omicron very carefully and what exactly is going to come next. we were at levels we haven't seen before but we'll continue to watch it for you and bring us the latest. that is the latest for "fox business tonight." "the evening edit" starts right now. ♪. elizabeth: tonight chicago teachers and staff caught making jokes on facebook how they want to still get paid after they bached out on the job as 350,000 children now shut out of classrooms. city health officials saying that the data does not justify their walkout. 90% of chicago's public school staffers are vaccinated. also this, schools got $200 billion in total covid relief from taxpayers. chicago schools, nearly two billion, where does the money

go? should teachers on strike, should they have the pay docked for every day that they are off the job. joining us tonight, senator ron johnson chief of staff mick mulvaney. congressman pete sessions and dan bishop. former dhs adviser chuck moreno and texas attorney general ken paxton. the white house website to get covid tests is not not up. they are getting slammed for criticizing trump two years ago on getting testing all the way up through the summer, waiting months to ramp up tests on their own. the debate on the media, is it helping or hurting the pandemic. a lot of fear-mongering going on focusing on the negative. lawmakers talking about even more stimulus. we have new far left manhattan d.a. outraging voters in the middle of a soaring crime wave. he is telling prosecutors to

drop prison sentences for crimes like armed robbery, armed robberies and drug dealing. how long can the criminals first mentality of the democrats last? how do you stop d.a.s from unilaterally changing the law, harming law-abiding americans? not just happening in new york. it is elsewhere too. plus republican governors accuse the white house of cornering the market, buying up in bulk covid-19 drugs. the debate on the policy fix there. also this, house speaker nancy pelosi, her grip on power getting weaker by the hour. 25 house democrats leaving. the backstory of the trump era. the collapse into chaos of the democrat party. pugh research says this is one of the worst congresses in 1987. texas governor greg abbott, filed another lawsuit against the white house this, time over the biden vaccine mandate over the texas national guard. the white house set to face the first major challenge of the supreme court against biden's vaccine mandate just two days

from now. i'm elizabeth macdonald. "the evening edit" starts right now. ♪ elizabeth: welcome to the show, you're watching the fox business network. we begin tonight, the stock market taking hits today. the federal reserve talking about raising rates three times this year largely due to inflation. the state of the economy under the president. economists citing labor shortages. companies are having a hard time finding workers still. this is happening amid vaccine mandates. the white house says people are afraid of going back to work and that is a rhine for even more mandates. edward lawrence has the story. edward. reporter: liz the economy saw a very good indication for friday's jobs report. the adp payroll report out today shows that 807,000 jobs were added back to the economy and private sector companies but, now, but, this is a big but here, the report shows that

4.5 million people actually quit their jobs in the month of december. that added to the 10.6 million job openings in this country. white house economic advisors scratching their head how to get 7 million people employed to take those jobs. the bottom line, companies are having trouble hiring. we have a large number of people needing jobs. senator john barrasso blaming democrats for wasting money. >> democrats put $2 trillion in so-called covid relief, passed only by democrat votes in march. i think it was one of the things that really stimulated the inflation that we're having to liver with now. we need accountability for that money. there was $47 billion in that package for coronavirus testing. reporter: we know there is a lack of tests. long lines to get those tests. white house press secretary jen saki putting issue squarely on covid variant, on states not

spending rescue plan money. >> what is important for people to understand, there is some of this funding hasn't been spent in certain states to put in mitigation measures. now is the time to do that. reporter: latest poll show 60% of americans disapprove of how the president is handling the economy. liz? elizabeth: edward lawrence, good to see you. thanks for joining us. hear back with us now, the chairman of the senate homeland security committee. he is senator ron johnson, senator it is always a pleasure to have you on. you took heat recently for saying quote, why do we assume that the body's natural immune system isn't the marvel that it is? why do we think we can create something better than god in terms of combating disease. social media is criticizing you. they're saying vaccine prevents illness or death. they say it sounds like you're down playing vaccines. what do you say? >> happy new year, liz. first of all what i was remarking about is the fact that

we don't recognize natural immunity after covid. i don't understand why we don't do that. the body is a marvel. creation is marvelous. the more i'm talking to medical researchers you find out how the body's immune system works. it is absolutely amazing, the fact of the matter, vast majority of americans whether vaccinated or unvaccinated recover from covid. if you're vaccinated, you have milder symptoms, a lot of people are unvaccinated also have mild symptoms. so show me the data. unfortunately these vaccines are not sterilizing. they are not preventing infection. they are not preventing transmission. i've always felt there was a federal solution to the pandemic. it is called early treatment and yet we did nothing to do, we did nothing in terms of robustly exploring it, researching it, recommending it. we actually people like fauci actually sabotaged early treatment. so today almost two years in this pandemic, the nih

guidelines remain if you get tested, if you test pilots for covid, do nothing. isolate yourself. be afraid, worry, hope to god if you don't get sick going into the hospital. where they don't do a whole lot more for you than -- elizabeth: we understand that the w.h.o., "jama," "the lancet," medical journals say vaccination work stopping severe illness and death. the thinking and concern was that you're flat out against all vaccinations on this? >> i'm not. i was a big supporter of "operation warp speed." i am the champion of right to try. i think vaccinations are absolutely appropriate for the vulnerable. i have questions about max vaccinations into a pandemic as other medical experts were fearful of. where do the variants come from? these are variants evading the vaccine? could the mass vaccination into the pandemic, could that be driving these variants? i don't know? there is so much we don't know.

i wish policymakers would show a little more modesty recognizing how much they don't know. elizabeth: yeah. >> i wish they would have a little more respect for people concerned about vaccine injuries which they're also ignoring. they're ignoring natural immunity. early treatment. elizabeth: yeah. that is the case. we hear you. there is breakthrough cases of people vaccinated. like the pandemic of the vaccinated too. yes, there are also side-effect to the vaccines including inflammation of the heart in young adults as well. your point is well-taken that omicron looks like it is starting to plateau. it is peaking and plateauing in south africa, in parts of europe, the uk. the seven-day average here in the u.s., of deaths, is lower now than it was on october 24th, when the current wave started. there is good news. your point well-taken about the other news, not getting out there by the media, right,

senator? >> exactly. it has been suppressed. i had dr. cory testify before my committee in december, talking about ivermectin. the evidence is growing that is effective. i referred enough people i know to doctors who treat covid and the stuff works. i'm convinced of it. there are studies that show it works. yet our health officials say we don't have random controlled studies even we have meta analysis. we approved on thin stories with molnupiravir and paxlovid, hopefully those things work, they are 500 bucks, 700 bucks a piece versus cheap widely ga initialing again any rake drugs. elizabeth: there are side-effects with eye very tin -- ivermectin, very few side-effects. it has been used for over

decades. elizabeth: let's get to testing. why did it take the white house so long to ramp up testing after the white house, president biden, jen psaki, ron klain, his tweets resurfacing. they were slamming trump two years ago over testing. watch the white house on this. listen to this. >> google, covid test near me, go there, google, excuse me, covid test near me on google, to find the nearest site where you can get a test most often and free. >> do you know how long the 500 million will be spread out in terms of timeline? start in january, then will all 500 be available? >> i don't have an update on that at this point in time. >> how can an employer be obligated to test unvaccinated workers when there is such a shortage right now? >> i would first say that 2/3 of companies, almost 2/3 of companies have taken steps to put in place either vaccination

requirements or testing requirements. they're all implementing it in a different way. elizabeth: you see that, senator? so they're heavy on the topspin, right? but he is putting in a testing mandate too when they don't have the tests, right? take that on. >> first of all, they're incompetent. what are they going to do with the tests? they're not going to treat patients. so honestly what good are the tests? what will they do with them. other send people home afraid and alone. this administration politicized covid to get elected. they had vaccines. they didn't research others early treatment. as you said with paxlovid and molnupiravir, there are serious side-effects that need to be considered. so again, this response to covid has been a miserable failure. 829,000 americans dead from covid. we still don't have effective therapies, early treatment. we do, they're just not recommended by the cdc and the

fda makes no sense whatsoever. elizabeth: we hear you, senator. by the way, we showed a full screen from new scientist magazine saying this covid-19 virus is tracking the same evolution airy four other coronavirus took. the more transmissible, lethal it becomes. that is good news. >> it is. elizabeth: we ran out of time. we want to have you back on. that was a great interview. good to see you. come back soon. still to come, house speaker nancy pelosi grip on power getting weaker by the hour. 25 house democrats leaving office for the 2022 midterms. this is a backstory of the trump era, the collapse of the democrat party. up next, former white house chief of staff mick mulvaney. here is the story. chicago teachers and staffers caught making jokes on facebook about how they still want to get paid after they went on strike. joking that they can stay off the job until june. this as nearly 350,000 children shut out of in-person classrooms

in chicago. schools got $200 billion in covid relief taxpayer money. chicago, schools there, got nearly two billion. where did all the money go? should teachers pay, staffers pay get docked for every day they're off the job? you're watching "the evening edit" on fox business. shingles doesn't care. we've still got the best moves you've ever seen good for you, but shingles doesn't care. because 1 in 3 people will get shingles, you need protection. but, no matter how healthy you feel, your immune system declines as you age increasing your risk for getting shingles. so, what can protect you? shingrix protects. you can protect yourself from shingles with a vaccine proven to be over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose.

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♪. elizabeth: let's welcome back to the show former white house chief of staff, former omb director. he is mick mulvaney. he is a great writer. great to see you. mick, breaking news coming in, chicago teachers, chicago public school staffers caught making jokes on facebook about how they still want to get paid after they went on strike. the mayor calls it an illegal walkout. they're joking i can stay off the job until june. they will still get sick day pay. what do you say to this? >> liz, happy new year, thanks for having me back. i think a lot of folks this story sort of shows people a bunch different thing. a normal american would look at those things, well is that person going to get fired or not? of course you can't fire a teacher the same way you and i can get fired because of the union protections that sort of drives really how this gets into the biden administration's

bailiwick, which is they can't push back. the democrat elected folks of chicago can't push back. the state of illinois can't push back. the biden administration can't push back on this because they are beholden to the unions and unions know it. they're in the situation where the tail is wagging the dog. where ordinary americans -- elizabeth: should they dock their pay? dock their pay for every day they're off? >> if you don't work you shouldn't get paid. that is a basic concept in this country. and you should teach. you absolutely should teach. to have the school board say the schools are open but by the way the teacher is not going to be there is one of the most absurd things in a long time. the bar on that is fairly high. this is the breakdown of the culture when you let the unions do too much. elizabeth: you know, then $200 billion went out the door in covid relief money to the schools. 3200 schools now shut down. where did the money go? >> look, the biden administration used government contracts with private corporations in order to

shoehorn that vaccine mandate that they did a couple, tried to do a couple months ago, it hasn't kicked in yet. where is the same leverage the biden administration could use now on the school systems? look you took the money. if you took the money, the cdc says, the science says it is safe to teach the kids, you have to teach the kids or else we're taking the money. you haven't heard that you will not hear that for purely political reasons. elizabeth: well you know, the hospitalization risks among working age adults in the public school system who got the booster vaccine according to the health commissioner in chicago is zero. 91% of the staffers in the public school system vaccinated. now they're working remotely. you know what i mean, mick? there is no evidence that they have to go fully remote. it is just like they're taking advantage of it. we'll stay on this story. we want to move on to this. the media has gone full tilt overboard in covering the pandemic. a reporter asked the white house today, why isn't the president chastising more and scolding more the unvaccinated?

the intertempt, running a story saying that you know how dare people drop their masks when tsa workers try to check them in at the security clearance desk before they get on an airplane to see if that is the person, that is the passenger? media hysteria is going full tilt. take a listen to this. watch. >> there is however something standing in the way of the president's message of solidarity, a party that insists on weaponizing a public health catastrophe going the extra mile today to discourage testing. >> yeah. still by and large, the unvaccinated who are not wearing masks. unvaccinated who are not social distancing. unvaccinated going to crowded indoor events there. elizabeth: is the republican party weaponizing the pandemic? does this cnn anchor know that every last unvaccinated person is not social distancing and not doing the right thing? how can the media go full tilt best second quarter like this?

>> that is another question for the cnn anchor, for anybody on the left, in the media when they attack the unvaccinated as if it is only right-wing conservatives. the folks who pushed back on the biden administration against the vaccine mandate in the first place, were unions, generally associated with the left. this conventional wisdom out there that only trump people are against the vaccine, when in fact joe biden was running for office told people he wouldn't take the vaccine that had been approved by donald trump. what we're facing here is a situation where the left and the media weaponized the public health crisis for the purpose of defeating donald trump. it worked. now they can't put it back in the bag. they have created a monster and they can't control it. they say follow the science but don't follow the science. there are all sorts of things in media, left they don't control right now. it is hurting the whole nation because it is preventing us from coming together. it is preventing the biden administration from showing -- elizabeth: the thing, mick, the media is keeping us scared.

they're only quoting public health experts determined to put most dire spin on omicron and any variant. worst case scenarios, dismiss good case evidence at bet, grudgingly admitting symptoms for omicron are mild. they are warning, keep topspinning the fear and warnings about what could happen and when the data doesn't support what they said would happen they don't report it. >> that's because, that fear leads to more government control which is what a lot of folks on the left want. not all of the folks on the left, but a lot of them, certainly folks in the media. they want you to be afraid. they want you to need that government to take care of you. if you don't watch this network you're probably not going to hear that fact you just had about the level of hospitalizations. you will not hear about the fact of research coming out of south africa says this omicron might be much milder. you heard tonight what i heard on covid team in the white house, which is that natural evolution of

coronaviruses is become more contagious and less deadly. that is what the viruses do to stay alive. elizabeth: that is what viruses do. >> you're not hearing that message at all. elizabeth: right, mick. we're hearing from hong kong. you're right from hong kong, studies an also from south africa that the omicron variant could protect against other variant. mick mulvaney always good to see you. former dhs advisor chuck marino. have new far left manhattan d.a., outraging voters ordering prosecutors to drop prison sentences for criminal cases like drug dealing or armed robbery. how long can the criminality last? how can d.a.s unilaterally change the law to make these moves? that is next onrs "the evening edit." stay right there. you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria.

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elizabeth: joining us now, chuck marino. >> hi. elizabeth: new d.a., far left, in manhattan now, alvin bragg. ordered prosecutors to drop prison sentences for criminals and armed robbery and drug dealing cases. should he be recalled? >> absolutely. once again we have the voters to thank for this, just as we see mayors across the country starting to backtrack on their previous support of defunding

police. and let's remember, liz, defunding police it is not only budgetary. this has turned into a movement, right? it encompasses dismantling any way to inhibit law enforcement from doing their job. things like bail reform. in this example, with the new district attorney of manhattan, we're seeing another example of trying to circumvent the efforts and responsibilities of law enforcement in new york city. elizabeth: so, chuck, no prison time after trial and conviction. how can d.a.s, unilaterally change the law? police officials say the d.a. was elected to enforce the law. if he wanted to change the law he should have run for state legislative offices? >> no, that is exactly right. he has absolutely no right to change the laws. the same way the biden administration as we see down on the southwest borders is attempting to ignore and change the laws. you just cannot do it. it is a legislative function. we've got the new mayor coming in new york, eric adams.

he wants to run, ran on a platform rather of reinstituting law and order. here is his first obstacle in manhattan. you can't have law enforcement without effective prosecution on the other end. elizabeth: can the mayor stop him? can the mayor stop this guy? can the mayor stop this guy? you're right. eric adams ran on "law & order" platform. can he stop him? >> absolutely did. i think the way he needs to stop him is politically here. the same people that elected this district attorney also elected mayor adams here, a good portion of them did. so he needs to play this politically. lead a recall effort against this guy. it is obviously going against what the majority of those in new york city want to see happen with law and order being reinstituted. defunding police has taken its toll on law enforcement. we see it through the attrition, mass retirements, lack of recruitment.

seen it in poor morale. this is the goal of the left and this district attorney is following suit and that is destablize, weaken the institutions of law enforcement and we're seeing that across the country and that is ultimately of the left. elizabeth: voters will not go, voters will not go for the criminalses first mentality of the democrats. george soros, his non-profit helped bankroll alvin brag's campaign a million dollar's there. law enforcement officials in new york city saying the same policies that alvin bragg putting in place did not work out in portland and san francisco, in chicago, in los angeles, philadelphia, baltimore. it is going to lead to more young lives lost to gang violence and more innocent people being hurt. why isn't it law-abiding citizens first? >> no. and it should be. you're exactly right. what we're seeing here, across the country, which is why mayors are backtracking on this issue,

is we're seeing the people that voted for them, the people that, some of these voters in the beginning also supported defunding police. they're pulling the rug out from under their elected leaders, mayors, we may have supported you in the beginning. we may have thought defunding thing is good idea. now we don't. it is impacting lives. elizabeth: why do we have to suffer through their stupid thought experiments? nearly 100,000 accused criminals in new york city released back on the streets in the 2019 bail reform law. 334 arrested because of violent felonies they committed awaiting trial. we saw that in harris county, texas. that is the home to houston. we had 150 people let out and they went on to commit violent felonies including murder. many homicides as well. so this is a, this d.a., he is a public safety issue. george soros is a public safety

issue. those d.a.s in philadelphia and los angeles and san francisco, philadelphia, baltimore, they are public safety issues. it is time to get rid of them and vote them out! >> absolutely. i couldn't agree more. i wrote an op-ed on this. this is one of the worst social experiments conducted by the left in the history of this country. they are endangering our national security. our homeland security. you know homeland security has a setting that says homeland security begins with hometown security? that is impossible. when you weaken law enforcement the way these politicians have. elizabeth: i'm telling you, minority neighborhoods, immigrant neighborhoods, those communities, they're going to get hurt. chuck marino. great to have you on. come back soon. we hear you. texas congressman pete sessions. gop governors accusing the white house of cornering the market, buying up in bulk covid-19 drugs like monoclonal

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elizabeth: welcome to the show, texas congressman, member of house oversight, pete session. congressman, great to have you on. this debate, gop governors of florida and texas accused the white house of cornering the market and buying up in bulk covid treatments like monoclonal antibodies and pfizer's oral bill. they're buying it in such bulk amount, it is stopping states from making their own purchases. what is the policy fix here? >> true. the administration that was a previous administration, the trump administration, gave them out on need, not on allocation

of 1/5 0th. the covid problem not just omicron, it is hitting some areas harder than others. we need to go back to what "operation warp speed" was about and that is to make sure where it is necessary, it is given. these states, in particular, states like texas and florida want to go and purchase their own to make sure that is available to their and the federal government opposes that. elizabeth: congressman, buying in bulk, the white house is saying a way to manage shortages and prevent bidding wars between the states. the practice was initiated under the trump administration on drugs like regeneron. but the spike in omicron cases reignited this political debate. so you're saying that the way to do it is just distribute it as where it is needed, not divvying

up in terms of each state's fair share? is that what you're saying? >> the federal government under the trump process that we looked at, the federal government for every single bit of the drugs that were manufactured and the president stayed on this to make sure they did do that. we still need these same numbers of drugs that would be available. probably omicron is far, far more easy to transmit and some more people quite likely will have it. we need to make sure as you have suggested, as we believe that is correct, these governors are asking for the ability, the federal government can buy it but don't make the allocation on a 1/50th basis. make it where states are willing to come and purchase them and be prepared for public safety, that's correct. elizabeth: let's listen to florida governor ron desantis on this. watch. >> we're past the point we're

able to get it directly from any of these companies. the federal government cornered the entire market. they basically took control of the supply in september. the federal government stopped sending both regeneron and the eli lilly monoclone mall. elizabeth: could this happen with paxlovid, pfizer's oral pill for covid-19 treatments? the white house is buying 20 million, doubling the purchase what it initially wanted to buy? >> it is happening. they're grabbing up all the supplies. that would be fine if they give them where the need is greatest. to guarranty they pay for these, when private companies manufacture more. we can turn the corner, we can turn the corner on covid with this omicron issue. elizabeth: congressman, copper state say give it to us because our need is the greatest? >> well, the needs that are greatest are reported to cdc

every day. we see where those states are. we see where the needs are. otherwise people would be accusing, as we probably may end up finding out that they are unprepared for this. being unprepared is a very difficult thing when we've been living with this for three years. so i think that the biden administration needs to work closer with the states and give them what they need as opposed to allocation. elizabeth: congressman pete sessions, thank you so much for joining us. good to see you. we can stay on the story. still to come. we have texas governor greg abbott. filing another lawsuit against the biden white house this, time it's a fight over the biden's vaccine mandates for the texas national guard. the white house will face its first major test of its biden vaccine mandate. we're two days away from the supreme court hearing on that. ken paxton is joining us later in the show to take it on.

dan bishop is up next. nancy pelosi's power getting weaker by the hour. 25 house democrats leaving office. we look at eroding power structure of the democrats next on "the evening edit". in addition to the substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. before nexium 24hr, anna could only imagine a comfortable night's sleep

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♪. elizabeth: joining us now congressman dan bishop from house judiciary. it is great to have you back on, congressman. first i want you to listen to this, democrats are ramping up rhetoric, fear-mongering, elections will fall apart, if they don't get reelected. watch this. >> i'm worried if republicans win in the midterm elections that voting as we know it in this country will be gone. if they are able to win the house, the damage they could do, you know, to permanently make it difficult to vote, just alter the way we participate in a democratic process could be irreversible.

so, this may not be, as i said, this is not only the most important election. if we don't get it right, it could be the last election. >> i think we do have to -- up for a vote and the people that are opposing that, whether it is senator -- [inaudible]. we do not have a democracy because of some -- bipartisanship. elizabeth: what, congressman, what is your reaction to that? is it on fire as they're saying? >> liz, good to be with you. i think we're seeing maybe the worst case of political desperation ever witnessed. look at where the democrats are as you said. 25 retirements now announced for next cycle. their legislative program and the build back better center piece is dead. 60% of people say biden is mishandling the economy. worst in 40 years. he said he would shut down the

virus that turned out to be empty rhetoric. things haven't gone well. what is getting ready to happen, the american people are getting ready to make a change. elizabeth: so we also are hearing that house speaker nancy pelosi's staff, that they are now leaving too as reports come in that she will retire after the midterms. you know, have we seen 25 members of any party leaving so much at once? set aside the parties. seriously how bad is it in the democrat party right now? i want to put aside that you're a republican. i want to go right down the middle here. truly, how bad is it for the democrats inside of their party? >> it's early, liz. that is a big number. i couldn't put for you historically exactly what that number turns out to be, comparison to prior years at this stage of the cycle but it's early. it's a large number.

everyone is on the way what is happening. swalwell this is so ridiculous. they say now if they can't federalize all elections in this radical law, they want to pass we'll never have another election. look, it is just gotten to the level of a kind of riddick -- ridiculousness season. november can't come fast enough. we need to get away from craziness, and get the country back to being able to pursue security and prosperity. elizabeth: we're hearing from d.c. sources fact that you have 25 democrats leaving the house that is referendum how speaker pelosi mishandled the position. bullying moderates. shutting down the centrists, right. chris van hollen, rahm emanuel, kristin gillibrand running out of the house towards the senate. "the economist" magazine saying

two years ago. enough, nancy, you built a sclerotic patronage system and you shut down the moderate wing of your party. where are the moderates in the democrat party? final word. >> there are almost none. that is exactly right. the democrats responded to earlier development in virginia this year with youngkin's big victory there by being more radical than ever. that is the course they have chosen and you see, you can see in the numbers, sigh in the retirements, they know what the result is going to be. americans don't want radical leftism in their government. elizabeth: congressman dan bishop, great to see you. come back soon. happy new year to you. texas attorney general ken paxton. we'll take on this story, texas governor greg abbott filing another lawsuit against the biden administration. this time in the fight over the biden vaccine mandates for the texas natural guard. now the white house is set to face its first major test of its

biden vaccine mandate just two days from now at the supreme court. we're breaking it all down next. keep it here on "the evening edit". r mike's den. but super poligrip gives him a tight seal. to help block out food particles. so he can enjoy the game. super poligrip.

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is expected to play sports back of the supreme court friday. we also have this, texas governor greg abbott is suing the white house over biden's vaccine mandate for the texas national guard. the pentagon chief lloyd austin, the general fair warning service members you will be fired if you refuse to be vaccinated. let's break it down with texas attorney general, paxton, great to have you on. eighty-two u.s. troops, 59 border patrol agents dead from covid-19 we need the guard to protect the border, should they be vaccinated? >> you know, it is a sad day when death among border agents are up to 85% because of open border and they are required to deal with this everyday but in the end, it's a personal decision whether they want to be vaccinated or they don't and they shouldn't have to make the choice between their job and their health, it's clearly a violation of the constitutional right.

liz: that's what came down in the federal judge saying for the 35 navy seals, they have a religious exemption brought the first amendment right that they should not be forced to be vaccinated because some of the vaccines have fetal cell lines against their religion. here's the thing, the texas governor saying on vice president biden's federal icing the texas national guard the governor is still commander-in-chief but oklahoma lost the case, the national guard oklahoma has to be vaccinated, how will texas fight this one? >> we have different judges, i have no idea how the court decided they didn't have a right to that choice. i truly believe the governor in charge of a texas guard and national guard until federal law comes into play which says if the president wants to drop the troops for something that he is in charge. before that, it's clear from federal law texas governor

commander-in-chief of those troops. liz: is a true texas has i think the largest national guard, i think 20000 troops there and we are hearing 40% are not vaccinated, is that a correct number. >> i think you've got the numbers exactly right. liz: okay so are you hearing from any members of the national guard that they are uncomfortable working alongside somebody not vaccinated? >> i've never once heard back from anybody in the national guard or texas guard that they are uncomfortable. it's a personal choice, if you're vaccinated, you are as protected as you can be according to scientists but if you are not, it's your choice and i think that's how most people in texas you would, i'm sure there are certain centers but i think that's the view of most texans. liz: you find it difficult to hear armed chair critics or people in the media going after our men and women serving our

country in the army, the navy, the marines, the air force that they are not vaccinated and air national guard saying they should be vaccinated, man up, get vaccinated, you find that offputting or wrong? >> i find it offensive, i have a daughter in the air force and a son-in-law in the united states air force and another son-in-law in the army and to be told they have to be vaccinated and forced into that, no choice at all when this could affect their health forever, it ought to be doctor-patient, not biden administration telling these people who sacrifice for us but they have to be vaccinated. liz: is anybody in the national guard saying they are worried their own lives will be put at risk? i know i asked you but has anybody whatsoever, is there a way to make a complaint they are worried they will be sick by

somebody not vaccinated? >> i've been to the border many times, i've met with border patrol agents and national guard, i've met with state troopers, every law enforcement you can think of, sheriffs, i've never once heard that complaint that they are worried the present not vaccinated somehow will affect them. i think again, most americans and texans believe an individual choice in the federal government should not make the decision they have no right to make. liz: we hear you on that but between your health, we get back, should they be vaccinated because they are dealing with unvaccinated illegal immigrants crossing the border? >> again, illegals should not be coming across in the first place, as a violation of federal law to put the responsibly on the border agents or the national guard to get vaccinated because of federal government filing federal law seems like the wrong place to put responsibility, the responsibility should be on us, our federal government to not let these people in who have covid.

liz: ken paxton, thank you for joining us, appreciate it. come back again soon, we will be watching the supreme court fight, full on coverage of it, the biden's acting mandate at the supreme court friday. terrific to see you, i'm elizabeth mcdonald, he been watching the evening edit on foxbusiness, thank you for watching and we hope you have a good evening. ♪♪ kennedy: 73% of chicago teachers voted to can in class learning so they can sit on their but at home in safety because apparently they hate children. twenty-two months ago the world shut down as your mother, schools right remote and parents estate home to stop the spread but now our people have gotten sick and died keeping it's out of school, made their lives worse, not better and has done nothing to stop covid. suicide attempts 14 girls shot up by 4