>> we had so much fun. can't wait to see you tomorrow. join us again and we'll show you the all american christmas tree. >> of course, watch me on the radio on fox nation. >> listen to radio. >> they need to come out for david perdue and myself for what's at stake in this direction. >> you can't tell the difference between washington back rooms and corporate boardrooms. my opponent represents the worst of that kind of problem. >> sandra: the battle for control of the senate taking center stage in atlanta last night. republican senator kelly loeffler facing off against raphael warnock in their first and potentially only debate ahead of january's georgia senate runoff. the nation's future is at stake.

i'm sandra smith. hi, trace. >> trace: good morning, everyone. i'm trace gallagher. loeffler hammered home her opponent is a radical liberal. warnock side stepped questions about defunding police and court packing. democrat jon ossoff appeared alone on the debate stage after senator david perdue opted not to take part. >> sandra: president trump rallied for loeffler and perdue over the weekend urging his supporters to turn out in droves. >> president trump: if you don't vote, the socialists and communists win. they win. georgia patriots must show up and vote for these two incredible people. >> sandra: fox team coverage. brand-new analysis from byron york. we begin with jonathan serrie live in decat you are, georgia, this morning. last night's event drew a national audience. how did it influence the debates? good morning. >> good morning, sandra. both candidates were keenly aware that much of their attention and much of their

financial backing is coming from out of state and so this debate focused largely on national issues included covid-19 and economy. watch. >> your writings and teachings, you have repeatedly praised marxism and the redistribution of income. can you here and now for all georgian as renounce socialism and marxism? >> i believe in our free enterprise system and my dad was a small business owner. >> in a separate debate georgia's other republican senator david perdue didn't participated and represented by an empty podium as jon ossoff fielded questions alone. >> your senators feels entitled to your vote. your senator is refusing to answer questions and debate his opponent because he believes he shouldn't have to. he believes this senate seat belongs to him. the senate seat belongs to the

people. >> shortly after the debate the perdue campaign released this statement quote, tonight we witnessed something we did not know was possible, a candidate lost the debate against himself. sandra, today is the last day that georgians can register to vote in the january 5th senate runoff elections. back to you. >> sandra: jonathan serrie on that for us. thank you. >> trace: a new stay at home order is now in effect across 85% of california affecting some 33 million people. meantime los angeles mayor eric garcetti and other local officials are facing backlash over the strict rules like in this viral moment from a frustrated restaurant owner. watch. >> i'm losing everything. everything i own is being taken away from me and they set up a movie company right next to my outdoor patio which is right over here.

and people wonder why i'm protesting. >> trace: william la jeunesse is live with the latest. what was mayor garcetti's response to the viral video? >> he said nobody likes restrictions but with hospital beds running out it's necessary. he didn't talk about the double standard. hollywood actors eat side-by-side but everyone else cannot. >> i came in to bags of groceries to my employees and saw a 200-person tent with tables set up and a catering truck in the same parking lot within five feet away. 20 steps away from me. >> two regions on lockdown. down to 6% of icu beds available there. the valley epitomizes the essential worker, farmers,

pickers, drivers. they provide america fresh food and vejs tabls in winter. fresno alone only six icu beds are open for a county of one million. average daily cases jumping 600% in two months. hospital admissions 400%. daily fatalities 300% in one month. right now one in every 10 who take a covid test here come back positive. here is the bad news. after becoming infected it can take 14 days to show symptoms. another week before being hospitalized. another week before the icu for some. thanksgiving was just 11 days ago meaning the holiday surge when 48 million americans traveled have yet to show up in the data. it's why the county health director said yesterday we're about to see three weeks of devastation. back to you. >> we'll find out. william la jeunesse live in los angeles. thank you. >> sandra: for more on this let's bring in byron york for "the washington examiner" and fox news contributor. our heart goes out to all these

small businesses that are struggling to survive. while we see the surge happening in states like california, obviously something has to be done but how can we watch as these small businesses have to shut their doors, they lose out on any food that they have, it goes bad, they can't serve, they can't employ people that they have on staff. it just continues to get worse for them. don't we need to get more help out to them? >> well, that's the huge debate on capitol hill right now. and nancy pelosi, speaker of the house who had been blocking a lot of this aid, turned around, flip-flopped in the last few days and said that she would be in favor of it because joe biden will be president. for so many of these business owners this is particularly tragic because they've seen this before. going back to march with 15 days to stop the spread, they

had to close down their businesses for a long time. they saw how much that damaged their economic standing and they were able to reopen and get some -- not all, but some of their revenues back. now they're looking at it happening again. they know what's going to happen if this shutdown spreads. >> sandra: here more from that restaurant owner angela marsden whose plea went viral over the weekend. >> mayor garcetti and gavin newsom is responsible for every single people that does not have a job, and all the businesses that are going under. and we need your help. we need somebody to do something about this. >> sandra: just tears at the heart strings, byron. >> well, those concerns are real and it is absolutely astonishing that the congress has not been able to agree on a

basic aid package for people like that small business owner and millions more and millions who work for those small businesses. the idea that you could have this economic downturn and everybody knows the reason. it is coronavirus, not somebody's bad tax policy decision 10 years ago. it is coronavirus. and yet congress after passing an initial large package of aid, they knew it was going to run out and they haven't done it. it is absolutely astonishing. >> sandra: bernie sanders had also an emotional message on a much different topic talking about these georgia runoff races. he says winning georgia will help biden become the most progressive president in history, byron, listen. >> you told me several times over the last few months since you left the presidential race that your goal is to get joe biden elected and then to make him the most progressive president in history of the united states.

>> absolutely. and it is -- we're all working as hard as we can to make sure that the two candidates -- democratic candidates win in georgia and we'll clearly have a profound impact on everybody in our country with those two elections. >> sandra: that was his message. in your message in your newsletter this morning it struck me you are writing about the president heading down there, get out the vote message. you highlight the way he made it about himself but you say there is a lot more to the story than that. >> well there is a lot of talk before the president went to georgia he would spend the whole time ranting about the presidential election and all about himself and he would undermine the candidacy of david perdue and kelly loeffler the republicans running for the senate in georgia. he did talk about the 2020 campaign absolutely, but he spent a lot of time pushing

republican message in georgia urging georgians to get out to vote to do it with mail-in ballots if needed and said if they did not, then what bernie sanders said would happen. that progressives would control washington >> sandra: byron, it's a lot to take in. it was a big weekend for all. we'll continue to watch both of those stories as they play out throughout the morning and the week. appreciate it, thank you. >> trace: fox news alert. new york city bar owner arrested again as he tries to keep his business alive. he is still fighting tough covid restrictions. where does the battle go now? his attorney will join us with that next. plus the president's legal team did klairg a big win for honest elections. what it could mean for the trump campaign ahead. >> president trump: all i can do is campaign and i wait for the numbers. but when the numbers come out

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you've lived here two years. the personal attacks aren't helping, karly. don't you have like a hot pilates class to get to or something? [ muffled scream ] stop living with at&t. xfinity can deliver gig to the most homes. >> sandra: fox news alert. the virginia military institute is starting the process of taking down a statue of

confederate general jackson who taught at vmi before the civil war. it will be moved from in front of the bare yaks to the -- they voted to move the statue after black cadets claimed racism on campus and led to a resignation. >> trace: mac's public house fighting to stay open. the co-owner of the bar has been arrested for the second time in a week. this time accused of hitting and injuring a sheriff's sergeant with his car. here is the attorney for mac's public house. i want to address the arrest off the top here. the sheriff's department says deputies identified themselves to him and he got in his car and ran over a deputy breaking both his legs. address that and critics who say you know, lou, in seattle

the autonomous zone there when those protestors began getting violent with police it quickly turned public opinion against them. your thoughts. >> trace, thanks for having us. that is nowhere near what happened. first of all, the officer that was injured, the sheriffs officer this was not nypd. the sheriffs officer that was injured did not break his leg. he injured his ankle. we don't know the extent of his injuries but it is not two broken legs. it was a phony reless from the sheriff's department to churn the narrative against us. let me tell you what happened. he was leaving his bar by himself at 12:20 on saturday night. he was not confronted by sheriffs dep sees in front of the bar. he was not confronted a block away. he was confronted two blocks away on a dark street where he had parked his car and they didn't come up in front of him,

they were not dressed as officers. they came out behind him between two parked cars, two big, burly guys and yelled hey, pressee and started chasing him. he ran down the block. got into his car. the officers by no means had their legs broken or were they run over. we have -- >> trace: let me just jump in and say the police have a different perspective and it will play out in the courts. presti was arrested and now released. what shis goal? you are going forward with the protest. keeping mac's public house open. what's the goal here? it doesn't appear that new york authorities say you win we'll open everything back up. >> we would have two issues now. we have the criminal issue and we have the civil issue of mac's public house. the nypd, let me assure you,

the nypd did not have this arrest. it was done by sheriff's deputies. >> understood. >> as far as the going forward with mac's public house we'll have an announcement at 11:00 today. the guys want to keep the fight going with mac's public house and keep the support of the restaurant, their fellow restaurant and small business owners. it is sad, trace. this was about a cheeseburger. we're talking about serving cheeseburgers and beers. it has come to this. obviously we don't want anybody ever to get injured. but this was a political hit job to change the narrative. >> trace: you are right it is sad. there are businesses around the country that are losing their workers and losing months and months worth of wages and bills and they can't pay them. i get it. here is the thing. in california, los angeles, shut down the restaurants as well and what the restaurant association did there was they went to court and they went to a judge and they said look,

this county does not have the science to back up closing restaurants and the judge agreed and now a judge has to come out tomorrow -- the county has to come out tomorrow and prove that they actually have the science behind closing restaurants. why not go that route, lou? why not go to court and fight your fight and try to get these restaurants open instead of this microcosm fight of mac's public house? >> trace, we did that. we did that already. we did that months ago and weeks ago. we filed a lawsuit. that's exactly the way we went. judges ruled against us and they said the judges said that they couldn't -- that it wasn't part of their job description to overrule what the governor had done. we're about to file again and about to bring another appeal. that was the first route we took. >> trace: all right, lou, listen, i know the fight goes on. we'll keep everybody posted about this and we will maybe

hear from danny again at some point during this week. thank you, lou, we appreciate it. >> thanks, trace. >> sandra: the senate runoff debate turning to covid stimulus last night. senator loeffler saying it is far left lawmakers like bernie sanders and alexandria ocasio-cortez that are keeping americans from getting the help that they so desperately need. maria bartiromo will break that one down for us next. plus santa ditching the chimney for something more thrilling. people got to witness this just ahead. ♪ santa claus is coming to town ♪ (♪ )

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to put the world on pause. lindor. made to melt you. by the lindt master chocolatier. >> trace: president trump's legal team celebrating a win in michigan after a judge allowed an investigation into some voting machines. john roberts live on the north lawn. good morning. what's the latest from the trump legal team? >> good morning, to you, trace. the trump legal team continues to fight but they are beginning to run out of time because a week from tomorrow, december 14th is the date the electors meet to determine who will be the next president of the united states. so far despite the fact that voting irregularities have been discovered the vote count still shows joe biden with a lead over president trump. what you were talking about in michigan. a man challenging a marijuana

retail ballot initiative was allowed to look at 20 dominion voting machines. he invited the president's legal team to accompany them. they planned to spend eight hours examining those machines. no word yet on what they found. yesterday rudy giuliani, who has since tested positive for coronavirus, and is in georgetown hospital told our maria bartiromo on sunday morning futures the case could go on past the day. that the electors vote if it gets into the supreme court. listen here. >> well, i think the pennsylvania case probably is a week away from being put together and argued. i don't know when it will get decided. that case challenges the definitions and changes in the definitions of pennsylvania made in its law and the way it applied it and the way denied constitutional rights.

>> he has been traveling country leading the challenge. at some point he came in contact with someone who had coronavirus and he became infected. the president tweeting yesterday afternoon quote, rudy giuliani, by far the greatest mayor in the history of new york city and working tirelessly exposing the most corrupt election has tested positive for the china virus. get better soon, rudy. we'll carry on. giuliani with a brief word on his condition tweeting thank you to my friends and followers for the prayers and kind wishes. i'm getting great care and feeling good. recovering quickly and keeping up with everything. as for the legal battle. prayers for mayor giuliani. the trump legal team will continue our work to fight for election integrity. we have a great local team and our work won't be affected and we press on. count all legal votes. saturday night rally for kelly loeffler and david perdue the president said he would

graciously concede the election if he believed he lost. but that he doesn't believe he lost. listen here. >> president trump: and i have to say, if i lost, i would be a very gracious loser. if i lost, i would say i lost and i would go to florida and i would take it easy and i would go around and i say i did a good job. but you can't ever accept when they steal and rig and rob. >> trace: we may hear from the president at noon he will president a medal of freedom. like the lou holtz presidential medal of honor next week it's possible the president will invite us in and could take some questions. >> trace: a lot of possibilities there. john roberts live on the north lawn. >> monday. >> trace: nothing is impossible.

>> targeted relief that would have gone to hospitals, to schools, to families, to small businesses, that's what i've been fighting for. that's what the democrats are holding up. i'm not going to stand by and let that happen. >> sandra: that was kelly loeffler blaming democrats for the stimulus stalemate at last night's big debate. maria bartiromo joining us now. we know that there are so many americans who need this help out there. where does it go next? >> it looks like they are agreeing, sandra, to this $908 billion stimulus package. this is less than half of what initially the democrats wanted but suddenly you hear some camaraderie talk coming out of speaker nancy pelosi with her conversations that she said she had with senate minority leader mitch mcconnell. we'll see what happens here.

wall street believes we'll see a deal before the end of the year. that's what nancy pelosi is saying and it is including a lot fewer things that the democrats had their hearts set on but $300 as opposed to $1200 in unemployment benefits. it does look like they would like to get something done. they know people are hurting out there. we see it. we see industries shutting down. restaurants taking it hard with even new lockdowns put in place right now this morning in california. >> sandra: what aoc has to say about all this, we know she and bernie sanders saying it's about those direct payments. they want another round of that $1200 direct payments to the american people. aoc says this is where she stands. covid relief needs to directly help everyday people. people need stimulus checks and -- basically kelly loeffler took this on on the stage in a big way and pointing all the blame at democrats for why we are where we are. listen.

>> look what democrats have done. they have stood for stonewalling relief that i voted for twice in this senate to deliver relief to families, to farmers, to schools, and hospitals. they are playing politics. that's what they are using their lies to cover up. the fact they don't have a positive agenda to lift georgians up. >> sandra: seems everybody agrees something has to get done. this situation is not getting better. >> unfortunately, sandra, it is a lot of politics. i spoke with mick mulvaney on mornings with maria on fox business. he said the first stimulus package the republicans were talking about before the election did not work for nancy pelosi politically. she thought it was not in her best interest politically to agree to do anything with the republicans. now given the fact that it could help her politically going into the january runoffs, then well maybe she will agree to something lower in price. that was mick mulvaney's take

on it. unfortunately politics has gotten involved in everything. here as well. this has a much bigger impact because so many people are hurting and we're still in the middle of this pandemic. >> sandra: it is devastating. as you are talking all this video of close signs on small businesses across this country. now 85% of california shut down, maria. i know you hear the stories. it's tough. we hope help is on the way. you have a final thought? >> i was just going to say the atlanta federal reserve now is execting growth in the fourth quarter is 11%. most people are expecting a growth story in 2021 as well. >> sandra: maria, thank you. trace. >> trace: most californians back under a strict lockdown as covid cases surge across the state. small business owners fighting just to stay alive. how they hope to stay afloat is

still ahead. but first president trump warning of an extreme turn left if georgia republicans don't vote in the upcoming senate runoffs. what is at stake next. >> president trump: our fight to drain the washington swamp and reclaim america's destiny has just begun. we will not bend, we will not break, we will not yield. we will never give in, we will never give up and we will never back down.

♪ >> sandra: santa can skip the chimney this year. he is coming to town in a new way. zip lining down sugar loaf mountain. while suspended from a cable car. no less dangling hundreds of feet in the air while spreading cheer to visitors while

remaining socially distanced. everything looks different in 2020, right, trace? we all need moments like this this year. >> trace: yeah. that is social distancing for santa, i give you that. he is flying and he is away from everybody and anybody. >> sandra: who volunteered for that one, right? what a thrill. >> trace: not me. all right. >> president trump: there has never been a case where a state has had this prominence on senate races and this is something that's very important. you have to get out and vote. if you don't vote, the socialists and communists win. >> trace: president trump urging georgia republicans to make sure they vote with less than a month to go until two crucial runoff elections that will determine which party controls the senate. let's bring in our panel. david avella and mary anne marsh, former senior advisor to

john kerry. i want to play some sound from senator kelly loveler. >> my opponent warnock is a socialist who supports policies that would grow our government, bankrupt hard working families with high taxes, the cost of the green new deal and every georgian family would be $75,000 and taxes would go up $2,000 per family. >> trace: to goal to paint him as a far left radical. effective strategy in your estimation? >> senator perdue and loeffler only way to lose is if they were to drop out of these runoff elections. historically democrats have performed very poorly. in fact, republican turnout typically improves 7 points in georgia runoff elections. democrats haven't won a runoff there for statewide office in almost two decades now. now, as long as we do two

things. as long as governor kemp and lieutenant governor duncan allocate more resources to ballot security and the republican lawyers association gets involved to make sure that those are counted correctly. we make sure it's a secure, fair election and loeffler and perdue are on their way to a new term. >> trace: david says look, it's a good strategy and you have some critics on the right saying and warnock didn't do a very good job of distancing himself from the far left defunding police, packing courts, didn't really answer those questions. your thoughts on that. >> the fact is i'll remind david that democrats hadn't won georgia in a presidential race in almost two decades and joe biden won georgia. the numbers show you that the democrats can win both these sits. the trick is not just turnout as many analyst rest saying. yes, it's a turnout game but persuasion element as well. the fact is perdue got more votes than ossoff in the one

off one. biden got 2.1 million votes in the georgia presidential election there and ossoff 2.3. suburban voters out there who voted for biden but didn't vote for ossoff or warnock. they need to be persuaded to do that. voting trump out isn't enough. you if vote loeffler and perdue back in you are getting trump again. being a trump acolyte isn't enough votes to georgia to win the reelection. >> trace: there was a lot of talk on saturday how much time will the pe spend on what he perceives as widespread fraud in georgia and the senate runoff compelling people to get out and vote. he did a little bit of both, right? he did about half and half of each. i want to listen to the president and get your response on the other side. watch. >> president trump: very simply you'll decide whether your children will grow up in a socialist country or whether they'll grow up in a free

country. i will tell you this, socialist is just the beginning for these people. these people want to go further than socialism. they want to go into a communistic form of government. >> trace: it was imperative that the president really push these gop voters, his supporters, to come out and vote in this runoff election. did he do what was necessary? >> the president did as the turnout operation is still if place that he will work on. i think my dear friend mary anne is a bit confused it was president obama who couldn't get democrats elected to the senate. president trump has quite a good record if you look at 2018 and then this year in 2020 where thom tillis won and ernst and all the folks democrats said would lose. it was also the president's turnout machine not only are we going to hold the senate but gained seats in the u.s. house.

every state legislative chamber we hold plus picked up new hampshire and the governorship of montana. the president can turn out republicans to vote for the republican ticket. >> trace: a fair point, mary anne, gop did a lot better than anybody thought they would do. your final thoughts. >> better, yes, but they didn't win the house back and there is the slimest of margins in the senate. mitch mcconnell only holds on to that majority if he wins both races. so the democrats will either win both. republicans win both and that's the ballgame there. i watch that rally on saturday night that you anchored, trace. trump barely made the case for them. it was all about him. i think suburban voters what they rejected about trump was the culture of corruption. stock trading with perdue and loeffler will be rejected by them. >> trace: we'll find out. thank you both very much. >> sandra: a fox news alert on another deadly weekend in chicago. dozens shot city wide.

we'll have a live update next. plus a major step toward getting vaccines for emergency use. how soon could that happen? white house testing czar admiral will be our guest. >> this is not only the worst public health event but the worst event this country will face not just from a public health side.

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is still not yet known but "the new york times" is reporting that estimates run up to $300 million. >> trace: gun violence surging nationwide including in chicago where shootings over the weekend left five people dead, 34 injured. the senior correspondent mike tobin live in chicago. some people are calling gun violence the other pandemic. >> trace, if the lockdown was intended to minimize contact between people it is not minimizing the kind of contact that results in gun violence. we talk about the violence in the city of chicago and the city did not disappoint with many shootings incidents that 30 people were shot. 5 people killed in chicago over the weekend. murders in chicago for this year are up 55%. violence is not limited to this troubled town. according to numbers, philadelphia has seen more than 2,000 people shot this year, an

increase of 53% from last year. the city of brotherly love will double the gun violence from 2015. over the weekend a 54-year-old man was shot in that town in the neck when he attempted to rob a wing stop. armed customer there who shot him. new york city is averaging four shootings per day. year-to-date the big apple has seen 1386 shootings. that is double the rate from last year. also up auto thefts and carjackings. what we've seen here in chicago is that the stolen car is often time used in drive-by shootings. the suspect vehicle is harder to trace. back to you. >> trace: it is rampant. thank you, mike. >> sandra: new york city bar fighting to stay in business like thousands of others like it across the country. so is there a double standard when it comes to these covid lockdown ?s and across the country another restaurant owner makes an impassioned plea against what she is labeling as hypocrisy.

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safe. this is safe? 50 feet away? this is dangerous. >> sandra: los angeles county bars and restaurants receiving a one-two punch a week after mayor garcetti shut down indoor and outdoor dining in the city. governor newsom extended the shut down for three weeks. now many restaurant owners are concerned they won't be able to survive. alan adams is joining us now. see the owner of a bar and grill in the north ridge section of los angeles. thank you for joining us this morning. i understand you share a similar frustration to that business owner. what have you been experiencing? >> oh, the same thing. when i saw her story the other night, you know, it broke my heart. we as entrepreneurs do the best we can to adapt and survive. we keep adapting to the rule changes that are constant.

it's like we get an email from the health department every week that things are changing. you know, we have all of our stuff outside, the whole restaurant just to keep in business. it is just to the point now it's just real frustrating because you have a governor that says he is a restaurateur and sympathetic with us and understand how we feel. i think to myself man, you have to clue how i feel. you are still getting a paycheck. you are still paying the government employees. i can't even pay my employees right now. it is a scary thing right now. >> sandra: when you see what's happening as far as the surge, the number of reported cases, california is getting hit hard by this virus, the hospitalization rate is going up. what do you want to see happen? would you rather than the government step in and help you in the form of stimulus or do you just want them to let you

open your doors as you have very clearly laid out that you believe that you can keep your customers safe? so what is it that you would prefer to see based on the current environment for the virus in your state? >> first of all i don't want anybody to get sick or die. i lost my father a couple of years ago so i understand the pain of that. but at the same time, you know, we've done everything that they've asked us to do. one of two things do have to happen. if i got another ppp loan and i received that and i was able to pay my employees i would have no problem with that. but if we can't get something here, i'm talking within the next week or two, then i would just rather have my doors open and follow the protocols and wash our hands and sanitize everything to be able to earn a living. at this rate there is going to be nothing in the future

regardless of we get a vaccine or not. >> sandra: obviously when it comes to the governor and some of the local leaders on the ground there you have a message for them. part of this story has been a bit of hypocrisy that has been highlighted by many of these politicians and leaders, highlighted by the american public and the media. but governor newsom was guilty of that as well. but what is your message to those leaders? how can they get you through this? >> well, my message to them is, you know, that they have to really wonder if their political future in california, what it is going to be regardless of what side you are on, i have had people come to me and say enough is enough, you know? the worst hypocrisy of it all the first time he shut us down from he allowed us to have indoor dining for a week and shut everybody down except for

his winery, you know? and i'm like come on, that's not fair. and then him going out to eat. it is just -- we're on the same playing field and the bottom line is we need an opportunity to earn a living and to pay our bills, not only our employees but as small business owners. it's not just restaurants. there are nail salon, hair salon, eyelash place and just looking at all the different owners when they walk out it's like the walking dead. we all have this defeated look on our faces and it is hard to stay positive in trying to keep moving forward. >> sandra: there are so many stories like yours out there. thank you for sharing yours here. our best to you as you fight through this. >> appreciate it. thank you so much. >> sandra: fox news alert. we're 60 minutes away from a

news conference outside of mac's pub in staten island. it's at the front line of the fight against covid restrictions that are crushing so many small businesses. it's a brand-new hour here. live from america's newsroom i'm sandra smith. hi, trace. >> trace: good morning. everyone. i'm trace gallagher. one of the bar's co-owners was arrested when sheriff's deputies say he tried to take off and hit a deputy with his car and they were waiting to arrest him for ignoring state shutdown orders. he is now accused of getting into his jeep and ramming a deputy breaking his legs. his attorney with a different version of events earlier on "america's newsroom." watch. >> he was not confronted by sheriff's deputies in front of the bar. he was not confronted a block away. he was confronted two blocks away on a dark street where he had parked his car. they came out behind him between two parked cars, two

big burly guys. and yelled hey, presti. >> trace: what is happening there today? >> good morning. we'll have a presser and then a protest later on today. but when we look at the legal issues happening right now for the owners of this pub it is really a double dose of legal trouble for presti and co-owner for defying when they shouldn't be open. this is the second arrest in a week for him. he was first taken into custody for serving customers inside after declaring the bar an autonomous zone. when sheriff's deputies tried to arrest him early yesterday morning he ran to his jeep and hit one of their deputies throwing the deputy onto the hood of the vehicle. he drove a few blocks before he

was arrested and taken to jail and released hours later and facing 10 charges including assault with intent to cause injury to an officer and reckless endangerment. that officer fractured both legs and is recovering. the bar is the site of large protests. last week a huge crowd of protestors gathered to protest his arrest and demand the bar and other small businesses be allowed to operate. he told me last week if local and state officials want them to stop serving indoors, they need financial help because they have nothing left. >> if you want me to have outside dining and actually expect people to sit out here, that's good. you need to give me money to be able to do it because we literally have nothing left. so until the city and the state man up and they want to work with us, or fund everything that we have to do, you can't do this. this is not right. >> again, we expect to hear

from his business partner outside of the pub and later this afternoon there is expected to be a large protest that will gather to demand that small businesses be allowed to operate. trace. >> trace: we'll be watching. laura ingle live on staten island. >> we're getting ready for possible roll outs of vaccine within days. tomorrow president trump is hosting a vaccine summit with governors, retail pharmacy chains and distributors to be very transparent and show the world how comprehensively we have planned out every aspect of this distribution. >> sandra: that was health and human services secretary alex azar on the race for the vaccine that's on track for a major step forward this week. fda set to consider emergency use authorization for the vaccine developed by pfizer and biontech on thursday and moderna's vaccine one week

later. the admiral is assistant secretary and covid testing czar for the coronavirus task force joining us now. thank you for your time this morning. can you please give our viewers an update on the roll-out of this vaccine? what should we expect? >> so as we've told the american people multiple times we're not skipping any steps in safety and effectiveness. what you will see on thursday is the independent advisory committee that will advise the fda on the safety and effectiveness of the vaccine. all the data we've seen thus far of pfizer and moderna have been very positive. this is an open, transparent process. the fda will take its signal from the advisory committee and hopefully we'll see an authorization soon after. you've heard a general and doctor say within 24 hours of that authorization we'll have a vaccine ready to go and 24 hours after that providing the first lifesaving shots into

people's arms. >> sandra: admiral, the "wall street journal" ran a headline in their paper. covid-19 vaccine roll-out faces public concerns over safety. i hear you out of the gate trying to calm those fears of cutting corners, side effects, because the journal is citing the surveys taken all over the world. germany, japan, france, where in some cases a third to half the respondents said they won't get the vaccine because they fear it was done so fast. what do you say to those people who would hesitate to get this? >> i want to say that the corners we've cut are only to take financial risks. instead of doing things sequentially the government invested billions of dollars into manufacturing and other steps. so instead of doing is see quently we did them in parallel. these vaccines have been tested well over 30,000 people. the effectiveness is over 90%, probably 94 to 95% and almost completely effective in

preventing severe disease. in those over 70, this disease has over a 13% mortality rate. the way to end this pandemic is through the vaccine. this is an open, transparent process. you will see the data. the fda go back and look at every case report down to the individual. if the fda gives it the okay everyone will have high confidence. my mother, myself, my grandchildren will be first in line when it comes to our time on the list to be vaccinated. >> sandra: admiral have you taken the vaccine yourself? >> no, i haven't because i am not -- i was not part of the clinical trial. and i will take the vaccine when my group comes up. i am 60 years old. i have hypertension. so i'm in one of the groups that will be prioritized but not the first groups. the first groups are long-term care residents as well as our healthcare professionals and these are very important to get vaccinated. remember, we'll have 20 million

vaccines this month in -- 20 million individuals to be vaccinated by the end of this month and another 20 or 25 million in january and february just assuming pfizer and moderna. we know there are other vaccines on the horizon that could come. >> sandra: i want to circle back on something you just said. you said the way to end this virus is through a vaccine. i want to play the words of dr. birx from your team on her thinking of that with a warning. listen. >> the vaccine is critical but it won't save us from the current surge. only we can save us from the current surge and we know what to do. we have an example how important testing is as part of this whole public health response along with masking, physical distancing, and our hand hygiene and stopping our gatherings outside of our households. >> sandra: admiral she is

making the point the vaccine is critical but it won't save us from this current surge. what did she mean by that? and how do we get out of this current spike? >> so dr. birx is exactly right. although we'll give the vaccine to 20 million individuals in december and probably another 20 or 25 in january and another 20 or 25 million in february, we have an ongoing surge right now in cases, hospitalizations, and in deaths. until we can vaccinate a large number of the american people, we still have to rely on measures that we know work. >> sandra: how many? >> well, you know, it's a really good question so i'll answer it two ways. we can get a lot of the advantages of the vaccine by immunizing the at-risk population. in other words, by the time we immunize 50 or 60 million people we can have all the long-term care facility, a lot of the at-risk people and get a lot of benefit. we won't end the pandemic. in other words, really end the

disease transmission until we have at least about 70 or 80% of the american people who have been either immunizeed or have gotten the virus normally. in some parts of the country, like new york city, that is as many as 20 or 25% already have had it. but we have to get good vaccine coverage. are you looking may to june before you get those 100 plus million, 200 million people potentially vaccinated in the country. >> sandra: admiral, i've only got a short time left here but it is still a big question and there are -- we know what we're doing trying to save lives with these shutdowns, as you can see with so many of the viral stories we saw over the weekend and the business over in california it is shattering many lives. what do you say when you see those business owners struggling to survive and what they are going through, the sacrifice they're seeing? >> so i see it every day even in my neighborhood with a restaurant in the basement on

the first floor of my apartment. what really breaks my heart is that i don't know of any data that says you need to shut down outdoor data and bars. we wanted to limit the indoor crowded places. so i think we need to do what's necessary to turn the pandemic but not more that's not evidence-based that will be counterproductive. >> sandra: why are they doing it, then? they keep saying it's the science. that's why they're shutting down all of california. why are you they doing it? >> the science does not say that and all of us on the task force, fauci, birx, all of us dr. adams the surgeon general is that we do if you are in a surge place need to limit indoor dining and indoor bars. you don't have to close schools. you don't have to close universities. you don't have to close your major industries. you do need to wear a mask. that's critically important when you are in public and can't physically distance. very, very important. and we see that these measures, they can be counterproductive. people get mad and upset

because science doesn't support that. the science supports limiting indoor dining in bars. but even now there are many restaurants that have taken tremendous -- they've split the tables by seven feet. plexiglas. i would like to see a little more individual attention to these places that have invested a lot of money and are probably safer than people having a house party with 100 people there. so you know, it's time to nuance. this is not march or april. this is december. we know what the science says, we know there are counter measures that are effective. and whatever the expression is throwing the baby out with the bath water i think we could be causing a lot more harm by overly restrictive recommendations that are not supported by the science. we're very clear. >> sandra: you see what they are doing in los angeles, admiral. you see what they are doing in california. is the governor there wrong? is the mayor, are they wrong? >> so what i'm saying is that the evidence clearly does not support limitations on things

like outdoor dining, particularly that are spaced outdoor bars. you know, the evidence just isn't there. remember, shutting down completely particularly if you don't have evidence can be counterproductive. we just saw this week data that said the drug overdose, cardiac arrest doubled during the shutdowns in april through june. double, 100% increase. we know that children don't receive care. that heart attacks go unattended. shut downs have consequences. do what is necessary and evidence-based. we try to be very specific about that. when you do more it frustrates the population because it is not evidence-based particularly when politicians violate their own rules. we have to be reasonable and fair and we have to be science-based. >> sandra: admiral, final question on getting the vaccine. what are you willing to do, to what length are you willing to tell people it's safe to do this? we know how important it is going to be to get back to

normal, that people are willing to go get this vaccine. you have seen so many former presidents go on the record i'll do it and show you me getting the vaccine. what are you willing to do to make sure people go out and get it when it's available? >> i am willing to do literally anything to convince the american people that these vaccines are safe and they are going to save hundreds of thousands, if not millions of lives. this is new, clean unbelievably good technology that has been developed over the last decades. there has been no corners cut. it is a completely transparent process. you will see this on thursday. the data will be presented. the fda is completely sheltered from any political influence. if this gets through and gets authorization, and again i don't want to pre-suppose. i want the process to work. the american people can be absolutely assured it is safe, effective and the way to put the nail in the coffin of this

pandemic. it is time for this to be over and time for america to get back to being america again and the way to do that is through these vaccines. america, please, stay tuned tomorrow to the vaccine summit at the white house. it is an incredible amount of information. i'm honored to be part of it. on thursday see what is presented. be aware, inform yourself, don't be influenced by rumors an the internet or by russian trolls and bots trying to instill vaccine hesitancy. look at the data. trust the people who are here. we're here for your best interest. >> sandra: how soon do we get back to normal once you make that vaccine available in what's the time frame? >> so i don't know what normal is, right? i do think before hundreds of millions of people get vaccinated we're looking in the may, june, july time frame. a lot of good things probably happen in late spring because we can get our most vulnerable population vaccinated. that's really important.

that will lessen the burden on hospitals and allow us to get more back to normal. very, very important. the weather will warm up in march and april. lots of things go for us. but we're not going to get back to quote normal until we get that 70 or 80% of individuals who get the vaccine. we have herd immunity and the pandemic is sort of like polio, if you will. it is not eradicated from the world but mostly eliminated by our vaccinations. >> sandra: admiral, we appreciate your time this morning. thank you for that. >> thank you. >> trace: i have to tell you. very nicely done. significant news there. when he came out and said there is no science behind closing the outdoor restaurants. there is a battle going on, a legal battle. los angeles county is going into court tomorrow. restaurant association. the judge has said the county needs to show proof there is a danger to outdoor dining. you can bet they are going to rerack that tape and show

admiral saying there is no science to support shutting down outdoor dining. that's a significant statement right there. >> sandra: big news for sure. you go back to that video, that viral video of that los angeles business owner, restaurant over the weekend. she pointed to that open air facility, covered facility. open on all sides, picnic tables. she said i can safely seat people outside. she has been shut down. it is that frustration and that shattering of businesses and lives. there she is there, that video still getting a lot of attention. indeed, trace, big news from the admiral there. >> trace: the battle is about to be tilted in the other direction. nicely done, thank you. school teachers in one major u.s. city reportedly being taught about their white privilege. ahead the writer who said he has the documents on this anti-racism training program. and you've seen the viral video

of an l.a. restaurant owner. we just talked about it furious at a catering tent set up next to her shut down business. plus you heard what the white house testing czar just said. the science does not support outdoor bans on dining. so what does the law say? jonathan turley with that. talk about timing for a guest. this is going to be fascinating. >> this is dangerous. mayor garcetti and gavin newsom is responsible for every single person that doesn't have an employment. that does not have a job and all the businesses that are going under. we need your help. we need somebody to do something about this. just droppede to new all time lows. veterans can refinance their loans with no income verification, no appraisal, and no out of pocket costs. one call to newday usa can save you $3,000 every year.

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>> sandra: calling out what she says is california's double standard. jonathan turley is a fox news contributor. it is brutal to see videos like that and to hear her passionate plea, emotional plea to let me stay open. and now admiral girard on this program said there is no science behind shutting down outdoor dining. listen. >> i don't know of any data that says you need to shut down outdoor dining or outdoor bars. we really wanted to limit the indoor crowded places. so i think we need to do what's necessary to turn the pandemic but not more that's not evidence-based. >> sandra: jonathan, what is going on here? >> well, it's getting very interesting on the legal front. in this weird world we all have our favorite pandemic personality. the admiral has always been a

very straight forward expert in telling us about where the science is taking us. this is a very significant statement. he is speaking not only on his own behalf but also referencing the task force is not supporting this type of categorical bar on outdoor dining. that will create a real problem in the states. states are getting pushback by the court on limiting religious organizations. that's a particular tough problem for them because limiting religion can trigger the first amendment and a higher constitutional standard review called strict scrutiny. it is easier to limit businesses like this woman's business because it falls under a lower standard called the rational basis test. but as we see in california hearing tomorrow it's clear the court is not confident that the evidence is already available even on that lower test.

here you have admiral girard saying we don't have that evidence. you also have these other cases around the country of people challenging the closure of schools. before the election we had commercials being run that president trump is trying to kill your children by keeping schools open. now after the election the experts are saying no, we never had that evidence for particularly younger school kids. so for those who are saying follow the science, the science seems to be chasing after them and saying well, you need to establish that these categorical rules are necessary. that's not belittling the situation we're in. state officials have serious problems in terms of e.r. rooms getting overcrowded, limited hospital bed space but these judges are going to say well, you need to show me the science. why is it clear you can't allow outdoor dining when our own task force is saying we don't

know where it's coming from. >> sandra: he went as far as to say he wasn't opposed to limited indoor dining. of course, pushing social distancing, mask wearing, hand washing, of course. but what legal repercussions could we see here when you see business owners like that one who made her case over the weekend? can she make the case then that she can go ahead and serve her customers outside, distanced, underneath that temporary setup that she has put up? >> she just got one heck of a boost on your program this is science that the admiral is referring to and following the trend that some of us talked about weeks ago. initially there is great deference to pandemic orders by the court. over time and where you first see a push back is on constitutional rights like free

exercise of religion. then courts begin to start looking at these other cases like schools, like businesses. asking for a more concrete showing than it is necessary. what is interesting you said you know what? this is december, not march and april. we know a lot more now than we did. it's a real challenge for officials in places like california because in addition to the science supporting some of these claims, you also have science showing a huge cost to these lockdowns and mental illness in people having higher rates of heart attacks as the admiral talked about. so not only is there a question of the science supporting categorical bans but there is rising science saying those are coming at tremendous cost. >> sandra: all really great points, jonathan. it is chilling to see what some of these business owners are

going through and jonathan, thank you for being here. hope to talk to you soon. >> trace: one of the country's biggest school systems being taught how racist they are why the owner of a restaurant in washington state says he is defying the governor's restriction on dining. >> enough is enough. we just can't keep taking this thing down. there are too many lives at stake here.

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♪ ♪ ♪ as long as i got you then baby ♪ ♪ you know that you've got me, oh! yea...♪ ♪ >> sandra: during the -- support is growing now for a washington state restaurant owner who refuses to close down indoor dining despite the orders. dan springer is live from the restaurant in washington state this morning. dan, how are customers there reacting? >> sandra, let me answer that question with some video shot last week showing the lines of people outside of spiffy's. in fact, there were people with

american flags, lots of people waiting to get in with their signs saying they support this move by the owner and i was told by the owner a second ago they had a three-hour wait to get in here on saturday. a lot of people supporting this business owner. here he is rod samuelson, owner of spiffy's. you're 80 years old and owned the restaurant for 50 years. tell me why you're staying open. >> it started out as one issue and it has gradually moved into others. i was not aware when i started this that we had the difficulties that we evidently have with the state unemployment. and so i have employees that are not receiving any benefits. and so it is mainly about them at this point, trying to get them enough money to pay the rent, mortgages, food on the table, this type of thing. >> how concerned are you that

people might be infected workers for your customers? >> oh, absolutely. we want to keep everybody safe. i encourage everybody to take precautions. we're seating every other table, attempting to all the time. sometimes people move around on us a little bit but we have enormous waits at the door trying to get in. up to three hours on saturday. and people, when told that it was a two-hour wait they said no problem. we'll stay. >> you are getting a lot of support in the community. thank you for joining us today. sandra, we're seeing like i said outside there is a line to get in. there are a lot of people here supporting him. the governor's office has tried to contact him. lni the labor and industries department sent two inspectors here last week. they did not get in, however. and he could be fined $9600 a day and he could also lose his license but he is staying open

in defiance of that order because he says his employees need to work. sandra. >> sandra: thanks, dan, for sharing his story with us. dan springer, thank you. >> the rule is they are supposed to let people eat or drink outside. the owner said no one wants to do that because they'll go out of business. the argument that people of staten island don't want to drink outside can go to any little league game can be disproven. so i take it you found the protests frustrating? >> yeah, they're making us look like babies. >> comedian from new york state en island cracking jones on "saturday night live" on lockdown protests taking place on his home turf. you have business owners willing to get arrested trying to save their businesses and the jobs of their employees. joe concha, columnist for the hill and fox news contributor. you see skits like that and

easy important pete davidson. he is getting paid. others aren't making any money and harder for them to laugh at this. >> yeah, trace. the irony here is pete davidson made that joke, did that mockery before a live studio audience at 30 rockefeller center, indoor studio audience. "saturday night live" pays its audience members $150 each so they can call them employees and therefore they are allowed to go and watch this. emmy winner governor cuomo allows to to happen because he is a hypocrite and it serves at the pleasure of his party. to your point, pete davidson is a millionaire. easy for him to mock those struggling to put food on the table. let me read what dan presti. he gets phone calls from the other business owners and staff trying to figure out how they come up with rent this month

and how they get their kids christmas gifts. meanwhile you have pete davidson who mocked congressman dan crenshaw over his eye patch that he wears because his eye got blown off in afghanistan by an ied. what else would you expect from a pete davidson at this point? >> not just restaurant owners who are pushing back on this. this is a guy who owns a comedy club. supports comedians and said the following quoting here. it is infuriating that snl can have a an audience and comedy clubs can't open. pete davidson made fun of residents protesting. they are raking in money during the pandemic while small businesses are struggling to survive. pete davidson can perform in front of a live audience but other comedy clubs around new york and the country can't. >> comedy clubs and don't forget broadway, right? you have broadway shut down for

the last nine months. it will be for the foreseeable future. most importantly, 1,000 restaurants in new york city alone have permanently closed since the pandemic began. 1,000. and these people it is not like they don't want to work. it is because they can't work and they're being forced out of the workforce as a result of this sort of situation. but i remember and i'll wrap it up. mtv music awards a couple months ago governor cuomo allowed celebrities to come into new york state. they are supposed to quaranty for two weeks. no, the department of health said you don't have to do that. rules for thee, not celebrities. >> thank you, sir. >> good to see you. >> sandra: coming up teachers in san diego school systems reportedly being taught how racist they are. one journalist says teachers there are being told to attend white privilege training.

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>> trace: an independent researcher and writing said the san diego school district have to teach their students about the advantages of being white in america. that writer says he has documents on the training and he joins us now. christopher, great to see you. thank you so much. the training begins for teachers being told they're colonizeers who are on stolen native american land going on to say quoting they're quote racist, upholding racist ideas, structures and policies. what is the goal of this training? >> the goal ostensibly is to teach white teachers in the san diego school district how they been it from their privilege. it is a hard left agenda. the goal is to essentially

retain a new ideological orthodoxy and push out any remaining conservative elements from institutions and using bullying or cult indoctrination to get it done. >> trace: you say bullying. the district says they aren't mandatory training sessions. we believe every open and sincere conversation about race no matter how it begins provides an opportunity to learn from one another. for hearts to open and for minds to grow. do you believe that this is a wink wink not mandatory, christopher? >> it is not mandatory. but in someone who says you have an option of doing a or b you don't have an option. teachers are feeling pressured and bullied into attending these training sessions and frankly it is not an open and sincere conversation about race. when you show slides for employees that say you are racist, you are making an assumption based on their inborn characteristics.

not only deeply distasteful and divisive but likely a violation of the civil rights act of 1964. the san diego school district can do a song and dance and the story won't go away soon. >> 20% of black students are getting ds and f, 23% of hispanic students d and fs, 7% of white students. are they pointing at racism because of these numbers, christopher? >> of course, yeah. this has become a kind of go-to tactic on the left. whenever there is any problem or failure of an institution, less than half of san diego unified school district students reach proficiency in math and reading. and what they are doing is instead of saying what can we do to improve student outcomes they're saying let's shift blame under systemic racism and cultural patterns in vogue right now. it is not going to work.

the fact is san diego unified should be teaching reading, writing, math, getting up student achievement scores instead of telling their teachers they are racist. >> trace: christopher, thank you for coming on. we appreciate it. >> thank you. >> sandra: restaurant owner in l.a. goes viral for pointing out hypocrisy over bans on outdoor dining and now the white house testing czar says the science doesn't even support those policies. so where do things go from here? former arkansas governor mike huckabee will weigh in on that just ahead. >> they have not given us money and they have shut us down. we cannot survive. my staff cannot survive. look at this.

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>> sandra: fox news alert. the u.s. beginning a troop drawdown if afghanistan cutting forces stationed there by half to 2500. benjamin hall is live in kabul, afghanistan for us. benjamin, what are you hearing from people there? >> sandra, the most interesting thing that i have learned in the last couple of days that i've been here listening to people who were supporters of the u.s. policy here, supporters of trump's being here and now support the u.s. drawdown. they say that's true because afghan's need to stand up on their own two legs. they say that despite knowing the dangers that exist around the country and knocking on the door of the city. something we saw ourselves earlier. >> just a couple of miles outside kabul in every direction the taliban are in control. night after night they launch attacks on police checkpoints and take over districts like this. they're knocking on the door of kabul and many people feel it is only a matter of time until they move in.

former president told me yesterday he believes the taliban are weary of fighting. there is a roadmap to a peace deal between the afghan forces and the taliban and said this is something that needs to come quickly. many analysts totally disagree with him and a big supporter of president trump's drawdown. >> president trump's decision to change course and to work for peace in afghanistan and to let the afghans talk among themselves. gloo this drawdown remains controversial. taliban hasn't renounced al qaeda and the taliban continues to be friendly with them and had al qaeda leadership in some of their district. that's a sticking point right now. because of that many people say you need a counter terrorism force here. that decision will be made by president-elect biden, however, when he comes into office. he has said he will hold a

review of the peace process and speak to allies. we know the allies firmly believe the u.s. should stay. sandra. >> benjamin hall reporting live from kabul for us today. thank you. >> fox news alert. we're moments away from a news conference with the owners from staten island bars. one arrested twice in the last week or so. matthew mcconaughey sending a new message to the left . what he has to say about hypocrisy in hollywood is next. ♪ meownerefinance now? because record low mortgage rates have dropped even lower. and now you can save $3000 a year. veterans can shortcut the process with newday's va streamline refi. there's no appraisal, no income verification, and not a single dollar out of pocket.

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president trumps attorney general. and loyal ally. americas top prosecutor and a champion of conservative values. now, when it comes to the november election bill barr has said he "has not seen fraud on a scale that could have effected a different outcome." america has spoken, the election was fair. the results accurate. republicans and democrats were elected to offices up and down the ballot. it's time to move forward, together.

>> the far left would go well, there is a lot on that ill liberal laft that patronizes to that of the other 50%. when trump was voted in four years ago in our industry. they were in denial that it was real. >> sandra: matthew mcconaughey not healeding back on hypocrisy in hollywood carley shimkus is here. carley, big news because you don't hear a lot of celebrities talking like that. like matthew mcconaughey, good

morning. >> that's right. he is interesting. he is a little bit country coming from texas, a little rock and roll being in hollywood. when he was on fox news in october promoting his book he was aggressively centrist. russell brand started the conversation saying he doesn't like the fact there is offhandedness in the entertainment industry if you vote for president trump or brexit you're considered to be stupid. brand said he doesn't like that. mcconaughey admitted that hollywood is condescending toward trump supporters and conservatives and pointed out in 2016 clinton supporters did not accept the results of the election. maybe pump the brakes on criticizing trump supporters who want to exhaust all possible legal avenues before accepting the results this time around. >> sandra: another 10 seconds

from him. listen. >> i will meet you in the middle. i actually think that is more of a dare right now than it's ever been. >> yeah. you know, he is not the only one saying stuff like this. whitney cummings said try to understand the other side rather than canceling them. people should reframe political conversations by daring each other to meet in the middle. if washington followed that advice there would be much-needed coronavirus stimulus in the hands of out of work americans right now. >> sandra: interesting stuff. carley shimkus as always, thank you. good to see you. more on those businesses under siege from coast to coast with some fighting back against the latest covid restrictions. we're live outside mac's public house in mork awaiting an update from one of them.

the staten island bar owner defying shutdown orders there. i'm sandra smith. good morning, trace. >> trace: big news coming in. the news conference set to start any minute now. it comes after police hauled off the bar's co-owner not once, but twice. we talked to his attorney earlier on "america's newsroom." >> the guys want to keep the fight going with mac's public house and keep the support of the restaurant, the fellow restaurants and small business owners. it is sad, trace. this was about a cheeseburger. we're talking about serving cheeseburgers and beers and it has come to this. >> trace: in california a new stay at home order covers 85% of the state and local leaders are facing backlash over the strict rules. admiral a member of the coronavirus task force and debunked claims that outdoor dining is fueling the spread of

the virus. watch. >> the evidence clearly does not support limitations on things like outdoor dining, particularly that are spaced outdoor bars. you know, the evidence just isn't there. remember, shutting down completely particularly if you don't have evidence can be counterproductive. >> trace: william la jeunesse live in los angeles. more on the growing backlash to shut these restaurants down. william, admiral throwing cold water on a lot of government officials in california. >> the restaurant owners are not giving up here, either. they are protesting at the mayor's house yesterday and fighting in court. retail is struggling with instore customers capped at 20%. the health picture is getting worse. covid fatalities surpassing 200 a day in california on friday. and the positivity rate, 10%, 1 in 10 tested are coming back with the virus. but here is the bad news.

nine states are doing worse than california and this is just the beginning. here is why. after becoming infected it can take 14 days to show symptoms. another week before being hospitalized, another week before going into the icu. thanksgiving was just 11 days ago meaning cases arriving from the holiday when 48 million americans traveled has yet to show up in the data. >> this is unprecedented. unprecedented. i hope to never have to go through anything like this again. people are dying. if we cannot defeat this virus divided, we all have to be together. >> two regions on lockdown. southern california and san joaquin valley down in 6% of available icu beds. the valley epitomizes the essential worker. farmers, drivers, pickers of the produce, together they

provide food for the u.s., fruit and vegetables during the winter. in fresno alone only 6icu beds are available for a county of a million. no business wants to close and many are demanding to see the science. >> i think it is absurd. we are not closing. decided to remain open. we have barriers, ventilation systems, wear shields, disposable gloves. >> another punch in the stomach for small business. they'll see another wave of businesses closing up. >> i spoke to an e.r. doctor an hour ago, two concerns. number one staffing and that people are going to be putting off minor health problems which become major health problems because they don't want to go to the hospital or fill up beds. >> trace: william la jeunesse, thank you. >> sandra: tough any consequences for those in the

lockdown hypocrisy hall of fame. the mayor of austin on a mexican vacation when he told his constituents to stay home to stop the spread of covid. he said he was sorry for that. my next guest says the apology does not go far enough and is not good enough. governor mike huckabee here in his own words. the former arkansas governor and fox news contributor joins us now. governor, it was tough to take a lot of those instances of hypocrisy. does sorry cut it? >> no, it doesn't. i'll tell you why. a lot of people have lost their jobs. a lot of people whose kids are having to stay home from school are missing their work because they can't go to work. they have to stay home and take care of kids because schools are closed. the hypocrisy is terrible. who hasn't missed a single paycheck people working in government, city, state, federal got every paycheck. here is what we need to do. these mayors and governors who have ordered people to miss

their jobs, let them take a pay cut. let them do without their pay for a month and say i'm not going to ask you to do something that i'm not willing to do. that would be one thing. and the fact is just glaring hypocrisy. what it reveals is this. these people don't believe in a lockdown. they don't believe that social distancing and wearing a mask works. if it did they would be doing it. instead they want to impose these restrictions on other people. personally i believe we ought to be wearing masks and social distancing and i'm not ordering other people to do it. i'm doing it because it's the right thing to do. these folks who are ordering it and not doing it should resign. >> sandra: and governor i think so many people watching and listening to you right now agree we're all trying to do what we can to stay safe. you see the shattering of lives and businesses that's happening right now and again another multi-week shutdown in

california. and then to have admiral on this program saying there is no science behind the outdoor restaurant shutdown. he didn't say that needs to happen. it is not essential to stop the spread to shut down the outdoor dining. what is going on here? >> i think it's not about controlling the virus, it is about controlling the population. it is about people exhibiting their power and being power crazy. the sad thing is a lot of people are going along with it. in california churches were told they couldn't have more than 10 people in the church. now you can go to a strip club. i jokingly suggested on sean hannity's program pastors ought to stand up and say they'll open a strip club for church. strip off their tie and have as many people as they wanted. some california pastors actually did that. rob mccoy had god speak calvary chapel in thousand oaks. it was hilarious but made the point. if you are going to say it's so dangerous to have more than 10 people be consistent.

and that's not what is happening. and i hear this all the time. let's listen to the science. okay, let's listen to the science. the science doesn't tell us that outdoor dining is really harmful. so why are we doing it? because there are some government bureaucrat or elected official who has it in his head he is a prince and everybody else is a peasant and it is disgusting. it is immoral and it is not how we are supposed to be as a country where our public servants are to serve us, not us serve them. >> sandra: governor, we have sort of a list of those who made the hall of fame for the hypocrisy we've kept track of. the story of newsom, the governor of california pictured in the fancy restaurant, french laundry. the san francisco mayor was seated at the same restaurant. we talked about the austin mayor. governor, i hear you say you are shocked by how many people

just go along with the tough restrictions. what are people supposed to do? they want to abide by the law and not hit by fines. they don't want to be troublemakers. they want to do the right thing. what are you suggesting by that? >> well, i would suggest that they do what they believe is the right thing. they are free americans. we aren't living under tyranny here. i think some people may feel like we are coming to that. be responsible. as i said before, i'm taking all the steps that we're told to take but i'm not doing it because some tyrant is telling me i have to. i'm doing it because i want to protect myself, my family and friends and the people i bump into. i don't have to be ordered to do it. but people ought to have some freedom in this country and especially when it comes to going to church. it's ridiculous to say you can go to a big box store and bump shoulders with hundreds of strangers and touch the items they just touched but you can't go to church and sit and sing a

hymn because it may be way worse than going to a strip club, casino, or a big discount store. it makes no sense at all. there has to be consistency. the fact that there isn't is causing people to become cynical. that's a real public health risk when we get cynical and we don't believe anything our government officials tell us. >> sandra: emotions are running so high. we're about to get the update on the bar owner defying the tough restrictions in the new york city area. staten island the bar owner, his story, getting arrested for defying the restrictions. you just wonder what point this all gets to. every day you think we've reached the max capacity that we can handle and now this multi-week shutdown in california. governor, always appreciate your time. >> thank you, sandra. >> sandra: thank you.

>> trace: meantime georgia senator kelly loeffler facing off with raphael warnock last night in the first and likely last debate in one of two georgia races that will determine control of the senate. jonathan serrie is live in atlanta with more. jonathan. >> hi there. with the balance of power in the u.s. senate at stake both candidates focus largely on national issues including social issues important to their respective bases. take a listen. >> i'm a christian, that's what i am. i was hungry and you fed me. i was thirsty and you gave me something to drink. i was sick and you visited me. love your neighbor. you don't get rid of people's healthcare. >> attack our men and women in the military and defends abortion. >> georgia's other republican senator david perdue chose not

to participate. he was represented by an empty podium as his democratic challenger fielded questions alone. state elections officials are trying to build voter confidence in the upcoming senate runoff and criticizing conspiracy theories from both sides of the aisle. >> all this talk of a stolen election, whether it's stacy abrams, or the president of the united states, is hurting our state. >> today is the last day georgians can register to vote in the senate runoff. >> jonathan serrie, thank you. >> sandra: and this is a fox news alert. as i just mentioned while talking to the governor, staten island, a live look there outside of the bar where presti continued to make headlines for violating the covid restriction

orders that have forced helps shutdown's there. we should see the bar owner himself after defying the shutdown. getting arrested for violating covid-19 restrictions. this is a story that happened very locally here in new york but it has grabbed national headlines for his refusing to comply with these tough restrictions. >> trace: they just got a lot of fuel. the interview you did with admiral gave them a lot of fuel and momentum what he said. he said there is no science that says that restaurants, indoor, he mentioned indoor dining to a certain extent but certainly outdoor dining there is no science that says that this is causing the spreading of coronavirus. so that's going to give them a little more momentum when they come out and issue this news conference. on the flip side of that you have accusations from the sheriff's office in staten island saying that presti last night got into his car and ran

over a deputy and broke both of his legs. he and his legal team denies it. the sheriff's department says it is an ordeal between the police and restaurant owners. it has in order up a little bit. we expect to hear from the owners and their lawyers about that as well as what their future plans are going forward. do they remain open? they've had their liquor license pulled and been fined numerous times. those are key questions we hope to find out. >> sandra: this should be beginning shortly. we will bring you the news from this as we get it. trace, to your point about admiral, it becomes defying restrictions rather than abiding by the restrictions that allowed for outdoor bars and restaurants to continue with their business. but when you shut that down it has caused a lot of outrage and

complications and some confusion with the rule changes that are being put in place. with the admiral suggesting there is no evidence that that is a problem to operate restaurants and bars outside, that is big news. and we'll see what they have to say. we'll continue monitoring this. the microphones are up. when it begins we'll go to it. >> trace: yeah, we will. are we still waiting for this? the point is we have a one minute -- we'll keep going here. will we go to break or keep going? we'll keep going. the whole thing sandra is people are frustrated and we hear this again and again and again. they have told for eight or nine months that all these political officials are doing is following the science. every single day gavin new some would come out and say i'm following the science. you have to meet the moment. i'm following the science. all the governors saying i'm following the science. science says there is no

science to shutting down outdoor restaurants. people are frustrated because they aren't doing this on science. the politicians are acting on hunch. the cdc and coronavirus task force saying it is not connected. there is no science behind what these shutdowns are doing. >> sandra: all right. picture is up and we'll take a quick break. when we come back the news conference will likely begin and we'll have that for you. research shows people remember commercials with nostalgia. so to help you remember that liberty mutual customizes your home insurance, here's one that'll really take you back. wow! what'd you get, ryan? it's customized home insurance from liberty mutual! what does it do bud? it customizes our home insurance so we only pay for what we need! and what did you get, mike? i got a bike. only pay for what you need.

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>> sandra: live to presti's press conference. >> deblasio and cuomo have told the people of staten island, new york city and the country if you speak up to the emperor you get crushed. lou, one of the finest criminal

defense attorneys around and who represents mac's pub. lou is charged with a misdemeanor for trying to be a lawyer. political leaders came here to try to stand up for the guys and the restaurants and the movement and andrew was nearly handcuffed in front of mac's pub for trying to stand with the people. the other night we found out that it was a political ambush. more details will come your way on what has happened. it's a tale of two cities. wal-mart is paying 700 million bonuses and we have restaurant owners arrested for trying to make bucks. our national television find it funny that small business owners are trying to feed their families while the millionaires sit in their perch. if i thought anyone here intentionally tried to hurt a new york city police officer i would never be standing before you. you are going to hear now from

lou, a criminal defense attorney for dan and also the attorney for the staten island restaurant association. a patriot i've known my whole life. he has put his practice and life on the line to stand up for what's right and freedom. lou will speak, you will hear dan's side of the story for now and keith, the founder and owner of mac's pub will give you his side of the story. thank you all for coming. lou. >> thank you all. myself, and my partner, mark, are representing dan in this criminal matter and also mac's public house in their civil matters against the city. we've been standing up for small business owners in this city for the last nine months and we will continue to do so. today dan is going to make a very, very short statement regarding his situation.

then keith is going to make a statement regarding the pub and i will ask and take any questions for a short period of time. thank you. dan. >> i have nothing but respect for the nypd and other law enforcement. you will find at the end of the investigation i did nothing wrong. i have respect for law enforcement. thank you for coming out today. >> good morning. i'm keith, a life long staten islander and have a fiance and three kids. we're regular blue collar family. like every irish kid, all i ever dreamed was opening my own pub. while other people were dreaming of being firemen or police officers i dreamed of being a bar owner. we worked hard and earned our

life savings. after three months we got shut down by an arbitrary set of rules. i don't respect the corruption, overreach and arbitrary color zones killing all my friends' establishments here and across the country. the fact we are all come out here today you will find we're here for cuomo and deblasio trying to crush the middlemen who dare to speak up. many people's families continue to be hurt by the tyranny. i will leave you with this, political ambition will be figured out by our great attorneys. as the owner and just a family man, this governor and mayor are not going to take my best friend and my pub. out of respect to law and order, we will take the next few days to regroup but i can assure the fight to reopen mac's public house and for the rest of small business owners

will continue. the dream lives on. >> community activist. >> this is a big fight, people. this is a huge fight. it is about the emperor, like john said. squashing the little man. it is not fair. yes, the situation is ugly but it is not fair what is happening to the small businesses and i will tell you right now the famous lines of captain perry in the battle of lake erie, men, do not give up the ship and we will not give up the ship. >> first i want to tell everybody i didn't use the word great when writing that to describe his attorneys. but thank you. >> when we first got here and talked to people in small businesses standing up fighting for their families it seems like -- two nights ago.

what happened if you can tell us. the sheriff's department -- [inaudible] saying they tried to arrest him and hit one of their deputies with a car. deputy went on the hood, broke his leg. is that a lie? >> the deputies do not have broken legs. that's a lie. one of the deputies injured his ankle. he tore a ligament or something. we still don't know the extent. but the fact that they lied and went out on a press release to all of you saying that he broke his legs is an outrageous, outright lie completely confirmed. >> what happened? did danny hit him with a car? >> we have an investigation going on. we have 80% of it on video. within the four minutes of danny leaving this place and from the time he was hauled away was four minutes. we have video of the end of it, almost 80% of it. at no time was there an

ambulance on scene, at no time can you see an officer injured. they had 15 unmarked police cars that came in -- not police cars. sheriff's deputies unmarked cars. they came in, swept danny away in four minutes like he says osama bin laden in a cia black ops, in four minutes you see nothing else on the scene. not an officer or sheriff's deputy, not an ambulance or an officer down. ambulances never came to the scene. in four minutes the scene was cleaned up like it was some kind of black op operation. >> why? >> over cheeseburgers and beer. why would they do it? i have no idea. they're not trained. in my life nypd makes arrests in this city when it comes to

criminality. nypd was not involved in this in the slightest. they want no part of it. neither do the state troopers. the officers -- if the officers could have approached him in front of the place. the night or two nights before when he got arrested he put out his hands and said arrest me. i can tell you that's not the way it happened here. it happened two blocks away, not in front of this building on a dark street where two big burly officers came out between a parked car, from behind him, and yelled presti, and started running at him. that's what started the whole set of events. it wasn't two officers in uniforms waving their badges in front of him saying can we talk to you. that's what started the whole event. and that's pretty much all i'm saying. >> did they have -- [inaudible] did danny have any idea these were officers? >> they did not identify

themselves as sheriff's officers. it is actually in the police complaint drawn up against him. you can read it yourself. after the investigation is complete we'll release our video. we have 80% of it on tape. we don't have the first three minutes or first minute and a half. we're looking for that video now. >> you have the officer when the deputy was injured? >> we don't. i can tell you the claims we have investigated that part of it and it was presented to us that he only hurt his ankle. i can assure people he did not break his leg and i can tell you why. because mr. presti was released with no bail. if he ran over a sheriff's deputy, they would have asked for a half million dollars in bail. the d.a.'s office has cooperated with us. i hope they continue to cooperate going forward.

>> [inaudible question] >> i'm not going to disparage any law enforcement but they certainly do not do criminal arrests in new york city. the nypd was nowhere to be found. the rest of america has to understand in new york city, sheriff's deputies are not like the rest of the country. they are basically revenue collectors and they do civil enforcement. they do not do criminal enforcement. myself and my partner have been practicing criminal law for over 40 years between us. we have never dealt with a sheriff's deputy in a criminal case. this is the first time. >> [inaudible question] >> i think you can answer that question yourself. >> [inaudible question]. >> i think out of respect for law and order and respect for the fellow restaurant owners and small business anywhere we will take a step back for a

couple of days. regroup and consider our options. i certainly will tell you this, danny and keith are not giving up the fight on behalf of small business owners and mac's public house to reopen. >> what happened before he left. there is video that came out of friday night. people inside the pub not wearing masks and not social distancing. that was one of the reasons why they stood up. >> friday night he was -- this didn't happen friday night. it happened saturday night. friday night there were a bunch of people that wanted to celebrate the fact that danny was released from prison. they came in and they were served food, there was drinking going on. however, you do not have to wear a mask in a restaurant. maybe there was some lack of social distance and exuberance but that is no reason to come in and send a hit squad of 20 unmarked cars to zoom him away in three minutes like he is

osama bin laden. >> this was brought up on "saturday night live" and they said that -- [inaudible] >> i'm not going to answer that. i think mr. tobacco should answer that. >> i'm not part of the legal team. i'm just someone concerned about watching our rights and freedoms get taken away from us. that's why i became friends with these guys and why i've been supporting them. i kind of almost feel like the ignorance level is so high now that you have mega millionaires on the national spotlight like the folks on "saturday night live" and instead of making fun of their friends and the local business owners who are broke and crushed and bankrupt, instead of coming down here as fellow staten islanders and standing up for them and bringing a positive light for this thing. what they want to do is go on national tv and humiliate the little man when he is down. that's quite disgusting. as i mentioned before my dad was a member of the nypd.

the king of staten island's dad was a proud fireman and a great friend of mine. i saw staten islanders heavily come out and support him, his mom, his family, and everyone else in a time of need after 9/11 when i cried for his father. so when i hear stuff like this, it hits me emotionally when i think wow, if you came out of your perch and your amroouent neighborhood and told the liberal left it is a good thing because about our freedom and liberty we wouldn't be standing here today talking about a political prisoner who was a victim of a political ambush by the king and his henchman. >> what's the plan tonight? >> we don't know about tonight. right now the guys will take a couple of minutes, step back. see what the next move in. what we do now is this. there is support everywhere. when the emperor wants to paint you badly they kill support

with your own people and paint them as a criminal. you are watching it right before your eyes. when you see here in staten island new york is not america. >> i will address tonight. out of respect for the heat, out of respect for law enforcement and what's been going on we took the organizers of the march canceled it out of complete respect for law and order and what has been happening. i will address "saturday night live" a little bit. want everybody to know we had 2,000 people here in a peaceful, respectful rally. they actually cleaned up when they left. we had 50 to 100 people cleaning up the street when we left. maybe "saturday night live" should be mocking the people that looted and rioted and destroyed our great city of manhattan and the rest of the great cities in this country. anybody else? >> this is about other

restaurant owners. [inaudible]. >> you know, restaurant owners are frustrated and angry. i certainly support whatever decision they make. i think each individual restaurant should make that on their own. >> [inaudible question] >> we'll make danny make a statement one more time and i will answer a couple more questions. >> thanks for coming, everyone. i have nothing but the utmost respect for the nypd and law enforcement. i think when the investigation is complete you will find out that i did nothing wrong. and we are just giving some time with the investigation and that's why i'm referring all questions to my lawyer. thank you. >> [inaudible question] >> yes.

the bar will be closed for the next couple of days out of respect for law enforcement. we appreciate the support from everybody but out of respect for law enforcement and law and order for a couple of days. then we'll regroup. we don't intend to give up the fight at all. >> [inaudible question] >> my response to that is very simple. if we can go a block half and get a cheeseburger this place should be open. if you can show me science. if -- my response so that is simple. if you can go a block and half and get a cheeseburger, which you can. if anybody can show me science that the covid virus stops at the railroad tracks we would be more than happy to shut down. until then we would like the same -- we would like the same consideration given to the other half of staten island and

being able to serve our cheeseburgers and our beer. by the way, there are thousands of people buying candles and christmas presents in the mall and god bless them. they should. it's a great holiday. it is a blessing. all we want to do is serve a cheeseburger and a beer in this restaurant and 20 unmarked cars took him away for that reason. that's all i'll say. thank you. >> thank you, everybody. thank you. >> sandra: that was a news conference outside of mac's public house in staten island where there has been a continuing story there. lots of headlines that presti has been arrested for defying covid restrictions that he couldn't operate until 10:00 p.m. he declared an autonomous zone.

plain clothes officers were able to order food and beverages. he was arrested tuesday and arrested over the weekend and taken to jail because he was charged with and he allegedly drove off with a deputy on the hood of his car. he is denying that. you heard from his legal team and you heard from presti himself. community activists were surrounding him making the case this is a political ambush and that presti is a political prisoner. more details to come said his legal team. >> trace: it's very important that you note a couple of big takeaways from that. they have the utmost respect for law enforcement and they will take a step back and close down the bar for a couple of days. let's bring in bill mcgurn. main street columnist for the "wall street journal" and former speech writer for george w. bush and takeaways from the

news conference. i talked to lou earlier on the show pointing out to him the whole confrontation by presti and the police. in seattle in the autonomous zone as soon as they protestors went after police public opinion changed and it was against them. the people at mac's public house are making it clear they respect the police and law enforcement. they are not trying to have a beef with them and trying to keep the momentum they seem to be picking up going. your thoughts? >> yeah, i agree entirely. look, the only obvious thing we can see now is this is a tragedy for this man that owns this pub, a tragedy for the officer that was injured, and i think it is a tragedy for the state and country that the official orders are so discredited. i look at it, it is incredible.

these clearly are not people that go around violating the law. they've been put in this terrible, terrible position and again they are put in this position being held to covid rules when so many leaders are not going by it themselves. their livelihoods are effected but the political class whose livelihood is not affected and who continue to draw paychecks will shut them down. i think we'll see more of this. that's the tragedy. these are not people, i think, who ordinarily disobey the police. i wonder about the police operation. >> trace: i just want to take it a step further by saying the idea of police coming out or these politicians coming out hypocrisy of it, it is the whole idea that for months, for nine months we have heard politicians repeatedly time and time again say they are simply

following the science. and then today to have admiral girard come out and say this is stunning. listen. >> the evidence clearly does not support limitations on things like outdoor dining particularly that are spaced outdoor bars. the evidence just isn't there. remember, shutting down completely particularly if you don't have evidence can be counterproductive. >> trace: you are ruining businesses across the country on a hunch that you think maybe it is a spreader event to go to a restaurant. >> yeah. i agree. it's ruining businesses. these are lives. i go downtown and the poor guy selling coffee has been out of his business for a while. and other people are just really struggling. and i feel -- my guess is they don't think that their political class keeps them in

mind. so often the science invoked doesn't seem to be medical science, it seems to be political science. we don't seem to be able to have a rational discussion on whether, for example, masks really make sense or maybe it's better to open windows and have better vent islation. i mean, again, if i was sitting in a house and a hurricane was approaching and i turned on the radio to hear there the governor i would want to know the five things i should do and what order of importance they are. we don't seem to be able to measure risks and so forth. so when you get to people's livelihoods, people get upset. also the further thing that irritates us. the government has some rights in an emergency but as bill barr has said there is no pandemic exception to the constitution. a lot of this is done on executive orders and so forth. we're already seeing it with religion. when this is over there will be a lot of brushback.

you can't just declare an emergency and then rule by decree and forget laws and so forth indefinitely. i think what we're learning here there is a real human cost to this. and also an anger and i fear contempt for the law. >> trace: it's notable when the case rate was low. they're high now, make no mistake. when the case rate was low people were dining outside all over the country. bill mcgurn, always good to have you on. >> sandra: thanks, trace. could big businesses be trading wall street for ocean drives? there is word one of the biggest names in finance could be ditching the big city. and there is no place like home for the holidays which is good because your boss may require you to stay there this season. can that happen? ♪ there's no place like home for the holidays ♪

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>> sandra: we've seen many stories of people leaving new york city during the pandemic. now it appears one of the biggest banks on wall street may follow suit. bloomberg is now reporting that goldman sachs is considering moving one of its largest divisions, asset management division, to florida or texas in order to save money. the report coming as many companies are reconsidering whether new york should still be the world's financial center after the pandemic. >> trace: home for the holidays? not so fast. turns out your boss gets to stay in your vacation plans including what you can do and even off the clock in an effort to protect workplace safety. let's bring in mercedes colwin, fox news legal analyst. because of the pandemic you apparently have your workplace can say hey, you want to go

home for christmas? you can't do that. you have to stay right where you are. is that legal? >> it's really not, trace. employers generally if they will abide by the laws can let you travel. the game changer. when you try to come back to the workplace they can say not so fast. you need to take a covid test and self-quarantine for 14 days and may have to be required to work from home. if are you in those positions where teleworking is not possible you aren't on the clock for them. there are laws across the state that basically gives this type of protection to employers. because they're required to keep the workplace safe and if you have someone traveling abroad or traveling to jurisdictions that have high infection rates the employers can say you need to take the following steps before you can step back into the workplace. >> trace: what sounds fascinating is the fact they said even employers can go on

your instagram and if they see you in a picture and you are close and partying with friends there can be repercussions. >> especially if you will put your co-workers, supervisors and workplace at risk. employers can step in and make these types of decisions. they are not easy decisions. i don't think employers want to look at facebook and instagram and all the other social media in order to determine if your employees are going to be a risk for the workplace. they need to focus on the business and really the businesses at hand. but in order to protect your employees you need to make sure that the employees that are stepping in and especially going in and reporting in the workplace as opposed to continue to telework that they the safety of the co-workers. >> trace: 15 seconds. do we as employees have any recourse at all? >> well, they can and that's

the great point. let's say for instance your employer doesn't have these policies that are universally done and make sure -- done in a way that there aren't individuals within the workplace that are targeted. they can bring harassment suits and a case to the department of labor and say i'm being targeted because i happen to travel internationally. there are definitely protections employees and they can trigger multiple agencies around the country. >> trace: mercedes colwin, thank you so much. >> sandra: sometimes all a family needs is a helping hand. >> a little bit of help went a long way. it really touched my heart just to see somebody take the time out for him to teach him to do this one small little thing. >> sandra: we'll have officer

brent sepulveda and the dockery family. they'll tell us about a teaching moment next. international hand model jon-jon gets personal. your wayward pinky is grotesque. then a high stakes patty-cake battle royale ends in triumph. you have the upper hands! it's a race to the lowest rate, and so much more. only on "the upper hands."

it's a race to the lowest rate, and so much more. the we have to find just nosomething else.it. good luck! what does that mean? we are doomed. [laughter] that's it. i figured it out! we're going to give togetherness. that sounds dumb. we're going to take all those family moments and package them. hmm. [laughing] that works.

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>> sandra: we all know learning how to ride a bike is not easy. 9-year-old krystian dockery when a police officer taught him to do that. this is the officer, brent sepulveda and the family he helped out. krystian dockery and his mother. it is a feel-good story. officer sepulveda you did a good thing. how did this all come about? >> i was sitting in the parking lot at the end of my shift working on a report and ms. dockery and her son came over

and approached other officer in the parking lot and asked if a male officer would teach her son how to ride a bike. his bike had been sitting in the kitchen for over a year and that officer came over and asked me and i said yeah, sure. let's do it. >> sandra: fantastic. how did it feel to have a police officer teach you how to ride your bike? >> it felt great. >> sandra: it's a good feeling to learn how to ride a bike, isn't it? mom, what did you think when you saw it happening? >> i was amazed and shocked. i was amazed and shocked he agreed to do it and i was overwhelmed with joy and still speechless. >> sandra: the police department happened to be across the street, right? you see the police officers all the time and your mom i think mom you didn't know how to ride a bike, either, right?

>> no. >> sandra: so you said can i get some help? >> yes. >> sandra: so good. officer, how did it feel to be able to help him out? >> i was amazing seeing the smile on his face and seeing how quick he could react and just riding the bike. he did an amazing job the short time that we did it. >> sandra: officer, what is the secret. there are parents everywhere everyday somebody is teaching somebody to ride a bike. how did you do it? >> i just listened to what he wanted to do and patience and just being there when they need you. >> sandra: it's a good stuff. you took a couple lapse with the police officer and you said i got it and you rode off. what did that feel like? >> it felt like very good.

>> sandra: now i bet you ride your bike all the time, right? >> yeah, he actually was on -- he actually goes to the parking lot across the street. so we can see him riding his bike. >> sandra: it's a fantastic story. we love the video. officer, you did a good thing. mom, you have a great son and congratulations, you will know how to ride that bike the rest of your life. thank you. all right. >> thank you. >> sandra: we'll be right back.

>> someday we will have to reveal sandra smith's trick on how to ride a bike. >> "outnumbered" starts now. ♪ >> harris: growing backlash now in california over the newest stay-at-home order, it affects some 33 million californians. democratic governor gavin newsom ordered the closure of hair salons, bars, indoor dining's, as covid hospitalizations continue to rise. critics including business owners say restrictions favor certain industries over others. a larger number of california sheriffs now say they will not enforce the governor's order. the latest, riverside