seconds -- [laughter] pete: all right. and the winner is -- >> so the consensus is, now, even with the docked points for footwear, even with the -- [laughter] [cheers and applause] david: several major breaking news stories this morning. the moscow, idaho, police chief speak out to fox this morning in his first on-camera interview since a suspect was arrested in the murder of those four college students in idaho. we have it all for you coming up. also the death of two major figures, pope emeritus benedict xvi dead at 95. he led the roman catholic church from 2005-2013 before making history as the first pontiff to resign in 600 years. and we remember barbara a

walters, dead at 93 after a long career as one with of the most prominent broadcasters in the nation. hello, everyone, i'm david asman in for neil cavuto. this is "cavuto live." first, to the death of pope benedict. alexandria hoff with more on his life and legacy. >> reporter: hi, david. pope benedict's death comes merely 10 years after he unexpectedly stepped away from the position, the former pontiff died at the age of 95. >> that with sorrow, we inform you that the pope emeritus benedict xvi passed away today, this morning, at 9:34 in the monastery in the vatican. >> reporter: now, since retiring in 2013, pope benedict vxith remains living in the vatican. on monday his successor, pope francis, paid him a visit and after asked for praiser as the former pope -- prayers for the

former pope as his health declined. crowds have been gathering all morning as much of the world wakes up to the news. cardinal timothy dolan, arch archbishop of new york, quote: the human family grieves the passing of this wise and holy man who spoke the truth with love. born joseph ratinger, the german cardinal took the name benedict in 2005. he was the first german pope in centuries. germany's chance hour olaf schultz remembered benedict as a church leader and clever theologian. the catholic church endured a tumultuous time in 2019, he released an essay asking for forgiveness in the sex abuse crisis. benedict was a prolific writer, penning several books including the acclaimed portrait of jesus of nazareth. pope francis will lead benedict's funeral on thursday. his body will be in the basilica at st. peter's where mourners

can go with with prayers starting on monday, david. dave dade thank you very much. father gerald murray is pastor of the holy family church in new york. he received his doctorate at at the vatican in 1998, also served as a navy chaplain from 1994-2005. father, great to see you, thank you for being here, appreciate it. he will always have in history an asterisk next to his name for one of the few popes in history to resign. why did he resign? >> he was not able to continue the hard task of being pope. he spoke about both the physical and emotional toll that it put upon him to be the leader of the church. he was always more of an academic, even when he worked in the vatican as the head of the congregation doctrine of faith. he still kept writing articles and book in -- books in his free time. i think he found it difficult, david, to be managing the vatican, speaking to the world,

traveling, hosting all kinds of events at the vatican, so i think he wanted to go back to what he really loved which was to be a professor and someone who meditated on catholic teaching. david: it is extraordinary that he was kind of sandwiched between two popes who relished -- maybe not relished the spotlight, but did very well in it, st. john paul ii, of course, who really changed the world and world history in terms of its fight against communism and pope francis, our current pope. both of those gentlemen do very well in the spotlight. he kind of seemed uncomfortable in the spotlight, didn't he? >> he took it up. he did a number of the foreign trips that popes do, but he wasn't as comfortable as those two men were. david: but at the same time, he not only was a great scholar, and i've read a couple of his books, they're magnificent books. but at the same time, he did a lot of work in the background. i remember covering latin america when he was fighting liberation theology. this was the theology that took

on marxism and some of the priests actually became marxist revolutionaries. he fought that hard and won the battle, didn't he? >> he did. liberation theology was discredited with the fall of communism. he fought that battle well. he wrote two documents at the request of john paul ii to try and set forth catholic teaching that marxist theory is incompatible with catholic teaching, catholic understanding of humanity and freedom. he also confronted other issues in the church which were very contentious. he was really the driving force behind cracking down on sexually-abusive priests. i know john paul ii tasked him with that, but there was a famous case with the head of the legion of christ -- david: he was in mexico, right? >> he was in mexico and in rome, but he was a serial sex abuser of the worst kind, and it was cardinal ratzinger who in the end brought down justice upon him, and he was sidelined. he did a lot of good for the church, much of it, as you say,

behind the scenes. david: right now the church, some people would say it's in crisis, but at the very least there is a split between the conservative factions, and i think it's fair to say that benedict most resembled the conservative side of the church, and the liberal factions exemplified by the current pope, pope francis. how did as a guy as a former pope living with a current pope, which is a very unusual circumstance, did he try to influence pope francis in any way in terms of being more traditional and conservative? >> he mostly -- pope benedict mostly kept to himself, kid not issue documents and statements. he made a couple of exceptions, one of which was on the question of optional celibacy for freeses because that was -- priests because that was a topic that ascended on the amazon which was held in the vatican. and there was a move by that city nod to have the celibacy become an optional thing. then it loses its meaning

because you get to choose rather hand imitate thing christ at the request of the church. so what happened was he and cardinal sera, a cardinal in rome from africa, they authored a small book defending previously celibacy as being a great gift of god to the church. on other topics he did write a document about sex abuse and how to handle it, and he identified that its roots lay in kind of '60s ideology, you know, mig goes. the sex revolution -- can anything goes. he loved humanity so much that he didn't want hem to live down to their worst based instincts. he wanted to lift them up to their best possible. david: now, he was old enough to have known the vatican ii the council, right, which took place in the 1960s. he played, actually played a part many that, in the development of that. a lot of people say that's what led to the liberal movement mt. catholic church, but he defended it. >> he actually was more of a liberal theologian back in the

early '60s, but then following 1968 when there was a student revolt in europe, he was horrified to see that people were turning away from from truth and morality and embrace an anything goes attitude. and in the realm of religion, he said christianity is god's action in the world. it's the not our creation. and, therefore, if god acts, we have to step back, learn what god says and does and then, you know, respond to it in faith. so, yeah, he became a great defender in a time of doctrinal chaos of the stability of catholic teaching, you know? what jesus taught 2,000 years ago has the same value today. david: you know, the vatican is a worldwide institution, of course, and as such it gets political from time to time. this current pope has made certain movements in the political sphere particularly in dealing with china that a lot of people question. i mean, they made a deal with the chinese government to give them authority in actually appointing bishops, which is an extraordinary thing. a lot of people say it's nonsense, to have an atheist

government, communist government be involved in that. did pope benedict speak out on those issues at all? >> well, during his pontificate, he turned down making a deal with the red chinese communist government because he did not want to surrender the power of the church into their hands. pope francis is much more comfortable in negotiating with communists, and, you know, my own view is you can't trust communists even if they're smiling at you and shaking your hand. of in fact, that's probably the last moment you want to trust them. pope benedict, no, he supported what we call the underground church, the catholic chinese faithful. sad to say pope francis, i think, has made a big mistake here, and cardinal zen in hong kong has said the same thing, and he's on the scene. david: we've only got 5 seconds, i have to ask, benedict's predecessor became a stability. do you think -- a stability. do you think the same might happen? >> you never know. he was a very holy man. i met him a couple of times. he red mated -- raiduatedded

humility. david: amen. father murray, thank you. great to see you. more sad news to share, legendary journalist and broadcaster barbara walters passing away at 93. wallet es -- walters, of course, was a true trailblazer over her nearly 60-year career in television. she was first female anchor on network evening muse, gains even more fame from her interviews of presidents and top celebrities. she also created abc's "the view." bob iger calling walters, quote, a pioneer not just for women in journalism, but for journalism itself. we'll have more right after this.

david: and to idaho where more questions remain after a suspect was arrested in the brutal killing of those four idaho university students.

the murder weapon still missing and a motive still unclear. 28-year-old bryan kohberger awaits extra decision. we're going to have an interview with moscow police chief frye very soon. first to laura ingle who's in monroe county, pennsylvania, outside the jail where the suspected killer's being held. laura. >> reporter: yeah. good morning. bryan kohberger will be cooling his heels here, he will be sitting here in the monroe county correctional facility for the next several days until he has an extradition hearing on tuesday. we've been showing you the picture of his mug shot, and while investigators believe they have their man in custody, they a say they still need the public's help piecing together who the suspect is. >> please ask the public, anyone who knows about this individual to come forward, call the tip line, report anything you know about him to help the investigators and eventually our office and the court system understand fully everything there is to know about not only

the individual, but what happened and why. >> reporter: the 28 the-year-old who was studying for his ph.d. in krillology was arrestedded around 3 a.m. friday morning at a home to believed to be his parents eby pennsylvania state police. investigators revealing he was living at an apartment in pullman, washington, about 2500 miles away if from where he was arrested. today "the new york post" reporting a fellow criminal justice the sunt at washington state university said kohberger attended a class discussion about the murders in idaho and was quiet and deadpan during their talks. the people who live here in monroe county say they can't believe he was arrested so far away. >> i'm surprised. in idaho, for the guy to end up here? with the car? wow. that's right around the block from me. >> yeah, it's usually really peaceful up here. even this busy road is peaceful

all the a time. seeing something like this, mine, you just never know. he was, like, 60 miles of roads, so it's a huge community. anybody could be anywhere, man. >> reporter: and kohberger will be at that hearing on tuesday unless he chooses to waive his extradition, so we'll wait to see what happens there. meanwhile, we continue to learn more about him, putting up a new article on fox news come -- foxnews.com, our fox digital team speaking to two classmates, people that knew bryan, and listen for the police chief in moscow a little bit later today as that interview is going on right now in idaho. david: we're going. to bring that to you as soon as we get it set up. well, the 28-year-old suspect awaiting extradition from pennsylvania to idaho. many of the details of the investigation and arrest remain sealed until then. they want to make sure they've got this case down well. former fbi investigator bill daley on what might still be

revealed. frankly, there's a lot, but i'm just wondering since the suspect crossed state lines, does that mean this is now solely in the jurisdiction of the fbi? because we know that idaho police are still involved. is it a task force, or does the fbi have control of the case now? >> the fbi is still just assisting the local and state police both in idaho as well as in pennsylvania and i would also suggest out of the state of washington where he had that residence, i imagine, near the campus where-attending college. so they're helping sill tate. this is still -- facilitate. this is still a capital crime in the state of idaho, that is a crime that the prosecutor's able to take up and the police have control over that as well as the evidence. now, the fbi though doing what they do very well, has been in the background both helping bring experts, technical experts as well as help, i would imagine, organize the plethora of investigative leads, call-ins, forensic data. all those things that go into a

case like which are tremendous, and they have the facilities, the software, the manpower and the expertise to help facilitate that. dave:ed you know, bill, it may be an anecdote, but you look at that mug shot of the suspect, and it is very eerie. it is strangely unemotional. yeah, we have it up on the screen right now. i mean, you would think, first of all, if he's innocent, that trillion dollar be a little mort admissible in a court, but does that give any info to the fbi profiles and over toes who are trying to scout this guy out? >> yeah, i would probably tell you, david, and there have been people, several experts from the fbi's behavioral analysis unit involved in case from the very oning set, and i'm sure they're still working on piecing together the as you might say kind of putting the man many focus.

they're going to be looking at a whole bunch of information and data that comes forward, both what they're able to discern as well as what the public provides. and that's what the chief was saying yesterday at the news conference is that for people to come forward with any information no matter how little they any it -- they think the it may be, it may bring this person into focus. yes, this picture may tell us something, but there's an amount of detail behind in that needs to come into play. again, it may not be, you know, the final evidence that this suspect is maybe convicted on, but it will certainly help paint a picture and bring this person into the court and have experts testify as to his mental state of mind and what led him to commit these crimes. david: now, he was also, ironically, a krillologist. maybe it wasn't -- can criminologist. maybe it wasn't ironic. he was working for his ph.d. in criminology. i'm just wondering if that expertise might have, again, we don't know if he's -- he's

innocent until proven guilty, but if he is guilty, if that expertise helped him to cover his tracks when he was escaping. >> exactly what i was thinking, david. with suspect, again, if it is him who has ultimately found guilty, he had that level of understanding, expertise. he's done some research apparently by other reports of him asking questions online and perhaps interviewing, you know, other criminals who have committed heinous acts such as this. and, you know, i'd probably say for investigators that provided a layer of complication to this. if he gave this this a great degree of thought and has learned from his studies as well as speaking with criminals, there are a number of owning -- things that would have made it difficult for investors to -- investigators to piece together some of the information. i know it's been 10 long weeks for the victims' families, and it will go on for weeks to come,

but for all of us watching this given the complexity of this case and now realizing who this person is, i think they've done a fantastic job. david: two quick questions to end. first of all, he apparently asked did you arrest anybody else to his captors. was he just trying to throw them off, or do you suspect that there may be with others involved? >> you know, david, i don't know where that statement comes from and how reliable it is or what context that was provided, you know? it could be that a, you know, and time will tell when there are other people if any way complicit in supporting him in this crime. we don't know that. but, you know, i don't pay a lot of attention to this. what i really want to know and i think many people do want to know especially, those parents of students, you know, what led him into these victims' orbit. what drew his attention to them, personal, social media, what was it. david: and whether he may have been involved in other crimes as well. we have a lot of questions to

answer. bill daly, great to see you. thank you very much for being here. more on the investigation coming up when the moscow, idaho, police chief gives his first on-camera interview since the arrest was made. but first, migrants accused of trying to break into a texas the ranch house 50 miles from the border. that homeowner is here to tell us about her experience, next. h, and one thing i learned being a firefighter is plan ahead. you don't know what you're getting into, but at the end of the day, you know you have a team behind you that can help you. not having to worry about the future makes it possible to make the present as best as it can be for everybody.

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david: well, the worst of the travel trouble may be behind us, let us pray, but the headache for flyers not quite over yet as they try to make it home for the new year. now lawmakers are calling to investigate the mass disruptions, what caused it all, how do we fix it? transportation committee member jeff van due with -- van drew is one of them, and he joins me now.

one thing taxpayers are curious about, what happened to that $64 billion that went to airlines for covid relief, particularly the $7.2 billion that went to southwest? >> and there you go. there's the issue. and i'm so tired of it, and taxpayers are so tired of it. we want our money spent wisely, so just how think how cruel this is. taxpayers working their back off to pay their taxes, the money goes to bail out these airlines including southwest. instead of keeping hiring and keeping the people they are employing, they fire them, use the money for their own profits and don't even make sure that we have a good level of service. let me say something, it is time in america when we give money away concern. >> we shouldn't, god-help us -- all over the world, all over the country to all kinds of businesses, that we know where the money's going, how it's being spent and we insure that

the right thing's being done. you know, i know pete buttigieg was busy on vacation for a while himself and said he guaranteed everything would be great by christmas and our president is eating ice cream cones in the caribbean, but guess what? we've got real issues. and real, good, hard work the -- working american people are sleeping on the floor in airports and had a hellish christmas -- cave david well, and particularly after spending, after spending those withs of -- billions of dollars, i mean, it's our money. by the way, you referenced the, our pressure arely -- can our transportation secretary, saying that things would be great for the holidays back in september. we have that clip. let me just play it for the audience and get your quick reaction. toll rape -- roll tape. >> do you think this issue will be sorted in time for the holidays? >> i think it's going to get better by the holidays. we're really pressing the air laurens to deliver better -- airlines to deliver better service. david: so he said it's going to

be better for the holidays. of course, he was dead wrong. now he and other democrats in the house and the senate want to regulate the airlines even more. i'm just wondering if those are the right people to be in charge. we've had airline regulation in the past, and ironically it was a democrat, president jimmy carter, who deregulated the airlines, and that's what led to cheaper airfares that benefited most americans. >> no, the answers are almost always wrong. it isn't necessarily taxing more, which is always one of their answers, or giving money away or regulating more. it is just making sure that there's a real level of communication, number one, when money is given away like that which i think is done far too often and, number two, making sure that our secretary of transportation -- you know, what would you do, dave? you mow there's a big storm coming up. -- you know there's a big storm coming up, you're the secretary of transportation. you're going to have every airline, you're going to have the meetings with them, you want

to see their contingency plans, how they're going to deal with this issue and take care of the american public. did none of that. didn't really care. nothing happened until once again it was the an emergency. so now we're going to regulate more, we'll probably overregulate, overcharge, overtax. not the answer. david: no. >> do your job. david: bingo. congressman jeff van drew, we thank you for joining us. i hope you have a good new year. >> you foo. happy new year and you and everyone around you. david: thank you so much. well, startling new video showing an attempted break-in at a texas ranch 50 miles from the southern border. the suspects fled before border patrol agents arrived. you'll see them try to kick in the door there. the ranch owner believe withs they were illegal migrants and says they did successfully enter a neighbor's property. debbie douglas joins me now for details. debbie, thank you so much. i'm glad you made it through. by the way, were you in the house at that moment? >> no, i was not.

we had gone home after thanksgiving, home to houston, and i watched this taking place on our cameras. david: well, what did they do to your neighbor's property? you say hay did break into a neighbor's property. what did hay do to that property? >> from what i understand, they shoved in the window unit air conditioner, hen went in. they did steal some clothing articles, drank their alcohol. do not mow how long they were there. he did not have the cameras on the outside. david: debbie, how often has this been happening? have there been any assaults related to these break-ins? >> on the assaults, i'm not for sure. this is the third time for us in 18 months. david e dave wow. that's too much. now, texas governor abbott's pledged $30 million for extra security for local areas like yours that have been having problem. have you seen my sign of that money being spent? >> no, not at all. there are plenty of border

patrol. they are being tied up with dog nothing but pushing -- doing nothing but pushing paper. david: wow. so there are just not must have people who are into security -- not enough. was any of this happening during the previous administration or is this all new with the biden administration? >> absolutely not. this all started with the biden administration. i'm sorry, but he took an oath to break this -- protect country. he doesn't care about this country. he doesn't care -- he just wants them all in. he's not going to stop it. and soon this is going to all be at a town near where you are or in your town. we have to protect our children and our grandchildren. david: now, do you ever talk to the immigrants? do they come across frequently enough so that you get to ask them why they're doing this now, or is it just passing at night. >> >> they have always shown up here when we are not here -- david: i see. >> they seem to follow the power lines.

and, you know, there have been several people, my neighbors have had a group of 14 and 17 at a time come into their home. david: wow. and are they destroying your property? i mean, are people moving out because of this? >> you know, hike me, this is our place that -- our happy place that we love. we've been in this area 11 years. never have we had this happen until biden took office. david: well, debbie, we wish you the very best. i hope the new year brings better muse, although with the end of to -- news. although with the i would of title 42 -- very quickly, go ahead. >> governor abbott has got to accept up. he's got to do more. he's got the resources, he's got to put them in place now. david: we wish you the best, you and your family. thank you for being here. to coming up, we're going to hear from moscow, idaho's, police chief, frye, on what's next. and and the requiring a covid

test for travelers from china as cases surge there. should we be worried they could bring a new variant here? -hey there. -hey. -hi. hey there. how are you? i'm with disabled american veterans. i was wondering if you had a quick minute to thank america's veterans for their service and sacrifices -of course, why not? -oh, sure. -absolutely. -sure. all right. well, come on in here. i'm just going to hit record on this. i would like to thank you from the bottom of my heart. i can't even think of the words of how grateful i am. i want to tell you guys how much, how much we appreciate. but most importantly, i want to thank you for your courage and bravery. wow. thank you. someone here who'd like to say something to you? oh god, you guys are awesome! someone has something they want to say to you. oh my goodness!

how's it going? awe! so i will let you know how much appreciate it. how much we appreciate it! just feel honored, for everything you've done. thank you for myself, thank you for everybody. i get to live every day, you know, in peace because of yo a lot of people thank us, but we want to take the time to thank you honestly, for giving back. and when you gave to dav, you are supporting veterans like dave and myself. so thank you so much. thank you, you guys are amazing. thank you. thank you. you can say thank you to our nation's heroes, by calling the number on your screen right now, and giving your monthly support of only $19. say thank you by going to helpdav.org right now, and give just $19 a month. when you do, we will give you this dav blanket as a thank you and a reminder that you support those who served

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david: and back to moscow, idaho, where police chief james frey just spoke to fox producer christina if corbin following the arrest of a suspect in the brutal student mores. -- murders. let's take a listen. >> we true truly believe we have

the individual that committed these crimes. >> reporter: does the suspect have any known connection to the victims or the victims' extended network, or do you believe these four victims were randomly targeted? >> you know, that's part of the investigation that we're still putting pieces together, we're still gathering information. that a' -- that's why we still ask people, send us tips on the individual, send us any information you have because that's all going to build that picture. it's going to give us even more information. >> reporter: early on the media a got hung up on the word targeted, which was used to describe the crime. are you able to elaborate more on that now, perhaps, or is that going to come later? >> that'll come later, but i still stand beside our early statements. >> reporter: did the suspect leave dna of my kind at the crime scene? >> like i said, we are investigating every piece of this investigation. we pulled many items of

evidence, and that will all come out at some point. >> reporter: okay. and did yes genetic genealogy have a role in identifying him? there are reports out there that it did, and we are seeing more and more cases that are getting involved thanks to the use. >> that'll also come out. like i said, it's part of this investigation that we have 4e8d all those -- held all those pieces, what we've used, what we've not used, how we've collected stuff. once the probable cause affidavit or we go to trial, that information will come out. >> reporter: thank you. i remember i -- we asked you this question several weeks ago, and you said ask me that in the future, so i'm going to. [laughter] did you believe, do you believe that this was a carefully premeditated crime? can you discuss the level of planning you believe went into this? >> you'll have to ask me me that again later. [laughter] you know, a lot of these things -- i know it's frustrate thing, right, because i'm still holding that information.

but i think what we've talked about at the very beginning, why are we holding this. number one, because we have to by law. we still have to hold that until it comes out in the probable cause affidavit. >> reporter: can you explain that a little bit more to people listening who don't quite understand that you have to hold information because of idaho state law until he's extradited back to the state? >> yes. idaho law basically says we cannot reveal anything until he has a court appearance in the state of idaho. once that happens you'll get tor documentation as to what got us to where we are in our investigation. >> reporter: okay. um, i know you probably can't elaborate much on this, but it was asked yesterday at the press conference what specifically led investigators to this suspect in pennsylvania. was it a tip that was called in? >> what i'll tell you, and i think this is a fair statement, it was good police investigational work with. like i said, it started from the

very beginning and went all the way through our investors. and really it is just good police work with, and i'm very proud of the whole investigative team and what they've done. >> reporter: okay. i wanted to ask you about phone analytics and were phone analytics done in this case, and if so, was the suspect's phone determined to be in that area on the night of the murdersesome. >> like i said, there's a lot of things that we've utilized through this investigation, and i said early on we will turn every stoneover. we'll use every piece of information we can gather, and information like that and answers to that will come out at a later time. >> reporter: okay. are you investigating whether this individual may have killed before? >> like i said, we're looking into everything in the investigation. i think, you know, we're still trying to work and focus on what we have going here. we're still putting this picture together. and, you know, it doesn't stop just because we make an arrest.

actually, it begins. and now our investigators will probably do hundreds and hundreds of more interviews to finish this picture. and then we'll carry on and see if there's anything else. >> reporter: okay. we learned that bryan kohberger was a ph.d. student in the field of criminology. it's likely these murders were discussed in his classes. what was your reaction upon learning he was a criminology student? >> a little disappointing, actually. that's not what we want in our profession. in our profession we are, we're above what, you know, we hold ourselves to higher standards, and we hold ourselves to an ethical standard, and and we can't pick and choose though, can we, what people study. so we will continue on, and we'll follow through with this investigation. >> reporter: sure. i think it just added another level of shock, that detail, for

everybody. >> i'm sure, especially across the nation. a lot of times in law enforcement we're not shocked anymore, we're not shocked by anything because we've seen so much. you ask any police officer across the nation do they get shocked by things, typically not anymore. especially if you've been in the field for 27 the, 28 years. >> reporter: okay. have you been getting a lot of tips on the suspect since the news conference yesterday? and have people come forward from wsu to help with the investigationsome. >> so i can tell you we've gotten -- i don't know, i think we had within an hour after we had over 400 calls come in to the tip line, which is a lot for an hour, correct? i've received some through my e-mail, but i'll tell you what i have received and it's been the uplifting part of all of this, is all the thank yous for our department, all the thank yous for this investigation team. it's overwhelming and humbling actually.

david: let's now talk to former deputy assistant attorney general tom dupree, former deputy assistant is attorney general. he joins me now. tom, four counts of first-degree murder. you have to develop a pretty strong the case to bring that charge. does that -- can i mean, again, he wasn't very forthcoming about what he had for obvious reasons, but at the same time, those four counts, the fact that they filed them, that seems to indicate they've the got a pretty solid case, no? if. >> yes, i think it does mean they have a pretty solid case. you don't arrest someone on charges of this severity unless you have evidence to back it up. i think we'll learn a lot more about the precise evidence that led them to identify this guy and make this annext week or the following week. once this guy gets transferred back to idaho, which i think will happen pretty quickly, at that point the prosecution and the government will put its evidence into play. the probable cause after 2k5eu69 that justified the awill have a

lot of the evidence listed in it, describe what led investigators to this guy, and we'll know a lot more at that point. david: obviously, this is going to be a number of different types of evidence, but our reporter was asking about dna evidence. there was, apparently, a lot of dna at the crime scene. when you have four brutal murders, stabbings, you have a lot of blood, a lot of dna evidence available to investigate. might -- can i'm pretty certain that that plays a role in the evidence that they've going to bring to court, no? >> that would be my hunch. look, the fact is it's very difficult to commit a violent crime like this without leaving evidence at the scene, and that would include both biolargal dn if a evidence from the perpetrator himself and very possibly brought with him biological evidence. that could be blood, hair, with him when he left the scene. of that's one reason, i suspect, why the police right now are searching this guy's car that they found in pennsylvania, because they apparently had placed car near the crime scene,

so there may be more evidence in that car that links this guy, the suspect, to these crimes. david: but, tom, then you have the twist that we just heard the chief talk about, his experience many criminology. of course -- in criminology. of course, it's horrible that criminology would get a bad rep from all of this if he's found guilty, but the point is he knows a lot about crime, about how people commit crimes, about how people cover up for crimes. might he have planned this crime in a way that would cover his tracks? >> yeah, it sure would add a dark and sinister to this whole thing. in other words, it's very possible that he was actually studying the same types of things that then he carried out in real life. there's certainly a lot to look at here. i agree with the police chief that in the kind of casts a pall over that, and you never like to think people who are studying criminology and training to be in law enforcement are actually carrying out horrific acts of this nature. david: then there's the question of what happens when they do

come out with this evidence. is it conceivable, i mean, a crime like in the, particularly when the community has been so involved, they were scared to death of people around from the -- around there, that this perpetrator was going to hit somebody again somewhere. if he tries to plea once he sees that the evidence is overwhelming as the chief suggests it is, do you think there's any way they would take a plea from in the guy? >> i do. i mean, i think prosecutors are always interested in having those types of discussions. i think this case is probably harder to reach a plea agreement than in more cases, again, just given the public attention put on this, the horrific nature of these acts. but i've got to think that this guy's defense lawyer, if and when he actually sees the evidence that the police put on their table, that's the first thing he's going to do, knock on the prosecutor's door and say, hey, let's cut a deal. david: and does idaho have the death penalty intact? i mean, would that be applied here if they go for first degree

all the way? >> i would imagine the prosecutors would seek the death penalty. as we know in our society, it's very difficult to actually see death penalty cases through to the end, trying, convicted, years of appeals. it's the a very, very complicated process. that said, if i were in the defense lawyer's position, the first thing i would do is go to the prosecutors, see what the evidence is and if you think there is a possibility of that type of penalty or severe penalty, try to come in and negotiate something, life in prison, 50-year sentence, something like that. we'll see what happens in the days ahead. david: tom dupree, thank you for all that. appreciate you coming in. >> thank you. david: well, now to times square where crowds are growing ahead of the ball dropping. fox weather's katie byrne is in times square watching the preparations. a little rain on the way. >> reporter: oh, yeah, david. it's going to be aing so by -- soggy one. we've had rain on and off this morning. but, listen, a little rain isn't shaking the excitement off of some of these people.

take a look, these are the early birds you are looking at. [cheers and applause] you can tell people are excited. they've got some of the best views in the house here because they got here nice and early. but we know once that clock strikes midnight, picture this, about 3,000 pounds of confetti will be raining on everyone here. unfortunately, that's knot just the only thing. rain from the sky will be coming down on us too, and a lot of people have been reflecting on the last time it rained for new year's eve in times square, back in 2018, with pretty similar temps to what we're feeling now. today we are in the high 50s, but people seem pretty happy that at least it's a bit warmer. still, many of them stock thing up on their ponchos and their rain essentials for this. >> we're going to make the best out of it. we came prepared. we've got our rain ponchos. not three, but four of them. in fact, i've got two more right here. [laughter] so i think we're ultra-prepared as best as we can be. perhaps the greatest thing though is the temperatures here

in times square, fantastic. we stopped last night at duane reade, we got our cheetos, our cookies, we've got our candy. it's such an amazing place. how can you overprepare. we're really, really glad to be here. >> reporter: a little rain did not hurt anybody here. people are excited, we're expecting it to just get even busier with thousands and thousands of people. this is the first full-time, full-capacity new year's eve in times square since the pandemic. david: i just wonder if those folks willing to stand for the next 14 hours in the rain as they wait for the ball to drop, but they're hearty folks. katie byrne, thank you very much. coming up, more on what we are learning about how police tracked down that suspect in the idaho student murders, coming up. and the u.s. to require covid tests for travelers coming in from china as it reopens. but with cases surging in china, should we be worried about a new

strain of the virus coming here?

david: health officials across the globe are keeping a very close eye on china's covid surge as the country reopens to visitors. the and several other countries are going to be requiring negative covid tests for travelers coming in from china. that begins on january 59. just how big of a worry is this? nyu school of medicine associate professor dr. debbie joins me now. dr. debbie, good to see you. thanks for being here. how concerned are you that a new covid strain coming out of china could make its way here? >> well, you know, as with everything, there's the covid virus itself that gets strains and hen there's also our

response to the virus, right? so throughout this pandemic we've had to be concerned about the testing, the treatment, the vaccine, also how the data's compiled, how it's communicated to the public. so here it's not really a surprise that with china that's had this zero covid policy and then has suddenly opened up that there would be a surge regardless of whether there's new variants. of course, if you have 1.4 billion people and they suddenly start developing covid, there is going to be a surge. what's interesting to me is that, you know, our choice in how we respond to it is to say that people have to have a negative test. our tests have to be able to detext the virus or the new variant, then why wouldn't, you know, the vaccine or antibodies acquired either naturally or through a vaccine, why wouldn't that also be able to detect the variant and fight it also, right? so there's sort of a disconnect there, that if the antibodies can fight the virus, then why would that be different from the

test? so there is something a little bit strange the about china in that respect. david: there is. i want to mention something that is kind of frightening that happened last week. there were. two flights from china into milan, italy. on those two frights, on both of those flights, they tested for covid. 50%, 5-0, half of all the passengers tested positive for covid. that's, that's a very frighteningly big figure, isn't it? >> well, it is a big figure. so has concerning in one respect, but we still haven't addressed a couple of issues which is when people test positive, are they carriers or are hay actually infected? so that still hasn't been involved over these -- solved over these past couple of years. then you have the issue of who is most at risk. here we have people who may be testing positive, we don't know for sure what's going on. but we're grappling with corid, rsv and inflew went sa at the same time. -- influenza. people in china may be more at

risk because they may not have the same immunity we have. regardless, the maybe the purpose is to protect the hospital system that if people come here and hen they get sick, if you have a huge surge of people who are infected, that may overwhelm the hospital. and beds aren't measured s in terms of billion beds, they're measured in terms of -- of physical beds, they're measured in terms of staffing, health care worker shortages. we also have problems with medication shortages. so a lot of our medication comes from china itself, our medical devices, etc. and if they're grappling with all of these people in quarantine and affected -- david: it's a problem. dr. debbie, i just have to ask you quickly, we only have 5-10 seconds, if italy has 50% of the passengers coming in testing positive with covid, it's probably happening here as well with flights into the u.s. why do we wait until january 5th? shouldn't we do it immediately, this testing? quickly. >> we have to do it decisively and quickly, exactly.

david: dr. debbie, great to see you. thank you so much. appreciate it. stay healthy. we are learning more about the idea student accused of murdering those four idaho can students. we have a live report coming up as authorities search for a motive. more on that coming right up. i'm frank siller from the tunnel to towers foundation. i'm here at the patriot awards to honor some very special people, gold star families and families of fallen first responders. we are going to surprise them with a very special gift. i'm with 21 of these families tonight. they came as our guest. ... this morning we paid off their mortgages. they never have to worry about their mortgages again. give them a round of applause. not expecting to go out on stage and find out that i was getting my mortgage paid off. my kids will have a forever home. tunnel to towers is an amazing organization.

i couldn't believe what they've done for me tonight and what they've done for countless others. tunnel to towers is here to help. if you haven't given yet, please do, go to t2t.org to give as little as $11 a month. thank you. we've moved so far away from the constitution that in many ways we don't even recognize it. in hillsdale college's most popular online course constitution 101; distinguished politics professors teach you the meaning and history of the constitution. how it's been undermined and what it will take to restore it absolutely free, at learnfromhillsdale.org. you'll learn the principles of american government, discover how the founders established the freest and most prosperous nation in history. see the ways we have moved beyond the constitution in the past and how we face a new crisis posed by the rise of the bureaucratic state. we think that we're becoming more advanced by abandoning the constitution and adopting

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what i should have been . the free course makes you realize how truly unique america is and how fortunate we are to live here. to start your journey discovering the constitution free of charge go to learnfromhillsdale.org today. >> some sad news to report to you on this holiday weekend. pope benedict has died at age 95, the first pope to resign his position in 600 years. greg palkot has more on life and legacy. >> when john paul ii died after more than 25 years as pope and cardinals met to elect a successor, a man who didn't appear to want it. >> the lord cardinals have