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 peace. driving without a license.

prostitution and resisting arrest. >> the smartest man on the planet has decided to move away from the dumbest governor in the united states. >> over 200 yards rushing on the ravens in the ballgame. fourth time this season and caught for the touchdown. ♪ i'm dreaming of a white christmas steve: live from new york city. there you see the core crossroads of the world let's call it 48th and sixth avenue in front of our headquarters the christmas tree. it is wednesday, december 9th, and welcome to "fox & friends," everybody. ainsley: all right. we heard about that little boy with the nerf gun yesterday. he asked santa for a nerf gun at the mall and santa said no not a nerf gun. steve: anything else? not a gun.

ainsley: not a gun. i watched you tease our show on "fox & friends first." brian: right. ainsley: there is a big reveal. will: which i kind of revealed. ainsley: showed up at the kid's house. >> i did informal study. the safest thing in the world is a nerf. you can't get hurt with a nerf. kid in the 1970s were playing with nerf balls and according to studies that have recently been done. okay, i couldn't do any studies. broke including fingers and noses. steve: a little boy's heart broke. brian: thank you. steve: can you break something with a nerf gun but we have a happy ending to that story. plus, we will figure out exactly who it was that got the letter from the neighbor complaining about the christmas lights. so we got a busy three hours that starts right now. brian: right. just for the record if you watch fred claus there are bad noe bad kids. nobody naughty on christmas. we begin with griff jenkins as

nevada supreme court throws out a trump campaign appeal to overturn state election results overnight. griff, it's about 50 cases for the president's team and no victories yet. griff: that's right, brain, ainsley and steve. good morning to you. overnight a set back for the president in nevada. the clock is ticking toward the electoral college next tuesday. look out, here comes the lone star state. pennsylvania, georgia, michigan and wisconsin. asking the u.s. supreme court to declare their state certification is in violation of the elector's clause and 14th amendment thus their electoral college votes cannot be counted. texas attorney general ken paxton explains. >> our request is we want to be heard. the only place we can go is the u.s. supreme court. we are pleading with the u.s. supreme court. please hear our case. give us a chance at least to argue what we think is right. we want to argue the constitution. >> paxton has company. the attorneys general of four

other states are supporting text, arkansas, louisiana alabama and missouri. all backing the motion. it's unclear if the high court will take this case up as legal experts say it's a long shot, at best. this as the supreme court delivers a major blow to the president in pennsylvania denying ago petition sfikas in a certification brought by mike kelly arguing that was. connell: constitutional. viewed as the president's strongest case. kelly says it's not over yet. meanwhile, gearing up for a fight in georgia in senate run off races. the rnc yesterday launching a preemptive strike. >> we are filing a lawsuit for them to actually follow the law that's on the books that they didn't follow in november. and we want to make sure we get this done before this run-off in january. griff: mcdaniel toll have the state election laws enforced and granting proper access to polls and ballot-counting we will see where that goes.

steve, ainsley, and brian? steve: thank you very much, griff. very thorough report there are a bunch of cases there let's start a little bit about talking about the first one he talked about which was down in texas which is being referred to as a hail mary legal bid where ken paxton, who is going to be on our show in about an hour and a half. he is suggesting that the way other states ran their election, you know, in michigan and georgia and pennsylvania, wisconsin, the way they ran theirs impacted texas. it would be interesting to see if the supreme court agrees with that jonathan turley last night said that he thought that it was a long shot. he also weighed in on the supreme court rejecting the pennsylvania case. he said that was a big blow. here's mr. turley. >> it is a big blow. you know, we have talked in the past about how the president was running out of runway. and at this point to really make a difference, he would have to land a jumbo jet on a postage

stamp. he does not have a lot of run way left. at the same time, it would be nice if some democratic senators actually apologized to people like barrett and others. you know, during her hearing, they put out these conspiracy theories that she was was being put on the court to aca or steal the election. none of that seems to be true, obviously. ainsley: ken paxton in texas says is he suing against these states because they acted against their own constitutions. the attorneys general of michigan and wisconsin is saying that paxton is running a circus. but if those four states are overturned, what would that mean for the presidential election? steve: asking to throw out all the mail-in ballots. brian: consistency with all this students filed. no one says where it has come from. does the numbered a up to something to overturn that state number one. number two, why didn't you say this earlier, 233,000 mail in ballots in 2016 in pennsylvania. now it's 2.4. a lot of those numbers don't add

up in terms of a lot of these voter rolls don't add up to the people that are actually in those states. those are the challenges. you won't allow election observers in that's theory issue. absentee ballots had they been cured in a equal rate. differential sizes and different lawyers have filed different suits in different states. so far the judges are saying it's not going to work. as you just heard jonathan turley, not optimistic that texas' hail mary is going to be effective. let's talk about what is hang. because of this virus we had all of these mail in ballots. because of this virus we have these shut downs of small business owners while the places like outdoor malls like targets, like costco, like walmart, they are allowed to stay open. they kept saying hey, restauranteurs stop complaining for the health of the people you have to shut down. after a while some of these restaurants and gym owners say excuse me, can you show meet

science that says things like outdoor training and outdoor eating is a problem? well, when they brought this to the district court judge, superior court judge in los angeles, guess what? the state of california really had no science. the science that was presented only 3% of the cases were positive cases were for positive cases for coronavirus came from outdoor dining. so this is what the superior court said. this is support of a 73 judgment. restaurant close your order. abuse of the department's emergency powers. not grounded in science evidence or logic. logic we knew about. and should be adjudicated to be unenforceable as a matter of law. i don't know how much better that's going to make restaurant owners feel over the next three weeks because it looks like it's not going to change anything immediately. but, my goodness, after this, good luck trying to enforce that order. steve: it's not going to impact anything because just for three

weeks this order is up for three weeks. steve: well, here's the thing. this particular judge was ruling on the county rule. the county stopped all indoor and outdoor dining. takeout. symbolic win but keep in mind the state law supersedes the county law. and so, essentially, they are going to remain closed even though, you know, this superior court judge james chalfant said to the county show me the economic analysis that proves that what you're saying is true? they said whoa, we can't do that. and he essentially threw the book at the county. they called it border wall borde impossible. it's impossible for these businesses to stay up and at them and, you know, able to provide a service when nobody is coming in. they might do 100 or $200 worth of a takeout, anxiously, over any particular day. they need the people sitting down in the chairs.

some of the localities are actually reclassifying. rather than outdoor dining they are calling them public spaces so they will be able to serve people in the public space, which is not really the restaurant. ainsley: one coffee shop owner said she has labeled her outdoor area a place for peaceful protest. steve: good. ainsley: so she can remain open. steve: an au. autonomous zone. you have to remember these are folks that folks make big fat paychecks shower put on a suit and go to work. these are people who get dirty at work. they have to come home and take shower. they will don't make a lookout of money. middle class, they can't afford not to have a paycheck. you see the governor going to spend $10,000 on his wine bill at french laundry. but they are saying we can't even afford that you know, we don't have $10,000. and so these are folks who really want to work. and it's hurting the small business owners which will eventually hurt the economy. here is one chef. chef andrew, that celebrity chef. he was on the food truck

face-off on food network. he has been speaking out against. this owns a restaurant called slap fish in huntington beach, california. here is what he said. >> we live it see it day in and day out. we see and recognize that all of our guests are taking these safety precautions doing so in small groups and socially distancing. it's crystal clear either it's congress or elected officials they are owned by corporate america or silicon valley perhaps the entertainment industry and the rulings don't apply to them. but they obviously apply to all of us small businesses and getting crushed like anvil on a dove bird. they didn't seem to care about it. you know, i don't know what's in the minds of the people making these decisions but it's hurting a lot of us. ainsley: even though the judge did say there is no evidence of outdoor seating contributing to the increase of covid, it's really just symbolic because that whole state has a stay-at-home order. brian: for now. this could be challenged legally. mark geragos --

ainsley: southern california. steve: it's five region. brian: do with the goal of keeping people at home. not a comment on safety and outdoor dining. they are lying to you like your little child who wants to go out at night and just can't be told the truth by your parents. if you are a restaurateur, you have got to bring this to the highest level. they have already been challenged at high level mail-in balloting the governor no right to do it unsolicited ballots. same thing with small businesses. one person who doesn't care much about it the guy who runs at thela. name on the tip of my tongue. famous most richest smartest person in the country elon musk. he has picked up and taken his business to texas. listen to why.

-- people i do think that if a team too long they become complacent and entitled and don't win the championship anymore. california has been winning for a long time. and i think they are taking it for granted a little bit. brian: right so, they are taxing the rich right out of their state and vilifying them. they are allowing homeless to come in. not enforcing their borders. only thing leading the country on is crime and pest do you lens. adam carolla still lives there for now. >> i just heard today that elon musk was moving to texas. the smartest man on the planet has decided to move away from the dumbest governor in the united states when the smartest guy in the world says i'm moving what does that say to the rest

of us. steve: he revealed at that "wall street journal" summit yesterday. when the governor of california issued that shelter in place order and shut down tesla. and elon musk said, you know what? then i'm going to move to texas or some place. brian: he did it. steve: gavin newsom said i don't think that elon musk is going to be moving any time soon. well, is he moving now. there is also a pretty important reason. texas has no state income tax or capital gains tax for individuals. and keep in mind, elon musk, who is now the second richest person on the planet, he qualified this year for billions in stock options compensation as part of his pay package. so maybe that also has something to do with the fact that he is heading to texas. ainsley: i remember when i moved to texas from south carolina i was more excited about that have more money in my paycheck. the property taxes are a little bit higher. steve: got to pay for stuff.

ainsley: that's right. but you still save a lot of money. when he is slated to make 50 billion off his stock options is he not going to have to pay taxes on that in the state of texas. set second richest man behind jeff bezos number one behin owns amazon. >> three people in neighborhood got the letter and she said the lights when she pulls up to her house they give her joy when she comes home from working on a covid floor at the hospital. she is a nurse. this is what the letter said. a part of the letter that she got in her mailbox. the idea of twinkling colorful lights are a reminder of divisions that continue to run through our society. a remind of systemic biases against our neighbors who don't celebrate christmas or who can't afford to put up lights of their own. we must do the work of educating ourselves about the harmful impact and outward facing display like yours can have. i mean, come on. brian, it's christmas. she wants to put up lights.

we all need more lights. we all need -- it's not that much. steve: it's not griswoldy. brian: that's the mindset has people looting stores and taking you have too much. it's not yours. why am i stuck in america? why has god forsaken me with this horrible group of people with this terrible history. so kim huntington says this as she was shocked in receiving this letter. here is an excerpt what she said the lights give me joy after coming home as a nurse working with covid. i wish we could all celebrate diversity and honor each other's traditions. we need to be inclusive of everyone. let's face it a lot of people put up holiday lights and decorate their homes for things that can be very ugly in this world. it's not a sign of affluence in my hummable opinion if you have lights on your house or even decorate for halloween. a jack lantern needs a jigsaw and one pumpkin. doesn't mean you are rich and putting in your neighbor's face.

if have you lights around your door. i bought nights the other night i got a roll of 50. i prefer 25. i overestimated the size of of my tree and i just needed an additional 25. i think it cost me $4. it's not a sign of wealth that you can pay $4 for lights. that's my opinion. steve: the but the letter writer is doing exactly what they accused the home owner of doing. that is not being accepting of other people. ainsley: i hope that person who wrote the letter feels bad now. brian: doubt it. doubt it. steve: the nurse is taking the high road. listen, as you said three other neighbors apparently got it. there is some question whether or not they know who the person is. ainsley: i was driving through the town yesterday and there was a manger scene and next to it red, white and blue christmas trees i was like i love this town. brian: anyone else on the high road except this nurse? if you are on the high road right us. no one is taking high road anymore. it's good to see.

steve: not enough people take the high road that's the problem these days. ainsley: say a prayer for that person who wrote the letter and hope she has a merry christmas or he does. brian: i'm going to pray when i toss to carley that she is there to accept it. carley: im, indeed. that nurse's home is very, very beautiful. so she should be very proud of her decoration unless her house. we have got to get to headlines here. protesters attack portland police at an encampment in the middle of a neighborhood. the group demonstrating outside what's called the red house on mississippi where a family was evicted for falling behind on its mortgage. the group throwing rocks at officers, damaging their cruisers. seven people were arrested. president trump says pfizer's covid-19 vaccine is just days away from fda approval. now, if approved, it will be rolled out to tens of millions of americans this month. >> this is one of the greatest miracles in the history of modern day medicine.

carley: the u.s. has committed to buying 100 million doses of the vaccine. the judge overseeing michael flynn's case formally dismisses his charges from the rush probe. flynn's pardon does not make the former national security adviser innocent adding, quote: the appropriate course is to dismiss this case as moot. steve: all right. thank you very much, carley. ainsley: a new bombshell report alleges a chinese spy targeted california politicians including congressman eric swalwell. now the congressman is blaming president trump. brian: of course. ainsley: brett tollman is going to talk to us about that and is he going to tell us way to is wrong. brian: there is our logo. repair your enamel with pronamel repair. our most advanced formula

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♪ ♪ brian: bombshell new report exposing the threat of chinese intelligence. axios reporting that between 2011 and 2015, california politicians were targeted by a suspected chinese spy who reportedly got so close to congressman eric swalwell that the fbi jumped in. our next guest served as the chief counsel in the senate and regularly briefed the senate about the threat from china. brett tollman joins us right now. bret, axios worked on this for about a year to talk about what took place a few years ago. and i'm surprised by this. were you? should congressman -- should lawmakers have been? >> look, you law firms have been on notice fo -- law makers haven notice. we received briefings, many classified, brian. what were they about? the number one threat to our national security, the chinese.

they were outlining for us how they would utilize its citizens. send them into the united states and target, actually target individuals in congress to get close to them, to get close to senatorcenters of power. i have known if for years. many people briefed on it. the people absolutely up to speed on that were r. members of congress. evidently this woman ended up placing another intern from china there. i was shocked to see they use our colleges. you would think young students who come here to learn more about society and be more widespread well-read chinese citizens actually here as students really had a different objective. >> they are programmed, if you will, to come over here to the united states and they're told that at some point their government may need them to gather information. they will gather information about from companies, from schools. from the halls of congress. we were informed we needed to be

very careful, vet individuals as careful as we can and that we may be approached and contacted by people from china. brian: so anyone saying they didn't know is lying. here's what swalwell's spokesperson said because pictures of these guys going to different events together. congressman swalwell long ago provided information about this person who he met more than 8 years ago and whom he hasn't seen in nearly six to the fbi. to protect information that might be classified he will won't participate in this story. he indicates a little bit later that the reason why swalwell this story coming out about him is because he led the impeachment against the president. i doubt that here is a little of swalwell talking about russia being the issue. listen. >> the question has shifted from whether the president is working with the russians to what evidence exists that the president is not working with the russians. >> he has betrayed our country. i don't say that lightly. >> do you still believe that the president is a russian agent.

>> i think he acts on russia's behalf and puts russia's interest ahead, too often, of america's interest. >> you are a member of the judiciary. believe the president has been an agent of the russians. >> agent? >> yes. and i think all the arrows point in that direction. i haven't seen a piece of evidence that he is not. brian: your take on, brett tollman, this well-read swalwell? >> if i'm a chinese leader and i want information from the united states i'm going to target eric swalwell. is he just the kind of target that is going to have the audacity to believe that he is above all the other ruling, he it point finger at other people while at the same time is he posing as a national security threat. brian: tuls >> they don't want to do anything that might give them the perception that they are concerned about a country like

china and they don't want to appear to be biased and, you know, the problem is our national security investigators are the ones who have been informing them for years they are ignoring it while at the same time accusing republican us of being fear mongering and closing down our borders and concerned about national security, imagine that. brian: brett tollman, thanks so much. it's hard to imagine that joe biden considers china such a threat if he is looking at the 38-year-old mayor of south soutd pete buttigieg who doesn't speak mandarin to go over and be the next ambassador to china. not a great combination. bret, appreciate it thank you. >> thanks, brian. brian: meanwhile 28 minutes after the hour. l.a.'s new d.a. puts an end to cash bail and refusing to prosecute crime. crimes. a legendary manuel's tavern from closure. how loyal customers turned a

christmas wish into a reality. that story next. ♪

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once-weekly ozempic® is helping me reach my blood sugar goal. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 1-month or 3-month prescription. ask your health care provider today about once-weekly ozempic®. ainsley: loyal customers coming together in atlanta to save neighborhood tavern from being closed permanently. the campaign to save manuel's tavern raised nearly $150,000 in just one day. doubling the fundraiser's goal the owner of manuel's tavern is brian and he joins us now along with angelo, the loyal customer who organized this fundraiser. good morning to you guys. >> good morning. ainsley: good morning. >> good morning. ainsley: brian, start us off tell us why you were going to have to close. >> well, sales have been down 60% since march. expenses have been way up. and it was just a recipe for

definindefine declining funds. the checkbook was down to almost nothing. we were in trouble. and we had been waiting on additional government small business stimulus and it didn't come. ainsley: i know the restaurant has been there since 1956. jimmy carter it's his favorite place. angelo, you have been a loyal customer there what did you do. >> when i realized and i learned how difficult things were, brian felt he had to close the tavern permanently by the end of this month. friends meet here every week more than once decided we have to do something. and this is shot in the dark in a way. i really did not expect to have this kind of response. learned pretty quickly that it was within a couple hours.

had several thousand. kept going. so it is a statement of our affection for this place that is really remarkable. ainsley: brian, what do you want to tell the folks that work four? are they going to be able to keep their jobs now? >> i have already notified them. this has all happened so fast. it's just amazing that this past monday we sent a letter letting them know it was unlikely we were going to stay in business that was the most painful letter i have ever written. i have been able now to let them know that jobs are safe now. and that was probably the best letter i have ever written. ainsley: ance low, how are you feeling? because you organized all of this and sastled the restaurant.

>> i feel incredibly blessed it is not me it is what this from the people that they represent. and there were some pretty large contributions there were tons and tons of $5 and $10 and $20 and i would get responses from people several people things like i'm always sending $10 because i just lost my job. things like that. ainsley: looking out for everyone else. >> that was really touching. ainsley: brian, what do you want to say to the folks who donated and saved your restaurant? >> i don't have adequate words to express the gratitude that i feel towards everyone.

it's been overwhelming, very, very humbling i knew a lot of people loved us. to see it demonstrated in this go fund me account has been extraordinary. and it's given me a lot of make sure i live up to everyone's expectations and keep this place opened for a long, long time. i think the most frustrating thing in all of this is that, you we have a great product and a history and been doing everything right. it's just that mandatory restrictions on inside seating and so forth is just devastated business. ainsley: yeah it, can happen to anyone. you have been in the restaurant business and that's been affect sod badly during this pandemic. what do you want to say to the politicians? you hear what's happening with restaurants in california and all over the country. >> so, if i had any advice. i would tell owners to be honest

with their staff. to say reach out to the customers as best they can. to work with their local restaurant associations. to see if there can be some delayed payments on liquor licenses, maybe staggering of liquor license throughout the year. that would be what i would try to do. our success in this go fund me is -- has been angelo's effort and our history. there is a lot of places that don't have the history we do. we have been here since 1956. and we have had a lot of people come through here. millions of people come through here over those years. and -- this place has had a impact on them and they have stepped up. i'm so grateful. >> it is not me. it is the -- it's not my everett it's the history.

ainsley: you are a wonderful man organizing all of this. nothing sadder to go to your grandparent's hometown where you have memory of a restaurant or old drugstore served ice cream that's where i have my memories when you go back and see it shut down that's sad. i'm so glad that's not going to happen to your tavern. congratulations. god bless you. thanks for hiring all these people and keeping them in the restaurant and paychecks. if you want to help donate go on go fund me save manuel's tavern or go to our website foxnews.com and we have a link there got bless you both. merry christmas. >> thank you. merry christmas to you. >> same to you. thank you. ainsley: thank you. let's hand it over to janice. janice, isn't that a great story? janice: it was a wonderful story. and i love that we're supporting these wonderful businesses. it brings joy to my heart. ainsley: me too. janice: let's take a look at the weather, shall we? because it feels a little like christmas out there in some places. over the central u.s. temperatures are warming up. actually going to be 20 to

30 degrees above where we should be this time of year. if you enjoy the mild air across the central u.s. you are welcome. even though it's not really. i don't really control the weather. don't tell anybody. here's the satellite radar imagery where we are getting some showers and mountain snow across the northwest. this is a big pattern change that's going to happen over the next couple of days because not only are we going to get moisture for the northwest. but much needed moisture for the southwest as well. drought-stricken areas of the southwest including arizona and new mexico. up towards colorado. there is the picture today a loft mostly sunny skies here. we are going to see some lake effect snow. otherwise a warm and sunny day across portions of the central u.s. that warms my heart as well. steve, ainsley, brian, back to you. brian: all right. good job. love when you stand in front of the earth. good job jay lien -- -- janice. i said jay lene because she is

getting us copy of. fantastic if you have ever been there hello carley. carley: begin your headlines with this. two people are killed when a massive explosion levels a home. video shows the billowing smoke. the homeowner reportedly filed a protective order the day before the nebraska blast fearing for her safety. authorities have not revealed if she is one of the victims. two others were critically injured. so sad. rudy giuliani expects to leave the hospital as soon as today after testing positive for covid-19 over the weekend. the president's lawyer claiming he feels 100 percent better after taking the same remdesivir cocktail as president trump on his radio show. giuliani says the virus is now, quote: in the category of a curable disease. lori loughlin's daughter breaks hesilence on the college admissn scandal as her parents sit behind bars. speaking on red table talk olivia revealed she has not

spoken to either of her parents since they started their sentences. >> it's so hard i think for anybody no matter what the situation is you don't want to see your parents go to prison. >> yeah. also i think it's necessary for us to move on and move forward. i'm not trying to victimize myself. i don't want pity. i don't deserve pity. we messed up. i want a second chance to recognize i messed up. >> her parents admitted to paying half a million dollars in bribes to get olivia and her sister admitted into usc. many criticized the appearance as being tone deaf. oh, boy, more criticism, guys. steve: no kidding. carley: all right. thank you, carley. los angeles' county new top prosecutor announces sweeping changes on first day in office. george is putting an end to cash bail. brian: makes crime old news. he will also not nonviolent crimes like trespassing, making

criminal threats, public intoxication, resisting arrest. also called for an end to the death penalty calling it racist. steve: let's bring in tom homan actingites director. local policeman as well. tom, good morning to you. >> good morning. steve: you know, new york state did the same thing. how did that work out? >> it didn't work out and i would think this prosecutor the first thing he would do is study the issue and ask new york what do they think about what's happening? talk to the prosecutors. talk to the sheriffs in the state of new york. i have been in new york many times giving speeches this past year. didn't meet one sheriff or prosecutor who thought bail reform was a good idea. look what happened in new york city during the protests that turned to riots. looted businesses, burned business. assaulted cops were, in and out of jail within an hour it. doesn't work. steve: why are they doing it, tom? >> look, it's a progressive left, you know, the woke

generation pushing these new ideas. it doesn't work. i would think this district attorney would read his position description that says his duties to prosecute crimes and protect the community. and this moronic decision is he making does neither. so it's ridiculous. and i hope the tax payrolls of that county speak up and takes action. ainsley: so, around the country with the vaccine coming out. the cdc is saying we need to know who is going to take the vaccine so when you take the vaccine for the national registry name birthday ethnicity and address. governor cuomo here in new york heard that and he said absolutely not. that, he is scared that information will be handed over to ice. listen to this. >> this is just another example of them trying to extort the state of new york to get information that they can use at the department of homeland security and ice to deport people. that's what this is.

i will not do it. i wouldn't do it when they extorted me on trusted traveler program. i won't do it now. ainsley: tom, what do you think? >> look, i'm a native new yorker born and raised in new york. we have had a lot of great governors in new york. he's not one of them. bottom line is he needs, again, to do his research. because, there is policies that ice doesn't allow ice to make arrests in hospitals and doctor's offices and churches. so, ice isn't going to be standing outside of a covid vaccination center to arrest people. second thing he needs to do is data what ice does. nine out of ten of everybody ice arrests in the state of new york. are either convicted criminals or pending criminal charges. my last year as ice director we took over 5,000 criminals off the streets of new york. that they released in their sanctuary jails. 5,000 criminals that committed crimes against the citizens and taxpayers of new york. they should be thanking ice and

stop vilifying them. it's ridiculous. brian: tom, you wrote this incredible op-ed because this has been too long. devoid of fact. separation of parents and children as they came across the border you say this. the truth about the 545 children separated from illegal alien parents, that is the title. and you are go into detail about what would cause that separation. do you want to expand on it for our audience? >> well, look. they were separated because the parent was prosecuted. he was arrested for a crime and prosecute you had. thousands of u.s. citizen parents get separated every day when they commit a crime in the presence of their child. the child goes to cps and the child goes to jail. this story talks about how the administration separated these children and haven't been able to put them back together again. they had said there is a number 545 and 628. throw numbers to the wall and see what sticks. many of those parents not all of them many of the parents chose not to be reunited with their parent. they told ice agents and border patrol agents their end game was to get the child here, live with the other parent who is here

illegally or relative to get american education, hopefully immigrate and maybe immigrate them some day. the story is half baked and they don't tell the other side of the story which is typical. steve: and that's why it's great that you have written this op-ed. and we thank you very much for explaining to our audience what's going on. tom, thank you and have a good rest of your day. >> thank you. steve: you bet. all right. straight ahead. president trump hailing the vaccine miracle during operation warp speed summit yesterday. this as we await the fda's approval as soon as tomorrow. dr. saphier here with what you need to know on this wednesday. next.

steve: welcome back. president trump yesterday touting the progress of a covid vaccine at the operation warp speed summit at the white house. >> we're just days away from authorization from the fda and we are pushing them hoard at which point we will immediately begin mass distribution. we are exceedingly proud that both pfizer and moderna have announced that their vaccines are approximately 95% effective, which is a number that nobody expected to be able to get. to say. steve: all right. this all as the fda gives a positive review of pfizer's vaccine data.

what comes next? let's call in fox news medical contributor and author of that great book make america healthy again dr. nicole saphier. doctor, good morning to you, i'm sure you were watching the president at the white house yesterday at that particular vaccine summit. what struck you as the headline? >> well, you know, i think it is, again, it's a great message to remind everybody what an incredible feat this is to have multiple vaccines that have blown us out of the water in terms of efficacy and safety data and the fact that we will have millions of americans vaccinated by the end of 2020. this is something that no one expected to be honest not even myself. it's really crucial going forward that we are fully transparent regarding the information about the vaccines as we have a good amount of americans saying they are unwilling to take it when it's available. steve: sure. yesterday the story was that apparently the government has bought 100 million doses and pfizer is having a little trouble getting them all to us before the end of the year

because of production delays and things like that. it also sounds as if the government is negotiating to get more doses been revealed the government didn't buy all from one company because back in the summer we didn't know which vaccines were going to work. >> isn't it interesting get distorted and one dramatic headline after the other. the real issue is pfizer is not able to meet manufacturing goals. they said they would be able to provide 100 million doses and had to scale that back saying they could only provide 60 million doses. the headline is the united states didn't purchase more doses they could have purchased 200 million doses in the summer. guess what, steve, in the summer they didn't have a vaccine that worked. and the mrna technology is a novel technology. we have never actually had mrna vaccines in humans. why would they put all of the in one basket and funding in one vaccine. what occurred multiple vaccine candidates were supported with

funding from operation warp speed hoping that one, if not many, would be successful. so, that is why more doses were not bought at the time. i'm confident that they are going to get this worked out. we will have tens of millions of americans vaccinated by the end of 2020 and hopefully 450 to 100 million doses will come monthly after that. steve: all right. meanwhile, while the president was there in the white house talking about the vaccine and things like that. up in delaware, joe biden revealed his plan to combat the pandemic. listen. >> it's not a secret how to do it. masking, vaccinations. opening schools. these are the three key goals for my first 100 days. will be far, far from done. yet, it's possible that after 100 days will be a much further along in the fight against this pandemic. steve: okay. so the vaccinations part and the opening schools part is something that the president said. but now he's talking about

trying to mandate or rather requesting people, given his legal authority to wear a mask for 100 days. what do you think of that? >> you know, steve, it's like joe biden president-elect has been watching "fox & friends" for the past 100 days because that's what i have sansaiing. steve: have you. >> people need to be wearing masks and get vaccinated and open our schools. here is where i disagree with the president-elect. masks are not going to be our saving grace. people that believe mavericks work are already wearing masks whether there is a mandate or not. the crux of the issue is we need to get people to understand that masks actually do work. we have study after study showing that at multiple -- lessoning the spread of this virus in certain areas with mask mandates are, in fact, lessening viral transmission with that lag to be expected. of course, we also need to include that transparency with vaccinations. we need to make sure that we are educating people. we need to show them the data. show them why it is safe and why

they should consider taking the vaccine and goodness gracious, open the schools. we can't wait another 100, 200 days to open the schools. schools should have been open by now. and so i can't wait for joe biden to be in office before people start opening schools. steve: well, let's see what happens. dr. saphier, thank you very much for making a house call today. >> thank you. steve: all right. it's 4 minutes before the top of the hour. we have a busy two hours of "fox & friends" straight ahead. diswroinsd by pete hegseth and charles payne and texas attorney general ken paxton who has a case before the supreme court and wynona judd and guy. santa making a special delivery after mall helper refused to grant that little boy's nerf gun wish one that could mean... a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread and that tests positive for pd-l1

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♪ todd: a lone star state show down the texas ag suing four battleground states over their election. >> our job is to make sure the constitution is followed and every judge counts. >> a judge outdoor dining ban. >> the soared an abuse of the department's emergency powers not grounded in science evidence or logic. a new bombshell report alleges a chinese spy targeted congressman eric swalwell. >> these revelations really ought to be a shock and wake-up call to everybody in washington. i can tell you i bet they won't be. carley: the judge overseeing michael flynn's case overseeing the charges saying flynn's pardon does not make the former

national security adviser innocent. >> more than ever it is important for us to all remember to be kind this holiday season. ♪ it's beginning to look a lot like christmas ♪ everywhere did you go. ♪ ainsley: we should get a big anonymous letter. brian: some of our neighbors might be angry like nbc. because our tree actually looks good. ainsley: our trophy so pretty. music on the fox square. gorgeous patriotic tree and you have the nutcrackers out there wearing the hats. steve: that's the funnely part right there. somewhere dr. fauci is smiling. it is a very 2020 kind of christmas. brian: dr. fauci smiles if is he a around a democrat. or kidding around with the governor or joe biden missed the president's event to go with joe biden's event happening at the

same time. he weighs more into the doom and gloom than the light at the end of the tunnel mind set. steve: joe biden hired him this past week. brian: is he working for the president. who is hired you right now. who is writing him a paycheck now the government he needs to show up for the president. ainsley: dr. saphier was talking about how amazing it is that the president was able or the task force was able to get this out so quickly. she said think about it, 90% effectiveness for these shots. imagine if we got the results back and it was 30% or 20% or didn't work at all. pretty incredible. brian: that makes sense. steve: meanwhile, let's talk a little bit about the president's legal challenges to the finding. griff joins us from washington. you know, griff, texas ran their election okay but for some reason texas is suing and want to wind up in front of the supreme court saying other states screwed it up. >> that's right. texas to the rescue. steve, ainsley and brian, good morning. first to nevada though that's another loss for the president overnight the supreme court there knocking down a cased aing

to a long string of setbacks past that safe harbor deadline. texas suing these battleground states, pennsylvania, georgia, and wisconsin. violation of the elector's clause and 14th amendment. texas attorney general ken paxton explains, watch. >> our request is we want to be heard. the only place we can go is the u.s. supreme court. and so we're pleading with the u.s. supreme court. please hear our case. give us a chance, at least, to argue what we think is right. we want to argue the constitution. griff: paxton is getting support from the attorneys general of louisiana, arkansas, alabama, and missouri. all back into motion. unclear if the ohio court will take this up as legal experts call it a long shot. this, as the supreme court delivers a major blow to the president in pennsylvania, denying a petition to nullify certification in a case brought

by congressman mike kelly who argued that mass mail-in voting was unconstitutional. now, kelly says even though they didn't get a temporary injunctive relief, it's not over yet. meanwhile, gear up for a fight in georgia in the senate run-off races. the rnc launching a preemptive lawsuit to enforce election laws. and grant proper access to polls and ballot counting, steve, ainsley, brian? ainsley: good deal. ken paxton who griff is mentionings attorney general of texas, is he coming on our show at 8:35. if you want to learn more about texas suing those states stick around. let's talk now about the pandemic how it's affected these restaurants because we know what's happening in california where certain areas, l.a. is not allowed to serve customers sitting outside even. even though there is no evidence proving that and a judge even said that yesterday. he said, look, i know that in l.a. it's a stay-at-home order. you can't go to restaurants anyway because gavin newsom put the stay-at-home order in this area. if you were able to go, i think

that's ridiculous. he said it's not supposed to be -- it is not supported by any findings. in fact, this is exactly what he said the restaurant closure order is an abuse of the department emergency powers. it's not grounded in science, evidence, or logic and should be adjudicated to be unenforceable as a matter of law. i'm sure the restaurant owners there are so pleased about that. i was watching "fox & friends first" earlier this morning. and they were talking about a coffee shop owner who is trying to find a way where her people can -- her customers can just come and have a cup of coffee and sit outside. steve: loopholes. ainsley: she put a big sign out in front. she said a place for peaceful protest. these people are hurting. they need to open up. they have to. brian: in the judge's 73 page assessment and i'm tempted to read it all because it's a big victory for small business. they said the county failed to justify its decision. the outbreak data provided to the court show that the case is traced back to bars and restaurants accounted for, drum roll, please, 3% of the

nonresidential outbreak location. the vast majority of which were chain, fast food type restaurants. almost exclusively involved employees rather than customers. think about all those restaurants sucking wind or closing shop. the numbers are staggering. because some politician thinks i just want people to stay at home. i'm going to make up a story about outdoor dining being dangerous. 10,000 restaurants closed in three months. 500,000 at risk. another 100,000 already closed. and the numbers are astronomical around the country as you watch this. hopefully this is a beginning of a series of victories as restaurant owners and gym owners make these politicians answer the question what is the science behind the closure? here is chef andrew talking about this minor victory which could be major. >> we live it we see it day in and day out. we also understand and recognize all of guests taking these precautions seriously. even though when they do dine

outdoors they are doing in small groups. crystal clear officials owned by silicon valley or the entertainment industry. the rules don't apply to them but apply small businesses. we are being crushed like. >> anna: ville on a dove bird. they didn't seem to care about it. you know, i don't know what's in the minds of the people making these decisions but it's hurting a lot of us. >> adam garrard safe to go to school and outdoor dining, no one seems to look at the science for that even joe biden admits it's safer for our kids to go to schools. will somebody else take these statements and put it into practice in all 50 states so the kids and small businesses could not go through unnecessary suffering not mandatory if you are a parent who feels uneasy about it you usually have a virtual option. give them that option.

we were told by the government to look at the science. the more the science is revealed, it's pretty safe for the kids to be in school. it doesn't look as if you can really get the virus outdoors with outdoor dining when people are adequately spaced. ultimately the science that is working the vaccine said it back in march the thing that was going to be a game changer when people could get a shot to be inoculated and protected. we are getting really close. ainsley: if these lawmakers are making decisions based on science and the numbers. the reason is they don't want to open up, they are saying we don't want our hospitals to be overrun. we need to make sure we have enough beds. now you hear 3%. scientists are saying 3% of covid cases came from maybe a restaurant. brian: michigan says 4.3 restaurant and bars. ainsley: they are not the ones filling up the hospitals generally. brian: no. right. ainsley: open the restaurants. when you learn those numbers.

ainsley: ly, no one is making you go to a restaurant. ainsley: exactly. brian: i understand people are fearful. give people the option of making a living. give somebody an option to hire a staff. look at the volume and say okay. i'm going to have to lay off some, maybe not all. i'm going to have to make part time instead of all full-time. let them in the game to save themselves. ainsley: now we know the facts. if you are going to go out do it safely. if you are worried, stay at home. steve: yep. ainsley: the government doesn't need to get involved with it. brian: florida noses that. ainsley: congressman eric swalwell blaming the report alleging he had a close rape chinese spy. todd piro in the newsroom with this alleged foreign entanglement. hey, todd. todd: good morning to all three of you. eric swalwell coming out swinging against the president suggesting the white house is behind the that he was connected to a chinese spy. inge a critic of the president. spoken out against him. worked on both committees to beach is him. timing should be looked at.

chinese national christine fung sought intelligence from up and coming politicians and influence officials on to china. swalwell helped for re-election campaign. her suspicious activities prompting the fbi to launch a probe the bureau even warning swalwell about her in a defensive briefing. an official adding that following, this he cut off all ties with fung. however the fbi probe came to a halt after she fled the u.s. in 2015. formerly federal prosecutor and u.s. attorney brett tollman joined "fox & friends" earlier to react. >> if i'm a chinese leader and i want information from the united states. i'm going to target eric swalwell. is he just the kind of target that is going to have the audacity to believe that he is above all the other rules while at the same time he is posing as a national security threat. todd: congressman swalwell's office did not immediately respond to fox news' request for comment. president trump has not responded to the accusations yet

either. guys, back to you. brian: all right. thanks, todd. meanwhile kevin mccarthy says this is the tip of the iceberg. this is one of the reasons why he says that eric swalwell and company is so obsessed about the president of the united states that they weren't even watching their own backyard and obviously left themself susceptible and vulnerable. donald trump jr. says too can you imagine something eric swalwell saying he should be imprison wanted and prosecuted. look a these pictures of this chinese spy disappeared in mainland china and look at the type of access they had. they target young and up and coming politicians. also rowalso row co-hanna and ti gabbard also targeted one of the reasonable hunter biden if is he given sweetheart deals and dad getting a job. that's something playbook target up and coming politicians at the very least i think it's related and i think it should be looked at. i think there is momentum for

that. steve: well, she reportedly first interacted with him when he was on the dublin city council still in california. and then when he became a u.s. congressman, then she was a bundler. she was bundling checks for him. brian: from who? steve: good question. you think the fec would have looked into that. she placed an intern in his office and the question is what kind of judgment is that? he has said that obviously this essentially is a dirty trick by donald trump. brian: not china. steve: he believes the timing was deliberate. it sounds like. ainsley: dirty trick by donald trump. how was he involved? steve: just that the information was released by the intel community. brian: through ax sews. ainsley: internal memo blame trump for everything. steve: i think axios started looking at this about the time he was running for president. brian: how did that go? steve: yeah, exactly.

josh hawley, the senator from the great state of missouri had this observation about the placement that she was able to place an intern in his office he said this last night with tucker. >> these revelations really ought to be a shock and a wake-up call to everybody in washington but i can tell you i bet they won't be. because we have seen the washington politicians and the d.c. establishment look the other way with china for years and years now. and it's not as if they haven't known. it's not as if they haven't known chinese had an active espionage effort against elected officials and other targets. it as soon as as if they hadn't nope use tech companies to spy on americans trying to leverage that information against us. it's not as if they haven't known that the trade policies and other economic policy dallas we pursued with china have been ruin news for american workers. they have known all of that. they just don't care. d.c. doesn't care. and they still don't care. brian: we care. steve: mr. swalwell believes the time something deliberate

because he has been a critic of donald j. trump. in the meantime, he refuses -- he and his office refuse to discuss the nature of the relationship with this person. we should point out that he was not married during this time frame we are talking about. ainsley: it's interesting that he is blaming president trump. i'm remembering. steve: for the timing. ainsley: when i was an intern. brian: in china. ainsley: in college. you get paid a little bit. get paid a sty stippen. you said she was a student here, brian. brian: that's their game plan. become a student here gain access. it's amaze that's they would trust 20-year-olds. ainsley: 20-year-old spy. she knows english. she is a student here. she is spying on our country. anyway. all right. steve: and he says just given all of that stuff, he is not leaving the house intel committee. is he not going to be -- even though he may have had bad judgment before, he is not leaving the intel committee. that's his headline.

ainsley: let's hand it over to carley. she has more headlines for us. carley: we are going to start with a fox news alert. the u.k. issuing a warning on the pfizer covid-19 vaccine. those with a history of significant allergic reactions are advised not to currently get it. two members of britain's national health service suffered adverse effects on the first day of the rollout. both are recovering well. pfizer has not yet commented. a sea of blue as a fallen west virginia officer is laid to rest. officer cassie johnson was remembered for her bravery and dedication to her work. she was shot last week responding to a parking complaint dying days later. overnight blue lights shine from the governor's mansion and state capitol as a tribute to her sacrifice. johnson was just 28 years old. the house overwhelmingly approves a $741 billion defense bill with a veto proof majority. lawmakers voting 335 to 78.

it came hours after president trump renewed his threat to veto the bill. now, he wants lawmakers to get rid of a provision that would create a mission commission to remain military installations and crack down on social media companies. the first lady and the marines making sure every child has a toy this holiday season. melania trump spent time at toys for tots yesterday at our nation's capitol. >> this year, more than ever, it is important for us to all remember to be kind this holiday season. >> this is the first lady's fourth year at the event. got to remember those kiddies this time of year, guys. brian: toys for tots taking a pounding people don't want to go out. events they used to have. ainsley: it's easy, go on the website and drag a little toy into your basket and put your credit card in. steve: much easier. brian: thanks, carley. schools one of the safist places

for kids. why are so many classrooms still closed? our next guest says the answer has nothing to do with the science. can you make this louder? ainsley: i love this song ♪ american child ♪ isn't that right y'all ♪ my husband and i have never eaten healthier. shingles doesn't care. i logged 10,000 steps today. shingles doesn't care. i get as much fresh air as possible. good for you, but shingles doesn't care. because 1 in 3 people will get shingles, you need protection. but no matter how healthy you feel, your immune system declines as you age, increasing your risk for getting shingles. so what can protect you? shingrix protects. for the first time ever, you can protect yourself from shingles with a vaccine proven to be over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone

and is not for those with severe allergic reactions to its ingredients or to a previous dose. the most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. talk to your doctor or pharmacist about protecting yourself with shingrix. shingles doesn't care. shingrix protects.

♪ steve: on this wednesday morning there are 11 states and the district of columbia that have fully or partially closed schools. statewide. even though top health officials like dr. fauci and the head of the cdc have said schools are safe for students. safer than home in many cases. our next guest says the type of virtual learning offered by

public schools is leaving way too many kids behind. joining us right now is the director of school choice at the recent foundation corey deangela's. corey, good morning to you. >> good morning. thanks for having me. steve: in the beginning they were like we need to close down everything, including the schools. but now the science looks like that could actually be a pretty safe place for the kids to be. >> yeah. i mean, if you look at when new york city closed their schools because of the community's 3% positivity rate. the school's positivity rate was less than a tenth of that only .19%. we have tons of data across the country reported by brown university finding that schools are not significant contributors to the transmission of the virus. though we should reopen the schools wasted on the science. but there is certain groups that are pushing to push the schools closed for obvious reasons. steve: you know what? i know exactly where you are going with these 11 states and the district of columbia. you are talking about power and politics. and you have are talking about the teacher's union. >> absolutely. and there is three studies on

this topic. i know it's because i did one of them. people that have stronger teacher's unions tend to be a lot less likely to reopen their schools for in person instruction. i don't think it has to do with the motivation of the people in the teacher's unions or people in the public sector. look at the private sector they have been fighting to reopen for in person instruction. it's the opposite fight in the public. incentives. one of these sectors get their money regardless whether they open their doors for business. steve: one of the things about the schools in the new york city area. when they close, the parochial schools, the katz lick schools, the private schools remains open. and a lot of parents, we were talking to the superintendent of the catholic schools for the archdiocese of new york. and he said, you know, my phone is ringing off the hook. there are all these parents who would love to send their kids to a private school. but then it becomes a -- and they have plenty of scholarships available. but then it becomes a question of if i'm going to spend all these tax dollars on educating my kids, why does it have to go

to that school? why can't it go to that school that's open and in many cases has higher scores? >> it makes no sense at all to fund the buildings when you can fund the students directly instead. think about it. if your grocery store doesn't reopen. can you take your money elsewhere. if your child's local school doesn't reopen, you should similarly be able to take your children's education dollars. the money is supposed to be about educating the child. not supposed to be promming up and protecting a government monday nope accomplishment found students instead of institutions. steve: think about the students for a moment. because with remote learning, how many kids are getting f's this year and it's like a lot of the educators are looking the other way. what are we supposed to do? it's remote learning. they are just looking at a screen. we can do better for those kids. >> absolutely. >> look across the country. failure increased by 83%. saints paul minnesota. data just came out yesterday one

in three failure. went up 127% from last year. it's leading to huge iniquities in the school system. this is leading to bigger failure thrats are growing and iniquities are growing by race and by income level. and the best way to fix this problem is to fund the student direct who i have that these families can access alternatives to the public school system. steve: yesterday, joe biden up in delaware said that his way to combat the pandemic masks, the vaccine, and open the schools. so, that sounds like good news for your side. >> yeah, absolutely. the thing is with joe biden, is he calling to open the schools, but he had a lot of qualifiers in there he says to hire a lot more staff and to throw billions and billions of dollars into the school system. the american federation for teachers has called for about 116.5 billion more dollars pumped into the public school system. that's about the size of the

marshal plan. the amount of the money that the u.s. dedicated to the marshall plan to rebuild europe after world war ii. that's a lot of money. steve: a lot of money heading towards teacher's unions, right? >> absolutely. that's why you see this call for additional staffing. this leads to higher amount of union deuces going to union bosses but it also goes to and benefits the unions from having additional political power by having a larger voting block. steve: all right. interesting discussion. corey deangela's. we thank you for joining us from d.c. >> hey, thank you so much for having me. steve: you bet. all right, coming up on this wednesday. it's the moment that broke hearts across the internet. >> what do you want for christmas? >> [inaudible] >> no guns. >> nerf gun. >> no, not even a nerf gun. >> oh. it's okay. steve: we showed you that video yesterday. a little boy left in tears after a mall santa told him no to a

nerf gun. the story does not end there that boy and his parents join us live with maybe a happy ending. plus, the minnesota covid nurse shamed for her christmas decorations. we told you about that house yesterday. she speaks out. we have her story about the anonymous letter about her life as you look at our lights live from new york ♪ santa claus is coming to town ♪ santa claus is coming to town ♪ re-entering data that employees could enter themselves?

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brian: switching gears. a mall santa gets politically correct turning down one little boy's request for christmas. watch. >> what do you want for christmas? >> [inaudible] >> no gun. >> nerf gun. >> no, not even a nerf gun. nope. if your dad wants to get it for you, that's fine. but i can't bring it to you. what else would you like? what do you think? [crying] >> oh. steve: look at that the mall santa said no to a nerf gun which was all the little kid

wanted. the next day the mall apologized and then they sent out a very special delivery to that kid's house. >> yesterday. >> well, we are so sorry about that. i heard about this up at the north pole. and i rushed down [inaudible] ainsley: joining us 4-year-old and his parents. good morning, guys. >> good morning. >> good morning. >> so, my mom my heart went out to you you see your son crying and it looked like you are holding another child and you are trying to get to your son to comfort him. tell us what happened there at the mall. >> well, there was a little boy right before us, and he had the cutest little exchange with santa. so i asked my mom to record it because my husband was at work. steve: right. >> so we get up there and super excited to hear what he was

going to say and, you know, we all know what happened. so, i was just in shock. i didn't -- i thought he was joking. i thought he heard just gun so that's why i corrected him and said nerf gun? and so i just-that's my why i kind of paused a little bit and then i got to him an consoled hm and i wanted to get him out of there. brian: michael senior. steve: big mike. brian: big mike i should say. could you tell me your reaction when you heard all of thissor watched the tape back. >> yeah. so my wife called me and told me what happened. i was at work and i was -- you know, like any parent's reaction, your anger, angry and sad for your country. ainsley: angry at santa. >> but, you know fortunately bad things ended up turning into a good thing for michael and children e6r7.

i was happy about that. steve: yeah. absolutely. little michael, you were at the mall. mike, tell us about the santa who said no to the gun and tell us about the santa that brought you the special package the next day. >> he is not a man of many words. [laughter] steve: i'm feeling it. >> bad santa. [laughter] steve: now, you had to think that when the bad santa we should point out it was not the same santa that showed up. brian: bad santa like 20. steve: when the bad santa said no to the guns you had to be thinking was this a mall policy or something like that? because you knew that the real santa would bring that. >> well, of course the real santa would bring. it's not like he has to wear a unicorn or puppy he asked for a toy that they sell in every

retailer even at that mall. so, you know, i know that for some parents they don't allow nerf guns in their homes. it's a personal choice and that's fine. we respect that but it's a mainstream toy. so i was really taken aback and not prepared at all for that kind of reaction. you know, even if he doesn't agree with nerf guns or guns, that's fine, but, you know, it's not his job to tell my son. ainsley: that's right. that's right. it's a parent's job. >> my job to tell my son no. and i clearly reassured him that it was okay. so he could have just glazed over it and moved on. but, you know, i feel like he shamed my son for his choice in toys and. steve: he did. >> what if he asked for a barbie, you know? brian: he would have said yes to it. ainsley: that would have been okay. >> right. it is okay. it's completely okay. whatever a child wants to play

with, you know, it's a parent's job to allow it and not allow it. it's not a mall santa's choice. steve: there is a silver lining. ainsley: yeah. he didn't get the right training. he didn't go to santa training school. the mall felt so bad about this. and they were the ones that sent the santa to your house. brian: the good santa. ainsley: the real santa. >> the real santa. ainsley: hasbro heard about it and they said the entire hasbro team was moved by mikey's love for nerfs. we are thrilled to surprise him with a care package of our latest nerf blasters just in time for the holidays. so, dad, how do you feel about that? does he want to answer? he can answer. >> that's great. >> how do you feel? >> good. >> what are you going to do with all those ne cool nerf guns. >> play nerf. >> play nerf.

he can't wait for daddy to come home from work to have a nerf war with his santa. brian: offering a bike. nice tripled the price. want a bike. why not a car. steve: why not a playstation 5. brian: you don't think it's sending a wrong message to using a nerf gun. all the parents from the '70s, 80's and 90's would have to apologize. >> right, absolutely. it's just a toy. honest there teaches, we always go over proper handling anyway. don't point it at anybody. finger off the trigger. it is a big deal out of nothing, i think. steve: so before you go, were you shocked to discover that that little mall santa exchange you had your child and the santa became global news yesterday? >> i mean, we had no intention of that happening. i didn't expect it.

you know, when it started growing in likes and shares, you know, everyone was like get ready and i was like there is no way. you know. you don't think it's going to happen. you know, but that was never our intention. my mom documents everything she does with her grandkids. and, you know, it was no different than posting us at the pumpkin patch. so that's. steve: exactly. ainsley: what did your mom say about it? my grandmother was so protective of her grandkids. what did your mom think? >> we were both shocked. we looked at each other in shock and once we got him out of there, i mean, she took him to the first kiosk she saw to get him a toy. you know grandmas they spoil their babies. she scoured the mall for a nerf gun and bought him a little army tank rc car and just wanted to get his mind off of is it. steve: that's how do you it. brian: the world is becoming too politically correct and finally the world stood up and took a

stand. thanks so much. i know you are going to have a great christmas. thanks for telling us your story. ainsley: good story for the wedding one day. >> right? thank you, merry christmas. >> merry christmas. brian: okay. by the way ask tucker questions on the santa interviews, please. it's my privilege to bring in pete hegseth coy host of weekend "fox & friends" and author of modern warriors. are you worried your child will go into a gang once he gets this nerf gun. >> he is poised to be a modern warrior. the best soldiers are men of few words. he said it all right there. bad santa. and, of course, it has the same effect as politicians that try to ban guns. what do you get whether you try to ban more guns. now he is going to have a full arsenal. good for michael. steve: you are from minnesota. how this resident received an anonymous letter from somebody complaining about their christmas lights they were very

harmful and hurtful to the anonymous person who wrote among other things the idea of twinkling colorful lights. this by the way is the house are the reminder of the divisions that continue to run through our society. remind of systemic biases against our neighbors who don't celebrate christmas or can't afford to put up lights of their own. must do the work of educating ourselves about the harmful impact and outward facing display like yours can have. other neighbors got it too. kim huntington is the name of the woman. she is a cody nurse. she talked to foxnews.com, ainsley, what did she tell them? ainsley: she says the lights give me joy after coming home from work as a nurse working with covid. i wish we he could all celebrate diversity and honor everyone's traditions. we need to be inclusive of everyone and let's face it. a lot of people put up holiday lights or decorate their homes for other occasions to bring beauty and happiness to what can be a very ugly world. i wonder if that person feels guilty now. this is a covid nurse.

and the lights bring her cheer. >> well, probably doesn't feel guilty. because we all know that person, right, that's stewing in their house, giving -- i got an anonymous letter in my mailbox, right? i have never talked to the neighbor across the street. but my kids were riding their bikes in their driveway. some angry person inside types up a letter and put it in my mailbox. can we put that house back up. it's a beautiful house. i know saint anthony, minnesota well. that's not clark w. grisz wald. we are not blowing people away with lights. that's a pretty basic light display right there. this has nothing to do with the covid nurse who has every right to do it. god bless her. i hope she puts 10,000 more lights on that house. and she probably will and will get help. this is about someone -- this is about someone who can't handle the fact that people of faith will express that faith. that we live in a culture that still value those things. we can say jesus christ is our lord and savior and be open about it without offending other people. celebrate christmas. we don't have to say happy holidays.

can you say merry christmas and it's all okay. but when you live in a world where it's sad and small and you are angry then you deliver anonymous letters. by the way, does this resident realize that they live in saint anthony, saint anthony, minnesota named after a saint? steve: right. pete: they have to move, too. brian: good point. i never thought christmas lights meant affluence. who knows. steve: holiday lights, brian. brian: you are right. my bad. i will correct this for the west coast. meanwhile mike flynn got good news yesterday that judge dismissed the charges after he was actually pardoned. he did not go without saying he thought it doesn't mean michael flynn is innocent. what are your thoughts about this whole process and that it had to come to the president's pardon? >> so the judge came to the relation that threalization reso twice. the prosecutor flynn and president pardoned.

how political emmet sullivan has been in this entire process. michael flynn that man right there. general michael flynn is an example of what washington, d.c. will do to someone who dares cut against the grain and tell truths. because he was a war hero and patriot. he went to washington worked under obama. realized some of the things that were going on. went full on america first for president trump and as a result was targeted. it was the obama administration said that it was kim jong un and michael flynn were the two big problems they were going to have in the white house to address so they targeted him. he entrapped him in good faith. he spoke to them and they concluded he never said anything wrong and then they try to destroy his life. is he going to get the next chapter. it's going to be a big one. is he glaring remind of how much washington, d.c. hates anyone who takes down the group think and they wanted to cover up what they had done to candidate trump and michael flynn is the guy that would have found it out. steve: michael flynn and his family are so relieved. he appeared on our sister network over on fox business mornings with maria just a little bit ago. he had this observation about

what he has been facing. >> first of all, we all know that this was an effort to get flynn to get trump. that's been very -- made very clear. and when people say you i'm sorry what happened to you. what i tell people don't feel sorry for me. feel sorry for this president. feel sorry for the presidency of this country and be outraged what they tried to do to this country. steve: hey, pete, why do you think it was that that judge, after he was instructed by the department of justice that they were dropping the case, he goes not so fast. why was the judge still hanging on to that? >> i think he wanted to squeeze another minute out of his 15 minutes of fame. he also the resistance continues for everyone who hates this president and he was clinging to the idea that maybe the pardon wouldn't apply to this ultimately, as a judge who clearly despises the president. he knew he didn't have a case. dismisseddismissed it as moot. michael flynn gets to move on like we all knew he would. brian: finally, i know you probably heard about this, but

the word is 38-year-old pete buttigieg once mayor of south bend perfect person for joe biden to put as ambassador to china. one of the most foreign policy positions on the planet. do you believe he has the skill set to excel? >> no. he didn't have the skill set to excel to be president. he doesn't have the skill set to be an effective ambassador to china. he has, let's correct. this zero foreign policy experience. he has the mayor of a mid sized town which is fine. and he's going -- we learned this week which we have known for decades and years that china is the single greatest threat we face in this country and in the world. and we're going to send him over there to stare them down? it's an absolute joke. we all know it's political, right? they want to find a spot for pete buttigieg in the cabinet. they can't find the right one. he wanted to be the u.n. ambassador. that went to somebody else. they are going to get him foreign policy experience over in china. it wouldn't matter so much if it

didn't matter so much if we weren't such a critical juncture where president trump showed us how to stare down china and beijing biden who has all these ties and entrapments over there and part of the foreign policy establishment that has dismissed china's rise as peaceful. if he is going to hang onto the good things that president trump did. you are not going to do it with pete buttigieg. he doesn't have anyone in beijing shaking in their boots. this is a sad state of affairs for what a perspective biden administration would look like. china is going to run over this guy if he is picked. steve: stay tuned. ainsley: congratulations on your book "modern warriors." pete: thank you, guys. ainsley: thank you merry christmas. pete: merry christmas. ainsley: janice dean has the forecast. janice: some folks are feeling cold including florida this morning. temperatures are going to rebound a little bit. cold enough for snow certainly across the great lakes where we have that air coming in from canada and moving over the

relatively warmer great lakes and bringing that lake effect snow today especially across lake michigan, lake erie and lake ontario. now, the other big story we are watching is the potential for more rain and mountain snow for the northwest and the southwest, the drought stricken southwest. arizona and new mexico. you are going to get some moisture, much needed rainfall in these regions as well as some higher elevation snow as this system moves in. unfortunately, we are not getting into the areas that really need it across california where we have had the wildfire danger and it radio mains dry and unfortunately another day where we could see the gusty winds fueling those wildfires. look at all of the snow for. so winter skiing across the rockies. there is your forecast today. the central u.s. very warm. minneapolis 47 degrees. 51 in chicago. that's 20 to 30 degrees above average in some of these areas. we are going to see sunny skies in new york and start to see those temperatures warm up along the east coast as we get into towards the weekend. so all in all not a bad

forecast. if i do say so myself. back to you. brian: we cannot change the weather yet. meanwhile, coming up, the company -- the company known for making heros is helping them this holiday season. jersey mike's is matching donations for wreaths across america. we will tell you how you can pitch in. that story next. but not anymore! an alternative to pills voltaren is the first full prescription strength non-steroidal anti-inflammatory gel to target pain directly at the source for powerful arthritis pain relief. voltaren. the joy of movement. voltaren. and now with q4 wrapping up, the north pole has to be feeling the heat.

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brian: wreaths across america program placing wreaths on military graves despite the event getting canceled last month. now helping in that mission jersey mike's the sandwich chain pledging to match donations up through december 14th. joining us with more is executive director of wreaths across america war chester and peter. first off, karen, tell us about what you do try to find those military cemeteries and lay wreaths there? >> well, we have an incredible nationwide group of volunteers. and trust me when they found out years ago that we were placing wreaths at arlington, those volunteers let the charge in their local communities and they know exactly what veterans are

buried in those communities. and they joined us. closing in on 3 million volunteers now. a third of which are kids. unfortunately they won't be going out to the cemeteries and n. big bunches this year. we will be carrying out the mission. and thanks like for peter, i wish i could see you and hug you and thank you once again for being. >> hi, karen. brian: you have been doing this 10 years, peter, with all the great organizations out there, why was it important for jersey mikes and you to get behind this. >> so with their slogan of honor, remember and teach, the part of teach your children the value of freedom really touched a chord with our company. and something that we threw ourselves in edith whose brother bud thorn never passed away never came home for christmas from the battle of the bulge u.

bulge. brian: how do you do it if i go to jersey mikes is there anything there i could sign up for. is there something i can do when i mike a purchase wreaths across america? >> the digital world now all on digital we have something set up where people can go on our facebook, instagram and all of our digital ads are pushing people to the website to find out more information and to contribute and donate. brian: where does the money go, karen? what do you need it for? >> it goes directly -- $15 sponsors a wreath. actually you can go also to wreaths across america.org and there is actually a quick donate and that's good to do right now as we are closing in on the deadline. and, like i said, $15 sponsor as wreath. googling around what you want to give a family for a christmas gift, there is no better gift especially with this match that going to help us $15 will send a

card to a family that says that you have placed a wreath for them or had a wreath placed. that gives them a gift of remembrance and an opportunity to share with their family why we are able to have the things that we have in this country. brian: do you think that -- i mean, are people allowed to go to these seam tears and place these wreath wreaths there. you mentioned an event on december 15th. another one on the 16th. in portland, maine there is another one on the 17th. and over in new jersey. and then you have a virtual event coming up on the 18th. >> okay. so, thank you for giving me a chance to clarify. because wreaths across america is the 19th. if you are seeing different dates because people, because of the covid numbers that they are allowed in the cemeteries. [inaudible] arlington national cemetery this is super important. you need to go to arlington national cemetery's website. they will give you the directions. they are not going to be allowing like we have had up to 90,000 people in the past. go to each location at wreaths

across america.org. you can find any location that we're placing wreaths and on that page go to that location and it will tell you what their regulations are. that is where you are going to find out because, as you know, the statuses for covid are different. small group. >> we are happy to step up and be there for you. >> thank you. brian: jersey mikes. everywhere not only are you with jersey mikes you are the founder and ceo. go to wreaths across america jersey mikes and have it matched tomb $300,000. a big hour. ken paxton coming your way. now, it's our time. time to get away to a place where we can finally be free. free from boundaries... ...limitations. even virtual backgrounds. today, we break free.

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that can leave cleaning gaps and wrap hair. so shark replaced them with flexible power fins to directly engage floors and dig deep into carpets. pick up more on every pass with no hair wrap. shark vertex with duoclean power fins. ♪ ♪ >> today we're on the verge of another american medical miracle. >> we will be having millions of americans vaccinated by the end of 2020. >> a judge tearing into l.a. county's outdoor dining ban. brian: it's an abuse of emergency power, is not grounded in science, evidence or logic. >> a lone star state showdown -- >> our job is to make sure that the constitution is followed and that every vote counts. >> it's finally over for general michael flynn. >> -- outraged at what they tried to do to this country.

pete: a glaring reminder of how much -- >> a little i boy left in tears after santa told him no to a nerf gun. >> it's not like he asked for a puppiment. >> bad. >> bad santa. ♪ no one else on earth could ever hurt me, break my heart -- ainsley: good morning to you. there's our patriotic christmas tree out on the fox square on sixth avenue. brian: i've got to give a lot of credit to the sun, it's a lot more beautiful in the daytime, our christmas tree. steve: and you can't really tell from that because we pipe music in, but outside when you're walking down sixth avenue, there's loud christmas music emanating from this building, and it just puts you in the mood. ainsley: we all need christmas cheer this year especially. [laughter] let's bring in charles payne,

he's the host of " making money" on fox business. hey, charles. >> hey, good morning. ainsley: a hey. with the news of the vaccine and the president saying yesterday we're on the verge of a medical miracle, how did that affect the markets? >> well, you know, that news is already kind of baked into the market, you know? november, november was -- i think there was only one november in history, in the entire history of the tock market better -- stock market better than this past november largely because of all of this vaccine news. a lot of it's baked into the market, we know it's coming. and the market feels great about it, is looking forward. steve, let's remember the stock market is a harbinger, it's an indicator of what's going to happen in six months, in one year. it's looking ahead. remember back in the spring when the market started taking off and everyone said there was a disconnect between the stock market and main street. it wasn't reflecting main street

at the time, it was saying we were going to have a vaccine. we got the vaccine. now it's saying that we're going to have a great year next year because of all the underpinnings here once we get the vaccine distribute9, you're going to see extraordinary american muscle come to life. the only thing that could mess it up somehow would be if these vaccines were derailed, but it doesn't dining and gyms. he said this: the restaurant closure order is an abuse of the department's emergency powers. it's not grounded in science, evidence or logic, it should be unenforceable as a matter of law. tens of thousands of businesses shut down, 500,000 should be

shut down if they have to take another pause. charles, what does this mane in the big picture? -- mean in the bug picture? >> 500,000 are in economic freefall, that's according to the national restaurant association. they put this out on monday. 110,000 permanently out of business, that's 7%. we're talking about -- 17%. we're talking about millions of human beings' lives that are completely crushed. why? i think it's 3.1% of nonresidential spread, and most of that aren't even these kind of restaurants you're talking about. those are chain restaurants, and it's not the people who eat there, it's the employees. this is so nonsensical and so nonscientific. it's an abuse of power that we've seen from local and state elected officials. they are punching us, they are just powering us down. you remember when mike bloomberg wanted us to have smaller slurpee cups? they're going to make sure we do it whether it's constitutional or not, whether it's scientific

orbit, and i'm -- or not, and i'm glad this judge did this rebuke. 73 payments. he -- pages. he he put a lot of thought into it, and what he said is echoed by millions around america, potentially these small businesses which are being crushed for no real good reason. steve: well, a couple of months ago when gavin newsom out in californiaed california had a shelter in place ruling, it essentially shut down tesla, and elon musk said i'm going to take my business elsewhere. and gavin newsom says, well, you know, he would never leave the great astronaut california. well -- state of california. well, you know what? yesterday at "the wall street journal" or council summit elon musk announced he has moved to texas. watch. >> for myself, yes, i have moved to texas. we've got the star ship development here at south texas where i am right now. there's a lot of things that are really great about economy, the

people, but i do think that they do tend to get a little complacent, a little entitled, and they don't win the championship numb. california's been winning for a long time, and i think they're taking it for granted a little bit. steve: the thing, california is a big tax state just like new jersey and new york. >> right. steve: and during the pandemic so many people have been able to work elsewhere, it's like why go home? why go back to that state where i pay all the taxes? like california or new jersey. >> right. elon musk said california's been winning. the rich in silicon valley have been winning, hollywood has been winning, they get tax breaks and all these things. but there's been a mass exodus out of california for well over a decade. ordinary folks cannot climb the ladder of success, all the

regulations, all the high taxes, there's no room up there. yeah, if you can move to california and start a it can start-up and become rush, i'm talking about people just regular americans who may not be a silicon valley executive. those folks have been losing for well over a decade, and now silicon valley is feeling the pinch. pal an tier moved to colorado, hewlett-packard or moved out. and newsome, of course, he probably made that our gant -- arrogant statement at the french laundry restaurant. he is so arrogant. you know, maybe he'll give cuomo a run for the next emmy they hand occupant because he's right up there with the sort of arrogant disconnect from people who are really suffering. and, by the way, there's a lot of ways to suffer, and they're doing it too big in california. ainsley: charles, i read that elon musk is joining a fifth of americans who are moving because

of the pandemic, and this is an opportunity to go to another state and save some money. for the folks who leaf to california and head to texas, the folks who leave new york and head down to florida, do they take progressive values with them, and do they vote democrat again, or do they leave those progressive values that got them there in the first place and then they change? [laughter] >> no, sadly, most of them take these same progressive ideas with them. you know, it's so sad when someone is forced out of new york and they move to atlanta, they're forced out of new york because, for instance, in new york has the highest income inequality between black women and white men in new york city, it's the largest in america. but unfortunately, when a lot of people leave new york and they move to places like atlanta the, they vote for the same people. the same people, by the way, ainsley, who give their children par educations because they think they're dumb. they don't think -- subpar educations. from i day one these kids are behind the 8-ball, and by the

time they get to 12th grade, there's a so-called achievement gap. oh, we'll make it up, we'll give you free housing, push for higher minimum wage. they have no respect -- brian: right. >> unfortunately, people still vote them in. the psychology in politics blows me away, and that's a whole different topic. i can't -- i'm trying my best to understand how people can mistreat you, but all they have to do is say nice words to you and you still vote for you, and they can point and say, hey, don't look at me, i'm making sure your with kids will not have a true chance at the american dream. this person just put out a mean between, look at that! it works. it works, unfortunately. brian: right. but i will say this, the gap may have closed in texas, but it's still a red state. the gap may have closed in florida, but it continues to vote republican. i have not seen your list of what you want for christmas -- steve: he wants economic recovery.

[laughter] ainsley: and beautiful cuff links. he's such a sharp dresser. >> thank you. brian: i know -- [laughter] so there's this problem with the santa, and a 4-year-old child who wanted a nerf gun shall we relive that moment right now? let's watch. >> what do you want for christmas? >> [inaudible] >> no, no guns. >> [inaudible] >> no, not even a nerf gun. if your dad wants to get it for you, that's fine. but i can't -- what else. brian: that's the sucky santa. ainsley: so hard to watch. brian: we talked to the parents and the son this morning. others have stepped up, and he's

getting his nerf gun, listen. >> what did you call the first santa? >> bad santa. >> bad santa. i know that for some parents they don't allow nerf guns in their homes, and that's fine, we respect that. but, you know, it's a mainstream toy, so i was really taken aaback and not prepared at all for that kind of reaction. you know, it's not husband job to tell my son no. it's my job to tell my son no. >> you know, it's just a toy. and, you know, honestly, it teaches -- we always go over proper handling, he doesn't point it at anybody, finger off the trigger. brian: even though he was offered a bike on the parents' expense -- ainsley: i didn't hear that. is that what the santa said to him? brian: why not a mercedes? [laughter] hey, charles, what are your thoughts about how this all ends up in the end? >> you know me, i bring everything back to the stock

market. so this morning hasbro, you just mentioned them, got an upgrade to a buy at citigroup with the stock price target of 120. they're on the move. steve: ultimately though, and charles, this is the silver lining, even though the mall santa would not give him the nerf gun, the real santa who's going to be coming, he always delivers. >> always delivers. particularly something like that. that's a great gift. listen, i bought one of those giant nerf rifles that had, you know, it was like a machine gun type of thing. but my son was 16 when i bought it, and he didn't want it. i was so sad. i finally donated it to someone. my inner killed wanted to -- i bought two of them. he he didn't even want it. brian bruin charles, this is a therapy session for you. laugh steve steve normally we talk about the news. brian: i think we're getting your frustrations out here.

for once, you didn't yell at me, so i feel great. [laughter] we're going to watch you at 2:00 today. you'll probably wear the same outfit on fox business, our sister network, but a may i add, our favorite sister sister. >> absolutely. ainsley: thanks, charles. >> see you later. iowans see you later. congressman eric swalwell is blaming president trump for the report alleging he had a close relationship with a suspected chinese spy. todd piro e is live in the newsroom with more on the alleged foreign entanglement. >> reporter: hey, guys, coming up swinging for the president, saying that the white house was behind the report. california democrat telling "politico", quote: i've been a critic of the president, i've spoken out against him, i was on both committees that worked to impeach him. the timing feels like that should be looked at. ax yoases owes reporting that a chinese national sought to gather political intel to up and

coming politicians. she allegedly helped swalwell's fundraising efforts for his 2014 re-election campaign, suspicious activities prompting the fbi to launch a probe, even warning swalwell about her in a briefing. however, the fbi probe came to a halt after she she fellowed the u.s. in 2015. congressman matt gaetz questioning swalwell's ties. >> i guess one has to ask how could eric swalwell say that he was certain that donald trump was an agent of russia when he couldn't even identify the agent of china that was working alongside his political campaign. >> reporter: congressman swalwell's office did not immediately respond to requests for comment, president trump has not yet responded to the accusations. back to you. [laughter] ainsley: i love that sound bite. steve: thank you, todd. so they gave swalwell the

defensive briefing about what was going on. i don't think the fbi ever gave the trump campaign the psalm kind of briefing, did they? ainsley: yeah, you're right. brian: you have to subscribe to axios,ing i guess -- ainsley: whose fault is that, steve? steve: well, because they gave hillary clinton's campaign a defensive briefing about russian meddling, etc., did not do that with the trump campaign. to four years ago. brian: if i mention the news reader's name, she'll just pop up. it's amazing. carly, would you tell us what else is happening? >> reporter: i would love to. we're going to begin with this, protesters attacking portland police officers in the middle of a neighborhood. the mayor giving the department his authority to use all lawful means to prevent an autonomous zone from forming. the group demonstrating outside the home where a family was evicted for falling behind on its mortgage, seven people arrested. right now emergency crews

are searching for a missing f16 pilot after his jet went down in michigan's upper peninsula. the fighter jet crashing in the hiawatha national forest during a training mission, it's assigned to the wisconsin air national guard's 115th fighter wing in madison. no word on the cause of that crash. texas filed a lawsuit against four states over the election. it wants the certifications in pennsylvania, georgia, michigan and wisconsin deemed unconstitutional saying the absentee ballot system goes against the 14th amendment. that would mean their electoral college votes can't be counted next month. meanwhile, nevada and pennsylvania courts deny legal challenges. texas attorney general ken paxton will join us live coming up. look at this, a missouri homeowner is ready to wound away 20 to -- wipe away 2020. take a look at his approach. large psychological scrolls of

toilet paper dominating the front lawn. it took him about a week to create, so he toilet paperedded his own home. steve: he is flush with the holiday spirit. [laughter] carly, thank you very much. coming up, grammy winning country music icon wisconsin know that has rocked around the world, now she's digging back to her musical roots from her farm in tennessee and helping fans find their own harmony. she joins us live next. morning. ♪ 's ubrelvy. for anytime, anywhere migraine strikes without worrying if it's too late, or where i am. one dose can quickly stop migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill

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♪ no one else on earth could ever hurt me -- ♪ break my heart the way you do. brian: five-time grammy award-winning country music icon winona ryder -- judd, excuse me -- [laughter] has rocked stages around the world for nearly four decades. steve: and now she's recording her new music from her tennessee farm where she has been quarantining for months. ainsley: all right, wynonna judd joins us. i apologize for brian, he has a thing with names -- [laughter] >> brian -- brian: you're getting a star on the walk of fame too. >> why not? it's america. ainsley: we love you. grew up listening to your music and your mom's music. congratulations on the star. we're going to talk about that coming up. but first wanted to find out, how is this affecting you in the music industry? many of us had tickets for

concerts, we're getting e-mails saying they're going to be rescheduled next year, but i know you employ a lot of people. how is this affecting you and your artist friends? >> i don't know how much time we have. i have an idea. every week you all need to put me on for a farm report, and i can tell you what's happening in the rural america -- steve: the that would be great. >> i'm very serious. i'm ready. i've been on a farm nine months, and we've had to learn to be practical and sweet and simple. it's not easy, but with feed the animals, we cook, we clean and we try to keep our people employed, and i do concerts for those of you who don't know, we're doing virtual concerts to give people something to look forward to. december 20th i'm doing a show for the fans, $10. my mom's going to sing with me december 20th. i'm here and i've been here since 1984, and i'm not going to stop the, and i'm finding joy and sorrow here on the land.

so it's called real life, i guess. steve: absolutely are. listen, i grew up in kansas. we have the farm report on the tv news at noon and at 6:00 at night, so if you want -- absolutely, if you want to come back and talk about what's going on in middle america, that would be great. let's talk a little bit about in addition to the concerts which you're doing, you've also got a brand of cbd. and, you know, so many people are helped by cbd. let's start with your story, how you discovered it and how you come up with harmony, which is the name of your cbd brand. >> okay. so i'm constantly talking about my healing and recovery process. i was famous at 18, i'm an introvert, and i've battled anxiety since the beginning of the judds. and when i came home in march, id had a bit of what they call a breakdown and a breakthrough. i discovered that silence can be

isolation and also solitude. so i'm working that progress thing. and i just needed an option other than the three medications i was taking. i chose to say, okay, let's get real, and i'm detoxing from those meds, and i just said i e need help, and i reached out to the people that you reach out to, and i said what can i do to be a part of the solution, not the problem. steve: right. >> and i'm just walking it like every other american who finds themselves -- look, i'm an artist. i feel deeply. and i love you guys, i you know that. i'm here, i've been here for 37 years, and the fans know me. i'm talking to the people, and we're all stressed. anxiety is through the roof. and i need harmony in my life always, and so it just makes sense for me to teach what i'm learning. steve: hey, some people use cbd for pawn relief, and others use it because it is calming. >> yes, both. i've had a lot of accidents in

my life. i've lived dangerously, and i've -- i'm just a part of the process. and i'm a work in progress. harmony helps me to just, you know what? i move through my dayment i got up this morning, i took a shower, i put on my great bra, here i am, america. [laughter] there's no secret, guys. we're all struggling to find a way. steve: you're right. >> for me i sing because i'm in pain, i sing because i'm happy, i sing to the friends. i say hold your had up high and don't be awe grade of the storm -- awe grade of the storm. brian: i know one thing that's going to get you happy. the judds receive a star on the hollywood walk of fame sometime in 2021. i mean, there's nothing, there's no downside to that. >> i think we need more celebrations. i know that everybody watching, we're all trying to find something to believe in. i believe in miracles.

my mom, i justed had dinner with her, she's coming over to sing on the 20th. i played cards with ashley over the hill last week. we agree to disagree. look, we're trying to find a way to just connect in a world that's somewhat divided. i am part of the musical tapestry of america. i just recorded a song with robert weir from the grateful dead on the farm, i'm texting cyndi lauper about how we're going to do this technology thing. my fans have kept me alive for a long time. brian: i hope we get you back on stage very soon. you're finding creative ways to do it, i think america's got to do the same thing. steve: harmony by wynonna.com. you can also find it on our web

site. let's talk about texas. they're taking the election night fight to the highest court, the supreme court. their case challenging other states ' results. texas a.g. ken paxton here on that. ainsley e? ainsley: and up north dozens more uncounted ballots found in one of the last undecided house races as the judge orders a partial recontinue. the republican caught in the rouse, claudia tenney, joins us with an update. ♪

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neck and neck. >> reporter: ainsley, there is no end in sight for upstate new york's congressional race in the 22nd district after a judge found numerous mistakes tab lawsuiting the vote. now -- tabulating. now, republican claudia telephone gnu is leading -- tenny is leading by 12 votes out of more than 300,000 cast. a judge yesterday denied tenny's request to certify the results ruling, quote: it would require this court ignore multiple errors by the board of elections. the judge ordered the mistakes to be corrected and ballots previously not counted be includes in the canvassing. a spokesman for tenny applauded the judge's ruling saying the court rejected the attempt to have only votes favorable to the incumbent's campaign counted. >> on election day we were down by about 28,000 votes, and we knew then with the large number

of absentee ballots yet to be counted that we were going to make up that loss. and as we saw over the last few weeks, we've been able to pull within just a dozen votes. >> reporter: and in his ruling, the judge had scathing create such for local election officials who he said, essentially, ignored the law when it came to counting the vote are. but he also said, and this is significant, there was no evidence or any allegation of fraud. all the parties will be back in court again next week. ainsley: all right. thank you so much. we'll keep following that. let's bring in gop congressional candidate claudia tenney who is running to i e claim her congressional seat. good morning to you. >> good morning. ainsley: what's your reaction to this? >> well, first of all, we didn't -- we expected what the judge is going to do, that he was going to provide a framework for every legal vote to be counted. what's interesting is that my opponent actually tried to cherry e pick certain votes to

be counted, those being the democrat votes and not considering all votes. one thing consistent about all of our legal challenges that every legal vote should count regardless of party in accordance with the equal protection established in the famous bush v. or gore case. so we're going to be counting for a few more weeks or maybe another week, with we don't know. what's out there right now are what are called disputed affidavit ballots. those are ballots of people who show up at the polls and for one will be or another the boards of election do not have them as registered voters. we feel those tended to be more republican, sort of trump-ten gnu voters, and we think those will fair us as we go through the process. the judge is providing a framework. again, i have to emphasize in every appearance the reason that we have had such an administrative burden is these boards have been overwhelmed and understaffed and underresourced because of an executive order by governor cuomo in august changing all the rules and

causing this huge avalanche of absentee ballots to really overwhelm and stress the system. and that's been what most of the problem in the courts have been. ainsley: that's what -- voters out there are very frustrated because of the change of the rules at the last minute in pennsylvania, after the democrats sued in georgia, now what's happening to you. what's at a stake? >> well, look, this is a very important race and, luckily, we have a lot to look at, a lot to fix. unfortunately, i don't want to be the poster child for what's wrong with elections, but right now my race, because it's so close, highlights all the problems with election ballots. you've heard we were down -- we're up by 12 right now. people who are deceased have shown up voting, people who say they did not vote have shown up on ballots. so there's all kinds offer willingties and inconsistencies -- irregular fews and inconsistencies that are only highlighted in a very close race. this system needs to be fixed. i applaud texas for trying to make this better.

this absentee ballot without any very few case system, no voter id as the democrats have been pushing -- notice the astronauts that don't have a problem tend to have a very secure voter id system that actually protects the right of each voter. that's something we desperately need in new york, and we also need to make sure that every vote counts for each individual vote or. ainsley: absolutely. well, thank you for coming on with us. when will we know results, do we know? >> thank you. well, there's a preliminary court appearance on december 18th. looks like we're all going to be celebrating the holidays counting votes again, but we're very confident that these votes should turn our way. we have a lead, and we also have most of the objections lodged that, hopefully, the judge will rule in our favor, and we'll be seated, hopefully, by january 3rd. as long as nancy pelosi doesn't take this away from us. ainsley: all right. keep doing what you're doing. thank you so much for being on with us. hang in there. let's hand it over to carly,

more headlines for us. >> reporter: yeah, and a big story, end sweeping changes being made following an extensive investigation at fort hood. the army firing or suspending 14 officers and enlisted soldiers. the findings revealing chronic failures at leadership led to a pattern of violence. the family of a soldier says they are satisfied with the results but plan to continue asking for justice. the 20-year-old soldier's remains were found back in june. at least four people are hurt after a massive explosion at a chemical plant in west virginia. the explosion reportedly involved chlorinated dry bleach and methanol. a shelter in place order has been lifted. it is unclear what may have caused that explosion. a new washington, d.c. museum will be dedicated to victims of communism. a nonprofit is currently renovating a space downtown with

plans to open early next year. the museum is reportedly completedly funded by donors. another memorial decide kitted to victims -- dedicated to victims of communist was unveiled in 2007. those are your headlines. steve: thank you very much, carly. all right, on this wednesday what cupid of a day ahead do we have? janice dean standing in front of a map with a lot of blue which means right now it's cold. janice: it is cold as far south as florida. record cold temperatures in florida and parts of the south. the good news is we'll start to warm things up as we get into the latter part of the workweek. but for now, yeah, a lot of blues and purples. 32 in chicago, 33 in jacksonville, 32 in charleston, 33 in atlanta. so we'll welcome those warmer temperatures. we do have the potential for lake effect snow across the northeast downwind of erie and ontario and lake michigan, and we've got some changes going on across the west. i wish i could say we could get

some moisture in california, however, it's going to skip california and instead move into the northwest as well as the southwest. is so this is actually good news for parts of new mexico and arizona, drought-stricken regions that are going to see rain and some mountain snow. so there's the forecast precipitation as we go through the next few days, also a system across the plains states that will bring moisture as we get into the weekend. it is my honor and few pleasure to introduce brian kilmeade right now. brian: thank you very much. i'll give time for the applause to die down, it has. thank you, janice. meanwhile, texas is taking the election fight to the highest court. our next guest challenging the results in four battleground states, not his. texas surgeon general ken paxton joins us now. ken, why is texas getting involved in this? >> well, these elections in other states where state law was not followed as required by the constitution affects my voters, because these are national elections. and so if there are fraudulent

activities and state law's not followed as is required by the constitution, it affects our state. it affects every state. brian: so now you're taking your case to -- >> the u.s. supreme court. a state-on-state action has to go to the u.s. supreme court. it's the only place it can go. so we're very hopeful they'll at least hear our argument. brian: you brought up the fact the mail-in voting, and we've never seen anything like it. pennsylvania, they go from 233,000 ballots four years ago to 2.5 million, and the election was decided by 81,000 votes. this seems to be the constant play in arizona, in pennsylvania, in michigan as well as georgia. >> so i'm very familiar with this issue. we had i think it was 12 lawsuits that we won related to mail-in ballots and other similar activities. had we not won every single one of those, we would have been in

the same situation. so it was important for us to make sure the genie didn't get out of the bottle after the fact especially if you talk away signature verification. you have virtually no way to go back and verify whether the right people voted. brian: so, mr. attorney general, the question is even if you're right and there are going to be problems, this tube of volume -- this type of volume especially when you have unsolicited mail-in ballots, is the horse out of the barn? it's been five weeks, and a lot of these judges, there's been 50 cases and without a victory, a lot of these courts are saying i don't want to hear it. >> even though the genie's out of the bottle, our argument isn't necessarily directly about the fraud. our argument is that because these states like pennsylvania, wisconsin dud not follow -- dud not follow their own state law and these orders were by other elected officials to change the law or by other judges, that is unconstitutional. therefore, that election -- we

can't go back and fix it, but we can say, okay, let's transfer this to the legislature which used to do in other states and let them decide the outcome of the election. that would be a valid constitutional situation. brian: just so you know, jonathan turley says i'm afraid texas' case the dog won't hunt. i mean if, i don't see how it's going to be successful particularly after the loss in pennsylvania. the ink was probably dry on the filing when the court came back and basically ended the issue, so i think it does not look promising. he's talking about the supreme court saying no to pennsylvania. >> well, look, we have one place to take our case. all other cases start in the district courts, and you have an opportunity to be heard. all we're asking is for an opportunity for my citizens and the people that realize that we had some issues that we get a chance to be heard by the u.s. supreme court. brian: let me bring you over the california where we understand at least tree different in-- three different instances of what china's been up to, they've

been targeting what they claim are up and coming democratic politicians and essentially putting spies, in some cases masquerading as students, and getting them into their campaigns. the bug story is eric dub big story is eric swalwell and this woman's name, christine fang. she's disappeared back into china. and now the fbi evidently is investigating, and he's cooperating. where does this go? >> you know, i'm not surprised. i wouldn't be surprised at all that china was trying to ine filtrate our political system. we hear about russia all the time and the trump administration, but this is a reality. i think ongoing we'll see china trying to find ways to infiltrate our political system as they grow in influence around the world. brian: have you been briefed on things like this? >> i was not aware with of this actual story until, actually, this morning. so, no, i had not heard it, but i'm not surprised at all. brian: have you seen chinese government try to infiltrate into business in texas?

>> you know, aye heard stories, but as far as i know, this is the first, like, where i've heard about the fbu having actual -- fbi having actual proof that it's going on. brian: lastly, just to go full circle, what is the next actual legal step for you and this suit? >> so we're waiting, now the supreme court has ordered the other four states to respond, so we're waiting for their response. and hopefully after that response, we'll have the opportunity to quickly argue our case in front of the u.s. supreme court and we'll get a quick decision before december 14th. brian: because that's when they will certify the election. attorney general ken paxton of texas getting involved. you pulled off your vote would want a hitch, but unfortunately other states can't say the same. thanks. >> that's right. thanks. brian: coming up straight ahead, he is the undefeeted mayor of flavor town, and this morning guy feehery is fighting for restaurant workers across america. he explains how when he joins us next. but first, sandra smith has

lined up a great show when we're done. sandra, what have you got? sandra: good morning to you. coming up, education secretary betsy devos on a surge in failing grades in america's schools amidst the shutdown. what the science says about getting kids back in the classroom and what she is doing about it. plus, governor fewsome face -- newsom facing backlash for stay at home orders for worshipers. the san francisco a arch bishop says the state is making church less important than holiday shopping. and what the ban means for restaurants struggling to survive. we are live from from america's newsroom, top of the hour. ♪

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♪ steve: our next guest, mayor of flavor town, is known for checking out diners, drive-ins and dives, but he also has a gigantic heart. chef and food network store guy fieri has raised nearly $22 million through his restaurant employee relief fund helping more than 43,000 workers across the country who have been impacted by covid, and guy fear true joins us right now from out west. guy, good morning to you. >> well, it sure is a good early

morning, i tell ya. steve: it sure is. it's good to have you. i saw a tweet that said you've raised $21.5 million. people i say he's doing more than congress to help people who are hurting. >> well, i appreciate that, but i'll until you there's a lot of great people and a lot of big corporations that got behind that project called rerf. i partnered with the national restaurant association, and this were awe amazing to work with -- amazing to work with. if we got the money, we had to figure out how to get the money out to people. it was a collaboration of a lot of awesome folks, raised a lot of money. and considering the current climate, we might have to fire the engines back up and start doing this again. steve: sure. well, you know, we were honored to have you on this show back in march, i believe, when you launched it. you have to admit this is successful beyond your wildest dream. >> well, and i've got to thank you. you were the first one to jump on it. you and i have talked quite a bit, and you noticed what was

happening and said do you want to be on and get up early in the morning -- steve: you said no. [laughter] >> we need to get some attention to this because there were so many people who were suffering, and we didn't know how long this was going to happen, and look where we're at. but, no, it's really -- you've got to dream big, you've got to think big, you've got to go big. i didn't know it would go this big. we went a little over $24 million for the final numbers, and, boy, i tell you, you run into somebody on the street that's in the restaurant industry and you see some of that benefit -- that received some of that benefit from those $500 the checks, and it'll stop you in your tracks. it was pretty amazing to hear the stories. steve: well, and it's personal to you. how many years have you been doing diners, drive-ins and dives where you've got out to the little places, and you know those people to are out of work right now. so you're helping the people who are on your show. you made their places famous although many of them are

shuttered right now. >> yeah. i mean, i get to see it firsthand. i am firsthand. i'm a mom and pop restaurant. that's how i got started in the business. and i know these folks, everything is hinging on this restaurant. the family, the kids, the schooling, all the bulls. it's usually the entire family that's working inside the restaurant. so it was -- i knew what was coming. i didn't know to that degree, but i knew when a restaurant was shutteredded, i knew that when we were staying in plus, knew what was going to happen. and fortunately, and i've got to say this, there's a lot of great companies, uber eats and pepsi e, cargill, so many big companies came through with enormous amounts of money, and i went to them directly and said here is the deal, folks. these people have been working with you, you know, knowing it or not, but they've been supporting your company, and now's the time to support them. doesn't often ask for support, but we need it, and we need it bad. and folks showed up. i'll tell you something, we had

personal donations, we had kids donating. i said, this is one of the things i said, someone said what if i can only donate $10. i said $10 to somebody that doesn't have $10 is a fortune. so, please, anybody and everybody. and the restaurant industry really appreciates it. i hear about it every day, so it's, it's a good program. and like i said, a program, hopefully -- the national restaurant association continues to develop programs to support the restaurants throughout the country. and we just spoke the other day and i said where are we at? i think we might be coming back another situation where we need to fire up the cannons, and they said let's go. steve:ing? like 50 -- something like 50 corporate sponsors. yourself in california right now. we've been talking about how the governor closed indoor and outdoor dining even though there really isn't any science to support banning outdoor dining.

>> wow. a really good friend of mine, the president of the california restaurant association who i don't think sleeps because right now his sole mission is to get the restaurant industry back in california at least up and running to some degree, and i talked to him about this last week. he said, you know, we're really getting after this. and congratulations. you know, they really took it, handled it, went progressively are towards finding out what was happening, and this judge overturning this saying these are arbitrary acts. there's no foundation behind it. and i don't have all the information, but whatever direction has been established, i think, is going to be positive because these restaurants especially in the great weather of california really need an opportunity to operate at any level. they can't survive, ladies and gentlemen, just on delivery and to go. we've got to give them some

balance of dining in, dining out, temporary dining. we're in the restaurant business. we've been working through regulations and protocols forever -- steve: absolutely. you're also in the tequila business. you've got a brand new santo tequila, it is available at santo spirit.com. i hear it's delicious, and his partner is sammy hagar. guy, thank you very much. >> great. thanks for having me, guys. steve: all right. we'll be right back. wishes granted. over two million meals provided. over four hundred national parks protected. in fact, subaru and our retailers will have proudly donated over two hundred million dollars to national and hometown charities through the subaru share the love event. (vo) get 0% for 63 months and subaru will donate 250 dollars to charity.

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>> brian wanted to say hello. take my read here. >> hi, everybody. i'll see you tomorrow. >> bye, everybody. >> we'll all see you tomorrow. bye. >> sandra: this is a fox news alert. a blockbuster story happening on capitol hill this morning. democratic congressman eric swalwell, who sits on the house intel committee, reportedly has ties to a chinese spy that alleged agent apparently trying to influence american politicians and now republican lawmakers are demanding answers. good morning, everyone, ifm owe sandra smith. >> trace: fascinating. good morning to you. i'm trace gallagher. that report coming from axios. swalwell pushing back saying the story was released to hurt him because of his constant criticism of president trump. tucker carlson it shows the top democrat