laura: home nursing was thomas zinc are today, here's the key slot in his closing argument. >> let's assume joseph rosenbaum is seasick after the defendant because he wants to do some physical harm to him. he is an armed man. this is a bar fight, this is a fistfight between you don't do is you don't bring a gun to a fistfight. >> roadhouse deserves a lot better. greg gutfeld takes it all from here. >> if you are the one who is threatening others you lose the right to claim self-defense. >> the district attorney's office is looking forward with this case because they need somebody to be responsible. >> tuesday november 16th, jury deliberations set to begin in the kyle rittenhouse trial. the city in the nation are bracing for possible unrest as we await the final verdict. >> do you hear about this? >> the values of those in

washington dc are not our values. that is why after much thought today i'm announcing i will probably be running as a republican. >> president biden's policies. one texas democrat to switch his party affiliation to republican, his state on the front lines of the border crisis that has been ignored by the white house. >> a devastating implosion, scathing report forcing the white house to play defense so what is really going on in the west wing. questions there. president biden and vice president harris putting on an awkward united front of the infrastructure bill signing following reports of a deepening rift in the west wing. >> this as the white house insists that harris is a valuable asset to the administration.

griff jenkins is live in dc with the latest. >> this was supposed to be a victory lap, the president's first major bipartisan achievement with his faithful second-in-command by his side. what was on full display was major damage control it looks like following multiple reports of a growing rift leaving the vice president according to insiders feeling sidelined as she struggles to put aside an awkward start. >> from the very start, he welcomed democrats, independents and republicans, you welcomed ideas. he welcomed debate. you are equal parts believer and builder. laura: this as the vice president's approval rating at an all-time low for a modern vice president, 28% according to usa today poll, the white house downplaying those reports. >> you reports that the vice president -- >> she's a key partner, a full

leader and someone who has taken on incredibly important assignment. a lot of reports out there that don't reflect his view or our experience of the vice president. >> reporter: local numbers dog president biden's agenda with midterms on the horizon according to a washington post poll, 32% democrats, 50% republicans, independents 39-54 among suburban voters. a college-educated white men, jen psaki has an answer for that too. >> we see that as an opportunity. we know the president's agenda is popular. there is fatigue from covid. people are sick and tired of covid and the impact on the economy. we are tired of it too. that's why this is the number one priority, getting covid under control. >> data president will take his

infrastructure bill on the road to new hampshire where republican governors says they get the least amount of highway funding. >> griff jenkins, thank you. >> newt gingrich says cnn at scathing report says a lot about the relationship between president biden and his number 2. >> i've never seen cnn do anything helpful to president biden, the story was devastating and it starts with the simple facts. biden is at 38% approval, she is at 28% approval. powerful people wake up in the morning and go can't be me so i who is doing this so the biden people say it is all harris's fault. harris people say if only he was using her correctly and you will see more of this kind of backbiting because the truth is she hasn't accomplished anything. it is embarrassment but she's working with president biden who

has accomplished almost nothing. neil: which says the dysfunctional make it difficult to tackle the border crisis at the supply-chain crunch. >> the congressional budget office will release its final price tag on the spending package, pushing for a vote on the bill despite divided opinion, pelosi and other top democrats assure americans the package is solidly paid for. house lawmakers can vote on the bill without hearing from the cbo in the senate cannot. without voting for or against the bill. >> house lawmakers will meet today for hearing on clean energy supply chains, the subcommittee set to address how the us can developed a 6 supply chains for clean energy technology as a massive backlog of cargo ships builds up in the pacific and shipping times of

slowed to a crawl forcing americans to pay more for goods and leaving shelves empty. i look at this and understand this white house is laser focused on climate change but when there is a fire in front of you you need to put out the fire that is directly in front of you, not the one that could happen years from now. >> such a good way of putting it. think of all the problems that are happening across the country with the supply chain. you have a meeting about climate change regarding supply-chain or crime, the crime rise across the country and it is like the solution is defund the police more or inflation, pump trillions more dollars into the economy, democrats are moving on a lack of reality of it is going on and that is why poll numbers are the way they are, look at the inflation crisis, the costs overall from beef to pork to

gas, fuel, basic necessities a lot by as much as 60%. >> you know what else isn't good for the environment, all these ships idling in los angeles, longer beach, that is an area that accumulates a lot of smog unless it is the month of june when the fog moves inland. it is a disaster have these ships idling. >> on the climate change friends we've been talking about pipelines so much and i was in toledo last week one of the arguments against it in the pipeline, the argument for according to michigan going to graduate there is it would be a pro climate change moved to shut down the pipeline but these people in michigan and parts of ohio rely on propane to heat their homes, how if you shut down the pipeline are they going to get the propane, you would have to bring it in by truck. >> if you brought propane over the bridge that would be a lot worse and unsafe than the

pipeline if it leaks. jillian: truck driver shortage as well. >> maybe we wouldn't be in the truck driver shortage if we -- carley: you have to put out the fire that is in front of you and when you talk about supply-chain issue and they are having a hearing on climate change as it relates to it. i don't know what that hearing would be about. >> is it on the t-shirt? put out the fire. >> what are others saying? now to a fox news alert the trial of kyle rittenhouse in the hands of the jury. deliberation begins, brought chaos to kenosha. the right to self-defense. >> who is there? these guys with their ar 15s. when the defendant provokes the incident he loses the right to self-defense.

you cannot claim self-defense against the danger you create. todd: that is an incorrect statement on many fronts that we will get into. the prosecutor demonstrated how written household his weapon putting his own finger on the trigger in the direction of courtroom spectators. maybe after the whole alec baldwin thing we don't do that. the defense rebuking the status case arguing there trying to create a political bill. >> the district attorney's office is marching forward with this case because they need somebody to be responsible. kyle rittenhouse's behavior was protected under the law of the state of wisconsin. the law of self-defense. >> protesters gathering in anticipation of a verdict, the national guard is on standby.

>> jesse watters giving this take on the closing arguments as the nation braces for possible unrest if he is found innocent. >> i love that you can see in this country the wheels of justice turn like this. there is no other countries you can watch a live trial and see all the evidence, see the testimony of the video. there is no reason this looks like it's going away, for anybody to be violence. also burned down the guy who went to protect the city for burning is now supposed to rot in jail for the rest of his life, it is preposterous. if you don't like the system, leave, all right. the judge appointed by a democrat, appointed by democrat and ran for reelection, people put him there. the jury, half were selected by the prosecution yet you have a problem with that, go live somewhere else. >> president biden holding a virtual sitdown with the chinese president xi jinping in hopes of easing tensions between the two countries, president xi opening the meeting referring to president biden is an old friend, they insist they are just counterparts.

>> we know each other well, we are not old friends. >> he does not consider him an old friend so that remains consistent. >> those not as good at the face-to-face meeting i'm very happy to see my old friend. >> biden was probably like, no, the one thing. >> critics say the summit was also as they failed to make headline on button issues including origins of the pandemic. that the question one. it was not. the pandemic was mentioned briefly but not its origin as gop lawmakers have been pushing biden to press china over the alleged wuhan lab cover. biden did reiterate the us support for the one china policy with regard to i, one of the us would not stand for you whenever election the threat the island's peace. morgan ortagus joins us later on the show. >> texas governor greg abbott slamming beta policies as the liberal democrat fights to stay relevant.

beto announcing his bid to unseat abbott in next year's governor's race. >> run for governor and i'm going to tell you why. those in positions of public trust are not focused on things we want them to do. >> abbott has two words for the failed senate and presidential candidate quoting bring it, calling out award for his stance on defining the police, green new deal, open borders and strict gun laws. ever this seeking a third straight term as texas governor. the time is 12 minutes after the hour. kyle renounce's fate is now in the hands of the jury so what are the most could:servers will be weighing in the deliberation room. defense attorney and former prosecutor dave bruno joins us live to break down the prosecution's case. >> we are talking to morgan ortagus which can't forget joe concha. what days today? >> tuesday, tommy tuesday.

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>> there are no winners in this case for putting kyle rittenhouse down for something he was privileged to do that serve no legitimate purpose. you lose the right to

self-defense when you are the one who brought the gun. >> it comes out that the method used reduces unreliable results, this is going to fall like a house of cards. >> a jury set to begin deliberations just hours from now as kyle rittenhouse could face life in prison for killing two men during the kenosha rights. >> or discuss is trial attorney dave bruno. what stood out to you during closing arguments, both sides spoke for several hours. >> what an emotional case. i didn't follow it much until the trial action started. you really have to be in the courtroom to hear the evidence, to come up with opinions on this case and i did follow it closely. there's a lot of video content not much dispute on facts because of the video evidence, the drone cameras, cell phones, you've got it all the difference between the two sides is

interpretation of the law, whether or not he was in fear of imminent death or serious bodily injury and that is what it comes down to. the prosecutor has burden of proof not only to prove underlying crimes but now the prosecutor has to prove, disprove self-defense beyond reasonable doubt. you need 12 people unanimously to say the prosecutor disproved self-defense. i do not believe he did. because of the evidence, victim number one was lunging at this individual, chasing the individual, very different than the first reporting on this, very different than the prosecutors in opening statement. incident number 2, a mob coming at this individual, he's getting hit with a skateboard, kicked in the face, people trying to get his gun. this is a 17-year-old in a difficult situation and it is different than you initially heard in this report and that is my take away.

>> you are right the facts are more or less uncontroverted, it will come down to the law, the law everyone is focusing on is the law of self-defense was we heard a line in the opening montage of soundbites from the prosecutor where he said you lose the right to self defense when you are the one who brought the gun. that is a factually incorrect statement of the law. should the defense of objected to that being introduced during the closing arguments or were they right to let it lie and let the prosecution say another dumb thing on the record? >> in opening and closing it is not the time to continue to object. is when the evidence comes in and witnesses are on the stand. technically speaking attorneys always make those decisions. this prosecutor made multiple mistakes. we saw in the mistrial motion where he commented on defendant silence and commented on the defendant being a courtroom looking at witnesses. the prosecutor makes mistakes,

this was one of them. i don't criticize him for not objecting because in the end, the judge will give the law, they get the charge and the losses what it is they have to follow. >> one count of illegal possession of a dangerous weapon by a person younger than 18. why did he do that? >> this is the symbol, how this entire case went. the prosecutors alleged an illegal weapon. it was a complaint. went through the case, prosecutor proved that. they had to prove that the barrel was under a certain length, that they did not prove. >> he was 17 when he had begun. >> the barrel wasn't that length or they just forgot to do it but it just goes to show you how

this prosecution went. they failed to prove count number 6, the jury didn't even get it because they didn't put evidence into the charge. laura: if there's a conviction on any of the charges, asking you to speculate that there would be which have you seen enough to reverse any of those convictions for prosecutorial error? >> if there's a guilty verdict, this is coming back on that mistrial motion. what happened was the prosecutor commented that he testified he was testifying for the first time and he had never told anybody this story before. that is a constitutional violation. everybody has the right to remain silent. how many times have i been talking about rule number one, global defense, saying it through the administration, impeachment, any invasive -- investigation global number one, be quiet. prosecutors can't comment on it and that is what he did in front of this jury. >> being a jurors such a big job. the closing arguments were hours long.

what do you think is going on in their mind and when will they come to a decision? >> they have a lot to deal with today. it is a long day. they heard the charge, the closing arguments and now they come back today. and it is a self-defense case. they have literally 2 issues to decide. number one, was he the initial aggressor? because like todd said, if he is the initial aggressor he can't use self-defense and is self-defense applicable, did this man reasonably, when i say reasonably, he had to believe he was protecting himself, his life and -- >> also he was the one with the gun so in some jurors minds they will be thinking, skateboard

versus gun, is that worthy of self-defense shooting somebody? >> count 6 dismissed, it wasn't a legal gun. other people had guns. one of the victims in the indictment had a gun so it is a very fact specific analysis they have to go with and they have to decide what the facts are first and apply it to the law and they have to be unanimous in the key, the burden is the prosecutor as disproved self-defense beyond reasonable doubt, and all trials have to go that way to convict. >> on the jury front, they feel pressure that are not guilty verdict could lead to unrest or worsen a significant issue. we hope we've not gotten to the deck in our justice system where that is the case. dave bruno, proud graduate of the todd piro school of talking with your hands, you gets an a plus, well done, you have learned well. >> i been here since pre-coven.

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todd: and ex-con who attempted to kill an nypd cop ten years goes free after another alleged attack on an officer. a backpack containing a metal safe and other items early

sunday morning the bronx and severed swelling and substantial pain to his right ear and the right side of his face. new york city police commissioner saying, quote, do we have to wait for him to kill somebody before this is taken seriously? >> in denver, colorado the city is budgeting more money for law enforcement. the city council unable to make any meaningful cuts amid surging get violence after a dip from 2020, two 2020. denver is adding $17 million back to their budget including new first responders and 150 new police recruits. the loudoun county school board agreeing to lift the suspension a teacher who spoke against the transgender policies. getting a permanent injunction from the circuit court after fighting for his right to keep his job and speak freely. the school board is agreeing to remove mention of the suspension from his record.

todd: a county official on fire over a tweet branding concerned parents as alt right despite the fact the black and jewish parents are part of the group organizing a petition to remove her and other school board members with some of those concerned parents join me, joe mobley, supporter fight for schools and cofounder of our meals parents. thankful to both of you for being here. are you all right? >> thanks for having me. i am not a weight nationalist, supremacist or anything of the sort. hate to disappoint julie but that's not true. >> a little more serious in tone, as someone who lost numerous family members at the hands of the nazis, i said that correctly, at the hands of actual nazis during the 1940s, are you alt right?

>> i take that statement from the board of supervisors as a punch in the gut and stab in the heart, how anybody could call a jewish person a lt right is beyond me. it is disappointing and sad. todd: it takes away from what your family and so many jewish families, millions of jewish people were killed during the holocaust, take away from the seriousness of that. why do people feel they can get away with saying grossly misleading things like this? >> i try not to politicize everything but in these circumstances they truly do, far left, radical leftists have a playbook and they only say lines

from the playbook. white supremacy, white nationalism, those are the lines in the playbook despite any facts that stand in their way to affect like alicia, facts like me, when people see me they can tell that i am black, they can obviously tell that i'm not a white supremacist but they got that 1984 doublethink in their mind so they say these things aren't true. i can see that he is black but he is also anot weight nationalist. todd: a fascinating take, you heard people use the phrase the black voice of white supremacy, to make you put you in that category. your job is to fight for your kids. why is that unpopular among people like that? >> i don't like to politicize things but it seems like people

in julie's position and people like julie who give the finger to the president of the united states will do anything they have to do to make things political when we are just parents who are advocating for our children to have a better education and all parents to have parental rights in schools and make schools safer for when they walk through the doors. julie instead of allowing us to have a seat at the table understanding where we come from, calling us names. by definition the alt right does not think conservatives are anti-semitic enough. i'm not anti-semitic. todd: a clear statement. how to visit to stay strong in the face of these attacks?

>> i will die on the hill for my children for your children, for america's children. it is my mission to ensure we have a free america for our children to grow up in and somebody like julie and her words will never stop us. todd: you heard alicia's statement, how vital is it parents like you to keep up the fight? >> extremely important. they want you to stay home. they want you to hide in silence. using her platform like she mentions starting off with flipping off the sitting president of the united states, we will use our platform whatever that looks like to fight for our kids. the group literally called fight for schools, not fight for alt right or white supremacy but the

safety and security of our kids which is our prerogative. as parents. todd: donald trump was the one flipped off by julie. keep us posted on your fight. jillian: 34 after the hour. turning to the republican party. >> the values of those in washington dc are not our values. today i am announcing i will be running as a republican. todd: this border state democrats as he had enough policies coming out of president biden's white house. on his decision to abandon his party for the gop coming up. keeping me from the things i love to do. talk to your doctor, and call 844-214-2424.

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>> declared covert interdependence, to make the city a constitutional republic and says they will not follow state and federal coronavirus mandates. and and >> thank you for having me on your show. we have been resisting mandates,

following some regarding masks with our employees. continuing to get more intrusive for citizens and when they want us to shut down businesses, gave the directive to police officers to not shut down businesses because we have a walmart, close down small businesses and closing churches and push the vaccine. to put a mask on their body, and you just disobey and then they begin to mandate putting something in your body is a time to publicly resist. carley: you are not going to follow governor newsom's covid mandate. have you heard from the

governor's office? >> know. i wish our state representative was trying to get hold of him to not get a hold of him here that we want more local control because what works in sacramento does not mean it works well here in rural cities. >> that is a good point. your rural community, in the san francisco, totally different than what your residents once. there are so many covid mandates and one of them, the first to happen in california, vaccine mandate on children, that must have been a big deal for the community. did that lead your decision in declaring yourself a constitutional republic? >> absolutely. i have two sons and we've been doing our best to give them education.

the decision is something they need to weigh because long-term effects are still unknown. of their long-term effects to force kids to take the vaccine or leave school, not only are we resisting or disobeying but publicly declaring we disagree with the way this is handled by state and federal government. >> from the governor's office, you're going against state mandates. is there any risk, what could happen to your community? >> funds could be taken away or potential funds, we could lose funding for our city but for me i made the statement they can

keep their money, our founding fathers paid a lot and it is time for us as citizens in cities across the united states to stand up and not be silenced because of fear of losing funds, so much more at stake. >> have you heard from any mayors in your area and what our residents saying? >> you get mixed results on anything you do, make people happy and mad, any decisions you make about there's been resounding support. a stay-at-home mom, in disneyland, we are not that close to i 5 she said with tears and she was crying and is going to go out of the way for the family and spend as much as they

can with encouragement that all is not lost in the realm of freedom. carley: you wonder why this is necessary because government feels like they control every aspect of your life and if you don't do what they say you could lose your job, can't go to a restaurant or school or a child and some people seem to be okay with that but you are pushing back. why do you think it is necessary? >> if we don't push back those mandates we start with two weeks to stop the curve and we have been quietly saying following this mandates, we are not just blindly not following any mandates, with citizens personal

freedoms. i don't understand why this is serious, it takes bloodshed to get it back. honestly i am hoping the school boards will do it as well, if more people stand up it will send a larger message. jillian: you did something big and it catches on. thank you for joining us, appreciate it. >> the new york post celebrating 220 years do they have a candle for that. the paperless try alexander

hamilton, and outreach in the audience, 80 million people. the longest continuously published newspaper in the united states rupert murdoch taking the helm in 1976 adding a fresh perspective, - >> how about that? for all of those 220 is they had clever headlines. the new york post headlines. todd: did alexander hamilton come up with page 6? what is benji franklin doing? carley: the salacious tablet. todd: put it in the paper, 46 minutes after the hour, fda planning to respond, a lot of confusion over booster shots due to mixed messaging from the biden administration. coming up.

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todd: back with the border crisis, 164,000 migrants in the month of october, crossings up 128% from last october with 72,000 migrants. the rio grande region is the epicenter for migrant crossings, 45,000 encounters in that sector. this all comes as alejandra

mayorkas will testify in front of the senate judiciary committee. >> a texas democrat leaving the party. >> many of us are waking up to the fact that the values of those in washington dc are not our values. the ideology of defunding the police, destroying the oil and gas industry in the chaos and our border is disastrous for those who live here in south texas. todd: ryan dylan, formally announcing his change in affiliation alongside governor greg abbott. the lawmaker disheartened by texas democrats after they fled the state to avoid voting on legislation over the summer. i had momentarily forgotten about that. remember when they did that? how ridiculous is that? but this should come as no surprise when you think about henry cuellar who is strong on the border issue, what is it 1.7 million border crossings over the last year a more and

more every month, alejandra mayorkas saying if you're here illegally you can't be deported by a switch is the purpose of ice and president biden supporting the plan to pay illegal immigrants separated at the border and all of these things affect border communities and a lot of texas border communities are democrats, a lot of hispanics are democrats but the numbers dwindling because of this very issue. todd: i expanded beyond the border. i look at a state like connecticut where i live which has been democrat since the don of time, everybody i know in that state is a democrat. they don't espouse the policies you see from the far left, the squad. they are confused, what do i do? you need to be in democratic politics to survive but they don't agree with the policies anymore. so many of them watch us because they like the policies we talk about, they don't like the insanity.

carley: when he switched parties governor abbott said democratic policies no longer are in line with hispanic values. we spoke, we talk to panels of hispanic voters and they say the same thing, if you come from cuba you are concerned about the socialist agenda from the very liberal wing of the party. these are hard-working people who don't want handouts. they are religious and the abortion issue is one that means a lot to them especially in virginia glenn youngkin won the hispanic vote. todd: 2022 to see what happens to the democrats, your mentioning hispanic voters going to be key. that is the key in 2022. the fda expanding eligibility for pfizer vaccine booster shots to all adults regardless of age or the vaccine they took the fda will not wait for an advisory

board, pfizer submitting data last week in an effort to push ahead with the authorization in september, fda advisory panel rejected giving pfizer booster shots to most people, distributing to those over 65 and some compromise adults. todd: in the next hour of "fox and friends first" president biden contradicted by china's president during the first virtual face-to-face. take a look. >> we are not old friends. >> a face-to-face meeting, i am happy to see my old friends. todd: kind of a burn. we are talking to morgan ortagus about that, plus joe concha, tomi lahren, straightahead, don't go anywhere. ♪♪ walk this way ♪♪

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>> they heard closing arguments and ballet come back today and it is a self defense case. todd: jury deliberations begin this morning in the kyle rittenhouse trial. they are bracing for unrest as we await the final. >> the values of those in washington dc are not our values.

i will be running as a republican. >> president biden's policies pushing one texas democrat to push party affiliation to republican as his state sits on the front line of the border crisis that has been ignored by the white house. >> a lot of people treated kamala harris the way they treated hillary clinton, attempting to end her political career in a death by 1 million cuts. heather: white house is not the only one with an internal rift. cnn commentator fuming after their own network issues a scathing report on the dysfunction in the west wing. jillian: you are watching on tuesday morning. todd: a fox news alert, the city of kenosha bracing for possible unrest as the jury in the trial of kyle rittenhouse begins the liberation. carley: the latest in this case, good morning.