jason tate fifth and stephen miller and former trump data chief matt brainard on the charges of election fraud across the country, stay with us for that and thank you for being with us this evening, we appreciate it, have a great weekend, good night from sussex. kennedy: tonight democratic party trying to le far avert rules.

and president trump and vice president pence putting the full-court press on those two georgia senate runoffs, the nypd says shooting and murder are soaring in a new push by some on the left to defend the police. plus tensions rising on the border as a trump administration races to build as much portable as possible and while it still can't come i'm jackie deangelis and for elizabeth macdonald, "the evening edit" starts right now. ♪ while president biden is filling key positions, he is reportedly feeling heavy pressure from progressives when it is in a party. joining an outright 2020 advisory board member harmeet dhillon, great to see you tonight, let's start with what's happening, biden was speaking today and a reporter questioned

him about this and basically saying there was not enough diversity in his cabinet and not enough black people in his cabinet. your thoughts? >> yes, i agree that the criticism from the left, there is talk about diversity, talk about women, quotas and various regards but also policy criticism when you see people like neera tanden who has been put forward an accused of adding a sexual harassment victim and other people who are viewed of to close to the establishment of the left. it's an interesting criticism because democrats chose to nominate joe biden and put their support behind him, he has always been the establishment and been supported by big banking and wall street and he represented the interests of the credit card industry against consumers while in the senate.

i think that they got what they paid for and not to expect that he will pivot to the far left, i think the whole staffing ramp-up that you are seeing shows that the progressives while they make a lot of noise, they don't necessarily have the punching power to get the far left people into the biden cabinet. jackie: that's a really interesting point, those folks who said you will elect joe biden, he will give you a bill of goods winnie standing on the podium and trying to get your vote but he may not do exactly what everybody thinks he's going to do. hitoday there was diversity ande wasn't going to front run any announcement and he stood firm on that. >> if you look at his vice presidential pick, kamala harr harris, she checks boxes of diversity, if you look at her performance as a senator and before that the attorney general

of california where i litigated against her office in a civil rights case, she too is far from progressive interactions in those offices while at the same time taking progressive positions in the senate. she seems to be all over the place to what is required and the two critical senate races in georgia are really going to determine a lot of our next four years, if you have a joe biden, kamala harris, they will not be able to get extreme policy positions through no matter what the house pushes without having a majority in the senate. that is really critical. in short, you don't know where they're going to go, i don't think either of these people have essential philosophical core, it's really what their donors are saying and what the establishment is saying to them and if the establishment gets hijacked by the aoc wing of the party, that is the tune they will be singing because they don't have a moral philosophical core and adopt the powerplay from happening.

jackie: the tagline from the democratic party in joe biden kamala harris is unity but it seems like it's a false image of unity when you have so many people trying to grab for power. >> that is right, this happens in any administration transition in the trump 2017 transition use of various factions of the conservative movement trying to get the people in here, war hawks and people who are neocons in the heritage foundation people in all those different people thought for power ultimately it was large establishment people who staff the administration, this is usually how it turns out, i'm yet to think of almost back to ronald reagan where we did have fresh thinking coming in really truly new thinking in the republican party, i think the lot time you saw a radical change in a transition a administration within a party.

jackie: you brought up aoc before inches making headlines once again talking about the fact attacking the republicans essentially and say they don't really understand what it's like to do hard labor kind of jobs, to not have healthcare benefits and she went on about how she is a person that was a waitress and she knows what it's like to walk away from the table and cry because the customer is yelling at you and a lot of people on the right were feeling a sense of outrage saying themselves that is not true. hud secretary ben carson's press secretary hit back and said she was a waitress for five years when she was working in college and she knows exactly what it feels like to be yelled at by the customer. attacking in this way and try to put people down and saying you don't know what it's like when actually as americans we do have a lot of common experiences, that really doesn't help now does it?

>> i think what she's talking to, the conservative establishment figures and possibly some of her colleagues in congress have mocked her for her background as it is not a preparation for being a member of congress. i disagree with that, she's absolutely right if we had more republicans who had blue-collar background it would be a better party and as a result the recent election, are parties voter base is trumpeted that direction, we need to be respectful of that, a lot of the women were media figures and not elected officials and most of our elected officials in both parties are from the elites of society. their millionaires, multimillionaires, people of privilege, elizabeth warren, professor at harvard, lawyers, they are not blue-collar workers, i would love to see more in both parties. jackie: that's a fair point. final question, you do have congressman kevin mccarthy from california trying to bring people together with some of the folks who are on the fringes from the freedom caucus and you

actually think this is a positive sign, explain that to me. >> i would not agree that the freedom caucus is a friend of the party at the growing base of the libertarian wing of the party that believes left government is better for us. politics is a game of edition and if you want to be elected and secure your position of a leader and a 2022 republican congress you must have support from the freedom caucus, it is influential, growing and if there is an anti-war element that is growing among young people in our party and so he needs that base and anybody who's going to be the leader needs that base. it's smart for leader mccarthy to do exactly what he's doing and it really speaks to his skills in legislative infighti infighting. jackie: great to see you tonight. thank you. coming up, we will hear from to california business owners

fuming from so many companies buckling under strict lockdown majors. >> you see all of these democrats doing what they want to do in violation of their own covid restrictions and rules while restaurants and business owners in the democratically broughledcities and states are g decimated by the economic impact of shutting down their i'm still on the road to what's next. and i'm still going for my best. even though i live with a higher risk of stroke due to afib not caused by a heart valve problem.

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jackie: critics of covid-19 lockdown are saying tight restrictions largely have been iin and effective in containing the virus and the toll is piling up leaving many small business owners nationwide under siege and in financial ruin. joining me not to business owners from long beach, california who have been impacted by the lockdown and taken a stand against it. welcome to trent and ryan, trent i want to start with you were not just talking about small businesses, we are talking about restaurants as well, literally the backbone of america and according to yelp i was reporting today that 60% have closed for good as a result of the pandemic, the science that the democrats say we should be following does not necessarily show that walking into a store or sitting in a restaurant is increasing your trances of spreading in the highest numbers more than 14 million cases in

the united states with strict lockdown. >> i think it's really frustrating for people to watch specifically in l.a. county, the supervisor to shut down outward dining and the next night she is out eating outdoor dining, these politicians have all this data at their fingertips, why are they not afraid and being so hypocritical, there shutting down the small businesses but living their life as if nothing is happening, there is a disconnect in there is a distrust with a small businesses that pour their heart and soul into the companies and getting shut down with no opportunity to do anything about it. jackie: ryan, they've not just follow the rules of lockdown and stricter rules for the example in california with gavin newsom, they've actually invested in trying to do the right thing, young nice weather out there, people can sit outside and they have put up plexiglass, they invested in outdoor furniture, they have tables on the sidewalks and they're not allowed to do business.

>> the average restaurant probably spent 5 - $15000 in building their outdoor dining space so they had an added expense, then to reduce their capacity so they're trying to stay alive and you see each city instead of having these spaces built out where people are enjoying, their bank it in empty and it really looks sad. >> there was a new study from usc that said the economic toll post pandemic over the course of two years could be almost $5 trillion, i think the trump administration tried in its own way to understand what the health needs are and what the economy needs and to strike a little bit of a balance. when it comes to the police

state and to the democrats, we will see what president-elect joe biden is going to do, are they really understanding what the impact of this is going to be? >> no i think that's one of the hardest things on both sides of the aisle we are seeing locally everybody listening to just the health department nobody's listening to the economic development, and california eight years ago they created a pandemic response and it took an approach from both sides, it totally disregarded if you're one of the fifth largest in the world and the only thing you can come up with is a color scheme, that is sad in disproportionately hurting small business owners innocent servers and the cooks in the host have no idea how they're going to feed their family for christmas, there is something they miss there, anytime you make a decision you need to take both sides and our politicians are so one-sided they're not thinking in making hard decisions like what's best for everybody.

>> that's why we created the accountability and march this past wednesday and we want to elect appointed officials held accountable for the policies in which they are utilizing these businesses. jackie: one final question, here in new york there definitely had been some restaurant owners and small business owners taking a stand and saying we will not close, we cannot close, were following the rules and doing it safely and others have supported them in peaceful protest saying this is america, this is a land of liberty, we have the right to work and put food on the table. how do you tell people even amidst the pandemic that that is not there right. >> i think it is tough in long beach specifically they've leverage the health department more like the gestapo, they're

going out and handing out fines to small gyms and restaurants, i was at a restaurant that had ten health department employees, think about how inefficient that department must be to have ten people walk into one restaurant, it is a joke. >> we hope by doing what were doing that we inspire entrepreneurs and restaurants and retail stores to stand up. i think people have been so scared and were empathetic and we wanted to be safe and responsible and we don't want to take covid lightly but we also want to see people especially our elected officials be fair and responsible with their policies. jackie: great to see you, thank you so much for that. next former acting attorney general matthew whitaker on the senate showdown we are watching senate showdown we are watching you work hard for your money. senate showdown we are watching stretched days for it. juggled life for it. took charge for it.

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>> for all we have done, for all we have yet to do, for our president and our future, for georgia and america, cast another vote for all that president trump has accomplish accomplished. jackie: vice president mike pence holding a defend the majority rally with republican senators david perdue and kelly loeffler in savannah georgia

today as 16 former georgia republican leaders pending a letter urging state gop to focus on the january 5 senate runoff elections and mid fears of voter fraud, it might keep voters away from the polls, that is according to the atlanta journal-constitution. former acting attorney general matthew whitaker. always great to see you. let me start there with a question about folks going to the polls, what we saw in the election, there is some question, does my vote count, does your vote count, if it doesn't should we bother? >> we should bother, hopefully, i expect that these voting irregularities will be cleaned up by january 5. i'm excited that president trump is going down to georgia tomorrow to have a rally for the two senate candidates in the runoff and i think it's reckless for republicans to not show up and conservatives not to show up on january 5.

everything is at stake, the future of our republic is quite frankly at stake. if you remember the 2020 election was all about the future of our country and how socialism fitted and if democrat somehow when the runoff on january 5 in georgia, all sorts of things including defunding the police including packing the supreme court, all of those issues on the table, i would urge georgians that can lawfully vote to vote on january 5 and their vote will be counted. jackie: absolutely, i cover wall street extensively, this is the stock market around dow 30000, it's priced in the notion of split government after president-elect biden was declared the winner of the election and i'm looking at the races in georgia specifically through a financial lens, roughly $300 million spent in media campaigns to make sure the word is out there, you are right

it's very important and there is a lot hinging on it, vice president pence and president trump going to georgia tomorrow, they really want to make the case that the future in some ways is in your hands. >> all 50 states and all people of goodwill are hoping that georgia has a clean election and that every voter shows up and votes for their preferred candidate, obviously those of us that were in the trump administration or support president trump suspect that they will vote for senator perdue and senator loeffler i think what's best for our country, you're absolutely right, the divided government come january at this point in time is best for our country, if democrats control the house senate and the presidency after the dust settles on the election, we could begin for a not only dark winner but a dark four years were some of the

policies that have failed in other countries will attempted to be introduced here in the united states and it would be catastrophic for the future of our country. jackie: there is a lot at stake for sure, i'm sure president trump is going with that as his number one priority but also there is a little bit about the president that i feel that mrs. in some ways, the rally stage and mrs. being around people and spreading the message and you have a side conversation saying he's already setting up his bid for 2024. >> having served in his cabinet i know how indomitable he is and how he prefers to be out on the campaign trail talking to americans and sharing his vision for the country. who knows what the future holds, obviously i think 2020 is still being contested in states i've watched with great interest many of the great hearings in court and the legislators play out,

obviously january 20 there will be a swearing in ceremony for the president, one way or another and what the future holdholds for donald trump. certainly he is the head of the republican party and needs a lot of power and i expect he will use that to continue to advance his make america great agenda. jackie: based on what you're seeing every day as we look at the states that were in question by the trump administration and the campaign in the recent developments with respect to finding cases and where there was irregularities and may have been fraud, do you think there's a legitimate possibility that this will move forward in some sort of way, right now it seems like people are pooh-poohing that idea, that it will move forward in some way that all will be impactful. >> certainly the mainstream media is downplaying any of these irregularities and not

only do we see this recent video that surfaced of the ballots that came from under the table, one way or another that is suspicious in itself that somebody has been a law-enforcement officer. that being said we need to continue to improve our system of voting and make sure every lawful ballot is counted in every legal voter gets a chance to vote but ultimately we talk about the selection in the future of our republic, if we don't get this voting cleaned up and make sure all americans have confidence that their vote is counted i think were in for a troublesome time, i expect the state election officials will get their act together, clean this up and legislators will take control of the required signature act and make sure the elections are fair. jackie: they still have time to do it so that is good news. we really appreciate your time. still ahead media research

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jackie: here's "the evening edit", you've heard the mind-boggling stories of democrat lawmakers and officials accused of doing as i say not as ideal when it comes to covid-19 restrictions. the media research center tells us those stories are largely being ignored by the mainstream media, joining me now media research center brent bozell, it's great to see you, we do

cover those stories on fox business and also on fox news. it's interesting because you have the lawmakers themselves and this is an old one but nancy pelosi not wearing the mask in the salon that i cannot get over and yet you have the newsmakers themselves, somebody like chris cuomo in the hamptons not wearing a mask getting fined by his apartment building because these not wearing a mask, i'm not surprised the mainstream media is not necessarily focusing on the stories. what fuels the hypocrisy that certain people think the rules do not apply to them. >> i think the media should be covering it not only because it's a violation of their own rules but because of the raging hypocrisy. this was the same press that went after president trump that went after so many republicans because they did not have a mask on at the appropriate time they

turned and looked the other way when 70 like michigan governor witmer blast the president for not wearing a mask, blast people for being at rallies and then attend the george floyd rally, not wearing a mask herself, the most recent one we looked at was the mayor of austin who demanded that people not go out during thanksgiving and then he went to mexico on a vacation. so these things should be reported but as we pointed out in news busters today, when they finally do reported and they actually give examples of this with newsom, the mayor of denv denver, who told people not to travel then he went to mississippi for thanksgiving, they finally gave this report, already democrats and not one of them was labeled a democrat. can you imagine if there was a whole series of republicans and not one was ever labeled a

republican. jackie: you look at governor gavin newsom specifically in california and he's implementing the stricter measures, businesses are suffering but that's the photograph of him dining at the posh restaurant french laundry and so many democrats say including the president-elect that they are following the science yet there are reports that governor newsom doesn't actually have anything to go one where he can prove that walking into a small business or sitting in a restaurant necessarily increases your chances of contracting the virus, he is doing and feel safe enough to do it but he doesn't want anybody else to. >> the public is ever more skeptical of the quote unquote science that in fact and that or that it's been called the question but with the public not to have any patience for these

members of congress, these mayors that are making these dictates and in the case of state-by-state that are destroying businesses out of the concern for public safety and then flaunting them having their own lavish parties, marching in their own rallies, deciding not to wear mask, going on the secret vacations all the while telling the public to eat cake, i think the public is fed up. jackie: very vividly during the campaign leading up to the election, if it was a trump supporter at a rally, they shouldn't be out, they should be gathering but if you were in new york city and you are flooding the streets, protesting for black lives matter but you weren't wearing a mask, then that was justified. there is no way to bring those two things together.

>> how could the national news media that were covering the riots in the streets not made the simple observation that everybody on the street was breaking a row while this was happening or the fact that the mayors in the cities were all allowing it while telling law-abiding people they couldn't come out because they were health hazards. jackie: i don't want to answer the question but they were focusing on the mainstream media and not focusing on the aspect of it. >> i think they're just as hypocritical of governor newsom, they're just as hypocritical. jackie: there is reasons that they don't and we know that and that's why i brought up chris cuomo because he's a person walking around new york city and he doesn't want to wear a mask in his building thinking because

he had coronavirus which by the way people are testing positive twice, the antibody that you naturally build up may or may not last long enough, there's so much we don't know, when i walked out on the street i wear the mask, i follow the rules i would not dare walk into an elevator without it. >> there has been pictures of reacreporters themselves not weg the mask in their lecturing us everything will day about how those not wearing masks or killing people and they themselves will not be wearing masks. jackie: i wish we had more time but it's great to see you. still ahead on "the evening edit", fox business contributor tom homan on the growing push to defend the police just as the nypd says shooting and homicide are spiking. >> you are seeing a significant increase in violent crime specifically homicide in chicago and in other cities across the country. and it's irresponsible and it's dangerous and i think the

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jackie: pushback to defend the police made a spike in shootings and murders like new york city, tom homan a former police officer, it's great to see you, let's talk about what were seen at home in new york city because you shootings and murders on the rise in the month of november shootings in the city were up 112% yet you have police budgets being slashed and folks going on tv saying we have to do law enforcement a different way and they don't necessarily know what that is. >> the problem in new york of the perfect storm, governor cuomo who doesn't like police officers and law enforcement and mayor de blasio doesn't know what he's doing and you've got a

put in the foot with the democratic lawmakers, what's happening in new york they pass a bill reform law where if you're arrested for a misdemeanor, your released, you don't even have to post bail, you automatically released, if you look at the data 40% of the people that would normally be locked up or hit the streets, criminals are being released within hours to the streets, then you got deep on the police, every dollar you take away from law enforcement is less enforcement, less cops means more crime if you look in new york city, they took a billion dollars on nypd budget and when you do that that means less patrolman on duty, a longer response time, they have to prioritize their calls which means it's a free-for-all because of d from the police, lastly you have the whole covid issue where the governor and mayor decided to release thousands of criminals from prisons and jails in new york because of covid, i was on the

airplane the other day, every seat was full, everybody's wearing a mask, why can the prisoners in new york state prisons in the new york trails wear masks, they had a knee-jerk reaction and release thousands of criminals to the street yet the perfect storm in new york, it's the criminals who were all the sudden the victims and the cops are the bad guy, things are upside down a new york. jackie: in new york city in manhattan using 300,000 people flee the city as a result of the pandemic as a result of the safety issue and what happens and what's so interesting when you're walking on the street, they're not the mass crowds of people there used to be to hide the homeless to hide the mentally ill and to hide the criminals, so you actually see them and it's really scary for the residents that do live here and the folks who are paying the taxes, we know they're not going to the police department. >> i'm a new new yorker i was born and raised in new york or

mike grandfather was a cop, my father, i was a cop in new york, i love that stable under this democratic leadership we have a governor cuomo in de blasio, the state is losing the state. i own property in new york on the canadian border and i'm a taxpayer two. governor cuomo needs to be responsible to me and the other taxpayers of new york, same with the laws io, they work for the taxpayers, not the other way around and they're responsible to us we need to hold them accountable and i hope people speak up at the ballot box and make some changes. jackie: there's also a counterargument this is not only should you be defunding the police, as a matter of fact you should fund the more if you're worried about training and sensitivity and if you're worried about racism for example with the police communities, why not spend more money to train them and make them better it does not mean you pulled them off the streets altogether. >> absolutely, that's a very

good point, when i was a director of the eyes i had short of in a billion-dollar budget, it sounds like a lot of money but you gotta decide what you can and can't do response to criminal crime happens first but the training budget always suffered. give the petey's more training so they can train in diversity and trained how to deal with mentally ill people. these men and women where best and go out there to defend their communities and their put in tough situations every day, give them the training that they need and you may see some of the violence decreased quickly. jackie: do you think people are affected enough in a city like this one for example to make changes at the ballot box because so many decades here in new york aside from mayor giuliani and mayor bloomberg we have not necessarily seen the types of mayors in charge that follow with stricter policies. >> i think the conservatives need to speak up they have been

too quiet it's time to speak up and get loud. protest turns into violence and they get out there and yell and scream all the time, that's because in the night they go back to their parents basement and get their pre-stimulus check, but for the people that have jobs and have to work, you have to have a voice. it's not the mayor and the governor, you need to vote for your city council in your mayors and your school board, we need to take this back to the ground up. the america that i love and growth in is being lost quickly especially in new york so people have to speak up, we cannot be silent anymore, that's why i'm fighting every day whether on fox news or riding opposites are giving speeches throughout the country, we gotta fight back and we cannot give up. jackie: we really appreciate what you do, you're also a retired ice directing actor and we will talk about some of the news we are seeing on the border next.

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jackie: a federal judge restoring the daca program for undocumented aliens ordering dhs to accept applicants to the program starting on monday. the administration can appeal to a federal appeals court or go to the supreme court for temporary relief from enforcement of the judges orders, back with me tom homan retired ice acting director, i just want to get your first read on that news. >> it's a bad decision and it's sad the courts have been so politicized. this administration in the supreme court took the case and came back and said to end it, you did not ended the right way because they did not follow the administration act, they had to do justification closing and what the supreme court did they said you cannot close it this way so they gave dhs a roadmap saying if you want to close that years ago about it, i don't know

why dhs did that, it's been months they should've done that but they need to appeal this right away, the program is illegal and even the supreme court justices, they need to appeal it right away. when the president came up with the daca thing and awarded 800,000 people, all the sudden status in the united states will happen to the following three years, what happened 13, 14 and 15, hundreds of thousands of women came across-the-board with the small children because they wanted to be part of the next daca population or this daca population. we have got to stop rewarding that behavior, brings more mass illegal immigration. we have to stop it and if congress wants to fix it, that is their job, let congress deal with it, but it should not be a judge or the white house or it should not be the supreme court, they will indent if dhs takes the proper steps. jackie: let's stay with the theme of the wall and border crossing, illegal immigration

per se, the trump ministry and trying to keep its promise and finish as much wall as they can in fear that president-elect biden, if sworn in is going to undo possibly the accomplishments of the administration. >> president trump has done more to secure the border, he had more wins on the border than any president i work for and i started with ronald reagan, that's the fact, the walls work, where they put a barrier less illegal immigration and they have been begging for for decades they need that to do their job and protect them and saves lives in joe biden to say i'm going to stop the wall, he forgotten 2006 he voted for border barriers the secure defense act of 2006 that will spend up to $50000 and border barriers a lot more than trump administration has spent. before the biden administration decides to stop the wall or tear

down look at the data don't forget your main objective for the sovereignty. the wall saves lives. this president, president trump is given border patrol what they needed and president biden wants to take away from the heroes that work the border every day. jackie: it's not just about immigration per se, it's also about drugs from mexico. what do you think a biden administration is going to do that, you've always said the biden himself didn't hold mexico accountable last time. >> here's what's going to happen, all the promises biden has made about deportation, who's gonna get free healthcare, in the eyes detention, what happens when you do that, the same that happened several years ago, half the border patrol will no longer be on the line, 50 - 60% will change diapers, make baby formula hospital runs and what happened three years ago when that happened, 62000

people died of opioid overdoses because drugs were flowing across the board because border patrol was busy with family units. that's why so many are being caught right now because supportive entries are vigilant. once the surge comes to which it will fit president-elect biden keeps his promise, we are in trouble and the border will be out of control, more drugs come in, were criminals come in and when the border opens, it is open to terrorism two. if you or someone in this country that wants to come here blow something up it's hard to get a plane ticket or a visa because all the programs have been set up, you will come to the country the same way 12 - 20000000 others did. jackie: really quick i want to add another wrinkle to the story, that is the chinese, the school of thought that the chinese are responsible for some of the money laundering and some of the drug laundering especially when it comes to opioid and fentanyl.

>> chinese are in bed with the cartels, the opioid in the fentanyl that killed over 60000 people that came out of china it is a comes from the china to the united states through cargo or to mexico as a finished product or this in the precursor to mexico with the producers and smugglers across the united states, china will help them hide their money and launder their money because as part their money. the administration needs to step up the enforcement and take them out. jackie: when it comes to china specifically, probably very happy at the notion of a president-elect biden instead of try who is taken such a tough stance. >> they are cheering on as much as a criminal cartels in mexico, the criminal cartels in mexico ernie gearing up border numbers are up 20% last month, there back in business and will be making millions of dollars of day in the same cartel who have killed multiple agents and smuggled enough drugs in this country to kill every man, woman and child in this country twice

over, their happier in celebrating and there gearing up, the data shows in the intelligence report shows that, no one can be happier than the common cartels in mexico. jackie: we will leave it there, great to see you as always. >> good to see you. jack ♪ >> from the fox studios in new york city, this is maria bartiromo's "wall street." maria: and happy weekend, everybody, welcome to the program that analyzes the week that was and helps position you for the week ahead. i'm maria bartiromo. thanks for joining us. coming up, my one-on-one with white house economic adviser larry kudlow on the efforts to get a covid relief bill passed before the holidays. then later, don peebles is here to talk about the crippling effect new covid restrictions could have on the recovery. but first, let's take a look back at some of the big moments with top