is free and fair elections are the cornerstone of this republic and it is important every legal vote is counted and every illegal vote is not counted. >> thursday, the lone star state no longer along, 17 states backing texas and its legal challenge to the 2020 election. we are live in dc with what is next. >> the day we've been waiting for, the fda talks emergency approval of pfizer's coronavirus vaccine when the first doses could be rolled out. >> the most unique in all the land.

♪ chopsticks ♪ todd: this christmas you and other people can call fao schwartz home. carley: the iconic toy store. "fox and friends first" starts right now. ♪ todd: i thought that was something else. carley: they both have the very smooth voice. i understand your confusion absolutely. carley: we hope to clear up your confusion this morning. you are watching "fox and friends first" this thursday morning. carley: let's get straight to it. election battles heating up, the trump campaign and nearly 20 additional states joining texas

challenging the results in battleground states. >> a special counsel call to investigate. >> the lone star state not so lonely anymore, 17 states joining these efforts to join this challenge the results. ken paxton, arguing 62 electoral college votes in georgia, michigan, pennsylvania and wisconsin should be invalidated claiming they acted unconstitutionally when they moved to expand mail in voting at only state legislators can govern election laws. kayleigh mcenany had this to say last night. >> for goes state-by-state it shows how what happened, the unconstitutional enactment by democrats secretary of state in contravention of the legislature, could be outcome determinative. >> support for the case was

welcomed by the president who tweeted 17 states joined texas in the extraordinary case against the greatest election fraud in the history of the united states, thank you. these are the states backing the suit. one of the first to do so was missouri was missouri attorney general eric schmidt said he is fighting for election integrity. >> free and fair elections are the cornerstone of this republic and it is important every legal vote is counted and every illegal vote is not counted. >> next week the senate homeland security committee, holding here on election irregularities as house republicans call on attorney general william barr to appoint a special counsel. fox news learned there will be poll watchers during next month's georgia senate runoff. that will be interesting. back to that case if the supreme court decided to hear this case and rule in the president's favor the 62 electoral votes would be enough to swing the election giving the president

four more years in the white house. the four states being sued have until 3:00 to file a response with the high court. >> thank you. the next big date in the 2020 races december 14, '20 lectors vote in their states. lara trump with the trump campaign says texas lawsuit has merit and is essential to preserving our democracy. >> what this lawsuit is saying is the election laws in the state of georgia, wisconsin, pennsylvania and michigan were violated, they did not follow their state election laws and because of that it disenfranchises every single american voter. we need to know our elections are free and fair and every legitimate vote is counted and whenever you had a situation like we saw in this election where they tried 90 days before the presidential election to change the way we vote in the

united states of america did not go the proper route through state legislatures, just changed, the secretary of state or other people on the election boards changed the laws and they are not allowed to do that. it is unconstitutional. >> one of 17 state-supported the texas lawsuit is arkansas. the attorney general of that state is going to join us live next hour. it is the day we've been waiting for, the fda will discuss emergency approval of pfizer's coronavirus vaccine. >> it comes as the us reports 3000 covid-19 deaths in a single day. what can we expect the vaccine to be distributed, good morning. >> as soon as the fda gives the all clear to distribute the vaccine the feds say they are ready to invest or 2.9 million doses. an official with the the fda says the approval will not come for a couple days or even a week. >> based on current production schedules we expect to have

enough doses to vaccinate 20 million americans by the end of this year, 50 million total by the end of january and 100 million total by the end of the first quarter. >> reporter: this would make the us and canada the second western nation to approve the pfizer vaccine as the uk investigate whether it causes allergic reactions. >> patients are subject to severe allergic reaction, have been excused from clinical trials which is classic so my expectation is this is new news and i would assume the fda will make the decisions that tomorrow this will be part of the consideration. >> reporter: the us hit another grim milestone, 3000 daily death, doctor anthony fauci will take the vaccine if deemed safe. >> if the united states food and drug administration says that a

vaccine is safe and effective i can promise you that i will take the vaccine myself and i will recommend that my family does that. >> that the permit of defense is sending 25 u.s. army medical personnel to help take the strain off of wisconsin hospitals and pennsylvania governor tested positive for covid-19 saying in part, quote, as the virus rages on my positive test is a reminder no one is immune from covid-19. following all precautions as i have done is not a guarantee, but it is what we know to be vital to stop the spread of the disease. dr. nicole saphier will discuss everything as far as the vaccine goes. >> we hope she can answer questions. carley: a federal investigation is underway on hunter biden's taxes, the president-elect's son confirming a probe in delaware

saying, quote, i take this matter seriously but i am confident a professional and objective review of these matters will demonstrate that i handled my affairs legally and appropriately. sources tell fox news the probe stems from funds he received from foreign countries including china. >> congressman eric swalwell denying he shared sensitive information with the chinese by. >> at the same time the story was being leaked out is the time i was working on impeachment on the house intelligence and judiciary committee. if this is a country where people who criticize the president have law enforcement information weapon ice against them that's not a country any of us wants to live in. >> xe is reported democrat was one of the targets of chinese national christine fong who put together political and over politicians, her suspicious activity prompting the fbi to launch a probe before she fled the country in 2015. florida senator rick scott and house minority leader kevin

mccarthy calling for swalwell to be booted from the house and ultimately. senator marco rubio and sarah sanders point out his hypocrisy as he once led the charge against the president accusing the president of interacting with foreign entities. >> he is now claiming he wants to be treated fairly but as member of the intelligence committee telling people the president was an agent of a foreign government and obviously when people hear that from someone on the intelligence committee they think he must know something was very unfair to the president. you can't go around behaving that way and enjoy the benefit. >> outrageous and irresponsible the way he conducted himself and the attacks he made against donald trump but knowing what we know now is even more absurd and ridiculous that he was so willing to do that when he has his own situation. todd: state media will sanction officials after the us announced sanctions on chinese lawmakers.

gordon chang is an expert on china, joins us in minutes on those sanctions and the country's strategy to infiltrate america. >> a migrant caravan on its way to the us, reuters reporting hundreds of migrants traveling from honduras after two hurricanes battered the country last month was one of them saying they have no choice but to flee to the united states. could be the first major caravan to the road since the us presidential election. todd: the latest space x test flight. in case you are not by your tv that was not a successful landing at least on paper. the prototype starship bursting into flames during touched down in south texas after flying 8 miles into the stratosphere. no one was on board, nobody was

hurt but space x owner elon musk said the flight was a success despite the explosion tweeting and part we got all the data we needed, congratulations space x team. shannon: eight lights for ten nights. hanukkah beginning at sunset. the festival of lights on is the rededication of the second jewish temple in jerusalem during the second century bc, the 40 first annual national menorah lighting will be held in washington dc. the national menorah counsel says they reduced capacity, cdc guidelines will be enforced. this operation will take place today. the time is 11 minutes after the hour. michigan state rep appears to threaten trump supporters. take a listen. >> this is just a warning to you trumpers. be careful. walk lightly.

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shannon: congressman eric swalwell said he did not sure sensitive information with the suspected chinese spy who worked her way into his inner circle and allegedly targeted of the us politicians. >> republicans calling the california democrat to be removed from the house and ultimately. joining us to expand how serious the allegations are, author of the collapse of china and senior fellow, gordon chang. let's start with swalwell. is somebody who studies how china operates and manipulates how concerning is his response to all this?

>> i'm concerned what swalwell said. any congressman can be the target chinese intelligence operation and most of them are. that's not the point. the point is his reaction as you suggest where he was on the house and all committee. he knew that china was the number one national security threat to the united states but he downplayed that. only talks about was russia and i think that was because it was a partisan narrative against donald trump. i think essentially we saw swalwell use intelligence for partisan purposes of avoiding sign altogether, that was wrong long. >> nancy pelosi said of this the speaker has full confidence in congressman swalwell of service on the intelligence committee but house minority leader kevin mccarthy says he should no longer sit on the intel committee. what do you think? >> i think the speaker's comments were probably the result of partisanship. there is a real issue with

swalwell. it may or may not merit him leaving the intelligence committee he was misusing intelligence and therefore there should be some sanction. todd: the communist country of china will impose sanctions on us officials as mike pompeo warns of a threat to us colleges, many are bought by beijing. here's the tweet from chinese state media say they decided to impose these restrictions on us of his lend administrative departments, congress men and women and the like. did the sanctions have any bite or is this a standard diplomatic set up? >> chinese sanctions against the us don't have a bite and the reason is our relationships with beijing are so unbalanced the

china doesn't have any to punish the us. they didn't name the us officials they were sanctioning and what they did suggest they were doing really has no practical effect at all so we can laugh this off from beijing. carley: mike pompeo says china is preying on college campuses. >> if we don't educate ourselves. if we are not honest about what is taking place we will get schooled by beijing. we cannot allow this to radical regime to steal our stuff, to build their military might and brainwash our people are by our institutions to help them cover up these activities. shannon: mike pompeo saying beijing as bought some of our colleges, infiltrated our higher education. what is going on here? >> that certainly is true because we have seen on college campuses, not just the two that he named the china really controls the narrative, college administrators do beijing's bidding and give a hard time to

students who want to talk about china, to that perspective, this is throughout american academia because they are interested in chinese money, interested in chinese students and they move against academic freedom which is a core support for the united states. we have to be concerned about what is happening on college campuses as well as in high schools and secondary schools. neil: is pervasive. pete buttigieg being considered as ambassador to china. this is clearly going over the next few years the most important ambassadorship we have, no bones about that. best choice for the country? >> i don't think so because buttigieg doesn't have any apparent qualifications to be china ambassador. he wanted to be ambassador to the un. ambassadorship in most policy policies are made in washington,

and on the ground in beijing or whatever. the most boring thing for us ambassador to china is to understand the fundamental nature of the challenge and there's no indication that he understands that, that in my mind disqualifies him from the post. >> it would help his resume for a future president to run but the question is will it help our country and you answered that question. we appreciate it. >> new york restaurant owners on edge as governor cuomo ways banning into a dining again. carley: two big names in the city, dining, join us live next.

>> leaders in the new york restaurant industry pushing back and governor cuomo's threat to ban indoor dining in new york city, a move that could further devastate an already struggling industry. president of the new york state restaurant association and owner of five new york city restaurants, great to have you here. first question what happens to you, your employees of cuomo shut you down again? >> we are going to be shutting down ourselves. i have one restaurant already closed, we will be closing three more. i will be left with one restaurant working at what capacity, 10%. todd: all those employees no more jobs. >> all gone. we will have to furlough them again. looks like we are going back to

mid-march, end of april. it is awful. >> more than 106,000 new york city restaurant jobs may be lost in the next 6 to 12 months. how do these people survive without some form of help from the federal government? >> they don't. that is the unfortunate answer right now. we aren't even back to pre-pandemic employment levels right now. new york city is maybe half of their employment level from what we saw prior to march of this year so sitting down again when they have only been open a little over two month they won't make it and neither will their employees without additional federal relief. todd: what is your message to those who say shut everything down until the vaccine takes hold? that question was for luca but another one in a second. you go first.

>> i say we need to be safe but also need to survive so something has got to give. the restaurant act was passed in the house needs to be passed in the senate. the relief is needed immediately. we cannot wait any longer. we cannot wait until after christmas until the new year. it is that dyer. >> is the restaurant experience ever going to be the same? >> eventually we will get back to it. there will be lasting impacts for sure. the industry has transformed and pivoted so many times it will be different as we move out of this but the joy will come back and you will enjoy that hospitality once again because we are desperate to give it to you. we want to welcome everybody back in a safe way.

>> still be files me the aid in the beginning wasn't made targeted bars and restaurants. it wasn't as we are in a predicament we are in and people are losing their jobs and livelihoods. we appreciate you sharing your insight, wish you the best of luck. todd: still at minneapolis voted to redirect millions from their police departments as crime surges. retired minneapolis officer says police are already stretched too thin and this won't help, she joins us next. 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.

change president-elect's son hunter biden confirming a federal investigation on his tax affairs. >> the probe stems from his business dealings with foreign countries. what is the latest? >> reporter: this, us by surprise when hunter biden announced the us attorney's

office in delaware is looking at his tax affairs. hunter says i take this matter very seriously but i am confident a professional review of these matters will demonstrate i handled my affairs legally and appropriately. his father's transition team issuing a statement saying president-elect biden is proud of his son who has taught different challenges including the vicious personal attacks of recent months only to emerge stronger. the us attorney in delaware david wise, a trump appointee refused to comment because this is an ongoing investigation but a source familiar with the matter tells fox news the investigation began in 2018 and was predicated in part by suspicious activity report from transactions in, quote, china and other foreign nations. this includes looking at the

laptop connected to hunter biden during the campaign. you will recall donald trump and republicans questions conflict of interest between then vice president joe biden and his son. on the board of ukrainian energy company burisma but fox news learned the older biden is not subject of any grand jury type investigation at this time, this as homeland security committee chairman ron johnson says he wants to know more. >> there have been reports of the bidens cashing in, the biden name for many years, dating back to when joe biden was a senator but he got millions of dollars. our report documents $5 million. >> but he's no fan of special counsel that doesn't see the need for one now. this investigation could be ongoing when hunter's father becomes president. president-elect biden's administration it will be interesting to see if biden replaces us attorney wise, that

it would be business as usual, that's what presidents do when they come into office. that would waive obvious red flags. todd: thank you. new york post columnist miranda devine pointing out the timing of this revelation is no accident. >> the timing of that peculiar statement today is perfect because comes a month after the election so there's no real consequences for joe biden. it is damage control. he throws out the garbage before christmas when no one is paying attention and an official press release with joe biden adding his plea for sympathy which he has used so cynically and successfully in the past to shield his family's dodgy business dealings overseas. >> failing to cover the hunter biden applications, she criticize the media.

todd: minneapolis the counsel voters cut the police budget for next year redirecting $8 million at a time when crime rates are soaring. the same city council is going to defend and even abolish the department so what message is this sending to criminals? joining me live retired minneapolis police officer, good morning. overnight $8 million for minneapolis police budget gone as crime is soaring in the city, over 5000 violent crimes reported this year alone so what is going to happen next year in light of the budget cuts? >> i don't know if they know what is going to happen. the department is very stretched, the money, i am glad they did not reduce the force, but the money supposedly is coming from extra duty hours so i don't know how it is going to

work. they may not know how it is going to work yet. >> very liberal mayor was opposed to this because he does say there should be more money and more officers on the police force. any insight on how police in minneapolis feel without the backing of the city council? >> they are very upset. they don't know what to do. they don't know whether they should be taking crime in their hands or staying back. they are professionals and answering their calls but the call is so high in the force is so stressed that they can take up to 5 hours to answer a simple call. shannon: not just minneapolis, new york city about to hit a 14 year high in shootings. the police commissioner of new

york city blaming the coronavirus but the plainclothes anticrime unit to get the guns off the streets was disbanded so what do you think? why is this happening in new york city and how do you fix it? >> i don't think it is a problem just for new york city. it is all over and how you fix it, part of the problem is covid-19. part of the problem is we need to decide as a community what we are going to do and how much we are going to tolerate. we need to make sure the folks that are doing these crimes are being held responsible for the crimes. many years ago in the mid-90s minneapolis was murderous. we knew who the people were that were causing the problems, gangs but now have 12, 13, 14-year-olds beating up women, beating up all the men and women to get their cars. >> why do you say coronavirus is to blame? >> a lot of it has to do with boredom. they are not in school, not in activities after school. some of the playgrounds are

closed. activities they can't do. they can't go to sporting events. there's a bunch of sitting around doing nothing and now they are thinking let's try this. >> you are right, it is not just new york city, not just minneapolis. it is a problem that is happening across the country. thank you for joining us, we appreciate it. >> concerns growing in oregon as armed protesters illegally occupied part of the neighborhood threatening to kill police. >> this occupation can be solved easily, allow the neighborhood return to peace and order. >> the group is protesting the eviction of a black and indigenous family, the mayor giving the authority for officers to use all lawful means necessary to prevent an autonomous zone. protesters attacked police, several arrests were made. a michigan lawmakers stripped a

committee for sending this morning, to threaten trump supporters on social media. >> this is a warning to you trumpers. be careful. walk lightly. for those of you who are soldiers, you know how to do it. make them pay. >> democrats and the adults in making those comments after reportedly getting threatening voicemails following a hearing with the president's legal team, first lawmaker could face additional disciplinary action. shannon: left-wing media, historic vaccines summit, the press is undermining donald trump's leadership and she's next and famous fda course offering a one night stand one lucky family. how you could score the deal coming up. ♪ it's beginning to look a lot

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media coverage of the spy controversy, wednesday at 6 am to 11:00 pm. one hour and 56 minutes, 10 seconds on the fox news channel, no coverage on m s nbc, 3 minutes and 16 seconds on cnn but most of that was defending himself was how irresponsible is it from a national security perspective for the other networks to ignore this? >> extremely dangerous and salacious and sad that these media outlets are shirking their responsibility to provide information to the american people. it has happened in the past but that doesn't suggest or should not diver our attention away from the fact that china continues to try to target high-level officials in the government. it should be putting every american especially those who are elected on guard against who they bring around them and for the media to ignore it just damages the american people's

trust in them based on what they choose to ignore versus what they choose to focus on. todd: are you willing to say the mainstream media is compromised with their connections to communist china? >> they allow themselves to be a tool of china. a pr arm for the democratic party for sure and when we consider the china is one of our greatest threats right now the media seems to shrug its shoulders and episode like eric swalwell's connection to a chinese spy underscores they turn a blind eye to what china is trying to do which is infiltrate our country in every means it can. >> talking about media misses cnn and msnbc giving donald trump's historic remarks on vaccine, they heard joe biden,

will the president give biden credit for the work trump has done on the vaccine over the last nine months? >> they will try their best to do so or make it seem joe biden was able to get the vaccine out to everyone quickly using the president's plan and operation warp speed private partnership. it is a disservice for sure. it exposes their bias but shows the mainstream media is not on the public's side on their own side, the side of the politicians they wanted to win so they will do everything they can to undermine the current sitting president of the united states and pretend he is not that and prop up joe biden to make him seem like he is. whoever you supported it is important to continue to cover our government for accountability reasons and if informed the american public what is going on.

todd: the reason the media is there in the first place was safe to assume the vaccine did not work the media would be pretty hard on donald trump. >> absolutely, they would be looking for anything to trash this president and especially undermine the vaccine which is really important and a game changer as doctor anthony fauci said. todd: the mayor in southern california sends a letter to the governor blasting his coronavirus restrictions for not following the science. that mayor richard bailey joins us next. ♪ ce policy you no longer need? now you can sell your policy, even a term policy, for an immediate cash payment. call coventry direct to learn more. we thought we had planned carefully for our retirement. but we quickly realized that we needed a way to supplement our income. our friends sold their policy to help pay for their medical bills and that got me thinking. maybe selling our policy could help

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shannon: california governor gavin newsom's new stay-at-home order to shut down indoor dining, local leaders like our next guest demanding data to back up these restrictions. joining me now mayor richard bailey. good morning. you are speaking out, you wrote governor newsom a letter saying there is no reason to ban outdoor dining, the california should find a middle ground. what do you think the middle ground should be? >> the main purpose of the letter was to take a new approach to itself orders that starts by treating citizens like adults. one of the most disappointing aspect of the latest action is no one has actually made any statement from it. the latest health order primarily shuts down business operations like outdoor dining and personal care services but

also prohibits personal activities such as playing on outdoor playgrounds for children and outdoor camping and the problem with this action is businesses such as gyms and personal care services only have marginal rates of transmission when reasonable protocols are in place and there is 0 data to back up shutting down of outdoor dining. la county judge just the other day ruled l a was acting an arbitrary manner when it shut down outdoor dining because no evidence was provided to justify that action. when these steps occur that are not supported by the data you lose trust with the public and that is what we are seeing happening in california. >> you mention the judge in la and admiral gerard so there is no data that suggests shutting down outdoor dining would be beneficial. california's health and human services secretary responding.

>> the decision to include among other sectors outdoor dining and limiting that really has to do with the goal of trying to keep people at home, not a comment on the relative safety of outdoor dining. >> tell that to the business owner struggling to get by because they've been shutdown. it has nothing to do with relatively safety of outdoor dining so why is the governor doing this if the science doesn't back it up. >> great question and it speaks to the faith he has in california institute the right thing and i truly believe californians all want to look out for one another but shutting down businesses and activities, they are not contributing to the spread, not reducing case there is, will not reduce hospitalizations but it will put tens of thousands of people out of work and the credibility of the help orders that are actually affective, social

distancing, masking, smaller groups, keep it in outdoor settings which i remember when earlier this year health officials made public spaces unavailable, they limited the pacific ocean, limited beach activity but all these activities were inherently safe. when they did that people started questioning the balance of the help orders and ignoring those aspects of them which was a big mistake by california. >> i was reading how some small towns in los angeles county are trying to fight back against the outdoor dining ban by creating their own health department's. is that something on your radar, or if governor newsom doesn't respond what are you going to do about this? >> it is a tricky situation. one of the questions i received quite a bit as a mayor of a small town is why don't you just say you are not going to follow

the order and the problem with that approach is it is a state health order so restaurants and other businesses would not be ignored in order from the city but from the state and many restaurants have been threatened with losing their liquor license from the state, other businesses that require licensing from the state have been threatened to have the license pulled so there's little legal protection we can offer businesses so that makes the situation difficult, they've done everything the state has asked them to do and put in place these protocols, tens of thousands of dollars to bring in new equipment, trainer employees and the state is sitting them down again and doing so even though their businesses are not contributing to the spread so it is an unfortunate situation, we can't protect our businesses from. >> only a tough few months and you are asking all the right questions, thank you for joining us, appreciate it. >> such a cool place, a cool

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>> it is thursday december 10th a huge day in america's fight against covid-19. the fda said to review pfizer's vaccine, when the first dose will likely be administered. >> he spent years downplaying the china threat playing into exactly what the chinese want people to do. we need to figure out are there others? todd: eric swalwell to be removed over the house intel committee over a chinese spy, moat