smuggling cartel members in militarized gear and uniforms. chad wolf, thank you for your service to this country, great to have you on. i'm elizabeth mcdonald, you have been watching the evening edit on foxbusiness. we hope you have a good evening, thanks for watching and join us again tomorrow night. ♪♪ kennedy: supreme court dealing a huge setback, vaccine mandates, thank god. that's coming up in just moments. first, if you want to know why there's so much covid confusion in the united states, look no further than our vice president. she can't seem to get anything right. today a reporter asked her to explain the administrations pandemic plan of god. her answer sounded like a fifth-grader who forgot a book report was due. >> at what time does the administration say you know

what, the strategy isn't working, we are going to change it. >> it's time for us to do what we've been doing and that time is everyday. every day it's time for us to agree that there are things and tools available to us to slow this down. kennedy: watch? no seriously. what's? she just said and i quote, time for us to do what we've been doing and that time is today. okay? that literally makes no sense. whatsoever. i guess i'll try for the reporter to ask if it's time to change strategy and as i could tell her answer was no. despite record hospitalization and infections and failed tests, utter and complete failure on the testing front.

melvin pushed her on that fiasco, to. >> i think it's a mistake and would be a mistake to suggest we've not seen great progress. if you think back to march of 2020, we were wiping down boxes we got if we order things online. there were no vaccines. now we have a vaccine 500 million tests that will be sent to every american, do we know when those are going out? >> shortly, we've been -- they been ordered. i have to look at current information, i think by next week but soon. absolutely soon and a matter of urgency for us. >> should we have done it sooner? >> we are doing it. we are doing. kennedy: but should we have done it sooner? oh, we are doing it. rates. that time is everyday. is it just me or did she try to take credit for the vaccine rollout? no offense madame vice president but the previous administration

did the leg work on the vaccine so what exactly is she talking about? and somebody translate please what we just heard? tonight's party panel, media podcast host and spectator usa contributor editor, stephen l miller. got democrat strategist former biden campaign surrogate who's the author of every great love portrait painted by man, kevin walling. believe me, i know it. the foundation for economic education and host of beast, hannah cox. welcome back, everyone. great to see you all. testing has been a total failure as we know, stephen l miller and greg, bless his heart, he was just trying to get a straight answer and was this a tough interview for the vice president? you think they assumed this was

like going into the lion's den there would be potential evisceration? >> there's nobody left in her office to advise her against not doing things like this. this was the today show, clearly set up as an easy kind of interview, it's nbc, a friendly network to these guys and she didn't prepare for the test it seemed like. she really comes off most of the time like lucy pulling her own football out from under her, i can't imagine, the good news is this happened at the beginning of a bad day of this administration so she might get off the hook on this. i can't imagine who's reassured by any of us, i'm sure kamala during this interview, she had this look on her face where she was picturing herself back in the senate sitting there going i could have held this seat for the next 30 years but instead i'm here trying to remember

answers from the test. kennedy: she's not good at the answers and that's not a good thing because you have to be able to think about something in the moment and sometimes you have to give a spontaneous answer and take all the information you've been given and you have to respond also while looking forward, that's what leaders do especially those who wield tremendous power over their constituents and the economy but she can't answer basic questions. i'm going to read it again because it's a phenomenal quote, time for us to do what we've been doing and that time is everyday. kevin, please tell me what that means. >> i mean, it's the best of selena meyer right there, it's a funny quote. kennedy: she's from your party, you know that right? >> i understand that. we need clear leadership out of the white house, we had a clear program this morning with secretary of defense, the ods role with the testing but this

is a serious concern for americans in terms of access to testing, 15 million tests a day, that's not where we need to be and we need more guidance in terms of when the 500 billing test will be released. the website to some degree goes live tomorrow in terms of the tests to go out but certainly the administration will be judged not just on the testing issue but how we deal with this variance going forward so i need a lot of residential advice and leadership in this administration. we are seeing it from the president this morning and just need more clarity. kennedy: we need a lot more clarity than clarity. the only thing that would work at this time is if the federal government just got out of the way. it's hard to screw up this much especially when we ran on and one on picking apart with the past administration had done and the failures, their covid failures and that's why people voted them in office and they are completely blowing, more people are getting sick and

dying and they said they would shut down the virus kevin brings up vp, do you think the writers of her are kicking themselves that they didn't come up with these storylines? >> i need you to tell me, are weeping plunked? if we are -- this is the best writing i've ever seen, it's hilarious. they can't put two sentences together and yes, they want confident and for them to eradicate a viral disease, their policies have never been able to eradicate, nothing but compound the problems and create secondary issues and now we're supposed to trust them. it's an urgent matter for them, the vice president should at least note the date in which we get the test set of continuously trying to gas like the american people have tell us they been doing their job what they've been doing is working in the audit under control. nobody should have any say, they are never going to solve the problem, we just need them to get out of the way and let us handle it because it's funny

that this happens in a tv show, it's not that funny when it's our lives and our country. kennedy: that's what's scary, you almost feel bad for them and then you remember how much power they have over your life and save taken that power and haven't made your life better. is your life better now than it was two years ago? if it is, good for you, i'd like to high-five for you but a lot of people out there have gotten covid after being asked relief is nowhere around the corner, i think the answer will be a resounding no. another covid saga turns out some of finally getting something right, isn't the white house. ncaa delay announcing it's changing the definition of fully vaccinated to include those who have had a positive covid infection within the last 90 days. i've been saying this all along, if you had covid, you have

antibodies which means you have some degree of protection. for now the update only affects winter sport athletes like basketball which has been decimated by covid protocols and comes after more than 220 men games postpone or cancel because of the search now that the ncaa is doing it, felt other organizations follow suit? we did a funny story last night about italy where people are trying to get covid because if you've had covid, it proof of vaccination, you don't have that in this country. up-to-date vaccines according to fox fauci on the means shot in a booster, it needs very antiscience. >> i wrote on the nfl last month leading the way, better scientists in our federal government by saying if you are a player tested positive with no comes, will still let you play there's a good step.

if you have the ncaa taken another step which is natural immunity from of the happiest people in the world, college athletes, fair in better shape than any. we are taking the happiest people in adjusting this to the way it should. but not get ourselves -- this is about march madness coming up and a lot of money writing about tournament and they don't want that affected but i'll take what we can get at this time. kennedy: it's not just basketball. the bruins i believe they've only played three games, men's basketball team and men's football team were supposed to be the holiday bowl and had to pull out hours before because of covid protocols so there's a lot of money on the line and sometimes we have to follow the democrat who said we are going to have to live with the virus. shutting down sports across the

board is not living with the virus. >> we are still sending athletes to china for the olympics. kennedy: don't get me started on china, please don't. >> we don't want to go down that route right now but we had a conversation about this before christmas i was in agreement with you as a democrat on the panel we have to look beyond vaccination status but also talk about varying degrees of immunity and antibody testing because that can also be a strong defense against not just the original variant at the shores but other variance including delta and omicron. hopefully with you obviously being vaccinated and boosted and sadly getting the omicron variant, high level of antibodies in your system that will provide a lot of protection, we need to wade across the board in a one-size-fits-all solution in regard to vaccine, that's an

important component and necessary component but we also have to look at varying degrees of immunity because of infection as well. kennedy: i think pfizer in madera are paying fauci under the table because he's not even considering natural immunity but haven't people been saying this for two years now? if you have the virus it has to count for something? >> people have been saying it and getting kicked off social media. grandpa got kicked off saying they wish they were his neighbor and wanted to come beat him up because he was a jerk for even suggesting that. is something people were silenced for saying for almost two years but the real data has always told us that, anybody could have looked at this and known this two years ago. we are seeing the people benefiting from this entire industrial complex around covid who are getting more and more powerful by the day are having to admit what they've been doing is not working, the american people are getting fed up and

pushing back so now we see them admitting the things we know true years ago and i guess better late than never but we deserve answers and accountability, people they pushed out of jobs and kids they've stolen education from, all these policies. enough is enough and people should be outraged over this. kennedy: half of california small businesses, the ones that closed, closed forgot so those are real ramifications gavin newsom doesn't talk about when he preens around your next president. party panelists sticking around, have a good game tonight, brand-new so we'll get to that in a bit but sound the alarm, friends. freedom wins today of a setback for the white house supreme court tonight blocking present biden's vaccine mandate aimed at large private companies. justices are letting the mandate stand for most hospitals and health workers. jen psaki said it's now up to the businesses to step up.

>> supreme court's decision on the osha mandate essentially means the pandemic is up to individual employers to determine whether workplaces will be safe for employees and whether businesses will be safe for consumers the president biden lessee and his statement will be calling on and continue to call on businesses to join those who have stepped up. kennedy: they can choose to do that for themselves, that's what the supreme court is saying. businesses struggling as it is so how will this pan out and did the top court make the right call? here to discuss, cato institute constitutional studies, ilia schapiro is here. this is a distinction between who has jurisdiction over the mandates because majority of the court -- who is it? is it over each? >> that is my 6-year-old banging on the door despite the on air red light being on outside so just another one of those

pandemic zoom tv moment. kennedy: i brought my bulldog to work and he was barking throughout the whole segment so i'm there with you. [laughter] osha completely overstepped the boundaries of what they are tasked with by saying corporations with over 100 employees must require the employees to either get maxed or tested but what they did say because hhs has domain over healthcare workers, that actually stands, what does the ruling mean? >> luckily i don't have to make a living predicting what the supreme court does but based on oral argument, i mailed this and am proud of myself for that. this was telegraphed frankly by the cdc eviction moratorium ruling for the court said this brought statute doesn't give you give us awesome power to affect the lives of 100 million

americans. setting aside constitutional issues not on a libertarian tangent about limiting constitutionally, just look at the osha statute, you can't tell me congress which during the pandemic has not imposed of specific acts mandate and all of a sudden has done that through the general terms, it's too much and we won't let it go so is a good thing, there are limits on federal power statutorily. on the healthcare worker side, it's a different type of question because the government can attach strings onto federal funding in this context. i agree this was a five to four decision with kavanaugh and roberts joining the liberals but i do agree that all of these prison visions the health and human services secretary can attach strings and do this or that but all of that don't form to numbers where in the interest

to see if you get this awesome power again, 10 million healthcare workers to get vaccinated but as litigation continues, the court says the general private sector mandate is no good but more targeted funds maybe. we will see if osha goes back in the biden administration and other want going back to the drawing board, i imagine the general will take away on planes twitter privileges because not did not help the chief of staff tweeted it's a workaround, a workaround what? the law, that didn't help but that's where we stand going forward. kennedy: i don't know ron claim is necessarily the most competent person who's ever been presidential chief of staff, not helping his boss or the administration or the country but this is good news, how are corporations going to ingest this ruling? >> it means they do not have to enforce it. the real drop deadline is

february 9th when they started fines and other enforcement mechanisms against the private sector. lots of private companies to have their own private mandates and not a different issue, people have raised religious or other objections to that, different than the federal government trying to force them to do that. in the private sector it is your company, you can set the rules and large part but federal government cannot and one other thing to remember is this is different than most of the pandemic related rulings we seen from the supreme court which is related to state municipal local restrictions on religious services or business or mandates of other kinds because states have a general police power or man featuring sting but regulatory power for public health and safety which just is

confused about this friday the federal government does not so you look at the text of the federal law issue and osha will have to try again. kennedy: she's going to have to go back and do light reading especially when it comes to misinformation she's spewing during oral arguments. good to talk to you. >> my pleasure, take care. kennedy: we love the constitution. a new report from michigan, devastating details on the states nursing home death numbers. while government at the poop? charlie returns from a breakdown next. ♪♪

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what is michigan democrat governor hiding? we may be able to finally find out, coming monday they auditor plans to release a report on nursing home covid that's in michigan, preliminary report reveals the state undercounted nursing home and lawn care facility deaths by 30%. that puts governor witmer on dirt bag x governor andrew cuomo concealing the truth almost two

years into the pandemic we are finally getting numbers thanks to heroes like my next guest, he's been tireless in this pursuit, author journalist and host of no news hour, charlie, welcome back. >> can i write off incorrect you? watch this, three out of ten bodies vanished. when you add the three out of ten bodies into the total count, it's now 42%, that scumbag ville. that's an outrage. kennedy: she did something different in new york state. formal did a shell game where they said if they've got covid in the hospital, we will say they died over there, we are not going to say it was a nursing home death if they died there but you have been chasing the data for over a year now because they weren't even compiling the

bodies and numbers to begin with. >> wobble lie and withheld information. the state never bothered keeping it, i got the document, during the pandemic, two years now. they tried a couple of times to figure this out. in ohio, they dropped the matter because it was too time-consuming. when i sat in studio and started listening to your show, you talk about children's well-being, their education our businesses, we all got together to protect these people. you're making decisions and ignoring them. we did the fed to comment is what i think. kennedy: absolutely. the reason we shut down society was to protect people who couldn't protect themselves. >> they all knew it from the beginning, it was the elderly people in the institutions. here's another thing about new york.

cuomo new in may of 2020 that his co- mingling sick people with healthy old people was very that he stopped doing it. remember? kennedy: oh yeah. >> two weeks later witmer, copying him, doubled down on promising we the people of michigan, science and data now we know there weren't any data. kennedy: they didn't even care enough to keep numbers. that's what's so frustrating talking to you throughout this pursuit, obviously you are not surprised about these numbers. the rest of us are in look at this and go okay, originally it was 5675 deaths, you add an additional 1036 onto that number, that's a lot of people and families who heartlessly have had those deaths and back pain mast and whitewashed and taken away so what happened to

gretchen now? what can the state of michigan do? in california they can call people and new york ramos was forced to resign mostly over sexual harassment claims, what happened with gretchen witmer? >> let me do this quick, these numbers go to july, six months in the pandemic, 5600 people from of the numbers over 8000. it's half of new york, everything that happened in new york is half in michigan because we are half the size, everything in new york happened here so what happened in new york? the media who played along with cuomo, gave them the enemy, happy to be with you, got caught with their pants down because they aided and abetted him. the only reason warm up got on was because the liberals in new york press were angry and #metoo rafe hands, i don't think witmer grabs -- but we do know shaking

down people for airplanes, we do know she's playing funny with the finance money we do know our attorney general does not have the guts to open an investigation like the new york attorney general did so what we do? i'm going to keep hammering, that's what i'm going to do. i don't know what else. got an election coming up. they are floating the results of the audit that's not even available to the public, : reporters, week something to them but nobody knows what they're talking about. it comes out monday and there will be hell to pay and i'm waiting for because you know sister, i told you all the way to the supreme court i got the document, we are going to -- you knew, witmer. you all knew. they did. kennedy: and you've been talking about it from the beginning as the case has unfolded because of your hard work. we want to hear more, thank you so much, charlie. >> thanks for having me on. kennedy: coming up, game night.

new one called over, under. you can play along, it's happening next. ♪♪

it's like we had a baby with the playboy playmate. place your bets, america, time for your favorite new gambling guessing game. over under. what you chuckled on this one. i'm going to ask our panelist, over under trivia questions about money. top culture, history and science to see if they can crunch the numbers and beat the odds. whoever gets the most right answers will receive yet to be revealed cash prize. all i can tell you is it will be either over or under $1 million.

are you ready to play? kevin and hannah, there think all. she is ready. stephen, here's your first question. are you ready? okay. what was the cost of the latest international space station toilet? over or under $20 million? it's a toilet. >> over. kennedy: that is correct. 23 million. but just barely, it's quite a pooper. >> this is an amazing game already. [laughter] kennedy: that's why we love you, you are so nice. kevin, here's your question. >> space and boot. [laughter] kennedy: and will end with a, too. it's thursday. how many cars does comedian jerry "seinfeld" own? over or under 165? >> goodness gracious, yada yada yada. under 165. kennedy: you're on the board. he owned 150 cars.

150 big ones. i'd love to drive just one of them. all right, hannah. >> i have performance anxiety but i think i'm ready. kennedy: your name is -- i just realized that. how much did jay-z and beyoncé pay for their bel air manchin, over or under $65 million? >> over? kennedy: you if you are right, everyone is on the board, holy crab, this has never happened. $88 million. >> i saw jay-z hiking trail in brentwood not too long ago and i was like hey, jake. he was like hey, what's up? it was obviously he had no idea who i was but he was very nice. here's your next conundrum, what was the sale price of the most expensive bottle of wine ever sold? 1945 -- over or under $900,000?

>> i'm going over on that, of course. kennedy: you would be wrong. 558 grandma. good wine should -- i'm surprised by that, too, i would say $2 million, "what the hal" do i know? wanting to be a key see, the american kennel club how many recognized dog breeds exist in the world? is a over or under 160? >> that's a good one. i want to see the pup on the set right now, to if that's possible but i think it's under. kennedy: it is over, 197 breeds and a bunch of dogs like you should only rescue dogs because. breeds -- lala law. >> both are important. kennedy: every one is sacred. before he died, how many times was larry king mary?

the over or under is nine. >> i think it's under, but probably close. kennedy: you are so good, tied with stephen, he was married eight times. eight times? eight times. larry, always trolling for a broad. you want to get married? i wish i did, i don't know if he had a fortune but i would take it. stephen, how many number one hit songs did the beatles have? the over under is 22. >> you give me a music and a boomer question? i'm going over just because, whatever. kennedy: 20 songs. completely overrated band, i don't care who knows that. [laughter] >> give me an mtv '80s questions next time. kennedy: all right, we'll see. shots for everybody. kevin, how many academy awards

has meryl streep one, over under is six? >> she's been nominated more but i don't think she's one -- i think it's less. kennedy: that is correct. you are now all tied. she's 13, still a big deal. one less than me but still a very big deal. [laughter] hannah, what is the listing value of the world's most expensive comic book? comics number one, is it over or under 5 million? >> comics are hard, i don't know them at all but probably over five. kennedy: it's actually under. 3.2 million, you could have taken that 1.8 million and bought three bottles of stevens wine. that's okay, you're still all tied it to a pretty final-round, a lightning rod worth two points each. stephen, how many different instruments to print by on his debut album? the under over is 14.

>> i asked for a genuine '80s question and i get one. i'm going under, i think it was 11 . kennedy: kevin, this is worth two points. how many languages can shakira speak fluently? the over under is three. >> over. kennedy: correct. hannah the best you can do isn't tie it how many different colors brands of crayola make? the over under is 165. >> i'm going over. kennedy: kevin is a winner. fourteen of my dollars, he also wins my heart eternally. thank you party panel. collect and respect, thank you all so much. >> thanks, kennedy. kennedy: prince andrew up the creek without a panel. i judge refusing to dismiss a lawsuit claiming he sexually abused a 17-year-old girl. his day in court, that next. ♪♪

♪♪ kennedy: prince andrew looking royally smooth, manhattan judge ruled the sex abuse lawsuit against him by a jeffrey epstein accuser can proceed. the today the queen of england revoked his military titles and royal patronage is, he'll defend himself as a private citizen so how much legal trouble is he really and? joining me now, attorney and northwestern law professor, he's back. this is obviously earth shattering for prince andrew, hoping he could hide behind that 2009 agreement virginia robert sign with jeffrey epstein awarded $500,000. the judge clearly in this case

said the agreement does not cover prince andrew. what does that mean for him? >> it's great, it means print andrew is likely going to go to trial probably by the end of this year end given these allegations in the lawsuit, he faces real legal peril. bad news, he faces civil legal peril and the 64000-dollar question is, where are the criminal charges? how can a private warrior on behalf of the defendant has to pursue the cases criminal authorities aren't doing anything at least yet? kennedy: now he's a private citizen, what the outcome of this, say he's found liable and the outcome does not go in his favor, is not when criminal charges follow? >> i sure hope so. to the extent a civil lawyer has to provide a criminal roadmap federal prosecutors in new york that's really pathetic but if that's what it takes, great. let's do it.

look at him sworn in, deposition taken in unlike a criminal case, you can't plead the fifth, he has to testify or he'll be in a lot of trouble. kennedy: she says she can vividly describe his -- what does that mean for his position? >> it's bad news because common sense will tell a jury if she has that knowledge, three instances where she says she was raped by him tends to hold more credibility and that's what this is in this sexual assault lawsuit, it's a credibility contest between her and prince andrew and we'll see through the deposition the trial whose version of truth comes out. kennedy: the queens version of the truth, her lawyers are saying they may depose the queen, is that likely or possible? >> well, it's not likely but it's a wonderful job by the victims lawyers who have

generated leverage, the victim's lawyer said we wanted to post the queen and meghan markle and these other things you do. yes, you want the testimony but you want to make it as uncomfortable as possible so prince andrew opens up textbooks and uses that 50 to 100 million net worth to make the case go away. kennedy: he will be deposed under oath in the uk, do u.s. laws apply in the instance even though he be in great britain? >> absolutely and a great way to get around statute of limitations to the extent he lies in this deposition he could be charged for obstruction of justice, flying, the old perjury trap so it's a very important deposition and his interview was a disaster a couple of years ago, if he does something like that on deposition, it's game over. kennedy: and a lot of the content of the interview will be brought up in that deposition. we will see if he lies there.

thank you, great to talk to you. >> anytime. kennedy: topical storm is next. ♪♪

a new study claims truck drivers

of used cocaine mayor more than marijuana. and that's the memo. [laughter] inside the lines. that's one way to keep on trucking. [laughter] this is a topical storm. topic number one. a new program encouraging citizens to vent frustrations by spray painting cars and smashing them with hammers. here in the u.s. we call that bail reform. in the netherlands, it's called car smash. the cup with anxiety of government lockdowns encouraged to go to this auto wreck center and spray paint the vehicles. isn't that we are? they break the car sledgehammers in order to get the anger out of their lives. something only got, also a program called reach of the beach for the dutch cannot there block out steam by shouting into the wind, constantly it's also the republicans 2022 campaign strategy. the wind being joe biden's not

smart. topic number two. using the man which with doctor, he had a feeling in his head and discovered he had a cockroach living in his ear for three days. that explains why is year was a bugging him so much. [laughter] manhattan man went to a different doctor and told him the sensation was just antibiotics and the doctor said he's sorry now. he decided to change, doctor parking in new zealand, the clogged feeling continued, the man was suspicious there's might be something living inside of him and more suspicious when the cockroach tried to move tiny furniture into his ear and even more when a cable guy showed up to set up a home entertainment system in his canal. [laughter] that poor pastor. i really feel for him.

a lot of protein in there though. kim kardashian accused of perpetrating crypto currency pump and dump scheme in her defense, meant happen running the scheme on her for years. [laughter] class action lawsuit accuses kim kardashian boxing champ and former nba star peers tricky dollars into buying a crypto coin selling their own shares as the price went up or as they call it on wall street, a weekday. the stars were paid to say they made money with the digital currency and recommended it to fans after their endorsement shot up in value by more than 13 100% but then the suit claims they dumped it in value plummeted, 20 which is exactly what kim did to ray kate and reggie. angry investors are demanding their money back accusing the celeb of lying about the investment on social media.

kim said that's absurd. the only thing she lies about on social media are her hair, eyelashes, cheek, lips, hips, chest, calves, thighs, but, waist, skintone, family, personality and intelligence for starters. speaking of bloated butts, it's time -- [inaudible] at kennedy nation, why do you exist? oh, an ontological question. go back to feeling up hobos. another tree, you're not funny, goodbye was she looking for joy read? on channel. at kennedy nation, you are going to kill people with this were to follow it. come on, it's not the exorcist.

i was a little hung over, too many tnt's. let me barf in peace. another, your dog is the most interesting thing about your show. here, here. oh god. interestingly, carl, the name of kat timpf french bulldog, he wrote that e-mail, i know it. ♪♪

>> thank you so much for watching the best hour of your day. we had a great week. share your stories. great podcast dropping tomorrow. kennedy saves the world. can't watch the show. dvr it. every day. kennedy. >> airports. all important mainstays that keep america mobilized. from dusty airstrips to sprawling multiplexes, these aviation centers keep our countries connected. pulling it off taking mind pulling it off taking mind constantye vigilance. and a lot of elbow grease.