a dramatic scene after a massive chemical explosion, residents forced to shelter in place, a scary situation. >> give us a chance to argue what we think is right. todd: texas hoping to end the election fight in the nation's highest court taking on the results in four other states. >> business owner trapped under la county lockdown orders, a judge distinct restaurants and outdoor dining band. "fox and friends first" continues right now. ♪ bring me a higher love ♪ todd: every time this song comes on it energizes the crew, energizes us.

carley: makes me almost want to work out. todd: welcome to "fox and friends" on wednesday morning. carley: nevada supreme court throws out the trump campaign appeal to overturn state election results as texas filed its own lawsuit against four other states. todd: on a bike run, workout machine, the president's legal team continues this fight. >> reporter: another setback in the president's legal fight, the nevada gop says they are disappointed noting they were not allowed to argue the case before the supreme court. here comes texas suing battleground states in pennsylvania, georgia, michigan and wisconsin, asking the supreme court to declare the certification is in violation of the electors clause in the

fourteenth amendment, the votes cannot be counted. texas's attorney general ken paxton explains. >> our request, the only place we can go is the us supreme court's we are pleading please hear our case. give us a chance at least to argue what we think is right under the constitution. >> attorneys general, arkansas, alabama and missouri but unclear if the high court will hear the case as democratic election lawyer mark eli a sports the effort. >> these cases i described as press releases. i'm not even sure there was a filing fee in the state of texas. this was an act of some bizarro world of desperation. don't know if it is politics. todd: the supreme court delivers

a blow denying a petition to nullify certification in a case by congressman mike kelly, that it was unconstitutional. widely viewed as the president's strongest case and kelly says it is not over. >> not granted temporary injunctive relief. it is not me that our lawsuit does not go forward it means the temporary injunction relief has been taken away and will allow appointing the electors but by no way is this over. todd: they are geared up for a fight in georgia, the are in see launching a preemptive lawsuit to enforce election laws and grant proper access to the polls. carley: the stakes couldn't be higher in georgia runoff, what the country will look like if democrats take the senate. >> they can pack the courts, they can attack the second amendment, give dc statehood,

give puerto rico statehood, four permanent democrat senators in a balance we will never overcome. it would be a friend to the constitution and the freedoms we hold dear. >> reporter: in a memo obtained by fox news georgia democrats plan to emphasize early voting and mail in ballots as part of the effort to boost turnout in next month's critical races. todd: a restaurant owner getting a big win in court, really against restrictions on outdoor dining. carley: what that judge had to say. >> in the 73 page ruling, the county did not make its case for the indefinite shutdown writing this is an abuse of the department emergency powers not grounded in science, evidence or logic and adjudicated to be unenforceable as a matter of law, the county attorney pointed to a recent spike in cases to

justify closures, 2300 reported monday alone saying the county wasn't, quote, scary new territory but the liberal restaurant association argued 3% of nonresidential outbreaks occurred at restaurants with those mostly at fast food chains, a symbolic win for restaurant workers as they speak out against the restrictions. >> congress elected officials owned by corporate america or silicon valley the rules don't apply to them but applied to small businesses getting crushed like in annville on adult bird and they didn't seem to care about it. i don't know what is in the minds of people making decisions but it is hurting a lot of us. >> 150 people arrested after harvest -- house party calling it a super spreader event. stricter lockdown measures being taken around the country with washington extending its more severe rules on indoor dining and jim closures until january 4th and massachusetts closing restaurants and jim's.

>> hospital systems keeping up with a sharp increase in severely ill patients, we have to do more. >> the uae announcing china backed vaccine is 86% effective. it comes as donald trump touts vaccines signing in order to ensure americans get it first was us pharmacies preparing for the rollout. >> we have established infrastructure to do this. we are trusted in the community. 60% of our stores are in areas more vulnerable to covid-19. >> coronavirus task force member admiral brett gerard says most americans will get a vaccine by late spring. >> thank you so much. >> joe biden promising a massive rollout of covid-19 vaccine once he takes office. >> this team will help get 100 million covid-19 vaccine shot in

the arms of the american people in the first 100 days. 100 million shots in the first 100 days. >> biden said front-line workers and seniors would be the first to get vaccinated and in the same timeframe by providing funds for safety measures, ventilation and classrooms and staff. dr. janette nesheiwat joined us to say joe biden asked plan looks similar to donald trump's. >> quite similar. our priority should be keeping children in schools, education is critical, 100 million doses is similar to what is expected right now. 60 million in january, 50 million in february, similar to excellent goals to have. neil: first doses pending fda approval. >> four people are hurt after a

massive explosion in west virginia. drone footage shows intense flames at the former dupont chemical plant. the explosion reportedly involves chlorinated dry bleach and methanol. a shelter in place order has been lifted. it is unclear what caused that explicitly sweeping changes being made following an extensive investigation at fort hood. the army firing and suspending 14 officers and enlisted soldiers. the findings revealing chronic failures of leadership that led to a pattern of violence including murder, sexual assault and harassment. the family saying they are satisfied with the results the plan to continue asking for justice. the 20-year-old soldier's remains were found back in june. todd: the house overwhelming approving a $740 billion defense bill, the vote was well above the 2 thirds support required to override a potential veto.

after donald trump renewed the threat to veto the bill unless lawmakers get rid of a provision to create a commission to rename military installations and crackdown on social media companies. this christmas classic inspiring a twist on a holiday tradition. >> do they come back? ♪ carley: in honor of the iconic film turning 30 years old a cake artist created a gingerbread replica of the mcallister home. the 5 foot tall structure includes the van driven by the robbers. it is on display in england. todd: look at that. carley: can't believe the movie is 30 years old. 9 minutes after the hour. congressman eric swallwell blames donald trump after a report of a relationship with the chinese spy.

congressman elect luke letlow talk about the threat china poses to the united states. todd: tping the house on purpose. i have the worst initials. to wipe away 2021 "fox and friends" on wednesday continues. ♪ the happen happiest season of all ♪ with holiday greetings ♪ and gay happy meetings when it comes to autism,

finding the right words can be tough. finding understanding doesn't have to be. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. >> reporter: these revelations ought to be a shock and wake-up call to everyone in washington but they won't be because we have seen washington politicians look the other way with china for years and years now. todd: holly talking about the report on espionage on capitol hill involving a suspected chinese spy with close ties to

congressman eric swallwell. jillian: he has access to the country's most sensitive secret so why isn't there more urgency around this issue? luke letlow won the house race for confronting china when he gets into washington next month. congratulations on the election win. >> thank you. i am ready to go to washington to change the way we do some things. jillian: john radcliffe said china is the biggest threat to the united states since world war ii. what do you think needs to be done to confront this issue? >> we need to hold china accountable, whether it is trade or espionage, somebody willing to stand up for the country and make sure they are doing what they should be doing. carley: we talked about eric

swallwell, when it comes to the issue we are learning with chinese national, he responded, i have been a critic of the president. i have spoken out against him. i was on both committees that work to impeach him. the timing of that should be looked at. he's blaming donald trump on that front. >> damage control by eric swallwell but going back, how did this happen? not just swallwell's case but others. how did we let china play us like this at the highest levels of finance and government and the like? >> there is a long history of this was for too long we've not been willing to stand up to china or call them out for being a bad actor and continue to put the pressure on that donald trump was doing the last four

years. the steps we have taken our nation is safer but bad actors like this situation makes it more clear we must hold china accountable. todd: what are your priorities when you get to washington? >> for us in louisiana we need to get our economy up. for too long we had employers, small businesses that can't get employees because the government continues on that front. we've got to deal with the pandemic, serious, has to be dealt with in a safe fashion. we can't have two disasters in one. we must reopen our economy. todd: we appreciate your time as always, sorry about lsu but you won last year. >> that is right. carley: you won the important race. thank you so much.

still ahead walmart and sam's club selling at home covid-19 tests but it will cost you the price for convenience. todd: the golden state, elon musk leaving california as he passed's his bags -- packs his bags. ♪ moving out ♪ i am moving out ♪ highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam zinc that cold! smooth driving pays off you never been in better hands allstate click or call for a quote today

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get self protection for $10 a month. carley: an f-16 fighter jet crashes in michigan's upper peninsula. the emergency crews searching for the pilot in the hiawatha national forest. the jet is assigned to the 100

fifteenth fighter wing in the madison. it was on a routine training mission at the time of the crash. right now the search is on for where the pilot ejected. todd: the judge who oversaw michael flynn's case dismissing charges. he says his pardon does not make the former national security adviser innocent and the appropriate course is to dismiss the case as moot, donald trump arming flynn for all charges stemming from the russia probe, donald trump tweeting thank you and congratulations to general flynn, he and his incredible's family have suffered greatly. carley: elon musk officially leaves california for texas. todd: foxbusiness joins us, the tech exec, his former friends in silicon valley. >> reporter: elon musk confirming, he is tweeting one

of his rockets with the caption out on the pad in south texas which he compared california to a sports team that got complacent saying california has been winning for a long time and are taking it for granted a little bit referring to the high tax high relation golden state where tesla -- but also moved his foundation to texas and space x have large presences in the lone star state. joe concha joins us. >> why wouldn't you want to stay in california. you have high taxes, wildfires, earthquakes, traffic, smog, no seasons except oscar enemy season, pollution, poor education system. >> in texas you get good barbecue, music and southern hospitality. carley: at home covid-19 tests being offered at walmart. >> reporter: at home covid-19

tests online. a nasal swab or a saliva sample. standard shipping depending on what you pay, you have to compete an online survey but the next stage is here. todd: when in doubt ask. >> leave it to new york city politicians who make living here even more expensive. faced with a budget crisis localism women proposing charging an extra $3 for every package order online for every new yorker to policy transport station that would apply to everything except medicine and food delivery that would raise $1 billion and incentives that new yorkers would shop local. negotiate with the nta union but that is the story.

carley: you might need some tequila. >> reporter: the rock is rocking the booze world, a record-setting first year of sales according to forbes, selling 300,900 cases and ship 400,000 cases in its first year in business. he actually beat out george clooney on the sales. carley: george clooney's tequila company, giant checks after he made millions of dollars. todd: in the spirit of the holidays, that story, can you smell the distilling, she rejected it and laughed at me. it hurts.

still had a legal win for restaurants in la county. a judge calling the outdoor dining been an abuse of power. >> a workaround calling it a place for peaceful protest. that owner joins us live next. ♪ it's been a tough year.

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efficient, productive, seamless. ok, i'm in. whatever your business is facing... let's workflow it. servicenow. jillian: a judge tearing to a county's outdoor dining been due to the stay-at-home order, that man remains in effect today. our next guest is among americans refusing to lose everything to those lockdown orders declaring the seating outside her coffee shop a peaceful protest. the joining me is the owner, patricia neal, good morning. >> thanks for having me on your show.

carley: i want your reaction to what happened in la county. a judge sided with restaurants saying they should be allowed to have outdoor dining. the judge said the county failed to perform the required risk-benefit analysis, could be expected to consider the economic cost of closing 30,000 restaurants was the impact the restaurant owners and their employees, the psychological and emotional cost to the public tired of the pandemic but because of the stay-at-home orders the outdoor dining been remains in effect. what is your reaction to all of this? >> my reaction was i was elated when i heard the news. and afterwords because of the state's ruling, i was disappointed but here i am where i was. it looks like i will have to stop my peaceful protest and bring my tables and chairs in which is what needs to happen.

carley: you decided to call it a peaceful protest. explain why you are doing that and how you came up with the idea? >> the health department and my coffee shop is a great area. they said you could always peacefully protest. i thought why not? so many other groups do it, why not a small coffee shop? peacefully protesting for outdoor tables and chairs. not as if it was a ton. this was really disappointing to not be in the category because we are not actually dining, we are sitting outside having a cup of coffee. it is a gray area for coffee shops and we are stuck in the middle. carley: go ahead.

in la county you are allowed to gather for peaceful protests so you call your business that you are sort of finding a loophole in the rules. are you going to keep doing that are you going to stop? >> i am on the fence right now. mostly patrons have been wonderful and super supportive but there have been a few that were angry, reprehensible. i really wish people would see that there is so much hypocrisy happening, the way people are sort of internalizing what is happening and i wish people would feel for us as restaurateurs and give us more support. this is so hard to close up and

close open, it has been a nightmare. i have had to hire 3 separate sets of employees. i will be in business 20 years next year and this is the first time in my life i might be done and i just am heartbroken. carley: that is so devastating and it is a thought you share with many people across the country because we know 110,000 restaurants have permanently closed amid the covid-19 pandemic but you are fighting the good fight. have you received support from your community in staying open? >> absolutely. the community of eagle rock is fantastic and amazing people and i'm blessed to be there. carley: we hope you will be able to survive this, that your business continues to stay open. we know what this coffee shop means to you. if we were closer to you we would be getting a cup of coffee

from you this morning. thank you so much for coming on, we appreciate it. todd: you can say that again. it was so cold yesterday i needed hot chocolate, coffee, the whole gamut. it is winter almost. >> janice: that happens in december, it gets cold. across the central us temperatures are quite mild and we will get there is temperatures come up a little bit but the east coast all the way to florida are feeling the cold air, the gulf coast in the 40s, memphis, 39 in kansas city, lake effect snow happening over the great lakes. another thing that happens this time of year as the cold air comes across the warmer great lakes we see the accumulation in ontario and lake michigan. we are also going to watch the potential from oyster to get into areas that don't typically see a lot of it, the southwest.

over the next couple days we will be dealing with rain and even mountain snow across the southwest as well as the northwest. i wish i was there to have hot chocolate and coffee but one day i know we will be together again. todd: christmas like nobody has done it before. >> janice: christmas every day. see you later. carley: listen to this was a missouri homeowner is ready to wipe away 2020. look at his fresh approach to christmas decorating this year. large bowls of toilet paper dominating the front lawn. todd: the rush during the pandemic was an inspiration for the display, took a week to create. i'm thinking to myself a couple times i visited the store hasn't been a lot of toilet paper. this guy's house, as far as decorations go. 34 minutes after the hour. senator marsha blackburn will join is coming up.

>> natural disaster left behind, the president of team rubicon explains how you can help on day one of our holiday series 12 days of giving.

carley: fox news alert, moments ago the uk issuing a warning on the pfizer covid-19 vaccine. those with a history of significant allergic reactions are advised not to get it. they reportedly suffered a reaction after getting the shot when they started yesterday in the uk. pfizer has not commented. todd: a cool animation and jingle, 12 days of giving

series, disaster relief organization team rubicon, the veteran the group mobilizes volunteers to areas hit hard by natural disasters. now they are assisting with pandemic responses in communities across the country. how you can join the mission, art, great to see you but usually when we see you it is in response to a hurricane or a tornado. this year you expanded your focus. how? >> we try to respond to needs generated by covid-19, medical testing, augmenting hospital staff. the distress caused by covid-19. todd: establish mobile testing sites, food bank operations, serving 2.73 million, a lot of food.

and providing medical support. look at your organization, your team continues to grow, always struck by the fact that veterans and the endless wealth of selfless service to others that gets them to join an organization after they left the service fighting for our nation. >> the volunteers are serving again. they join us to continue to use this in the military. and education to help people on their worst days, domestically in the united states. todd: how can civilians help out? >> go to team rubicon usa.org, 20222.

todd: you can donate $25, what you see on screen. we love talking with you under tough consequences. as we approach the holiday season, give hope to people struggling during a tough year. thanks for having us. todd: still had congressman elect nicole joins us live next. devastating su rge.. - hello, i'm michael youssef. lately, we are hearing so many conflicting voices and i don't blame you if you are anxious and worried and troubled. but if i told you that there's only one voice that you can absolutely trust. after all, he wants nothing from you

and wants to give you everything. i'm talking about the lord jesus christ, who said, " come unto me, all who are carrying heavy burdens and worry and anxiety. and i will give you rest. " he's the only one who can give you true rest and peace. will you come to him? - [female voice] are you waiting to find a trustworthy voice in the midst of the chaos of this world? visit findingtruepeace.com to find a voice that will never let you down. again, that's findingtruepeace.com.

todd: a busy 3 hours coming your way. please watch carefully as we

welcome texas attorney general ken paxton, why he believed the lone star state is suing spring states and will be successful in the end for the current president of the united states. pete hegseth, charles payne and the california decision to say there is no science behind the shutdowns of gins and restaurants. what that will mean for small business owner, we will talk about that as it ripples throughout the country, judge getting a star on the hollywood walk of fame. the movie industry when you can't have crowds and how he was able to raise $21 million for all those restaurants. we brought you this story about this grinchy mall who refused to grant a child's wish to get a nerf gun, the kid cried. the young boy is getting his wish. and how i just read the story for christmas cheer.

those stories over the next 3 years. todd: republicans flipped a house seat in deep blue new york city waving a warning flag about a surge by new york colleague alexandria ocasio cortez. >> this should be a concern beyond the big apple. good morning. you are the only republicans in congress in new york. that is an accomplishment in and of itself. you are vowing to take on the squad. how do you plan on shaping that? >> we entered orientation of the capital. like-minded americans share the stories. i'm the daughter of immigrants,

my mother is a cuban refugee. and grew up under soviet union, carlos jimenez from cuba. we share the same desire to preserve the nation and make sure future generation can pursue the american dream which is under attack by the socialist squad, trying to look at the economy and get rid of free-market, led to our success as a nation. here in new york it is spreading. she gained additional allies in the house and the slate of candidates to new york city council, they want commitments to support the bds movement.

it is to push back against it and across the country. we need to maintain that. todd: why has nobody stood up to her? why are people scared of her? >> people in her own party, the last cycle, stand up against her, more to the left, cannot be satisfied. >> the cdc sharing information on who receives coronavirus vaccine to keep track of underserved communities and governor cuomo said he's not going to do it because he's afraid information will be used, an example of them to extort the state of new york at department of homeland security and ice that they will use to deport people and operation warp speed,

no social security, drivers license, was asked to date of birth. what is your reaction? >> the mayor and the governor implemented a number of dangerous policies. that is inaccurate what they are claiming. and they were undocumented and nobody tried to do that. and and investigation, over the border. and to fit their narrative.

>> people get nervous and scared. if they get the vaccine. congresswoman elect, appreciate your time. carley: senator marsha blackburn joins us live next. when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org.

.

. carley: good morning, welcome

back. relief for workers could be on the horizon. lawmakers inching closer to a bill that would include billions more for the paycheck protection program. todd: but, as you know by now, shops and restaurants are closing at devastating rates and americans can't wait any longer. joining us with more on when this deal could be done, senator marsha blackburn. senator, thanks so much for joining us on our program. i mean, look, you have heard the stories, you have seen them on our air and elsewhere. people are struggling. when is this going to get done? >> well, todd, you're right. people are struggling, and i see it in tennessee every single day. as i'm talking to small business owners, as i'm talking to people in the live entertainment industry and bear in mind they were shut down overnight. and we continued to push forward. as you know, we have had a bill on the floor of the senate twice and each time democrats have voted in lock step against that

funding. and then you hear nancy pelosi come about and say well, now that we're going to have a new president, as she is hoping, where it's okay to vote for funding. and how terrible that she has admitted using people and their plight as pawns in order to get her political way. i find it to be absolutely disgusting. but, we are trying to reach an agreement. we would be hopeful that we can do another round of ppp, plus up in unemployment insurance to add that extra $300 a week. bear in mind, people lost their jobs through no fault of their own. and then, of course, money to speed along the vaccines and antivirals and therapies. money to get schools open because i hear it every day. people want to go back to work. children want to go back to

school. carley: yeah. well, this bipartisan bill includes $28 billion in support for small businesses and ppp loans which would be much needed relief. can you say with confidence that something is going to pass before the end of the year? >> oh, i cannot. because twice we have put our legislation on the floor. which is the extra ppp and the plus up in unemployment. we could have had this done two months ago. two months ago. and think about the impact, carley, that would have on individuals who need that extra $300 a week. but, basically, because you've got chuck schumer and nancy pelosi who would rather play politics than solve a problem. this has not been done. and if they think it helps them politically in races in georgia, they are not going to do it. they are going to wait and let people suffer and, as i said, to

me, it is absolutely disgusting. todd: it's quite a situation to watch from afar as you see these businesses suffering. let us switch gears to obviously the big talk of the town. the fda meeting tomorrow to decide if it is going to grant emergency use authorization for, of course, the pfizer covid-19 vaccine. i mean, i think a lot of americans are wondering what i'm wondering. if it's an emergency, if we are looking for an emergency use authorization, the fda does not seem to be moving at a speed that i would consider one you would do in an emergency. i hear emergency. i rush, i hustle, do all that seems to be taking its time. what say you? >> what i say about this is this is exactly the reason president donald trump started operation warp speed. he knew that the bureaucracy was moving too slowly to address a pandemic. so he called all of the

pharmaceutical manufacturers to the white house and said let's get in behind this and get the job done. he put the operation warp speed project in place. this is a medical marvel that in this short period of time we have not one, but two vaccines that are ready for approval that we have antivirals and therapies. we have vaccines three and four in the pipeline that are going to be close behind this. and it happened because he took an action. he made a decision. he said we're going to do this. i remind you that back in 2010, with barack obama and joe biden, what happened when he had this the bird flu h1n1 they went from april to october before they declared it a pandemic, 60 million americans were infected while it was much less

deadly still you had americans suffer because it took them six months to make up -- this is a difference in a president that takes action and a president that wants to move things to committee for discussion. todd: meantime, senator, let's switch gears again you are getting into the podcast game with a podcast called freedom rings. tell us about it. >> oh, yes. every time i would be across in tennessee, people would say marcia, tell me about some of the people that are really fighting for us. so, we decided to start a podcast called "freedom rings." people can go to freedom rings podcast dot okay or go to my political website marsha blackburn and find out more at vote marcia. what we have done is pull together some of these happy

warrior freedom fighters. kelly loeffler, senator rick scott, they are telling their stories about how they gray up and people can -- todd: senator, we have got to leave it there good luck with the podcast. "fox & friends" starts right now. carley: thanks, senator. ♪ ♪ todd: lone star state show down the texas ag four battle ground states their elections. >> make sure that the constitution is followed and every vote counts. >> failed to show any proof to back up their ban on outdoor dining. >> data doesn't exist. we are getting crushed like. >> anna: ville on a -- >> we are days away from authorization from the fda. at which point we will immediately begin mass distribution. >> we know it's going to be effective and give us what's called herd immunity. prosecutor putting a new twist on law and order in los angeles. >> he told staff to not prosecute trespassing, disturbing the