todd: it is wednesday december 20 eighth. republican governors taking the covid fight while president biden vacations at the beach and faces waves of criticism for breaking his campaign promise to shut down the virus. >> he has admitted not only does he not have the authority but doesn't have a clue how to fix what he claimed he would have fixed long before now. todd: the first order of

business on december 29th, how governors plan to do it. benjamin: if you thought bill reform is a bad policy liberal leaders want to reduce penalties for drive-by shootings as a way to support people pulling the trigger. todd: we are honoring the legendary career of hall of famer john madden. that was quite a shock when i will cup and saw that news. he was a legend. you are watching "fox and friends first". thanks for being here. i am todd piro. benjamin: i am benjamin hall in for carley shimkus. the biden administration tasked with gop governors touting a federal plan for covid from the beach vacation in delaware. todd: this after the president

admitted there is no federal solution to combat the pandemic. lucas tomlinson joins us with all the details. >> reporter: the daily record for coronavirus cases reached the highest level since the start of this pandemic. hospitalizations and deaths lagged on peak levels from a year ago. president biden says it is up to the states to figure out the way ahead. >> president biden: there is no federal solution. it has to be solved at state level. >> reporter: year after year we finally agree the federal government is the solution, that is why from the start south dakota took a different approach, to make decisions for themselves and their families. it recent federal mandates. the administration has the back of every governor. a federal plan to add vaccination booster capacity,

hostile equipment staff and more. a year ago the day after being sworn in the president rolled out his national strategy for fighting covid, before turning to the federal government. the president wants at both ways, resolve the pandemic because his administration can't, to push vaccine mandates with no thoughts of the consequences. >> this is complete incompetence by the biden administration, giving them to every household, we are not in that position. >> reporter: the mental and physical control, the impact of isolation especially among teens, some turning remotely next month. todd: all right, look.

i know this is a week where oftentimes we are tired because of the holiday and forget what day of the week it is but this messaging on covert is all over the place not just this week. this has reached a new level. can anyone follow this? we have no federal solution according to biden but tons of federal mandates and funding so any of these federal mandates or at least push back to these federal mandates in court, touting a federal plan, the testing situation is an absolute disaster. there is no testing, hear, governor huckabee early on the program saying they are taking extreme legal positions while admitting president biden, the white house doesn't have the authority, a few months ago president biden said this. >> we need leadership from

everyone. the governor is not willing to do the right thing to beat this pandemic they should allow businesses, universities who want to do the right thing to do it. i say to these governors please help. if you aren't going to help at least get out of the way when people are trying to do the right thing. benjamin: we don't know what is behind it, if it is an attempt to shift the blame for these poor covid policies to the governors whether it is realization there is no 1-size-fits-all and governors have the best chance of getting through this or whether he misspoke, that's not the first time. the messaging is not clear. cdc guidance, getting a bit confusing, shifted the quarantine time from 10 days to

5 days. we had doctor janette nesheiwat talking cdc guidance. this is what she said. >> a fully we implemented these new guidelines 2 or 3 weeks ago, we see football games being canceled. schools referring to remote learning. it is a tremendous impact for the holidays. we are learning as we gather more information and move on how to begin adapt to this virus, to better function the american people, we need to learn to live with and adapt to this virus and not let it control our lives. we need to find a way to get on with our daily functions in a safe manner. benjamin: instead of all this fear we heard heading into the holiday season, we heard doctor fauci on air time and again warning people about seeing families and having a normal

christmas. a pity it took so long to get here but the first time we had knee-jerk reactions. when i was first discovered in south africa, there was a travel ban, everyone was saying what we know from omicron so far is it is not as bad as delta, we needn't go this far but that is what happened and it feels like the administration is playing catch-up, trying to figure out policies based on little information or what we don't know so hopefully as we heard doctor janette nesheiwat say we can learn to live with it and get back to life as it used to be. todd: the number one comment i get from people, family, friends, people in general, does anyone know what they are talking about? i get that question all the time and the answer is i quite frankly don't know.

to your point it does seem like people are making things up on the fly. we understand covid by and large is a moving target but if you are first in controlling the disease, a pandemic, and that is your job a response and coordination should be much better than we are seeing right now nearly two years into this thing yet here we are. it is a disaster still and doesn't make sense why we are still in this, makes no sense. benjamin: no real sense that we are getting out of it. new jersey governor phil murphy is taking heat for going on holiday to coaster rica despite covid case is spiking in his stated the biden administration warning travelers to reconsider visits to the country. they are on an 8 day trip. the last month, new jersey has seen a 600% spiking covid cases, the state department issued a

level iii advisory is a covid and cry. murphy says he needed time with his family. don't we all? todd: trivia pouring in for harry reid who died tuesday after a four year battle with pancreatic cancer. senator chuck grassley saying even though i am ideologically opposite i must say he did a good job representing the interests of nevada in the u.s. senate. as majority leader he ran a tight ship. a long time rival, senator mitch mcconnell saying the nature of harry's and my jobs brought us into intense conflict but i never doubted that harry was always doing what he felt was right for nevada and our country. senator joe manzo much and saying harry reid was the quintessential public servant, serve the people of nevada for decades, was a giant in the united states senate. my prayers are with his family and friends as we mourn this incredible loss. read served in the senate from

1987 to 2017. harry reid, 82 years old. a legendary broadcaster, john madden dying unexpectedly at the age of 85. one of the most iconic and recognizable names in football history. benjamin: marianne rafferty has the reaction to his death. >> for many generations of football fans john madden cultivated a lifelong love of the game. most will remember his familiar voice, the most memorable plays, the most exciting championship games over three decades. madden in his own words. >> football is my life. i say proudly. it is complicated. >> you can't write this history of professional football without

john madden. >> yelling and screaming at guys. >> he is an approaching teammate. >> long before he was a sports broadcaster and had an nfl videogame madden was a winning head coach of the oakland raiders leading the team for 10 seasons and winning twee 7, afc title game that the super bowl in 1977. a statement from the raiders reads in part the raiders family is deeply saddened by the passing of the legendary john madden. few individuals meant as much to the growth and popularity of professional football as coach madden his impact on the game both on and off the field was inevitable. thousand present the raider nation are with virginia, and the entire madden family at this time. tributes pouring in the sports world. always good to me. and condolences and love to the madden family. congressman burgess owens, tweeting the raiders lost a legend today, honored to have

known john madden, his impact and love for the game would never be forgotten. roger goodell adding nobody loves football more than coach. he was football, he was an incredible sounding board to me and so many others. there will never be another john madden. and. >> sundays growing up, and great and if these rivalry games, and an starting coverage of football in the behemoth it is today. john madden was a legend. so much of the younger

generation knows john madden is the videogame guy. i know him as the amazing broadcaster. >> thanks to him so many people around the world got into football because of that game. that is a great thing. growing up in the uk i was one of those people introduced to football because of the game and developed a love for it. he is the name that is synonymous with this sport and you can tell one thing about him and that this is pure passion and love for. we've lost a fight never game and he will be sorely missed by everyone. 16 of these, 11 super bowls, coach, broadcaster, a admired by so many. senator ran politics feud moving on with doctor fauci is far from over. >> tens of thousands of people lost their lives because he

ignored natural immunity. >> more of those bold accusations when congressman greg murphy joins us live next. , finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org i'm jonathan lawson here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three ps. the three what? the three ps? what are the three ps? the three ps of life insurance on a fixed budget are price, price, and price. a price you can afford,

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committee on coronavirus spending a year investigating the trump administration and its, quote, historic failures handling covid but the us recorded more than 430,000 new covid cases, 1600 coronavirus deaths on monday alone under president biden. here is reaction to the report, vice chair of the house gop doctors:physician 30 years, north carolina congressman greg murphy. thanks for joining us today. this subcommittee, good morning, this subcommittee is quite something. they released their end of year report that focuses on investigating trump's historic failures but more americans died, fewer tests were available, the economy deteriorated mortar president biden's want, what does it say about democrats so blinded by partisan anger?

>> i truly believe, hypocrisy that runs rampant in that administration. biden just said it was not a federal response and then they are attacking trump's response during this entire thing and biden ran on the back that i'm going to shut down the virus, just hypocrisy after hypocrisy. vaccine saved hundreds of millions of lives if the trump administration about put forward warp speed. to do this is typical for this administration. they create a crisis or they say they can fix a crisis when they can't and then blame trump. it is really pretty sad to be honest. todd: i'm having a little bit of an issue with benjamin's shot. my question for you looking ahead to 2022, coming up at the end of the week, once the calendar changes over all eyes are going to be on the midterms

more so than they are now or have been the last couple months. do the american people see through this and told democrats accountable at all stages, not the house and senate but multiple elections. >> that is evidenced by what we saw in virginia and new jersey. if you look at so many of these elections statewide or nationwide, they are determined by independents and they now by a large large majority are rejecting the biden administration. they don't have confidence in this man or his administration does and look at the crises this administration has caused so i think there's good reason to feel optimistic for conservatives to come back in the office. the collateral damage is the country and not just domestically but internationally but it does show the country has finally seen through the

rhetoric and lies of the administration and a lot of voter regret. todd: let's talk about the, quote, damage, rand paul saying fauci's buys for vaccines cost thousands of lives to covid. take a listen. >> if you don't prioritize the vaccine, many people die and many 35-year-old people being vaccinated. tens of thousands of people lost their lives because he ignored natural immunity. fauci's philosophy that vaccines are incredibly successful in the way to go versus therapeutics. todd: that is a bold statement. i'm not being in the medical profession don't feel i could make that leap. rand paul was in the medical profession and made that leap. you are doctor. do you make the same leap rand paul did? >> 100%.

we put all efforts into vaccines which is great but some people can't take vaccines. impoverished places in the world, several impoverished places are vaccinated. we have been very wrong in not looking at repurposing drugs. several of the other 6 or 7 drugs that have shown excellent in vitro activity against this virus we can spread poor countries in the world. pfizer and moderna as far as getting vaccines out. it is also comical they attack the trump administration when fauci was the run running the show there. fauci has been wrong it also has been wrong in his approach to this, he has been arrogant, he has been a bully, he has been all these other things, that is not how you get people vaccinated.

that is not how you get out of the pandemic. todd: it is a tricycle and the administration is focusing on only one wheel, makes no sense. appreciate your time and thanks for bearing with us. part of the process. appreciate it. the biden administration, israel says it has proof that iran is lying to the us. we are live in the middle east. remember these images of border agents on horseback were largely misrepresented by the media? listen to this. those migrants suing the biden administration for mistreatment. is the biden administration also on their side during these lawsuits? we are digging into it after this.

benjamin: the biden administration has no progress report on nuclear talks in vienna as israel reports iran is

deceiving the world. the fallout from the 2015 deal with iran. >> reporter: the biden administration urging patience when it comes to nuclear talks with iran saying it is too early to tell if progress is being made. the eighth round of nuclear conversations kicked off this week in vienna, austria between the islamic republic and the parties to the 2015 nuclear deal. iran is refusing to engage direct the with the united states the claims there is progress. one top diplomat described the conversation saying the vienna talks are headed in a good direction. we believe if other parties continue to round of talks in good faith, we could reach an agreement with all parties. with iran increasing its storage and enrichment of uranium the united states is accusing the country of slowing the negotiations. >> the fundamental situation has as of today not changed.

iran has it best been dragging its feet in the talks while accelerating its nuclear escalation. >> us ally israel warns it will act unilaterally against iran if the country gets closer to a nuclear weapon. is really foreign minister said this week allies of the jewish state prevented with intelligence deceiving the west about nuclear aspirations. the question is about timing and the question remains how close will israel allow iran to get to nuclear weapon before it takes little reaction. benjamin: thanks very much. todd: remember when the mainstream media claim border agents, haitian migrants attempted to cross the border illegally, those agents are suing the biden administration a new op-ed, the white house is actually on their side.

former acting ice director tom home and you've seen these frivolous lawsuits firsthand, what is going on here? is groups are not waiting for a conclusion to the investigation. the secretary promised that months ago. the reason there is no conclusion to the investigation is because the investigators are in a tough spot. the secretary, the president and vice president, in a real investigation, they did, the policy is clear. i started my career in border patrol. i've seen the video. these officers did nothing wrong, they did their job. they used their horses the same way they use horses in times square for crowd control. they did their job. the only one, the haitian migrants, a crime, a misdemeanor, they ignored verbal commands from federal officers which is a felony but troops, the investigation to end. they use statements to the

president saying is upon and these agents were paid, statements from the vice president saying it is a racist issue. the secretary of homeland security said he was appalled and they attack children. the same secretary says fair, independent reviewer investigation, and by vilifying men and women on horseback. with these advocacy groups the white house supports, and status for haitian migrants. and if they are deported but suing the government you can't remove them and litigation. these lawsuits make the government bring them into the united states to do litigation. a lot of contentious lawsuits, that is what this is about. lining their pockets to get some sort of reward for those who broke the law into the country.

todd: i understand from the perspective of open-door advocacy groups, that's what we want, we don't agree with that they are fighting for their aside. i understand the fight haitian migrants wants to come to the us, don't agree with the way they are doing it but understand it. what i can't wrap my head around is the federal government's number one job is to enforce the nation's borders and defend the rule of law. in both instances they are not doing it by helping the people bringing suit against the government, this application is correct, what say you? >> agree with what you just said. these lawsuits send a bad message because they hope the government settle these cases on the course because of nuisance factors. when i was ice director, i refused to settle out of court. i said we did nothing wrong.

our attorneys would litigate and advocacy group that wants to do nothing but line their pockets. this administration refused to enforce immigration laws on the border and this is the result of not enforcing laws, rewarding goals who break our laws rather than have some sort of turn to break the law. >> in your head scratches this may top the list. we appreciate it. benjamin: the time is 32 minutes after the hour. the president's coronavirus messaging, being called out by republicans. we have the scathing criticism from democrats too plus fans across the nation remembering the late great john madden, joe concha shares his reflections on the nfl hall of fame are coming up next. ♪♪ i'm the man ♪♪ i'm the man ♪♪ i'm the man ♪♪ i'm the man ♪♪ i'm the man ♪♪ i got all the answers to your questions highly recommend it! zifans love zicam's unique zinc formula.

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>> the biden administration to because flat footed by omicron, this could cost them politically. >> not just republicans bashing president biden is handling the coronavirus pandemic and his botched messaging. benjamin: joe concha joins us with this. nice to see you today. we've been talking about this since president biden said it. we can't get to the bottom whether he is trying to pass

blame or whether or not it was a mistake. a lot of focus, the gop called president by a hypocrite, president biden claimed he would shutdown the virus, now year later when he failed to do so he said there is no federal solution to covid. president biden is a hypocrite and donald trump's communications director called him out saying this is not what he campaigned on at all, he's going to shut it down and ask clinton advisor slamming president biden saying news, biden gives up, there is no federal solution. hashtag covid, hashtag omicron. president biden himself promising to shut down the virus. >> deal honestly with the american people and never ever

quit. that is how we will shut down this virus. i'm going to shutdown the virus. i am not going to shutdown the economy. i'm going to shutdown the virus. benjamin: which is it? i don't understand. >> there is your campaign ad in 2022-2024 in a nutshell. this hypocrisy to answer your question comes the same weekly us set a record for the most covid cases this country has seen since the beginning of the pandemic. there is pushback from far left critics on social media saying the president was taken out of context when he said covid policy should be handled at the state level. of that was your case around mixed messaging and clarify the white house medications team would be cleaning up while 5 by now and clarifying that comment but has yet to do so.

you look out at cities and towns across the city on your tv screens, your phones, take a ride to your average stripmall where urgent care is in line stretching block after block as people try to get testing, they have trouble getting home tests. the president said he would control the virus as the candidates, and your cancer if elected. never judge this president or this administration on his words or promises. you base them on their actions and results and the results thus far whether it is covid or inflation or crime or the border or education or afghanistan of all been horrific in day one. see where this goes. when you see the left and the right disappointed in the president on the one item he was pulling these leon, around 50/50 approved is approved, that spells huge trouble for a president that absolutely is not controlling the virus.

>> i want to get your thoughts on the passing of the legendary john madden. what was it about john madden that spoke to millions of us. >> one word that comes to mind is authenticity. john madden was a real guy who gave real analysis at cbs, nbc and commentator and changed football and sports media and so many impactful and profound ways. he was a coach, did what a super bowl, over 70% of his games he won which is incredible considering he coached in a decade the steelers and dolphins were in his conference in the 70s and pat summersall and john madden, the greatest broadcast team of all time plus obviously madden videogame that brigid the

gap in generations as far as carrying on john madden. this is a guy who did the greatest miller light commercial and so many great things and be loved by so many people because he was a real guy you want to have a miller light with. he will be missed, 85 years old. >> you mention summerall and madden. joe concha. thank you. >> meteorologist adam klotz is here with our weather forecasts. >> a wacky day ahead of us. take a look at northern plains, fargo, negative 20 degrees, feels like temperature negative 30, negative 40 as windchill warnings and advisories across

the entire region, northern plains in the upper midwest where it is downright frigid. as far as the weather systems two we are paying attention to, when in the southeast continuing to see rounds of heavy rain across portions of the west. in southern california flood alerts today from san diego, further inland, areas we see heavy rain, mud slides with this. some severe weather this afternoon getting into mississippi and alabama stretching up towards tennessee. a wild day in the weather. we will be watching it. carley: thanks so much. brace yourself for more pain at the pump. todd: cheryl casone has by price you will pay in the new year coming up. ♪♪ superpowers from a spider bite? i could use some help showing the world how

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carley: - prices on the rise and the outlook, the cost of a gallon of gas is on track, $4 on average nationally. todd: cheryl casone is breaking down the forecast.

>> reporter: i heard that, brace yourself for cheryl casone it, brace yourself for this. in a report predicting more pain at the pump. $4 a gallon on average next year. gas buddy says the number will be had by the summer against the current trend of prices since early november. several major refineries louisiana and texas down, demand story and gas buddy calling this the perfect storm. refinery capacity sitting at a 6 year low. >> president biden getting criticism from greta thunberg. >> reporter: the swedish teenager telling the washington post if you call him a leader it

is strange people think of him as a leader for the climate when you see what his administration is doing, the us is expanding fossil fuel infrastructure. this as democrats are still trying to pass the president's build back better plan without senator joe manchin's support and that is a tough road ahead for the dems. todd: there goes biden's chance of getting on teen beat. mayor bill deblasio not worried what he's doing to tourism in the big apple on his way out the door. >> reporter: he will burn the place down before he leaves. new york city mayor bill deblasio leaving office friday denying his vaccine mandate. >> i always appreciate any concern folks in the restaurant community have, some of our visitors have a concern i appreciate that deeply and we want to be responsive in every way but the number one job is to protect.

>> reporter: kids have to be fully vaccinated under restaurants, gyms, movie theaters and other entertainment venues, cutting their visit short at the time the city really needs businesses to be open. the economy is struggling. talking on mornings with maria we will have a chat about bill deblasio. benjamin: the time is 50 minutes after the other. governor phil murphy takes a vacation from the pandemic while the people of new jersey abide by his mandates and covid rules, sean duffy joins us to discuss next. todd: let's check in with lawrence jones for what is coming up on "fox and friends". you are a big football guy. this john madden news hit us in the gut this morning. >> coming up on "fox and

friends" president biden says there is no federal solution for the covid outbreak so why is he still pushing those federal mandates? that is what governor christie knowem wants to know. sportscasters jim gray and tom ranalli here to reflect on the life and legacy of nfl legend john madden. plus mlb hall of fame inductee and former new york yankee mariano rivera joining us with the latest efforts, a big show ahead, don't go anywhere. more "fox and friends" coming up. tough. finding understanding doesn't have to be. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org.

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♪ >> ben: new jersey governor phil murphy taking heat for heading to costa rica for 8 day family vacation. >> making the trip despite the omicron outbreak we consider visiting the central american country. here to react is fox news contributor sean duffy. at this point why are we still

surprised when these democrat leaders and by and large mostly if not all democrat leaders go all rules for thee and not for me? sean: you know what? one of those situations i get he had a hard re-election race. he almost lost. he has done such bad job in new jersey. but when you have a crisis burning you should stay at home especially when you are the governor and surging cases of amicron and across the country. i don't understand this. you wanted to be governor. stay home did and your job. the citizens of your state expect that but here is what gets me with the media, todd. i go look at and go remember when ted cruz went off to cancun mexico and the media lost their mind over that? by the way he is a u.s.s. senator and has nothing do with the state of texas. he has senator from texas but not the governor. upset about that.

murphy leaves and he goes out of the country they don't mind no big deal is he a democrat and still murphy. >> ben: sean, i want to get your views on something else down in florida. governor ron desantis taking aim at two other threats wokeness and china. make changes in how the state's funds will be invested keep them out of woke. he wants to prevented them from investing in china say going you look at how these major companies behaved when faced with chinese disapproval, they censor what the cdc tells them to censor globalling policies. go back american elites if we allow china into the who that will make china more like us. its experience has failed. governor desantis says down in florida. what do you think? >> china is not becoming more like us. it looks like america is

becoming more like china credit score system of having to show passports vaccine for access public right. with that said, ron desantis is looking more and more presidential with all he does. and that's why they say governors are greats training ground for president. he is pushing back to say we are not going to use florida dollars to invest in china. i mean, this is a horrible regime. has no respect for human rights. and so i think this is a smart play on his part. to your other point, benjamin, it's wonderful that a governor is going to say you know what? if you want to be awoke corporation that doesn't also respect individual rights, you know what? you are not going to do business in our state. again, is he using the power of the governorship to make sure that people go freedom liberty and american way. if you don't, you are not going to do business with us. that's why he has been such popular governor. again, is he putting florida first over china and other states that don't buy into the

freedom that florida believes. in. todd: got about 45 seconds before we have to hand it off to our friends on "fox & friends." if more states follow florida's lead, how big, sean, could the impact be? again, 45 to you. >> listen, it's significant because these -- especially wall street banks, they love to do businesses in the state, it's big revenue for their bottom line. if they start to lose places like florida and texas and georgia, you know, other places across the country, they will really start to pay attention. again, more states have to stand up like ron desantis. if they do you will see corporations change their way, in the past, todd, they have been able to get away with their wokeness, play to the left but still do business with the right. that's not going to be the case anymore. todd: it's going to take all of us rowing in the same direction. >> ben: thanks for joining us today. todd: to make this happen. it really is and fingers crossed we do it as a country.

sean duffy, we appreciate your time this morning, thank you very much. >> you guys look great together have a good morning. todd: it's the men show right here. ben, it's been fun hanging out with you these two days, i appreciate your time, sir. >> ben: you too, todd. a real pleasure. hand over to our friends on "fox & friends." that will start right now. thanks, todd, have a wonderful day, everyone. thank you. ♪ ♪ you ain't seen nothing yet ♪ baby, baby ♪ you just ain't seen nothing yet ♪ here's something that you are never going to forget ♪ baby, baby, you just ain't seen nothing yet. will: good morning, welcome to "fox & friends," december 29th, wednesday, 2021. will cain, kayleigh mcenany, and lawrence jones, back with you again this morning on "fox & friends" on her second trip around the "fox & friends" three hour tour. kayleigh mcenany, we are glad to have you back this