it will be a game changer. >> ready to start distributing this vaccine. >> we could see the end of the pandemic insight. >> standby for pfizer's vaccine, race for fda approval that could come as soon as today. >> most litigants have the opportunity to be heard at least once was we are to have the

chance to be heard. >> the lawsuit for battleground states, in washington. >> carly and i, world war ii veteran, at 1:03 for the daily court. carley: "fox and friends first" continues right now. ♪ better watch out ♪ better not cry ♪ better not pout ♪ i'm telling you why ♪ santa claus is coming to town ♪ carley: he is coming to town this holiday season. it is friday. the hard part is over. todd: rest assured. fda panel giving the green light

to pfizer's covid-19 vaccine waiting for final stamp of approval which could come as soon as next week. >> shipping companies are ready to deliver the doses. >> reporter: fda advisory panel, with the vaccine yesterday at the white house coronavirus task force. >> very exciting day because we can see the end of the pandemic. it is in our site. we expect the advisory committee would vote to authorize the vaccine. on the fda center, for that. carley: they are preparing to roll out the vaccine as early as today. people have to embrace it with confidence.

>> immune responses induced by the vaccine are similar to what you may get in response to a viral infection. the m rna vaccine is not infectious and cannot cause disease. >> reporter: 47% of people say they will get the shot, 27 are not so sure and 26% say they are absolutely not getting it. a california nurse spoke to fox news about her experience following the pfizer vaccine trial. >> the second shot was different when i got home a few hours later i started to develop killed, headaches, fatigue, started feeling worse throughout the night and woke up with a fever in the middle of the night. that escalated until the morning when i woke up with high fever of 104.9 degrees. i took some tylenol, drank some water and it started to come down from there. >> reporter: shipping, salt

washington they spent weeks coming up with supply routes and sophisticated tracking devices to monitor the vaccines location say they are ready. time magazine names healthcare workers guardian of the year. and joe biden and kamala harris named person of the year. todd: thank you. jillian: as we saw the expected out of the pfizer vaccine, national institutes of health, doctor francis collins told martha maccallum there is likely more good news on the way. >> that is not the only vaccine. there will be another meeting of the same group next thursday when they consider the moderna vaccine and there are four other vaccines running trials. we want all of them to succeed. >> reporter: the vaccine comes at a critical time. on wednesday the us hit its youngest angle highest day toll with 3000 death. more state throwing support behind the texas lawsuit

challenging the results. todd: supreme court way argument from both sides with the to hear the case. griff jenkins live in washington with more on the push. >> reporter: may be a longshot gaining support, there are 17 other states joining texas to hear their case, toss the election results in pennsylvania, georgia, michigan and wisconsin, invalidate president-elect biden's victory in vice president pence turning up the heat in the battleground state of georgia. watch. >> donald trump deserves his day in court. the supreme court. all i can say is god bless texas. >> texas attorney general paxton said this is about more than the election of donald trump and threatens future elections, had this to say. >> all voters were disenfranchised by the fact the states did not follow the

constitution or their own state laws. todd: 106 house republicans filing amicus briefs. and it they write it is the form duty of this course to provide an objective review of these anomalies and determine for the people of the constitution had been followed and the rule of law maintained. the four defendant states pushing back in their filing saying the state of texas has added his voice to the cacophony of bogus claims adding nothing in the history or structure of the constitution supports texas's view that it can dictate the manner in which four other states run their elections and donald trump's campaign also joining in laying out the argument this way. >> no longer the burden of proof for odd. it is the burden on their side to prove there wasn't fraud because the statutes that were put in place to prevent fraud they deliberately violated.

>> reporter: it is unclear if the supreme court will take it up or not but they could today. texas had an opportunity to file their final brief. could issue an order, 5 justices to say yes, it will take another unprecedented twist in the 2020 election. >> appreciate it. a federal investigation into hunter biden's tax and chinese business ties not widely reported until now tweeting why didn't the fake news media, the fbi and doj report the biden matter before the election? it is okay, we won the election anyway. this as the wall street journal reports william barr knew about the probe into the president-elect's son before the election and went to great lengths to keep the information from getting out. a political report says the

feds, the business dealings of the president-elect's brother james biden. carley: the 16 fighter pilot who crashed earlier this week is found dead. the pilot's just went down in a wooded area in the upper peninsula on a routine training mission. it is unclear if the pilot died in the crash or ejected from the plane before the crash, what caused that crashes under investigation. todd: the senate could vote on a defense bill, rand paul deep playing the vote saying he opposes provisions that draw down troops from germany and afghanistan. funded through next week, if that does not go through government is going to shut down at midnight. >> a beer a day keeps the doctor away. >> this world war ii veteran went viral for drinking a daily course light.

he just turned 103 years old, still swears by his daily drink and told "fox and friends" why course is his beer of choice. >> i drive several other beers, doesn't feel like the right one. carley: he celebrated with a socially distant party. he was younger than 100. todd: nancy pelosi standing by swalwell as the relationship with a suspected chinese spy. carley: joe biden laying democrat losses on the defund police movement. west virginia congressman says it is important to stand up for law enforcement next. >> that is how they beat the

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about once-weekly ozempic®. >> they already labeled us as being defund the police. anything we put forward in terms of organizational structure to change policing which i promise you will occur is how they beat the living hell out of us across the country saying we are talking about defunding the police. >> president-elect joe biden thinks the defund the police movement led to democrat losses across the country in 2020. todd: alex mooney thinks americans should stand up for law enforcement. let's go to this comments, what do you make of them? >> he is right and deservedly so. they do want to defund the police. they passed a bill in the house of representatives where i serve to allow lawsuits to sue police

and bankrupt individual police officers. they cut their budgets in many areas we need to defend our police. we call the police when we need help, no one else to call. we should be supporting with increased budgets, moral support, logistical support, we should be supporting them to prevent crime and keep our communities safe, democrats are attacking the police. it is crazy and they deserve to lose the election. carley: biden went on to say he does not want to defund the police but put more psychologists on the phone during 9 one one calls and spend more money to enable them to do a better job. i'm sure you agree with that, sounds like a great plan to me but do you think it will go over well within the democratic party? >> maybe they will accept some

reforms that they demand defunding of police, they are demanding that. they pass bills with all the democrats support letting people do frivolous lawsuits against police officers, bankrupt them so they can't feed their families. police would love more support and funding for body cameras, funding for logistical support and mentoring folks to talk to. we can agree on that. we should be bipartisan on this issue. biden will get a lot of pushback from his own party on radical demands, unreasonable demands going after our brave police officers. todd: your calling on house gop to set a message of support for donald trump. what is the motivation behind a resolution when a congressperson proposes one. what is your goal with this?

>> we need to show the american people we support our president's efforts to make sure legal votes are counted and illegal ones are not counted. we had massive mail in votes, checks and balances our constitution requires do not appear to have been followed so the president deserves his day in court, has every right to a lawsuit pushed forward, the supreme court might weigh, congress will have to vote on the legitimacy of these electoral college votes but my motivation as i talked to my constituents and they didn't see a lot of people standing up with donald trump simply to make sure there wasn't widespread election fraud. look into it. if you turn a blind eye and don't look into it you are not going to find it. a lot of legal cases, i don't think it is controversial to say as a republican that we support the president and got his back.

carley: no brooks said he would challenge the electoral college vote when congress votes to certify it. will you do the same thing? >> i will see what it is like when the time arrived. i want to see the cases play out. if you count the legal votes the president could win and joe biden conceding. carley: thanks for waking up early. todd: susan rice with a spot in the biden administration, a major fumble handling the benghazi attack. carley: the battle of benghazi, joins us next. it's moving day. and while her friends

are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? delegating? oh, good one.

move your xfinity services without breaking a sweat. now that's simple, easy, awesome. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. >> welcome back. 20 minutes after the hour, four americans killed in libya eight years ago and joe biden's latest

administration add is at the center of it all. >> what sparked the recent filings was the airing on the internet of a hateful offensive video. it began spontaneously as a reaction to what transpired in cairo. a direct result of heinous and offensive video. >> susan rice putting her back in charge of americans well-being. the an executed team, is here to react. thank you for your service to the country, what is your reaction to this? >> thank you for having me. it is not surprising. donald trump is continue to deliver promises he is made and promises he is keeping, we had more peace in the middle east

are steps to more peace in the middle east than all the presidents combined before that and joe biden puts in somebody like susan rice, lied to the american people about benghazi, and in foreign policy even on the side of benghazi, and gathering around that, get to the financial situation. todd: do you think he picked her for this position of domestic policy experience because he knew senate confirmation could have been really tough for her? >> that is a big one. he doesn't want to run that,

brings back in benghazi and the four americans that were still there because of that. failure to support the people they have in the field. for several hours before we were able to confirm that and was 0 response no matter the cause of it. todd: donald trump announcing more rocco normalizing ties with israel, the fourth such mideast country to do so. why should we be celebrating this deal? >> anything to bring peace to the middle east.

and other arab countries in the right direction. mainstream media fails to bring attention to that, for what it truly is. under the leadership of donald trump. >> we appreciate you taking the opportunity to make sure the memory of those individuals is never forgotten. >> thanks for having me on. carley: the lone star state standing alone, wyatt texas lawmaker is pushing to secede from the united states. nancy pelosi sticking by eric swalwell, answers about his relationship with a suspected chinese spire. bret tillman says she is covering for the congressman and explains next.

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>> i don't have any concerns about mister swalwell, overtures from a chinese person made to members of congress, when that was made known to members of congress it was over. don't know if it means background checks come into the capitals. carley: background checks for capital interns are not necessary. todd: after congressman swalwell refused to claim his relationship with a suspected chinese spy who previously worked for him. so much to unpack in nancy pelosi's statement. what does that response mean to you?

>> ignorant of the briefings she has participated in. every member of congress has. going forward i was briefed multiple times on the danger of china, sending young individuals, to be interns, to get close to members of congress. we were told, to infiltrate the interior of the united states and get into positions of power, for many years. >> according to the axioms report. he cooperated with investigators, as her reason. and the chinese spy infiltrated his campaign, why not make that

his calling card, the threat china poses to the united states because he has firsthand information how big of a threat china poses to this country. >> the fact he got on the intelligence committee is mind-boggling. he is a first-year member of congress, how or why he was put on that committee. having done so should have been first to call out the effort to criticize what was going on in china, talk about the need for background checks. that is a minimum, that you will have anybody get close to members of congress. it might not be you are doing anything wrong but to gather in formation and to convey that information to a foreign country. todd: hunter biden under investigation, report the james biden, the president's brother

under investigation. i want to tap into your prosecutor instinct, the most problematic thing for those individuals? >> when you are analyzing the illegal movement of money, that is the heart of what the investigation is. it involves more than one person. you have to look at the conspiracy, that angle where individuals agreed on a common purpose and each take steps to forward that fraud or that illegal movement of the money. not surprising jim is involved. you seen the allegations that were brought out, there might be others and we know someone out there called the big guy reaping the rewards of much of that money. carley: telus about small businesses, you are fighting for small businesses.

>> i am. it is unbelievable, in utah with conservatives and the governorship, they are seemingly following the lead of democrats shutting down and restricting businesses, arbitrarily selecting certain industries, restaurants, bars not allowed to be open after 10:00 pm, arbitrary curfew, the lifeblood of their existence. most courts reviewed it. every single one found unconstitutional aspects so hopefully we can get that changed in utah. todd: thank you for waking up early. todd: you know who else we are lucky to have? janice dean looking ahead to the weekend. good morning.

>> janice: before we went to air my map froze so this is the only map i have. across the central us, and rain and snow, it will interact with that front and bring potential for stronger storms. i will press the map and see if it will move because we are on live tv and i would like to show you other maps than the current temperature and there we go. see what happens sometimes when i broadcast from my house? satellite radar imagery and there's the storm we are talking about moving across the central us, some measurable snow over portions of the mountains, the southwest and the great lakes

and the midwest. this is a big winter storm, not a huge deal but something that could cause travel problems and this note on a friday, are you ready for a snowstorm next week? it might be happening wednesday and thursday. todd: appreciate it. carley: move over, time for texit, a lone star state lawmaker, a referendum for texas to secede from the united states. todd: kyle stevens tweeting federal government out of control, does not reflect the values of texans. it relies on the state constitution which says government gets its authority from the people. a lawmaker to slip for threatening trump supporters. >> the governor coming to her defense was a former democrat

who left the party reacts next. >> a warning to you trumpers, be careful, walk lightly. we are not playing with you. those of you who are soldiers, you know how to do it, make them pay. (announcer) need to lose weight?

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good morning, michigan state representative cynthia johnson refusing to apologize after the threatening remarks towards trump supporters. >> this is just a warning to you trumpers, be careful, walk lightly, we are not playing with you. for those of you who are soldiers, you know how to do it. make them pay. carley: governor gretchen witmer coming to her defense was former democrat and founder of the walkaway campaign joins me now.

she made that video after she received threatening comments from republicans. what is your reaction to this whole thing? >> my reaction is it is unsurprising because there's a double standard that exists for a long time in which democrats, liberals are about to be as threatening and intimidating and disrespectful as they want to be a we are expected to just take it because somehow the narrative has been established the we deserve it or have it coming. for a party that is constantly talking about dog whistling of donald trump, what kind of dog whistle is that? summoning your army of fighters to go out and do harm to trump supporters or someone like myself who spent the last year on the road doing events, being attacked by antifa, black lives matter, i am not making this up, a series incredible threat for her to say something like that.

carley: johnson has been through a lot and we should treat her with compassion and johnson is not apologizing, they have given me more time to do what i need to do and that is help people so thank you for making -- putting racism on record, talking about how committee assignments, what is your reaction to that response? >> that is not racism. that is necessary and typical discipline for public official behaving in a way that is completely and totally deranged and indicative of the racism a lot of poll watchers had to endure from election officials on election day in michigan. white republican pollsters threatened and intimidated by election officials. we can see this behavior is tolerated in michigan. carley: you are leading a canvassing effort ahead of

runoff races. tell us about it. >> i am leading an initiative called save the senate as we speak in atlanta but traveling to nine different cities, making 11 stops, this is a 3-pronged effort that will involve doorknocking, phone banking and rallies in georgia. i encourage people to get inside because we want to get as many people out to vote on january 5th to save the senate. my last name is s t r a a k, registered to be part of this initiative, we need thousands of volunteers, make it many thousands of volunteers. carley: you have boots on the ground in georgia this morning. the time is 41 minutes after the hour. carol markowitz on more new york covid-19 response hypocrisy.

>> i hold in my hand the contest of the next 3 hours but let me bring it to light. pfizer vaccine done and ready to roll out, marks the beginning of the end of the pandemic. we will update the distribution timeline from the man in charge, the early wake-up call and nancy pelosi for some reason standing behind disgraced congressman eric swalwell over his relationship with suspected chinese i. we will talk to marsha blackburn about that. hunter biden under two investigations finally admitting it is true. look at him and his uncle jimmy and media outlets refuse to talk about tony bobalynn zabriskie, looking at this investigation.

miranda devine with the new york post talking about it from day one. general jack keane on china, their spying and the message we sent to iran with b-52s. check with "fox and friends" cohost, will pete and jedediah, two members are making new christmas music. it is all true. why would i ask you that if it wasn't true? they will perform on "fox and friends" unless they don't get up. don't miss a minute, get dressed. more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. - [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.

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>> reporter: how confidence ally? i'm not that confident.

here is the vaccine. it was done quickly but trust this federal administration. we are going to need a whole effort just to educate and not going to flock to local walmart or kmart or walgreens to take this vaccine. carley: governor cuomo sinking a different tune when it comes to the coronavirus vaccine after calling for a program to make sure new yorkers take it. cuomo keeps getting a pass from the press. joining me, carol, attacking cuomo for that flip-flop but is in the media responsible for not calling him out on it? we are the only one doing it. >> he's not on his pedestal by himself but has the media supporting him.

the fact he had the highest death rate touting his success about it could only happen with compliant media. and the way he treats new york. >> the transformation cuomo had should not be a shock to anybody. my fear is the damage is done. do you agree? >> he is the governor and had in any for having communicated with us during the coronavirus pandemic. he has this press conference, he is into telling us the effect. he told us the vaccine wouldn't be safe. it is not the only democrat to do that. kamala harris said the same thing was we have a real situation where they didn't want to give donald from credit for this vaccine, and here we are where they have to dial that

back because the vaccine is necessary and people have to take it and they have to pretend they never said what they said. todd: your the go to person when it comes to new york city schools, they plan to close the achievement among students struggling so much during this pandemic but bill diblasio's changing stance on schools create that gap. take a listen. >> 7 day rolling average for coronavirus positivity has hit 0%. as a result we need to close our schools, start thinking about what the city is going to be like as the vaccine is distributed more and more and what schools will be like in the future. todd: isn't diblasio fixing a problem he helped create? >> absolutely. i have 3 kids in the public school system. i see the chaos and disaster, he

was the first big city mayor to push that but it was a disaster, a problem the way they roll it out. an arbitrary 3%. todd: let's talk about the student achievement plan. i'm not going to read it because in so many words none of which, you want to fall asleep early. can we do anything to undo the damage that has been done this year? >> we had a giant achievement gap before the pandemic. if you listen to bill diblasio he's not confident school will open next september either.

schools don't open next december i can't imagine, can we do anything about it and stop with it. todd: they don't understand how kids learn. if i don't grow that much between 42 or 43 i have another shot at 44 but each year a child's development is so crucial and could miss another one. we appreciate your time, thank you so much. carley: arkansas attorney general leslie rutledge is back after meeting with donald trump, she is next.

.

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many each of these states under the constitution is given the responsibility by the legislature to set their rules and regulations as it is going to relate to their elections. these states did not follow that so that effect our state that actually followed the constitution. todd: six more states joining texas in suing key battleground states challenging the 2020 election results. carley: arkansas attorney general let ledge met with the president after talking to us on yesterday's show she joins us again. good morning. >> good morning. >> so you met with president trump yesterday along with other attorneys general. you guys had a lunch. what happened at that lurch other than the food, what did the president say? >> we had incredible conversation with president trump. not only about this. this lawsuit but other issues

that impact americans, whether it's the pbm case that arkansas won yesterday wrote an nance decision or human trafficking. all of these issues matter to americans and an incredible conversation with president trump talking about matters of the day. as well as which states were involved in this particular election with texas to ensure the election integrity in america. todd: to be clear you did not just do amicus or amicus brief friend of the court brief many legal knowledge and cases and arguments in support but i'm not a party. you, arkansas, are one of a few states joining in as a an actual party. why? >> well, that's right. yesterday, we joined in. we moved to intervene to become a party in the case because are a can sans, our votes will be diluted by, excuse me, by these states if they did not follow the constitution if those votes were illegally cast because, again, they changed the voting

method in the middle of the game. you can't change the rules in the middle of the game. carley: yesterday the four states, georgia, pennsylvania, michigan, wisconsin, responded and the criticism is that even though president trump doesn't like that the rules were changed at the 11th hour, people still voted. so if you remove those votes you remove the will of the people. what's your response to that? >> we want to make sure, again, those were legally cast votes. that question is to be answered by the supreme court of the united states. we have, again, half a dozen states now suing these four states. this is almost unprecedented in our country. this question will come up again. what we can't have, again, are states whether it's pennsylvania, georgia, wisconsin, michigan, changing the rules allowing votes to be cast. those votes diluting the votes of other states like arkansas. that's why arkansas is all in this fight. is because i want to protect the votes of the people of the state of arkansas. todd: finally a.g. rutledge all eyes on the clock when it comes

to cases, contesting the election throughout the course of the last couple weeks. but, specifically, with regard to this case. the number of legal experts have said there is, quote, a fatal flaw because of an unreasonable delay going against the legal laches because nobody knows what that is. that is an argument that seems to be very, very front and center. how do you respond to that argument? >> well, the same critics if we had filed this suit before the election would have said well it's too early it's not ripe in legal terms. now it's too late according to the experts. let's let the supreme court decide whether or not this case has merit and whether or not we can move forward and protect the votes of the people of our respective states. again, this case is about election integrity and not diluting the votes of those who played by the right rules. carley: so if the supreme court takes up this case, it's looking like ted cruz is going to argue it, is that right? >> yes. i think senator cruz. people forget he was the solicitor general of the state of texas before he became a u.s. senator and elected official and

he is incredible legal mind. i think he would be someone who would be exemplary of the sort of lawyer that we want arguing the case for the people of texas and the people of our respective states. todd: speaking of law we did original jurisdiction today we did laches and tomorrow the rest will of the materials here a.g. rutledge. we appreciate you to break down these concepts regularly. that's why we have you on. thank you. >> you bet. carley: we leave you with this a dad steps up and sings the national anthem at his son's basketball game after the sound system fails. watch. ♪ o say does that star-spangled banner yet wave many ♪ o'er the land of the free ♪ and the home of the brave ♪ [cheers and applause]

carley: wow. todd: therein ton brown singing with no microphone or music. as did you go into the weekend and worry about the state of our country, have that clip running through your head. we are not as bad as we seem sometimes. carley: good spending the morning with you. todd: likewise. carley: "fox & friends" starts right now. ♪. ainsley: to a fox news alert this morning president trump is demanding answers as to why the federal investigation into hunter biden was not widely reported until now after the election. griff jenkins is live with more, griff? griff: good morning, ainsley. let's put this into perspective this investigation into hunter began two years ago not publicly known. that was the same time when now president-elect biden was making statements like this during the debates. watch. >> my son has not made money in terms of this thing about what are you talking about, china? i have not had -- the only guy that made money f