me, most of the places i hang out only take cash if you pick up what i'm putting down at the dog track. the point is, this stuff is awful and the people behind it to your point okay could probably be making like year round money. how good does scamming gift cards pay? apparently well enough. now we know why the bidens insisted in getting paid in cash. >> do the cards work at the dog track or horse track? >> it's tough luck. you don't know in this day and age. >> i have a lot of gift cards that are expired, i lost them. the whole gift card thing is a mess >> todd: a fox news alert. former president trump has been removed from the gop primary

ballot in colorado. the state supreme court there ruling donald trump violated the 14th amendment by engaging in insurrection, disqualifying himself. you're watching "fox and friends first," i'm todd piro. >> carley: i'm carley shimkus. the decision will go to the supreme court as soon as possible. similar lawsuits are pending in a dozen states. griff jenkins is live in washington, d.c. with all the details this morning. >> griff: good morning, todd and carley. it is a stunning decision, a 4-3 decision, it is first time section three of the 14th amendment has been used to keep a presidential candidate off the presidential primary ballot. colorado supreme court finding trump engaged in insurrection on january 6 and is barred from

holding office again. the court writes, we are questioning before us, we are mindful of our duty to apply the law without fear or favor and without being swayed by public reaction. the decision marks reversal from district judge's ruling last month that this provision does not disqualify trump from the ballot. this is headed to the highest court in the land. trump's almost team writing, the colorado supreme court issued a flawed decision tonight and we will swiftly file an appeal to united states supreme court in request for stay of this deeply undemocratic decision. legal scholar jonathan turley had this reaction. >> jonathan: i think the supreme court will make fast work of this theory, i hope it does. this court did great damage to its own integrity with this

opinion. >> griff: candidates are sounding off on social media. from desantis, justify use of power, even if it means abusing judicial power to remove a candidate scotus should reverse. now vivek ramaswamy going further saying, i pledge to withdraw from the colorado gop primary ballot until trump is allowed to be on the ballot and i demand ron desantis, chris christie, nikki haley do the same immediately. what is the timeline here? it will move fast. this must be settled by january 5, that is deadline for the state to print presidential ballots. >> todd: expect to hear the phrase rocket docket over next few weeks. let us bring in an attorney. any chance the supreme court

upholds this decision, especially in light of their inclination to defer to will of the voter and the precedent that upholding this decision would mean for all 50 states. you could have a bunch of people randomly bringing suit, even in a state like alabama or texas. >> i'm not a betting woman, that is what the problem is here. it sets a bad precedent. this is like a blueprint for other states, this has not happened in other states, they could file and try to get him removed from the ballot. the supreme court does need to weigh in. certain states are saying it is not a valid challenge, mostly on procedural grounds. and the colorado supreme court is ordering in the most broad terms granting all relief to the

electors here and we'll have to see what the supreme court says about it. >> carley: two basic questions involving this case, did trump engage in insurrection and the other is does section three of the 14th amendment, this case is based upon, does that apply to the presidency. what do you think about those two things? >> that is the dispute. the lower court said we believe he did commit insurrection. this election code wasn't meant to address a complex legal question. our election law will address if somebody has enough signatures or how old they were. this is a truncated timeframe. they took evidence and determined he committed insurrection and that is how they came to this decision. the lower court said the 14th amendment does not apply to

presidency. supreme court of colorado says, wait, yes it does apply to the presidency. supreme court will have to rule to come to a conclusion on this, this is a slippery slope, especially for swing states on both sides. what insurrection is not well defined. >> todd: was donald trump convicted of insurrection in colorado? i did not hear that, did you? >> i did not, he has not been convicted. >> todd: no due process and i think that is one of donald trump's two main arguments. he hasn't been convicted of anything, so no due process in regard to that point and second, colorado courts have authority to decide matters of federal election? i think both of these are his main arguments, what say you? >> that is right and that is what other states have said,

there is precedence that other states have said this is not something we're able to agree on, we're not going there. the plaintiffs in those cases couldn't win. colorado has gone on a very different path here. >> carley: just to back up a bit, putting myself in viewer shoes, just waking up, pouring coffee and getting ready for work and talking about section three of the 14th amendment. can you explain what that is? >> section three of the 14th amendment was added after the civil war, meant to prevent people working in the confederacy from holding office. main dispute here colorado supreme court overturned district court on whether that applies to office of the presidency. district court said it does not

apply. one reason it doesn't specifically say that in the constitution. and the colorado supreme court says basically look through the constitution and came up with a way to basically justify the fact it does indeed apply, that section does apply to the united states presidency and that is why we're here now. that is one of the main question the supreme court would have to determine. >> carley: it is a complex case likely heading to the supreme court soon. aulsz political implication of eric trump tweeting this colorado decision will add 5 percentage points to donald trump's run-away polls, so we'll be watching on that front. >> todd: my prediction on the 14th amendment thing, the supreme court will punt, if they do answer that question, that has major implication not just for these cases, a lot of other cases involving donald trump.

maybe i'm wrong on this, i wouldn't be surprised if they avoid it on due process. >> carley: we'll hit the ground running in 2024. >> todd: we are. did you see this? [video playing] [chanting] >> todd: dozens of anti-israel activists arrested for protesting inside the capitol rotunda. >> carley: and students granted early acceptance to harvard university turning it down over the college's stance on antisemitism. an admissions consultant is here to tell us just how bad it is.

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>> todd: early harvard applicants who received acceptance letters are now changing their mind and refusing to attend the school because of antisemitism on campus. harvard reporting 17% drop in early admission applications from last year. founder of command education joins me now. did you ever think you would see the day when harvard, harvard would go from where it has been for hundreds of years, everybody's dream school, to where it has gone in three months, which is people scared to go there. >> thank you for having me. i think this is a complete shock. i've had virtually every student i worked with who got into harvard early pretty much stopped. this is first time and

application season i saw a student get into harvard early, that i have worked with for 3-1/2, four years now, starting in ninth grade and seeing them say, i want to apply to other schools, what if i graduate and this stigma and rep tagsz at harvard stays the same. that is their concern, they wonder if they should apply with george washington university, vanderbilt. normally my student will get into a top-tier school and we are done, congratulations, you finished the process. now the student is saying, let me think of other options. >> todd: families are concerned their kids will be hit with a s scarlet letter h. what is their concern? >> their biggest concern is

reputation, a lot of students want to get into the school because of prestige, pedigree and great education. you can get a great education not only from harvard, penn or columbia, but from other schools like duke and vandavanderbilt. duke admissions is up. that represents 28% increase this year over last year for the early round, which is significant and that shows demand. >> todd: duke, vandy, what other schools are benefiting? >> university of miami, ut austin, emory, usc, students are applying to these schools.

>> todd: can harvard dig out of this hole? scombl >> i think so, leadership will have to change. i have students preparing for this process, it is not like 20 or 30 years ago where if you have test scores, you would get in. now grades and test scores are foundation. when i work with students, three, four, five years before they apply, we are strategizing everything and i think by then, if and when leadership of universities changes, i think it is going to be a long time, they will be able to build back their reputation. >> todd: to your point, i couldn't get into dartmouth if i applied today. do i want my kids going if this is the environment they are going to be in? we'll see if they resurrect

this. fascinating discussion, we appreciate it. thank you, sir. i should have played football, i could have been giants quarterback there. >> carley: you have a high opinion of yourself. >> todd: you should see moo me throw a ball. you should see tommy devito throwing a ball and holding a baby. a lot of drama led up to this story. >> carley: his appearance was originally cancelled. you can't cancel tommy devito. ♪ ♪ 3 out of 4 people achieved 90% clearer skin at 4 months. and skyrizi is just 4 doses a year after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms,

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across the west coast, next big winter weather system, moving across the country, heavy rain across northern california. it is southern california where you will see moisture over the next day or so, with that flood alerts from los angeles to san diego county. that moisture is lifting in the middle of the country. christmas eve to christmas day, big low pressure system. midwest looking at rain, there is snow behind this, who will get a white christmas? rockies stretching to the northern plains. this is best chance for folks seeing a white christmas. those are weather headlines, carley, to you. >> carley: lucky people, who doesn't love a white christmas. disturbing story here, five florida teens charged with felony battery after disturbing video shows them assaulting a

high school student, slamming his head into concrete and knocking him out cold. he had a fractured skull as a result. this is a month after four las vegas teens charged with second-degree murder for beating 17-year-old jonathan lewis to death. a psychotherapist joins me now. good morning, we are seeing an uptick in violent assaults in and around schools, why is this happening? >> i'm concerned about this, i've been working with teenagers for 25 or 30 years, i think it has a lot to do with social media. everything is captured on camera, everybody's pocket and the way our brains work, we become desensitized and it becomes normalized. we see fights break out, defiant behavior at home and these

disgraceful stories. we have to do something. >> carley: you have to do something about it, social media is not going anywhere, how do we mitigate this. they talk about this exact thing and they say it is called time for broken window policy for schools. it goes on to say in the 1990s we learned the benefit of broken windows and the scuff laws would know the authorities were serious about law enforcement and think twice about escalating to high level offenses. it is time to do the same in schools. what do you think? >> i agree. in our society, there is little accountability. people get away with crimes. if your person has violent aggression, you think, why wouldn't i do something like assault somebody, i won't be held accountable.

it has to start in the home. children are raised with caring, loving parents, they are not likely to jump somebody, beat them to a pulp and kill them. >> carley: school is one element, but parenting is important. >> the foundation. >> carley: absolutely. interesting statistic by national center of statistic pulse panel and it talks about a link between covid-19 school closures and violent fights. they say fights have risen 32% since covid lockdown and between teachers or staff, 11%. do you think there is a link between covid and this rise in schools? >> i do. i have a whole section on this and statistics are staggering and it is consistent with covid-19 lockdown. take kids, their bedroom is their classroom and their social

playground and so forth. human beings when they are in solitary confinement environment, kind of lose their minds and now kids not socializing and not developing empathy as a result of that and just being bombarded with bad, violent content on their screens, that will leave an impression on their mind and determine what their actions are going to be. >> carley: what is appropriate time for a child to get a cell phone or be on instagram or social media. >> late adolescence is appropriate time. >> 13? >> i'm thinking 16 or 17. average age and 10 and a half. >> carley: there are parents who their kids say, i'm 15 years old, all my friends have a cell phone, why can't i have one and there is a huge fight in the house. there is a link between what

everybody is seeing on social media, kids are impressionable, you can't monitor everything they see, they see violent videos and fights breaking out. something has to change and you are speaking out about it. we appreciate it. todd, to you. >> todd: two cans and a string, they can communicate with each other. joe biden's age is not just a problem for voters, it is causing a rift among his own team, with his wife trying to get him to take it easy. we are talking to a panel of young voters about it next. ♪ ♪

>> todd: new axios report claims joe biden is on edge about his age and his reluctance to acknowledge it is causing tension on his team. senior aides and first lady jill biden push him to rest more and be vigilant about his health going into 2024. joining us is our young panel. all gen-z republican voters who join me now. biden may feel he is younger than he is, but does anything in

his public facing persona reflect that? >> i don't mean to rag on the president of the united states, honestly, he is acting like a retiree. over 40% of joe biden's presidency has been spent on vacation. a lot of americans don't want a president who seems retired after 2024. >> todd: get into the numbers, monmouth poll, 76% think joe biden is too old to effectively serve another term. when it comes to young people, in "new york times" poll released tuesday, 49% of voters, age 18 to 29, support trump versus joe biden's 43%. how worried are young people like you as to what a second term of joe biden would mean for our standing on the world? >> yeah, first of all, thank you for having me on this morning.

i believe that age has definitely been a problem for biden his whole presidency. i think he is lacking cognitive ability to lead the country. we have seen a decline in his ability to lead america. in order to lead america, you must make hard and complex decisions in the blink of an eye. >> todd: my dad is 81, my mom pushes him to rest and eat better. my dad is not the leader of the free world. are stories like this leaked to axios and various publications by the west wing in attempt to get joe biden to bow out gracefully? >> maybe we could see that happening, maybe see biden saying he is having health issues and he's going to let gavin newsom come on. this weekend at bernie's since

biden became president. the first lady is the real commander-in-chief, we did not elect jill biden to be commander-in-chief, we have to fix something and see what is going on there. we might see gavin newsom come in from the wings soon. >> todd: healthy, robust, heir of strength about him. jump on something you said, 40% vacation, that is interesting in light of this article. it says his staff wants to manage his schedule more. i read that as kind of toning down his schedule more. how can you tone down his schedule when he is on vacation 40% of the time and his daily schedule basically contains nothing. >> i don't understand. what i do know, you, me, if we worked and had a job, no way we could stay hired if we spent 40%

of time on vacation. to think they want to lessen his load is concerning, more concerning instead of white house being selfless or joe biden being selfless, he wants to run for another four years. >> todd: do you wonder who is in charge? let's be honest, it seems the 81 year old you are seeing has significant physical li limitations. his wife and his team knows it. who is pulling the strings? >> who is trying to pass this off as believable, i hope gen-z doesn't fall for this. they tried to pass out free loan

forgiveness. >> todd: is joe biden nominee for democrats in 2024? >> i actually do not think so, good chance gavin newsom will be in, especially with polls coming out recently, they will try to push him out. >> todd: when you talk to people your age, democrats your age, what do they tell you about joe biden? >> let me tell you this, 321 days out from one of the most important elections in history. this will decide the future, i will vote for the first time. candidates pick up their schedule and do a heavier load. we will see repeat of 2020, campaign for joe biden. our generation want to see candidates speaking on the front line and joe biden will go to the basement of the white house. >> todd: good to hear the youth speak about important topics,

thanks so much. merry christmas. >> todd: tommy cutlets making peace with a pizza place over a fee over an appearance. he was supposed to go to the restaurant on tuesday, but t the -- justified price hike after the men in blue beat the green bay packers. that optimism has gone out the window. they were able to cut through the dough and devito holding the owner's daughter. the agent nowhere to be seen. devito will return to the pizza place in january. >> carley: on this day in history in 1957, rock and roll

star elvis presley got a christmas card from uncle sam and drafted to the united states army. he signed up for the draft just after his 18th birthday. jailhouse rock was the number one song in america on the day he began. he was offered a special position where he performed for other troops, but he declined. >> i was in tanks for a long time and they rock and roll quite a bit. then i was in a jeep and my job was a scout. we ran all over germany. >> carley: presley spent two years in the cold war. he said serving in the army was a duty he had to fill. cool to hear elvis presley talk. >> todd: that was a different time, elvis presley and baseball stars and other stars in pop

culture going into the service. i don't think you would see this in this day and age. >> carley: history there, todd. another historic day at southern border in a bad way. 12,000 migrant encountered by cbp agents, highest single-day tally on record. >> todd: this is getting worse, it doesn't end there. we are crunching the numbers. you might not believe it. . you can age on your own terms. retinol overnight means... the smoothing benefits of retinol. are now for your whole body. plus, fast-working crepe corrector diminishes wrinkled skin in just two days. gold bond. champion your skin. ♪ limu emu & doug ♪ [bell ringing] and doug says, “you can customize and save hundreds on car insurance with liberty mutual.” he hits his mark —center stage— and is crushed by a baby grand piano. are you replacing me? with this guy? customize and save with liberty bibberty.

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♪ ♪ >> trey: the biden administration hopeful that a new lower intensity phase could allow supplies to enter the gaza strip. in newly obtained video, you can see palestinians surrounding an aid truck in central gaza, the scene illustrates how it has become.

majority of gazans do not have enough food. there are questions about who will control government life in gaza once hamas is taken out. a 20-page plan was created and points to palestinians controlling the enclave. israel plans to continue to strike gaza. 300 targets were hit and that position was used to fire on tel aviv yesterday in southern community of be'er, returning to see 75 days after that attack took place. >> carley: 75 days, hard to believe. >> todd: police arresting dozens of protesters inside the capitol rotunda yesterday. 60 protesters taken into custody for staging the illegal rally.

[screaming] [chanting] >> todd: capitol police say they knew about the planned protest ahead of time. it is against the law to protest inside the building. protesters face charges for crowding and obstructing. massive group of migrants lining up at the southern border near arizona this morning, just two days after 12,000 migrants were encountered by cbp in texas on monday. 4000 of them still being processed and transported and 5000 are in custody. facilities are over capacity. backlog for immigration hearings topped 30 million in november.

one organization predicting each immigration judge will have to hear 4000 cases to catch up. >> carley: getting court dates like six years from now. an suv performing a dangerous stunt and flips overand crushes five people hanging out the window. witnesses rushed to flip the car over. the 19-year-old driver was arrested, she is out on bond. no word on the condition of the victims. democrats in media love to claim democracy is at stake thchl is how they respond to news the colorado supreme court is banning former president trump from appearing on the 2024 ballot. >> this is not a crazy thing for a democracy to do. this is something that was hallmark of post-war germany, it

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>> steve: good morning, everybody. coming up in 8 minutes and 42 seconds on "fox & friends." targeting the frontrunner. the colorado supreme court has kicked donald trump off the state's primary ballot citing insurrection. even though he has never been charged. the supreme court justices said he was involved in it. we got former trump attorney tim particle tore on tom emmert join us on the fallout straight ahead. chaos we learn the prison bureau is helping to transport migrants. we have a live report from the area coming up kamala harris' latest word salad and latest

flip flop as well. we have all these folks. kurt the cyberguy, higgs, dain. and we have a busy three hours that starts then. all right, todd, over to you. >> looking for it, steve, thank you. democrats and the media love to claim our democracy is at stake in the 2024 election. but they had a very different reaction last night when the colorado supreme court ruled to restrict former president donald trump from the primary ballot. >> this is not a crazy thing for democracy to do. this is -- this is -- this is something that was a hallmark of post war germany. it's not unheard of. >> it's very much like the reasoning of the conservative legal community. >> and, yes, the courts have the authority to enforce the 14th amendment. >> >> there's no getting out of this for the supreme court. even failing to act or acting slowly will be acting. >> the conservatives on the supreme court, who usually go on and on and on about states'

rights are hypocrites and they are comfortable being hit credits and they will overturn colorado's own state court process but they shouldn't. >> oh, man, the wrongness in everything that was just said is palpable. fox news contributor and columnist for the messenger joe concha joins me now. joe, start at the big issue here. where is the concern for democracy today, especially when four random democrats in colorado are trying to take away the right to vote for the candidate of their choosing not just in colorado maybe in all 50 states. >> all states is the goals i think todd. if you want the most cap tastic definition of election interference as a true threat to democracy, look no further than what just happened in colorado yesterday keeping the odds on favorite to win back the presidency of donald trump off the ballot and we witnessed last

night juan line and cable news networks you just played some sort of victory for democracy. let's get this straight. you have a situation in a state where donald trump will not be allowed on the ballot for, what? inciting insurrection even though he has never been charged with doing so. make no mistake, todd, this will have a boomerang effect that will only help improve donald trump's chances at winning next november because anybody sober and sane and objective sees this for what it is, the weaponization of the justice department gas station suturey when it comes to his handling of the economy and crime and education and the border, which is at completely out of control as you have been talking about all morning. obviously the world seems like

it's on fire because it pretty much is on fire. so how do you save joe biden? keep the guy running against him who is polling much h higher thn is he from being on a ballot like colorado. whole bowl of wrong. >> can don trump says i think this will boost my dad five more points. a hallmark of post war germany, bombed out shell where basically anything went, it wasn't the number one nation in the world. so, interesting comparison there from rachel maddow. and ellie miss tell, for what actually is the exact opposite of what the law is. they say the supreme court, he says the supreme court will try to overturn colorado's own state court processes. i'm sorry that's what the supreme court does. that's by we have a supreme court when a state court

oversteps its bounds not to be outdone, joe. vice president kamala harris had to weigh in with her take. get red yrkts get your dressing. here's another salad. >> you know, every election cycle we talk about this is the most election of our lifetime. lawrence, this one is. this one is we are literally talking about people who are atotalling to divide our country in the most crude, frankly, and profound way. >> todd: joe, two parter here in is the most election of our lifetime and as she seen the division her own party has sown o'er the past three years. >> pain in lawrence o'donnell's face listening face when somebody else is talking, yeah that, was painful to watch. and it's amazing. suddenly kamala harris almost never does any interviews pops up on cable news last night on the friendliest place she possibly could on msnbc.

there is not really much to adhere. this is what the democrats will be running on at this point that donald trump is such a threat to democracy that people shouldn't even be given the opportunity to vote whether he should be president again or not. he should simply be pulled off the ballot. they are saving us from him is what they say in terms of their performance on every major issue facing this country, they feel that the only way they can win is by making it a choice between democracy or not, when they're literally engaging in anti-democracy and keeping people from deciding for themselves whether they think donald trump should be the next president of the united states. and again, i think eric trump is right. donald trump's numbers will only go up at this point. the supreme court will overturn this he will be back on that ballot not that colorado is a winnable state for republicans at this point, but it's the symbolism of it all. that's where we are after the at this point, todd.

>> todd: are spotted getting off with president biden. he was not on the passenger list. here's what the white house said when they were asked about it. >> will the white house announce hunter biden's presence on marine one moving forward. >> it was not something that we have done or we would be doing moving forward. >> the reason i ask is just the legal trouble he is facing, leaving him off the list would appear to some would sound like an effort to conceal him. why does the president think it's appropriate that taxpayer dollars should be used to fly him around? >> so i would refer you to hunter's personal representative. >> white house then telling fox digital, quote: they won't release access to records that don't involve official or political business. so the really doubling down on this quote, unquote. they are just talking about the weather thing, right? >> it's it's just remarkable, todd, it's amazing that this white house isn't the most transparent in the u.s. history as it promised to be. >> actually that's not amazing or surprising. when karine jean-pierre is asked

yesterday why doesn't the president think it's appropriate taxpayer dollars should be used to fly hunter around as jacqui heinrich asked she responded also that the president loves his son. his son in his 50's and still needs to be led around like a child and we are supposed to pay about it. what can you say about it, todd, this is where we are at. the white house simply forgot to add his name on board marine 1 with the president. it's utter nonsense. what can you say? i mean, this is why this presidency, this administration is polling so low. they are simply not trusted anymore on the most basic things and they think they can get away with it thank god there is jacqui heinrich ask the questions deserve to be asked. >> todd: underscores kamala's comments this is the most election of her lifetime. joe, thank you. we appreciate it. "fox & friends" right no