as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death. learn more at getrealaboutdiabetes.com alicia: a live look from our fox flight team in alleging -- eagle

pass, texas, new december records as house speaker mike johnson says the crisis at the border is an unmitigated disaster. welcome to "fox news live," i'm alicia acuna. hi, griff. griff: hour two, here we go. the house homeland security committee is set to hold its first impeachment hearing against dhs secretary alejandro mayorkas next week. casey stegall is live in eagle pass, texas, where mayorkas will be traveling, i believe, on monday. casey, what's the latest? >> reporter: yeah, griff, he will. we'll get to that in a second, but first, illegal crossings have slowed dramatically at least in this spot. it has been a relatively quiet morning here in eagle pass. with yesterday it was a little busier. we saw a group of about 200 migrants cross the rio grande river and turn themselves over to border patrol agents. you're looking at drone video of that now. as the state of texas continues to assist doing what it can

through operation lone star to mitigate the problems. that has led to a busy week in terms of legal maneuvering. the department of justice filed a lawsuit against the state of texas and governor greg abbott trying to stop a newly-signed state law known as senate bill 4 from taking effect in march. it would, in part, give police the authority to arrest those suspected of being in the country illegally and also allow state judges to deport people. the doj suit calls that unconstitutional saying s.b. 4 would infringe upon and counteract federal efforts to enforce immigration laws. governor abbott has vowed to fight saying it's necessary to protect texans from what he calls biden's dangerous open border policies which many argue has led to a record number of migrant encounters that we've been reporting on for years now at the southern border. just last month more than 302,000 encounters were logged for the first time in history over just a 4-week period.

while this past week new york city mayor eric adams filed a different lawsuit against more than a dozen charter bus companies, 17, in fact, for transporting migrants from texas to places like the big apple, arguing it violates new york law, transferring needy persons across state lines. more than 35,000 migrants have been bussed to new york, and the suit seeks more than 700 million in damages. but governor abbott has called that suit baseless, saying every migrant that has been moved out of texas did so voluntarily. finally, as we said, home security secretary -- homeland security secretary is expected to visit eagle pass yet again on monday. he's going to be meeting with people on the ground here and also coming out to some of the processing centers and the ports of entry. it is the not open to the press. griff? griff: casey stegall live in eagle pass, thank you. alicia shah is? alicia: president biden's spending the weekend in wilmington, delaware, after his

first campaign speech of the year marking the 3-year anniversary of the january 6th capitol riots where he is says maga voices, quote, abandoned democracy. this as criticism grows over his handling at the southern border. lucas tomlinson is live from delaware with the latest. hi, lucas. >> reporter: hi, alicia. president biden mentioned his predecessor 44 times by name in that speech outside valley forge, home of washington's winter encampment during the american revolution in 1777. >> today i make this sacred pledge to you, the defense, protection and preservation of american democracy will remain as it has been the central cause of my presidency. [applause] america, as we begin this election year with, we must be clear, democracy is on the ballot. >> reporter: now, republican

critics say donald trump should be on the ballot too and are outraged at efforts to remove him in some states. biden gave his address at a community college theater with 563 people in attendance can, all by invitation only, we're told. absent were many young with people, crucial voting bloc for the president's re-election campaign. speaking of absent, there was also no mention of the southern border in the president's remarks which many call a crisis. this is the list of migrant encounters on the southern border over the past 10 decembers, alicia. last month was the highest in more than history. recently, the white house press e secretary downplayed the numbers, and here's what one of pennsylvania's democratic senators, john fetterman, ahead of biden's speech. >> it ebbs and flows. and we're seeing more at the border. it's not unusual. >> there's a crisis at the border. and i don't know how anybody could pretend that there isn't. and now with the latest figures from december of over 200,000

people, to put that in perspective here in our state, that's more than the population of pittsburgh. and pittsburgh is our second largest city. >> reporter: 4,000 of george washington's men camped at valley forge in the winter of 1777-1778. many struggled to find food and shelter while the british under general howell wintered in philadelphia. of course, war was a seasonal business back then. george washington's punishment, alicia, for stealing food was a punishment so severe that that his soldiers many times would bite town on a lead bullet by being pummeled, hence the term bite the bullet. alicia: lucas tomlinson with the hi -- historical facts all the time, thank you very much. good to see you. griff: for more on the biden administration's response to the growing crisis at our southern border, we're joined by democratic congressman from texas henry cuellar. congressman, you've been such an

important voice in this crisis. you've spent your whole life on the border, and really as we set this segment up asking about the biden administration's response to the crisis, in your view, has their response to the crisis been acceptable, in your opinion? >> no. i mean, absolutely not. look, you know, we've had historic numbers of people coming across, no ifs, no buts about it. i think if i was advising the president, i would tell him talk to the american public, them -- tell them there's a humanitarian crisis down here at the border. you're going to get to work, get the job done and, basically, have repercussions at the border. that's the bottom line. now, we're looking at hopefully some sort of deal where we can address the asylum criteria at the very beginning, but at the same time you've got to make sure that if they don't fit that criteria, then they've got to be as quickly as a possible deported to their country, their countries of origin. and if you don't show those

repercussions, then the pull factor is going to continue. you know, i understand in the past there's been ups and downs, you know, ebbs and flows, but the last two, three years those historical ups and downs have just seen growth and growth and growth. every single month. griff: yeah. the whole ebb and flow thing, you know, i talk to -- full disclosure, i've spent a lot of time on the border, i got those numbers, 300,000 for december. for karine jean-pierre to say it's not unusual is not even a serious statement, sadly, made from the if white house podium. but i do want to take you -- you to mentioned the word, you used the word crisis just a moment ago. and, you know, when our colleague bret baier here pressed alejandro mayorkas about that, here is what mayorkas said. listen here. >> but you do think it's a crisis now. >> bret, it is a challenge that

we have been addressing vigorously with all of the tools and resources that we have been provided. griff: so from karine jean-pierre's unusual comment to mayorkas won't even call it a crisis when it's been with, as you describe, the worst condition the border's ever been in in history, is this just spin, congressman? why won't they be honest about it? >> well, you know, again, i don't want to speak for the secretary, i want to work with the secretary, i want to support the secretary. i want to give him the tools so we can do what we need to do. but in my opinion living on the border, not just coming to visit, living at the border this is a crisis. it is a crisis. and i think we need to look at the american public straight in the eyes, say it's a crisis and that we're going to get together, work and both democrats and republicans, the white house. we have to get outside of our comfort zones and come up with a compromise. and the far left, the far right won't like it, but i think a lot of democrats and republicans

will do what we need to do, and that is change the law, add some funding, put the funding in the right places. i see that they're crossing the border fence there. put money for i.c.e. so we can deport people when they don't meet the asylum criteria. griff: yeah. and, congressman, you said such an important thing a moment ago, and that is addressing the pull factors. my sources tell me, and mayorkas did not deny it in his interview with bret, that more than 70% of the migrants being encountered every day are being released after not meeting the credible fear threshold. so that means they're not coming for the asylum reasons, they're coming for economic reasons. the giant caravan making its way through mexico now carrying a banner that says -- [speaking spanish] free us from poverty, they're coming for economic reasons, and they're getting released. would you point to that as one of the main if things that has to change, the mass release

policy of this administration? >> look, you can add a border fence, you can administer border patrol, you can do other things, but if you don't address that pull factor, what brings people over here, and that is -- it's very simple. they know that they can get to the u.s. border, the border patrol is not going to push them back. they'll help them. border patrol is processing them right now, and then they're going to be released in the united states, wait four, five, suggestion years for an immigration -- six years for an immigration hearing and if they show up, 87%, at least the figures that we've seen for the last 25 years, 87% of them are going to be rejected. but once they're in, have is we seen any mass deportations? there's over a million final deportation orders right now. griff: congressman, i just have about 20 seconds, but i do want to ask you, finally, if there is a vote to impeach mayorkas as secretary, how will you vote? >> i'm going to vote no. look, you know, we've got to work with him. i know we disagree, but if congress puts the money and

changes the policies and puts money in the right places, we'll give him the tools where they have to do what they need to do. detain people, deport people if they don't meet the criteria, and that's the bottom line. address the pull factor. griff: your voice and your insight on the border is one of the most important in this discussion, and i agree it is, indeed, a crisis. congressman henry cuellar, thank you for taking time. have a great weekend. >> thank you. happy new year. griff: happy new year. alicia: and joining us now from the other side of the aisle, republican congressman from florida, aaron bean. congressman, thank you so much for being here. before we beginnings let's take a listen to the president when asked about the crisis at the border and funding being negotiated in congress. listen. [inaudible conversations] >> give me the money i need to

protect the border. alicia: i guess the question is, congressman, what would they do, and what does that mean to this administration, to protect the border. >> first of all, it's great to be with you. it's just, to see president biden so out of touch with what's really happening at the border, i was there with speaker johnson earlier this week when we had over 65 members of congress to see how, what a disaster, a crisis, a catastrophe, all man manmade on our southern border. what joe biden wants money for is to continue the jet planes around the country at midnight to continue to hide these immigrants from the more than people. but we're figuring it out, alicia. we're sick of it. we're tired of it. so we don't want to give president biden or mayorkas any more money to continue to do the same things they're doing now which is allowing our southern border to be wide open and to continue to dispossessor these illegals all over our country.

alicia: there are a lot of questions that remain. this week bret baier asked homeland security secretary alejandro mayorkas this question: >> would you accept the extra funding on the condition that the funds could only be used for detention and removal but not release into the country? >> bret, the funds are needed to provide the county of homeland security -- the department of homeland security with more border patrol agents. alicia: so, congressman, he went on to say that dhs also needs money for extra detention space, he talked about technology. he did not specifically talk about needing money for deportations. >> his credibility is shot, alicia. his credibility is not there. i can't trust him. i know the american people can't trust him. and so i believe this week the house will launch the impeachment to say, enough. we're done, move on. mayorkas, you're not the man for

the job. somebody else has got to come in. but just to give them more money to continue these mystery flights, these -- just bringing people in, they're doing this on purpose, alicia, if you haven't figured that out. and the american people and the congress is, this week is saying, enough, we're done. we're not doing the same thing anymore. alicia: you know, secretary mayorkas, casey stegall's reporting, is going to head to the border on monday except it's going to be closed to the press. in a week where immigration -- where impeachment hearings are also beginning over his job, how does that square, not talking to the press, not talking to the public all while this is happening? >> it doesn't. you know what he doesn't want to see when he's there -- can when we were there, people were actually just walking across the river, walking through the barbed wire. our homeland security folks would put them in a van and then take them off to get processed to go. so the reason he doesn't want

any cameras there is because he's going to see what the american people see on fox and other news. our border is out of control. that's what's happening. liver what are your concerns over the humanitarian as aspects? if people living in tent cities all over the country. it's winter in places. in denver and chicago, it's incredibly cold. i personally have seen children living in tents. >> alicia, it is extremely sad that we are -- this is a manmadk what's the next level over crisis, is it catastrophe? it is. but we're empowering slavery. we're empowering slavery, because all of these illegals are paying cartels the passage, and they are now going to be indebted for we were told for the next 7-10 years paying these cartels off.

and if they don't pay them off, then harm will come to them or their family. not to mention our homeland security, mayorkas hasn't answered for 100,000 kids that we've taken into custody and placed out in society, and now we have no idea or they're not returning calls, we have no idea where these kids are. so it literally is a human catastrophe. it is sad. it needs to be stopped. it can be stopped. if joe biden would just enforce the law, just say remain in mexico, if chuck schumer would take up house bill 2 which is something the house republicans have worked on that is the ultimate security for our border, and thank goodness cuellar with gets it. fetterman, i just watched him before i came on. fettererman even gets it, but joe biden and so many of these democrats don't get it. our border is out of kohl. thanks for covering it.

alicia: florida congressman aaron bean, thank you so much for being here today. griff: a fox news alert, federal aviation administration now ordering the temporary grounding of certain boeing 737 max 9 planes before inspections -- for inspections before they can return to flight after that alaska airlines flight made an emergency landing last night because of a depressurization blowing out a window. christina coleman joins us now with more on this terrifying and developing situation. hey, christina. >> reporter: hi, mike. forfying, indeed. the faa's order to temporarily ground certain boeing 737 max 9 aircraft following weed's scary incident is going to affect approximately 171 airplanes worldwide. take a listen to air traffic control responding to the alaska airlines' flight crew as that plane soared through the sky with a deactivated emergency cabin door wide open.

>> the only information we have is that a pressure ifization issue -- pressurization issue and 177 passengers, 16,900 pounds of fuel. and as of right now, we do not know the intentions of the aircraft. >> reporter: not knowing the intentions of the aircraft. that is scary. a passenger also a posted video to tiktok of this incident. it occurred about 40 minutes after the plane departed from portland, oregon, yesterday evening. the plane was at 16,000 feet when the deactivate emergency cabin door, which was used as a regular cabin window on this plane, blew wide open. 171 passengers and 6 crew members were onboard heading to california. one of the passengers described the size of that gaping hole that they stared through while that plane was soaring through the sky. take a listen. >> it was the about as wide as refrigerator and about as high as two-thirds of a refridge rate

orer or in height. and they had -- there was a kid in that row whose shirt was there that was ripped off and sucked out of the plane. >> reporter: fortunate atly, no one was seriously injured. the seat next to the door that blew open had not been occupied. this boeing 737 had just gone into service in november. alaska airlines temporarily grounded its fleet of 65 boeing 737-9 aircraft after yesterday's emergency as a precautionary measure. but as of today, the company said a quarter of that fleet will be returned to service after inspections were completed with no concerning findings. alaska airlines says it's working with boeing and regulators to understand what happened last night as the ntsb investigates this terrifying situation. griff? griff: terrifying, indeed. christina coleman with the latest, and we will continue to bring you updates as we get them from the faa. christina, thank you. alicia: republican presidential

candidates vying for votes along the campaign trail this weekend. we'll go to iowa next. ♪ ♪ i'm feeling this moment. along with clearer skin skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and 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, had a vaccine, or plan to. there's nothing like clearer skin and better movement-and that means everything! ask your doctor about skyrizi today. learn how abbvie could help you save.

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the top gop candidates make their rounds in the hawkeye state this weekend. bill melugin live in des moines with the latest. hey, bill. >> reporter: hey, griff. yeah, that's right. look, wert in the final stretch here. less than 10 days to go. the stakes are getting higher. these candidates all across the state today meeting with voters, trying to make their final pitches here. florida above ron desantis and former president donald trump, their rivalry is growing every single day. desantis has really taken a more aggressive approach in recent weeks and months in terms of going after the foreman president saying, look, he didn't deliver on what he promised, you can't trust him, and if you choose him as your nominee, he's going to come with all sorts of baggage. take a listen to what desantis had to say. >> how are you going to now do it these next four when you'd be the oldest president ever inaugurated, you obviously have a lot of other issues that are swirling around? i just don't see the formula for success. >> reporter: that was

desantis in dubuque, iowa, earlier this morning. this is video of nikki haley also on the ground here in iowa early today. donald trump has been going after her as well with. she decided to respond to him. she said, look, she's not an attack dog, she doesn't like doing this sort of thing, but when she gets the target on her, she says she will respond. take a listen. >> god bless donald trump who's just having a temper tantrum about me every day. [laughter] i never once raised taxes. i killed taxes. >> reporter: but, look, the bottom line here is donald trump is the man to beat. he still has an absolutely enormous lead in all the polls out there, so much so that he's felt he hasn't had to do the any of the debates this cycle. his point being, look, he feels the voters know him, they know his policies, they know what he's bringing to the table, and it's up to his challengers to make their pitches to voters. back out here live, former president trump will be speaking in newton, iowa, today.

that's going on the at 2:00 local iowa time. we'll have a cue there, and we'll be monitoring that speech as well. back to you. griff: all right. bill melugin live for us in des moines, thank you. alicia? alicia: for more on former president trump's legal battle as we kick off this election year, we're joined by constitutional attorney mark smith. mark, good to see you. thanks for being here. you know, even critics of donald trump are setting expectations that the u.s. supreme court will not keep the former president off the colorado ballot. we don't know for sure until they make their final decision, but what about the ripple effect here? we can see from this map all of the pending cases in 15 other states not counting colorado and and maine, but what happens on a broader scale? >> the bottom line is that the democrats' attempt to keep donald trump off the ballot using blue state courts is now failing. the u.s. supreme court recognized what was going on here, and they've stepped in, and they're going to fix it fast because it's pretty clear if you

look at the history9 and the text of the 14th amendment section three, which is the legal hook the democrats want to use in places like maine and colorado to keep donald trump off the ballot, it's really not a good argument. and i think the supreme court probably in a 9-0 decision is going to rule that, indeed, if you don't want donald trump to be the next republican nominee or you don't want him to be the next president, then don't vote for him. but don't turn to the counts or to secretaries of states and trying to make something up to keep them off the ballot. that's what they're going so -- to say, in my view, and the supreme court wants to nip this in the bud because, remember, right now it's colorado and maine, but we have a general election coming up. so if they don't fix it now, they don't want to deal with this in the fall. alicia: we are also watching the d.c. circuit court of appeals and special counsel jack smith. the court is going to hear arguments on this issue of immunity and the former president and whether he has that protection from his actions on january 6th. what are your expectations here?

>> well, i actually think the bigger story with the u.s. court of appeals for the d.c. circuit and their argument next week is whether or not they're going to step up and actually declare that the special prosecutor, jack smith, has been acting would want authority this whole time because there's a very powerful amicus brief submitted by the former attorney general for ronald reagan, ed meese, that specifically says that jack smith is acting without authority because he wasn't appointed by the president and confirmed by the senate which, for example, the attorney general has to be. among other things. and what's really interesting and sort of newsworthy here is that the 3-judge panel which would appear it's one level to be sympathetic to the democrats because it's two joe biden appointees and a george h.w. bush appointee, what's interesting is they specifically told the lawyers they want to hear argument on the amicus briefs with which questions whether or not jack smith has the authority to do any of the things he's been doing for the

last year. i would consider that a troubling development if i were the department of justice and jack smith. because if they unwind all of his work, boy, that's going to be a big deal. alicia: well, so we're 10 months out from election day. and i want to put up this rolling list, and we have to roll it because the list is so long, of trump's political and legal timeline. this is what he has on his calendar in this year with that he is also running for president. almost a day -- there's almost a day that doesn't go by where he isn't or his legal team isn't dealing with something. how is this even possible to approach from a legal standpoint, from if a political standpoint? it's just so much. >> well it e certainly does look as it's a bit more than a coincidence, right, that all these cases that are being litigated today in 2024, it's not really clear why they could not have been brought with years ago and already have been resolved. the question is, why all these cases brought in a timing sort of way that now donald trump has

to spend a good portion of his time in 2024 litigating and dealing with with the court system? obviously, maybe it's a coincidence or maybe it's not. but it certainly seems to be very convenient from the if point of view of the democrats that likely, certainly one of the leading presidential contenders is going to be tied up in court and not on the campaign trail. if i suspect that is viewed as a feature, not a bug of the system among certain people on the democratic side here. alicia: that is one packed calendar. mark smith, thank you so much. we appreciate your expertise. >> thank you. griff: alicia, packed, indeed. coming up in the next hour, former white house deputy chief of staff karl rove joins eric and arthel for a lot more discussion on all things politics which means that white board could be coming out. you don't want to miss it, tune in. alicia: this week on "mediabuzz," howie kurtz analyzes the media's role in the 2024 presidential campaign with republican presidential candidate ron desantis. how has the media with impacted

his campaign? if here's an exclusive preview. >> look, i get request it. like, no matter -- when we got endorsed by governor reynolds, it was not something9 that the media wanted to make a big deal of because it didn't fit the narrative. so i think a lot of this is motivated reasoning. they want to have this predetermined outcome. alicia: additional campaign 2024 analysis with the florida above and a whole lot more tomorrow at 1 11 a.m. eastern on "mediabuzz." ♪ liver e liver new rockets have been fired into northern israel as hezbollah retaliates for a killing of a top leader of hamas many beirut. that's next. hashtag still not coughing?! mucinex dm gives you 12 hours of relief from chest congestion and any type of cough, day or night. mucinex dm. it's comeback season. ♪

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alicia: hezbollah launching one of its largest rocket barrages into israel today as u.s. secretary of state antony blinken meets with senior turkish officials amid a new deescalation push.

alex hogan has the latest from tel aviv. hi, alex. >> reporter: hi, alicia. right now thousands of people have gathered behind me, these are families, loved ones of the hostages. i talked to one man named michael whose brother was taken hostage, his sister-in-law was killed, and the couple left behind a 2-year-old baby, and michael's family is caring for that child and constantly advocating for the brother's release. >> honestly, i feel like one long day. for me, it feels like i'm still living october 7th. i haven't slept more than 3 hours in the past 3 months. >> reporter: tomorrow will mark three months since hamas attacked israel, and today the israeli military says it is pressing forward in khan yunis, gaza. now, new alerts today on the northern part of israel. the idf fired upon hezbollah military sites in lebanon this morning in response to a barrage of rockets that the iran-backed group fired toward israel today.

israel says that it identified more than 40 rockets this morning. meanwhile, just right now we're learning more about another houthi attack, this one fired from if yemen, an unmanned aerial -- an aerial vehicle that was launched again from yemen that the u.s. says it was able to shoot down in self-defense. we know that secretary of state antony blinken is on this multi-country tour to the area to try to cool down some tension in the region. specifically are, he will address issues just like this, these continued houthi attacks as well as rising tension in the middle east as well as, of course, trying to advocate for the release of hostages including americans and tear safe return. alicia. alicia: alex hogan live in tel aviv, thanks. griff: houthi attacks on two the dozen ships since november are forcing shipping companies to avoid vital red sea routes and send vessels on longer voyages around africa. for more on those attacks and the western response, let's bring in retired lieutenant general and fox news contributor

keith kellogg. general, i want to show you the map. since november 19th, we can show you the houthi attacks in the red sea. you can see them here. there they all are, all in the area really putting a strain on international, the international shipping lane in the red red sea there. we've just learned as alex was reporting there the uss -- [inaudible] shooting down a houthi drone in the southern red sea. that's now the 26th such attack. what do you make of it? >> well, they're not going to stop -- first of all, thanks for having me on today. the rook, the houthis are not going to top shooting these missiles until we take very hard action against them. we do a lot of talking, we talk about prosperity guardian, protecting those fleets. that's not going to do anything. you've got to prevent the todaying -- the attacks from coming. the source is on the ground. for the most part, that's where the missiles are coming from. the iranians put a frigate into the red sea, it's got newer anti-ship missiles, eight of them on that vessel, and they're

the sea-skimming -- they're sea-skimming missiles that can take out both commercial shipping and military shipping. what has happened is the international shipping company, mediterranean, maersk, they've said we don't trust you. so they're going their own way. you look at the coalition, the french, spanish and italians now have gone their own way as well. in fact, the french are now escorting their own vehicles. we don't really trust the united states of america to do anything. so i think what we're going to have to do if they want to reset the fight in the red sea, protect the shipping, they're going to have to do something -- look, the houthis are in violation of law. there's a freedom of-and-a-half base. it's very -- navigation. it's very clear. they're violating it. i don't know why we don't do something about it. but those missiles they're shooting, they're not being developed there in yemen, they're being developed in iran. griff: general, you say the biden administration if's response has been inadequate. what should they do?

>> here's what i would do, first of all, you tell them what's going to happen up front to the iranians through the protective power which the add manufacturive power that a the -- administrative power that would basically e protect our interests in r.n., and and we'll take the military action against where those attacks are coming from and the shipping lanes and blockade their ports if you have to. tell the iranians, if this doesn't work, you're next. and the only way you take it and do this is make really hard action. you know, yesterday "the wall street journal" had a great article from the former cent-com commander, frank mckenzie. he basically said the whole thing, the longer this goes, the hard orer it is to put back in the box because they don't believe you anymore. if you hit them weeks later, they go, yeah, maybe it was just one off. i think that's where we're at. they're going to have to take some strong actions. just talking about it is not good. just putting up a task force is not going to do anything. they need to take concrete actions in conjunction with allies as well, because the

freedom of navigation is not a u.s. issue, it is an entire international -- griff: no, right, and it's costing billions to the international trade routes. you talk about really the tensions rising and the fact that something must be done. i do want to the turn to some news, troubling news we've just heard which is defense secretary lloyd austin has been, for lack of a better word, incapacitated at walter reed for the large part of this week, and yet the pentagon did not make the press or the american public ware. your thoughts. >> yeah, it's inexcusable. look, he's part of the national command authority. we all know the president ooh's the commander in chief. the national command also includes the secretary of defense. that came about a in the '60s. and what that means is civilian control of the military. all military orders, orders from the president, go through the secretary of defense dot.com bat about the command. let's use central command if. basically, those orders must if come from the secretary of defense, and if he's

incapacitated, then it goes to kathleen hicks and then the third if she's not available which, by the way, there's nobody confirmed for that position. but the fact that they didn't tell anybody is pretty, pretty bad. it's inexcusable. you know, john kirby knows this, the admiral, the nsc spokesman, he knows better. the defense department knows better. the more than people know better. just tell us what's happening. and i know lloyd austin, i like lloyd austin, lloyd has worked for me on two different occasions. come on, guys, you guys know better. griff: the pentagon spokesperson, pat ryder, saying, oh, listen, i know this was an oversight but, you know, the deputy secretary of defense had it all, no worries, it wouldn't have made a difference at all. but, again, god forbid something should escalate like iran, if tehran strikes tel aviv and with we don't even know right now what austin's condition is, i don't believe. i don't. it's not public that i see. does that matter? >> yeah, it does. two words, trust, confidence.

the american people have to have trust and confidence in their defense department and their military forces. and the commanders on the ground know better. they know what's happening. you go out and ask a senior commander, come on, guys, we can do better than that. what they're really doing is just talking about this, but this was a big miss by the defense department and the white house as well. just tell the american people this is going on. he creates that trust, it creates that confidence in the commander and chief and the entire command line, and that was missing on this occasion. griff: that's such a great way to put it, general. and really now i think the question is, okay, so how is secretary austin doing right now? we don't -- all we know is he's still at walter reed without really an update. and, two, was this an oversight on behalf of the pentagon press office? is it a one off or are hay really just not -- they really just not being as transparent as america deserves? >> it's the latter, not the former. and the reason -- that's a harsh

assessment, i know that. they know better. kirby knows better. the entire defense establishment knows better. they know that there's a thing called a national command authority. it's been around a long time. it's very serious for us that serve in the military. it's simply civilian control of the military. and if you've got your senior civilian incapacitated, at least tell people that's happening and that -- kathleen hicks, by the way, she was on leave when this all occurred. she wasn't even available. and there's no number three. so this is, to me, it doesn't sound much, but it is. it's a big deal. griff: we'll see if we get an update. are general keith kellogg, thanks for being here on sent with us. alicia: as the first winter storm of the season barrels down on the east coast, we'll check in on how travel is being affected next. ♪ replacing me? customize and save with liberty bibberty. he doesn't even have a mustache. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> stop selling them u.s. soil and take back the land they've already purchased. we're going to make sure we go to our universities and say you take foreign money or american money, but the days of taking both are over and get that infiltration out of our schools. we're going to make sure we close down these chinese police stations that are around our country. griff: that's former south carolina governor and go gop candidate nikki haley campaigning in north liberty, iowa, ahead of this weekend's caucuses -- week's caucuses and her town hall with bret baier on monday. she was introduced by new hampshire governor chris sununu. we'll continue to monitor it. alicia, we'll send it to you. alicia: thanks, griff. the travel industry bracing for this weekend's storm as officials give advisories. c.b. cotton is live at laguardia airport. what's the situation like out

there? >> reporter: hi, alicia a, good afternoon. well, the security wait times are looking really good here at laguardia, but what we are starting to notice is this incoming winter weather starting to impact flights. according to tracking site flightaware, a little more than 3,000 flights have been delayed across the country today. now, the good news is that major airlines are accounting for this winter weather. most of the major airlines have decided to waive change pieces or fare if difference cans -- fees or fair fare differences with those with flights to the northeast and mid-atlantic. new york city could break its e no snow streak this weekend with. the highest snowfall predictions are at no more than 3 inches. meanwhile, people in regions north and west of the city are bracing for significant snowfall. there could be up to a foot of snow if come sunday in some of those places. new york city's office of emergency management issued a weather a alert beginning today through tomorrow warning of

slick roadways with some minor travel impacts. other officials will monitor bridges, tunnels and crossings between new york city and new jersey, turning to artificial intelligence to make sure they can prepare commuters this weekend. listen to this. >> a storm like this one that's starting on a saturday afternoon, we started getting information through artificial intelligence on monday, and we're able to make sure we're putting out notifications and messaging so that we can start making the preparations. >> reporter: emergency officials reminding everyone that during winter weather it's always a best to use public transit. alicia, back to you. alicia: c.w. cotton, thanks. griff: sos where is this east coast storm headed and how much snow's coming? we've got that a coming up next. ♪life ♪ if you're age 50 to 85 and looking to buy life insurance on a fixed budget, remember the three p's.

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