will tell you, i believe in immigration and illegal immigration in this country but i don't believe in what this administration is allowing and as a taxpayer, i don't want to pay for either. great to see you. all right, i'm in for elizabeth mcdonald, you're watching the evening at on foxbusiness. thanks for watching. have a good night. ♪♪ kennedy: you that your balls we have a case of malaise. president biden's approval rating sinking faster than the titanic, the wreck. the owner of the kansas they realized americans think their policies kind of suck? for further proof 2022 it's going to be a bloodbath for democrats. they be choked has only been in office ten short months but he's squandered any goodwill he had with voters.

according to the usa today epics university poll president has an approval rating of about 38%. that will make it difficult to push his agenda because democrat lawmakers are not going to support the president deeply underwater by 21 points. the polls don't get any better, she's almost historically unlikable, congrats. were approval rating, medic 28% as britain's independent newspaper points out, that's worse than cheney and showed one of his friends in the face. he did phenomenally well and he was given a harsh one. he wouldn't take these numbers into panic mode but according to deputy press secretary karen, everything is just fine. it's great. >> the president and vice

president poll numbers, how big of a concern is it for the white house particularly and i toward the midterm elections? >> one of the things i want to say, we are confident our policies will improve the lives of nearly every american so we create jobs, because our focus and continue to push the economic policies. polls are all over the map and that's not going to be our focus right now. kennedy: they are not all over the map, they are pretty much saying one thing. how bad are the polls for the white house and is there any way to get the numbers to move north? termites product panel, senior editor christopher bedford. we also got fox news political analyst, my favorite people here, good to see you back, one for liam's. author of the liberal invasion of red state america, walk on,

everyone. chris, i will start with you. what strikes you as being the worst -- i think polls are fascinating because sometimes you could take them with a grain of salt especially outliers and sometimes polls are all over the place, concentrating in the wrong direction. 64% of respondents to the pole and usa today is not exactly a conservative one saying they don't want joe biden to run again. >> he's reaching bush second term in popularity but generally disastrous and we have had divisive presidents before all presidents are partisan but president barack obama was divisive and set strong feelings for and against him. when he rested all obamacare, which allowed for publicans have a problem with a lot of other people felt they impacted them in a good way for gave them something. joe biden has not done that so far. the things he's passing and

working on, even this small victory they had this week passing more infrastructure, fees aren't impacting the things that are concerning americans right now. supply chain crisis whether it inflation or rising gas prices or problems of the water off massive problems of the poor, these are trending badly under biden administration is not addressing things that are going to make it better for americans so i think they are going to punish them. kennedy: vice president, you have to look out for yourself especially if you're thinking about the little, your own political future but you also have to look out for the president you served and this administration. obviously the vice president is doing bad right now, force the president and poll numbers can always go up so what does vice president harris have to do to get her poll numbers on a better path? >> get joe biden's numbers up, i think it's a reflection on the whole administration. i think people especially after

last tuesday with republicans routing the democrats, i'm tempted to say nationwide, that's not fair to democrats but even new jersey we have a close race with the democrats should have one easily, all indications are these are good times for republicans and i think a lot of people are jumping on the bandwagon but even so, keep in mind these polls were done well before the weekend and the great jobs report came out well before the infrastructure beale was sealed into congress while before we saw the stock market break record for the 55th time this year so i think when you ask people what their primary concern is picking up on what chris was talking about, they tend to be the economy the number one concern, covid number two so kids in my neighborhood were getting shots this weekend, there are a lot of reasons to think the democrats can do a

better job messaging from a they can see the numbers rebound. kennedy: i understand that but i think the problem here is there only focusing on messaging, they are only focusing the order in which the words are set and not the actual policies themselves because it may beat the power that are putting people off. now kristen, if you have the big spending bill, the social spending bill on the horizon, you've got to moderate democrat danning in the way of that passage, it's unchained from the infrastructure bill same to the republicans who voted with the democratic caucus, what are the chances the president is unpopular, why would kyrsten sinema and joe mentioned vote for something like that if it could be politically perilous for them? >> they have no incentive to do so but the bigger problem here is democrats misinterpreted the results of 2020. they thought they won that election because voters wanted

elect wing radical progressive agenda, that's not why they won the election. they won because they ran somebody who wasn't donald trump. it's like trump was mobilizing on the right, he's mobilizing on the left and the radical agenda, defined police and diffusing racist essentialism and blowing out federal spending, it's being pushed by crazy aoc's taking up the oxygen in the room and the agenda might be popular with some naïve college kids in deep parts of the country but blue dog democrat and moderate normal democrats no longer feel at home in the democratic party. radical progressive's have hijacked the party to push back on what juan said, i don't know that the economy is the only important thing or the most important thing. i think what we learned in virginia that culture matters as well. crp and education and what we are teaching our kids, that

drove people to the polls so if biden wants to increase his numbers, he's got to stop letting the radical progressive's with this insane view of society dictate what his party and his administration is doing. kennedy: i think that's really good, that's something this administration has to be mindful of, anyone who's in power and president, don't be condescending to the people who put you in office because they will move against you especially if you are talking about moderate and independent were sick of politics and not necessarily partisan, they will vote people out betrayed talk down to them and that could be one think committing to present biden seeking approval in the supply chain crisis. static the president seemed to mock the intelligence of the american people because the supply chain is quote confusing. watch. >> if we were all going out having lunch together and i said

let's ask whatever's in the next table matter how, what restaurant we are in, have them explain the supply chain to us. do you think they would understand what we are talking about? they are smart people. supply chain. kennedy: oh yes, actually, people to understand especially small business owners. pete buttigieg things the $1.2 trillion -- trillion. i said that. that doesn't shock people anymore. he thinks the bill will solve everything. i highly doubt that. small businesses suffering the most, gas prices are skyrocketing, stores and shelves are empty. instead of marking people, does present biden have a plan to turn the crisis around? what really struck me here is the president shows he's been living in a bubble for about 50 years. he hasn't run a business, he hasn't had to look over his own books or get supplies to

manufacture i think to sell up to people. he's never had his own personal supply chain threatened or interrupted as small business owners and they actually understand perfectly what the crisis means. your thoughts? >> a lot of it is basic. conceal with the naked eye whether you are at the chesapeake bay or los angeles, you can see mom lines of container ships trying to unload and there are things administration can do right now to free that up whether to deregulate aspects a lot of these containers to move away from the docks and free up ports and allow more to come in, whether it freeing up ports in florida like governor desantis is doing but there are other aspects. one reason big corporations when went always went is because of regulations. one of the companies who always went is major trucking companies. it used to be american ideal to

be an independent trucker, thousand and one country songs about it. that doesn't exist anymore because of the regulations. you can peel that back not companies right now struggling incredibly to try and hire people and get them in the door to force them to be vaccinated. i know they put off until january the people are resisting that. that will hurt trucking and other industries. we are at a crisis in this entire country these working-class jobs and some of the things that make our supply chain what is but pete buttigieg administration has a power to deal with some aspects of us right away. kennedy: i have a soft spot for truckers in a number of ways in the filthy ways you imagine but also my grandfather, ralph was a trucker and he worked really hard and he taught me how to use a cb radio and i will thank him eternally. did you ever want to be a truck driver? it's not too late, they really need you. >> you mean you like them so i guess i should want to be one

because i like you, you are a good person but that's not my ambition. i must say when i think about this, i wonder if you are going to that that's a big step for trying to resolve this and they say they are going to keep ports open 24 hours a day in trying to do more in terms of the trucking industry to help them get drivers to drive the trucks away from the ports but the key thing and i think this is important to understand, this is a global experience, it's not anything biden is doing or pete buttigieg is doing, they are just trying to help us as americans deal better than any other place in the world the supply chain problem. kennedy: are they making it better or worse? >> they are making it worse.

>> they are solving the covid problem. kennedy: throwing money into the economy and pushing trillions of dollars will not make the problem any better if the supply chain issue is a direct result of this administration's actions. these bureaucrats and lifelong politicians are so wildly out of touch with working people and small business owners. people like joe biden, they are lucky because they have guaranteed taxpayer funds. people out there in the private sector, particularly all business owners have been absolutely crushed because of lockdowns. now they are dealing with supply chain issues and can't stop shelves. i thought small business owners in my family, it's been tough for them to keep the lights on and they can't even get people to show up for work so it's really sad in all these small business owners want is for the government to get out of the way. they don't want the bill back better plan or trillions of dollars in the economy, they want the government to get out

of the way, the private sector can get back to work so consumers can enjoy low costs again but unfortunately, not what is happening and we are in for a really dark winter high prices and bear shelves. kennedy: it's going to be dark because we switched stupid standard time, i hate the time change. every year. all right, party panel sticking around. this week's tragic deaths at the festival in houston. now cops are launching an investigation. could travis scott be on the hook legally and financially? nancy doubling down as well. that's coming up. ". ♪♪

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fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. right, investigations are underway into the depths of eight people ages 14 -- 27, travis scott astral world asked about this past week in houston. many more were injured. police say stamping crowds traveling crushed fellow concertgoers. this video of people bursting and to our vip entrance, that

was before the carnage an unfortunate death. people rush the stage, lawsuits filed against travis scott, drake concert organizer live nation. mercy, it's going to get so bad. could anyone be held criminally responsible for a tragedy like this? draining me to discuss, not only criminal defense attorney, a former prosecutor, no one knows both sides better than randy. >> thank you for having me. kennedy: but discussed first, criminal liability, is travis scott responsible for having could he face potential jail time? >> at a tough one and unfortunately we are not experiencing the conversation back and forth as to whether or not alec baldwin or the assistant director for the prop master or armor bears

responsibility for the deaths of the cinematographer. most crimes are crimes of intent. you have to intend to kill someone, for example. we can all agree, there's no intent to kill anyone. oftentimes with crimes, you have something called reckless standard which is, did you see the risk and you blew it off? it's often like firing a gun into a crowded movie theater. kennedy: travis scott has been responsible for that in the past and pled guilty to disorderly conduct in 2017 in an arkansas case. he's charged in 2015 in chicago from warned by the chief of police, make sure nothing like this happens from a 50000 eager fans in attendance and he's famous for badmouthing security and getting proud fired up.

notified by a number of people, they were injured, he stopped for the show for a bit but it went on for an hour before they stopped and helped those who were in pain, not to mention those who already perished. >> you raise good points but it goes more to making life very difficult for mr. scott and the venue owners, the security people, the promoters because from a criminal standpoint, we don't convict someone based upon a propensity. if i stole 102 years ago, that doesn't mean i stole this chapstick today. there's got to be more of a connection. we want to look at the evidence specific to the crime i'm charged with. i don't know how much i put into the fact that mr. scott has run into these issues before. civilly, it's an enormous

problem but again when we are talking about arresting someone, prosecuting someone, having them raise jail, we are talking about crimes of intent. kennedy: more have been done travis scott and live nation? >> i missed the first part be to put more have been done to present -- prevent rather the needless deaths by travis scott and live nation both? what they have done more? >> certainly argument will be made knowing mr. scott's history right then and there, you should not have gone into partnership with him to hold this concert. we've seen this before in 2019, we seen it before in astro world from was it worth the risk? putting that aside, this is why god made discovery because in discovery, the plaintiffs will learn from a further meetings,

e-mails and communication where it was like you know, we've been through this before, maybe we need extra precautions to make sure it doesn't happen again. a lot of people are going to have explaining to do as to why they would have gone forward with this because in hindsight, it happened again. kennedy: if it were my kid, i would also go after kylie jenner because she breaks a lot. thank you so much, always good to talk to you. coming up, aoc getting flagged for saint democrat need to stop saying what. yeah but they lost in virginia. first up though, the va doing canvas research for veterans in need. why so heartless? will break that down next. ♪♪

from the withdraw from a failed war in afghanistan to heartless dismissal, cannabis research, the federal government continues to abandon veterans. veterans groups far and wide like the american legion overwhelmingly endorsed cannabis research so va doctors can understand and vaguely prescribed marijuana to park on orders who suffer from everything from ptsd to insomnia and chronic pain. in 2017, the national academy of medicine announced they scored over 10000 research papers in abstract and concluded there is clear evidence cannabis can treat chronic pain, ms hand symptoms and nausea from chemo yet the va has decided there is no medical benefit to mj so why bother looking into it? the va and d.o.j. work hand-in-hand for requiring for meaningful research because the plant is a schedule one substance that has no medical

benefits. they engage in a circular logic, there hasn't been enough research so we don't really know what's in there. whatever is in there, it has no value as well as confirmation bias, only studies that search for harmful effects of marijuana and not pain porting lifesaving benefits many veterans desperately. this is the most un- shocking side effect president binds administration, he was the one who authored and shepherded in 1994 crime bill that dictated mandatory minimums for marijuana despite claims he's evolved on weed, he's depositing gateway drug. lawmakers from his own party are fighting his administration and various agencies to find the move on some aspects of rescheduling or legalizing or meaningfully decriminalizing cannabis once and for all. california democrat -- 2019 bill telling them the d.a. to please

study cannabis for ptsd but he's getting stonewalled by the agency as jefferson sessions nation's top cop. the feds dragged their heels from a therapist who settle for opioids and antidepressants. those suffering most tend to self medicaid. it's a shame the federal government let it come to this there are a number of bills that could be executive order that would easily use their suffering. instead, they are ignored by fuzzy old drug wires while the real warriors take their own lives to the tune of 18 a day. the president and congress have the power to stop the suffering but they are drunk on their own power which is the deadliest gateway drug football that's the memo. democrats waving the green flag for pot from bills to widespread legalization, legislation is out there.

what he even sign it? the party panelist back. chris bedford and kristin tate. obviously this issue reached critical mass, it's insane we are still having this discussion when you talk about marijuana in medical terms, 36 states including district of columbia have at least medical marijuana, 12 states marijuana is a fully legal so why is the federal government dragging heels especially in this one area for people need help so desperately? >> i think it's old-fashioned politics and being unfocused on the wrong things. i may be your only friend who is not in favor of recreational use of marijuana but two of my very good friends from of my oldest friends, high functioning family men for both veterans on the war on terror have been helped by marijuana in my personal life the last couple of years. one was able to kick alcoholism was starting to kill his bottle and what have left his two twin

daughters fatherless. he kicked it completely with heineken zero two we calm him down from his ptsd. another friend finally found sleep, he didn't want to get on pills or beyond antidepressants, he wanted to be on prozac but with a little medical marijuana, he could sleep at night and get through nightmares and the things that kept him up and the stress of the day from left over from his ptsd and pull his life back together. both of these people are not addicts, they've not been dragged down, they are high functioning family men seen that in person in real life turns me on made me much more open to the idea of this so it's sad to see scientists willing unwilling to go after this and shows you how political our scientists are. kennedy: i think people shouldn't be doing a lot of things but i don't think they need to be illegal and overly regulated so juan, why is this

still sticking points? >> the politics of this anachronistic in my view but i must say a lot of this, you look at the age group that runs the country in the u.s. senate and the white house, i think these are people who grew up reefer madness and scare tactics about marijuana and they are not open minded, they are afraid if they do open the door and anything goes wrong from they will be labeled as people who allow drugs in the nancy reagan type world to say you opened the door and these young people rush through it and look at them and all the catastrophe that can come from young people using drugs. i think -- i got to tell you, it's overwhelming and more so it seems to me a matter of age and conservatism but we don't want

to deal with it. kennedy: you are right because conservatism here doesn't have to do with party. you are also right people running the country are so old they make look like greta. >> that's tough. [laughter] >> i'm not a fan or advocate of recreational marijuana because it's not healthy for most people but there's evidence to suggest marijuana has many medical benefits, particularly for pain relief and because of the stigma we have attached, we now have this ironic situation for many people are abusing it and using it recreationally, we are not allowed to study it and figure out the benefits for medical use. kennedy: may be the va and every research institution should be doing as much as they possibly can to study and learn to people who need it and get it the most appropriate form instead of fumbling around at dispensaries

and trying to do their own personal experiments. all right which, you know, people also eat too much sugar but should we criminalize sugar? maybe we should. maybe we should tax it. aoc wants democrats to get more wealth but she hates the world word. a wrong lesson from losses in virginia instead of running away from woke, maybe they should embrace it. one thing just aspect of thinking there is a wealth problem is for reelection or majorities in the house and senate rely on racial justice issues? [inaudible] is more woke the answer for democrats? she said she hates the term but the term comes from the left script. >> they don't like to use any of the terms to describe what the revolutionary movement, what they are trying to do as they

put critical race theory in school documents and it comes out of the politicians mouths but when you criticize it they say it's not even here. use woke and describe themselves as woke but you criticize them they say it's not here. they say it's a dog whistle, a code word for saying i'm not saying what i'm actually saying. what i'm actually saying is racist. if you have a revolutionary movement, you should at least talk about it and that's something the squad has been so refreshing on from they generally tell you exactly what they are trying to do when they're trying to do it because i think they are on the right side and everyone else is wrong. i think she lost a lot of power tuesday with her ability to swagger fellow democrats to join her team. they're looking at virginia and they are worried. kennedy: there are a lot of people who have come out against the progressive agenda feeling is overtaken too much of the democrat party. there have been people for a long time saying you've got to stop sloganeering, it is hurting us so who ultimately went

control of the party here? >> the thing about the democrats, it's not one party. you got various elements in the squad is a very strong but small element. obviously most democrats are not responding, didn't vote in the most recent infrastructure vote. she makes to me a very important part, if you are talking about voting rights, if you consider that woke as well, okay, let's talk about voting rights. if you are wanting to talk about justice in terms of voter suppression, if you want to talk about those years serious issues, is that woke? i don't know. when you talk about stuff like defund the police and taking abraham lincoln's name off the school, it sends a crazy message to voters who say these people are out of their minds. kennedy: but omar is one of the people saying very loudly that

police should be defunded. she's the one hearing all of us lumping it together so for aoc to say it's not what we are talking about -- 30 seconds. you can respond. >> the bottom line here is the moderate working class focused democratic party of jfk bill clinton is dead, even a few years ago these ideas like defunding police, universal basic income from government run healthcare and trillion dollar green initiatives would have been laughed at by establishment democrats these are the core pillars of the party. i hope democrats take aoc's advice, they are going to alienate all working people in this country if they do. kennedy: or we need to stop operating under a two-party system that is the real piece here. thank you so much, great to see you all. lovely way to start the week.

i'll think the biden administration's federal vaccine requirement for private companies is the mandate dead in the water before it even starts? while this rope all the way. here to lay down the law, that's next. ♪♪

kennedy: nice shot. president biden's attempt for a mandate, swiftly run down". three charges from the u.s. court of appeals have the biden administration plan to force vaccine mandates on private companies with more than 100

employees. the d.o.j. is now saying five additional challenges to the osha mandates have been filed. the white house is still profit the mandate will be upheld in court but is it constitutional? for the supreme court step in to make a final ruling parks here to break it down, director of constitutional studies shapiro. what does this mean? is a separate victory for freedom? >> temporary pause not really a pause at that because the mandate doesn't go into effect on its own terms until january 4, 60 days from friday when the rule was published but this is a shot across the bow and the fact that the judges felt the need to say they were brave statutory and constitutional issues when stating the obvious. this the farthest use of executive power, i don't know, since the seizure of the mills

in 1952, this isn't even obamacare or legislation requiring you to buy insurance. this is telling employers to do something to enforce a mandate the federal government but along the executive branch can't do by itself. kennedy: what is the difference between this and the other victories the administration has enjoyed where private businesses have been sued in local federal governments have been sued yet the government prevailed there, how is this different? >> it depends on what you're talking about because vaccine mandates are different from lockdown orders which are different from other covid measures and whether except federal government doing it or state or municipality, all the law is different and that's why the lawyers get paid the big bucks to figure it all out. what the issue here isn't so much whether someone has a right to resist vaccination, it's whether the federal government itself which is does not have a general power to legislate or regulate for public health as

state do, whether it can use osha and emergency power for occupational safety and health to regulate the workplace in this manner and osha does not have a good track record on emergency rule. after nine times it's used emergency power, six have been challenged in court and only one of those has been upheld so this is really going out on a limb. kennedy: when you realize osha and what else they can do, it's kind of scary because it makes you wonder, what happens next? what the next thing they could impose on people? where do we go from here? >> with obamacare, we talk about the broccoli example, the government forcing you to at least by broccoli, osha can require you to buy it or businesses to verify their employees have bought it. anyway, it's farther than anything we've seen in a long time. where it goes from here, it could end up on the supreme

court doorstep very quickly. the court on truck the justices have a lot of appetite for getting even more controversy with abortion and guns. kennedy: it's going to be a fun year. broccoli for all. tran11 shapiro, thank you so much. topical storm is next. stay put. ♪♪

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like you, my hands are everything to me. but i was diagnosed with dupuytren's contracture. and it got to the point where things i took for granted got tougher to do. thought surgery was my only option. turns out i was wrong. so when a hand specialist told me about nonsurgical treatments, it was a total game changer. like you, my hands have a lot more to do. learn more at factsonhand.com today.

hermela telling people president biden broke went. her last week's global climate summit but in the president's defense, that room was already full of old forts. at breaking news about co2 emissions. topical storm, topic number one. tonight we go for had to forehead with a familiar face tattoo. 23-year-old matthew, a florida man appeared on this show as much as my comments. let's for drug possession and calling 911 to ask police for a ride home which is especially absurd because he's in a car. he's been banned from uber for years because instead of telling

the driver his address, he points to the center of his forehead and has take me here. this time matthew was arrested for throwing a television at his mother and attempting to strangle her. that's not good. right as a caller in florida. matthew's mother says her son was intoxicated at the time not to mention every other hour of his adult life. good job, matthew. see you real soon. topic number two. southeast germany for the most hair-raising competition of the year. 2021 german, who wants a mustache? featuring 100 contestants from across europe competing for facial recognition. he won't find olympians on a wheaties box but you might find pieces of their beard in your wheaties. the panel critique each facial hair for density, length all while keeping it i out for

performance. many contestants dressed up in plastic jackets and hats, classy. on fomenting their facial hairstyles and others either warheads. as usual, went facial hair division was run by rosie o'donnell, good job. you are a horrible person. topic number three. firefighters in new york rescued a naked man stuck at an upcoming performing arts theater known by locals, the palace of the opera. this was a scene at a men's bathroom of a theater in syracuse. now the world's largest worry will. well done. firefighters were called to the theater after employees heard someone in the men's room banging on the walls and screaming for help, it's unusual because no one order aaa that that. after arriving, rescue crews inserted a fiber-optic camera and a hole in the wall, they

discovered a naked man trapped inside at which time they thanked the lord the camera wasn't hd, it was somebody, let's be honest. a man was stuck in the wall for several days. worst of all, it was the weekend the theater was hosting the dave matthews band. what would you say? glory hole for all. topic number four. an incredible milestone to the chinese space program this week and from other countries first female spacewalkers stepped out side the space station and chinese officials promised next time they will remember to get her home safe. here it is, the incredible moment after not her historic space bar and luckily is more air and space them back on the ground invasion. actually, it wasn't her choice, her parents launched her in space the entire space walk lasted six and a half hour and china gave her a big hand. of course the uighurs who gave

her two months, cap forget them. who will be back in a month. mouth trumpet monday. ♪♪

[mouth trumpet] kennedy: # mouth trumpet monday. [mouth trumpet]

♪♪ [mouth trumpet] that's all you got, that's it. thank you for watching the best hour of your day. tomorrow night on the show, katie pavlik, miami mayor francis. watch the show, dvr, make every day a candidate. of which would harken back to medieval times. but keeping today's sewer systems flowing is a near-constant struggle. filled with cutting-edge infrastructure, obstacles at every turn. >kill the truck. > that hardworking men and women who toil out of sight to keep our sewage out of mind. > oh. there we have it. [water burbling] [music]