>> 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 is compromised.

>> eric swalwell who has used his office to promote beijing's talking points word for word. a man who admits to a close personal relationship with an actual chinese spy who helped him get elected to congress. raised money for him and put an intern probably another spy in his office. that man continues to serve on the house intelligence committee where he is unrestricted access to classified information. how is this happening? >> trace: let's bring in former utah congressman jason chaffetz. good to see you this morning. thanks for coming on. i want to get your take. the axios report says this woman christine fang didn't pass on classified information. the report says private but unclassified information about government officials such as their habits, preferences, schedules, social networks and even rumors about them is a

form of political intelligence. collecting such information is a key part of what foreign intelligence agencies do. what do you make of all this? >> it's a very serious story. he sits on the select committee on intelligence as tucker carlson pointed out, unfettered access to some of our most highly classified documents. it really does beg the question first of all what did they know, when did they know it? our counter intelligence people are not going to know all the interactions that happened. the intern that was placed in his office creates further compromise. i want to know what speaker pelosi knew. she and she alone is the person that appoints people to that select committee. why does it have to have him in that committee when they know he has been potentially compromised? all these questions are swirling around. trace, representative swalwell has not denied the fact that this actually did happen.

>> trace: no denials. he blamed the president. we'll get back to that in a minute. i want to play this from kevin mccarthy saying in essence congressman, this is the tip of the iceberg. watch. >> the tip of the iceberg. this congressman now gets on the intel committee. they are only selected from the intel committee by the leaders of their party meaning nancy pelosi. nancy pelosi is one of the gang of eight along with myself. did nancy pelosi know this had transpired when she put him on the committee? >> trace: the question is not only who did they know or what did they know and when did they know it but who else knew about this? >> congressman mccarthy is absolutely right. he is quoted, representative swalwell is quoted his leadership did know. if they're giving a defensive briefing to a member of congress they'll also give that to the leader of their party, the person that selects this person, the person who is in

the gang of eight, the one and only nancy pelosi. and so the other question is why did he even get on this committee in the first place? he doesn't have a deep intelligence or military type of background. he was very young when he was elected to congress. and then put immediately onto this committee. why? why do all these things happen and why does he continue to sit on this committee when this comes to light she should get rid of him. there is no way he should be on this committee any longer. >> trace: there is also the intimation, jason, about the fact that china's bigger intent here and why this is kind of coming out of california, the bay area in specific because of the powerful leaders that have come out of there. nancy pelosi, dianne feinstein, kamala harris. and you point to things like the liberal policies. is there a connection to be made there at a 30,000 foot level of china's bigger intent going forward?

>> the pervasiveness of the chinese attempt to spy on americans whether they be for intellectual property and our private companies or into the military, our scientific community, into government official is per saysive. there are so many people and i've been briefed on some of this. i have to be careful. there are so many people that are out there in a counter intelligence type of operation trying to focus to steal america's best. but when we know about one, we've got to make sure we bottle that up, put it aside and make sure it doesn't happen anymore. an ongoing systemic vulnerability that nancy pelosi is putting us in that doesn't need to be there. >> trace: we talked how there has been no denials so far of the axios report. they are pushing the blame around here. congressman swalwell said the following here about president trump quoting here. 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. in other words, you know, the president could be behind this whole report. >> that is classic deflection. what comes out in the axios article and they should have hats off to them they've been working on this story since at least 2019. this has been percolating for a long time. this didn't just pop up and print it within 48 hours. more than a year of investigation. i think the lack of denial speaks volumes. to deflect and say it's donald trump's fault is classic swalwell but nobody is buying it. >> trace: we appreciate it. thank you for coming on. >> sandra: now to this fox news alert. texas attorney general ken paxton filing a suit against four state asking the supreme court to declare election certifications in four states unconstitutional. >> these elections in other

states where state law was not followed as required by the constitution affects my voters. these are national elections. if they are fraudulent activities or things that affect an election and state law is not followed as is required by the constitution, it affects our state. it affects every state. >> sandra: john roberts live from the white house on this for us. john, what's the reaction so far from the trump team? >> good morning. the president tweeting about this within the last 15, 20 minutes. the president saying that his campaign will be supporting this case that attorney general of texas ken paxton is bringing the president tweeting we'll be intervening in the texas and many other states case. this is the big one. our country needs a victory. this case is different than others filed. this is one state seeking relief against another. it goes straight to the supreme court and does not make its way through the lower courts first as other cases have. the petition was filed by

attorney general ken paxton of texas who argues his state was harmed by pennsylvania, georgia, michigan, and wisconsin by massively expanding mail-in balloting. paxton wants the supreme court to postpone the appointment of electors while investigations into the voters proceed. electors are supposed to meet and vote on monday for who will be the next president. here is what paxton told hannity last night. >> it is really important to my state that my voters be represented. if other states don't follow the constitution and if their state legislature isn't responsible for overseeing their elections and we have other people who are not under the constitution supposed to be doing this, it affects my state. and so our job is to make sure the constitution is followed and that every vote counts. and in this case i'm not sure that every vote was counted not in the right way. >> he argues those states

destroyed and compromised the election by exploiting the pandemic to justify ignoring federal and state election laws to expand mail-in voting. the president yesterday implored either the supreme court or legislatures or both to have the courage to overturn the results of the election. listen here. >> president trump: now let's see whether or not somebody has the courage. whether it's a legislator or legislatures or whether it's a justice of the supreme court or a number of justices of the supreme court. let's see if they have the courage to do what everybody in this country knows is right. >> paxton getting support from a neighboring state, the attorney general of arkansas leslie rutledge saying her state will join the case. in a statement saying i have determined that i will support the motion by the state of texas in all legally appropriate matters. the integrity of our election must be upheld. the states that are named in

the suit have until thursday at 3:00 p.m. to file a response with the supreme court. unclear at this point if the court is going to take up the case but paxton is hopeful. there was a loss at the supreme court for supporters of president trump yesterday as the supreme court refused to grant an injunction to overturn the results of pennsylvania. there is one more pennsylvania case yet to be heard potentially at the supreme court. that is the one that would throw out all ballots that arrived in the state of pennsylvania, mail-in ballots after 8:00 p.m. on election night. you will recall justice alito asked those ballots be sequestered. no decision on what will happen with them. we'll find out. >> sandra: i'm sure there will be developments as the morning moves on. john roberts, thank you. a potentially big win for los angeles county restaurant owners. a judge issuing a strong rebuke against an outdoor dining ban by public health officials calling it an abuse of emergency powers.

the judge saying the decision is not grounded in science, evidence or logic. white house testing czar admiral gerard saying the same thing earlier this week. >> the evidence clearly does not support limitations on things like outdoor dining, particularly that are spaced outdoor bars. you know, the evidence just isn't there. remember, shutting down completely, particularly if you don't have evidence, can be counterproductive. >> sandra: william la jeunesse is live in los angeles for us. where does this all go from here now? >> sandra, the state is using every tool in the box to keep people home including now an $80 million campaign that includes tv and brochures and your phone. the largest wireless alert in state history started at noon

yesterday. stay at home, it said. except for essential activity. and fresno even considered fineings of 15 or more but backed down after police said they wouldn't enforce it. restaurants won a battle. the judge ruled it had no evidence to outdoor dining ban. >> the decision to include, among other sectors, outdoor dining has to do with the goal of keeping people at home, not -- this was a complete political theater. they have no evidence whatsoever. >> retail is suffering. some stores make a half a year's income between thanksgiving and christmas. right now they are limited to 20% capacity. >> it is our entire year sales. we depend on this time of year to keep us in business. we depend on this time of year to make us thrive. this is where we stake our ground. we spend the whole year planning for this time of year. it is devastating to our business.

>> this comes as positive cases skyrocket rising 50% since friday as the thanksgiving travel surge hits hospitals. zero icu beds available in three central valley counties and officials predict it is only going to get worse. >> they need our support. they need our help. one of the best ways to do that is by changing your own personal decisions and behaviors for this period of time. helping us get transmission down. >> lifting the ban on outdoor dining is irrelevant. the state order remains in effect which is why the restaurants are now going to sue the state. sandra. >> sandra: we'll have a lot more on that coming up. william la jeunesse thank you. >> trace: as a judge sides with restaurants over the california outdoor dining ban. will judges in more states follow suit? plus more on the bombshell report of a chinese spy infiltrating the campaign of

democrat congressman eric swalwell and what it says about chinese influence in american politics. >> these are chinese spies that go down to the level of a mayor. they court and help a city council member become a congressman. this congressman now gets on the intel committee. did nancy pelosi know this had transpired when she put him on the committee?

if you have moderate to severe psoriasis or psoriatic arthritis, little things can become your big moment. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with

an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. to give you the protein you need with less of the sugar you don't. [grunting noise] i'll take that. woohoo! 30 grams of protein and 1 gram of sugar. ensure max protein. with nutrients to support immune health.

>> sandra: a california judge siding with restaurants in los angeles county and rules against an outdoor dining ban there. the judge slamming public health officials and finding no justification for their decision. joining us now james freeman of the "wall street journal" editorial board and fox news contributor. james, i can't even imagine the frustration of these restaurant owners now having this happen. >> yeah, this is maybe the ruling from judge in superior court is a ray of light for those frustrated restaurant owners. we finally have a judiciary, it is only an l.a. judge. it could have an impact. we finally have the judiciary saying you've got to do cost-benefit analysis, government officials. you can't arbitrarily limit

people's freedom. the california law gives the governor and local officials a lot of emergency powers but the judge says the use of those powers has to be tied and have a real and substantial relationship to the -- to what you are trying to address. you can't say we have a lot of covid cases and therefore we're going to choose to shut down outdoor dining without the evidence that outdoor dining is a problem. >> sandra: when we asked admiral girard about that earlier this week he was dumbfounded as to why they would say no outdoor dining saying there is no science that points to this being a spread of the virus. the admiral earlier. >> what really breaks my heart is that i don't know of any data that says you need to shut down outdoor dining or outdoor bars. we really wanted to limit the indoor crowded places. i think we need to do what is necessary to turn the pandemic but not more that's not

evidenced based and counterproductive. >> more from the judge's ruling. the restaurant closure order says is an abuse of the department's emergency powers. is not grounded in science, evidence, or logic and should be adjudicated to be unenforceable as a matter of law but not much they can do to reopen their doors considering the state's shutdown orders. >> well i would say this is not irrelevant because it kind of points a path to now challenge these latest orders. what they are saying now to enforce this general stay at home order is we have rising numbers of cases of people in intensive care units. but i think what the judge's order says is we are now nine months into that pandemic in the u.s. we have data from all over the world. if you are going to limit people's freedom now, you need to show exactly how your restrictions on freedom are

going to save lives. and that data is also missing when it comes to larger blanket lockdowns. and so even though this is a temporary issue and may seem irrelevant, i think it has big implications not just in california, for nationwide where states may have emergency powers but they are not free to exercise them at their whim. they have to show how what they are doing has a scientific, reasonable basis to say it's going to address the risk and it is not going to cause too much harm. this is the other thing l.a. county didn't do. they made little or no effort to measure the cost imposed. you mentioned the guests on the program earlier the devastation of closed restaurants. that has to be part of the calculus if you are going to limit people's freedom in such a dramatic way. >> sandra: we keep hearing from some of these restaurant own whores are deciding to peaceably protest in a certain way. i want to sneak this in here.

a coffee shop owner in l.a. this is what we're doing. listen. >> my coffee shop is in a gray area. they kind of threw it out there and said you can always peacefully protest and so i thought why not? basically only peacefully protesting for outdoor tables and chairs. we aren't actually dining. we're sitting outside having a cup of coffee. so it's a gray area for coffee shops. >> sandra: you feel for them, james. they're doing what they have to do and we'll see what kind of changes are coming their way. we wish the best for them. james freeman from the "wall street journal," appreciate it. >> trace: reining in big tech. the law that could force big changes at facebook. plus this. >> no gun, not even gun.

>> there is a happy ending to report. some christmas cheer coming your way next.

some things are good to know. like where to find the cheapest gas in town and which supermarket gives you the most bang for your buck. something else that's good to know? if you have medicare and medicaid you may be able to get more healthcare benefits through a humana medicare advantage plan. call the number on your screen now and speak to a licensed humana sales agent to see if you qualify. learn about plans that could give you more healthcare benefits than you have today. depending on the plan you choose, you could have your doctor, hospital and

prescription drug coverage in one convenient plan. from humana, a company with nearly 60 years of experience in the healthcare industry. you'll have lots of doctors and specialists to choose from. and, if you have medicare and medicaid, a humana plan may give you other important benefits. depending on where you live, they could include dental, vision and hearing coverage. you may also get rides to plan-approved locations; home delivered meals after an in-patient hospital stay; a monthly allowance for purchasing healthy food and beverages; plus an allowance for health and wellness items. everything from over the counter medications and vitamins, to first aid items and personal care products. best of all, if you have medicare and medicaid, you may qualify for multiple opportunities throughout the year to enroll. so if you want more from medicare, call the number on your screen now to speak with a licensed humana sales agent. learn about humana

plans that could give you more healthcare benefits. including coverage for prescription drugs, dental care, eye exams and glasses, hearing aids and more. a licensed humana sales agent will walk you through your options, answer any questions you have and, if you're eligible, help you enroll over the phone. call today and we'll also send this free guide. humana, a more human way to healthcare.

>> sandra: back to our top story this morning. a report from axios linking eric swalwell who sits on the house intelligence committee to a spy. mo elleithee is here, matt gorman, former communications director for the national republican congressional committee. both joining me now. matt, we're trying to dig into this story this morning. what do we need to know about where this story stands at this point? >> well, swalwell needs to provide a full account. last night i saw comments he made blaming it on trump. that's not good enough. if you think about it swalwell is pretty insignificant in the scheme of things in capitol hill. if china is dedicating such intense resources to someone like him imagine what they could or are doing to higher value targets. he needs to provide an accounting for this and needs to do it now.

>> sandra: mo, isn't it reasonable that republicans are demanding answers? >> well look, let's take a step back and really understand what's going on here. china had placed an intelligence operative in the united states to target political leaders around the country and try to gather information from their campaigns & associates. swalwell wasn't the only person. there were folks across the country including some mayors in the middle of the country and let's also be clear it wasn't a one-party thing. matt will remember this all too well. but the chinese government hacked the mitt romney campaign back in 2012. so what this really says to me is the importance of doubling down our counter intelligence efforts to make sure we are stopping and catching these types of foreign interventions

in our political process and taking a really tough stand against them. >> sandra: based on what we know so far, matt, it becomes a big question as you heard from jason chaffetz earlier making the case he should not be allowed to continue to serve on the house intelligence committee. meanwhile he is getting access so some of our biggest secrets and biggest intelligence data. >> absolutely. and that is very troubling. look, to mo's point, i think it's broadly why i'm very worried about joe biden and his administration taking the foot off the gas when it comes to a hard line on china. look just yesterday when his defense secretary nominee lloyd austin has no experience dealing with china. this is a relationship that will define the next 50 years of not just american foreign policy but really our american way of life. we need to take a harder line to mo's point on cybersecurity but also with the swalwell

thing that's come up. >> sandra: very interesting, mo, a last thought on this. this is a developing story. we will see where this goes. he is not denying this, by the way. what does he need to do and come out and say? >> well, i think transparency is important but again what we know based on the reporting that's been done, is that there is no evidence that any sort of sensitive information was passed along. that this person targeted a number of elected officials just mainly through their campaign operations. but there is no evidence that there was a particularly close relationship between the congressman and this operative. so transparency is important but matt's point is right, we have to focus both at the presidential level and the congressional level. congress hasn't done nearly enough to deal with cybersecurity, to stop this type of foreign interference. >> sandra: meanwhile i want to

move on to some of the picks we're seeing during the biden transition, matt. and what they tell us about what we may see from top leadership under a biden administration. here is the atlantic reporting on lloyd austin, the commander of central command that oversees u.s. operations in the middle east told the white house the islamic state was a flash in the pan. this analysis led obama to describe jihadist groups in iraq and syria as terrorism's jv team as we all remember. >> you are right. i had to think back to what the middle east was like during the obama-biden years. you had that comment and just the rise to power in the middle east along with the iran deal and it made me think of robert gates, obama's defense secretary what he said about joe biden. the fact that he has been wrong

on every foreign policy and national security decision over the last 40 years. so it worries me when he puts forth someone like austin who seems to carry forward that wrong-headed thinking. >> sandra: mo, here is glen green walled on the austin pick. the general is another high-level biden nominee is the corporate resolving door of legalized influence peddling. if confirmed he will have a friend in charge of the bloated 750 billion annual u.s. defense budget. what should critics of this administration, incoming administration, mo, make of this pick? >> so first of all i think it is important to note that general austin's spokesperson denied that he had ever said anything of the sort about isis. there is much record of him publicly speaking out and

talking about the great threat there. he was a respected general. he helped lead the fight against terror in the middle east. remember, this was also a period of time when we decimated al qaeda. i think he will be a strong secretary of defense if confirmed. i don't think we should attack anyone just for working in the private sector. >> sandra: we'll continue to learn more about what that biden administration will eventually look like. we appreciate both of you coming on this morning. thank you. >> trace: bracing for a new lawsuit that could come as soon as today. gillian turner is live in washington what are we learning about this upcoming legal battle? >> good morning, trace. this is the most hotly anticipated lawsuit in the tech world this entire year. sources are telling fox news this morning it could ultimately down the line result in the court forcibly breaking up facebook. the first for a major u.s. company like this in decades. now, this suit specifically is

slated to be filed possibly even today by new york plus a few dozen other u.s. states. their charge is that facebook has become too big, too powerful and is a major violator of antitrust laws. a charge that will sound familiar to anyone following the big tech hearings on capitol hill that kicked off this past summer. now the specific charges in this pending suit resolve around facebook's purchase of rival social media apps. it claims that facebook undertook these purchases in order to maintain its monopoly. >> me or anyone else viewed instagram as a competitor and large multi-purpose social platform. in fact, people at the time mocked our acquisition because they thought that we dramatically spent more money than we should have. >> the suit will allege facebook cut off rival company's to its data.

the federal government is considering filing its own suit. the federal trade commission is slated to vote later today whether to move forward with a separate antitrust move. that's likely to be filed here in washington, d.c. important to point out it comes on the heels of the justice department and 11 state attorney generals filing an antitrust suit against another company google at the end of october. after months of marathon hearings on capitol hill, threats of regulation from lawmakers, it does appear that big tech is finally facing a moment of reckoning. it is being delivered through the courts instead of through the congress, trace. >> trace: there is movement. gillian turner live in d.c. thank you. >> sandra: a politically correct mall santa is causing a bit of controversy when he denies a little boy's request for a nerf gun. it happened at the harlem irving plaza mall in illinois.

video showing the 4-year-old michael sobbing after santa says no to that gun. the mall step in to surprise that child with a very special delivery. >> we're so sorry about that. i heard about this up at the north pole and i -- >> sandra: he got the nerf gun he wanted. his mother blasted the first santa on "fox & friends." >> what did you call the mall santa? >> bad santa. >> even if he doesn't agree with nerf guns or guns that's fine. it is not his job to tell my son no. >> sandra: trace, if i can say anything about this we just love the spirit of santa claus, let's keep that alive for kids as long as they're happy to show up and see him.

>> trace: i talked to a former mall santa this week who said bottom line here is at mall santas our job is to do one thing. you sit there and you nod your head to the kid. santa's don't weigh in or say yes or no and off they go. that's the job. yeah, exactly right. meantime the owner of a barbecue place continues indoor service despite a court order to stop. why he remains defiant. report cards are out in school districts doing distance learning across the country. education secretary betsy devos joins us with how students are doing and the struggles they are facing. that's next hour. ♪ you must go and i must bide ♪ but come ye back when su-- mom, dad. why's jamie here? it's sunday. sunday sing along. and he helped us get a home and auto bundle. he's been our insurance guy for five years now. he makes us feel like we're worth protecting.

[ gasps ] why didn't you tell us about these savings, flo? i've literally told you a thousand times. ♪ oh, danny boy, the pipes, the pipes are calling ♪ i'm just gonna... ♪ from glen to glen i'm just gonna... ♪ i'll be home for christmas ♪ if only in my dreams ♪ it was kind of a shock after i started cosentyx. i'm still clear, five years now. cosentyx works fast to give you clear skin that can last. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms

develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. i look and feel so much better. see me. ask your dermatologist if cosentyx could help you move past the pain of psoriasis. it was 1961 when nellie young lost her devoted husband. without him, things were tough. her last option was to sell her home, but... her home meant everything to her. her husband had been a high school football coach and it turned out, one of his former players came up with an answer. a loan, created just for older homeowners. and pretty soon, nellie young had one of the first reverse mortgages. discover if a reverse mortgage loan is right for you. use it to eliminate monthly mortgage payments and increase cashflow, create an emergency fund, preserve retirement savings and more. call now for your free information kit.

that first reverse mortgage loan meant nellie could stay in the home she loved so much, with memories that meant even more. a reverse mortgage loan isn't some kind of trick to take your home. it's a loan... and it's tax-free cash just when you need it. it's about making your retirement better. call today and find out more in aag's free, no-obligation reverse mortgage loan guide. access tax-free cash and stay in the home you love. of course, you can use it to pay some bills, cover medical costs, update or repair your home. but best of all, it eliminates those monthly mortgage payments so you get more cash in your pocket, every month. learn how you can use a reverse mortgage loan to cover your expenses, pay for healthcare, preserve retirement savings, and so much more. a lots changed since 1961... since then over a million older americans have used a reverse mortgage loan

to finance their retirements. it meant so much to nellie, maybe it could mean as much to you... call now and get your free infokit how did you know? mom...that was taken at the farm. it was in this small little village. in connemara? right! connemara it is. honestly, we went there- oh, oh look at that! look at that. >> trace: a michigan pandemic restriction extended through december 20 dealing a new blow to many small businesses and restaurants who depend on holiday traffic. some places are refusing to shut down including wood chips

barbecue in lapierre. owner patrick hingst joins us now. i want the play sound if i can from your governor gretchen whitmer and get your response. >> to our small business owners, i want you to know i understand the incredible sacrifices that you have made this year in order for us to help save people's lives. and i appreciate you. but there is more work we need to do to protect one another. >> trace: she is saying if restaurants open they are putting people in danger even though we know this week federal officials told us it is not dangerous. outdoor dining is not dangerous, indoor dining is not dangerous with riments. what are your thoughts with what is going on in your state? >> we agree it is not an either/or situation. we don't think our industry needs to be destroyed to save another segment of the population. there are solutions that work and doubled down on our safety precautions, we have mask

wearing across the board. sanitizer stations, employee health checks and temperature screens. take temperatures for guests coming. reduce capacity to less than 1/3. more food safety managers and a manager who was a national guardsman who completed certified contact tracing when it comes to covid-19. we've gone above and beyond. the numbers bear it out. there are very few outbreaks where restaurant guests to workers is taking place. >> trace: you gave away some 70 turkeys and now you're about to feed 500 people in the neighbors feeding neighbors program there. you are also not taking a paycheck and really saying look, you're just trying before the holidays to keep your employees employed. >> that's exactly right. we've been operating as a nonprofit for this three-week pause period. my paycheck is donated back.

the other profit we're making is into a pool and providing christmas bonuses for our team and preserve all their jobs. they were all offered voluntary layoffs but they want to be supportive. we've been able to build up quite a community funds which we have to be able to do all these things you mentioned as well as provide several thousand dollars worth of care packages to local laid off restaurant workers. we have a lot more great ideas in the mix to be able to take care of our community but we do have to also watch out because the government has threatened greater fines against us. the funding campaign, so protect -- we can make sure we can continue to do all the good for the massive amounts of people in our area that need a helping hand. >> trace: i want the note michigan restaurant lodging association believes that you are being unfairly targeted and 45 other states have it right. michigan has it wrong. patrick hingst, good of you to come on. best of luck to you. thank you. >> thank you, trace.

>> sandra: the search continues for the suspects who vandalized a prominent republican club in new york city. a live report next on who is believed to be behind that attack. plus elon musk leaving the california sunshine packing his bags, moving tesla to the lone star state. ♪ i woke up this morning, texas on my mind ♪ ♪ thinking about my friends there ♪ into a smaller life? are your asthma treatments just not enough? then see what could open up for you with fasenra. it is not a steroid or inhaler. it is not a rescue medicine or for other eosinophilic conditions. it's an add-on injection for people 12 and up with asthma driven by eosinophils.

nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove eosinophils, a key cause of asthma. it helps to prevent asthma attacks, improve breathing, and can reduce the need for oral steroids like prednisone. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection, or your asthma worsens. headache and sore throat may occur. could you be living a bigger life? ask an asthma specialist about fasenra.

♪ ♪ heart monitors that let your doctor watch over you, just like you watch over your best friend. another life-changing technology from abbott, so you don't wait for life. you live it.

>> sandra: church leaders across california outraged over governor newsom's stay at home orders that prevent indoor services in most of the state.

saying it violates the constitutional rights of people of faith. joining us now is the archbishop of san francisco salvador cordileone. you are taking issue with the fact that worshippers can't enter a house of worship and practice their religion. >> yes. we do so recognizing the need for safety and we have issued safety protocols that are effective. they've been scientifically shown to prevent outbreaks of infection so we can worship safely. so we're still not allowed to have indoor services while indoor retail is allowed to operate it. reduced from 25 to 20%. nonetheless it's possible for people in these large department stores and retail outlets to spend an hour or two or three hours inside. whereas we could keep our religious services to an hour in necessary and make sure people are safe. i accept the need for the state

to give us guidance on safety, but we've shown we can do it. we should be allowed to do it. >> sandra: and i think we all appreciate you pointing that out because so many leaders across the nation trying to reopen their houses of worship have shared similar concerns. you are all concerned about safety. you don't want anybody getting sick but you do feel like you can implement those safety measures and implement the guidance we've been given about distancing and wearing masks to keep people safe inside a church. your statement on the closures. catholics and others responsible faith communities should not be lumped in with a few irresponsible bad actors. this is not done with anyone else and it shouldn't be done with people of faith. worship is not less important than shopping for shoes. it is more important to people's spiritual and emotional health. let my people worship. it is a constitutional right. such an important message. so many of us have seen that

comparison. you can go out and holiday shop and enter a retail church and not go to church and sit shoulder to shoulder on an airplane and not go to church. it must lead to a lot of frustration. >> it is very frustrating and worrisome. one of the principles of our country is the free exercise of the first amendment so the state does not have authority to intrude into matters of the church. the state could not tell the church not to worship. again, i accept that the state can tell the church what we have to do to keep people safe but it can't be so severe as to in effect ban public worship just like when we build a church, we build churches to code. the city sends an inspector to make sure we have the rules but they don't tell us,000 arrange the worship space. same thing here. they can't tell us not to worship. but they can give us guidance on how to worship safely. like i said we've come up with

a plan. i know other faith communities have come up with plans. as you mentioned, we're being responsible. there are a few outliers that haven't been but like you said in my statement, they don't do that with anyone else. why do they do that with worship? it's worrisome the state is intruding its ability in areas of church matters where they have no authority. >> sandra: archbishop. it struck me this morning preparing to talk to you that the world health organization put out a new warning no hugging over the holidays this year. the doctor, michael ryan, saying it's a horrible thing to think we would be here as a world health organization saying to people don't hug each other. it is terrible. that's the brutal reality in places like the united states right now. archbishop it struck me because this season of hope, the holidays when we all come together, we worship together, we pray together, we hug each other, it is going to be so different this year. final thoughts beyond the constitutional worry that you

are having about your worshippers. on the isolation factor of this pandemic and just how hard this has been on so many americans. >> yes. as human beings we're a social creature. we need to be together, to congregate together. i understand the concern of health officials. they are worried about this latest spike and overwhelming the hospitals. they want to do everything to stop that spread. but there are other factors we need to consider our need for community and being together. the isolation is wreaking havoc with mental health and domestic violence and the spike in suicides. it is very worrisome. so i think what we need to find is a balance. people, we have to keep teaching people how to be responsible, we need to talk about being responsible and careful that we don't do anything to expose people to risk. but also being able to continue

to live out our day-to-day lives in community with others. as far as worship goes, we have launched an effort we call the free the mask effort to urge our government officials to let us worship. an online petition. >> sandra: i know you're working hard, bishop. we're out of time. thank you for joining us this morning and our best to you this holiday season. thank you for your time this morning. >> thank you for having me. >> trace: a report linking house intelligence committee member eric swalwell to a suspected chinese spy. the revelations prompting calls for the democratic congressman to be removed from the panel and questions about who else was targeted?

♪ you're still the one ♪ that i love to touch ♪ still the one ♪ and i can't get enough ♪ we're still having fun, ♪ and you're still the one applebee's 2 for $20. now that's eating good in the neighborhood.

>> sandra: a bombshell new report revealing a chinese spy was targeting american politicians using money or sex to gain access and infiltrate the halls of american power. one of her reported targets congressman eric swalwell is blaming president trump. welcome to a brand-new hour of "america's newsroom." i'm sandra smith. >> trace: good morning everyone. i'm trace gallagher. axios reports a woman named fang fang or christine fang was working for the ministry security of china. investigators became so alarmed by her activities they alerted

swalwell back in 2015. swalwell responding to the report moments ago. watch. >> i was shocked just over six years ago when i was told about this individual. and then i offered to help and i did help. i was thanked by the f.b.i. for my help and that person is no longer in the country. and i was a little surprised to read about my cooperation in that story because the story says that there was no -- never a suspicion of wrongdoing on my part. >> trace: let's get to mike emanuel live for us in washington good morning to you. >> good morning. the congressman is suggesting this report was leaked to hurt him after his frequent and harsh criticism of president trump. axios reported swalwell was part of a group of well-known northern california democrats targeted by a chinese national named fang fang being an operative for china's ministry of state security. her first contact with him was when he was a city council

member in dublin, california before being elected to congress in 2012. he told "politico" last night i've been a critic of the president and spoken out against him and i was on both committees that worked in impeach him. the timing feels like that should be looked at. his office told fox quote representative swalwell long ago provided information about this person who he met more than eight years ago and whom he hasn't seen in nearly six years to the f.b.i. to protect information that might be classified he will not participate in your story. the house republican leader says this issue raises a whole lot of questions. >> this is only the tip of the iceberg. remember what we're hearing? these are chinese spies that go down to the level of a mayor. this congressman now gets on the intel committee. they are only selected from the intel committee by the leaders of their party, meaning nancy pelosi. nancy pelosi is one of the gang of eight along with myself. did nancy pelosi know this had transpired when she put him on

the committee? >> swalwell told "politico" congressional leadership knew about the issue and still ended up on the intelligence committee. >> trace: back to you as the news breaks. >> sandra: we'll monitor that. schools across america are confronting an epidemic of failing grades with at least a dozen states ordering full or partial school shutdowns statewide. districts from coast to coast are reporting that the number of students failing in their classes has in some cases doubled or tripled. joining us now is u.s. secretary of education betsy devos. madam secretary, good morning and thank you for being here. we're all incredibly concerned about what appears to be a growing problem with teachers reporting failing grades for their students amid this pandemic. what are we doing about it? >> sandra, it is tragic to see what is happening after months and months of schools being

closed down, not reopening again this fall like they had been urged and encouraged to do. we're not -- it is not a surprise we're seeing tragic results among children today. first of all, many children who are not showing up remotely for school. others failing classes they didn't fail before. the conclusion is schools have to reopen particularly for the kids who are most vulnerable. >> sandra: madam secretary, what is your concern about sort of this gap that we're going to see in progress among students? we know so many of the private schools, parochial schools have been able to stay open for full-time learning and it is the public, inner city schools that are shut and those are the kids who are at home in some cases have two parents that go to work that are not overseeing their virtual at-home learning and they are falling behind.

>> well, and we've heard so much discussion about the need for equity and equality. and these are the kids who are the ones that are being failed the most. the traditional public schools with whom the teachers union have played politics, have kept these schools closed. have denied these kids the opportunity to continue their learning. it is shameful and they have got to get back into the classroom. we see it being done safely and without incident or minimal incident across the country as you said in many private and charter schools, in schools around the world kids have got to be back in school. we're going to have a lost generation if we don't heed that continued warning. >> sandra: secretary devos, this is from forbes magazine on how to prevent covid from creating a lost generation of students that you just described could be happening. it says this, to be sure it's important to just get kids back to school as quickly and safely

as possible. aside from the fact that vulnerable students face barriers to just gaining access to virtual classes, remote learning has generally worked only for students who are already successful. it is such a great point, madam secretary. kids who were already good students are at home and they put their computers up and do what they have to do. it is other kids that were depending on that in-class experience to get the help they needed if they were a struggling student. so what do we do now? we know some of these governors are saying not yet. we aren't sending the kids back to school. california, new york, partial learning is happening, hybrid learning models are happening. what do we do now that science says the kids aren't getting it in the classroom. dr. fauci said it's time we get the kids back into the schools. >> absolutely. the health professionals are saying what we've known to be the case for many months. the data shows kids can safely be in school. they must be in school learning.

we have got to insure that particularly the most vulnerable kids are able to access classrooms, are able to get back. families with economic means have been able to figure alternatives out. we have got to empower those families. if these schools continue to refuse serving kids in person, give the families the resources to find a place that will take care of their kids and their education. >> sandra: what's your message to governors like gavin newsom in california or governor andrew cuomo in new york? >> well, they should be following the science as they profess to be doing. the science says that kids can and should be in school. we can do it safely. i visited tens of schools that have been doing it safely and we know of many, many others across the country and around the world, frankly, that are doing it. we're denying way too many kids their futures because of personal political interest and

we have got to confront those and insure that kids can get back into the classroom. >> sandra: huge problem that so many parents, this is their worry every hour of every day when they see their kids struggling during this pandemic. we hope something is done. >> i was just going to say parents have power in their voices and parents in oregon, parents in northern virginia, across the country are raising their voice saying enough. our kids have to get back to learning and i don't underestimate parents, your power and your voice. speak up and advocate for your kids and their futures. >> sandra: it's an important message. secretary devos, appreciate your time this morning. come back soon. >> thanks. >> trace: a couple breaking stories. the corner of wall and broad. market is back in record territory. let's bring in money man charles payne to give us some insight on this. charles, what is happening with

the market? >> we have a few things going on, trace. you have to go back to last month november, second best since 1928. we had a couple things. the election, there was no blue wave. a lot of factors, the underlying factors that grew this economy, low regulations, low taxes, wall street thinks will stay in place. the vaccine news. extraordinary. helps the market look beyond what could be a tough winter for americans and to maybe a brighter spring. that is being factored in. upcoming stimulus. perhaps a package out of congress. federal reserve will turn on the printing presses this month. you have some powerful factors including the fact that we already have sort of an economic juggernaut in february. that's resurfacing. >> trace: following the story coming out of california. one of the richest guys on the planet elon musk saying goodbye, california, hello texas. what do you make of that, charles? >> we got the beverly

hillbillies in reverse, right? everyone is leaving new york because they don't want to pay high taxes, no state tax, no state tax on capital gains or income. friendly environment. they aren't shutting people down. they aren't stopping people from going to work. these places are growing, texas, colorado, utah, florida, georgia, they're growing and blossoming for the very reasons that california once blossomed. then of course elon musk pointed to a special thing, arrogance of silicon valley. i agree. on top of these high taxes and regulations it is a tough place to live. the homelessness problem. the crime problem. so many things. silicon valley themselves have become so arrogant and lawmakers there like gavin new some so arrogant he is letting these companies leave. watch how many folks follow elon musk.

>> trace: back in may newsom said i'm not worried about elon musk leaving any time soon. if he talked about six months, he was right. new york politicians not worried about anybody leaving new york. >> heartbreaking of the arrogance. the billionaires can move. it hurts the economic benefits of the taxes to tax growing businesses. these leaders have to come down off their high horse and need to understand what the average american is going through. elon musk gets it more than these elected officials. >> trace: my point. it is noty lon leaving. it's the jobs leaving with him. thank you, sir. >> you got it. >> sandra: a massive underground party ends in a less than festive way after the cops move in. what the sheriff is now saying about that crackdown next. and new warnings about a

progressive prosecutor. why the police union says the incoming d.a. is a threat to public safety. veterans, record low mortgage rates have now fallen even lower. by refinancing at newday you can save $3000 a year every year. with their va streamline refi, there is no income verification no appraisal, no out of pocket costs and no va paperwork for you. you can start the process right over the phone. refi now and cut $3000 a year off your mortgage payments. loans can close in as little as 30 days.

@ni'3o -]hú"2h;a&g-#@ih$b .m are you managing ...using fingersticks? with the new freestyle libre 2 system, a continuous glucose monitor, you can check your glucose with a painless, one-second scan. and now with optional alarms, you can choose to be notified if you go too high or too low. and for those who qualify, the freestyle libre 2 system is now covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestyle libre 2 dot u.s. ♪

[what's this?] oh, are we kicking karly out? we live with at&t. it was a lapse in judgment. at&t, we called this house meeting because you advertise gig-speed internet, but we can't sign up for that here. yeah, but i'm just like warming up to those speeds. you've lived here two years. the personal attacks aren't helping, karly. don't you have like a hot pilates class to get to or something? [ muffled scream ] stop living with at&t. xfinity can deliver gig to the most homes. >> sandra: l.a. county deputies breaking up a huge underground party and arrest nearly 160

people. the party took place despite restrictions on large gatherings. and a statewide curfew due to the coronavirus pandemic. the sheriff says crackdowns like this are a priority. >> in this case it was a vacant house they broke into to do this party. that's how brazen this operation was. and this is something that is worth spending our resources to clamp down on because these super spread events if we get rid of them we'll improve our ability to fight the pandemic on the whole scale. >> sandra: the sheriff also said the party organizers used a yu -- u-haul to haul in equipment and have done this in other cities. >> trace: a potential prosecutor as a daing tore law and order. the newly elected district attorney is bringing big changes to the nation's most populous county but the police unions says his plans are

potentially disastrous. "new york post" columnist michael goodwin is here to talk about the changes. always good to see you. you have gorgeous ton when he was in san francisco for eight years it wasn't like the whole country was applauding the job he did there. listen to tucker's take last night and i'll get your response. >> under his tenure san francisco led the state of california in property crimes and violent crimes and ranked near the bottom in arrests. you might be wondering someone with a track record like that, how that person could move up and become d.a. in los angeles or anywhere. >> trace: he says the answer is because of powerful people helping him, michael. what are your thoughts? >> well, good morning, trace. this is a pattern unfortunately that is happening in a lot of major cities across the country. if you recall the portland prosecutor did not want to prosecute a lot of those people arrested for their nightly attacks on the federal

courthouse and we've seen it across the country. we have it in new york as well where a number of people running to the prosecutor and the manhattan district attorney favor defunding the police. what is happening in los angeles with a ground grade a lot of offenses particularly for young people. say it doesn't matter. we'll let you go. no-cash bail where everybody who gets arrested unless it's for a heinous crime is let go immediately without bail. there is a real movement afoot across the country to decriminalize and to really set people free as though somehow the criminal justice system is a bad thing without regard to the rights of the victims of these crimes. >> trace: certainly property crimes are no longer illegal in san francisco. about to be in los angeles. it is interesting because is this just another smackdown on police? you talked about defunding the police. police union says the following. as homicides, shooting victims

and shots fired into occupied homes soar in los angeles it is upsetting to release from jail those responsible for the blood shed. these victims and law abiding residents lost a voice today while criminals and gang members gained an ally in the prosecutor's office. your thoughts. >> think of the contradiction. the police are now arresting or fining people gathering because of covid restrictions. if you fire a weapon or burglarize a store. driving without a license, drunk driving. they don't matter to society? what's the social contract if it is not about protecting the innocent from the guilty? if nobody is guilty, then how are the innocent going to be protected? what rights do they have to property, to safety, to a sense of security? apparently none in this new

wave of prosecutors who are against prosecution. >> trace: lastly michael speaking of liberal policies, here comes the flood of new york mayoral candidates. i was going to -- you start off by saying another day, another candidate in new york city mayor. if only quantity could substitute for quality. here they come. >> yeah. it is just -- there are nearly a dozen running right now. my point in writing this is that they may all be fine people but the reality is none of them is talking about the crime wave that new york is experiencing where you have murders up 38% over a year. you've got shootings up double. you've got car thefts 67% increase over this period last year. and on and on and on. so all these people running for mayor talk about resolving inequality and social justice, all that is fine but if the city isn't safe, it is not going to come back. we have had an enormous flight

of people in part by the pandemic, in part by the crime wave. schools closed, so a lot of people have left the city and they will not come back if it's not safe. so crime i think has to be the first priority of a new mayor. so far i have not heard a candidate say that. >> trace: michael goodwin, good to see you. thank you. >> thank you. >> sandra: meanwhile developing story we're following for you this morning. a report of a chinese spy operation targeting american politicians. what we're now learning about california democrat eric swalwell's involvement and whether other lawmakers were targeted. plus howie kurtz on news networks ignoring president trump's vaccine summit in favor of announcements by president-elect joe biden. ♪ got to get up, got to get home before the morning comes ♪

what if i'm late. got a big day. got to get home before the sun comes up. ♪ robinhood believes now is the time to do money.

without the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood. >> sandra: bottom of the hour. time for top stories. the white house reportedly wants to send stimulus check in the next coronavirus relief bill. officials are pressing republican senators for $600 checks to be included. >> sandra: a judge dismissing the criminal case against former national security

advisor michael flynn. president trump's pardoning him late last month after the judge refused to automatically grant the justice department's motion to dismiss the case. >> trace: the founder of black lives matter is firing back after former president obama criticized the defund police movement. the co-founder says the movement helped president elect joe biden win the white house. >> they have a long record of these democrats in california being targeted by chinese intelligence. makes you wonder why china thinks there is such rich targets. a lot of them have been in bed with china for a long time. >> sandra: that was the arkansas senator tom cotton discussing china's disturbing history of espionage targeting local and national leaders. an intelligence firm got close to several high-profile politicians including eric swalwell.

dan hoffman, a former station chief and fox news contributor. can you take us through what we're learning through the reporting? what exactly are we learning happened here? >> what we're learning is this latest piece of evidence of china's full throttled espionage campaign against us. they use spies under non-official cover. fang moved to the united states around 2011, enrolled at california state university and gave her good cover. she set out to make contact with young but influential politicians. the idea that spot politicians earlier in their career, develop good relationships you can hang on as they take on positions of greater responsibility. so she raised money for candidates like representative swalwell. volunteered on campaigns. khanna's campaign for congress and the mayor of freemont,

california. his campaign as well. she had a very high-profile, quite prolific and had romantic relationships with two midwestern mayors as well. >> sandra: so eric swalwell is not denying this. he just responded to the report a short time ago. listen. >> in our congressional offices, jim, we don't have the technical capabilities to run background checks on people who are around us. my district has a third asian descent so you don't also want to stereotype people as spies. i think this means we need to invest more in our intelligence resources so we don't have people who can successfully do this. >> sandra: dan, your response to hearing that from the congressman. >> a couple of points here. first of all representative swalwell is on the house intelligence committee so he has a greater appreciation for the threats we face from nefarious adversaries like china and should be aware that china focuses to such a great

extent on california because of silicon valley, the large number of ethnic chinese there that allows people like their spies like christine fang to establish good cover. she is a chinese citizen. he should have done -- his staff should have done a better job of vetting her given that she had some close proximity to him. that was a failure on his part. but he is right that the f.b.i. needs to do more. when our citizens are forewarned they are forearmed and that goes for our elected representatives as well. >> sandra: tucker carlson teed off on the story last night. listen. >> eric swalwell, who has used his office to promote beijing's talking points almost word for word. ones that matter. a man who admits to a close personal relationship with an actual chinese spy, who helped him get elected to congress. raised money for him and put an intern probably another spy in

his office. that man continues to serve on the house intelligence committee where he has unrestricted access to classified information. how is this happening? >> sandra: dan, this story as i mentioned is developing and there is a lot of reaction pouring in this morning. i'll get your reaction to that in a moment. here is the white house press secretary for the president kayleigh mcenany just issued a statement to fox news saying this. for four years president trump was accused of being a russian operative. it is remarkable that the entity under control of a foreign power was the democrats including eric swalwell. democrats were accusing the right of something they were doing all along. it was never russia and the republicans, it was the democrats and china. and lindsey graham the sitting u.s. senator also just tweeted this out. several important things to keep in mind about the china/swalwell connection. it shows the depth of the effort by the chinese to

infiltrate america's political system and shows bad judgment and hypocrisy on the part of congressman swalwell who led the charge in the russia hoax and impeachment and finally it clearly demonstrates a double standard when it comes to defensive briefings by the f.b.i. dan, we know that he have is privy to a lot of very sensitive information, eric swalwell, sitting on the intel committee. should that stop for now until we learn more? >> no, it shouldn't stop and i would just caution with all due respect the press secretary should be very careful about making such a serious allegation without necessarily having the evidence at this point to back up anything. just as president trump was innocent until proven otherwise, so should eric swalwell be. the f.b.i. said no evidence that christine fang collected or stole any classified information. she was interested in doing with all these politicians was networking, obtaining

information about their schedules and what makes them tick as persons, as individuals. essentially so she could write leadership proper files for chinese intelligence to use to understand better how these politicians operated. the other thing i would highlight. california is heavily democrat, represented by democrats and so they are the ones that are really under siege here. let's just all remember we should be aiming our rhetorical and other fire at our enemy china and their intelligence service mss, not necessarily against each other. let's wait to get more facts and let's be prudent what sort of allegations we make against our own citizens and elected representatives. >> sandra: points well taken as the story develops we'll bring anything we learn about it to our viewers, dan hoffman, thank you. >> trace: major milestone in the fight against covid president trump saying the u.s. is only days away from rolling out the first vaccine that will soon end the pandemic. he spoke during an operation warp speed vaccine summit at

the white house yesterday but only fox covered the event. the other two networks aired president-elect biden announcing javier becerra as his hhs secretary and the rest of his healthcare team. let's bring in howard kurtz and the host of "media buzz". mainstream media took a pass on operation warp speed summit. it was pretty much all hands on deck for joe biden saying this. watch. >> i'm absolutely convinced that in 100 days we can change the course of the disease and change life in america for the better. >> trace: what he left out is thanks to operation warp speed. your thoughts on the media coverage, howie. >> let me start with the white house events. i was surprised the media didn't take president trump's remarks. when he talks you see what happens. the president deserves credit for the success of the vaccine

program. if it had faltered he would be blamed by the press. in a larger sense i think the media increasingly treating donald trump as the lame duck and joe biden as the guy who matters, peter alexander asked why was nobody from the biden team invited. he said i won the election. supreme court or the state legislatures should have the courage to overturn the results. that completely changed the headlines and moved away from the virus at all. >> trace: you talk about how operation warp speed had failed. the media would point that out to the president. the associated press ran this headline. quoting here, though trump was taking credit for the pace of vaccine development, much of the ground work was laid over the past decade. in other words, you know, really it was the obama administration that had, you know, the run-up to this was all done in previous administrations. what do you think of that? >> well, the bottom line is

nobody had ever been confronted in the world with anything like the coronavirus and everybody acknowledges that for a vaccine to be developed by pfizer and moderna in nine months is lightning and warp speed. the president doesn't get all the credit. the companies get credit. they boycotted the white house event because they didn't want to look political. to try to spread the credit elsewhere is not that the president single handedly but the administration, they've been accused of fumbling on covid-19. they did something good here. the biden administration will have to deal with the distribution of the vaccine but right now it's the trump administration. >> trace: always good to have you, sir. >> sandra: okay. small businesses seeking a lifeline during covid through the paycheck protection program or ppp. but coming up empty.

up next a hair salon owner who got next to nothing. how much longer can people like her hang on? rrates mortgage have just dropped even lower. using their va benefits, veterans who refi at newday can now save $3000 dollars a year with the va streamline refi. at newday there's no income verification, no appraisal, and not a single dollar out of pocket. one call can save you $3000 a year. my husband would have been on the sidelines. 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.

>> sandra: small business under siege from the pandemic and many are getting little to no help from the paycheck protection program. lillian carter hendrix own the clean forever hair salon in illinois just outside of chicago and joins us now. she applied for a $24,000 ppp loan and got $73. lillian, did you take that $73? >> no, i didn't take it. i refused it. that wouldn't help me at all for my business. >> sandra: what has it been like for you trying to operate your business through this pandemic considering the strict restrictions and shutdown measures in your state?

>> due to the fact that i'm self-employed as a hairstylist, it has been quite difficult because you depend on the fact of referrals or you're maintaining the clientele you already have. it has been a difficult time. i know and trust that it will get better. i just have to have the faith in the business that i do have, but it's other hairstylists still going through the same situation and they were also not able to acquire that ppp loan. >> sandra: do you think you can survive this? will your business be able to come out of this and eventually operate again? what have you had to do with your employees?

>> basically in actuality the employees that was working with me, some are not working with me anymore. we basically was doing something on a rotating level. now i'm just basically in that salon just basically trying to maintain it, do other things to still keep my dream alive. and i was grateful at the time when the pandemic hit, i had reached out and began to start doing insurance and i believe that's what enabled -- they gave me the ability to be able to keep my dream alive, so i'm just going to keep trying to do those things to enhance my business. i'm not going to give up on something that i dream about having. >> sandra: lillian, it is so important what you are saying.

you said a few times now you are keeping your dream alive and for many who have never started a small business, they don't see what goes into even getting a small business off the ground, opening your doors, hiring workers, paying the utilities, and then making money on top of that. we know it's an everyday struggle for our small businesses and we wish the best for you, lillian. thank you for joining us this morning. >> you are quite welcome. like i say, once again i'm thankful for being on to talk about this because a lot of small businesses, they are going through a lot and a lot of the people that are up higher up, the presidents and governors, they don't understand what the small businesses are going through just trying to keep your dream alive and surviving in the dream that has been given to you. thank you so much. >> sandra: lillian, thanks for

coming on. >> you are welcome. >> sandra: our best to you. >> trace: a comedian no stranger to controversy taking a stand against cancel culture. >> they are great doctors. they are getting fired from the hospital because of a bad joke they made on twitter. i don't care -- that's not relevant to what they do. >> trace: what ricky gervais says is the main misunderstanding of the cancel culture movement. ♪

♪ ♪ i got it all from you ♪ i'm always pushing through ♪ i know we'll make it to the finish line ♪ ♪ i know you're waiting on the other side ♪ ♪ i'm like you on-demand glucose monitoring. because they're always on. another life-changing technology from abbott. so you don't wait for life. you live it.

♪ >> sandra: a police sergeant in georgia using the power of music to increase awareness about holiday theft. la grang police sergeant robert purdy singing we wish you would keep your car locked and added harmony to the song. theft present veng tips is effective. >> trace: i want to know what they replace figy pudding with. i know it has to be some kind of great crime anti-prevention. very clever stuff. >> sandra: good way to get the message across. >> trace: ricky gervais lashes out against cancel culture criticizing how backlash from twitter over jokes made people lose their careers. fox news headlines 24/7 reporter carley shimkus is here with more on that.

i want to play this sound from him. he said this and i'll get your response on the other side, carley. >> you could be the most woke person in the moment but you don't know what it would be like in 10 years. you can get canceled for things you said 10 years ago. >> trace: fair point? >> i was thinking about all the things that have been canceled so far this year and the list, trace, is pretty long. i'm sure i'm forgetting some. goya, paw patrol. show cops, rail police. ellen degeneres, jimmy fallon. did some of them say things not so nice and controversial? absolutely. but were their offenses egregious enough to be driven out of society and careers

destroyed? cancel cultures says it's not a fair and equitable world. it boils down to people pointing fingers and saying i'm better than you and it is not good. >> trace: he goes back and compares cancel culture to road rage. he has a good point. you do things on social media and on the freeway that you would never do in real life. you flip people off on the freeway for cutting you off. you would never go into a grocery store and somebody got in front of them you wouldn't flip them off. it's amazing the stuff we do when we feel like we are protected by our car or by the social media internet. >> yeah. it is so true. he even said in that little clip that you played that you could be canceled for things that you said five, 10 years ago. that's really dangerous. how many articles have we read where the first line is recently unearthed tweets. those tweets were recently unearthed because that person

did something good. they had accomplishment, job promotion, won and award. somebody went on social media and looked for things to destroy them and tear them down. if you are thinking i'm not on social media and it doesn't affect me. yes, it does. you are a member of society. while freedom of speech is alive and well in terms of from a constitutional standpoint, in the court of public opinion it's not. you really could get canceled for saying something that one group of people thinks is totally acceptable but the other group doesn't. >> trace: one day you are anonymous, the next day you are a target. carley shimkus, good to see you. >> sandra: meanwhile a top democratic lawmaker reportedly tied to a chinese spy. were eric swalwell and some other lawmakers compromised? and your trip to see santa. it will look a little bit different this year. how malls are adapting to the

pandemic this holiday season. ♪ every veteran, every service member out there, if you're thinking about buying a home you should come to newday usa first. there's no money down, it's the best vehicle that a person who served in the military or is serving today has today to have a new home. if we can possibly get that veteran in a home we're going to do it at newday usa. why would you rent today when you can buy your own home and participate in the american dream?

s0@3introducing the new sleep number 360 smart bed... ®b!rz now temperature balancing, so you can sleep better together. and now, save up to $700 on new sleep number 360 smart beds. plus, 0% interest for 48 months on all smart beds. only for a limited time. or psoriatic arthritis, little things can become your big moment. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss.

your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. special guest flo challenges the hand models to show off the ease of comparing rates with progressive's home quote explorer. international hand model jon-jon gets personal. your wayward pinky is grotesque. then a high stakes patty-cake battle royale ends in triumph. you have the upper hands! it's a race to the lowest rate, and so much more. only on "the upper hands." ♪ santa claus is coming to town, santa claus is coming to town, santa claus is coming to town ♪ >> sandra: santa is, of course,

staying socially distanced this year. many malls are making him sit behind plexiglas. jeff flock is at the oak brook mall in oak brook, illinois. time i would spend time when i was growing up in the chicago area. what are you seeing there? >> i think they still remember you here. you probably had a very different santa experience back in the day. i have santa's air stream out here. oak brook i'll tell the viewers is an outdoor mall and always had santa. this year a very different experience. i will get my mask on as i talk to tim, the mall manager and you'll take me to see santa. you can do this safely now. how do you do it? >> so i think since this has begun we've he can seeded the cdc health and safety guidelines including our santa experience. >> santa is in a tent this year, sandra. this is a very familiar santa.

hello, sir. merry christmas to you. >> sandra: hi, santa. >> sandra says hello from new york. do you feel safe? i must ask you. you are magical i know. this virus is a tough one. do you feel safe sir? >> absolutely. we do everything here to make sure that things are under control. >> kids are socially distanced. you have these boxes here. so there is some distance but they can still interact with santa, right? >> you can see santa is in his sleigh and stays there throughout the experience. we have the stanchions for social distancing and the gift boxes is where the guests will sit. >> it's important to you to be able to -- i love the mask, which i can see your smile. important for you to be able to interact with the kids, yeah? >> absolutely. you know, especially this year. we have to give some type of normalcy to the children, you

know, and it is still my job to make sure that i can spread some love and hope and joy. so this is important. >> wonderful. santa, thank you so much. appreciate that. it goes on. if you come back, sandra, you can't sit on his lap but you can come close and talk to him. >> sandra: he is keeping the spirit alive. thank you for that. tell santa thank you. we love the magic of christmas. thanks, jeff. a fox news alert. one of the democratic lawmakers linked to an accused chinese spy responding a few moments ago. congressman swalwell says his office has no way to check the backgrounds of the people they hire. welcome back to "america's newsroom" as we begin a new hour. i'm sandra smith. >> trace: i'm trace gallagher. earlier swalwell played down reporting that a chinese spy named fang fang tore geted him

and other democrats and sometimes exchanged sex for u.s. secrets. congressman swalwell a short time ago. >> in our congressional office efs we don't have the technical capabilities to run background checks on people around us. my district has a third of people of asian descent. we need to invest more in intelligence resources so we don't have people who can successfully do this. >> trace: the reporting accused chinese spy comes at the same time we have obtained explosive video censored by china and an experts on their government painting the big picture. tucker aired it for the first time last night. there are subtitles translating the chinese.

>> sandra: in that he says in short claiming chinese spies have infiltrated our nation's top positions of power and influence and are right now working to undermine the u.s. from the inside. fox team coverage with peter doocy live from wilmington, delaware. first to griff jenkins in washington >> yeah, spy, cloak and dagger story right before christmas. what everyone wanted. this one is very interesting because it's reopening some wounds from the russia probe. congressman swalwell is really laying the suspected blame at the white house for the leaks that led to the story. and the white house is indeed responding in a full throated rebuttal. kayleigh mcenany just moments ago putting this out saying for four years president trump was accused of being a russian operative. it is breathtakingly remarkable that the entity under control of a foreign policy was the democrats including eric

swalwell. democrats were accusing the right of something they were doing all along. it was never russia and the republicans. it was the democrats and china. well, because of course swalwell has been a frequent critic of president trump and sat on both committees to impeach them why swalwell deflects to the white house but axios report fang fang suspected by u.s. intelligence officials of being an operative for china's ministry of state security sought to gather political intelligence and influence china pal sees from up and coming politicians from 2011 to 2015. the most significant target is swalwell. she met him when he was on the city council and helped fundraising efforts for his 2014 reelection campaign and kevin mccarthy has questions for speaker pelosi. >> this is only the tip of the iceberg. remember what they're hearing.

these are chinese spies that go down to the level of a mayor. this congressman now gets on the intel committee. they are only selected from the intel committee by the leaders of their party meaning nancy pelosi. nancy pelosi is one of the gang of eight along with myself. did nancy pelosi know what transpired before he was put on the committee? >> trace: we could hear from nancy pelosi this afternoon. she joins congressional leadership in a virtual ceremony honoring chinese american vets of world war ii. with congress on a short few days left of any business we'll do we'll see where this goes. >> sandra: we will indeed. thank you. trace. >> trace: joe biden continues to fill out his cabinet and is now considering former south bend mayor and presidential candidate pete buttigieg as ambassador to china. according to a report from axios. peter doocy live in wilmington with more on this. good morning.

>> good morning. by next year, trace, biden's man in beijing may be pete buttigieg according to the report in axios that the former south bend, indiana mayor is up for the job of u.s. ambassador to china. that's a position that needs to be senate confirmed and will be responsible for helping to carry out a major change in the way the u.s. treats china that biden outlined last week. >> i spoke about it and i met with xi more times than anybody had until the time we left office that i'm aware of. to make it real clear to china there are international rules if you want to play by we'll play with you. if you don't, we're not going to play number one. number two, it is not about punishing them for the covid virus. >> buttigieg did biden a major favor before super tuesday dropping out of the democratic primary race to help biden stop

the surging bernie sanders when sanders had two wins and biden only had one. that gamble paid off for biden. because buttigieg was a candidate for so long and hosted so many events in early states every day we have a good idea about what he thinks a democratic president should do concerning china. >> i'm not a fan of this president's strategy on china. not a strategy but this president's pattern on china poking them in the eye. what happens is they poke back and we tariffs that hurt our communities. >> right after buttigieg beat biden in the iowa caucuses biden told reporters this guy is no barack obama and if this nomination winds up being made biden will be treating buttigieg like a different former president george h.w. bush who was an ambassador to china. >> sandra:

for more on this story with swalwell and the chinese spy. gail trotter, welcome, thank you for being here. what do you make of the story as we continue to learn more? >> great to be with you, sandra. i think the story is so important. eric swalwell has no credibility on this issue whatsoever. remember that he was one of the most outspoken public officials on the completely baseless russian collusion narrative that was going forward since trump took office in 2017. and if you go back in time, this report shows that federal investigators were so concerned about eric being targeted that they gave him a defensive briefing in 2015. and the story is based on four current and former federal investigators and axios was working on this story for over a year. we're seeing the response from

eric today and it just shows a complete ability to deflect, it's projection of what was happening with him onto the president from the election in 2017 until now and it is blame shifting onto the president and this administration where the blame should lie with him. >> sandra: okay. so based on that, the response from the white house is this. this is kayleigh mcenany a short time ago issuing a statement to fox news saying for four years the president was accused of being a russian operative. it is remarkable that the entity that was under control of a foreign power was the democrats including eric swalwell. democrats were accusing the right of something they were doing all along. it wasn't russia and the republicans but dan hoffman and china. dan hoffman said be careful of such act sayss as that. based on what we know this morning congressman jason chaffetz joined us and said these are the questions he has. listen. >> i want to know exactly what

speaker pelosi knew. she and she alone is the person that appoints people to that select committee. why do they have to have him in that committee when they know he has potentially been compromised? >> sandra: lindsey graham speaking out. several things to keep in mind. it shows the depth of the effort by the chinese to infiltrate america's political system. he goes beyond that and points out the difference in how the president was treated with something like this compared to democratic congressman eric swalwell. >> that's right. i think what kayleigh mcenany said is so on point. the fact that this was targeted at him and from the very point you mentioned the quote earlier that this operation was going down even to the mayoral level. it is interesting that that was

the subject of the collusion narrative about russia. it led to all of the effort to undermine trump's 2016 presidential victory, continued to go through all of the mueller investigation, $25 million, all the lawyers thrown at that that showed there was no obstruct shn and no collusion. it continued through the impeachment and yet now the onion is being pulled back. are we going to see the democrats take this as seriously for their party and are we going to see the mainstream media take it as seriously as they took the russia collusion narrative that was completely baseless? >> sandra: regardless, josh hawley says we need to get to the bottom of this. >> we have to get to the bottom of this but to have the chinese government now helping elect members of congress, this is like something out of a movie. again, i go back to the fact the d.c. establishment, they don't want to hear it.

>> sandra: i have to leave it there but i'll finish off. go ahead, last thought. >> think about all the grief that the mainstream media and democrats gave don trump jr. about taking a meeting and compare that with the allegations in this case and it is a breathtaking double standard. >> sandra: we'll see where this all goes next, gail. thank you for joining us this morning. >> great to be with you. >> trace: a shark attacking not only a surfer but something else and what it left behind gives a clue about how ferocious it was. kids in one school district cold they can't read five american classics. critics of that ban now taking action. what they are doing to make sure kids have access to the books and a legal victory for businesses under siege in california with a judge now ruling the outdoor dining ban was an abuse of power by the government. so will other states respond by relaxing their covid restrictions? martha maccallum live with us

next. >> staying open, patios open, why? because we're not a communist country. people can make choices for themselves. my fellow veterans, because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is your eligibility for a va loan which lets you buy a home with no down payment. now there's no reason to rent when you can own. helping veterans buy homes. that's newday usa.

>> sandra: a big win for california restaurants struggling under the weight of covid restrictions. a judge in l.a. now out with a stinging rebuke of lockdown orders ruling the order to extend a ban on outdoor dining an overreach by government. william la jeunesse live in los angeles. what's the reaction out there from all these restaurant owners? >> well, they feel vindicated but they remain closed all but outdoor dining. two conflicting points of view. the restaurants want to stay open, pay the bills, keep people employed. the state wants to keep people home. they want to stop the spread and save the hospitals. both are legit. officials say right now states, california and others are paying the price for that thanksgiving travel surge. 48 million americans hitting the road sharing the holiday and the result right now about 10% of those who are tested are coming back positive. of those, about 12% are going to the hospital.

icu bed capacity in three counties is zero and getting worse. prompting an $80 million public education campaign. the ads and billboards say stay six feet apart. partially privately funded. also yesterday the state sent out the largest wireless alert in history saying stay home except for essential activity. the restaurants did win that major battle in court when a judge ruled l.a. had no evidence to support its ban on outdoor dining. >> nobody is down playing the severity of the pandemic but we need actual data to back up the decisions that we're making that are literally destroying small businesses. >> retail is also suffering. limited to 20% of capacity. many are out of business or struggling to stay alive and it's because, sandra, some will make half a year's income between thanksgiving and christmas. now you might say because the

state supersedes the county ruling they have to stay shut. it has no impact. in fact, fresno tried to fine people for gathering yesterday. sacramento tried to fine businesses for staying open. both backed off because if the state goes too far there will be a backlash and people will fight. back to you. >> sandra: tough times for so many. william la jeunesse, thank you. >> trace: for more on this let's bring in martha maccallum, anchor of "the story". great to see you. california restaurant owners have been told by governor newsom he is following the science. he says it a dozen times in every news conference. he was asked specifically about not having science and shutting down outdoor restaurants and he refused to answer the question. here is what he said, watch. >> i am a small business owner. i started right out of college put pen to paper, opened a small business with one

part-time employee. it was the cause of my life. i deeply recognize people's pain and suffering. >> trace: would not answer the question and some people are saying that's the hypocritical thing. not him dining at the french laundry, it's that that political. >> sandra: i think the french laundry lit the match that has made his credibility a lot lower with a lot of the people in california. you hear the pain in the voices of these business owners. they are looking for rationale. this judge said that he believed that this was an arbitrary decision. i think that's what has people so upset across the country. they feel like based on what we've learned about the virus these decisions are arbitrary. we have heard from dr. fauci and the rest that schools should be open. california schools have not been open. we've also heard you can safely do things like go to church and dine as long as you have social distancing in place. all those other measures. the judge actually said he wanted the county attorneys to

go back and look at this because he didn't want it on his bench essentially if there was a reason to continue these shutdowns. he wants more data. i think that's what people need. you can't just make arbitrary decisions that have such an impact on people's lives without showing them this is what makes sense and this doesn't make sense. >> trace: here is the other thing. the california health secretary acknowledging there is no science. he says this. watch. >> the decision to include, among other sectors, outdoor dining and limiting that, turning to restaurants to deliver and provide take-out options instead, really has to do with the goal of trying to keep people at home. not a comment on the relative safety of outdoor dining. >> trace: so it's safe but you know what we're trying to attack and ruin this one industry so we can keep people home. it is bizarre. >> that's the overriding

message. looking for ways to lock down the state completely in order to alleviate the pressure that's on their hospitals which everyone understands. i'm wondering where the comfort and mercy are and where some of these other backup plans that we saw in place early on in this process which were never utilized. the new york governor should have utilized them. there are other options. we have to continue to go back to who is most deeply affected by this virus and those individuals who have conditions that put them in a risk category should stay home and adhere to the principles. other people should be able to make decisions on their own. business owners should be able to make decisions on their own and that's what we're hearing from a lot of loud voices speaking out in california now, trace. >> trace: before we start shutting things down shouldn't we find out if it is not the outdoor restaurants open four months ago and infection rate was not. where is the infection coming from? maybe we should shut other

things down or go toward other avenues. >> we have seen a lot of spread in close quarter family situations and i think that obviously that's the hardest thing for all of us to hear as we head into the holidays. we've seen the spread in those environments. families let their guard down and one person walks in the door who maybe was somewhere where they picked it up and it seems to be a focus that does make sense based on what we've learned. >> trace: unbelievable. i want to quickly play this sound bite from governor whitmer in michigan. we don't have it. let me read it to you. it says there is overwhelming research and scientific data that says going to locations that offer on-site eating and drinking options is linked with covid-19. the admiral giroir doesn't vit. we don't know where they're

getting the information and citing it left and right. >> good if they laid out their sources. that would be helpful if you are in a leadership position as a governor. admiral giroir said clearly they don't have any evidence that outdoor dining is a conduit for transmission of this disease as we've learned about schools as well and we have so many schools still locked down across the country and we have seen the really detrimental effects on children throughout the course of this pandemic. we have to be smarter how we manage all of this. >> trace: the story is must-see tv at 7:00 in the evening in the east and 4:00 in the west. thank you, martha. >> sandra: okay. the roll-out for a vaccine in america could just be days away. british officials are sounding the alarm on a dangerous problem that popped up during the first day of vaccinations. dr. marc siegel will be here on that next. plus the feds joining dozens of

state to sue facebook accusing the social media giant of having too much control over what we see online. the new battle against big tech next. ♪ what if i sleep hot? ...or cold?

introducing the new sleep number 360 smart bed... now temperature balancing, so you can sleep better together. and now, save up to $700 on new sleep number 360 smart beds. plus, 0% interest for 48 months on all smart beds. only for a limited time. we use 11. eleven. why do an expense report from your phone when you can do it from a machine that jams?

i just emailed my wife's social security number to the entire company instead of hr, so... please come back. how hard is your business software working for you? with paycom, employees enter and manage their own hr data in one easy-to-use software. visit paycom.com for a free demo. hon? first off, we love each other...

>> sandra: headlines at the bottom of the hour.

a judge in los angeles siding with restaurants in a challenge to ban indoor and outdoor dining because of the pandemic. the strongly worded ruling found no evidence or science or logic behind the ban. >> trace: mystery illness sending people to the hospital by the hundreds in india. sampless show patients had trace amounts of nichol and lead in their blood. they have no idea how it wouldn't up in their body. >> sandra: a shark attacking a surfer in hawaii forcing a major surfing competition to suspend events. the victim's surf board showing the shark's size and strength after it big a big piece out of the side. local media reports the victim is a man in his 50s who went to the hospital for surgery. facebook bracing for a series of new antitrust lawsuits from fcc and dozens of states taking direct aim at instagram and

whatsapp. the challenges could come as early as today. gillian turner is live from washington how serious are the upcoming legal challenges? >> pretty serious. facebook may be facing the moment of reckoning building for months. we're expecting this lawsuit to drop sometime today. this according to the latest from our sources here at the department of justice and in other places. sandra, this is really the most hotly anticipated lawsuit in the tech space for the entire year. sources are telling us it could ultimately lead to the courts forcing facebook to break up. the suit is slated to be filed imminently. new york state is leading the way and joined by 39 other states. there are charges that facebook has become too big, too powerful and a major violator of antitrust laws. it is an issue that has president trump's direct attention these days. he wants congress to repeal section 230. take a listen. >> president trump: it's the

one chance we have to bring big tech, who are vicious and violent and untruthful, to bring big tech -- it's the only thing they fear is that we'll end section 230. so hopefully we will do it. it happens to be a politically very popular thing to do >> the specific charges revolve around their purchase of rival social media apps like instagram and whatsapp. claiming that facebook undertook the purchases in order to maintain a monopoly and something mark zuckerberg disputes. listen to him two weeks ago. >> i don't they we or anyone else viewed instagram as a competitor, large multi-purpose social platform. in fact, people at the time mocked our acquisition because they thought that we dramatically spent more money than we should have. >> this is not the only antitrust challenge that is headed facebook's way. the federal trade commission is

voting later today whether to move forward with their own lawsuit against facebook that has been in the works for months as well. so sandra, it really does seem like this reckoning is coming through facebook. not coming through congress like we all thought it would. it is coming through the courts. >> sandra: okay. thank you, gillian turner. >> trace: preparations for distributing a covid-19 vaccine throughout the country are underway. some of president trump's critics are questioning the ability of the administration to handle the roll-out. so will democrats like new york governor andrew cuomo and vice president elect kamala harris change their tune once joe biden is inaugurated? david spunt live in washington good morning. >> good morning. no question 2020 was the year where science and politics became one. that's unfortunate if you ask many people. but it is the reality. you mentioned cuomo, the governor of new york and vice president elect kamala harris

who criticized the vaccine just several months ago under president trump's watch. they have since come around. tomorrow is a very crucial date in this vaccine process in the united states. it is when the food and drug administration will come together and vote to possibly give an emergency use authorization to the pfizer biontech vaccine. it is being injected in the arms of people in the u.k. right now. it has a 95% efficacy rate and the fda is expected to approve it. the vaccine never made it before election day as some thought here in the united states but dr. anthony fauci who began his career at the nih in 1968 says vaccine development safety under president trump was not compromised. listen. >> this is a safe and efficacious vaccine. if we did any less we would add to the already-existing hesitancy on the part of many people to take the vaccine

because they are concerned about safety. >> safety isn't the only concern for some americans. a catholic bishop in fresno urging his people the to think twice about rolling up their sleeves. he singled out pfizer worried the company uses aborted human tissue. we reached out to pfizer about this. in a statement pfizer denies the claim telling fox news our vaccine does not contain any human materials including tissue from children. this is a synthetically-designed vaccine and doesn't contain any animal or human material. that statement coming from pfizer. in a way to try to pump up some confidence about this vaccine, presidents jimmy carter, bill clinton, barack obama and george w. bush and donald trump and barack obama have also come out and said they will take the vaccine. roll up their sleeves to try to instill the confidence in people as politics and science has come together so much this year. trace. >> trace: david spunt live in

d.c. thank you. >> sandra: a man charged with demolishing a christopher columbus statue and causing upwards of $150,000 in damages has learned his fate. why his sentencing is raising a lot of eyebrows. plus schools getting rid of some of the biggest names in american literature. some students will still be able to get their hands on the censored books free of charge. we'll explain what exactly is happening on that next. interest rates have dropped to record lows. one call can save you $3,000 a year. newday's va streamline refi lets you refinance without having to verify your income, without getting your home appraised, and without spending one dollar out of pocket to get it done. it is the quickest and easiest refi they've ever offered.

♪ oh, oh, (announcer)®! ♪ once-weekly ozempic® is helping pñfsråpb many people with type 2 diabetes like emily lower their blood sugar. a majority of adults who took ozempic® reached an a1c under 7 and maintained it. here's your a1c. oh! my a1c is under 7! (announcer) and you may lose weight. adults who took ozempic® lost on average up to 12 pounds. i lost almost 12 pounds! oh! (announcer) for those also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. it lowers the risk. oh! and i only have to take it once a week. oh! ♪ oh, oh, oh, ozempic®! ♪ (announcer) ozempic® is not for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may include pancreatitis.

tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. 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®. >> sandra: joe biden preparing to roll out the covid-19 vaccine when he takes office. yesterday promising to distribute 100 million doses to all americans during his first 100 days in office. all the while president trump promised to do essentially the same for americans at his vaccine summit yesterday. fox news medical contributor dr. marc siegel joins us now. it was remarkable yesterday the sort of split screen that was happening while the president

was holding that vaccine summit explaining just how this roll-out will happen joe biden was on other networks unveiling the members of his new team. politics plays a big part in what happens with the medicine side of this pandemic. what essentially will happen? will all americans be able to get this vaccine? >> the answer to that is yes, sandra. you nailed the issue. it is politics. the reality is that both are true. in other words, you will see probably 20 million doses of the vaccines or even 40 million doses, 20 million people getting vaccinated by the time this president leaves office because of what you saw yesterday. the great plans that are in place with fedex and ups involved and with the united states military overseeing everything. and with cdc and they explained themselves yesterday. all of that is happening. joe biden takes office and yes,

i think he probably will be able to get 100 million people vaccinated in the first 100 days of his term. that's ambitious but i see both happening. what biden will do is build on what's already there. he doesn't want to say that. so it will be a combination. he is basically committing to a program that is already in place. what he may do differently is he may look to vaccinate groups that are being overlooked right now or groups that we can't reach right now. right now the priorities are clearly to get nursing homes vaccinated because of 40% of the covid deaths occurring in nursing homes and healthcare workers. >> sandra: i also want to ask you about these problems that have popped up in the first day. we saw the u.k. vaccinate the first woman to receive it, 90 years old yesterday. but other people getting the first doses of the vaccine. here is the daily mail headline this morning. warning over u.k. vaccine roll-out at two nhs staff

members suffer anaphylactic reactions. regulators are urging people with significant allergies not to have the injection just 24 hours after britain's mass inoculation kicked off. if someone has allergies, are they supposed to not get the vaccine for now? >> no, sandra. i'm so glad you are bringing this up. vaccine hesitancy is a big problem in the united states and the world. let's keep in mind the pfizer vaccine has been tested on over 20,000 people in the u.s. and over 50,000 people around the world. and what that message is basically this, it is not just allergies, if you have a history of what is called an anaphylactic reaction where you get a big rash, start to swell up, blood pressure goes down. it's a big, big reaction, not something where you get an itch or scratch or sniffles. people out there need to know this is being done out of an

abundance of caution, not because there is a great concern that this vaccine causes huge allergies or is a big risk for people with allergies. very safe vaccine but we need to give it to millions of people now. >> sandra: so important to keep the facts flowing to the american people over this vaccine so more people get it. dr. siegel, thank you. >> thank you, sandra. >> trace: a slap on a wrist for a minnesota man who caused more than $150,000 in damage when he and other protestors tipped over a christopher columbus statue in june. he is avoiding fines and jail because of the restorative justice program. it would be more beneficial if he does 100 hours of community service. we've heard a lot about the accusations of big tech censoring ideas. now there is more of an old-fashioned assault on free speech. the burbank school system removing temporarily five icons

of american literature from required reading lists. mark twain's, the adventures of huckleberry finn and of mice and men. some are fighting back. spencer brown is from the young america foundation. the lie prayer coordinator says the books aren't being banned. quoting these books are on pause. while we listen and learn from the black indigenous people of color parents and students who experienced these books for over 30 years and have come to our district sharing their experiences and their concern. the books aren't being banned. they are on pause. seems like a lot of our monuments are on pause these days as well. >> that's exactly right. the burbank unified school district can call it a pause. first this has limited the freedom of teachers to use classics in their instructions but they've robbed their

students in that district of the opportunity to read these books and wrestle with the important ideas in them and learn as they develop in their educational career. we need to look appeared say are we okay with taxpayer funded schools deciding all students should no longer have the freedom to learn that from these books. we've stepped forward to provide free of charge all the banned books to the students of burbank to make sure they can learn from these important books. >> trace: one parent of a burbank high school student said because of the themes in some of these books that her daughter was subjected to racial slurs. quoting here my daughter was traumatized. these books are problematic. you feel helpless because you can't protect your child from the hurt that she is going through. what would you say to this mother, spencer? >> i would say in this case as well as all the students in burbank or across the country.

it's why so important we learn our history and understand where things went wrong and how we were able to overcome them. these book offer great lessons about darker days in our country's history and how far our country has come to continue the work to make sure it's a more perfect union. if we don't teach the lessons like tearing down statues of christopher columbus. if we don't have lessons from the past, how will we move forward in order to make it a more just country? >> we'll find out how this debate shakes out. thank you for joining us. we appreciate it. >> absolutely. >> sandra: meanwhile backlash over new coronavirus restrictions in california. one small business owner says this coming lockdown might force him right out of business. if your dry eye symptoms keep coming back,

inflammation in your eye might be to blame. looks like a great day for achy, burning eyes

over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? talk to an eye doctor about twice-daily xiidra. i prefer you didn't! xiidra. not today, dry eye.

>> sandra: outrage growing over california small business owners and the strict shutdown measures. our next guest owns a karate studio. he is the founder of a karate academy and chief instructor there. you've been running this business for decades. are you going to be able to survive this pandemic? >> yes, i am. since i came to this country i'm first generation immigrant. i came to this country 30 years ago and start my business here. best country in the world. but what is confusing to me this business is getting decimated and disappearing from in front of my eyes and i can't do anything about it. and frankly, our politicians

say they are following some sort of science since the beginning of covid we learn a lot. and i don't understand why the big stores and corporations can be open and all the small businesses have to shut down. and we know now all the states that didn't shut down. they are doing as good, even better. so shutdown doesn't work. >> sandra: and small business is the engine of the economy not just there in california, but for the entire country. and alex, we're looking at pictures inside your studio and see the instructors have masks on and students are social distanced. you need space when you are doing karate. you have to kick and swing your arms around. you feel like you can keep -- remain open safely, right? >> absolutely. you know, i have a large facility and we can have all

the mandated things, requirements by cdc and we follow all of it. in fact, we can have 10 square feet distance between every student. no contact. i'm speaking on behalf of all the martial art schools with states with shutdowns. our businesses are essential. we provide services to the children. before covid, all the parents wanted to get the kids off the tv and playing with their videos games and give them some activity. and we know studies show sports like karate help self-esteem and confidence and do better at school. what are we doing? i don't think we're servicing our kids. after all this covid is over we have to deal with all the damages we have done to our children. >> sandra: all really good

points, alex. it is brutal for so many right now. and as far as the pandemic we're still in a tough spot but these kids, to your point, need to stay active. we see a lot of them sitting behind a tv or playing video games, to your point. alex, our best to you. we hope you can survive this. you are tough. >> thank you for having me. thank you. yes, ma'am. thank you so very much. merry christmas. >> sandra: okay. our best to you. thank you, merry christmas tou, alex. >> trace: the u.s. preparing to pull troops out of afghanistan. refugees are begging them to stay. why they say their lives will get even worse if our forces leave. er your mortgage payments by $250 a month $3,000 a year, what would you do with the money? save for your retirement, update your home, maybe buy a new car? record low rates have dropped even lower.

use your va streamline refi benefit now. one call to newday is all it takes to save $3,000 every year. yp.4r ]+!jt@á)cú@k - [anthat 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.

>> as the pentagon prepares to withdraw u.s. troops from afghanistan. fox news is in the troubled region talking to refugees on the run from the bloodthirsty caliban. thousands say they are starving and that it's getting worse in that the united states is their only hope to survive varied benjamin hall is live for us in kabul, afghanistan. benjamin? >> the american withdraw has started. it's more of a trickle than in exodus right now, but the u.s. military say that that deadline of middle of january to hit 250 troops is going to be met coupl of days ago the chairman of the joint chiefs as he thought in the future the u.s. would have

two major bases here and a few satellite bases that would allo the u.s. to continue its counterterrorism mission. the caliban are picking up the scale and the scene of their attacks. in causing great concern for th piece. they have been out a number of times, thousands of people have had to flee their homes commit to try to escape the violence. we met some of them earlier. have a look. to get this man says that children are dying here bear they've got no food, they've go no heating. but that is still better than the war and the fighting they fled. that fighting is worse now than it has been in a long time for it he's asked the americans to stay in afghanistan until they can bring peace. to get the afghan war has cause almost a trillion dollars and s much blood has been spilled here , it's hard to see what exactly has been gained after all these 20 years. >> benjamin hall live for us an what is late evening in kabul, afghanistan. benjamin, thank you.

>> excellent continued reportin by our own benjamin hall there in afghanistan. another day down and two more t go this week. great to be with you. >> youtube. it's fascinating that you had injections, vaccines and a few days. outnumbered right now. >> outnumbered starts right now. kb. >> we begin with a fox news alert. new reaction from the white house after a bombshell report we now know the fbi stepped in and in 2015 after a suspected chinese by got a bit too close to democratic congressman eric caldwell. a woman also targeted other up-and-coming liberal politicians suspected spy reportedly used campaign fundraising commit networking, and romantic relationships to court these lawmakers, and gain access to power. congressman caldwell, a key figure in the trump russia