rich: a fox news alert, the new year begins with an investigation into a brutal attack on police in new york city as a possible terrorist incident. welcome to "fox news live," i'm rich edson in for eric shawn. molly: and i'm molly line in for arthel neville. a machete-wielding suspect slashed a rookie officer during his first night on the job in times square. two other officers were also hurt, and now we're learning the suspect may have ties to islamic extremists. new york city mayor with eric adams is praising the quick work

by police while trying to reassure the public. >> we are really pleased by the response and how our officers handled this situation. all three of the officers are in stable conditions, and there are no credible threats to new yorkers at this time. if. rich: alexis mcadams is live here in new york city. >> reporter: hi, rich. this all happened last night right in the middle of times square. we saw the police action and a lot of activity the, now we're finding out exactly what went down. investigators and sources are telling us that this teenage suspect drove in from maine, he became radicalized online, pulled out that machete and started swinging. we did talk to the police about this. listen to what they had to say. >> a 19-year-old male approached an officer and attempted to strike him over the head with a machete. the male then struck two additional officers in the head with the machete i. one officer, an 8-year veteran,

suffered a laceration to the head. the second officer who graduated the police academy on friday was also struck in the head, resulting in a skull fracture and large laceration. >> reporter: so the three nypd officers were attacked right in midtown manhattan in the middle of that new year's eve celebration. a million people were just steps away celebrating when 19-year-old trevor bigford of maine -- bickford started swinging. it's a pretty big knife they found at the scene. he struck two officers in the head including that rookie cop who had just started on the job. both of those officers suffered from head injuries, and the third the officer was also treated, but all are expected to be okay, thankfully. mayor adams tweeting out that the officers are in stable condition and that the attacker is in good custody saying their response is an example of the professionalism of the nypd officers who give so much for

our city every single day. we can tell you one of the officers who was responding did shoot that suspect in the shoulder. that suspect was taken to a hospital where he's being questioned. he's expected to be okay, but there's there's still so many unanswered questions, and we're still waiting to see what was found in his car that he drove to new york city in from maine. rich: alexis mcadams, thank you. molly: we are bringing in retired nypd lieutenant joe cardinale. happy new year to you, we appreciate your insights on this first day of a brand new year. starting off pretty rough though for the nypd, our thoughts are with these officers and all of their families as well. they stepped up to protect the revelers, to protect the people celebrating this new year and once again became the subject, the target of an attacker. your thoughts. >> you know, these are brave individuals that go out there for a thankless job these days, and they're very lucky because things could have escalated to a

different degree. you know, with their injuries. and just thank god they're okay right now. so this is a result of the soft-on-crime, this is a result of what's coming across the border, and it all comes to new york city. the only thing i could say as far as prosecution, i hope it falls into the hands of the fed since he's on the watch list. now, new yorkers have to understand that this is the an everyday occurrence now with police officers, it's not just now. it continues throughout the year, and it's not just here in new york city, it's across the nation. wherever they have these soft on crime and these bail reform laws. and something has to change because this trickle-down effect is just going to land in the laps of new yorkers. molly: i want to get your insights, your thoughts about this particular suspect. 19 years old, he's been identified by "the new york post" as a guy named trevor bickford, just drove right into town. this is an area, clearly, crowded with people where this attack occurred and a large

knife used. your unsights on the -- insights on the suspect and the accusations against him. >> well, the suspect, you know, the fact that he's on the radar, they probably picked up on social media for whatever social media allows the fbi or whatever they're allowed to peruse at the time, and he got on their radar for those reasons. so my question is, you know, if he's being, you know, tracked that way, did they know he was coming to new york, you know? were they able to put it out there that, you know, his wanters? if not, if he -- his whereabouts, that doesn't necessarily fall on the fbi if not, but it's something to be aware about. the fact that he's on a social platform and he's professing this and taking crash courses in, you know, islamic terrorism over here, then something has got to be done about that to a different degree can as well. they have to change what's allowed to be seen on the social media, and social media has to step up their game and start reporting every little incident they see.

let the police departments and the fbi determine what's credible and what's not credible. molly: you know, i want to take a moment just to kind of think about these officers and their families as well. we have patrick lynch here at the press conference last night. take a listen. >> but remember those family members. the family members who are probably watching the ball drop on the television, and then their phone rings, expecting a happy new year call, hen to find out -- then to find out that we're sending a car, we'll be picking you up, we'll be bringing you to the hospital. let's think about those family members here who are in shock right now. molly: you know, and that's an important thing here. we think to some extent these men and women who are out there serving there in the dark protecting everyone else, that they're the superheros. but at the same time, you know, their families are worried about them doing this very brave job. >> yes, molly. it's not just new year's, it's

every time they walk out the door. you know, kiss their family good-bye and everything, you know, the families sit at home and wonder throughout their tour what's going on. and new york is just, you know, a majority of new yorkers appreciate the nypd. it's just the higher-ups in the city council, even up to the mayor's office. i'm not blaming anybody because they do a thankless job all the way up the tower over there, but i'm telling you that things have to change with the thoughts about how the nypd does their job. it cannot be politically charged, it cannot be based on what the political climate of the day is. cops need to do their job without fear of reprisal from city council members who just pick whatever topic they want for the day to say what policing should be in new york city. things have to change. we need to back these officers up. we need to give them the indemnification they need. we need to make in the test juice job that it used to be tht

used to be. thank god for the men and women in blue that we have out there today. molly: yeah. there have been a lot of officers that are leaving the nypd, either they're going to another police force or they just reached retirement age. it's a significant problem and a big recruitment effort is underway. and one of these officers that was struck by the machete was a rookie police officer. he had just graduated on friday, was joining the force. you know, your thoughts on what the nypd, what the city needs to do to attract more brave police officers to the force? >> molly, as i stated, they need to make in the prestigious job it once was. they flocked from all over the country to come here, now they're leaving. that has to tell you something. you know, they can't even get people to take the test the here in new york city. that's the way they're recruiting from outside the city. we need home grown police officers from new york city, and we need to get back to the days of old where they want the job. molly: joe cardinale, thank you so much for your service. of course, the officers who were injured last night for their

service and all those responding officers that rushed to help them. and thank you for your insights and happy new year. >> happy new year, molly. molly: rich? rich: a lawyer for the suspect in the idaho the quadruple murder says he's planning to waive his right to an extradition hearing. the 28-year-old is due in court tuesday facing four counts of first-degree murder in the stabbing deaths of four university with students. live fox team coverage, dan springer at the suspect's apartment complex in pullman, washington with, but first, laura ingle live at the monroe county jail where authorities are holding the suspect without bond. laura. >> reporter: good afternoon. we are learning more information here now that the suspect has a public defender and what these next few days are going to look like for bryan kohberger on these quadruple murders. now, we've seen that mug shot. his public defender says that kohberger is waiving extradition so he can quickly be brought to

idaho adding, quote, he's to eager to be exonerated. we visited the neighborhood where kohberger's parents live and was the scene of his arrest friday morning. the private gated community had two guards outside yesterday as visitors piled in for the holiday weekend. there have been numerous reports that kohberger asked if there had been any other arrests, and moscow police chief james fry told fox saturday they believe the suspect acted alone. >> reporter: are you investigating whether the suspect had an accomplice in this crime? >> we truly believe we have the individual that committed these crimes. >> reporter: now, if kohberger waives his extradition at tuesday's court hearing which we expect, it will speed up the process of getting him to idaho. there are still legal matters that need to be addressed to get him there. an extradition form will need to be signed, the pennsylvania governor and idaho officials will coordinate transport and have to get together to do that. meanwhile, more people are coming forward to talk about

what they have observed of kohberger in the past. a local bar owner told "the new york post" that kohberger allegedly scared women staffers and customers here in pennsylvania and would often ask who they were with, where they'd live and get upset if they rebuffed him. and we're getting some brand new information from former homicide detective and fox news contributor ted williams who's on the ground in idaho. he has a source that coberger has lawyers there -- kohberger has lawyers there in place who went to get a court order for the crime scene so they can do their own inspection. that cleanup stopped just before the arrest, so that could be more of what that's about. back to you. rich: laura ingle, thank you. molly: many residents stunned by the news that the suspect stayed in the area after the murders. this as police reassure the community that there is now no longer any threat to the public. dan springer is live in pullman, washington with, outside of the suspect's apartment building,

and he's been gathering information. dan. >> reporter: hi, molly. both the prosecuting attorney and the moscow police have said pretty much the same thing, that this investigation is far from over. the job now is to build the prosecution, build a case and help explain what led up to these quadruple murders. police say within one hour of announcing the arrest of 28-year-old bryan kohberger, they received 400 tips from the public. we know from a police source that they've only been focusing on coe berger less than a week, so there is a lot to learn about him. we also know dna played a key role in the arrest, and more specifically, the process known as genetic genealogy. it requires some dna sample prosecute suspect which is then linked to -- from the suspect which is then linked to the family member. we know the scene was very bloody, some of the victims had defensive wounds and perhaps some of the killer's dna on them. >> it's an understatement to say

that it's an evidence-rich environment because there's so much biological evidence that was left behind, very, very bloody, horrible. this was pure butchery on the part of this alleged perpetrator. he's going to leave something behind and that, apparently, is what has happened. >> reporter: kohberger lived in this apartment complex on the campus of washington state university where he is a doctoral the program for criminology. it's less than 10 miles from the murder scene at the university of idaho. kohberger doesn't appear to be well known here, but neighbors were stunned by his arrest. >> it's jarring. i don't know how to take it, honestly. it's hard to process because it's just so, like i said, a high contrast to what we're used to and it still feels hard. it feels like it's happening far away even hoe it's the literally in my back with yard. [laughter] >> reporter: washington state university said in a statement yesterday that kohberger finished out his first term earlier this month.

that would mean that he was here in the area n pullman, for about a month after those murders and that white hyundai elantra likely in this parking lot for that entire time. molly? molly: remarkable information. dan springer, thanks for pulling it all together for us there from your reporting. we appreciate it. rich? rich: a new report says the white house is looking to ramp up expulsions at the southern border by expanding title 42, the very policy it's trying to end. texas congressman lance gooden joins us next. ♪ ♪ together we support immune function. supply fuel for immune cells and sustain tissue health. ensure with twenty-five vitamins and minerals, and ensure complete with thirty grams of protein. one role of a lifetime... one sore throat. but she had enough. she took mucinex instasoothe sore throat lozenges. show your sore throat who's boss. mucinex instasoothe.

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♪ rich: quite a turn of events when it comes to title 42, perhaps. politico reports the white house may be looking to expand the trump-era border policy that it's been trying to end now that the supreme court has temporarily left it in place. the biden team reportedly wants to force migrants from cuba, haiti and nicaragua to apply for asylum and turn away those who don't qualify under title 42. meantime, a former border patrol chief said the situation at the southern border is only getting worse. >> we wouldn't even be talking about title 42 the if the administration hadn't torn down every effective border security

policy that had been put in place over decades. this is squarely on the biden administration's shoulders. hay sent a message to the world that our borders were open, and they created this complete disaster. rich: joining us now, congressman lance gooden, republican from texas who serves on the house financial services committee. congressman, thanks for joining us. this is a little bit more from the politico report. quote: the administration is looking to institute a parole program for migrants, but implementation of the program which deals with countries facing political and economic turmoil is dependent on the use of title 42 authority to turn away those who don't qualify. so bottom line is it looks like they're trying to model this after what they've done for venezuela. you apply in your home country. if you qualify, you have ties to the united states and financial support in the united states, you ply up -- fly up here. if you walk up and go across the rio grande, hay kick you out. what do you think of that? >> i think it's interesting that only a week or so ago president biden was saying we need to axe

title 42, and now they're planning to use it. the reason we're in this situation though is because they have failed to secure the border. title 42 is a band-aid on an amputated leg. it is not a solution to a long-term problem that has only grown worse and worse since president biden took office two years ago and, unfortunately, we've come to the point now where i'm hearing from some friends of mine across the aisle that they're actually pulling for this title 42 to stay in place so they can say it forced their hand and they don't actually have to step up and secure the border in the way that they know they should. so i think biden's in a tough spot. he's got the extreme wings of his party saying he should do absolutely nothing and welcome anyone and everyone, but then he's also seeing the writing on the wall. he sees how cnn has even started to refer to this as a crisis and no longer tiptoe over what we've been saying fo years, we are absolutely at a crisis point. and the actions of this white

house have helped us get here. rich: on the surface it appears that action with a democratic white house is somewhat unlikely, but, you know, what the heck, it's a new year. do you see any type of compromise coming to beef up border security? there is a conversation at least on the senate side with senators sinema and till the lis who are -- tillis who are working on a border security element and an element for a path to citizenship for about 2 million dreamers in the country. do you think that's something that could be workable as a compromise this year? >> i think anything's workable at this point. in two days republicans will take control of the house, and no matter how bad things are today, they can get worse, and i believe we will be headed at least in the right direction. we'll finally be able to hold this administration if accountable. remember, we've not actual had a proper hearing holding secretary mayorkas and his department accountable. i believe he's the greatest advocate for his own impeachable, that's something you'll possibly see. but i also think as we approach

this spending bill with expiration come next september, unfortunately, we have to wait until september because republicans in the senate compromised with democrats for a terrible spending bill just before christmas. but i think we've got a lot of leverage. i think the biden administration knows that the, and they will want to start working with us now because my colleagues and i on the republican side will refuse to continue to endorse these spending bills without some kind of border security and serious changes. but i think that a republicans are absolutely willing to work with this president. he's been unwilling to work with us, but he's also had majorities in congress on his side. we'll have the power of the pursestrings in the house, we'll have power of investigations, subpoenas, we'll have invest story duties that i know -- investigatory duties that i know we'll fulfill, and i believe republicans will play a major role in forcing this administration to do better than they have at the border, and i'm very hopeful. rich: with the expected expiration of title 42 perhaps if the supreme court rules on it in february, you know, the

administration says it's been working to try to replace it with title viii authority. what happens and has the administration kept congress mt. loop on how it's preparing for the expiration of title 42 if it, in fact, happens? >> we've not been kept in the loop by this white house. we've been told lies, that the border is secure. the american people don't believe that, democrats don't even believe that. i think the white house is realizing that. i hope they'll stop saying it because it's silly and it's not helpful. we need security at the border. we need to build the wall, we need to implement the policies that were scrapped two years ago when this white house took over, when this president took over x. i think we need some serious talks on capitol the hill. republicans are now in control in 48 hours, and we are going to hold this administration accountable, and the american people want that. the american people are fed up and angry with this biden white house for lying to them constantly. they are not the fools that in the white house believes that they are, and i believe that my

constituents and those of my colleagues across the nation are demanding action at the border. it is the single greatest issue and crisis we pace. rich: congressman lance gooden, thanks very much for joining us. >> thank you. happy new year. rich: you too. molly? molly: shocking, shocking, shocking video out of portland, oregon. a woman caught on camera shoving a toddler onto train tracks. the 3-year-old, thankfully, suffered just minor injuries. this as business owners beg officials to do more to fight that city's soaring crime rate. matt finn is live in los angeles with the detail thes on this one. matt? >> reporter: molly, the horrifying video appears to show this woman intentionally shove a 3-year-old onto the train tracks without any provocation. it happened on wednesday in northeast portland on the track of the gateway transit center max platform. 32-year-old brianna workman is accused of pushing the innocent 3-year-old child onto the train tracks for no apparent reason.

the district attorney says the mother and her 3-year-old child were waiting for the train when this suspect shoved that child who landed face first onto the metal rail and rocks. a bystander rescued the child from the tracks before a train came. the woman is charged with multiple crimes including attempted assault in the first degree. the 3-year-old suffered a a headache and a mark on the fore if head from hitting their face. this horrific incident comes as frustrated business owners in portlandland are calling on city and county leaders to do more to combat rising property crime in the city of portland. a business advocacy group says there's a shortage of public defenders in the county where this video happened. police response times have hit levels not seen in a decade according to police data. molly? molly: boy, credit to that bystander that just jumps right in there. matt finn, thank you very much. >> reporter: thank you. rich: well, president biden talks up his accomplishments for the middle class, turns out

that's who inflation hit the hardest in 2022. hugh guilderren on that coming up. plus, preparations underway at the vatican for a historic papal funeral. details live from rome next. ♪ ♪ ways heard about it, listened to stories, and cried, and thanked god that it wasn't my child. and then it was my child. subject 2: nobody is thinking about, well, what if my kid gets diagnosed with cancer? it can happen. what if it does happen? what do we do? simone: in that moment, death was not an option. and if death is not an option, then i have to find the best place that will help her to live. and st. jude was that place. azalea: ok, mommy. simone: at two years old, she was formally diagnosed with rhabdomyosarcoma. and that is a solid tumor, cancerous solid tumor.

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♪ rich: tens of thousands expected this week at the vatican to pay respect to pope e her he's benedict xvi. he died yesterday at age 95. his body will lie in state for viewing at st. peter's basilica starting tomorrow for three days before his funeral thursday. chief religion correspondent lauren green is live in rome with more. >> reporter: well, good afternoon. the preparations are being made here at st. peter's basilica for the viewing and funeral of pope benedict vxi, and it really is unprecedented because there has never been a former pope many modern times, so there's no

protocol for this. and journalists are asking is there a guest list of dignitaries who might be attending. we're also learning more information about the last moments of benedict's life. the emeritus pope died yesterday, as you said, morning in his first floor apartment at the monastery in the vatican gardens. a source close to the vatican said that benedict's last words were said in german, his native tongue, jesus, i love you. at the moment of death, benedict's personal secretary called pope francis to inform him, and francis arrived within 10 minutes and said prayers over the deceased former pontiff. tributes pouring in, and president biden, a catholic, tweeted of benedict he'll be remembered as a renowned theologian guided by his principles and faith. may he continue to be an inspiration to all. but benedict's passing is personal. he was born nearby, people lit candles and remembered the first

german pope in nearly a thousand years. >> translator: we were proud. we were very happy that someone from germany would become pope from bavarian, very close by, yes, yes. >> translator: he was very human. very upset of him passing away. i must say quite honestly that he was a kind-hearted person. we will miss him. >> reporter: right now benedict's body lies in repose inside monastery. pope francis reportedly earlier said prayers and a blessing and gave blessings. tomorrow benedict's body will be moved to st. peter's basilica where the faithful will have an opportunity to give their last respects. back to you. rich: chief e e he religion correspondent lauren green live for us in rome. thank you. >> i said from the beginning that my objective when i ran was to build an economy from the bottom up and the middle out. i've said from the beginning that my objective is to build an

economy from the bottom up and the middle out. and it's a testament to our new strategy of growing this economy from the bottom up and the middle out. it's time to grow the economy prosecute bottom up and the middle out -- from the bottom up and the middle out. molly: a new report from the nonpartisan congressional budget office paints a very different picture. it shows that two years into biden's presidency the highest inflation in decades has hit the middle class the hardest. their purchasing power down almost 3%. let's bring in the editor-in-chief at the the washington examiner. thanks so much for joining us on this new year's day. happy new year to you. getting into this, it's such a slogan now, or you know? the bottom up, the middle out. but this new report from the congressional budget office shows that the middle class actually got slammed pretty hard. your thoughts on the new report. >> yeah. there's a real irony here, and you knew listening to president biden when he talked about bottom up and the middle out

that it was just a nice kind of catch phrase, but it was probably meaningless. and the hinge about this report is -- the thing about this report is that it shows that to be the case. the prices between may of 2020 and may of 2022 have risen by 15.5% for the people absolutely in the middle. it's lower than that for the people at the top, and it's the lower than that for the people at the bottom. so we know that this bottom out and -- the middle out is empty rhetoric. the middle class incomes are not keeping up. they have been the ones hurt most, and a real problem for biden politically is the fact that 90% of americans describe themselves as being a part of the middle class. 10% only say that heir working class, and only 1% say they're upper class. so he is basically saying, all of you people, you know, 90% of americans, we're building it out

for you. , and in fact, the people who identify as that 90% know that their prices have been rising faster than anybody else's. molly: you know, 202 the was pretty tough when it came to the economy and this inflation, and as you mentioned, the majority of americans identify as middle class. but democrats didn't pay the price that many expected them to pay in the midterms, you know? this red wave that was expected because of the economy didn't materialize. so what, will there be a political price to pay as we're heading into 2023 for the democrats? >> well, i think that there the will be. you know, immediately after the election president biden was asked if he would change anything as a result of the election, and he said he was going to change nothing, he was just going to continue. he didn't learn any lessons. the thing about the midterm elections was not that people thought the democrats were doing a fantastic job or president biden was doing a fantastic job. he's an historically unpopular president, and people were citing inflation as the real

problem and 77% of the population think that we're going to go into a recession now. the reason that the republican red wave didn't happen is that voters decided the more immediate problem was to make sure that they punished those candidates who were citing sort of president trump fiction that he host, that he had the last election stolennen. they don't approve of president biden, they don't like what's been happening with the economy, but they just, they would not vote for those candidates that went along, that were trump-chosen candidates, the trump-endorsed candidates, the ones that repeated trump's fictions about the last election. but if president biden thinks that he's doing everything right, i think there's a a political comeuppance heading his way, because people do not like what he's to done with prices. and one of the things that should be remembered is that inflation was higher than 7% before the war that ukraine started, and so blaming it on russia is just a on nonstarter.

molly: yeah. politics a little bit aside, i just want to get your thoughts as we're to entering 2023, will things be a little brighter for the average, as we're talking about a, middle class american? >> well, it really depends, molly. i mean, it is true that inflation is coming down, and that's because the federal reserve keeps on raising itself rate -- interest rates. what that means is that the federal reserve is turning the screws down on inflation. the problem is that when you turn the screws down on inflation, you also make the possibility of recession higher and higher and higher. and the perfect threading of the needle is to enrecession without causing -- end recession without causing recession. that's a difficult thing to do. if we can get through the inflation without recession then, yes, 2023 is going to be a better year than 2022. but that's an extremely difficult thing to do, and most americans and a lot of economists believe that we're

heading into a recession and possibly a deep one. molly: all right, hugo, thank you for joining us on the first day of a brand new year. we appreciate it. >> thank you. rich: as the supreme court prepares to hand down crucial decisions in the new year, the chief justice warns their security has never been more important. mark smith, a member of the supreme court bar, weighs in next. ♪ ♪ waiting. sometimes it's just inevitable. but if you're over 50 or live with a chronic condition, waiting could be deadly. because conditions like heart disease or diabetes raise your risk of serious illness or death from untreated covid. and if you don't get treatment within days, you may not be able to get treatment. so, got covid symptoms? get tested and get treated right away. it can't wait. not that into saving, are you? -whoa, dude... -money. cuz... cuz you paid too much for those glasses. next time, go to america's best

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medicaid and chip offer free or low-cost health coverage for kids and teens. get peace of mind knowing that doctor's appointments, hospital visits, prescriptions, shots, and more are covered. enroll today. learn more at insurekidsnow.gov paid for by the u.s. department of health & human services. molly: the house set to hold a january 3rd floor election to determine speaker of the house when the gop takes over. it is poised to be the most dramatic vote in a century. a small faction of never kevin republicans plans on blocking the current minority leader, kevin mccarthy, from that post. alexandria hoff has more. >> reporter: mccarthy is the outgoing house minority leader, won an initial vote among

republicans back in november. in order to become speaker, he must secure 218, so that's the first order of business when the republican-controlled 118th congress convenes on tuesday. while there are republicans who feel mccarthy is still dozens of votes short, congressman darrell issa said today he feels that number has dropped. >> that has dwindled down to single digits with a couple of people saying they'll never vote for him. but at the end of the day, recognizing that if five or six people hold out, all we're really doing is empowering the other side and not having a speaker, because there's no question over 200 members, republican members, will stick with kevin mccarthy again and again and again. >> reporter: arizona congressman andy biggs is among those vowing not to support mccarthy. in fact, he plans to challenge him for the speakership. >> right now nobody has # 18 votes, which is the magic number, and i'm not like -- i don't believe we're going to see

that until january 3rd, and it'll take, maybe it'll take a few ballots to shake that out. >> reporter: here's where things get really interesting. if there's no majority winner after the first ballot, the house will keep voting until there is. no speaker vote has gone to a second ballot in a hundred years. mccarthy can only afford to lose four votes, so even george santos, who as admitted to fabricating his resumé, is a vote that mccarthy needs. molly? molly: the suspension. alexandria hoff, thank you very much. rich: the supreme court's been in the spotlight lately with landmark decisions including its overturning of roe v. wade last year. that trend might continue in 2023 as the high court has already heard arguments in significant and controversial cases. and all this against the backdrop of chief justice the john roberts in his year-end report highlight aring concerns about justices' security. at a protest outside their homes and at an alleged aa saws nation

plot against justice brett kavanaugh. mark smith joins me now, a member of the supreme court bar. mark, thanks so much for joining us. i want to get to some of the cases. first off, title 42. that'll be, i think, in february. when you look at what has had some opposition at the court, neil gorsuch in his dissent against continuing with title 42, he said the court should not be in the business of perpetuating administrative edicts designed for one emergency because the elected officials failed to address that emergency. how much do you expect title 42 to make, remain in place considering you've got some serious court oppositionsome he was joined in his dissent -- not in the wording of it, but in general -- with other liberal justices. >> well, the title 42 the supreme court case can really is about who gets to make these decisions involving border security. now, what we have before the supreme court is over a dozen

states argue that they are stakeholders because, to the extent that border security is nonif existent, they are the ones that will pay the heavy price. on the other hand, historically the supreme court has said that the president of the united states as the chief executive officer of the country really is responsible for border security. so at the end of the day, this is really a legal battle over who has the say about what happens at the border. i should be also very clear here, rich, that the question presented before the supreme court in the title 42 case is really whether or not the states have legal standing to even be many court to defend -- in court to defend the title 42 law or not. if they lose, then the answer is title 42 will go away because there'll be nobody there to defend it except for the president who says he'd like it to go away. rich: how about student loan forgiveness, another big case for the supreme court. which way do you think justices decide on this one? >> well, again, what the supreme court has been looking at for

the last several years, rich, so what degree can a president on his own initiative just change federal law. and the court has been very concerned that the presidential power has grown ooh great and has basically -- too great and has made the congressional authority to enact laws as our representatives has diminished too far. so the issue with student loans is whether or not the president literally has the legal authority to wave a magic wand, if you will, and get rid of tens of billions of dollars of student loan debt forgiveness when there's not a specific congressional statute that allows him to do so. and he is really just relying on sort of general language and, you know, congressional laws that talk generally about the president has authority to administer student loan debt. whether that lets him extinguish it is a major question, and the supreme court's going to be looking carefully at those federal statutes and say did congress give the president this authority or not. rich: chief justice john roberts has focused a lot on justices'

security. this is something that he wrote in his year-end report, the law requires every judge to perform his or her work without fear or favor, but we must support judges by insuring their safety. a judicial system cannot and should not live in fear. we saw threats, we saw protests this year, we saw additional federal funding to give justices the type of security that a other members of government, leadership many congress, the president to a certain degree, gets. do you think that allays these concerns, or are there still the issues with justices' security? >> oh, i think physical security is a huge issue for not just supreme court justices, but for all judges in the united states. i think what we've seen over the last several months where you had an attempt to really sway judges' opinions based on things going on outside of the courtroom is a troubling development. and chief justice roberts is right to flag that. i should also mention what's quite interesting is one of the

hot topics that we've seen before the u.s. supreme court is the second amendment's right to keep and bear arms which, of course, is the right to defend yourself against physical danger. it's quite interesting that the supreme court has gone so far with this year-end letter from chief justice roberts to talk about the importance of physical security for judges who have the luxury of federal agents with firearm as able to protect them. one wonders whether or not that will let them realize that ordinary americans need that too. rich: plenty to debate here, mark smith, thank you for joining us. >> happy new year. rich: you too. molly: a player from the tampa a bay buccaneers went out with his brothers on the ocean and ended up saving a family from a helicopter crash. that incredible story is next. e. -i don't feel any different. -i don't need you to feel anything to do great things. (upbeat music)

-jesus, if you do not renounce your words, we will have no choice but to follow the law of moses. -i am the law of moses. ♪

♪ ♪ rich: well, a backup quarterback just made an incredible save off the field. he helped rescue a pilot and three passengers after their helicopter crashed into the water near where he was jet skiing. charles watson's following this story live from atlanta. charles. >> reporter: hey, good afternoon, rich. tom brady isn't the only one who draws attention down in tampa a bay.

buccaneers' backup quarterback duane gabbert is getting plenty of the spotlight after he jumped into action to help save passengers and pilots -- the pilot, rather, who were involved in a scary helicopter crash landing near tampa bay late last week. gabbert says he and his brothers were nearby having fun in the water when they heard a faint noise if off in the distance and saw what they would later realize was a helicopter sinking in the water. >> it almost looked like a crew boat in the water that had broken up in about four pieces, and i vaguely remember seeing, like, two yellow life jackets. so i was, like, all right, we've got to check this out. it looked like they were in duress. >> reporter: minutes prior, a 28-year-old and his parents were returning to the airport with the pilot when, according to police, they heard a loud banging noise. the helicopter then lost power and plunged into the bay moments later. >> at this point the whole entire thing was submerged, i am

totally underwater. it's one of those movie scenes where you ache your last breath up -- take your last breast in that little bubble -- >> hey, we just had a helicopter go down off davis island. >> reporter: that was gabbert calling police before he and his brothers raced to help. they pulled the people to safety on their jet skis. this body cam video from the tampa bay marine unit as they rescued the pilot from that water crash. >> they were healthy, scared, nervous but, you know, it was just, it was a pretty crappy situation that turned good in the end. it was just right place, right time. >> reporter: yeah. and the faa and the ntsb are helping tampa bay police investigate this crash but, boy, what a lucky incidence for these people who were aboard this helicopter crash, to have the backup quarterback run to their rescue.

i guess activity just rolls off of tom brady on everyone he works with, rich. rich: good thing there was no practice then. charles watson in atlanta, thanks very much. we'll be right back. okay everyone, our mission is complete balanced nutrition. together we support immune function. supply fuel for immune cells and sustain tissue health. ensure with twenty-five vitamins and minerals, and ensure complete with thirty grams of protein. even if you like a house, lowball the first offer. the house whisperer! this house says use the realtor.com app to see three different estimates. also, don't take advice from people who don't know what they're talking about. realtor.com to each their home.

♪ molly: all right. some big money up for grabs, the mega millions jackpot now stands at a whopping $785 million. the first jackpot of 2023, the fourth biggest in the game's

history. the next drawing set for tuesday with the odds of winning 302 the million to 1. so you're saying there's a chance, just a little bit. rich: just 302 million to 1. not so bad. molly: either you or me, for sure. rich: there's a really good chance we'll be back at 4 p.m. eastern. mike emmanuel is next, all the news coming from washington. it's coming now. ♪ mike: the suspect arrested in the murder of pour idaho college students -- four idaho college students will be in front of a judge on tuesday. bryan kohberger was arrested early friday morning for the november 13th quadruple murder. welcome to "fox news live," happy new year. i'm mike emmanuel. kohberger is expected to waive his right to an extra decision hearing -- extra decision hearing during -- extradition hearing. laur