[laughter] seven. [laughter] and eight when bevel that was it, that was perfect. >> i'm surprised at my flexibility precook to retry it faster? quick sure. all right guys. six, seven, eight. three, four, five. ♪ ♪ ♪ >> do you think is important for president biden to go to the border for himself? >> i think it is important for the administration to recognize it is a crisis. we know it's a crisis buried senior leader should yield the crisis in the country. >> didn't get spike to the president going? >> i think there's value for the president going everywhere. neil: that's democrat saying that what do they make of that the border crisis worsened with the title of 42 fast approaching question of the bi administration is going for $3 billion and more spending.

lawmakers pointing out with time running out the problem is not money it is policy. texas congressman among those democrats from the white house now before title 42 goes away in less than two weeks. could it already be too late? will ask hear hear and only here for it plus celebration for brittney griner's family after she returned to the united states but for paul whelan's family is still weight and it is still agony as the ex- marine remains attained in russia part why wasn't he included in the prisoner swap? and what's the family once here now? will ask today because paul whelan's brother david is here and only here but a knitter new twitter document dump brought to light and executives associate media company were discussing and suppressing before and after americans voted in 2020. welcome everyone i am neil cavuto pretty happy we can do and always busy week and at that point let's go to the crisis going on at the border and how the administration is dealing with it.

>> good morning to you, neil. the administration is trying to appeal that federal court decision as they and he sent lawmakers on capitol hill really keep pointing fingers at each other. let's start dhs secretary jan for. as you know he has been facing serious questions from both sides of the aisle about what the agency is going to do. is the agency prepared for what is coming once title 42 is lifted? and so far he is sticking with the six-point plan he unveiled back in the spring to handle the unexpected surge. there dhs says it will file an appeal with the u.s. court of appeals to challenge judge emmet sullivan's last month to block title 42 for the judge called this policy arbitrary and capricious. while this is happening is a crisis at the southern border continues to get worse for the

border patrol chief in fact reporting in just a 48 hour span this week 14000 migrant encounters, not to even mention what's happening with the got a ways. the president visited arizona this week but not the border. he said they're more important things going on. the white house press secretary tried to defend his comments saying he is not being dismissive about the border and instead to start accusing republicans for not voting for more dhs funding. there is potential bipartisan immigration a deal being worked out between the centers kyrsten sinema and tom tells that proposes to legalize about 2 million dreamers for border security. >> the border patrol has told me, to my face that they will lose control of the border. they are already spread thin. this is a crisis the administration refuses to ask in us when we need to solve her. >> but neil, write another few

details about what would actually be included in this bill. there's no administrative texts and people are raising questions about time running out as there is not many days left in this lame duck session to get anything done immigration. some six thank you for that aishah at the white house for it means i must go to congressman in texas he's been urging the president to move fast because time is running out in title 42 less than two weeks we are sunsetting here. what you think happens in congressman? >> i was listening to what they were doing about trying to work out an agreement. i hope they're able to work out an agreement we can work more funding for the border itself. but keep in mind even if we appropriate new what's going to take time to hire a new personnel, by equipment and it just takes a long time. so equipment and technology is one thing. policy, you can start to implement policy pretty quickly

breed that is something i am hoping the administration would do quickly. neil: you and i chatted about this a little early indirectly. but joe manchin along the senators saying you can finger alejandro mayorkas all you want for the problems of the border. ultimately goes higher than that. this is from senator manchin on who is responsible for this mess, take a look. >> i am encouraging the administration let secretary to his job he will do it i guarantee he will do it. he is tough and he will do it. he has to have a green light and he hasn't gotten it. that is my evaluation. neil: when you make of that congressman given the green light to do his job to do what? >> absolutely agree senator joe manchin. if you look at secretary mayorkas he worked under secretary jeh johnson. and he learned from him it's got a lot of career people that are ready to do their job.

the problem as it got to get that green light from the white house. with all due respect listening to immigration activists is one thing you've got to listen to the men and women in green and blue at the border. especially you've got to listen to the border communities where i live. that is listen to the mayors of the county judges the sheriffs the police chiefs and all the folks at land owners who lived on you are's got to listen to them. neil: we do not with the administration's plan is in less than two weeks when title 42 goes away. so i can only rely on you congressman to say what you would want. what would that be? >> i am hoping title 42 will stay on for a while longer. before he got title 42 we had another process called title eight. still the law. title viii can work it just takes a little longer and cost a lot more money, a lot more

resources. but keep in mind secretary jeh johnson, keep using it i think is a good example of how they used title viii team to treat migrants with respect and dignity. give them the legal relief they are entitled to under the law. at the end of the day of someone has to be returned with all due respect, you've got to do that. title viii allows us to do that. title 42 is just a faster process. thirty-six congressman, do you think in mexico is helping enough here or just turning a blind eye to this? >> no, they could definitely do a lot more. i do not think they are turning a blind eye but they could definitely do a lot more. there are ways to get them to do more. it's not only mexico, but even the president of guatemala. i spoke to the president of guatemala. i think that will be a better place were mexico and guatemala can work together. the president of guatemala told me personally, more than once, they're ready to help and ready to do more.

they can stop folks from coming into guatemala to the southern part of mexico that will be a good way to slow down folks from coming in. neil: are you disturbed though, congressman, when you read the local press and mexican papers and american papers where they go to guatemala, ecuador, and further south that there is a consensus of building the green light remains on to come into the united states. take that your chances but the chances are good you will get in. >> just this morning i heard an interview with somebody who is sick i'm here in mexico waiting. i'm waiting for this title 42 to change. and then i will be able to cross in. here are some local interview some people cross the river who are waiting in exactly saying that. you multiply that by thousands. what that means is they are saying hey, in a couple of weeks we might be able to go in.

that will encourage more, and more, and more people to come in. this technology, it is personnel, it is equipment. but you have got to have a balanced policy. you don't have a balance policy you can have all the technology, personnel, equipment there. you've got to have the right m mix. >> it might be one state in the couple certified elections. you could argue from the president's perspective given the fact they have the governorship in arizona. they got mark kelly reelected. this is all the dust up over what's happening at the border. there is no political urgency here for this hardly any damage to be done changing policy here. so what you tell them? >> i will just say generally i tell my friends my democratic colleagues, we as democrats have

to have a policy. humanitarian relief is important. i support that one 100%. that does not go contrary to having a border security. you can be compassionate. you can treat people with respect and dignity. but you've got to have border security every country has border security. and again that applies all across texas, new mexico, arizona, even the northern border and the postal area. we have to have security to a country. a country that does not provide security is doing a disservice to its citizens. neil: congressman always good to talk with you. we don't chat again in the near future hope you have a wonderful christmas, thank you protects you to merry christmas and happy new year. >> congressman cuellar he's been leading the charge on this. signs right now the pressures occurring among other democrats to see what happens. meanwhile were talking about arizona. we've got kyrsten sinema now

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neil: i think now with sinema three independent senators. it won't change committee assignments it will not change whose seniority is recognized or not. i get that. would it give the democrat majority pause? in other words would there be a reluctance for chuck schumer to go too far left?

>> i think it's healthy. it begins to break the lock hold on congress in on american politics which really does not represent as i say the largest group of voters in america who are by their own self independent. neil: three we talk about the kyrsten sinema news is she is going to move to become independent senator from arizona. caucus with the democrats like the other two independents in the right state senate. similar to what lieberman was at the same office as a connecticut independent senator this can be a good sign it's art westwood the washington examiner with this. let's begin with you what you think of jolene person is saying for that matter republicans

that's troubling us three days after the georgia runoff kyrsten sinema decides to make this announcement. we need a 51 majority to get to move your president biden's most important legislation through the senate. this clearly is an attempt to make news all about herself. there is room to have independence and we have independence in the senate. whitest kyrsten sinema wait until the last minute to make this decision right after the georgia election question with the timing isn't bad but ultimately she can decide what shows are due moving forward with legislation forgot still it is 51 -- 49 democratic senate. they are independent including kyrsten sinema and caucus with this democrats that has not changed. we don't think this is a huge

victory can argue the timing is bad coming after the georgia runoff election. it would be worse had she announced earlier before voters are gone to the polls she did wait this would not hurt electorally. she's voted with the biden administration 93% of his first two years in office. while she has taken some notable dissenting positions from democrats she still consistently votes with them. like bernie sanders and angus king are reliable votes for democrats she's likely to provide that even though she's rebranding herself. neil: may be part of your concern if your truck schumer and leading the democrats in the senate you don't do anything to aggravate kyrsten sinema he might pull his punches or ease

up on some more progressive legislation. maybe that's your concern? >> that is my concern. she in manchin have been stalwarts with holding out on particular bills might be to progressive or did not go far enough my concern is it's causing aggravation that she decides to make this play at this hour. the other thing we have to think about it she is up for reelection in 2024. if she runs as an independent does not have to go to the primary. if there is a primary obviously there be a democratic candidate who will primary her as a democrat. this really complicates her and moves her right into the election. it's likely bigger than this it's probably something she is thinking about as she's heading into reelection.

from the timing to skew the start or let's say new hampshire and switch into south carolina starts. but something is going on. this expands a little bit on what he said. >> the fact the democrats are moving to south carolina is a joke. this is being done on the whims of the personal opinion of joe biden who did very wellin south carolina. the south china processes dictated on party bosses with very low voter turnout as opposed to new hampshire. it doesn't matter how much money you have or name id you engage one on one on the retail politics side. that is exactly what america wants to see productive exactly the first filter. the fact they are screwing with the election process nothing n

new. ask what you of that? >> this new map this new schedule things being set up to hand the nomination to joe biden in anticipation of a potential primary challenge. i do think the moves that biden is making right now the loyal dnc is making right now suggest maybe he is going to run. 2024 is a difficult map for democrats all around us. let crystal mention, kyrsten sinema will be up for reelection and nominally red state where there's in ohio joe manchin west virginia was an cycle so facing tough reelection battles. biden looking for a tough battle as well not just because be facing a much stronger republican candidate cinema, biden, a lot of democrats positioning themselves for difficult 2024 cycle the end of the georgia runoff we're officially on the 2022 cycle

looking ahead to the presidential. >> that did not take long. how do you feel about this in with the democratic party it's a case of baby joe biden trying to stack the deck in his favor. you agree with that? do you fear that were like that? we know south carolina was a state that pushed him over the edge in the primary process. if you are the present and are going have a tough time in 2024 you do everything you can to make sure your reelection is set up in the bit best possible weight so that you can win. i think it's fine to reshuffle the deck. i did not enjoy the caucuses in iowa or new hampshire. i'm happy to see a southern state particularly get a first shot at really determining who will be the next present for the

party. very good having in the meantime were getting a few more details in the idaho killings suddenly and lately it's been a car ofg interestme look! what's up my trade dogs? you should be listening to me. you want to be rich like me? you want to trust me on this one. [inaudible] wow! yeah! it's time to take control of your investing education. cut through the noise with best-in-class education resources that match your preferred style of learning. learn your way. not theirs. td ameritrade. where smart investors get smarter℠.

neil: still drank it would happen in idaho a month ago at least the latest is a neighbor now saying the four college students were stabbed to death, noted they front door of their home was open hours after the attack. this as the police continued searching for a white launcher

that was near the house presumably of the time of the murder. there's a lot of pieces they're having a devil of a time piecing it together. which is why in times like these i rely on my buddy ted williams fox news contributor former d.c. homicide detective. great lawyer in his own right he make sense of what he sees or hears. ted, this is a head scratcher what do you make burst of this latest indication from the neighbor the door was open hours after the attacks? >> oh well, i have tried my friend to run this and down about the hon day a launcher of white that they are looking at as well as the door being open the next morning. it is my understanding that is really a non- issue. the door would have been open because the students tried to call law enforcement into the scene. they called him the students to the scene there and law

enforcement was then contacted. as it pertains to the white pond day a launcher they are looking for, neil, my deepest concern here is turn vision. law enforcement officers have to continue to look at this objectively and not subje subjectively. and i believe this case is going to be far more driven by the forensic, by the trace evidence that they found in that home that they are now processing. neil: all right this hyundai a launcher why is this an has it become such an important issue to warrant that? >> i think during the course of the investigation, they have gotten video feeds where they were able to show that possibly at the time of these murders, that white car was in that facility.

as a result of that they're asking the public for their help with this hunt day along trey or this white in the long trip. neil: he said it's been out about a month, you know this far better than i. we appear no closer to an answer than we did then. >> you know, neil i am very surprised because you know i was out there in moscow, idaho. i can tell you the people in that community are very concerned. we were initially told that the student or somebody in that house was the target. then they backed off and they said well, there was a target. that has been frustrating. but what we have been able to do is to piece together some information. most individuals who have looked at this objectively believe the killer or killers came to the second floor entrance were they

would have possibly killed initially nathan and zambia. and then they went up to the third floor or mattie and kayleigh were sleeping and killed them. if there was a target and the targets on the second floor there would've been no need to got to the third floor. it is in my understanding that steve, the father of caleigh that was killed believed she was targeted and apparently he has been given some information to that effect from law enfor enforcement. but this is certainly a mystery. i'm hoping will get more answers sooner rather than later here, neil. neil: just to piece together what you just outlined there, could have been the case of a targeting doctor with one or two. in the process the hunt going floor to floor and taking four

lives? >> absolutely. they were on the second floor is law enforcement has told us was the target, the killer or killers would not have had to go to the third floor. they did go up there. so i think what law enforcement should be doing is working backwards. i am hoping we have more experienced people in the moscow police department. because it neil, the last killing they had out there was seven years ago. so a lot of people on the force now is not on the force of seven years ago. and so they do not have a lot of experience. they're counting on the fbi and the idaho state police to help them in this investigation. 3610, you are really good my friend to piece together the stuff a lot of people miss. hopefully will get some clarification and hopefully the

days ahead not the weeks or months ahead, thanks again very much. >> and thank you. neil: in the meantime we are focusing on yet another document dump by elon musk for it seems like every day is a new revelation. and i mean a big revelation. >> as i got friday night fire hose with new revelation about why donald trump was kicked off twitter and the question now about how far the federal government hands reach as conservatives, we will unpack it when we come back. she folks, we seem to have a visitor. it looks like - looks like you paid too much for your glasses. ... who? anyone who isn't shopping at america's best - where two pairs and a free exam start at just $79.95.

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neil: her at another document dump. probably tired of hearing them. all of these were getting about witter, top executives and consumers with a new and they knew it and tried to hide it. it just exposed. tran14 keeping track of it all. i don't how he doesn't but he does he's a host and all of that. this is weird what's the latest? griff: 's third dump has given us a lot of insight into conversations between executives and a lot of journalists matt revealing these

behind-the-scenes decision on what led to having donald trump removed from the platform. but more importantly its raising questions about just how far the federal government reach went in silencing into the period before and after the 2020 election revealing that twitter's former head of safety, you see them here, he was meeting weekly with the fbi as well as at dhs in the office of the director of national intelligence. he writes is the 17th tweet during this time executives were also liaising with federal enforcement and intelligence agencies about moderation of election related content will we are just the twitter files were finding out more about these interactions every day. specifically on the hunter biden laptop story writes this. roth's report to dhs is almost farcical in its tone saying we

bought the story than unblocked it. but said the opposite. comms is angry, the idiots in short including an expletive there. while the decision to remove it trumpet weighed heavily on the days from january 6 tran15 adds one executive told him it was over the course of the election and frankly the last four plus years. i put it altogether it comes after we learned it was a small secure group of executives that includes roth and former ceo jack dorsey who are calling the shots engages what we think of as a shadow. they call specifically visibility filtering. that has me wondering if dorsey lied when he said this in 2018. >> are you censoring people? >> no. >> twitter shanna banning prominent republicans is bad. is that true? >> no. griff: that turns out that might

not be cheaper dorsey will get a chance to address that book for the house oversight committee next month republicans take over. meanwhile trying to tease her should expect more files today and tomorrow we will see what we get, neil. neil: you know, what we know now is dorsey was either injured or outright lied to congress. this gets very messy at a minimum. >> it sure. again you're going to hear a lot visibility filtering. that is what they saw which is what we know of as a shadow banning which is restricting any user particular conservative voice accounts from getting visibility or being able to reach beyond the normal reach anyone else would get. were going to hear a lot about in the incoming chairman of the oversight committee said he wants dorsey in all three of those other executives up on the hill to answer to it.

neil: art thank you my friend. looking forward to seeing you at noon eastern time right after this show. always good. thank you. constitutional law attorney, katy what you make of what you heard so far, more revelations with a drip drip drip. not so much a drip anymore but what we are learning. >> i think elon musk is that a great service for the american people and has revealed what a lot of people have suspected for a very long time it has been very clear there has been censoring and quote unquote shadow banning or whatever you want to call on this platform of specific voices and specific opinions including information directly related to the elections. there's a lot of gas lighting going on as you can see from jack dorsey's customer there is no direct banning announce seems there was direct showing that's not true. i think to a lot of people to very indicating but very raging at the same time absolutely. so since you are the great lawyer, katy. look at the business perspective

but i'm wondering elon musk with the best of intentions serious holes in the way twitter goes about its business and goes about listening or not listing contents. it could boomerang. on the left or right. it's just a joke. >> has an absolute fine perspective it. the problem we run into as you see here direct involvement by the federal government. so we have a private company making decisions on obvious the one thing forgive governmental actors directly involved in dictating what information the american people can access comic-con see and are privy to comment that is a completely different question altogether predict these investigations on the hill are absolutely critical. i think there is direct interference with the elections it seems what we have already seen just from this point we also suspect this is direct clear proof of what we suspected breather has been silencing and

however they want to phrase that is not a shadow man it is a censorship it's all irrelevant at least in the same outcome. neil: while i have a hear their separate reports elon musk is sent a letter threatening some twitter employees who try to leak such information to the media. we don't know if that's actually going on how widespread it might be, what you think of it? >> i think elon musk has a plant how he wants to reveal the back workings of twitter to the american people. i think there's probably some truth to a coordinated effort to do so. we can look at the firing of deputy general counsel there in terms of interfering with that plan. certainly i think there has to be some oversight by elon musk how this is given out to the public. but again i don't know whether those reports are verified as you mentioned.

neil: all right katy thank you very much. meanwhile keeping an eye on surgeon covered cases and flu cases and a lot of respiratory ailments. more hospital beds filling up across the country. all this at the exact same time china abandoning the zero tolerance policy for covid it is in fact leading to a surge of cases of covid. what is someone is concerned about this to do? dr. marty makary is in themy house. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. i remember when i first started flying, and we would experience turbulence.

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neil: all right, the call this a health nightmare is spiking covid cases, spike and flu cases, spike in freddy of respiratory cases. you got fewer hospital beds available. how serious does this get? should we be worried? dr. marty makary back with us from johns hopkins professor and fox news contributor. having him on because there is a

testament to that. dr. kagan great to see again. should we worry about this all of this? >> right now it's really bad flu season. that is how people should think of it. children are not really immune from this current epidemic either. they are getting rsv infection. in between the two, hospitals are having a really tough time right now. they are transferring people to other hospitals because they are full. men have been caught flat footed with their nursing need requirements. so there is not a lot we can do beyond common sense between the flu shot that only reduces your risk of flu from 20% i've got it for myself. >> more covid booster shots. >> covid is an endemic seasonal virus at this point it rings a far third to influence it right now the number of people in the hospital. now, mother nature will decide whether covid will mutate and

become a more serious a problem evading the current immunity. but right now we are not seeing a lot of covid. neil: you think it will? >> it's very hard to predict we've been burned many times before. i keep thinking covid will be over the next couple of the months for most of the pandemic. the variance to have a way of coming back innovating immunity. we are seeing most of the population driven by natural immunity. the t cells remember covid even in its newer strain. neil: what are we looking at us we go into the winter here? >> well, it is unclear right now if we are seeing the flu season early, or early and bigger than in the past. looks like it is not just two months early but it is also probably an indication of a much worse and flu season to come. already 5000 americans have died of influenza we are just about two months into the typical flu

season. i think vulnerable americans are the ones most at risk for they need to be careful part i know masks have been highly politicized. i was against universal cloth amassing of children harm their developments and had no impact on transmission in the classroom since kids are low risk. but look, when someone has symptoms a high quality mask is an effective intervention. one white masking works. were not talking about mandates of your time in a public courtesy to other people. if you need to be around someone for you got to the pharmacy to get a prescription. it does two things it reduces your droplet transmission with influence that's particular helpful. number two it sends a message i might be contagious. you might want to be careful around me if you are someone who is at risk. thirty-six doctor thank you for all that holy things calm down and people are freaking out. doctor good to see you have a wonderful holiday. doctor marty mccarron all that.

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six exhibit making a point to all of the british press every morning see what's the latest in this netflix =tran10 following harry graham no real expert unicycle talking to darn good one. prince william is apoplectic and

doesn't tend to respond to what he says are grievously serious and damning falsehoods in the series. the next three episodes are for the public on the 15th. jonathan is the royal expert. love having him on pres make sense of all of this. jonathan, we are told prince william is a furious over this. do you expect him to say anything or is it better part for the royal family to stay quiet? >> it's part of the challenge for the royal family but they do not like to comment on every detail going on. on the other hand when things get damaging they do like to say something. when they have in the past reacted to some the things that megan and harry have said. and certainly not out of the question. think it's hard to remember i had straight with her such a gulf that exists within their own high opinion of themselves and most other people's low opinion of their behavior. i think the royal family is probably sharing in that opinion in the moment. i think it's worth a saying in

this era of fake news we know not to believe everything we see on tv. we do not believe a russian propaganda for example. this was not really a documentary much in that way this was a propaganda carefully manipulated versions of events are designed to disrupt the royal family to portray britain as a colonizing state we do not believe everything russia tells us we should not believe everything meg and h talus for the royal family will be look at this a propaganda tack on them as well. thirty-six i'm wondering if king charles, would even invite these two to the coronation? >> that's a very good question indeed. there are plenty of people who are not pushing for king charles to do whatever he can to remove any last links they have to the royal family. of course harriet will always be a trench they are duke and duchess that could be changed. he could cut them off more firmly than he has. what comes the couple they are responsible for their behavior.

netflix on the other hand is a commercial entity. one that has not been doing that well recently. i do understand its need to attract massive audiences and increase subscriptions. it also should site netflix should be coming under some fire as well but it should not be allowing itself to be using progressive propaganda against britain. there is concern over whether how the chinese run tiktok and that can spread material that can damage british, western society. do wonder if we should now be looking at how netflix is spreading this anti- british material the same way. remember, this program did not use a check the royal family and personal levels. it attacked the very edge of the royal family in the commonwealth is somehow racist. it said britain is racist. brexit had made 10 that threw punches at the whole of the royal family at the top. it's perhaps a massive problem for netflix. neil: i was wondering the

typeface in the look of this =tran10 it did give me a sense of a version of the crown, a very different, what did you make of that another variation, another attack on the royal family or something that could be deemed an attack? >> is another tack on the royal family. the crown's come under a lot of criticism for attacking the royal families is following on from that. it's really does not make things better in that respect. audiences are seen through it as well but not just in the uk but over in the states. the popular reaching's website it had a 13% audience score. that is dismal. people are particularly enjoying it there three more episodes to come. maybe there's more in there they are hoping to make it more interesting. but so far, so dull. remember all of this this is filed from march 2022 august of 2022 it's been a very long time in the making.

what else is going on in the world at that time covered, the price of living all of those things with most normal people while these two are winching. [laughter] thirty-six jonathan only you can say that as you do so expertly, so very good to seal to the next three episodes look like. in the meantime you have heard brittany writer's home. but paul tran9 is not. his brother david tran9 is here and what he makes of all of this. this. aftehopp r this. this holiday season experience the magic of winterfest. ... all across the country, people are working hard to build a better future.

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>> well, it comes down to this. brittney griner is home and a lot of americans are very happy about that, but paul whelan is not home and four years in a russian prison, no sign that that will change anytime soon and my nextness is not happy about that. david whelan joins us right now, the brother of marine paul whelan, kind enough to join us. david, it's very good to have you an