people on the other end or in person, they live their lives doing this. >> harris: phone phobia. >> executive decision-making function of your mind and things going on, smoked pot, don't have experiences, the executive function framework. and when i had covid in december 2021, you cannot decide on things. maybe it is a thing. >> bill: folks in my family have no problem ordering. >> between harris and i, our daughter haves no shortage of opinions, no matter where they go. >> harris: it's true, actually. >> must be related to you and me. >> it should be encouraged. this has been great, you guys. merry christmas. i'm going to dig up some christmas music for tomorrow. you with me? "america reports" now. >> i think that there is real

work that has to be done in michigan to tell the story of what the president has done. >> 73 to 77% of the country does not want biden to run again. >> no matter how effective joe biden is behind the scenes, in front of the camera what he's projecting is causing people concern. >> he's going to lose because the people think he's too old. >> mr. president, why are you losing to trump in the polls? >> they are the wrong polls. >> sandra: one month away from the start of the presidential primary season anxiety appears to only be growing within the democrat party over president biden's dwindling chances to earn another four years in the white house. hello, sandra smith in new york. >> john: not sure what the wrong polls are, all the polls are saying that. i'm john roberts in washington, this is "america reports". may not be the most wonderful

time of the year for the biden campaign, poll after poll seem to make it clear americans are concerned over the president's age and unhappy with his handling of the economy and maybe not just voters worried over the direction of the race as the "wall street journal" is reporting, even president obama feels biden could very well lose it all next fall. >> sandra: and that comment likely not received too well over the white house, where we find jacqui heinrich, live on the north lawn. jacqui, hello to you. what's the reaction so far to the latest batch of bad polling for the president? >> jacqui: good afternoon, sandra. another batch of bad polls for president joe biden and the "wall street journal" reports democratic allies are starting to get nervous "those with concerns include former president barack obama, who knows this is going to be a close race, and feels democrats could very well lose the 2024

election." obama worries it's dangerous for democracy. majority of democratic voters, 54% would like to see someone else as their party's nominee as match-ups show biden losing to donald trump and nikki haley, trump by four points, haley by six points and tying ron desantis. according to the "washington post," it's getting to the president's head. biden told a group of close aides the numbers were low, pushing them to know what the campaign is going to do to change it. 11 months out from the election but democratic strategist do think things will change. >> voters are going to go into the booth and make a choice between joe biden and donald trump, after about a billion dollars of advertising reminding them why donald trump was a failed president last time and catastrophic choice for next time. so i don't think the polls reflect what will happen next year.

>> jacqui: biden's campaign is comfortable if they are in a head to head match-up against former president trump and brushed off concerns from third party contenders like rfk, jr., but have not heard about senator joe manchin, considering a run. >> i think basically we have never seen the voters this displeased with the candidates they think they are going to be receiving right now, we have to see how that plays out, and that's a few months, 2, 3 months before you know what we are going to be offered to the american voters as the leader of the country. >> jacqui: biden is staying outwardly optimistic, saying every bad poll we are seeing there is a good poll. >> sandra: jacqui heinrich from the festive white house behind her there. so, john. it's a brand-new week and there's a lot of polling out there. i don't know what's right and wrong. >> john: it's the pretzel logic that the president is engaging in.

there are a lot of polls bad, and a lot good, we are not seeing them. oh, where are they. >> sandra: good to dig into with chris bedford and kevin walling, joining us coming up. >> john: what jacqui was saying about the poll numbers are unacceptably bad, sometimes when you are the president you need to look in the mirror, sometimes things that aides cannot fix. >> sandra: might be hard to do now. >> john: lloyd austin returns to israel for high level talks comes as iran-backed houthis are stepping things up in the red sea, the u.s.s. carney shooting down 14 drones over the weekend. is it time for the u.s. to directly strike iran? we will ask retired u.s. army lieutenant colonel -- sorry, i demotted you there, general, keith kellogg in moments. but first trey yingst in

southern israel. what came out of defense secretary's remarks earlier today? >> trey: yeah, hey, john, good afternoon. right now we are outside israel's country version of the pentagon where earlier today lloyd austin, the secretary of defense, met with his counterpart gallant. you can hear behind me the families of the hostages still held inside gaza are calling for a deal, they are calling for the release, that was part of what the two men spoke about today in tel aviv during very high level meetings. they also discussed the operation inside gaza to go after hamas leadership. gallant, the defense minister in israel talking about this will take time. and austin really trying to be clear that israel remains the best friend of the united states in the middle east but that the united states and the biden administration is encouraging the israelis to take the time they need but protect civilian lives. they also discussed the situation in northern israel

amid new attacks from the lebanese militant group hezbollah, calling on hezbollah not to provoke a broader war. all of this coming as the israelis release new video this weekend showing a tunnel they discovered inside the gaza strip. more evidence how hamas planned the october 7th massacre against the israelis. stretching more than two and a half miles, as deep as 150 feet underground and comes as operations continue not just in the north but also the south of gaza. israelis say they took out a hamas cell in khan younis and took out sniper positions. we expect it could continue for the next several months. lloyd austin meeting with his counterpart. >> john: the latest from a very noisy area. trey, thank you. sandra. >> sandra: thank you very much, john. retired u.s. army lieutenant general keith kellogg, former

national security to vice president pence and fox news contributor. appreciate your expertise as we bring the viewers to the map. we are back on it because we are highlighting our u.s. maritime posture in the middle east. it has significantly changed over the weekend. you now have the u.s.s. carney, ok, the actual ship here, u.s.s. carney moved not gulf of aden, and the carrier strike group, watching closely, has moved into the gulf of aden, and the marine expeditionary unit moved into the red sea located here. what does this tell you about the posture in the middle east and response to continued attacks on military bases there? >> sandra, thanks for having me today. look, this is a very significant issue, it's not just a military issue, it's an economic issue talking about the red sea and the straits, the band of straits there as well.

look, we have now two major companies shipping lines, mediterranean shipping and mersk as well, and they now have to go around cape hope and it adds 7 to 12 days on the journey. right now the commerce through the suez canal and it's what the houthis are doing with the missiles. i don't think this administration will strike iran but step back and think what they are going to do to protect maritime shipping and freedom of navigation. what they can do in yemen, they can actually blockade the ports, especially the port of aden, the largest port they have there, and monitor what's going into there. the missiles used to strike those shipping lines and lanes inside the red sea, those are rather significantly sized missiles. not just brought across the desert on the back of a camel and produced locally as well. so, there is going to have to be a way they have to reduce that,

and we have to have the allies support us as well because it's allied shipping inclusive to what's happening there on the denial of shipping lanes. this is a major issue. lloyd austin was there, secretary of defense was talking about, and putting together a coalition together. my frustration, took over 60 days to do it. what they should have done early on, and branches and sequels, event like this occurs in the meet on the 7th of october, what's going to follow on, what is probably going to happen and then prepare for that. looks like 7 october happened inside israel and gee, what's going to happen next. they should have been thinking ahead of that and this thing with shipping is critical, it does affect shipping lanes and commerce, need to figure it out soon. >> sandra: good points, and fast forward on the screen here so i can highlight what we are talking about, and the companies

suspending operations in the red sea, mersk, cma, cjm, overseas container line and evergreen and b.p. a lot of rerouting of them. as we see the question asked to voters on biden's handling of relations with iran, and whether or not his decisions have made the u.s. safer just 12% say that's the case. less safe, 50%. half say his handling of these relations has made us as a country less safe. no difference, 34%. i want to finish off, general, by going back to the geography, and highlighting what has now been at least 100 attacks on u.s. forces since october 17th in the region. this is an enormous amount. you just mentioned lloyd austin this morning from tel aviv on the houthi attacks. here was his statement.

listen. >> these attacks are reckless, dangerous and violate international law. so we are building an international coalition to address the threat. this is an international problem and deserves an international response. >> sandra: is this enough, general? >> no, it's not, sandra. look, the leader of the free world is the united states of america. they can't just build a coalition and say this is what we are going to do. they've got to respond to it and got to be led by the united states. earlier you mentioned all of the u.s. assets in the region which is, they are enormous and we have a capacity and capability to react. bring the allies along with us. they are going to sit back and watch and say i'm not getting involved, if you are not going to get involved. i think a lack of commitment of this administration. a lot of talk, but a lack of action on actually committing the united states to some type of action in iran or yemen, red sea, around the suez canal, it

sounds good but they are not doing anything at all. >> sandra: always appreciate when you are join us. general keith kellogg, thank you. john. >> john: fox news polling data shows the majority of voters believe the influx of migrants at the southern border is an emergency or a major problem. this comes as arizona's governor deployed the national guard to one border checkpoint that has been overwhelmed by migrants. national border patrol council president brandon judd will join us how one state is trying to help overworked border agents. but first, bill melugin at lukeville, arizona. how many have crossed the border there today, bill. >> bill: we have seen several hundred, in eagle pass, thousands. and start your viewers off today. let's take a live look at our fox news drone in the skies above eagle pass right now where they have been absolutely inundated this morning with a couple thousand illegal crossings at least. this is part of a group of several hundred you are looking

at right now waiting for border patrol processing as the del rio sector, hammered in recent days. sometimes 3,000, and single adults and families, venezuela, honduras, nicaragua, and border patrol dealing with mass illegal crossings there. and then show you what we have been seeing here in lukeville where we are. take a look at this footage here in lukeville yesterday afternoon. we are seeing our own mass illegal crossings. another breach in the border wall and hundred spilled through, predominantly single adults, and coming from africa, including congo, guinea, senegal, others from colombia and ecuador. and the numbers here in the tucson sector, three weeks, apprehended over 54,000 illegal immigrants.

and show you how the cartel is directing all of this. take a look at the video the team shot on the ground in lukeville, looking off into mexico, a hill. the top of the hill, a radio transmission tower. a suspected cartel scout with binoculars surveying the area, looking down at the border wall and trying to find the soft areas where they can move their human cargo into the united states illegally. lastly, take a look at these images. a nearby indian reservation close to lukeville, mass illegal crossings taking place as well. it's rare to get a view there because the media is not allowed in. there's no border wall there, border patrol released these photos of recent crossings there. and the border patrol union tells us they are getting upwards of 1,000 illegal crossings every single morning there with only 3 or 4 border patrol agents on hand to process it. so a very rare look to get that in the indian reservation. back out here live, december traditionally a slow month, but

shooting up like a rocket ship. some of the highest migrant encounters recorded and december numbers are on pace to potentially set a new all-time record, john. back to you. >> john: interesting new angle you brought us there today. bill, thank you. sandra. >> sandra: hurricane level wind gust and heavy rainfall slamming the east coast as millions begin their holiday travel. will it affect your travel plans? we are live at one of america's busiest airports. >> john: president biden reportedly lashing out at his advisers over plummeting poll numbers as questions on his age and agenda weigh on his re-election bid. chris bedford and kevin walling are up next. >> the democrats are in trouble and if they want to win, they better wake up to it and starting with the president of the united states. there's an old saying in the navy that the toughest job in the navy is a navy wife. and if you've made the deployments

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house is heating up but a growing number of voters are telling democrats it's time to find a different nominee. concerns over president biden's age, stamina and handling of the economy are threatening to hand the white house back to the republicans. political panel, chris bedford, executive editor of the common sense society and kevin walling, democratic strategist. talking about this in the break. quote from an obama insider to the "wall street journal". those with concerns about biden include former president barack obama who "knows this is going to be a close race" and "feels democrats could very well lose the 2024 election." according to a person familiar with his thinking. we were talking at the break, you think this is obama sending biden's team a message to get

the fires burning, but it sounds more like a message for biden to reconsider. >> john, listen, the former president is right, it's going to be a close election just like 2020 was, 2016 was, decided in a handful of states and you are seeing former president obama who just recorded a film with president biden talking about healthcare, one of the two key issues an i long with the state of the economy heading into 2024 and i think he's telegraphing we need to step up our game. the biden campaign hiring across the key battleground states. wisconsin, michigan, some announcements from gone down and kick it into high gear. less than a month away from the i iowa caucuses. >> john: and biden is complaining about the poll numbers to his adviser. telegram to joe biden, it's you who is 81 years old, it's you who doesn't instill confidence in a lot of the voters out there, it's not your aides. >> it's not his aides, it's going to fall on joe biden at

the end of the day and he and the former president have not gotten along for years, the former president did not back him really in 2016, slow to back him in 2020, the same now. i think there is some reason for biden to feel put down by his age. picked as a more moderate acceptable candidate to the broader electorate, beat trump while people he ran against in the nomination process were far to his left in the democratic primary. but his staff has gone pretty far to the left on different issues and the staff seems to have an out sized amount of power, possibly due his taking than some other white houses. the numbers, and the immigration is doing poorly for him, his staff has a large part to blame for that, too. >> john: interesting comparison, spells trouble for biden, have biden's policies helped or hurt you personally. helped, 23%. hurt, 53%. have trump's policies helped or hurt you, helped, 49%, hurt 37%. a win to trump there.

>> interestingly we see the dynamic play out with former presidents whose standing goes up after leaving office. we are going to remind folks with billion dollars of ad campaigns about the four years of the trump administration, the fact that he's the only president in recent memory to leave office with less jobs on the books than when he found the -- >> john: there was that little pandemic thing. >> certainly, and talk about his handling of the pandemic as part of the process. you saw his attacks on obamacare still in his speech in new hampshire. as i said, healthcare is going to be number one issue for a lot of americans and he wants to destroy something that is so key to so many people's health. >> john: the problem, flash back to 92, the economy was in bad shape in 1991, george bush, 41, riding high off the back of the gulf war that people said wow, kitchen table is not as full as it used to be, they made up their mind about the economy then and even though it got better in 92, bush still lost.

>> you can tell voters the war is going all right in ukraine, no way to verify that, but voters walk into the grocery store and see the bills, i mean the panic and worry that people are having who are hosting this christmas, how expensive meat has gotten, all the different things, you can't message your way out of that and cannot, at least have not figured out a way of the questions of age and feebleness, and that's tough on biden. >> john: 30 seconds each here. trump surging, now at 69% nationally, compared to 62% a month ago, and then take a look at this. the iowa gop preference poll conducted by cbs news, trump at 58%, desantis at 22, haley at 13. you can look at that and see you could be forgiven for saying oh, this is over. >> donald trump is kind of running as a de facto republican, and smart to skip the debates and not engage with the other folks in the primary and we'll see it play out in

less than a month. >> john: if he creams the crop, so to speak, in iowa, is it over? >> i think it's basically already over. >> haley is kind of in striking distance in new hampshire. >> the problem haley has, even as other candidates drop out she's not gaining the more than 12, 13, 14%. a group of republican primary voted want a 2005 level candidate or what the donors want. i think if trump was hit by a bus haley would not be able to pull it off against desantis. and i get the feeling on the ground and what the candidates are about, this year it's not worth the trip, trump is the nominee. >> plus, it's cold, too. chris christie needs to drop out. >> pass along your advice. i'm sure he'll be eager to take

it. >> sandra: stunning now poll reveals how little gen z knows about the middle east conflict and the world at large. mark penn argues our youth are misguided, not event. >> john: l.a. county george gascon under fire for the new chief of staff pick for calling the lapd barbarians. leo terrell is ready to sound off. he's up next. >> she's going to cause a lot of destruction, hard to believe any more than george gascon has done.

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responsibility to protect palestinian civilians as well, and stop using them as human shields against israeli attacks. so we'll continue to follow that for you. we'll bring you any news that comes out of it. right now, this. >> it's just pushing my child down the street morning walk. business as usual. and just swerved right into us. >> sandra: we remember that. folks in l.a. county already frustrated with d.a. george gascon may not like his new hire. promoting a former public offender to his chief of staff who has called the lapd barbarians, and used the defund

the police # during the george floyd protests. leo, great to have you here today. tell us about tiffany black whose now rule will begin january 16th. >> leo: thank you very much for having me on this subject, sandra. i live in los angeles county, i'm going to be suffering as a result of her hire. she's hired as chief of staff. appointed to be the central figure in gascon's office. her history, sandra. the woman has called police officers barbarians. she is a cop hater. she admitted that she was a looter during the riots of 1992. she is no friend to law enforcement. she believes in defunding the police. she's everything that is wrong with los angeles and basically the appointment by gascon is a slap in the face to l.a. citizens and to law enforcement.

one final point, if you are an law enforcement officer in l.a. county you know you are not going to get support from her. she does not like law enforcement. does not believe in prisons, wants to destroy the criminal justice system and in position of power to do so. >> sandra: there are some controversial tweets emerging now and highlighted by those who are disturbed by her new position. on x, she said prison is obsolete, and called on americans to reimagine america without it, prison is obsolete, angel davis said it, prisons disappear problems, they don't solve them. warehousing our people for a generation, it is time to free america, said black now. she also has posted a picture of herself wearing a shirt which read the police are trained to kill us. leo, she's faced heavy criticism, this was back in 2020 after allegedly going behind the

backs of a prosecutor and the victim's family in a gang murder case to offer a sweetheart plea deal. here is the orange county d.a. todd spitzer on her past as a public defender. >> she was a public defender. public defenders don't defend the public like i do. my job is public safety. her job was to free those who were accused of crime and she's literally doing that from inside the district attorney's office. >> sandra: i mean, there's others who see the writing on the wall. is this really going to happen? are people going to speak up and speak out about this knowing her past? >> leo: yeah, sandra, but it will fall on dead ears. we have not hit rock bottom yet in los angeles county. gascon is up for re-election. this woman is basically telling every criminal you are not going to serve a day in jail because i

do not believe in prison. sandra, every civilized society has law enforcement and she wants to basically destroy the criminal justice system. this is a dangerous hire. she has made it clear that she is not -- she does not believe in prosecution, she believes -- she's a pro, basically a pro criminal believer, and she basically has taken the position that she will not support law enforcement. it is -- there is no deterrent right now in her -- because of her position in the county of l.a., if there is a crime because they know she's going to nix it, sandra. >> sandra: she bragged about being a looter in 1992 amid the protests then and told those worried about the violent looting cry me a river. so as far as coming forward and speaking up and out to her, it appears that won't work. she says please don't come on my page complaining about protestors or looters, don't

text me, believe about the whole foods in west hollywood and your beloved santa monica. what's it going to take, you say we have not hit rock bottom. final thought. >> leo: final thought, it's a holiday for criminals. her being a former looter, shoplifters are happy, she is in a power position and until l.a. and california and the progressive d.a.s are removed, we are going to have a continuation of this lawless cities and democratic county and states. of>> sandra: referenced her time as a looter in 1992, she was scared, no way to process her emotions about what was happening so she went out and "watched our city burn." leo terrell, thank you very much for joining us. see how it all plays out. thank you, sir. >> leo: thank you, sandra. thank you. >> john: could democratic

congressman eric swalwell be in legal trouble for helping hunter biden dodge his house subpoena? jonathan turley thinks so. we'll ask him why he says he was an active participant in hunter's move. plus this. >> lousy, windy, rainy, could not use the umbrella the first half the journey. >> sandra: a monster storm hitting the northeast with high winds and rain knocking out power to thousands as millions remain under a flood watch. how this will all impact your holiday travel rush, next. with 30 grams of protein. those who tried me felt more energy in just two weeks. -ahh, -here, i'll take that. woo hoo! ensure max protein 30 grams protein, one gram sugar, 25 vitamins and minerals, and nutrients for immune health. (♪) we come from people we can be proud of. seeing all the places i come from, i know. if it's a serrano, it's something to be proud of.

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which if left untreated can lead to permanent joint damage? cosentyx works on all of this and helps stop further joint damage. talk to your doctor. find something that works for you. serious allergic reactions. severe skin reactions that look like eczema and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen. cosentyx. still workin' for me. ♪see me♪ find relief that can last. ask your dermatologist about cosentyx. >> john: powerful storm system barrelling up the east coast, flash flooding threatening

holiday travel plans for millions of americans. bryan llenas is live, wind gusts up to 90 miles an hour in the northeast. how is it where you are? >> bryan: yeah, john, earlier this morning wind gusts about 54 miles an hour here at laguardia airport. some 160 flights canceled, to and from lga, about 15% of the flights. here at terminal a, which primarily serves spirit airlines and frontier, remarkably we have seen no cancellations but have seen some delays. now, we spoke to some passengers earlier, including one who landed this morning here at lga on a flight from ordinary that flew through the storm and she said the scariest of her life. >> just lots of turbulence, it took us forever to land, we had to circle around to come back. >> bryan: one of the worst experiences in the air? >> definitely the worst. >> flights were fine, no delays, traffic was not as terrible as i

thought it was going to be. >> bryan: it's really bad in boston. most, they have had more than 200 flight cancellations at boston's logan airport. this flight aware misery map shows boston is the most miserable airport to travel through today, there was a ground stop this morning due to high winds. that has now ended, but there is an average of around a two-hour ground delay with a third of the flights in boston experiencing delays right now. some news for the southwest airlines passengers travelling this holiday season, $140 million penalty from the department of transportation for ruining the holidays last season, more than 2 million passengers with flight cancellations. includes a $35 million fine, the rest of the money is going back to passengers. listen. >> if there's a major delay or cancellation that's controllable by the airline, not only do they have to do all the things we already enforce, like pick up the cost of your meals and hotel or rebooking, that kind of

thing, but also provide a $75 credit up to $90 million over the next three years. >> bryan: john, the tsa is expecting the busiest holiday season ever between december 23rd and january 1st. 7.5 million air travelers. arrive at least two hours early for domestic flights and try to be a pleasant person. that's the best advice. john. >> john: might be the hardest trick of all. bryan, thank you. sandra. >> sandra: thank you. pope francis and a big change to vatican policy. what he is now allowing priests to do. >> john: plus, a gay sex video filmed in a well-known hearing room on capitol hill, and now a staffer for a top senate democrat is out of a job. and liberal news outlets are coming under fire. byron york will be here why and wait until you hear who they are

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goli, taste your goals. >> john: nbc news has come under fire on social media over a headline that seems to fault conservative media outlets for reporting that a democrat senate

staffer filmed a gay sex video in a capitol hill hearing room. byron york is the chief political correspondent for the washington examiner, fox news contributor and nobody better to tackle this than you, my friend. >> why? >> john: because kevin walling did not want to do it. the nbc news headline, senate staffer alleged by conservative outlets to have had sex in a hearing room is no longer employed. conservative news outlets allege the video showed men having sex in a senate hearing room. compare that to hour wjz in baltimore reported, an aide to a prominent senator left his job after allegations of personal sexual conduct. >> republican pounce and conservative pounce strategy applied to a factual story.

i mean, this happened, this person did it, he posted it on the internet, it was discovered and senator cardin's office announced he had left the building. so, it's really kind of a cut and dried factual situation. >> john: but the knee jerk reaction, oh, blame conservatives for it. >> blame conservatives. look, this was pretty embarrassing, obviously. what happens is this aide and a companion go to hart 216, it's a big hearing room. >> john: 911 commission, supreme court nominees. >> all the really famous things the president does, like the senate does, like confirming supreme court nominees, they do it in hart 216, a famous place. they have a sexual act, which they record on video and then post it on the internet and amazingly enough, it's found out. so this is clearly -- i don't know if it's against the law,

it's clearly against senate rules and the staffer didn't -- and the staffer did not stay in his job very long. >> john: what said about it, nbc framing of this is outrageous, it belongs in the media bias hall of fame. democratic senator staffer had sex in a committee room and got fired when it was public. nbc casts conservatives as the bad guys. >> i think that's a pretty accurate statement of the situation. once the news came out, everybody knew it, and the senator took action, firing the staffer, not because conservative outlets had reported anything, but because the staffer had done this. >> john: you mention possible charges. jonathan turley, we'll be talking to later on on a different subject but maybe this, too, the capitol police could argue it's purloining or

using government property for personal services. the video tape was made with the apparent attempt to show others. sex in congressional offices by members and staff have long been known to occur on capitol hill, yet this was a public hearing room, albeit closed at the time, and a tape made for what appears to be public viewing. i think there's more on this story to come out that may go beyond just this couple. but -- apparently capitol police may know who all the folks are, too. but, there's a difference between knowing who they are and actually filing charges. >> at the very least it shows enormous disrespect for congress and the capitol. i mean, we have seen all sorts of things happen on the capitol. >> john: look at public approval. >> on january 6th people were outraged about was the incredible disrespect shown to the capitol itself, shown by a lot of people putting feet up on nancy pelosi's desk or something, i think this kind of is in that category, something

that shows enormous disrespect. >> john: not sure which is worse, this or the feet on the desk. we'll keep following it to see if the capitol police do respond. byron, thank you for tackling this topic. we appreciate it. sandra. >> sandra: ok, thank you. iranian-backed rebel attacks in the red sea causing major shipping disruptions. and with it, concerns it could cause you more pain at the pump? our panel will dig in. >> john: plus, legal fight over pronouns in high school. one teacher is about to get his day in court after a five-year battle.

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peter says he could not refer to a transitioning student born female to masculine pronouns, he used the male name in class but was pressured to do more. his lawsuit says it violated his right to free speech and religious freedom. he would be lying if he used the students chosen pronouns, each person's sex is biologically fixed and cannot be changed. virginia supreme court released a lower court decision that threw out the million dollars lawsuit against the school board. says the teacher has a right that exercise of religion were violated, his attorneys are grateful he will have his day in court. >> we are thinking it's the start of a change on the issue and more courts hear the issues and consider the cases, we are very hopeful and optimistic that more courts will say no, no one can be forced to express the government's viewpoint on a

controversial issue as the price for keeping their job. >> national center for transgender equality tells fox acceptance and support can literally save a young person's life. all young people deserve to feel like they belong and our schools should be safe places for all students to thrive. peter flaming says he is black balled and unable to find another teaching job. >> sandra: mike, thank you. we'll watch to see what happens. >> john: right now, the biden administration is reportedly weighing whether it will strike back against iranian-backed houthis after attacks over the world. >> sandra: the world's largest shipping companies are diverting ships from the transit route. lloyd austin commenting on the ongoing threat earlier. >> these attacks are reckless, dangerous and violate international law.