tickets? todd: i threw them in the car badge because i lost the power ball this morning. jillian: download the fox news app. town load the camera and scan the qr code on your screen. todd: "fox & friends" starts right now. have a great one. ♪ ♪ >> the resolution is adopted without objection. [gavel] >> president trump is the first president to be impeached twice. >> 10 republicans voted with democrats. >> they are not rejecting a president. he is leaving office in a couple of days. they are rejecting the voters who supported him. >> has anyone been brought here to answer whether they did that because of our president? >> congressman brian mast, who lost his legs by the way fighting for democracy abroad -- although i don't know about his commitment here -- he says did anybody say that? >> the president denouncing violence and calling on supporters to respect the law. >> no true supporter of mine could ever endorse political violence.

>> twitter ceo jack dorsey defending his company's ban on president trump while making a shocking admission: quote having to take these actions sets a precedence that's dangerous. >> all they did is show us it's for of a power grab. that offended a lot of people. i think it's going to backfire. ♪ brian: here we go. we begin with a fox news alert. i don't know if you have heard but the house voted to impeach president trump for a second time. steve: this is the first time in american history that any u.s. president has been impeached more than once. ainsley: right, to the very end. griff jenkins is live in washington with more on this historic vote. griff? griff: historic, indeed. good morning, brian, ainsley and steve. 2ing 32 to 197 vote, will impeaching it will president trump for inciting an insurrection. they believe the president remains a danger. watch. >> he poses a continuing threat to our nation. to the intelling infantry at this of our elections and to our

democratic order. >> we are debating this historic measure at an actual crime scene and we wouldn't be here if it weren't for the president of the united states. >> he is capable of starting a civil war. he must be impeached. he must be stopped now. >> he must go. he is a clear and present danger to the nation that we all love. griff: it was historic for not just twice impeaching a president but most bipartisan vote in history. you see here 10 republicans that crossed the aisle creating division in the gop. >> my vote to impeach our sitting president is not a fear-based decision. i'm not choosing a side, i'm choosing truth. it's the only way to defeat fear. >> this doesn't europe night the country. there is no way this helps the nation deal with the terrible and tragic event of last week that we all condemn. >> president trump addressed the nation denouncing violence and calling for calm but not

addressing his own impeachment. >> mob violence goes against everything i believe in and everything our movement stands for. no true supporter of mine could ever endorse political violence. i am calling on all americans to overcome the passions of the moment and join together as one american people. let us choose to move forward united for the good of our families, our communities, and our country. griff: so what now? impeachment will head to the senate for a trial, but it won't happen immediately. majority leader mcconnell rejecting an emergency session push saying it will have to wait until after the inauguration. and it's unclear exactly where mcconnell stands. writing in a note to colleagues yesterday he says, quote: i have not made a final decision on how i will vote and i intend to listen to the legal arguments when they are presented to the senate. so the big question really is

how and when this actually happens. president-elect biden says he hopes the senate will do their constitutional duty while also addressing business. that business would include confirming nominees and helping him seat a government and his cabinet members. so we just don't know what happens next. but certainly a day that was historic indeed. brian, ainsley, steve? steve: no kidding, griff. all right. thank you very much. after the vote, apparently privately in the oval office, the president of the united states had a private ceremony where he awarded toby keith the national medal of arts. but we have not seen any of those images. the only thing we have seen from the president is that video that he cut where he denounced the violence. apparently his son-in-law, jared kushner, his daughter ivanka, his video guy dan ask a trivino and vice president pence all convinced him to film that video. they told him it could actually boost support with some

republicans. and they asked him not to mention impeachment and he did not. ultimately, as we just heard from griff, the message was very clear, violence is never good and his true followers would never be violent. the big question, ainsley, is had he cut that video a week earlier, would we be looking at him being impeached a second time? i don't know. ainsley: well, even when he is out, they want him out. seven more days, you know. and kevin mccarthy had a warning. he said impeachment will further divide the country during an already difficult time. ben domenech, who is the publicist for the federalist and is on our show a lot. he said this is not about rejecting president trump. it's 'rejecting all of his voter. listen to this. >> it's a 197-10 split. it's really putting the finger in the eye of all of these republican voters who came out and backed the president. you are telling them effectively, cnn is right about

you. jake tapper is right about you. all these people who said that you were racist, and the like they were right about you. when you are going along with this joke of an impeachment, with no process no, research, no evidence, it's one of these things where i just think you are insulting the very voters you need in order to build a coalition that can move forward. any politician looking at this has to understand they're not rejecting a president, he is leaving office in a couple of days. they are rejecting the voters who supported him. ainsley: he is a the publisher not the publicist. he is the co-founder. steve: when he comes on the program is he kind of a publisher, yeah, absolutely. ainsley: he is the co-founder of the federalist. but next week the senate because mitch mcconnell has rejected that emergency session the senate will meet on the 19th the day before inauguration. steve: if nancy pelosi hands the articles over to him. ainsley: that's true. she hasn't done that yet. a lot of people are saying push them over there make the senate meet quickly. they will meet on the 19th and

that's a pro-forum session. they won't be able to do any business. they won't be able to take this up until an hour after inauguration after president trump is already out. brian: physical steve scalise and jim jordan behind the president of the united states. is he a blilgt upset that more people have not stepped forward. very angry at kevin mccarthy for saying the president was wrong in this and how to roll in this but should not be impeached. if you want to censure him censure him you saw him run down and say that kind of extraordinary. kevin mccarthy was one of his first high profile allies he was saying things as he saw them. i just think if joe biden really wants people to believe he wants people together and america united which is a theme he has been talking about for the most part when he is not calling americans nafts is is. -- nazis.are here is an opporti called nancy pelosi this morning and i said we would like to end this lehr. here.i understand your point, i

understand your outrage but it's really important to get my cabinet nominees put in place and will. steve: confirmed. brian: come confirmed. i think it's really important for me to get together on another stimulus package and find a way to open up the country. now those democratic governors and mayors that were determined not to open up the country because it was too dangerous because of the virus, now realize i have a democratic president. now i can open the country. brian mast gets it. he is a veteran as you know from florida, won two terms already. here's his message and listen to the silence after he gives it on the house floor. >> on january 6th, thousands broke the law by taking siege of our capitol here with us inside. has any one of those individuals who brought violence on this capitol been brought here to answer whether they did that

because of our president? it appears i will receive no ape. i will yield my time back to the gentleman from ohio. brian: if you think about how this thing came together, there is so much we do not know. we do not know about this coordination. we do not understand how they knew where to go from jim clyburn's office which is not even labeled downtown. how they got the radios. what their actual goal was. if you look at every trump event. i have been to about 20 before he was president are, while he was president and while he was

trying to be president again. there was no violence. the only violence was when somebody came from the outside and be anti-trump and then you can debate that they stopped doing that once he became president. you didn't see that anymore. you just didn't think that there would be violence with a trump group. and there was. i still think there is so much to be done. the fact that they do a rocket pocket impeachment in a matter of one day what was it three minutes of debate from each side is outrageous. and i totally agree with victor davis hanson it cheapens the whole process. he even worries about republicans as i do as i mentioned yesterday getting power in the house and being upset about, i don't know, the will exsills tense of sanctuary cities or something that joe biden does that it's border wall but they have the majority so they will rocket it through. it cheapens the entire thing. steve: for brian mast to take 30 seconds out of his allotted time and devote it to making a point with that dead air he felt so

strongly about it he could have talked for 30 seconds. up stead he wanted to make the point and draw attention to his comments. did he draw attention. a guy on another channel who had this observation about brian mast. listen to it and see if you agree. >> we have video and i was just watching it as they were starting this vote -- of the people who were storming the capitol saying the president told us to come here. >> [laughter] right. >> that has happened. there is video of this. it is just exhibit a of the reams of evidence that we have. there is one other thing i wanted to share. >> just one other thing, that's relevant what you are saying right now is relevant because congressman brian mast a republican from florida who lost his legs by the way fighting for democracy abroad although i don't know what his -- i don't know about his commitment to it here in the united states. he said did anybody say that? steve: i don't know about his commitment to it here.

brian mast didn't like that and a lot of you didn't like that. perhaps some of you liked it. but brian mast tweeted this out. attention, jake tapper, i lost two legs for jake tapper's right to say whatever the hell he wants, but that free speech also protects the republicans he is so eager to condemn for asking constitutional questions about the election. and then jake tapper clapped back. ainsley: doubled down. steve: you are a hero for your service, and i'm grateful as i have said before. and, yes, i question the commitment to democracy of anyone who spreads election lies, signed on to that deranged texas attorney general lawsuit, and voted to commit sedition. you were not just asking questions. we will be asking questions of congressman brian mast from florida, retired army ranger. he's going to be coming up later on in the program. ainsley: listen, they have hated this president since day one. right after the inauguration in 2017, it took 20 minutes for

them to start talking about impeachment. it was all over the headlines, they have been talking about it the entire time. they got their wish twice. is he impeached. steve: they won. ainsley: seven days until he is out. even if you don't like him, he lost the election. he is out. isn't that enough? they have to go through all of this and republicans are complaining about the money this is costing us, the time it's wasted if the senate does take it up it's going to be weeks before they can even talk about confirmation. steve: you know what, ainsley, you know, i said a moment ago, they won. the democrats did win. ultimately though, impeachment is about removing somebody from an office. ainsley: um-huh. steve: he is going to be gone before they would be able to have any sort of a senate trial where, you know, they go we would just like to guarantee he can never run for office again. just being convicted in the senate does not guarantee that there has to be a subsequent vote after that. of course, it's just simple majority and given the fact that they have got a majority democrats will, that seems to be a done deal.

but, nonetheless, when you look at it, they did win. so what's the point? he's going to be a private citizen. he will be, brian, removed so why do it? ainsley: can i finish? brian mast, we love you. we appreciate what you did for this country. we lost both of your legs. you stepped on an ied in afghanistan and you are a true hero for that and you fought for the right to stand ton that floor and be able to say whatever you want for freedom of speech. brian: good lawmaker, extremely are works hard. he is a power player. stepping forward and not stepping back texas lawsuit. their contention was that texas did it right, florida did it right, ohio did it right. california did it right. and these other states changed their constitution at the last minute and did it wrong and therefore stifled that state's right to have a say in the election. the lawsuit failed. you are allowed to go through the legal process. nobody, i thought, was contending about that but the president decided to do that and i will tell you in the long run there are stories today about in

the "the washington post" and "new york times" that the president is just enraged about rudy giuliani demanding $20,000 a day and giving him some terrible legal advice and mounting some awful legal offenses. meanwhile, let's talk about the other story that is going to ripple after president trump is a private citizen. and that is the crackdown of big tech. we're wondering what twitter is doing besides losing a lot of their value. they have lost billions of dollars since they decided to ban done the president their ban the president number one customer even though they don't like him. ainsley: what a business model, right? my number one customer, you are out. steve: we only want to appeal to half the country. brian: right. so they have lost -- facebook has done the same ban. facebook has lost more valuation. maybe they feel they can get it back. maybe that's the reason why ceo and founder jack dorsey tweeted this out to further explain why he took the action he did, to shut down the president of the united states. and here it is. just roll it back so i can get

the very beginning. having to take these actions fragment the public conversation. they divide us. they limit the potential for clarification, redemption, and learning and sets a precedent, i feel, is dangerous. the power an individual or corporation over a part of the global public conversation. check' accountability on his power has always been the fact that a service like twitter is one of the small parts of the larger public conversation happening across the internet. if folks do not agree with our rules and enforcement, they can simple arely go to another internet service. the problem is number one opponent you had your own behemoth companies collaborate with unproven yet, to destroy parler whose ceo says yesterday number one in the app. store how mocked with an emoji when they got shelved said i don't know if we can come back. he went on. we are trying to do our part by finding an initiative around an open decentralized standard for social media. our goal is to be a client of the standards of that public

conversation layer of the internet. we call it blue sky. blue sky is a big x mark on the president. i think this is an extremely scary situation. and they are losing customers on a second by second basis. steve: do you know what, brian, i know a lot of people who don't do twitter and don't do social media. and they are just puzzled by all of this. however, it's very clear that twitter wanted to make sure that donald trump was not reelected. we heard in the fallout as silicon valley was doing most more items back in 2016 they were furious that he had won and that hillary rodham clinton had lost and they want to make sure that never happened. and did they change things? did they alter algorithm? a lot of people on the political right. brian: shadow banning. steve: shadow ban something a number of different things they have done to number of conservatives a number of

conservatives allege. nikki haley had this observation about what ultimately twitter is doing by banning trump. >> hear these companies talk about how their whole model is about free speech. yet, you just shut down, you know, the president of, you know, the most free country in the world. and, yet, you left iran and you left china up there. i just think it was a gut reaction. i think it was an emotional reaction. all it did was raise the tensions and the passions of all of the trump supporters higher and make things more dangerous. if they had taken their time and calmly introduced whether a they were thinking to the rest of the country, it would have been a different story. but all they did was show more of the power grab. and that offended a lot of people. i think it's going to backfire. steve: well, let's see what happens going forward. parler was born a couple of years ago as an answer to twitter. will somebody be able to build the infrastructure from top to bottom so you do not rely on the

third party vendors who might pull the plug? they could do that and have a complete unit, but then you are beholden to apple and to google, which both operate the app. stores. and if you do not have that app. store gismo right there, the emoji where you push it and you add it to your phone, how would you be able to do it? because effectively, that is how big tech, these monster monopolies are able to be the gate keepers to you. brian: or you go to google and gool is also in on it, too. these competitors collude together in order to stop just about anyone and if they can stop the president entirely, if the president wants to use the potus account, they stopped his twitter. if he goes use dan ask a trivinos if it's from the president they freeze it. that is flat out evil. ainsley: shutting counsel the conservative voices and it is dangerous. jack dorsey says it's dangerous and he admits that but still he is going to do it. back to top story the president

impeached for a second time how will this prove for the constitution? it jonathan turley is up next. ♪ i don't want shingles when i'm your age. actually, if you're 50 or older, you're at increased risk that's life, nothing you can do... uh, shingles can be prevented. shingles can be whaaaat? prevented. you can get vaccinated. where? at your pharmacy, your doctor's - hold on! don't want to go through that! 50 years or older? get vaccinated for shingles. now. every veteran family deserves to fulfill their dream of owning 50 yeaa homeolder? and to continue living that dream throughout their lives. at newday usa, we have va refinance loans to do just that. from refinancing to lower your monthly mortgage payments to refinancing and getting cash for your family.

whatever you need, we're here. ♪ ♪ z@(,g$(,ja=ú ♪ ♪ (quiet piano music) ♪ ♪ comfort in the extreme. the lincoln family of luxury suvs. new projects means new project managers. you need to hire. i need indeed. indeed you do. the moment you sponsor a job on indeed you get a short list of quality candidates

from our resume database. claim your seventy five dollar credit, when you post your first job at indeed.com/home. stressballs gummies with herbal ashwaganda help turn the stress life into your best life stress less live more with stressballs

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.

brian: 24 manipulates after the hour. back with a fox news alert. lawmakers voting to impeach president trump for a second time. but, what standard could this set for future presidents with the senate trial set for taking on the president once he is out of office? here to react fox news contributor george washington law professor jonathan turley. professor turley, you said this should georges-hunt forward for various reasons. you have been on every day every channel saying this is a problem. now that it's done what do you think? >> well, it has created a pathway for what i call the snap impeachment. they basically circumvented the

usual process of impeachment. they did not hold a hearing where the implications of the articles of impeachment could be considered. they did not give a formal opportunity for the president to respond in a hearing. and they didn't give any real opportunity to amend the language. they went straight to the floor and demanded a vote. and they did get 10 republicans to vote with them but it was largely a partisan vote. this can be used again in the future. i think that's very unfortunate. i have always said i don't hold people for viewing the president's conduct impeachable. i don't like the language of this article of impeachment. i think that it is sweeping and it could have serious repercussions in the future as people weaponize this process against other presidents. brian: mitch mcconnell majority leader another week i'm not coming back early. i'm not going to tell you how i'm going to vote.

what would be the next step with majority leader chuck schumer? >> well, it's going to get rather odd going forward. they will be holding a trial to remove a president who has already left. now, the constitution refers to this as a process of removal. you can disqualify somebody from future office but that is a supplemental punishment that can be added in a separate vote. so, there is going to be a threshold issue chief justice john roberts will have to decide. i have a column in "u.s.a. today" coming out today which is this really an impeachment trial when you don't -- with the current president is a different guy and so, roberts may be asked to make that decision as a threshold question and whether the senate simply doesn't have continuing jurisdiction once someone is a private citizen? brian: gotcha. >> it happened once before with

a from war in 1876 but he was acquitted. steve. brian: i heard there was a senator impeached twice second time he was out of office. they said he is already out of office senator blunt, i think. >> real quick, two things, they want to stop him from running again. if they want to do that they have to impeach him and then have a separate resolution to stop him from running again and that would just need a simple majority, correct? >> but i don't know if they have a vote even to get through conviction on this. you know, on the belt nap case, almost 50% of those senators voted an -- on an initial motion that they didn't think that this was a legitimate impeachment trial. and ultimately they went on to acquit him. so, this could be a repeat of that history. brian: unbelievable. we will see where we go from here. by the way we are in the middle of a pandemic. we have an economic crisis flourishing and vaccine not getting to the people fast enough and we have a president coming in that wants to unite the country. i'm not sure if that lines up

with an impeachment trial for someone out of office in terms of my things to do list. jonathan we need you more and more so get plenty of rest. >> thank you. brian: i will pick up "u.s.a. today" usually i get it outside of my hotel room but i don't stay in holts anymore. thank you. coming up straight ahead, some in the media claiming a double standard on violence condemning the capitol riot while justifying an entire summer of unrest. >> you can't compare what happened this summer to what happened at the capitol, it's two different things. brian: right. i'm sure. miranda dewine sounds off. the movie critics are calling, is coming home. she needs new memories. johanna! trelegy for copd. ♪ birds flyin' high you know how i feel ♪ ♪ breeze drifting on by you know how i feel ♪ [man: coughing]

♪ it's a new dawn, it's a new day... ♪ no matter how you got copd it's time to make a stand. ♪ ...and i'm feelin' good ♪ start a new day with trelegy. no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. it's time to start a new day. ask your doctor about once-daily trelegy. and save at trelegy.com.

♪ ♪ the chevy silverado trail boss. ask your doctor about once-daily trelegy. when you have a two-inch lift. when you have goodyear duratrac tires. when you have rancho shocks and an integrated dual exhaust. when you have all that, the last thing you'll need... is a road. the chevy silverado trail boss. ready to off-road, right from the factory.

i'm erin. -and i'm margo. we've always done things our own way. charted our own paths. i wasn't going to just back down from moderate to severe rheumatoid arthritis. psoriatic arthritis wasn't going to change who i am. when i learned that my joint pain could mean permanent joint damage, i asked about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. -play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress.

enbrel. eligible patients may pay as little as $5 per month. ainsley: some in the media putting a double standard on violence condemning last week's capitol riots while at the same time justifying an entire summer of anti-police unrest. >> you can't compare what happened this summer to what happened at the capitol. it's two different things. one built on people on racial justice. those are facts. go look at them. what happened at the capitol on wednesday was built on a lie perpetrated by the president. there are people who don't care, who don't like what was done. who don't believe the black people are justified, and it's why last week happened. ainsley: here to react is new york columnist and fox news contributor miranda dewine, good morning. >> good morning, ainsley. so toxic, isn't it. ainsley: after you hear that, what's your reaction? >> well, i mean, political

violence is never justified, no matter what the cause cause. there you have don lemon saying it is justified. that you can use violence that violent riot that we saw last year that terrorized half the country, where police were being physically attacked and blinded with lasers and having molotov cocktails and bricks thrown at them and many were injured where people were killed and stores were looted, that's fine. there is no problem with that. because don lemon believes in the cause. well, that's just wrong. and apart from which, you know, everybody agrees that what happened last week at capitol hill was wrong, that violence was wrong and also i agree with him that it was based on the cause was wrong. it was based on a false premise. on be a fiction that somehow the election result was going to be overturned. but equally, don lemon's

supposed facts about police being racist are also a fiction. you know, he doesn't get to choose his own fact he doesn't get to justify violence and at this point on cnn which should be ashamed of itself to stoke those fires it is so divisive and hypocritical double standard causes more division and begets more violence. ainsley: that's what the fear is. what happens going forward? we need to fix so much. how do you do that when you have so much divisiveness? >> well, i mean the only way you can do it is don lemon almost has it right, you have to be honest. and you have to see the other side and you have to stop stoking and condoning and normalizing violence and we saw it for months and months and months last year.

republicans and conservatives have been consistent the whole time. they were against the violence all last year and could not believe when the same people now who are ushering the national guard to protect them in washington where calling the president, president trump a fascist for call in the national guard. ainsley: meranda, thank you for being with us. >> thanks, ainsley. ainsley: democrats accused of dragging their feet for months over sim la relief. why were they able to impeach trump again in a matter of days. former congressman byron dodged on what this says about democrats priorities. ♪ 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. call us or visit us online. we're here for you. to veteran spouses everywhere we salute you. call us or visit us online. we salute how you balanced work, family and home life. we salute your courage. and your service. by offering you our service. newday usa specializes in helping you make the most of your va benefits. from home purchase to refinance. z&49 you know that look? that life of the party look walk it off look one more mile look reply all look own your look... ...with fewer lines. there's only one botox® cosmetic. it's the only one... ...fda approved... ...to temporarily make frown lines... ...crow's feet... ...and forehead lines... ...look better.

the effects of botox® cosmetic, may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects. so, give that just saw a puppy look. and whatever that look is. look like you... with fewer lines. see results at botoxcosmetic.com (vo) (sigh...) dear 2020, you had your time. now, it's our time. time to get away to a place where we can finally be free. free from boundaries... ...limitations. even virtual backgrounds. today, we break free.

ready to break free? plan your future getaway with norwegian cruise line. sail safe. feel free.

(gong rings) - this is joe. (combative yelling) he used to have bad breath. now, he uses a capful of therabreath fresh breath oral rinse to keep his breath smelling great, all day long. (combative yelling) therabreath, it's a better mouthwash. at walmart, target and other fine stores. ♪ steve: back with a fox news alert. more than 20,000 national guard troops will be deployed in d.c. ahead of president-elect biden's inauguration. already, thousands are camped out inside portions of the capitol complex.

ainsley: want to make sure everything is safe down there. steve: look at that. ainsley: comes after several threats week of siege leading up to the ceremony. brian: todd piro joins us. todd: steve, ainsley and brian, extreme steps leading up to joe biden's inauguration with 6600 national guardsmen already in d.c. showing the tweets lining the walls and the floors of the capitol building. some even sleeping there. there will be up to 20,000 national guard troops deployed. that is four times more troops in d.c. for the inauguration than in iraq and afghanistan combined. they are expected to be in place by this weekend as federal law enforcement tracks multiple threats for a, quote: week of siege. 2000 mayor muriel bowser facing threats herself and asking feds to cancel demonstration permits ahead of next week's inauguration president trump calling for peace. >> no true supporter of mine could ever endorse political violence. whether you are on the right or on the left, a democrat or a

republican. there is never a justification are for violence. no excuses no exceptions. todd: air bnb saying it has blocked and canceled all are in the area. if aa has seen uptick in unruly passengers since the riots. steve: they are trying to keep us safe. thank you very much, todd. let's bring in florida congressman byron donalds, congressman, good morning to you. >> good morning. how are you doing? steve: i'm doing okay. okay. so it's the morning after the president has been -- he has been impeached a second time. this is historic. and i'm looking at the republican party. and because 0 republicans broke ranks and voted with the democrats, a lot of the rank and file republicans are steamed at

them. how does the republican party pick themselves up, dust themselves off, and go forward? >> well, listen, i have got to tell you, i'm disappointed in my colleagues that decided to go with this snap impeachment like it's being called. the process was approaches. frankly there was no process. what you had was a bunch of members in the capitol. we are all upset about what happened on january 6th. there is no doubt about that. this was a snap rush to judgment. there was no process or ability. for members of my congress to go along with this i thought was just wrong. flat out wrong. they should not have done it. i don't care what happened in the capitol. it was wrong. it was a sin against our country. you don't do something like this. you don't have rush snap impeachment procedures. it was wrong and should have never happened. there should have been an opportunity for the president to defend himself. he was given no such opportunity. steve: congressman, in other words, had it happened a couple month ago where there would have been more time then it would

have been impeachment. >> if democrats wanted to bring those articles. if they could provide evidence. this is the key thick. they have to bring evidence. see, in our system of justice, in our system here in the united states, there has to be an opportunity for the accused to actually bring his side of the argument to prove to people that what he is being accused of is not true. is not accurate. if democrats who have control in the house of representatives want to bring articles of impeachment that's they would do: they can it with a phone call and that was ridiculous and baseless as well. we have seen democrats using impeachment as a political tool, as a political weapon. not something that is really about high crimes and misdemeanors. and the same thing occurred here. ainsley: is a montage of democrats making impeachment about race. listen to this. >> on january 6th, donald trump incited his white nationalist supporters to initiate an attempted coup against the hart of our democracy. >> racism played a direct role in this incitement. the president's rhetoric is

always at its most fevered pitch when he is talking about the civil rights and civic aspirations of back americans and other minority communities. >> president trump spent his presidency inflaming hate, white supremacy, are anti-semitism and violence. we proudly speak truth to power even in the face of a racist in chief. root out white supremacy starting with impeaching the white supremacist in chief. >> congressman, what's your reaction? >> i thought the language was outrageous. i thought it was awful. first of all, joe biden is a white man. for america he needs to understand. this the president-elect is a white man himself. so i don't even understand what this whole line is come from about white supremacy and so on and so forth. the second thing is this. is that you had black americans and had you hispanic americans who voted for donald trump who support donald trump as well. so i think that this line is something the left always does. they always try to bring race into something in order to weaponize their arguments to make people just frankly be quiet to shut up and to sit

down. it was wrong. flat out wrong for the members on the other side of the aisle to use that what happened in the capitol last week was wrong. it was a tragedy for our country. it was, in some respects, yes, an insurrection. but to use white supremacy and this language is also equally as wrong. and it's time that we as elected officials start using all of our lang wangeg, holding ourselves accountable for the words we are using here in the united states. brian: congressman, it was facebook and twitter in which these insurrectionists, these radicals got into that building. that's how they communicated. that's how they plotted and planned. why is parler paying the price? >> oh, because the left is -- what they are doing right now is using frankly, fascist policies to silence the right. that's exactly what's happening. look, when the ayatollah khomeini can have a tweet go out calling for the genocide of israel and twitter doesn't flag it and take it down, that shows you where twitter standards are. they have no starpdz. their standards are basically

what they feel politically that's for jack other at twitter or anybody else. it's very, very clear that if you have crerng civil speech from the right quote of america you are supposed to be quiet and removed from the public square. but the left can foment riots, they can do just about anything they want and there is no repercussions. brian: please don't be quiet. please keep speaking out. >> absolutely. you can count on it. steve: all right be congressman byron donalds joining us from beautiful fort meyers in florida, sir, thank you very much. >> thank you, phis. steve: all right, from florida to a blizzard. janice dean is tracking a big one. it's right over her shoulder in the midwest. janice: yeah, it's developing across the plain states and the upper midwest. that's where we have our blizzard warnings that have just been posted. let's get to it. we do have the system that's pushing across the northern plains. it's going to interact with a low coming out of canada. very powerful. look at all of the high wind

warnings in effect. not only the potential for high wind and wintry conditions but red flag warnings in effect for high fire danger across the plain states. so once this gets its act together. it's going to be quite a formidable storm bringing heavy snow, 4 to 8 inches, maybe 12 inches of snow, and then the winds, the winds are the main problem with gusts and sustained winds of over 35 miles per hour for a duration of sometime. and that's why we have our blizzard warnings in effect. travel will be impossible in some of these areas. so just pay attention to your local forecast, and we will keep you up to date. steve, ainsley, brian, back to you. ainsley: thank you so much, janice. still ahead, silence the press? progressive democrats say it's time government reign in the media. joe concha on the slippery slope of censorship, next. ♪ her back. i don't want shingles when i'm your age. actually, if you're 50 or older,

you're at increased risk that's life, nothing you can do... uh, shingles can be prevented. shingles can be whaaaat? prevented. you can get vaccinated. where? at your pharmacy, your doctor's - hold on! don't want to go through that! 50 years or older? get vaccinated for shingles. now. if these beautiful idaho potato recipes are just side dishes, 50 years or older? then i'm not a real idaho potato farmer. genuine idaho potatoes not just a side dish anymore. always look for the grown in idaho seal. dry, distressed skin that struggles? new aveeno® restorative skin therapy. with our highest concentration of prebiotic oat intensely moisturizes over time to improve skin's resilience. aveeno® healthy. it's our nature™.

♪ jillian: good morning to you back with quick headlines now. overnight the fbi releasing new photos of people wanted in the capitol riot asking the republic to help identify them. it comes as seven more people are charged in the chaos. one of them is olympic gold medal swimmer cleat keller. a picture shows him at the picture wearing a jacket with

the u.s. olympic team patch on it. keller faces several charges including violent entry on capitol grounds. overnight researchers with the world health organization arrive in wuhan. the 10-member team is in the city to investigate the origin of coronavirus. the researchers are from around the world including the u.s. each of them approved by china's president. they will work over video conference while quarantining for two weeks. they arrive as china puts more than 22 million people on lockdown in hebei province. steve: some progressive democrats are taking it one step further pushing a new initiative to reign in the free press. >> there is absolutely a commission that is being discussed. several members of congress andn in some of my discussion have brought up media literacy

because that is a part of what happened here. we're going to have to figure out how we reign in our media environment so that you can't just spew disinformation and misinformation. steve: all right. fox news contributor and media opinion columnist for the hill joe concha joins us right now. joe, good morning to you. >> good morning, steve. how is it going? steve: it's going okay. although i'm a little troubled why that kind of suggestion. reign in the media okay. she can say that but who would design what media gets reigned in? >> proposal she wants to basically establish a ministry of truth. we have all read 1984. and, you know, to determine what is truth and what is not. who sit on this committee exactly, i'm curious, that she is talking about? eric swalwell? adam schiff? because they seem to have some challenges when it comes to telling the truth. and how does ms. ocasio-cortez

define truth, exactly? she was asked in a cnn interview, this was a couple years as after she was fact checked on very dubious claims about those particular claims and she said, quote. people want to blow up one figure here or a word there i would argue they are miss guilty the forest for the trees. i think there is a lot of people concerned with being factually semantically correct than being morally right. so it's not about being factually correct it's about what she says as being right and wrong from a moral perspective. so, let's say if i want to argue against defunding the police or adding two states which therefore would add four democratic senators, does that make me morally wrong and therefore do i have to testify before this committee? am i pulled off the air? so this is the type of thing where when you have a trackly controlled washington, congress, senate and white house, this sort of thing in terms of government regulating speech to stay in china or north carolina or, i don't know, in 1984, it's just actually stunning how many

people are ignoring the statements she made yesterday. steve: one of the things she said as well she wants to make sure people can't spew disinformation and misinformation. you know, let's go back in history. people were spewing miss information or disinformation or simply spinning it to their side of thinking since we arrived in this country. >> yeah, precisions spin from time to time, right? steve: just a little. >> for example, ms. alexandria ocasio-cortez was asked this is pre-pandemic do you give president trump credit for the record low unemployment we have? she said with a straight face only reason why unemployment is so lee people work two jobs. last check that's not not how unemployment works the number of jobs that you work. the fact that she is going to get away saying this and all the people screaming about free press and free speech have been awfully silent so far because

the 11th commandment, steve, is thousand shall not criticize the congresswoman from the 14th district of new york. steve: the scary thing is there are some people who with a hear her say those things and think you know what? that's probably a good idea. >> right, exactly. because it goes against conservatives and runs along that team that we are seeing with social media. anyway got to go i don't know if you heard there is a skunk in the neighborhood and apparently chase the dog was a partial victim so we have got to get that all scrubbed away with tomato juice i believe they used. steve: i didn't hear about it i smelled it. i live in joe's neighborhood. joe, thank you very much. have a good weekend. coming up as you can see right there, steve scalise, brian mast, jim justice, tammy bruce, dr. saphier and you will be right back. ♪ ♪ ♪ nothing is everything ♪

woman: keep your skin clearer with skyrizi. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. of those, nearly 9 out of 10 sustained it through 1 year. and skyrizi is 4 doses a year, after 2 starter doses. ♪ i see nothing in a different way ♪ ♪ and it's my moment so i just gotta say ♪ ♪ nothing is everything ♪ skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms such as fevers, sweats, chills, muscle aches, or coughs or if you plan to, or recently received a vaccine. ♪ nothing is everything ♪ woman: now is the time to ask your dermatologist about skyrizi.

it's time for the lowest prices of the season on the sleep number 360 smart bed.

you can adjust your comfort on both sides... your sleep number setting. ♪ nothing is everything ♪ can it help me fall asleep faster? yes, by gently warming your feet. but, can it help keep me asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. will it help me keep up with mom? you got this. so, you can really promise better sleep? not promise. ...prove. don't miss our weekend special, the queen sleep number 360 c2 smart bed is only $899. plus, 0% interest for 36 months & free premium delivery when you add a base. ends monday. vicks vapopatch. easy to wear with soothing vicks vapors for her, for you, for the whole family. trusted soothing vapors, from vicks

>> he must go the house voted to impeach president trump for a second time. [gavel] griff: 10 republicans crossed the aisle. >> it's going to get rather odd going forward because they will be holding a trial to remove a president who has already left. >> it prosecuted blm rioters across the country with the same determination this incident may not have happened. >> you can't compare what happened this summer. one was built on racial justice. the other at the cop toll was built on a lie. >> double standard it causes more division and beget more violence. >> washington is taking extreme protection measures in the days leading up to joe biden's inauguration. >> president trump asking for peace.

>> no true supporter of mine could ever endorse political violence. >> my prayers, madam speaker, still with capitol police officer sicknick and leavengood. they are true heroes and they deserve all of our applause. [applause] steve: 7:01 in the east and we start with a fox news alert on this thursday morning. the house of representatives yesterday voted to impeach president trump for a second time. ainsley: this is the first time in u.s. history that any president has become impeached more than once. brian: it was a fait accompli because they have the majority in the house. griff general kiss in washington with more on the vote yesterday afternoon. griff: brian, ainsley and steve, good morning. history indeed made. the vote as you saw on the screen there 232 to 197. the offense inciting insurrection. it comes one week after the capitol riots. democrats also yesterday adding they believe president trump remains a danger. listen. >> he poses a continuing threat

to our nation, to the integrity of our elections and to our democratic order. >> we are debating this historic measure at an actual crime scene and we wouldn't be here if it weren't for the president of the united states. >> he is capable of starting a civil war. he must be impeached. he must be stopped now. >> he must go. he is a clear and present danger to the nation that we all love. >> it was historic, also, because it was the most bipartisan vote in history. you see here the 10 republicans that crossed the aisle among them congresswoman herrera beutler. >> my vote to impeach is not a fear based decision i'm not choosing a side. i'm choosing truth. it's the only way to defeat father. griff: after the dust settled president trump addressed the nation denouncing the violence and calling for calm but not addressing the impeachment. >> mob violence goes against everything i believe in and everything our movement stands

for. no true supporter of mine could ever endorse political violence. i am calling on all americans to overcome the passions of the moment and join together as one american people. let us choose to move forward united for the good of our families, our communities, and our country. griff: how it heads to the senate for a trial. but majority leader mitch mcconnell says it will have to wait until after the inauguration. it's unclear where mcdonnell stands writing in a note to his colleagues, quote: i have not made a final decision on how i will vote and i intend to listen to the legal arguments when they're presented to the senate. so, when does a trial begin? well, that's unclear. the earliest it would start is january 19th. but whenever it does start, it will compete with the senate's other business and that's confirming biden nominees in one scenario i am told, guys, the

senate parliamentarian could choose to let the senate split their day's business half of the time on impeachment trial of the past administration. the other looking ahead confirming nominees, brian, ainsley, steve? ainsley: oh, that's interesting. will. ainsley: worried about criticism. focusing on impeachment and not foe using on stimulus and getting our economy back. all right. thank you so much. so there were 10 g.o.p. members that voted to impeach and i think we have pictures of those representatives that we can put up. do we have those, guys? they decided we want him impeached. we are not happy with what happened at the capitol. some of them said they are not happy with what happened in georgia and his rhetoric. in fact, mitch mcconnell's associates are saying those are two of the reasons he is still not sure if he would impeach. but we had jonathan turley on earlier. and he made a good argument. because, in the house you don't have to have evidence and you don't have to have lawyers. you just have to have the majority of the vote. listen to jonathan turley. >> they just created a pathway

for what i call the snap impeachment they basically sir couple vented the usual process of impeachment. they did not hold a hearing. they did not give a formal opportunity for the president to respond in a hearing. and they didn't give any real opportunity to amend the language. they went straight to the floor and demanded a vote. i think that it is sweeping and it could have serious repercussions in the future as people weaponize the process against other presidents. ainsley: until the bitter end. he only has seven days left and they hate him so much they wanted to impeach him again just to prove a point. even when he is out they want him out, brian. brian: republican infighting liz cheney as smart and determined and strong as anybody in the house. third ranking member of the republican side, came out and said listen i think the president should be impeached. i think is an impeachable offense. at the same time matte gates

attacked her and dan crenshaw said listen i didn't vote to impeach. whatever you do, he put it in twitter do not go after liz cheney. she is impeccable in terms of her values and ethics and i for one agree. you could disagree with the vote, which i do. but no one can touch her and i think she has a bright future. she might be the next speaker. if you watched it yesterday, and i hope you didn't, it was like a 5 minute therapy session where for five minutes you talked with what it means to you and then for five minutes you talk about what it means to them. and what it means to the country and they were able to bring up everything about the president because they passed a special rule prior to that the one there who were running things is one of the best arguers, one of the president's best defenders jim jordan. he talked about this whole push, it isn't just about what happened last wednesday. it's about president trump winning from day one they have been trying to get him impeached. literally from day one they offered articles of impeachment. ainsley: 19 manipulates in. brian: yeah. listen to jim jordan. >>this is about getting the president of the united states.

they spied on his campaign before he was elected. 19 manipulates into his presidency, they started the impeachment push. now it's impeachment round 2. it's always been about getting the president, not just impeachment anymore. it's about canceling, as i have said. canceling the president and anyone that disagrees with them. the ayatollah can tweet. the president can't. democrats can object on january 6 of the, 2017, but republicans aren't allowed to object on january 6th, 021. democrats say antifa is a myth, republicans condemn all violence all the time. the double standard has to stop. and frankly the attack on the first amendment has to stop. if it continues, it won't just be republicans who get canceled. it went just be the president of the united states. brian: frank luntz did informal poll about trump voters. he said listen, after everything that's happened since november 3rd, he lost. the claims of it's a fraud and it's been stolen, how do you feel about the president?

90% still with the president. i think mitch mcconnell and jim jordan who gets it and others should realize you may not like the president. but his supporters do. if republicans want to see a brighter day maybe they could understand that there is a lot of great people supporting the president that are still in his corner. you might not believe it if you don't get out of washington. but they are still standing there many of which never thought about going to washington, d.c. let alone storming the capitol. steve: the real fallout the immediate fallout aside from some in the republican caucus causing for liz cheney to get booted from leadership and she said yesterday that's not going to happen. the real fallout is the fact that after that house vote last week on the day of the riots, so many republicans voted not to allow the certification of the electoral college vote. and then a bunch of fortune 500 companies said you know what? we are not going to donate anymore to these republicans who

supported that which ultimately led to, you know, was on the same day as that because they feel it is not. brian: could be liberating. imagine running for office and feel you don't owe corporate america anything? steve: that would be idealistic and great but probably not. ainsley: how do you run if you don't have money are. brian: you don't think people have won. ainsley: look at georgia are so much money poured in from big tech. brian: the money was the president going after the republican governor and the picking. ainsley: that was part it. you couldn't watch tv down there without seeing every single commercial was about one of the candidates. brian: $500 million. steve: congressman shake the money tree every day because it's so expensive. in the house of representatives, they have to run every two years. here's the answer to your question, brian. regarding corporate america. have you got kevin mccarthy, the leader on the republican side two hours after the vote, he held a conference call on the

phone with his biggest supporters just to take the temperature and see how they felt. and he said he wanted to reassure them. he said you know what? i have called joe biden and i said we are ready to work with the incoming administration. he also assured them that antifa had nothing to do with it and he said that donald trump deserved some of the responsibility of the attacks. okay. so, as the republicans try to fix their caucus, which is fractured, ultimately, what about joe biden? we have heard him say for the last month his theme is going to be unity. do you know what he could do if he simply did this, it would be very popular with a lot of the country because half the country is angry of what they saw yesterday. because they voted for donald trump. and if if joe wants unity, joe could take credit if he suggested to the senate, you know what? impeachment is removing the president. he is out of office.

no senate trial, and if they went along with that, joe biden's popularity would skyrocket. he has already got the political left but it's the people in the middle, the independents who want washington to get something done they gold, you know what? that's good. i like joe biden for doing that do you know who else could benefit? maybe -- maybe congress could. who always has the lowest approval rating? congress. make it look as if, all right. donald trump was impeached, and we have moved on. and i think a lot of people, particularly the people who were heart broken by what happened yesterday, would be happy that we have turned the page and go to 2021 rather than litigate what happened last week. ainsley: i don't think that's going to happen. steve: it would be great if it did. ainsley: they would rather impeach him and then he can't come back and run again, i don't believe. steve: they would have to pass a separate resolution. ainsley: and they would do that. over the next four years though if they tank the economy, if

they don't bring business back, if it's not positive for america. steve: joe biden wants to bring us all together. you know what, yump he was impeached twice. ainsley: it that could mean donald trump could come back and run against limb in 2024. i don't think he is going to do it. i think they want to impeach him. yesterday, charles payne had on the business channel, he had the town hall. and he was on with, i think brian you interviewed. steve: future of capitollism. ainsley: he had the ceo of goya. he has been on the news a lot. we see them all over the growth grocery store now. i didn't know much about them until they had that controversy and people bought everything. so now i see them all over the grocery store. steve: buy companies cott. ainsley: iceberg of communism of is ahead of us. it could sink america. listen to this. >> all businesses are essential. >> right. >> and we close down the businesses and economy, we all die. we have made a hard turn to the

left. we have got the iceberg of communism ahead of us. communism on paper works out great except that it appears the few that want to control tried to be controlled -- people control the masses. ainsley: he went on to say all businesses are essential because of we are considered essential workers we hear people say why aren't we all essential? because my pay check is essential to feed my family and pay my bills. during this pandemic they donated was it 4 million pounds of food and they decided to stay open. britain brian here's the thing if you want the best example of the different approaches to coming out of the pandemic, americans want to work their way out of it. they want this lockdown to end. they want the vaccine distributed. they want to be open up responsibly their business. ainsley: normalcy. brian: all i hear from democrat is i'm going to give them more money $2,000 check. i'm going to say they don't have to pay their rent. what about the landlords?

i'm going to alleviate student debt? what about the 3-year-olds that just spent 10 years working their butts off to pay off their student debt? what about the 40-year-old medical student too long all that and all those sacrifices. giving an american is the easy way out is not the right way. allowing them to work their way out. you lock counsel six weeks three month to bend the curve. we are almost on a year now and you want to forgive us $2,000 -s $2,000 and thank you. i don't want 2,000. let me open up my restaurant office building. ride the train and subway and then the tax system, the american system will get going. the longer weigh stay out the longer we will be dependent on be free money which is money we don't have because we have no tax dollars rolling in. steve: you are speaking from the new york point of view. brian: american point of view.

steve: christmas for a few weeks. not to worry. but florida is wide open. every business wide open. restaurants 100 percent. you look at the regulations that are keeping certain localities locked down and, you know, that's why so many people are frustrated. brian: california, michigan are almost totally shut down. steve: just depend. brian: democratic governors are screwing up this country. and now that you have a democratic president you can stop pretending as if we still have to hunker in place. ainsley: those are some excellent points, brian. steve: listen, a lot going on and there are other headlines as well and for that we turn now to jillian with the headline. jillian: good morning, that's right. let's begin with this. more than 20,000 national guard troops will deploy to d.c. ahead of president-elect biden's inauguration. it comes as federal law enforcement tracks multiple threats for a, quote, week of siege, leading up to the ceremony. there are about 600 national guardsmen in d.c. thousands more

deployed by the weekend. president trump is calling for peace leading up to the ceremony. to extreme weather, a powerful storm hitting 11 million people across the pacific northwest. 70 mile-per-hour winds ripping trees from their roots causing damage to countless homes. a woman in washington state died after a tree fell on her car and trapped her inside. look at that photo. in oregon, flash flooding causing major concern. a woman now missing after a landslide swept her car right off the road. parler's ceo fears the app. may never return after being cut off by major service providers. >> it is a real threat. i mean, we're going to fight and do everything possible to come back as soon as possible. it could be never. we don't know yet. jillian: amazon claims parler failed to effectively moderate violent content. parler is now filing suit against the tech giant while it works with other internet hosting service was to try to get back online. and in the nfl drew brees says

he is ready for his history channel matchup against fellow veteran tom brady. the two quarterbacks square off this sunday in the nfc playoffs. breeze's comments come after tom brady posted this people online. brady had 3, wreez turns 42 tomorrow happy. watch the saints and bucks collide this sunday. will packers host the rams. those games will be only on fox. never gets old seeing that photo. brian: i don't know how those guys do it. how they are not aging. they are not just throwing the ball. they are. ainsley: what is the average three years. brian: less, a year and a half. ainsley: they are both so successful. steve: they're legend. ainsley: is he in late 30's and tom bread. brian: brees is turning 40 going to nbc at the end of the year. tom brady is coming back and playing again. ainsley: good for him. brian: thanks, jillian. ainsley: still ahead, nancy

pelosi making this argument for impeachment 2.0. >> we know that the president of the united states incited this insurrection. this armed rebellion against our common country. ainsley: a former prosecutor pointings out a major flaw in her article. that's next. shingles? dios mio. so much pain. maria had to do everything for me. she had these awful blisters on her back. i don't want shingles when i'm your age. actually, if you're 50 or older, you're at increased risk that's life, nothing you can do... uh, shingles can be prevented. shingles can be whaaaat? prevented. you can get vaccinated. where? at your pharmacy, your doctor's - hold on! don't want to go through that! 50 years or older? get vaccinated for shingles. now.

research shows people remember commercials with nostalgia. 50 years or older? so to help you remember that liberty mutual customizes your home insurance, here's one that'll really take you back. it's customized home insurance from liberty mutual! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes

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

keeping your oysters business growing has you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo

steve: back with a fox news alert. the house voting to impeach president trump for incrime of insurrection during the capitol hill riot but our next guest who is an expert in criminal cases involving protests at the capitol argues the president isn't guilty and says the proof is in his own words. >> i know everyone here will soon be marching over to the capitol building to peacefully

and patriotly make your recognizes heard. voicevos heard. steve: scott shapiro joins us from florida to explain. good morning to you, sir. >> good morning, steve. steve: tell us a little bit i know you wrote an article in the "wall street journal" talking about how president trump did not cite the insurrection that happened there no trump isn't guilty of incrime, you say. and why do you say that? >> well, i say that, steve, because incitement has a very specific meaning under the law as adjudicated by the u.s. supreme court in a touch stone case called brandenburg vs. ohio. i was a prosecutor in the district of columbia i prosecuted many unlawful protester cases so much that the antiwar group code pink nicknamed me the protester prosecutor. i prosecuted hundreds of unlawful protesters in several different mass trials. i always won because i was also part of the charging decision

and as many cases as i prosecuted, steve, i actually dropped many more because the incitement requirement as an element in disorderly conduct or unlawful assembly or any of those charges in the district of columbia is very, very, very high. and the reason for that, steve, is that the u.s. supreme court does not want to criminalize speech unless it's absolutely necessary. so the standard became very high in 1969 with brandenburg vs. ohio the speaker must incite a crowd to imminent lawless action. it has to be words that are likely to produce violence. steve: right. and we did not hear those specific words. but are jeffrey, i tell you, i saw a video yesterday where some of these reuters are right there at the capitol and they are being confronted and they go we were invited. we were invited here by the president of the united states. they felt as if after hearing the hour plus speech say, you

know, thank you for fighting for me now go up to capitol hill and give those people a peace of your mind. and they did. >> right. well, what you are talking about is a much older standard that i think is now extinct. it's the clear and present danger standard. bad tennessee den is i standard that existed more than 100 years ago that if there is a hostile situation or the country is at war and a speaker starts talking and their words somehow have an effect, a magical effect on a crowd and that's the way they interpret it they can be reliable. the reason the court turned that around, steve, we don't want to hold people in this country libel for the subjective interpretation of a listener listener. it has to be the objective words spoken by a earthquake spoo. in this case the president made it clear we are going to peacefully march to the capitol and cheer for senators, not attack senators. there is a very distinguishable difference. congress cannot change the constitutional standards set by the u.s. supreme court.

in my opinion, that would be overreaching and potentially violate the separation of powers doctrine. steve: sure, but you left of center are talking about as a former federal prosecutor, you are talking about cases that were adjudicated are in the court system. what -- impeachment is not judicial, it is political,. >> well, here's the thing about that. the notion that congress can create its own charges comes from a line of thinking that the president or federal officials can be charged with crimes when they call mall administration. because we are probably not going to charge a president of the united states with jay walking or murder, right? so we have charged them with abuse of power. obstruction of congress. >> these sort of creative mall dre administrative charges that congress makes up. in this case congress is not creating charges in mall administration. charging the president of the united states with an element that comes out of the criminal code in the district of columbia or the u.s. code and they are changing the interpretation that the u.s. supreme court has

already adjudicated. so, again, i think what they're doing is they are taking this a step further and saying we don't care how the u.s. supreme court has interpreted incrime. this is the congressional star chamber version of incrime and we are going to apply it the way we want to apply it. and i don't think you can do that. steve: all right. once upon a time he was known as the protester prosecutor, now just jeffrey scott shapiro former prosecutor. thank you for joining us from boynton beach; >> thank you. steve: coming up on this thursday another major platform banning president trump permanently. why next guest says we need a an internet bill of rights before it is too late. ♪ once daily sunosi improves wakefulness in adults with excessive daytime sleepiness due to obstructive sleep apnea.

sunosi worked for up to nine hours at 12 weeks in a clinical study. sunosi does not treat the cause of osa or take the place of your cpap. continue to use any treatments or devices as prescribed by your doctor. don't take sunosi if you've taken an maoi in the last 14 days. sunosi may increase blood pressure and heart rate, which can increase your risk of heart attack, stroke, heart failure, or death. tell your doctor if you have a heart condition or high blood pressure. sunosi can cause symptoms such as anxiety, problems sleeping, irritability, and agitation. other common side effects include headache, nausea, and decreased appetite. tell your doctor if you develop any of these, as your dose may need to be adjusted or stopped. amazing things happen during the day. sunosi can help you stay awake for whatever amazes you. visit sunosi.com and talk to your doctor about sunosi today.

♪ ♪ ♪ ♪ (quiet piano music) ♪ ♪ comfort in the extreme. the lincoln family of luxury suvs.

something great from mr. clean. stop struggling to clean tough messes with sprays. try clean freak! it has three times the cleaning power of the leading spray to dissolve kitchen grease on contact. and it's great for bathrooms! just keep pumping the power nozzle to release

a continuous burst of mist and make quick work of big jobs. it even works on stainless steel. it cuts through 100% of dirt, grease and grime. available with easy-to-swap refills. to get three times the cleaning power, try clean freak from mr. clean. ainsley: snapchat is now the latest social media platform taking president trump offline permanently. the company says his account broke rules on misinformation, hate speech and glorifying or inciting violence. next guest says it's time for an internet bill of rights. monica eton car don't is the co-founder and coo of charge back 911 which is e-commerce company that imagines she joins

us now. good morning, monica. >> good morning. the. ainsley: what changes would you like to see. >> if we take a look at the core root of the problem today, it has to do with updated rules or the lack of updated rules and regulation. and what we have, you know, today social media is absolutely a vital means of communication on way many are work responsibilities online and internet. internet is becoming a utility very similar to electricity. will giving some of these the ability to enforce their own regulations pause of the pressure that they're feeling from the democrats and the risk that they perceive as a result, if they don't pander to some of these requests is really creating a worse scenario.

and i think with an updated bill of rights bill of rights to protect consumers it isn't a situation of a democrat issue or a republican issue, this is an american issue that is derived from american values. ainsley: laws are not keeping up. will anything change? doesn't this go back to elections have consequences. we have lawmakers and they are getting a lot of mope from big tech. wig tech gave so much money to the democrats in georgia. if we have a democrat controlled house and senate, how is any of that going to happen? how are we going to see changes? >> again root cause of the problem outdated rules and regulations. there is not enough privacy that protect consumers. we can't allow these big tech -- tech is not an enemy, first of all. ainsley: right. >> all of our technology can actually be used for a greater good. we have ai.

machine learning. there is successful strategies to help police, you know, the buyer environment so we establish a very, you know, a very fair platform for free speech. this is something that is absolutely necessary and crucial for the american public. ainsley: many would argue it's not fair when you see what's happening to conservative voices. parler being shut down because competition or maybe it is because some of the rhetoric is inciting violence but yet, you have got twitter and they are condemning parler but they are doing the i have a same thing when the ayatollah is able to say or allowing kill trump to last and they are not blocking that with a smiley face emoji. what would you change? what would be in your bill of right? >> so, i have 10 different items in the bill of rights. but i think the most important are the first four. first, you know, private browsing history. you know, if we look at, you

know, all the different pii or personal information digital content. left of center this is the second one. that should also be private and personally owned by the individual. >> ainsley: um-huh. >> third, ownership of personal data. and no censoring. we should have a completely neutral platform so there shouldn't be censoring. if we censor sore things or we allow these tech companies to self-regulate we are going to be -- it's going to be actually a worse situation than we currently have today. and we could end up with even more chaos and corruption. what needs to be done again is updating rules and regulation. and then the fourth is no censoring as i said for political platforms. we know issues with leads being sold from larger.

social media platforms being used in malicious ways to swept sway the public one way or another. i'm definitely not saying i agree with that. the problem is without government stepping in and establishing and updating all of the rules and regulations to actually align with our society today, which we can't get rid of the internet. we have free speech. this is an american value. we're not going to -- we're not going to be in a better place. we're actually putting power in hands that are really susceptible. they are biased. and it will definitely get worse. ainsley: monica, thanks for being with us. >> thank you. ains 80s you are welcome. 36 minutes after the top of the hour. coming up they saved his life on a the congressional basic field after a gunman opened fire in 2017. capitol police hailed as his or hers yet again. congressman steve scalise joins us with a message next. >> they are true heroes.

and they deserve all of our applause. [applause] actually, if you're 50 or older, you're at increased risk that's life, nothing you can do... uh, shingles can be prevented. shingles can be whaaaat? prevented. you can get vaccinated. where? at your pharmacy, your doctor's - hold on! don't want to go through that! 50 years or older? get vaccinated for shingles. now. every veteran family deserves to fulfill their dream of owning 50 yeaa homeolder? and to continue living that dream throughout their lives. at newday usa, we have va refinance loans to do just that. from refinancing to lower your monthly mortgage payments to refinancing and getting cash for your family.

whatever you need, we're here.

what were the odds you would even be you? with your uniquely-you sneeze. and, your uniquely-you health needs? 1 in 400 trillion. roughly. that's why walgreens created something new. with personalized, real-time health alerts. cash rewards on...everything. and pickup in as little as 30 minutes. introducing mywalgreens. a whole new way to wellness. do you have a life insurance policy you no longer need? now you can sell your policy, even a term policy, for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized that we needed a way to supplement our income. if you have one hundred thousand dollars or more of life insurance you may qualify to sell your policy. don't cancel or let your policy lapse without finding out what it's worth.

visit conventrydirect.com to find out if you policy qualifies. or call the number on your screen. coventry direct, redefining insurance.

♪ >> my prayers, madam speaker, still with capitol police officer sicknick and leefn good, who we lost, as well as all of the capitol police officers who risked their lives to keep us safe. they are true heroes. and they deserve all of our applause today. i have seen the dark evil of political violence firsthand. and it needs to stop. but all of us need to be unequivocal in calling it out every single time we see it. brian: absolutely. the person who shot steve scalise was a bernie sanders supporter. i don't know anybody and nor should they have blamed bernie

sanders for that. let's bring in house minority whip steve scalise. congressman, you wrote an op-ed about that. you spoke about that yesterday. and you did not vote for impeachment. neither did kevin mccarthy. kevin mccarthy did come out and say the president played a role in this. this does not mean the president is free from fault. the president bears responsibility and should denounce the mob and facts require immediate action. he said the president should be censured for his speech, i guess, and for the crowd. >> he told to march. you don't -- do you disagree with kevin on that. >> first of all, good morning. steve: good morning. >> what i talked about was that any rejection of this kind of violence needs to be unequivocal. you can't say well, this happened but you have got to say it is wrong anybody who resorts to violence. we have called it out by the way last week what happened was an insurrection. the people that stormed the capitol that attacked our capitol police, over 50 capitol

police officers were injured in that attack. i mean, if you are going over police officers and crawling through windows, you are not a guest in a building anymore. you have literally violated the law. many of them have already been caught and they are being arrested as needs to be the case. but what we didn't see and this is really the point i was making was that we call it out when it happens on both sides. when you see all of these democrats that are only calling it out now, they did not call it out during the summer. in fact, some of them were encouraging some of the violence we saw over the summer. fanning those flames. you can't have it both ways. you have got to be consistenty calling out violence. none of us should support that. brian: do you differ from kevin mccarthy are on that supporting censor and the president is not free from fault? >> well, there is no censure before the congress, all they brought forward was impeachment. which i opposed. one of the things we also called for and we actually pushed a vote on this yesterday was to

get an actual commission to look into what happened at every angle. there has been no investigation into this. they literal i did an impeachment without even a hearing in committee. that's never happened in the history of our country. if they really wanted the facts and they think the facts are on their side they would have done that and held a hearing and gotten all of this out there because we know by the way the senate is not even going to take it up at the earliest until the 1st or 20th next week. so there was time to have hearings. they didn't want that. they just want to keep ratcheting up the rhetoric and what i have talked about is we need to be focused on toning down the rhetoric right now because people are afraid when you talk to the -- you know, folks all around the country, people are very much on edge. we need to ratchet the rhetoric down. steve: right. and the 74 million americans who voted for donald trump what they saw yesterday broke their heart. ultimately he was impeached for a second time. but impeachment, congressman scalise, is all about removing

somebody an official from office. by the time the senate gets around to this the president will be the former president. i know they don't really like the president of the united states on the democratic side but wouldn't -- couldn't joe biden be a real uniter if he said you know what, senate, donald trump is out of office, he is never going to run again. let's move on. let's pick up my agenda. let's get my people confirmed to the -- by the senate and things like that let's turn the page. >> i think there is a moment for joe biden to do that. and i think that in and of itself would cause some more healing. but to, again, just to keep going after this president over and over again when they know he is going to be out of office by the time it's even taken up by the senate, the country wants to heal. the country and, again, there are millions of people that are disgusted by what they saw last week at the capitol, but they are also angry with four years of a constant barrage against

this president. all of the russian hoax what the fbi did to entrap him some agents at the fbi during the election. the impeachment homosexual. it was just every single day nonending ba run a for four years it's it's weighed on millions and millions of people disgusted by last week but disgusted by last four years accumulated all of that has come together in a situation in our country that need need to be focused on diffusing not continuing to add gas reason to a fire. ainsley: what was your reaction when you heard there were going to be 10 republicans who were going to vote for impeachment? there they are. >> if you look at the stories earlier this week, they were sayings it was going to be a tsunami, literally a number of publications said it was going to be a tsunami that was their word they used of republicans voting for it i never saw that

it was always going to be a very small close to 9 and 12 members. that's where we ended up. at the end of the day, you know, you saw a lot of members who just said this is enough. i mean, let's focus on turning the page. let's focus on moving on and that's going to happen next week on the 20th when joe biden is sworn in as president. you know, this is only going to make matters worse in a country that's deeply, deeply divided right now. brian: no kidding. the good news is democrats are deal with you. there is only a 10 seat difference between the two. she does not have a united caucus. hopefully there will be cooperation on all sides. steve scalise, thank you so much. >> thank you, good to be with you. brian: all right. let's go over to janice dean. janice has been covering all the weather. it turns out we have confirmation it's winter. janice: it is winter. and they are going to get some really wintry conditions along with very gusty winds across the midwest.

blizzard warnings have been posted this morning. look at all of the strong winds stretching from the plain states through the upper midwest. in some cases wind gusts in excess of 50 miles per hour for a duration of time. and that's why we have blizzard conditions, blizzard warnings up for parts of the dakotas in towards wisconsin and iowa. that's going to be a big deal unfortunately over the next 24 hours travel is going to be difficult if not impossible in the area. listen to your local forecast and we will keep you up to date as well. steve, ainsley, brian, back to you. steve: all right. thank you very much. the temps and the radar. thanks, j.d. coming up on this thursday telecast a third coronavirus vaccine showing promising new results and it only requires one shot. dr. saphier on that and when you might be able to get it next. ♪

then i'm not a real idaho potato farmer. genuine idaho potatoes not just a side dish anymore. always look for the grown in idaho seal.

♪ brian: great news, a third covid-19 vaccine could be weeks away from getting to the american people with the johnson and johnson single shot moving to the final stages. so, how important could a one-shot vaccine be in the fight in the coronavirus of? i think it's a big help. dr. nicole saphier joins us. dr. saphier, this is encouraging. we thought it was coming. it looks like it's on track.

when can we get it? >> well, that's right, brian. so we heard earlier this week johnson and johnson is in the late stages of their data analysis of their phase 3 clinical trials. they are looking at one toes versus two dose regimens and looking at their interim data that they have released anywhere between it's about 90% effective after that first dose at 2 days afterwards. this could be a game changer. this has many logistical and practical advantages one vs. two dose. when you have 30% of americans who don't actually go and refill their prescriptions we worry about people actually going forward to get that second dose. so, one dose absolutely will be critical to getting to the masses. as well we also don't need to manufacture as much as we do with say the moderna and pfizer vaccines. brian: struck by this we keep beating ourselves beating ourselves stamping out this virus. china bragging about doing that well a little problem happened along the way. there were 22 million people

locked down outside of bay gypping because the virus is back there at the same time the w.h.o. still trying to get in to find out how this virus started. many of these scientists were detained. still not getting into wuhan. what do you think about both issues? >> well, brian, you know, the chinese communist party have handled the pandemic very differently than many other countries across the globe. while they had exceedingly low to no cases over the last six months just reported first death within the last week and as you mentioned they are now seeing a resurgence in cases in some of the rural provinces outside of beijing. how they are handling this as you mentioned they are doing strict stay-at-home orders that are being enforced why cadres and law enforcement. doors are being locked. they are doing mass testing. 20 million people are being tested. those testing positive are obviously continuing that strict isolation. they are shutting things down, and there is a fine balance, brian, it's a huge discussion

that there is not a right or wrong answer to. it's how can you balance containing the virus with also by protecting people's freedoms? and outside of the ccp, people really strongly believe in maintaining personal choice and freedom but the ccp doesn't necessarily promote that. so, we will see them handle it very differently. i have a feeling they will see more rise in cases for a while, but the way that they're doing it with the strict stay-at-home orders and the mass testing i imagine that they are going to get it under control within the next month or two. brian: they lied about how it started they haven't told us the facts about that. they told us the virus was different. we had a different test prepared. when it got here it spread by people with asymptomatic symptoms. therefore, we weren't prepared. how they are getting a pass on this they should be writing a huge check to the rest of the world but they are not. dr. saphier, thanks so much. >> thank you, brian. brian: all right. coming up straight ahead over the next hour. congressman brian mast will be here. he will join us and talk about how an anchor has tan him on what he said back.

and governor jim justice and tammy bruce. ♪ when i'm your age. actually, if you're 50 or older, you're at increased risk that's life, nothing you can do... uh, shingles can be prevented. shingles can be whaaaat? prevented. you can get vaccinated. where? at your pharmacy, your doctor's - hold on! don't want to go through that! 50 years or older? get vaccinated for shingles. now. if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. 50 years or older? looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief.

xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, .. xiidra. not today, dry eye. i'd call my grandfather as a result of the research that i've started to do on ancestry. having ancestry to fill in the gaps with documents, with photographs, connecting in real time means that we're having conversations that are richer. i have now a closer relationship with my grandfather. i can't think of a better gift to give to my daughter and the generations that come after her. bring your family history to life like never before.

get started for free at ancestry.com many plug-ins are stuck in the past. bring your family history to life like never before. they release a lot of scent at first but after a while, you barely know they're working. new febreze fade defy plug works differently.

it's the first plug-in with built-in technology to digitally control how much scent is released to smell 1st day fresh for 50 days. it even tells you when it's ready to be refilled. upgrade to febreze fade defy plug. brian: house of representatives voted to impeach donald trump for a second time. before >> a mandate for impeaching the white supremacist in chief. >> they always try to bring race to rub an ice their argument. >> they want to keep up the

rhetoric and need to be focused on toning down the rhetoric. >> has anyone been brought to answer? >> the congressman who lost his leg fighting for democracy. did anybody say that q >> we are going to raise it in our media. >> government regulated speech to say in china or in north korea. >> every dose of the covert vaccine. >> we begin with a fox news alert the houseboats to impeach donald trump for a second time. steve: the first time in history a president has been impeached more than once and he is leaving wednesday. brian: griff jenkins reporting

from washington dc which is an armed camp. there are more national guard members in dc than afghanistan or iraq. >> i spent time in some of those places but as you mentioned, house -- impeaching the president for inciting an insurrection. the capital riots, democrats adding the president remains a danger, they believe. >> he poses a continuing threat to the integrity of our election. >> he is capable of starting a civil war. he must be impeached. he must be stopped now. >> he must ago. he is a clear and present danger to the nation that we all love. steve: the most bipartisan impeachment vote ever. 10 republicans crossing the aisle, representative newhouse among them.

>> the president took an oath to defend the constitution against all enemies foreign and domestic. last week there was a domestic threat at the door of the capital and he does nothing to stop it. >> the president released a video denouncing the president and calling for calm but that does not address impeachment. >> mob violence goes against everything i believe in and everything our movement stands for. no true supporter of mine could ever endorse political violence. steve: we are headed for trial in the senate. went as it begins? that is unclear. majority leader mcconnell says it will have to wait until after the inauguration. it is not clear where mcconnell comes down on impeachment telling colleagues, quote, i have not made a final decision how i will vote and i intend to listen to the legal arguments when they are presented to the senate.

when the trial the started will compete with other senate business which will confirm biden nominees. brian: thanks. steve: significant name on the list more than anybody else is liz cheney, 30 line of the power structure on the republican side. matt gates condemning her and dan crenshaw, we know her, she was a contributor her camera strong and smart as anybody, you don't agree with the vote that is fine. she's an upcoming star and may be speaker, behind the scenes, the difference, the last time, the president doesn't have anyone defending them. he's not defending himself at the press, doesn't have social media to do it, a blessing in this case. they say so far it was ivanka, jared, who convinced him to do

the tape. it was great, fantastic, everything necessary. i wish it had come a few days later. very upset at rudy giuliani, they have a fractured relationship. to personally okay all of rudy giuliani's expenses and that he's horrified and outraged he was demanding 20,$000 a day which would be denied but was in the paperwork. brian: in the washington post they name the names of people who are still at the white house. he is historic now, the only person ever impeached twice. the democrats for years tried to impeach once and they won the first time and won the second time yesterday. so many democrats obsessed with trump they can't let him go even

after they have won. brit hume had a great observation last night with martha maccallum. he talked about how going forward because the country is so polarized and everybody is at each other's throat. if joe biden could do one thing that might make the beginning of his administration much better than it would be otherwise. here is brit be huge >> reporter: he has the job of trying to unify things. to call off the impeachment dogs, may not be too late for that. whether he deserved it, or a year ago this happened, worth remembering the principal purpose, the reason we have an impeachment clause in our system is to get a president who has done bad things out of office,

the voters took care of that back in november. the question, whether having impeachment or trying to get a conviction now is reasonable. steve: if joe biden could call off the impeachment trial in the senate it is all about, to remove somebody from office. it cannot start before donald trump becomes former president, if he could call on the impeachment in the senate i think joe biden's approval rating with independents would skyrocket and congress has stored bad ratings when it comes to approval. wouldn't hurt them as well. ainsley: he has to look forward for another four years and run in 2024. brian: he would be getting off on a good point.

ainsley: it would bring more unity to the country but if they impeach donald trump and pass that resolution so he can't run again then joe biden won't have to worry about him and four years. steve: a second term -- ainsley: he might not but thinking about they want him gone. they don't want him to come back in four years, they will do everything they can. yesterday brian mass, congressman from florida is a veteran who fought in afghanistan, such a hero and patriot, this is what he had to say. >> on january 6th, thousands broke the law by taking siege of our capital here. has any one of those individuals who brought violence on the capital, brought here to answer whether they did that because of our president?

it appears i will receive no answer. i will yield my time back. ainsley: let's bring in congressman brian mass. what was the message you were trying to send? what were you asking for? 27 seconds to prove a point. you heard people saying no in the background. >> the message was simple. you have 430 plus members of congress, responsible for making the highest law in the land that

pertain to all-americans and they are about to vote one way or another on whether the president incited other people to do something and there wasn't one of those members that could say they heard any questioning of the people that were said to be incited. nobody was asked do you do this because of the president? do you do it because of something he said he year ago or something something giuliani said on january 6th, did you go there because of the president? did he tell you to be peaceful? nobody can say they spoke to one of those individuals and that has to be the most dangerous precedent for this body to set to say if you are an american this is how we are going to hold you accountable for inciting somebody else. we are not going to bother to ask any questions, we will jump to a conclusion and rush to judgment. that is totally un-american,

holy in opposition to the due process and it was wrong. steve: your moment of silence incensed jake or who asked this question of you. >> we have video. the people who were storming the capital saying the president told us to come here. that has -- that is the video, video of this. exhibit a of reams of evidence we have. >> congressman brian mass from florida who lost his legs fighting for democracy abroad though don't know about his commitment to adhere to the united states, did anybody say that? steve: when did you hear about this?

you answered on twitter that he answered you but your response here. >> the response is this, the president told you to come to the people's house. did he tell you to do it violently or did he tell you to go there to cheer people on? worth getting to the bottom of before you rush to judgment and that is the foundation of democracy and i will say to mister tapper what half of america is saying, hold me to a high standard, don't hold me to a double standard. and me asking if any of these lawmakers that are about to vote have gone through any questioning, any hearings, asked any questions of anybody, that is an appropriate question and speaks to the foundation of our democracy, doesn't diminish it and give the statement as well. it is not as important in

america especially today with all the division we have that i say this is what i think about you. we got to get to the point we are saying this is why i something. i can say this is why i think you are wrong and we can have a real debate and hopeful you end up learning about each other instead of two people with -- steve: i am sure you would defend jake tapper's right to say anything he wants to and he said that about you but the last part of it he was questioning your commitment to democracy. how do you feel about that? >> i can say this emotionally. my commitment to mark democracy, my country is a wavered. i love this place so much it literally breaks my heart to see the divide that exists in it. i love our democracy, for a lot of problems there is no government i would rather be a part of anywhere in this world

and to strengthen that and keep it strong we have to ask those questions. it's not the opposite that we don't ask those questions, don't ask lawmakers did you take the time to ask somebody or interview somebody or have a hearing? that has to be the foundation of having justice, asking questions and waiting for the answer in silence until somebody gives it to you are taking their silence of an answer. that is my response. i love this place. ainsley: congressman eric swallwell compared the current president to usama bin laden. listen to this. >> usama bin laden did not enter us soil on september 11th but was widely acknowledged that he was responsible for inspiring the attack on our country and the president with his words,

using the words fight with the speakers assembled that day who called for trial by combat, we have to take names, i am comparing the words of an individual who would incite and radicalize somebody is usama bin laden to do what donald trump did. ainsley: what are your thoughts? >> somebody on the intelligence committee would take the time to know the history of our enemies and usama bin laden didn't speak just to inspire individuals, he was an individual that literally planned the attacks in kenya and tanzania, 9/11 and others. he was a planner of attacks, that is what he's likening the president to which is totally inaccurate, without any questioning to continue on the last train of thought, it is wrong for him to do this and he

is working to try to incite more division in this country. ainsley: where was eric swallwell when you were surrounded by attackers and rioters who were in your face threatening you, we've seen that video, remember that. >> this is what all of america is say or at least half of america. told us to a high standard. hold our democracy to a high standard. hold our congress to a high standard but don't hold us to a double standard and that is what people have seen throughout this media cycle the last years and you make a comparison saying maybe this happened with the election this year or maybe it didn't but for you to chastise members of congress for wanting to ask questions when you could

say a couple years ago every member of the congressional black caucus voted against certifying elections but you have nothing to say about them, don't hold us to a double standard, be fair about what you are saying and how you are questioning the process of america that is the basis of the system that we have a level playing field, the bill of rights ensures for everyone when you wake up in america you have that level playing field regardless where you wake up. brian: you woke up in your home district in florida and left behind where it is a lockdown camp. i was talking to people who work on capitol hill who are relieved to see 20,000 guardsmen there, images from inside, thousand there either time the inauguration rolls around and i saw images of you giving a little tutorial, there you are, on the history of the capitol

rotunda, given a tour. >> this is one of the most educational experiences, i saw these he rose sleeping on the floor, some are not sleeping, 8:00 in the morning and i am speaking to a bunch of them thanking them for what they are doing and what i was amazed to hear was how many of them, 95% telling me it was their first time ever to the capital. i couldn't believe that. i was astounded to hear that, talking to the commander and sergeant major, all these folks saying the first time here. i would love to take them around and learn about the place they are asked to come here and defend.

a lot of them didn't, i would give this message to those guardsmen who i love, come to washington and experience your government, and witness it, under 18 out of the florida house of representatives, there's something i can do. come witness that and experience what your government is all about and know what you are fighting for. ainsley: wait a week before you go down there. new york city mayor bill diblasio calling to revamp the city's approach to gifted and talented education, advice for city leaders next.

♪♪ smooth driving pays off you never been in better hands allstate click or call for a quote today

>> the definition of a high-stakes test. i guarantee you a hell of a lot more kids have talents and abilities and need for special opportunities than for a few, what is the right approach for the future? it will not be a single test and we have an opportunity to do something so much better. steve: mayor bill diblasio calling to revamp the gifted intelligence program but it would be to destroy it. our next guest knows how much of a lifeline accelerated education system can be and the mission is to help other students achieve the ticket to success. the gifted and talented kids, the gifted and talented the we have those tests in rural, suburban, urban and sometimes

you make that and sometimes you don't. what is changing now? >> this year the mayor has decided to hold on to the exam that 4-year-olds would take. but reimagining the emissions process across new york city. steve: rather than putting them together to press themselves so they are pushed to the level of their talents, put them with everybody and press them harder while in the general population. what is wrong with that? >> we have a mixed bag of students on grade level, very easy to forget those above grade level who require enrichment. that is why it exists, to make sure the students get the support they need. >> the argument is the city is

made of 15% weight kids and other minorities from there but most of the gifted and talented are asian and white. what is your answer to that? >> we have a significant information gap, we need all students from every background, and we needs to expand the number of them. 5000 to qualify but instead of moving the quality, failed more programs to support the capacity. >> no meritocracy in america anymore. it is a good one to learn from. a caribbean american, african-american, and you know how these work. the change went on to the

university, i was an investment banker, they would not be available, accelerated education at the education level and i want to have access to the same opportunities. steve: if you have the wherewithal my kid is lucky to be gifted and talented, pull them out of that system and put them into a private system, into a charter school if you have the wherewithal to do that. >> folks leave new york city, charter schools and opt out. and for their accelerated learner. and build capacity, >> to not reward people, and i

am not good enough and would try something else. we don't want to do that anymore. thanks so much. >> thank you for having me. steve: story matters a lot. coming up straight ahead west virginia leading the way with coronavirus vaccine rollout, governor jim justice, the secret to his success. all those people who refuse to wear a mask. you know, lying in isolation, in icu for seven days, i thought about how wrong i was to remove my mask at the white house. today, i think about how wrong it is to let mask wearing divide us, especially as we now know you're twice as likely to get covid-19 if you don't wear a mask. because if you don't do the right thing, we could all end up on the wrong side of history. please wear a mask.

(announcer) need to lose weight? can't figure out why those diets won't work for you? get golo. golo is the smart weight loss solution that works! go to golo.com where over 1 million people just like yourself have found golo and the answer to a new and better way to lose weight. this is not only a weight loss journey, this is a complete transformation mentally and physically. (announcer) so many people have changed their lives and lost the weight with the help of golo. why shouldn't you? want to lose 60 pounds? how about 100 pounds? you can! and golo will give you the incredibly effective tools to do it. (woman) i have found how healthy and happy life can be. and i'm doing it all with golo. golo is not hard. it's easy and it will change your life.

(announcer) go to golo.com, that's g-o-l-o.com to find the answer to a new and better way to lose weight. it's time for the lowest prices of the season on the new sleep number 360 smart bed. what if i sleep hot? or cold? no problem, with temperature balancing you can sleep better together. can it help keep me asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. will it help me keep up with mom? you got this. so you can really promise better sleep? not promise. ... prove. don't miss our weekend special, save up to $1000 on new sleep number 360 smart beds. plus, 0% interest for 36 months & free premium delivery when you add a base. ends monday. honey honey? new nyquil severe honey is maximum strength cold and flu medicine with soothing honey-licious taste. nyquil honey. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, fever best sleep with a cold medicine.

sofi made it so easy to pay off my student loan debt. they were able to give me a personal loan so i could pay off all of my credit cards. i got my mortgage through sofi and the whole process was so easy. ♪ express yourself ♪ ♪ ♪ express yourself ♪ ♪

ainsley: jim justice announcing every dose of the covid-19 vaccine received by the state is administered or assigned to a name and administered. that is wonderful. >> we took a different approach. we took a practical approach in west virginia like west virginians do all the time. we are a smaller state but we led the nation in lots of categories as we've gone through this terrible pandemic but looking at this whole thing this is all there is to it. the federal approach, the big change, we went to local

pharmacies, recruited our national guard and health departments to help us and we looked at one thing and one thing alone, saving people's lives. the faster we do this more lives we save. we did not try to write systems or come up with stuff like of other states did and we did it wrong. a thing called operation save our lives or save our wisdom which is our elderly, we know this is what this disease attacks. we are on it. we will keep pumping 100% of the vaccines in arms and keep pleading for more vaccines. >> in some states we go to the hospital to get this politically what you did, getting pharmacies involved. >> we got local pharmacies involved where people are involved and we have people behind us and we look at this in

this way. it doesn't take rocket scientists to figure out this disease attacks the elderly. we shifted and went directly to get this into the elderly's arms as quick as we could. and we flip back and get our personnel because we are going back to school in west virginia on the nineteenth of january. with all that being said i give all the credit in the world to a bunch of great experts we have around us and some smart practical thinking people in west virginia. it is not just cows in the field, it is not rocket science but you got to move and in a pandemic you can't sit on your hands and try to work out a system and develop a committee, you got to move.

ainsley: a broad question about the country, we need to get anyone 65 and older vaccinated. when do you think the entire country 65 and older will be vaccinated? >> you know, it is hard to say about the whole country. in west virginia, west virginia will get it done and get it done right now. if they get is the vaccine, everybody 65 and over completely vaccinated by valentine's day if they get us the vaccine, the $64 question is will they get is the vaccine to do that? so many people, secretary azar and others have done amazing work and we should be proud of them but if you look at what is going on across the country from impeachment to how long it took to get the stimulus package out it is politics politics

politics, and to give you a divine number when we will get to everybody in the country who knows? ainsley: i wish they would send the money and get more vaccines out to everyone, thank you for being with us. >> thank you for what you do every day. ainsley: one of the first rules after she reclaimed her gavel but nancy pelosi has forgotten her own rules banding gender language. >> i stand behind you as a wife, mother, grandmother, daughter. ainsley: tammy bruce will react to that next.

>> i stand before you as a wife, a mother, grandmother, a daughter, a daughter whose father bradley served in this congress.

i stand before you today as a citizen of the united states of america. with my voice and my vote, with a plea to all of you, democrats and republicans, i ask you to search your souls and answer this question. steve: let's bring in tammy bruce, fox news contributor and president of the independent women's voice. good morning to you. the reason rio grande this sanders -- this soundbite is a week or two ago we talked about nancy pelosi and the new congress had a new non-gendered house rules, for instance rather than say mother and father, rather than on to dunkel, parent and sibling, rather than these and nephew, child, the idea to be more inclusive but apparently these changes only apply to the rules document and do not

prevent house members from using gendered language with she clearly did yesterday. change it is great we are bringing this up because there are many things democrats are doing they hope will go under the radar but all this other stuff happening is important because it shows what they are up to. not just rules document but in a document and the attitude about it is this is what you do if you really respect people. what the intention is this filter is into legislation, into the nature of what is written because if you don't write things this way you don't respect people. the arguments for transsexuals and others identified as non-binary, the fact of the matter is the race everyone with this kind of argument. you erase the argument for transsexuals go from one gender because they feel like the other

gender, they don't feel like nothing and the real core of this is to strike a family idea because mothering is a specific thing that happens in life and within families and so is fathering at the moment you tell the american people are put into the culture dynamic that there is no gender which transsexuals and others don't say is the case what you do is use strike at the core of the nature of family and that leads to striking the core of faith so this is what they call on the left a nudge. they nudge you into limiting the idea that the individual cysts and with a party that has argued about the power of women and that they are the champion of women and as you heard pelosi say talking about her roles in life, you can't do that, you

can't argue for the success as an example of women because you're deconstructing them completely and that is not what anyone wants, not the gay community and i would argue also not the transsexual community. ainsley: yesterday aoc had in its to graham live stream and this is what she said about reining in the free press. >> the commission being discussed, some of my discussions brought up media literacy because that is part of what happened. we are going to have to figure out how we rain in our media environment so you can't just been disinformation and misinformation. ainsley: i'm watching the station and don't like what they are saying i change the channel, don't want to buy a certain newspaper because i don't want their agenda in my mind, can't we as americans take control? we don't need government to tell

us and rain us in? >> of course. what she was talking about, media literacy i thought she was talking about herself and the democrats in general. they are ready got the commission. it is called legacy media. they already obey, they -- on arm of the democratic party, what they are talking about our dissenters, arguments like this, a conversation, dissent in the framework of what they are doing but also exposes the idea of the power they think they have the this is now what their job is. their job is to try to convince democrat governors to distribute the damn vaccine. their argument is to keep this nation safe from maniacs like the ayatollah in iran and china but instead they are down at their little desk looking at what it is they can do to

control the conversation in the united states considering what we've just been through in the imperative of transparency, we need more conversation, more openness and the american people know very well what they want to hear, what is good, what is not good but also presumes that the american people are babies, they need to be controlled by government and everything you see the democrats do in this particular congress speaks to that denigration and cynicism and contempt for the american people. >> that's what big tech has for republicans, taken the president off of facebook and twitter. $51.2 billion from market, they had a bad day yesterday, they lost 2.9% of their value since wednesday. they had the ceo, founder trying to define what they are doing, we are trying to do our part

around an open decentralized standard for social media. our goal is to be a client of that standard for the public conversation. does anyone by they are trying to be fair? to me it is clearly they are not by destroying their competition. did he help or hurt yesterday? >> it was a twitter storm that was a word salad but what he was responding to they figured there would be money lost but figured they would make it back, their arrogance and overconfidence, the reveal about their interference in the uganda election when they said enough of you. if you're going to interfere, they shut them down. also world leaders, angela merkel, south america, everybody saying you shutting off donald trump is wrong. in addition to the fact that the american people and congress, might take two years but we will get to the point of recognizing

big tech needs to be broken up for made a utility. the american people don't like what has happened here, their own country and their own mechanism of controlling the country and they are trying to back up, it is not going to work. steve: democrats don't agree with you because they got everything they want. >> give us two years. the conversation in public will have to happen in two years. taking back the house will make a difference. steve: see you next week. coming up on this program businesses struggle with coronavirus restrictions and oklahoma police officer helping his community in calling on others to do the same. his story coming up next.

ainsley: donald trump is the first us president to be impeached twice. a live report from john roberts at the top of the hour and new reaction from dan henninger, chad wolf has resigned from the administration after saying he would ride out the rest of the president's term. why did he leave? people tell us when he joins us live coming up. bernie sanders's big plans for the biden administration.

charlie gasparino on bernie going big, live from america's newsroom at the top of the hour. steve: oklahoma national guard captain jeff orfield returned to find the true meaning of america, cashed out his $1,800 stimulus check and gave it to a struggling restaurant and the restaurant owner started paying it forward and now we are talking about the domino effect in edmond, oklahoma. edmund police officer jeff warfield and restaurant owner jennifer webster who runs the conscious community café. when you came back from your latest deployment you were shocked to see in downtown edmonds in the movie theater the movie poster you saw when you for deployment was still a

because so many places had gone bankrupt. >> it was shocking to say the least. one of the many things i saw when i returned home moving forward all the businesses, but shutdown, to see what would help. >> you have an $18 stimulus check, gave it to the woman sitting next to you. and you saved her business. >> the truth in more ways than one, jeff gave me the money, and

a rough year for me, i already knew, wanted to share it with you, walked this journey with me. gave me loyalty and gave me something beautiful. steve: you started the ball rolling, and you took that $1,800 and gave it to her to save her business. she split the money with other restaurants. jj stimulus challenge going where had given her a bunch of money and distributing them. >> that is the greatest thing.

you listen to god, go forth and trump ride provide hope to jennifer and others, to bridge that gap and help out. that melted my heart, trying to push this stimulus challenge to get people to go out, get outside their house and build a community. steve: you needed that money, why did you give it to other people as well? >> that is what americans do. i would say to my other small businesses that are watching, if you are close to waving the

white flag and giving up i would say to you if somebody comes in and does what jeff did for me, go find other people in your communities, link arms with other people, do not waive the flag and surrender. whenever you do, and again and hold the line. america needs you now. brian: thank you. if you would like to help the folks in edmond, oklahoma, go to our website foxandfriends.com and we will link to facebook.com/consciencecommunity . ling at aspen dental where new starts happen, every day. get exceptional care at every step, unparalleled safety at every visit, and flexible payment options for every budget. now, during the everyday smiles event new patients get a full exam & set of x-rays with no obligation. no insurance? no worries, it's free. plus, now all patients can get 20% off their treatment plan. find every reason to smile. every day at aspen dental.

call 1-800-aspendental or book today at aspendental.com

each febreze car vent clip gives you up to 30 days of fresh air. so, you can have open window freshness... even with all the windows up. enjoy fresh, any time, with febreze.

>> download the fox news app. we'll see you tomorrow. >> sandra: fox news alert. the house voting to impeach president trump with the second time citing him with insurrection at the capitol next week. when will there be a trial? >> trace: i'm trace gallagher. 10 house republicans and liz cheney voted with democrats to impeach the president. they're facing blowback from their gop colleagues who say it could further divide the country. >> at the end of the day you saw a lot of members who said this is enough. let's focus on turning the page. let's focus on moving on and