front to hear a story or get a photo. >> the idea is on safety. i leave you with asking santa a question. >> dana: jeff, we're out of time. thanks for joining us. bill hemmer, we have to provide magic to kids somehow. >> bill: thanks, dana. see you at 5:00. i'm bill hemmer. the season is beautiful. communist china's influence on america's stage taking center stage. axios reports a suspected chinese agent spent years working to infiltrate the u.s. government. christine fang made connections in the hopes that they would make to it the main stage. some of them did. one of the targets, eric swalwell, member of the house intel committee.

the congressman suggested his info may have been leaked in response to his criticism of president trump. we're learning about president-elect biden's ambassador to china. and china analyst gordon chang coming up. mike emanuel is in washington d.c. with more. good afternoon. >> a leading critic of president trump is now under fire for his ties at one point with an alleged chinese spy. axios reported eric swalwell was part of a group of northern california democrats targeted by a chinese national named christina fong. her first contact was swalwell when he was a city councilmember in dublin, california. swalwell says federal authorities alerted him about her. >> i was shocked. i was told about this individual.

and then i offered to help. i did help. i was thanked by the fbi for my help. that person is no longer in the country. >> south carolina republican senator lindsey graham noted a double standard say democrats get defensive briefings when there's concerns about foreign influence. when it came to president trump, they used a counter intelligence investigation to spy on his campaign. swalwell suggested this is political payback for his role in impeachment. >> now to do that against a critic of the president, they may think they're going to silence me. they're not. what they are going to do is they're going to make others think twice when they're asked to sit down and provide defensive information about people like this. >> a leading house republican expressed this concern a short time ago. >> this is part of a much larger pattern where we know that the chinese government is on the attack against the us of

america. so far it seems only one party in congress is willing to stand up for the united states, willing to fight back. >> house speaker nancy pelosi spokesman told fox today "the speaker has full confidence in congressman swalwell's service in the congress and on the intelligence committee but it's not just him. it's believe she cultivated relationships with other lawmakers and midwestern mayors." thanks, mike. a report today that joe biden may tap fourther south bend indiana mayer pete buttigieg to be an ambassador to china. that country named the number 1 national security threat. peter doocy has the reporting wilmington, delaware on this. >> good afternoon. that comes from an axios reporting that pete buttigieg

will with asked to move to beijing. lloyd austin stood on stage in wilmington and he tried to make a very important distinction. >> when i concluded my military service four years ago, i hung up my uniform for the last time and went from being general lloyd austin to lloyd austin. >> and that a very important difference. there's a rule. the pentagon is supposed to be run by a civilian. austin has not been a civilian for the required seven years, so he needs congress to give him a waiver like they did for jim mattis four years ago. there's some democrats now saying that is not going to fly. >> i will support general austin but i won't support the waiver. >> without the waiver, how would he be able to serve? >> well, he would not be able to. i suspect that the waiver will

pass. >> biden's announcement he intends to nominate mr. austin to be the first black secretary. fits with his pledge to be the most diverse in u.s. history. he appealed to members of congress to give austin the waiver that he needs and he tried to put lawmaker whose were concerned about the rules at ease. >> there's no doubt in my mind, not my doubt whatsoever whether this nominee will honor, respect and on a day-to-day basis breathe life to the preeminent principal of civilian leadership over military matters. >> there was no formal question and answer with the president-elect today. while he walked off stage, i asked him if he was worried congress won't give him a waiver. he did not answer. something missing from today's event as well, bill, any direct mention of china. back to you. >> bill: thanks. want to bring in martha

maccallum, ache -- anchor of "the story." >> good afternoon, bill. >> bill: which is this story about eric swalwell teaching yous. >> teaching him a few things of what it feels like to have certain elements of a foreign government dangled in front of you and this is exactly what we saw in the russia collusion situation where eric swalwell was way out in front calling the president a russian agent. in this case, eric swalwell got the benefit of a briefing which the president's people did not when certain elements looked out to him to discuss things. it's a very uncomfortable situation for him to be in. he should speak out more about what happened to him. give everybody -- let's shed some light on it. we went through three years of suggestion there was an intimate relationship between the russian government and the trump

campaign that fell flat on its face. this looks more substantial than what we've seen. >> bill: so apparently he cut the relationship five years ago after he was told about it. congressional leadership was well aware of the relationship and house on the house intelligence committee. square that. >> why didn't we hear moore about that? what does nancy pelosi know about he's spies? we know in dianne feinstein's office that they had somebody they were worried about. we had so much light on this fear that russia is trying to infiltrate the united states. we always have to be on our toes about anything along these lines. we can't be putting our head in the sand when it comes to china and can't be sweeping under the rug uncomfortable circumstances that may exist between members of congress and the spies. >> bill: topic of beijing, pete buttigieg could be the ambassador to china. what do you think of that? >> the biggest ambassadorial

relationship that we have with china. the former mayor of south bend, indiana, is 38 years old. >> bill: will be. >> will be 38. what comes to my mind is george h.w. bush that served in that role. ambassador to china. >> when he was given that role, he had been shut down over the pacific in world war ii and received a medal for it. he had served as ambassador to the united nations, served in congress and go on to serve as director of the cia. usually this goes to somebody seasoned. george h.w. bush was 50 years old when he was given this post to handle that very important relationship with china. so we'll see if this turns out to be the pick. raises question >> bill: the last four years we've seen mike pompeo and donald trump standing up to beijing. you wonder the comparison, the contrast between those gentleman the past four years and what mayor buttigieg would bring. >> absolutely. do we want china to be facing someone that they, you know, have a healthy fear or a healthy

intimidation of in terms of being -- holding their feet to the fire? look at the situations with the concentration camps in china and the issues that we need to hold their feet to the fire with regard to economy and military build-up. is he the man to do it? >> bill: it will be a fascinating relationship. we shall hear. lloyd austin was introduced to america an hour ago. it's reported that he called isis the jv. a spokesman for him denies that. what do you think? does he meet the waiver requirement to be the next defense secretary? >> raises questions. we heard tammy duckworth said she would not vote for the waiver, which would mean she would be voting no against general austin. that was the same situation with general mattis. he required that waiver as well having left the military inside the window that is allowable. whether or not he said what he is rumored to have said, which led president obama to call them the jv team, writing out isis as

not something that you need to worry about is something that he will be questioned about. >> bill: to be clear, he said they're a flash in the pan. that's what we recorded. president obama -- >> translated that to the jv team. >> bill: that's what's been recorded. we'll see what comes out. see you at 7:00. four hours away. in a moment, hear what is next for team trump. the u.s. supreme court dealing republicans a setback in pennsylvania, but texas is now taking their own case to the justices. ken starr explains what has happened in the last 24 hours on that. the chinese professor saying beijing has infiltrated people at the top of america's circle. gordon chang has written books on china. we'll talk to him about that. the holiday rush to holiday crush. restaurants are closing under the weight of covid restrictions. thousands upon thousands of them. i'll talk to tom colicchio about

what is needed for them and you right now. are you ok? it's just a cold. if you have high blood pressure, a cold is not just a cold. most cold medicines may raise blood pressure. choose coricidin hbp. the brand with a heart. for powerful cold relief without raising your blood pressure. veterhave now fallen evengage 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.

♪ ♪ [ engines revving ] ♪ it's amazing to see them in the wild like th-- shhh. [ engine revs ] for those who were born to ride, there's progressive. >> bill: breaking news on facebook. facebook is so big and powerful that they need to be broken up a lawsuit says. huge global and popular apps,

they say facebook has bought out the competition, left social media users with few alternatives. the company's ceo mark zuckerberg said the apps were not competing with facebook at the time of purchase. >> other states where state law was not followed as required by the constitution affects my voters. these are national elections. so if they're fraudulent activities or things that affect an election and not followed by the constitution, it affects our state. >> and ken paxton suing for president trump. 17 states have filed briefs in support of that bid. i want to bring in former independence counsel ken starr. let's be beginning with texas. they're going after georgia, michigan, pennsylvania and wisconsin. a lot of electoral votes there.

the k.c. is making the state legislators make the law on elections and no one else. explain to us whether or not it has merit. >> yes, it has a lot of merit in my view. i've been troubled ever since even before the election that there's been these gross violations of the constitution by state officials taking actions that are reserved under the constitution of the united states to the legislatures. you just can't do that. so i understand why trending today is god bless texas. because at least the issue is being put up cleanly before the supreme court of the united states. frankly it's about time that some states stepped up allowing this process to unfold as we've seen the last several weeks and now just put the issue pure and simple, can you have these violations of state law that may

have contributed to -- may not, that's a point, may have contributed to the results that we've seen and therefore there is a real problem in terms of harm to texas that voted strongly for president trump. it's a very bold move by attorney general paxton. >> bill: okay. so here's the a.g. from missouri. they were the first to jump on board. i mentioned 17 states joined. >> what a.g. paxton is saying this happened on a county to county basis. but what you just described is on a state-to-state. in other words, the state capitols allowed this to go forward. where is the violation? that a sitting justice of a u.s. supreme court would say you can't do it that way.

>> the violation is let's just say the secretary of state authorizes county in georgia, pennsylvania to change signature requirements. it's a basic safeguard. it's a traditional safeguard. you have to show your i.d., right? when you want to check into a hotel or get on an airplane. there has to be some sort of verification. other words, there's a potential for fraud. what general paxton is saying that is an example of the sort of violation, namely that state officials authorized a departure from state law that was designed to protect the integrity of the voting process. that has now adversely affected the voters of texas who voted -- >> bill: you believe this has merits. there's precedent for this. it's bush v. gore, is it not? it's 20 years ago where you had 67 counties in florida.

there was not one universal voter intent from county to county. a lot of counties have different rules. the supreme court said because you're not universal, we can't make a distinguishing mark here. >> that's right. you cannot do that. you cannot have varying rules from voter to voter. that is true within the state. what the texas attorney general ken paxton has said is those violations of that rule that you just identified have adversely affected us here in texas. we don't have confidence in the electoral integrity in pennsylvania, georgia, the other states and we should be heard to make that case. >> bill: do you think the court takes this up? >> well, we'll -- i'm not going to make a judgment until i've seen what the other states say. the supreme court didn't dismiss this but called for the defendant states to file by tomorrow afternoon. let's talk again after we have seen what they have to say.

>> bill: okay. thursday afternoon will be interesting. you have a text message. ken star, thank you. we'll see which way this goes. >> thank you. >> bill: the minneapolis city council set to vote on a budget. how much the council could cut from the police department. plus there is this. >> bill: that is a video from independent restaurant coalition fighting for relief from the covid restrictions. tom is here and will tell us about the push for action that is not forthcoming as of now. >> tech: every customer has their own safelite story.

this couple was on a camping trip... ...when their windshield got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service you can trust. >> singers: ♪ safelite repair, safelite replace. ♪ ♪ oh, oh, (announcer)®! ♪ once-weekly ozempic® is helping 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®. ...i was just fighting an uphill battle in my career. so when i heard about the applied digital skills courses, i'm thinking i can become more marketable. you don't need to be a computer expert to be great at this. these are skills lots of people can learn. i feel hopeful about the future now. ♪

>> as the facts change, your strategy should change. if after five days we haven't seen a stablization in a region's hospital rate, we're going to clamp down on indoor dining. five days, if the hospitalization rate doesn't stabilize in new york city, we're going to close indoor dining. >> bill: that will crush a lot of people if it happens. andrew cuomo warning that indoor dining could be suspended again. restaurant owners have been fighting to stay afloat. tom colicchio is one of them, celebrity chef, restaurant owners. tom, how are you doing? good afternoon to you today. >> thanks, bill. >> bill: are you going to get the help you need? >> listen, we don't know yet. we have been fighting hard, the independent restaurant coalition has been fighting hard to get the restaurant act introduced

and got introduced into congress. we have 203 co-sponsors in the house. it was written in the senate by roger wicker, a republican from mississippi. we have 51 co-sponsor theres the senate. we have bipartisan support. john cornyn signed on to the bill and elizabeth warren. so we have bipartisan support. if mitch mcconnell brought this to the floor, like we used to have, regular order, this would pass easily. >> bill: i wonder if you'll get it done before christmas. i want to read something that i find is stunning. 10,000 restaurants have closed in three months. here's more. as of today, 17% of restaurants, more than 110,000 are closed permanently or long-term. the vast majority of those permanently shuttered were well-established businesses and fixtures in the community. 16% were open for at least 30 years. that's families, that's

tradition. clearly history. staggering, tom. >> right. another staggering number is between 65 to 80% of all independent restaurants in this country will close without help from the government. so what we're talking about is not only those lives of the business owners in most cases mom and pop restaurants, someone -- newly naturalized citizen that put their money into a restaurant and the family is working there, a restaurant established for a long time but we employ 11 million people. factor in the ancillary businesses, the farmers, wine makers, cheese makers but how about plumbers and electricians? the people that deliver my linen. musicians. all of those jobs are done. what we're asking for the government is not a handout. give us a bridge to get us through from now until when inoculation is well-received and out there and people freel like they can go out and they're safe. this economy is going to roar

back when that happens. if we're not there to open, all of those jobs that we can provide are going to be gone. >> bill: you need a bridge to the spring. that's the way i see it. my guess is you're going to get help before christmas. i just can't see washington taking a holiday break without doing something here. whether it's the stimulus check or the ppe. i mean, why don't you frame it -- how would you best preserve the most amount of jobs given the carnage we've seen already, tom? >> number 1, i think congress has a 9% approval rating. so if they want to increase that a little bit, they should pass something. what i'm hearing right now is 908, the $908 billion stimulus package includes ppp. that doesn't work. this is what we're fighting against. ppp work if your business is 20% depressed, 30% depressed. maybe you can hire back some employees. for restaurants that are closed, forced to be closed, restaurants

in los angeles, minneapolis, chicago, new york very soon. we're hearing -- these restaurants were forced to close. >> we're okay with this. i don't want to close, but if i know there's unemployment coming for my employees and i know there's a bridge, we're okay. ppp won't work for us. this is why we need the restaurant act. that provides $120 billion of grant money and actually looks back and looks at income replacement over a period of time. that money can be used for payroll, rent and utilities like ppp but payables >> bill: like the last round. what strikes me, new york city, chicago, you pick it, american cities are changing as a result of this fall-out. i don't know what it looks like in six months. perhaps there's hope once we get the vaccination out, they will return to some normalcy. i think new york may close indoor dining. you think that's the case

monday? >> absolutely i think it's going to happen. this is where i have -- i'm mixed on this. on one hand, this is what the scientists believe will help prevent the spread a great study that came out of stanford university spread in restaurants. restaurants only do well when they're crowded. >> bill: no doubt. 25% capacity doesn't do it. i'm sorry to cut you off. we could talk about this for an hour. tom, hope you come back. let's hope for some relief before the holiday. >> have a great holiday. >> bill: you as well. tom colicchio there. some u.s. forces starting to leave afghanistan. what we're hearing about the withdrawal would affect the fight against the taliban. there's more on china and the professor talking about beijing's connection to america's leading inner circle. what is that about? gordon chang has written books on china. he's got some ideas about what the u.s. should be doing now. i'd like to take a moment to address 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. x!0iq$e(dú and there's a big difference between ordinary... and the best. which egg tastes more farm-fresh and delicious? only eggland's best. which egg has 6 times more vitamin d, 10 times more vitamin e, and 25% less saturated fat? only eggland's best. which egg is so special, i'd never serve my family anything else? for me, it's only eggland's best. better taste, better nutrition, better eggs. now every bath fitter bathbath fis installed quickly, safely, and beautifully, with a lifetime warranty.

go from old to new. from worn to wow. the beautiful bath you've always wanted, done right, installed by one expert technician, all in one day. we've been creating moments like these for 35 years, and we're here to help you get started. book your free virtual or in-home design consultation today.

>> bill: updating a fax top story.

word after a chinese spy connected eric swalwell. he suggested china would do better with a biden administration in power. rich edson picks up the story from the state department. rich? >> good afternoon, bill. an academic in china claims the chinese government has an advantage in dealing with the united states. late last month, vice dean of the school of international relations shade the chinese communist party can rely on powerful sympathetic americans to bend u.s. policy to its favor. [speaking chinese]. >> he reveals few other details, offers no specifics to back up

his claim. he says wall street tried to help with the trump administration's trade fight unsuccessfully and wall street is close to the political elite. this is all as axios reports a chinese spy moved for several years through american political circles before abruptly leaving the united states in 2015. the reports says she never passed along information. a former u.s. official tells fox news the details:her stay in the u.s. are consistent with chinese ministry of state security operations. in the summer, the state department closed the chinese embassy in houston. u.s. officials called it a hub of spying activity. earlier this year, secretary of state mike pompeo warned american governors to be weary of chinese operatives trying to cultivate relations with local politicians, this morning pompeo said the u.s. has changed its approach to the chinese government. >> for a long time, the united states said we're not growing to

do anything about that. it's unacceptable. >> especially since the coronavirus pandemic, the u.s. has been far more aggressive against the chinese government. it's unclear how the incoming biden administration will handle these issues. biden's team says the next administration will coordinate with allying to counter china. there's still plenty of details of that strategy outstanding. bill? >> bill: thanks, rich. i want to bring in gordon chang, author of "the coming collapse of china." how are you, gordon. good afternoon. what is important to understand about the message he delivered on camera back in november? >> i think the most important thing is that it shows the arrogance of chinese elite's towards the united states. you know, people can quibble about what he said and some of it details that he disclosed. the point is, china's leaders think that they can own us. we'll do whatever they want because they've got the whip hand. that is dangerous. it makes it very difficult for the u.s., which is far stronger

than china, by the way, that it makes it very difficult for us to deter china and certainly china can push us in ways that would be extremely dangerous. >> john radcliff, you remember this piece. okay. what do we do about it? >> i think that in order to reduce the influence beijing has, we have to cut commercial investment, tech sharing ties. i know this sounds drastic. the point here is that china uses every single point of contact to influence the united states, to push us in ways that benefit china and certainly don't benefit either the united states or the international community. beijing has been extremely aggressive especially as we have seen the last five months. so they're not leaving us any choice. >> bill: okay. you've seen how aggressive president trump and mike pompeo

specifically have been on this topic. give them five or six weeks. what can they do? >> well, the president has emergency authority under the 1977 act. the international emergency economic powers act and he has a number of other things that he can do to cut ties. to give you an example, two days ago, china blocked trip adviser and 104 other american apps. the president can use his authority under the 77 act to block chinese apps or to do other things. i know district courts don't like that. they have stayed his orders. nonetheless, the president can move and courts just have to follow. >> bill: two more points here. you filed this reporting about chris thing fang. some refer to her as fang fang. you think is how beijing appears to be so thorough. go ahead and explain what you mean by that when you watch this story. >> the big story here is her relationship with eric swalwell.

he now sits on the house intelligence committee. it's important for beijing. their first contact with him is when he was a council member in dublin city, california. they identified him as someone that can work through the american system and worked with a lot of people. some of their bets have not panned out. shows you that this is not just a question of senators or representatives or cabinet officers. they go down to the district level, they go down to the municipal level and they identify people that they think that one day will be important. >> bill: gordon, how common do you think this is? >> it's extremely common. china has done it for decades. china's attempts to influence and infiltrate is not just the federal government. it's institutions. so media, ngos, colleges, high schools.

it's just almost every institution in american society. they've been doing this for three decades. >> bill: 30 years, you said. so i think the way i understand it best from your words is talking about 1,000 grains of sand suggesting what about the information that you collect over the three decades? >> what china is doing is interviews business people, students, all sorts of chinese nationals that travel through the u.s. they collect information, they put it in their artificial intelligence systems and hope to have a composite picture. so this is just a comprehensive thing. remember, china has the 2017 national intelligence law which requires every chinese national to spy if demanded. that is also what they have to do under the communist party's top-down system. so china not only has ministry of state security agents long fong but everybody else that comes through this country for

whatever reason. >> bill: gordon chang, fascinating and developing and we rely on people like you to take us through it. thanks for your input today. gordon ground in kabul. >> american troops have started their withdraw. they say it's more of a trickle than exodus. that january deadline to get down to 2,500 troops will be met. general milley said a couple days ago that he anticipates having two large bases and a few small businesses the country after that for counter terrorism operations and assists. as the u.s. is drawing down, the taliban is picking up fighting. thousands of people have been fleeing conflict around the country. we met some of these people today. take a look.

>> this man says that children are dying here. they have no food. they have no heating. that is still better than the war and the fighting that they fled. that fighting is worse than it has been in a long time. he asked the americans to stay in afghanistan till they can bring peace. >> the afghan army has been trained up by the u.s. it's said that they can carry out almost all the ground operations and about 96% of the air operations. they cannot stand up to the taliban without the u.s. that is going to be a big problem moving forward. bill, this war has cost almost a trillion dollars. $138 billion has gone to rebuild the country. i'll be honest, being here the last few days, it's a big question as to where that money has all gone. bill? >> benjamin hall from kabul afghanistan. thanks. about 85% of folks in california living under stay-at-home guidelines. we're on the ground in l.a. on that. texas might need all that wide open space after 2020.

a silicon valley billionaire is moving there and he ain't alone. david asman joins us to talk about that. we watch the first snow of the season fall on fox square. they got a tree outside. it's not better than the one behind me, is it?

people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. 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. learn more at cosentyx.com. we made usaa insurance for veterans like martin.

when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa

♪ ♪ 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.

>> bill: breaking news. california way now. california officials putting in new covid restrictions. icus filling up. more than 30 million will be living under stay-at-home restrictions until post christmas. william la jeunesse picks up the reporting. tough time, william. good afternoon. >> yeah, bill. you know, it's conflicting

goals. so the restaurants want to stay in business, keep people employed, pay the bills. the state wants to keep people inside, stop the spread, save the hospitals and the workers inside. both are legit. now officials say everyone, california, other states have to pay the price for the 48 million that hit the roads over thanksgiving. 10% of those tested are positive. one out of every eight that is positive has to go to the hospital. that is thousands. icu bed capacity is zero in three california counties and getting worse. so governor newsome authorized this $80 million public education campaign telling people to stay six feet apart as if they haven't heard that in the last eight months. the ads, 1,000 billboards, tv ad. how much is being paid by taxpayers. he has not told us. >> we're trying to be more smash

mouth in terms of how we get your attention. so many billboards, so many advertising. that's why we want to pill these physical bodies, these images out of the billboards themselves. so people may pay a little bit more attention. >> restaurants won a major bat until court when a judge ruled there was 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. >> but the state ban supersedes the county ban, so restaurants, bill, remain take-out only. with the sacramento icu thing, about 99% of the state now on lockdown. >> bill: thanks, william. more people are moving out of california, too and they're really rich people. david asman from fox business. how are you doing? >> doing great, bill. >> bill: merry christmas to you.

>> merry christmas. >> bill: here's elon musk moving to texas. watch here. >> i do think that if a team haas been winning too long, they do tend to get a little come play sent, a little entitled and they don't win the championship anymore. california has been winning a long time. and i think they're taking it for granted. >> bill: people might pay attention to that. do you think? >> according to elon musk, they took him for advantage, too. in the spring, gavin newsome, the governor, said he doesn't expect elon musk will move. he has. he still has a big factory in fremont that employs 10,000 californians that won't move out soon. but the fact that elon musk is taking his brains, his experimental centers, the ones that create these new machines out of which whole industries are created, which employ tens and hundreds of thousands of people, that is the way this nation is developed.

that is his ideas develop. that is all moving to texas. that means the future looks bleak for what elon musk is doing in california. it's not just tesla. hewlett-packard is moving. usually in blue states. new york new york, connecticut. those states where taxes are very high and businesses where where used to paying the higher taxes because they liked the brain power. now the brain power is moving to texas and that will cost jobs. >> bill: we've seen it. a suggestion about florida growing too as well. breaking news in the business world. the governor is taking on facebook in a big way. a moment ago, facebook came out with a statement. here it reads.

>> bill: now, what the government is doing is taking on their acquisition of what's app which is used by a billion people around the world every day and instagram that is making facebook a lot of money. where does this go, do you think? >> by the way, it's not only the federal government. there's 47 -- excuse me. 46 attorneys general and the district of columbia that are also joining in their own lawsuits along similar fashions trying to get them to break off what's app and instagram. bottom line, facebook has used their dominance and monopoly power to crush smaller rivals and snuff out competition at the expense of everyday users. the problem is everyday users don't pay for it. that i are the product. the users of facebook are the product. that's how facebook makes its money. it's hard for them to prove that consumers that don't pay for it actually pay a price for this. however, you just look at what is happening with the monopoly

interest on things like youtube that announced they would wipe out the videos and youtube is owned by google on electoral fraud. >> bill: that's censorship. >> it's crazy when you have a monopoly. >> we're going to be dealing with the censorship issue for years to come. mark my words. thanks, david. another country approving the vaccine before we do. what is up with that? a warning about who should not get the shots next. veterans, record low mortgage rates 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.

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

recommercials witht exciting stunts. so to help you remember that liberty mutual customizes your home insurance, here's something you shouldn't try at home... look, liberty mutual customizes home insurance so we only pay for what we need. it's pretty cool. that is cool! grandma! very cool. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> bill: two big stories. hunter biden is being investigated based on his tax returns. a statement from biden says the u.s. attorney's office in delaware advises legal counsel yesterday that they're investigating my tax affairs. i take it seriously. i'm confident i'll handle them.

a review will demonstrate that i handled my affairs legally and appropriately. we'll follow that story out of wilmington. two countries gene the vaccine today. canada and israel announced that. the u.k. beat everybody to it two days ago. greg palkot has the story. >> a bit of a hiccup dealing with covid-19 here in the u.k. and around the world. thousands are being vaccinated now in this country. two healthcare workers that received the pfizer injection yesterday had a small allergic reaction to it. now officials are advising people with allergies not to get the pfizer shot. wait for other vaccines in the works. this is the roll-out as planned continues. next week, doctors office, the week after that, nursing homes. finally, 90-year-old margaret

keenan? she got the vaccine yesterday and left the hospital. she was there only for a heart checkup. she's happy and she will be back there in three weeks to get the dose again. fda now looking at approving it as well. back to you. >> bill: thanks, greg. neil is now. >> neil: i.p. whoa! door dash, meal delivery service giving wall street a lot to chew on today. a record-setting performance for new offering in this genre. something that we have never seen before. door dash technically still losing money though not as makeup money. soaring in the market today. close to 90%. to put that in perspective now, with shares going into today priced at $102 for the launch. remember through a series of multiple reprisings, this was a originally 70 to 75 and upped it to 80 to 8s 5 and then 102.