that mean? it means people in the same field have gone through it and questioned the hypothesis and questions the research and looked it up to see does this research stand up? that is what science is all about. >> strange times when a football player makes more sense than government scientists. i am sean duffy in for laura ingraham. catch me when i fill in for tucker and this is on the kitchen table. up right now, gutfeld. benjamin: delay mask well guilty and facing decades behind bars for checks -- sex trafficking for billionaire jeffrey of seen. with other names answer tough questions in the case that shocked the nation? live report coming up. benjamin: president biden sets to hold a second phone call with russian president britain just hours from now. the last minute request coming from the russian leader as

military tensions flame along ukraine's border. we are live overseas with breaking details. >> the president ringing in the new year at the beach as americans he was arrested surge of covid cases in the nationwide shortage of covid tests. we will tell you what we just found out about the 500 million kids biden promised to mail home. if you want to test you may not be happy with the answer, you are watching "fox and friends first". i'm sure you're happy with that. i'm todd piro and you will be happy with this, take it away. >> i'm kevin cork in for carley shimkus, we begin with a fox news alert, ghislaine maxwell found guilty on 5 of 6 counts including sex trafficking, after years of working for and having a relationship with jeffrey epstein. todd: maxwell's accusers rejoice.

>> ghislaine maxwell showing no emotion after being found guilty of recruiting and grooming teenagers for sex, calling taking a sip of water and talking with her attorney after the verdict was read. the jury finding maxwell guilty on 5 of 6 counts after 5 full days of deliberation. >> a unanimous jury how the main maxwell guilty of one of the worst crimes imaginable, facilitating and anticipating in sexual abuse of children, crime she committed with her co-conspirator jeffrey epstein. >> reporter: maxwell was acquitted only on count them to entice the miners travel to engage in illegal sex acts. the team vowing to appeal guilty verdict after something to paint maxwell as an innocent scapegoat. >> we believe in her innocence. we are disappointed with the verdict. we started working on the appeal and we are confident she will be

vindicated. >> reaction pouring in from maxwell's accusers many of whom are young teenagers at the time of their alleged abuse by maxwell and jeffrey epstein. accuser and a farmer saying, quote, she can't hurt to many more women in the few of us who had the chance to testify in the courtroom. i hope this verdict bring solace to all who need it and demonstrate that no one is above the law. even those with great power and privilege will be held accountable when they sexually abuse and exploit the young. accuser virginia robert jeffrey who is not called as a witness in the trial but is one of maxwell's most vocal accusers reacting on twitter says i hope today is not the end but another step in justice being served, maxwell did not act alone. others must be held accountable. she is also suing prince andrew for sexual abuse allegations he has flatly denied. the sentencing date is not been set yet. maxwell faces up to 65 years in prison.

todd: thank you. constitutional law expert jonathan turley reacting to the verdict this way. >> the defense was rather implausible was this was a woman who was arranging the transport of young girls including underage girls to epstein's house. there were flights to his island. it is hard to imagine anything was involved other than sex trafficking or abuse of these girls, there was no explanation offered by the defense, she didn't take the stand because i don't think she had anything to say when confronted with the facts. for years we've had a striking disinterest in pursuing the people who were receiving these

so-called benefits from epstein and maxwell. they are out there and the question is will anyone be asking who they are, what they did and what evidence she might have? >> truly went through all the important questions we need to ask going forward. there are people out there caught up in this, many people, not just these two. you had your enablers and then these people that received services, money, things like that from epstein. what happens to them? what evidence did prosecutors find in putting on maxwell's case they could be to other prosecutions going forward and the big question is will the world of money and power be able to cover up in the next round? it didn't work in the end for epstein or maxwell. kevin: in addition to finding lots of information, the electronic collection that has taken place, pictures and more

information than has been publicly disclosed through the entire circumstance it makes you wonder what will come of those who had a hand in what was going on in the new mexico case and his island. and as anyone who is a parent out there or associated with children it doesn't just turn your stomach and make you angry, you just don't have a heart and if you watch this trial at all you have to walk away feeling justice in part may have been served and we will see what the final verdict is in terms of time behind bars but a fitting end to a devastating trial and i believe part one of many more parts to come. todd: great point. kevin: across the country carrying on for miles and miles as people wait for hours to get covid tested.

>> the white house pumping the brakes on mass mailing, half 1 billion tests after the isolation guidance. lucas tomlinson joins us from the nations capital with the latest. what is going on? >> in an audio briefing, half 1 billion tests will be distributed for free beginning next month but the contract is yet to be completed. earlier this week president biden says his administration has been ramping up testing but admitted is not enough. >> president biden: went from no over-the-counter tests to 6 million in october, 100 million in november and 200 million the summer. it is not enough. if i had been we have gone harder and quicker if we could. >> little consolation for millions of americans waiting along lines ahead of new year's eve, the new york times at the number of covid cases reported yesterday in the united states skyrocketed to nearly half 1 million, almost twice the number of the worst single day last

winter. in the nations capital medical expert say the highest risk anywhere in the country and 900% spike in cases over the past two weeks as the cdc recommends isolation time because in have from 10 days to 5. could execute the administration of abandoning science that focus on business. >> when people need to get back to work what is it they will do? >> sound like this decision had as much to do with the business as it did with the science. >> it had a lot to do with what we thought people would be able to tolerate. >> there's no testing requirements, some airline and nurses unions protesting the move, doctor fauci said the rapid tests might not be completely accurate. >> the antigen tests don't have a good predictive value as to whether or not you are transmitting. >> reporter: not all states plan to follow this guidance,

michigan's about roosevelt issued a statement saying it will not be adopting the new shortened quarantine isolation time for now. todd: we have record us cases, a cdc creating mass confusion by mixed messaging, lack of tests which is unconscionable because we've all known this could happen and president biden at the beach playing with his puppy on the long walks on the sand already charles lane, fox news contributor says this is not something biden will be happy for come midterms. >> a lot of people have the expectation that once we got vaccinations on board normality would rain and it would rain pretty much permanently and we are in a point where that has not turned out to be the case and i think there's a danger some people will just throw up their hands and say that is it, i'm not listening anymore and those lines of people for testing reminded me of the gas

lines i grew up with in the 70s. the incumbent will pay and that is what they are looking at if it doesn't turn around. >> why can't the cdc, one body in our country that is supposed to deal with public health like this, why can't they get their act together, wise president biden at the beach, we all like vacation but sometimes you can't take them. the thing i can't get past is where the tests, the signing this contract for these tests would be laughable if it weren't so sad. why haven't we signed this contract? the corporate law world there are tons of deals closed the week after christmas, don't give me the excuse nobody is working, that's not how it works in the corporate world, the government should be able to sign his contract. it is unconscionable to me we see lines like we are seeing on

our screen in connecticut, we will do the story in a second but we were supposed to get free tests tomorrow, today in fact and they are not in from california because we haven't figured out the testing game at all and it is an absolute disaster and unconscionable this is happening in the united states of america. kevin: if you consider what the coverage might have been like had this happened in 2018-19 and donald trump within the president during the circumstance and you had lines across the country to say nothing of the fact that he is on vacation. can you imagine the coverage? it would be great incredible. gop governors gearing up to fight biden's mandate after he admits he frankly doesn't have a plan. >> i'm from the president biden is finally agreeing with me. we have asked him to back off of these mandates, we have told him and we are suing him in court. the federal government doesn't have the authority to take these types of actions by requiring people to get vaccinated for their jobs or to receive federal

funding and i think the president does know that he is on shaky ground here. it is interesting to me for him to say the federal government isn't the answer, the answer has to come from the states when that is exactly what us as governors have been asking to let us do, let us have the flexibility, let us use personal responsibility, trust our people to make the right decisions. >> that's the real point? are you going to trust the state to do what is best for them individually or will there be a broad sweep federal mandate in this circumstance? the high court will be weighing in on this expeditiously. we are pointing to january 7th and the governors are probably going to do what they should have done all along, look out for their own citizens and that the fed do what it needs to do to get those tests to the people who need them. >> these gop governors were going to fight the president no matter what, they were fighting him in many instances all along but biden really set himself up

for this inevitable fight when he said this is a states rights issue, whether that was a mistake or purposeful we can debate that till the cows come home but he set himself up for something here in the gop governors are seeing their moment, seeing this opportunity, something they have wanted to do and now they are saying you told us to do it so we are going to do it. kevin: after days of mixed messaging from the biden administration doctor anthony fauci is, quote, about ruling out vaccine mandates for domestic flights. listen. >> keeping an open mind that the situation may change but at this particular time we do not feel that is necessary to make that a requirement for domestic flights. >> this comes after president biden said he would yield to his medical team on domestic flight vaccine guidance. from his beach vacation in delaware.

>> connecticut forced to cancel plans to hand out 500,000 at home covid tests this week through shipping delays. governor lamont saying warehouse and shipping delays on the west coast are holding up state supply, those tests originally expected to arrive, to be distributed today but the governor has not provided a new timetable for delivery and also says they could arrive at any time but this has cleared up nicely for our chunk in my afternoon. >> severe storms pummeling the south of the, quote, large and dangerous tornado is confirmed in alabama. tornado warnings were issued in mississippi, no injuries have been reported, however there is significant damage. meanwhile snow pounding northern california. a series of storms dumping 17 feet of snow on the sierra nevada trapping some people in the lake tahoe region. be careful out there.

a travel nightmare facing american spelling into a 6 day and it isn't likely to end anytime soon, 600 flights already canceled and over 200 have already been delay. major airlines blaming staff shortages from workers calling out sick as well as bad weather for contributing to the setbacks, jetblue's it is proactively reducing its flight schedule through january 13th. even despite the cdc's new guidance cutting quarantine time to 5 days in hopes of getting crewmembers back to work a lot faster. neil: a winter? we know kevin cork is a winner but we are talking in the context of the lottery, get those tickets out, winning powerball numbers are in, grand prize, an estimated $441 million, cash out of $370 million a your tickets are in and, here we go, numbers, 2,

6, 9, 33, 39, the powerball is 11, for those in the tri-state area, the third largest jackpot of 2021 and the last drawing of the year. when we do the lottery stores i always mention yolanda vegas, the later the lottery numbers during most of my youth. if she walked in here right now she would be the biggest liberty to me because you are waiting, your parents have the tickets, shouldn't do gambling on the lottery and you wait and read the numbers and it would be awesome. >> people would be checking, looking around, didn't get it but i remember her. on channel 11 back then but can't remember if that is true, 9? todd: you are correct was a lot of other news, a 5-year-old son kicked out of a restaurant for not providing proof of vaccination was we are talking

to that parent about bill deblasio's mandate and the impact they are having on young kids coming up. >> doctor carol swain and congresswoman claudia tenney all live in the next couple of hours. days! cold coming on? zicam is the #1 cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! these folks don't have time to go to the post office they use stamps.com all the services of the post office only cheaper get a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again.

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kevin: new york health commissioner nurses a warning you should about a spike in child hospitalization for covid was to get more kids vaccinated. listen to this. >> the numbers we gave weren't intended to make it seems the children were having an epidemic of infection. these were small numbers we reported. this is to motivate pediatricians and families to seek the protection of vaccination. kevin: that health alert issued after fewer than 200 children in new york were hospitalized with covid. the commissioner admitting that number included kids who tested positive for covid but were in the hospital for unrelated issues.

neil: dramatic scene unfolding when a monitor 5-year-old son are removed from a new york city restaurant because neither of them provided proof of vaccination. joining a 70 edmonds. thanks for being here. describe what happened to you. >> we were at applebee's, we were going to get dessert. it was the second day of the expansion of build applause you's passports system to include 5 to 11-year-olds, requiring them to have at least one shot and we went in and we were refused service. >> we were in the restaurant for a while. i was trying to get a glass of

water for my son to drink and they ignored us. finally we were able to get a bus boy to get a glass of water. the police started to align, you could say, dozens of them and they entered the restaurant. for whatever reason when they entered the restaurant they descended upon the table where the children were sitting. they went past other tables of people who were also in the restaurant without vaccine passports, they ignored a whole bar full of people and they went directly to the table with two children and as you can see it was a pretty terrifying experience. todd: i want to get to what is going through your mind as a parent, as a mom, what is it like to watch your child with his hand on his face and go through this as a 5-year-old

little boy. >> it is really upsetting, it is upsetting to have to go through that, for us to go through that, anybody to have to go through that but i am glad that the world got to see your gets to see what is actually happening right now in new york city and most parents are not going to go out and do that. they say we can't go to restaurants, we can't go to your activity anymore, we can't go to the movies, we can't go to this event and they will be relegated to second-class citizens. the world gets to see this is what life is like in new york city and it is spreading to cities around the country, boston, philly, chicago and a

city near you very soon. todd: here is what the mayor of new york city who is thankfully gone by this week says about the vaccine mandates, take a listen. >> even though i always appreciate any concern if folks in the restaurant community have a concern in our visitors have a concern i appreciate that we want to be responsive in every way but in the end the number one job is to protect people. >> this was the right thing to do for that. >> what is your response? >> the mayor is essentially holding us and in particular our kids hostage saying if you want to do the things you like to do, you need to take the shot for your safety. is acting like our parents and i don't go parent with the government. that is like if you take -- if

you take, if you finish your food you can have dessert. the -- deblasio is not our parent and nowhere -- this is happening in new york city, people need to wake up, this could happen in their city too and we can't simply hand over our big cities, new york is like the capital of america in many ways and we cannot just hand it over to people who want to create a separate society, second-class society for people. >> on his final question, the most important one, how is your son doing now? >> he is doing well. he takes after his mom in that way. todd: sound like he is a fighter even at 5 years old, that is a sad state of affairs that will serve him well going forward. we hope this doesn't diminish the joy of the holiday season for you, happy new year, thanks for coming on the program?

kevin: for a lot of americans, want to buy their get a nice mueller have a nice timeout. the time is 26 after the hour and we continue on "fox and friends first". liberal lawmakers in washington state want to reduce penalties for drive-by shootings in the name of racial equity. our next guest is running for washington congressional seat on the platform of making crime illegal again. president biden is being widely panned for a tweet touting the best economy in a half-century. according to the polls voters don't agree, let's take a close look at the president's claim coming up.

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>> the second former cnn producer under common investigation this morning over allegations involving potential juvenile victims. fairfax county. performing rick sound, former senior producer for jake tapper's the lead is being investigated by the china exportation squat of the major crimes bureau. this programs on the heels of the arrest of former cnn producer john griffin who is facing federal sex crime charges involving minors. the father of the san francisco 6-year-old whose son was shot and killed while playing outside says the da's progressive policies of crushed his family's hopes for justice, jason young saying his son at 17-year-old killer will likely only get a few years in jail since the da tried him as a juvenile. >> guilty verdict, what are you going to do? maybe five years. because of the politics and policies of the district attorney.

there is no accountability especially the district attorney. >> young services proof that this is out of touch, he's calling for him to be recalled. >> state lawmakers pushing to reduce penalties for drive-by shootings the name of racial equity. washington state congressional candidate wanting to make crime illegal. i think i am probably like most people doesn't seem to make sense that any politician little and one that is supposed to be responsible for making sure the safety and security of the citizens of a particular city are taking care of and looks after. how on earth has this come to fruition? >> this is what happens when you elect radical left politicians especially in washington dc violent crime spike through the

roof. in the seattle your we are seeing the highest murder rate in 26 years, murders in washington state up 46% since last year. cracking down and being tough on crime, our politicians are now actively trying to go easy on, was often penalties. that is not what we need right now. pouring gasoline on a fire that is already raging, that is what happens when you have a radical left-leaning government in washington state and that is why i am running, to crack down on this and my motto make crime illegal again is something that resonates with people especially in my district because this, they are seeing creep out of seattle, not just a seattle problem. this is a washington state problem in becoming a national problem. kevin: especially those who watched the emerald city suffer through summer of 2020 to say

nothing of separations downtown and rampant crime. it is mind-boggling. as a westerner i love the city. let me share this, from democratic representative tara simmons who said this in a statement, quote, i believe in a society that believes in the power of redemption. murder is murder no matter where the bullet comes from but locking young people up and throwing away the key is not the answer. your response to that statement? >> our first convicted felon ever to hold a state representative office in washington state so the irony is thick. but it is mind-boggling. to understand the law you have to break down now works, murder in the first degree typically gets you 20 to 30 years in prison if convicted then there's an aggregate, 19 aggregate circumstances, things like of the murders committed during a rape or if you kill a police

officer or drive-by shooting or hire a hitman. those things take you to a mandatory life sentence and there is a reason they are aggregate, because they are egregious and we need to punish egregious circumstances and sending a message to people that that won't be tolerated by our society period. this is out of control. by lowering sentences for some things especially based on race alone is mind blowing that that is bouncing around in the state capital. we should be cracking down on this stuff, doesn't matter what race you are. if you're a white person hiring out your car window and kill someone you should have the same aggravated murder one account as anybody who does it. it doesn't matter. it is not racial issue. it is a safety issue. it is a public safety issue. and people get that. kevin: appreciate you spending time, best of luck to you.

over to you. todd: 36 after the hour, president biden and b holding a phone call, the request coming from putin's military tensions rise along ukraine's border, we are live overseas.

todd: president biden will ultimately call the president

putin as tensions mount between the two nations. kevin: biden plans to deal with his russian counterpart as best he can he has a lot of work to do. >> that is right. president biden and russian president putin are scheduled to hold her second called this month to discuss a variety of topics including ukraine. the conversation was reportedly requested by letter of the version was trying to negotiate a deal about security commitments by the united states and nato. both sides are working to get ahead of the call with a senior white house official saying, quote, president biden will also make clear when he speaks with president putin we are prepared for diplomacy but also to respond if russia advances with a further invasion of ukraine. the russians are also weighing in on the call and current tension. a senior diplomat in moscow released a statement calling the environment a remake of the cold war. >> what putin does is pushes to

see how much he can get. is a strategist and opportunist, he understands the president. he wants to leverage this president certainly and that is what this is likely about. >> been concerns that russia will invade, secretary of defense lloyd austin has ordered us warships to stay in the mediterranean. also this week the u.s. air force flew over conference mission over ukraine together intelligence about the situation. right now there are more than 100,000 russian troops along ukraine's border, president didn't wants to go into these conversations with an advantage before he speaks with president biden. kevin: appreciate that. congressman dan crenshaw, the lots on pushed by democrats as serious consequences. >> why do we have inflation in the first place, democrat lockdowns primarily, democrat lockdowns caused disruptions to our supply chain and production capabilities, that is was

happening right now and they passed a multi-trillion dollar plan that increased inflation furthermore by boosting the demand without doing anything to deal with the supply side. a long list goes on and on with the border, afghanistan, and american energy. >> president biden being mocked for post celebrating his 2021 economic record, he tweeted we are ending 2021 with what one analyst described as the strongest first-year economic track record of any president in the last 50 years. the president failing to mention who that analyst was, who is the source of his self praise? a lot of funny names, a lot of funny tweets on this but the american people aren't laughing especially when they go to the

grocery store and everything, everything costs more. they could develop their tank and it costs so much more than it did just one year ago. the american people aren't fools, they are seeing through this, the biden economic approval rating, 53% of americans disapprove. those 40% are that approve, maybe they are the ones still getting free stuff from the government because the rest of us are struggling to pay our bills just because it is tough out there? >> no question in particular when you talk about the rising cost of daily things we have to worry about. if you live in the suburbs or drive a ford f 150 truck to get to work your gas is gone up by 60% year-over-year to your home meeting cost of gone up by 30%. biden's approval ratings terrible relatively speaking, take a look at this, 51% say they disapprove, his vice president not doing that, doing markedly worse, 54% say they disapprove of the job vice

president kamala harris is doing although it is arguable there has been very little to measure her by if you look at what she has been able to hang on to at the border. a very difficult time for this white house as it is not likely to get better before the midterms unless they can turn this covid thing around and the economy to be. >> remember when the biden administration restricted media access at migrant facilities? at one point you might recall they grounded our fox news video drone. no border agent is forced to remove the tweet about a possible terror suspects captured attempting to illegally enter our country so this censorship or what or as they are arguing is this a long-standing policy? neil: will ask former cbp commissioner live next.

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kevin: 49 after the hour, thanks for joining us, boston police officer the city of new mayor save moshe simmons pregnant she is still required to take the covid vaccine into the city's latest expansion of mandates. >> i went through fertility

treatment, got pregnant with triplets. i'm not one of those anti-vaccine people but i'm going to do what i need to do to protect my unborn child. >> she could lose her job over the issue but has joined a coalition of first responders to fight back. the biden administration asking the supreme court if it is required to continue the trump era remain in mexico policy following the white house's failed attempts to get rid of the policy after being blocked by federal court, this 2019 ruling as you recall mandates asylum-seekers at the us southern border wait in mexico until their cases are heard. a customs and border -- a tweet about the man you see on your screen with potential terror ties picked up at the southern border. kevin: former ice director and acting cbp commissioner ron the tell it. the original tweet was quite striking. a lot of people saw that

particularly on twitter in your thinking to yourself what in the world, they apprehended a potential terror suspect at the border and then suddenly the tweet goes away, tell me why that would happen and the big question is is that usual policy? >> not sure what the policy is. i appreciate what the chief did in highlighting to the rest of america on twitter that these threats exist at the border. cbp, border patrol exists to keep people like that out of the country and what we have seen since january is an administration is willing to break open and dismiss all the policies that were working to control the border in favor of some kind of open borders and the results of that are what? more cards elected, or human trafficking and threats like this coming to the southern border in surges we've never seen before, the largest search on the southwest border in history.

>> this violated agency protocol. you are the acting cbp commissioner assuming you understand the various protocols there in the cbp. what agency protocol does this violate? >> individual privacy or something like that, those are usually the restrictions and messages we put out. when i was acting ice director, deputy commissioner, chief for border patrol it is very valuable us to be on television and the present on twitter to get the message out not only to the public to understand where these threats are and what they look like but also a very meaningful thing for me to get up there and advocate on behalf of the workforce which right now is to be totally demoralized as to what they are seeing on the southwest border each and every day now. kevin: i think i'm like most

people, i don't understand the idea of having essentially an open border, the potential risk quite honestly is staggering and it is not just what is "happening now" but what sort of cells might becoming into the country that might be activated down the line? is that your main concern? >> it is. if you don't control the border does risking everything in this country, people come across the border, the reason the department exists is to keep people like this individual out of the country because the fbi thinks they are a threat to public safety because he's related in some way to terrorism so that's why the department was created and not protecting the border having policies that were working in favor of an open border puts us all at risk. >> can leave and trust we are getting the truth about the border from our government, by the truth i mean the truth about anything involving the border?

>> there is a policy of public statements made about the border, asking is not to believe our own eyes. what is happening is a travesty, the worst surge we have ever seen on the southwest border. i don't think they have any credibility as relates to the messaging they are putting out because they are telling the whole world you're in the country illegally, making a policy statement trying to end the policy that ended the last surge so they are telling the world they prefer an open border even though the risks are great to all of us. kevin: enough to a you especially if you live along the border states, you are seeing what is happening not just in terms of crime but the long-term impact for the country is devastating. thank you as always, appreciate you spending time with us on

"fox and friends first". >> happy new year. todd: happy new year to you as well. we have a huge huge 5:00 hour on a very busy thursday morning starting with of course a fox news alert on the verdict in the guillain-barré to trial. we will break down the charges and look ahead to what comes next. >> this be, doctor carol swain and claudia tenney all joining us live. don't go anywhere.

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>> it is thursday december 30th. a maxwell guilty. now facing decades behind bars for sex trafficking for billionaire jeffrey epstein. will other major names be forced to answer tough questions in the case that shocked the nation. alive report. kevin: president biden will hold a second phone call with vladimir putin just hours from now. the last minute request coming from the russian leader as well as a ukraine's border. where live overseas with breaking details. todd: the president ringing in the new year it the beaches americans deal with a surge of covid cases that a shortage of covid tests. we will