a digital scale go to stamps.com/tv and never go to the post office again. >> president biden unveiling his latest pandemic plan is americans head to the holidays with covid cases rising and covid tests in short supply. >> we don't have adequate tests for everyone to get one particularly you. wife that? >> president biden: know it is not. ashley: questioning biden's ability to lead america through the laquan search, live in

washington with more on the nation's response. todd: thousands of comments across the country were just handed to get out of jail free card. the lease move from the biden doj, the crime crisis is even worse. ashley: bed miller says she's sorry for calling west virginia's poor, illiterate and strong out. we will ask a west virginia coal miner what he thinks about her apology. i'm looking forward to that segment coming from a long line of coal miners in kentucky and we will see what he has to say. todd: it was quite an apology or lack thereof. let's get to the news. the white house facing criticism for surging omicron cases amid a lack of available tests and the holidays. ashley: the president places blame on the unvaccinated. >> reporter: good morning.

referring back to the stricter pandemic measures, the president says don't panic, this is not march of 2020 but his remarks came with a warning to the unvaccinated. >> i know vaccination requirements are not popular for many. they are not popular for those are anxious to get them. my administration put them in place not to control your life but to save your life. and the lives of others. it will save thousands of american lives. >> reporter: trying to combat electron amid increasing support of hospitals, speeding access to pretesting and getting more shots in arms with federal vaccinated is. a key part of this plan, 500 million free at home tests available after the new year, a measure the white house previously shot down. >> why not make them free and give them out and have them available everywhere? >> should we send one to every

american? than what happens if every american has one test? how much does that cost and what happens after that? >> other countries seem to be making them available in greater quantity. todd: not mocking it anymore as the white house admits they should have taken action earlier. >> there is not a day that goes by that i don't leave this podium and wish i had said something of greater context or more precision or additional information. todd: critics are growing louder slamming the administration for not seeing this coming while officials defend their handling of it. >> the pace, the speed by which omicron has been transmitting has been seen and mirrored in many other countries so we are watching it carefully. we anticipated this. this is what we have been preparing for. there doubling times of this virus in other countries, this is what we anticipated.

todd: the president revealed he's considering reversing the travel ban on southern african countries. we will see where that goes. ashley: thanks, and congressman dan crenshaw says she may be unvaccinated is no way of convincing them to roll up their sleeves. >> there continues to be demonization of the in vaccinated and this is counterproductive. this is not helpful. one of the elements of the shortage in our hospitals is the fact that they have been firing people who don't want to get the vaccine. maybe they had covid before, they just don't want it. these are not completely irrational people. they have been living with this risk for a long time now, treating patients and for whatever personal reason they didn't want to do it. the way to get people to comply

is not forced mandates. in that speech he celebrated the sixth circuit when they had for the vaccine mandate. this goes to the supreme court and get shot down. we all agree with that. they can't keep pushing this. this is detrimental to our society, our economy and detrimental to our hospital workforce. ashley: biden offered rare praise for donald trump and coming up a little later fox news has the exclusive on the former's response. the doj announcing it will not make federal inmates placed on home confinement due to covid once the pandemic is over. todd: details on what some call a get out of jail free card. >> reporter: thousands of federal inmates on house arrest could be getting an unexpected gift from the government. the potential get out of jail free card, compliments of the department of justice announced some federal inmates who were previously released on home confinement due to covid may not have to go back to prison when the pandemic ends. attorney general mary garland defending the move saying, quote, we will exercise our authority so those who have

complied with conditions of home confinement and in the interest of justice should be given an opportunity to continue transitioning back to society for unnecessary return to prison. murder and gun violence is on the rise in some of the nation's biggest cities like chicago where there have been 760 homicide this era 4% since 2020 and more than 3400 shootings in the windy city of 9% over the past year, 60 convicted felons facing murder, attempted murder or shooting charges were rearrested while awaiting trial. the streets of chicago so dangerous mayor lori lightfoot is baking for federal help as the city seeks to curb its highest murder rate in 25 years. one year after she proposed cutting $80 million from the police budget. >> formally asked the attorney general of the united states merrick garland with all deliberate haste detail agents

to chicago for 6 months so that we can increase the number of gun investigations and seizures in chicago. the federal government remains uniquely qualified to help cities like chicago address the scourge of gun violence. >> reporter: chicago radio personality ray stevens joined us earlier saying it is about time. >> a year ago lori lightfoot said i am troubled by donald trump bringing the fits into chicago, better bring the fitness quick because chicago is quickly turning into a third world city. >> reporter: quick turnaround for the chicago mayor. back to you. todd: pressure building to recall milwaukee's progressive district attorney. a group called power wisconsin is filing a petition, accusing the da of direction of duty.

they say john chisholm must go for releasing the man charged in the waukesha tragedy on inappropriate low -- he could face recall election if enough signatures are collected. governor tony evers is taking the complaint very seriously. meantime los angeles da george gascon facing a potential recall and sheriff alex the little waiver says the deputies are doing their jobs even if liberal das aren't. >> it is disheartening for any cop to think all their work is being undone by a careless and irresponsible district attorney but they are not going to stop doing their job. someone else not doing their job, it is working and we are making an effort for responsible district attorneys to file their cases and if they want to play the role of public defender they should put their jobs and everything they say makes perfect sense.

todd: gascon defendant is a bail policy and it because insists he's not soft on crime. jillian: president biden confident he will reach an agreement with west virginia senator joe manzo which and about his signature legislation, potentially fatal blow over the weekend. >> did senator manchin break his commitment to you? >> president biden: senator manchin and i are going to get something done. ashley: manchin announcing he would not vote for build back better in its current state. the president insisting he doesn't hold a grudge against him for this, manchin said he would not be able to explain himself to the people of west virginia if he voted for the bill. todd: speaking of those fine folks in west virginia, actress bit midler apologizing after slamming joe manchin for

opposing the agenda, tweeting he wants us all to be just like his states, west virginia, poor, illiterate and strung out. in her apologies she says she was just seeing red and accuses manchin and his family of being a criminal enterprise. he deleted the original tweet. manchin has not responded. that begs the question how do the people of west virginia feel about bit midler's apology and underlying comment? a west virginia coalminer will share his thoughts coming up. ashley: it is starting to feel like march of 2020, marty markkerry talks about the plan to tackle omicron next.

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todd: progressive squad member iona presley demanding mask mandate writing a letter to massachusetts republican governor charlie baker saying, quote, acting aggressively as we navigate the winter months and traditional cold and flu season. so far governor baker has resisted calls for more strict covid policies. we will see. as crime plagued her state

democrat chicago mayor lori lightfoot, chicago the latest big liberal city demanding vaccines for restaurants, bars and jim's in the name of public safety. >> if you wish to live life as normally as possible to the things you love, you must be vaccinated in the city of chicago. todd: chicago joins new york, san francisco, los angeles, philadelphia, boston and new orleans in mandating vaccines. ashley: the white house is flip-flopping on the idea of shipping free covid tests to the american people. listen to secretary jen psaki circling back on the issue. >> we send one to every american? then what happens if every american has one test? how much does that cost and what happens after that? 500 million tests in january is the largest order we have ever made to date and we are going to do it as quickly as we can. ashley: here to react is doctor

marty mackkerry, the circling back was so snarky and to go back on it proves a lot of what i think a lot of people think of her and how she answers these questions. my question to you, in your opinion do you think the vaccinated should ever not be tested and you think it should be vaccinated and unvaccinated people getting tested? >> testing is one tool and it can help for those who are going to be around vulnerable people, vaccinated and unvaccinated can spread it but what we are seeing is a massive diversion of covid into issues that are not central issues, putting masks on kids and how many tests out there. we can't test our way out of this. 41 million cases in a few months.

imagine if we tested everybody's daily cases, we've got to manage around vulnerable people and protect those were vulnerable. ashley: in your opinion what do you think we should do to manage this if testing is in the only option? >> we have a highly transmissible respiratory packaging that is everywhere and we've got to not abandon but recognize that containment is nearly impossible. we got to turn our attention to treatment, early treatment and later treatment as we have amazing powerful treatments two of which are sitting on the fda's desks. they need to get them approved. one of the drugs which they have been looking at for over a month cut covid depth to 0. another one is available at pharmacies, has been around $10 but very little awareness about it even though it cuts covid depth by 91%. ashley: i want to talk about this, the omicron variant is

highly transmissible and very contagious, but there is one reported death, that was in texas. that man was between 50, and 60, he had previously been infected with covid 19 added the patient was at high risk of severe competitions because of his unvaccinated status and underlying health condition. when biden says he will send 1000 troops to the hospitals do you think that is going overboard for the lack of numbers we have for deaths or is that warranted? >> we wouldn't do it for influenza or other respiratory packages. the hospitals need help. we are at a point we are just watching the north experience their viral season just as the south went through their viral season and there is a sort of denial for what we are dealing with is a seasonal virus right now. hospital rates, hospitalizations, new daily hospitalizations for covid which should be our ultimate metric are starting to show signs of

decreased rate of increase or turning over. we are seeing that in the northern states. ashley: this was president biden saying vaccinated americans can celebrate holidays. if you're vaccinated and following precautions that we all know will you should feel comfortable celebrate christmas and the holidays as you plan. if you are seeing your and vaccinated -- >> there is a lot of pressure to get a green light to live a normal life and enjoy christmas. you see this language of do these things. on the other hand we are hearing restrictions and rules so it is a mixed message. ashley: thanks for your professional opinion. we appreciate it. todd: 19 after the hour. media darling doctor anthony fauci facing some accountability for his role in the pandemic response.

>> the administration behind the curve, ship 500 million free home tests. todd: are we witnessing fauci's fall from grace? joe can't a is next. these are the faces

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>> early-morning text likely the reason she still alive. madeleine allen was found in a basement 90 miles away over the weekend. the 19-year-old writing i love you to her parents, gave me chills. she had been missing since

tuesday night, the man who police say held her against her will. a new update in a case "fox and friends" following closely, to reconsider a truck driver's 110 year sentence in it to the crash. the founder of the trucking association joined us to weigh in. >> racquel is a victim of circumstances beyond control. given there is no willful intent or premeditated malice for any harm and we are ready to march to make sure there is justice served. >> petition is calling for some truckers to boycott colorado. >> president biden going rogue by ignoring the vitamins

handlers following his covid address. >> inflation, having to pay more than the money you have because things got up. bring down costs across the board from childcare to childcare tax credits i'm not supposed to be having this press conference right now. todd: will he ever stop with this i wasn't supposed to do this line this is the rest of the presidency? >> if you pass a bill where trillions of dollars i spent that somehow inflation will go down and lower the deficit and people pay less for things? can we stop with that? it drives me nuts but to your point when he says i'm not supposed to have this press conference right now that is what his handlers led by jen psaki instructed him to do. that sums up year one of this presidency to a t. this is an administration and the president of time after time is caught off guard on things

they should see from a mile away. omicron, we didn't know that was coming. inflation is supposed to be transitory on crime, if we demonize cops and take away tools, crime will go up while we -- criminals don't feel they will be prosecuted on the border. we don't see 2 million people crossing the border. the taliban took over. they are caught off guard time and again. actually yesterday i come in the white house press corps for asking good pointed questions on testing, on the bill not passing on manchin and all things covid where we are not talking enough about the antiviral drugs that are coming soon for pfizer that if you take their pill it will keep you out of the hospital, it will keep you from dying, 90%

effective rate among high-risk patients. that game changer and we are not talking about that enough. todd: continuing the theme of yesterday, the white house being pressed by the mainstream media, the liberal media, here's an m s nb host, andrea mitchell. >> testing shortage of our profound. is the administration behind the curve on shipping 500 when we need them now? >> we are going to hopefully quickly catch up with that curve. todd: that is really good question. why has our federal government been imposing mandates that are taking everyone off when they should have been focusing on testing this entire year yet here we are in december where is the testing? is it part of a seachange do you think with regard to the media finally holding the administration accountable is a 1-off we are back to normal soon on some other issue?

>> it was impossible not to ask these questions when you had president biden or doctor fauci in front of you. president biden a year ago said it is a travesty we don't have enough testing and here he has had a year to ramp that up and they are caught offguard completely and doctor fauci should make his new year's resolution to work on his diet. we are not talking what we talked about, cutting down on carbs and dessert but his media diet. he is on the air all-time cycling, sharing his gut feelings, opinions, hairs on the back of his neck thing and confusing people in the process. doctor fauci and this administration should have been on this testing thing months and months ago. he's on the air all the time it doesn't seem to be working behind the scenes. this testing capacity again, to send this all out now after omicron is here 93% of cases now in this country are omicron, this is not good for this administration. one thing they were pulling well

on was handling of covid, 20 points fire and disapproval a couple months ago, now they are underwater and all the things we talked about, inflation and crime and afghanistan. todd: republicans licking their chops, don't want to do it in the context of tragedy for the american people. we get through omicron, republicans realize we need to take advantage of it but not push too much. appreciate your time, merry christmas to you. >> it was hard getting up today after tuesday night football. hopefully that is the thing going forward. todd: it will ruin the country. thank you very much. ashley: our fox weather forecast, when i was driving to work there results trucks out. what is going on? what can we expect? >> we are thing winter weather along the east coast, across the country.

early-morning temperatures, 40 new york city, 21 in chicago, 0 degrees in fargo, northern plains it gets the coldest, those folks feel different, they can handle it. the big weather system in the pacific northwest -- you start to talk about mountain snow, this could be adding up, wonderful for skiers over the next couple days. some of these areas have temperatures -- ashley: we are having issues with adam's microphone. bear with us. we are adjusting is need to be but over towards the west it is going to be, there we go. all talk. you don't want me doing the weather. time is 5:31. elon musk is on a roll calling out california, his scathing

takedown of the tax policy. republicans are ready for a 2022 red wave after more democratic governments leave their seats up for grabs. does the gop have a real chance to retake the house? sean duffy explains next. ♪♪ ♪♪ this flag isn't backwards. it's facing this way because it's moving forward. ♪♪ just like the men and women who wear it on their uniforms and the country it represents.

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todd: tensions grow at the ukrainian border, vladimir putin insists he has the right to react harshly to unholy steps taken by the us and nato. thousands of troops near its border with ukraine, the us and nato hope to de-escalate the situation at expectable discussions with russia at the start of the new year. >> harvard university professor charles, china run recruitment program, prosecutors say he failed to disclose his relationship at the wuhan

university, for his participation in the program. the us flag a criminal program as a major national security concern. he faces 26 years in prison and $1 million in crime. heather: democrat's dropping out of 2022. kevin mccarthy think the retirement trend on the left will continue. >> democrats in 2010 when they lost 63 seats, only 17 democrats retired. every day there is a new person retire because they know this is the wrong path america wants to go down. the solid wing of the democratic party is the socialist wing, aoc and others and they will push harder now. >> here to react is congressman and fox news contributor sean duffy. how big a chance to we have of this red wave because in 2022,

with the governor's race in new jersey and what happened in virginia? >> great opportunity to win. what kevin mccarthy said is true, the number of retirements, the political cycle will be so bad so many of those people go i don't want to tough race, probably not going to win, just retire. that is why democrat retirements are stacking up but here is the big thing, generic polling. 4 to 6 points. the voter trends work, normally if democrats are up by four points that is even for republicans. the american electorate turns

out, republicans up by four six this will be a bloodbath, republicans can pick up anywhere from 35 to 65 seats. todd: that is a huge prediction and a huge number. wisconsin-based group pushing for the removal of milwaukee prosecutor john chisholm after his office liberal waukesha -- on mobile just days before the tragedy. former prosecutor your self. do you think 2022 will be the year these public defenders masquerading as das really get rained in or is it more of the same? >> you are talking john chisholm in milwaukee, and his progressive policies for a year.

bail reform and diversion programs, holding criminals accountable, criminal justice reform and all the things you are talking about in milwaukee, and wisconsin, governor evers should have that, the problem in wisconsin, these come up every four years which is and isn't up for reelection until 2024 so if you want to get back to fighting crime you need to have it moved that america has woken up and they look at prosecutors and safety and see the connection and that is a congenial prosecutor, seems nice and fair about criminals and redirecting them, not anymore. now what are you doing with bail reform and criminal justice reform? are you a tough prosecutor but a fair prosecutor? what is happening with a crime wave across the country voters are focused on that and school boards, they know what kind of massive impact these local elections have on everyday lives

and pay attention and you can have george soros funded candidates driving millions of dollars into these races. i don't think that will look any longer because the local communities aren't paying attention. ashley: we only have 20 seconds. do you think these other areas will take notice of what has happened, it took something tragic to realize this was irresponsible. >> this is in the forefront of everyone's mind to have a recall election in los angeles for gascon, these things are significant and in more progressive areas you are seeing the electorate, i might be liberal or progressive but i like security and like to have really bad behind bars. i like him behind bars, that is where they should be so a prosecutor is going to do that. todd: out of all the noise you always here in the world of

politics there is one issue that unites everybody, people have a burning desire to keep them in their family safe. pick up a copy of sean's new book all-american christmas in case you haven't heard about the book from now. it is called all-american christmas. we appreciate your time this morning. >> have a great gift for christmas, merry christmas to you too. todd: still had during his address president biden offering some rare praise for donald trump, the fox news has the exclusive on the former president's response. ashley: a supply chain crisis ruining your christmas? we have an update later today. lauren simonetti has details next. ♪♪

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ashley: a complement from the white house for donald trump praising operation warp speed forgetting the vaccine out in record time. todd: an exclusive reaction from 45 himself. >> reporter: it was a rare

moment at the white house with president biden complement ingrid donald trump. listen to this. >> president biden: donald trump announced he had gotten his booster shot. may be one of the few things he and i agree on. thanks to the prior administration and our scientific community america is one of the first countries to get the vaccine. >> i spoke to the former president later to get his reaction to the praise. trump told me he was appreciative of biden's comments and was surprised to hear it. he thinkable a terrific thing and makes a lot of people happy. trump told me he thinks biden, quote, did something very good adding it has to be a process of healing in this country and said that will help a lot but as trump returned the compliment biden took heat from the press on covid testing shortages. >> is a failure you don't have adequate tests for everyone if they need one right now? >> president biden: it is not.

covid is spreading so rapidly, it happened almost overnight. >> reporter: biden vowing to increase testing sites and send out half 1 million free at home tests but a form member of the covid response teams is biden's plan won't medicaid omicron and says vaccines and boosters are the best protection at this point. >> everything else is a drop in the bucket. 500 million tests over how many months is that going to be done, the only reason we are in such a problem is the biden administration did not invest interesting from january to september. >> reporter: gerard called a failure for biden and rated his tuesday speech with a c-. todd: thank you very much. the supply chain crisis in full

force, president biden will be briefed by the white house task force on fixing it. >> what can we expect heading into the holidays? >> later this morning the president will leave with his supply chain disruptive task force and private-sector ceos. how is looking days before christmas and how long will it take to replenish depleted inventories after the holiday? there seems to be improvement, it could be a lot 6. ships have been pushed out to see so they are lining up and waiting to arrive at port to unload. the administration announcing incentives to hire more commercial truck drivers so christmas of 2021. i am thinking i can't get a test to see my family and i will give them an iou for the gifts they might have in june, this is nuts.

todd: this is not going down in the memory books but we will see. president biden thinks he can get something done. >> president biden is optimistic build back better won't be built back bidder. >> did senator manchin break his commitment to you? >> president biden: senator manchin and i will get something done. thank you. >> reporter: take a lot to move senator joe manzo which and who has been arrest for the size and scope of the spending bill. it is not clear if he can get on board with a plan that progressives in the party but also accept. those progressives willing to bypass him completely in the constitution to render demand through executive action. ashley: elon musk and headlines slamming california for its over

taxation. >> slamming california to validate his decision to move to texas saying this. california used to be the land of opportunity is becoming more the land of overregulation, over litigation, over taxation. speaking of taxation it appears the world's richest man is done selling tesla stock, to pay uncle sam an estimated $11 billion this year alone and one quick point on california. he says the state is complacent in its success taking innovators like him and their money for granted. that is how it feels. >> don't forget elizabeth warren calling him a freeloader. a freeloader paying that much in taxes.

ashley: thank you very much, time now 51 after the hour, but since she's sorry for the horrible things she said about the great people of west virginia. he confronted hillary clinton in 2016 but now joins us respond to the hollywood elite. ♪♪ to the place ♪♪ i belong ♪♪ west virginia ♪♪ dishes... ♪♪ and a new seat at the table. ♪♪

>> bette midler issues apology after firing off mean tweet about west virginians. todd: copley coal minerred from the state reacts. read the tweet for the viewers what joe manchin who represents a population smaller than brooklyn has done to the rest of america wants to move forward not backward like his state is horrible. he sold us out. he wants us all to be like his state, west virginia. here is the key line, poor, illiterate and strung out.

what was your reaction when you first saw that? >> i think my first reaction was bette who? i don't recall anything she has done too significant here in the last little bit. but, you know, i don't think a lot of west virginians are losing sleep over it. only thing lose sleep over is getting up early and heading tout work. ashley: brooke, first off a girl from a long line of coal minors on both sides of my family i commend you for what you do. i do want to talk about joe manchin for a second. you said that you agree with the opposition to the bbb legislation and it is something the majority of people in west virginia ask for but do you think that perhaps he is just doing this to get reelected because it seems like it might have been a little bit of a different situation when president trump was in office. >> absolutely. i may be a little jaded on the

subject. i actually ran for senator manchin's seat back it in 2018. you are looking at a guy who spent four plus years opposing the people of this state and what they wanted in fighting president trump on everything he did. and now you have him fighting against president he supported in opposition to president trump. so, more of him giving us him of what we want or more of a chance for him to stand in the limelight. for me that's what it looks like. gives him the opportunity to reposture himself going into an election trying to make himself look better. coming up two years out of election time. so is it really drying to do what we want for once or just trying to save face and save himself for re-election? todd: let me get in the second midler tweet quote unquote apology. i apologize to the people of west virginia for my latest

outburst. joe manchin and his family criminal enterprise. is he the best to or the citizens. surely someone has the best interest at heart not his own. i know you said you ran for that seat. how tiresome does it get that these liberal blue staters just simply think their way of life is so much better than yours? >> they will get tiresome. they have the platforms. they're the people that can get their tweets read and for people to react to. we know deem in our hearts the things we do in this state really drive this nation far more than someone like bette midler or hollywood liberal elitist. if she really feels that way, of the way i look at it, i'm sure that there are way more people in this state that could do her job than any of these jobs that she could possibly do. you come do what we do and see how well you do at it or give us

a chance to do what you do, i promise we could do better at what she does. ashley: seeing what you guys do, it's not easy. todd: bo, that's a great point. bo copley no fan of rochelle, rochelle. thank you for joining us this morning, sir. with that, ashley, great being with you. time to go off to our friends on "fox & friends" right now. bye-bye. >> president biden laying out his plan to combat the rise of the omicron variant. >> all these people who have not been vaccinated, you have an obligation to your country. >> there continues to be this demonization of unvaccinated. this is counter productive and not helpful. >> some federal inmates previously released on home confinement due to covid may not have to go back to prison. >> continuation of the overall thoughts on crime attitude on the part of the democrats. >> tensions along the ukrainian border are growing as the u.s. calls on russia to remove its forces. >> promising if escalation