i didn't say i support it or didn't support it. >> the other good news comes from the cdc and all the long lines, delays and the rest, a lot of it driven by the fact that airport workers are testing positive for covid and then had to be in quarantine for 10 days. now the cdc says you only have to quarantine for five days with masks for another five days. and if you are exposed and boosted you don't need to go into quarantine. cdc explaining that. i spoke to the cdc director who said there is a mechanism by which we can keep society functioning while following the science. flight attendants unions
pushing back saying today it got -- it's what corporate america wanted. i'll go along with it anyway. >> julie: with inflation at a 39-year high and ongoing labor shortages and supply chain disruptions, the biden administration's handling of the economy could make or break mid-term elections for democrats. fox business lydia hu is live in d.c. with more. >> the economy is a point of particular vulnerability for democrats and inflation is soaring and president biden's approval ratings are slumping as the build back better plan as an uncertain future. president biden wants to highlight retail sales quoting when i took office our economy was on the brink of collapse. now americans have more money in their pockets than before
the pandemic and retail sales were up 8 1/2% compared to last holiday season. julie, that data comes as inflation is running at a near 40-year high outpacing increases to the average hourly wage. >> 6.8% in november. >> in this video to republican national committee targets president biden and house speaker nancy pelosi for rising gas prices, grocery prices forcing consumers to pay nearly 13% more now than a year ago and 58% more for gasoline. a recent fox business poll shows inflation has caused 2/3 of voters to experience financial hardship and twice as many voters believe biden's policies are hurting rather than helping inflation. now as you know the mid-terms are in november with less than
a year away. democrats hold a narrow majority in both the house and senate. and all seats are up for election in the house. back to you. >> julie: thank you very much. benjamin i'm glad to hear your voice back today. you are getting better by the day. that's very good to hear. >> benjamin: nice to be with you. >> julie: we're both on remote in live news van locations, bear that in mind for the rest of the week. "the faulkner focus" is next. see you back here tomorrow. >> fox news alert. president biden on a working vacation at his beach house in delaware as omicron takes a surge across the country. you are in "the faulkner focus". i'm marcel neville in for harris. president biden acknowledged yesterday his administration's response to the testing shortage has been insufficient. a