♪ ♪ ♪ this is the greatest show. >> nicole: good morning, it is the first monday of 2023. that's a beautiful shot of the sun coming up from miami. goodness, i kind of wish i was there right now, guys.

>> griff: i don't think anyone is awake here. it's miami. they don't get up this early. the whole city is asleep. nike i can in nic haven't gone to sleep yet. >> steve: go to bed early. i got up pretty much every day about #:00. to your point, they probably are asleep. but, look at the sunrise. >> nicole: beautiful. >> steve: gorgeous. welcome aboard. it is monday. it is technically a federal holiday. a lot of people have the day off. we have dr. nicole saphier and griff here on the couch. it's great to have you. >> nicole: glad to be here on this day off. happy to be here. >> steve: because we had a comp day. >> nicole: do we? >> griff: what do we get for that? >> nicole: to be together. it's the first monday of 2023. bring it in. >> steve: speaking of the first monday of 2023, do you guys make resolutions or vow to change behavior or something -- have a hope and aspiration, a goal? >> >> nicole: i don't make new year's resolution same thing

every year live a happy healthy life. >> steve: you are a doctor. >> nicole: spend more time with my family. recycle the same things. figure out what worked and didn't last year same thing. what about you? >> griff: ask my wife. a long list of things she could change. >> steve: in you. >> griff: yeah. >> steve: what would be at the top of her list. >> griff: probably the most immediate pressing one since i have been here a week and viewers are probably saying when is that guy going to get off the couch stop eating so many cheeseburgers. new york has good cheeseburgers almost one a day for 10 days. >> nicole: different places or the same one? >> griff: different places. >> steve: you want to spend more time with your family and is he never at home. you haven't been home since when? >> griff: november 30th. i have been living out of a suitcase. going back to the border. going to spend some time the next few days and get off the cheeseburger trend. best one maybe at my hotel. >> steve: at your home right now in washington, d.c., if your family is off, that lady you're

married to, if one of the kids says hey, mom, daddy, the true test will be good morning, kathleen, mackenzie and rascal is in my key still works in the door. if i get home this afternoon and it opens up. i have got it made. >> steve: tell me rascal is the name of the pet and not the child? >> griff: that's the dog. sorry. it is a new year and when i go back to washington they are going to be pretty busy there because they have got a new congress with republicans set to take control of the house once members are sworn in, which will hopefully be tomorrow. >> steve: but, first, they have to vote on a speaker as leader kevin mccarthy faces resistance as he peruses those who will vote to try to figure out if he can get them on his side. >> katie: mark meredith joins us live from washington where things could get a little tricky tomorrow. >> nicole, griff and steve they

sure can. it is a big week in washington where tomorrow republicans will take control of the house but almost instantly there is going to be drama over who should be the next speaker of the house. republicans won control of the chamber in november's midterms. they only have a slim majority. to be speaker a candidate needs 218 votes. it is possible some lawmakers may vote present, which kind of changes the threshold a bit. current minority leader kevin mccarthy is running for the speaker's chair. but is he facing opposition from some of his fellow republicans who don't think he is the best person to lead the chamber. overnight, 9 republicans who are skeptical of mccarthy announced they are glad he is reaching out to win their support. also thankful is he going to support a rules change known as a motion to vacate which will basically make it easy for ease. they say they are still not sold on mccarthy yet. the debate continues. if a floor fight drags on for several hours or days it could create horrible headlines for the g.o.p. just as they vow to

tackle inflation, energy. now our fox chad pergram on capitol hill says the longer the race the longer a democratic remains in control and other business may be postponed. steve, nicole and griff already drama with a new congress and depending on what happens in the next 24 to 48 hours. >> steve: that's right. mark, what is this group of dissident republicans? what is their end game? what do they want? are they negotiating right now because, if he does not win on the first ballot, it's going to damage the republican party. and they are all republican. so what do they want? >> well, you are right. if mccarthy does not win in the first role call vote right there. obviously it's going to come off he looks a little week a lot of republicans shape up the way committees are handled the dolled out. see different rules like talking about with the motion to vacate.

they want to make sure if mccarthy gets the speakership not just his forever. want to have checks and balances on that i understand could of power. mccarthy does have a lot of support within his caucus. important to point out he does have a majority -- not a majority but most republicans that are going for him at this point. so obviously, for him, money is on him but of course what happens between now and tomorrow nobody quite knows. >> steve: just one other question for you. that is there are a number of republicans who had suggested they would vote present. present vote doesn't count toward 218 does it? >> no. but i believe it would lower the threshold had. again, chad pergram much harder man than i am. >> steve: we couldn't get him. >> is he working the next hour. i believe it would lower the threshold wouldn't have to hit the 218. fuzzy math still work out in mccarthy's favor there think of the embarrassment this might be. republicans who ran on this unity platform, talked about getting crime under control. getting inflation tackled and if they can't figure out who is going to lead their party i

would imagine for them a stumble out the gate. also curious what the president may say about all of this. is he due back from the virgin islands a little bit later on today. he has been on vacation. if things get hesitate were he wouldn't help himself but to weigh in. >> griff: i think is he going to get out of the way. why would you intervene let them shoot each other. >> not intervene. he might take a shot at it. i think he is actually going to be going to ohio later in the week. maybe step out in the spotlight for a little bit. >> steve: let's see. mark, thank you very much. now you step out of the spotlight for at least an hour. thank you. >> griff: you know, to mark's point, talking about, you know, does it change the threshold does the numbers, math change? it would. here is the thing steve and nicole, if there are members who simply have a personal thing against kevin mccarthy and are not going to vote for him, no matter what they give him. then, they are in a real -- their problems may be just starting.

>> katie: republicans had a hard time mobilizing people to come vote and hard time early votes. the platform they ran on. crime, inflation, fentanyl. all these things are important to the american people. if you have five people saying they adamantly are not going to vote for mccarthy but say mccarthy gets over 200 votes for him. anywhere 210. there is unity in the party. and all of a sudden the focus can go on these five or how many ever people not voting. they are the ones prolonging this lame duck session. >> steve: absolutely. one of those five members of congress who votes against tevin mccarthy and he becomes speaker. kevin mccarthy is not going to forget about those five. ' going to be like. >> griff: talk to one of those. >> nicole: naughty list. >> griff: congressman bob good you see him on the right. is he going to be on the show half an hour. ask him all of these questions. also why he won't accept some of the concessions as mark is pointing out mccarthy is already making motion to vacate. which is a simple rule that john

boehner lived under which is any given time if you have five republicans. you could force a house floor vote. >> nicole: put forth what it will take. >> steve: they have told him. >> nicole: i want to know. >> steve: of course we do. one of the other things they have talked about in the press dissidence, the republican dissidence, is that, you know, he has had a couple of years as a leader, and our red wave never materialized. we thought we were going to do better. they only have a 5 member majority. but, if you were reading over the weekend, there was a great article. and i believe it was in the "new york times," i had a lot of free time after i finished wordle, i read that and it talked a little bit about how the reason the republicans got the red wave wrong was there were a couple of polls that came out. that suggested there was going to be a red wave. traditional polls had pretty much called it. were right on the numbers.

but, a few i couldn't tell liar polls predicted a giant red wave. that's why everybody had their hopes up on the republican side. look at this. we're going to get 50 house seats or 40 or 30. all those numbers were out there. they got five. griff griff now we have got this problem showing up when the congress wants to get busy. republicans want to tackle things like the border. i mean, the border is out of control. and we're starting today with our other news story. which is literally down across from el paso. at least 14 people are dead. including 10 guards. 13 hurt after gunmen in bullet proof vehicles opened fire on a mexican prison just across from el paso. >> steve: around 24 inmates escaped the prison that sits less than 10 miles from our southern border. so really it was a jail break. >> nicole: lucas tomlinson joins us live with more. >> good morning. it wasn't alcatraz appears to be brazen and even more violent.

getting video in showing the devastating aftermath of this attack and prison break. at least 10 driven guards and four inmates killed early sunday when armed vehicles full of gunmen breached the perimeter of this mexican prison in juarez across the border in el paso where thousands from been flooding across the border in recent months. more than a dozen people wounded. 24 prisoners managed to escape it. took hours for mexican soldiers and state police to regain control over the prison. they have managed to do so, we have learned. gunmen in armed vehicles arrived at mexican state prison and started shooting up the place according to el paso time. gunmen managed to kill two of them while they were riding in a getaway vehicle. in august a riot broke out at this exact same prison. violence spilling out on the streets killing 11 people. happy new year. >> nicole: happy birthday to my son tomorrow. >> that's what i meant. >> steve: lucas, you called her doc?

like one of the seven dwarfs? >> dr. saphier am i not allowed to say doc sapphire? >> nicole: absolutely. >> nicole dr. saphier. >> steve: were you always nicole? >> nicole: i was born nicole. coley. my dad called me pudge and still does. >> griff: per ruse the rules here that's luke, lucas. going back to his story about how all these people showed up at the prison. obviously, this was cartel oriented. you know, south of our border. very organized. >> they are very good at it. i mean, the cartels are making billions of dollars. and so you got to figure they ordered, you know, very organized. they had armored vehicles, same

kind of vehicles the army has down there. they had big guns. they killed all those guards. it was -- they clearly wanted to spring the people who were inside, who work for them. and they wanted them out. and you know what? it worked. griff griff whether this is isolated incident or whether it is significant to the cartels that they're exerting their power. el paso and the crossings coming from sue dad juarez has been the ernesto dr. of this crisis bettr part of two weeks to talk to the government of new mexico to try to get this government under control. one of the things i reported on on the air this past week is that our dhs think are calling

the shot. they are in charge. that's the big point. maybe this is a bit of a flexing of the muscle from the cartels, letting the government of mexico know that hey, listen, we are in charge here and it's -- for me, it is too much of a coincidence that this happened right along the border where our crisis is the worst right now. >> steve: how many of those people sprang out of jail waded across the rio grande. >> got-aways. more than 200,000 october 1st this face equal year began. >> steve: earlier on the channel. we talked to andrew arthur. he is a former immigration judge, and he was talking to steve hilton and in this observation about how these migrants are entering the country but, first, they have got to enter a deal with the smugglers and it's not a good

deal. watch. >> paid 7,000, $8,000 to smugglers to bring them to the united states. many of them, you know, don't have that money. so they enter into agreements with the smugglers to work in the united states in substandard conditions illegally under the table. in virtual dead bondage. the idea that slavery exists in the united states in the 21st century should anathema by every america and yet that's what is going on. abuse is on both sides of the border. 2014. then vice president joe biden talked about how children being brought to the united states, being smuggled here are regularly physically and sexually abused. why is nobody talking about these issues today. it's important for people to understand but nobody is talking. >> steve: and he makes the -- the judge makes a good point. and that is the cartels are growing more powerful and making billions of dollars because joe biden's policy on the border

makes it so easiy for them to smuggle the drugs and the people across. and the conditions as we just heard, these people are essentially slain that's the way he depicted it. nonetheless coming in. the deal they made with the devil is atrochts. >> nicole: they have done away with the remain in mexico program that was implemented under president trump. they are trying to do away with title 42. without any sort of plan in place. and to the judge's point, about 50,000 children are smuggled into our country every single year through human trafficking. they are devastating psychologic consequences. it's not that they come from and eventually are just a functioning member of society. they are not. they are either sold into slavery. child abuse, sexual abuse and for them to become functioning members of society, some of them never do. and they have high rates of

suicide and overdose. >> griff: they do. smuggling migrants that pay sometimes find out they get extorted for just money on the other side. it is a major massive problem not getting any better. but someone who never gives us problems ashley strohmier who has other headlines. >> ashley: you always make me feel so good about myself. we are going to start with the fbi raid of man accused of attacking three nypd officers with a machete on new year's eve. he was in possession of a chilling manifesto urging his family to repent to allah and accept islam. he has been on the fbi watch list for weeks after they received information about violent extremist behavior. he has not yet been charged in that attack. now to a fox weather alert. dozens rescued from rushing floodwaters in northern california yesterday. stuck on a major highway that quickly went under borrow. one person found dead due to the

flooding as authorities confirm two levees breached by floodwaters and came after historic rainstorm pounded the reasonable last week. can you, of course, follow this story and all the latest weather developments by down loading the $28 trillion over the rest of the century. historic cost of learning loss comes from a new study by stanford economists. he projects students will miss out on around $70,000 each over their lifetime because of stunted education brought on by pandemic closures. the staggering numbers come from analysis of the dramatic decline in test scores of eighth graders on national math tests between 2019 and 2022. okay. so do you have a favorite t show from 2022. americans have voted in and the new survey in netflix's season four of ozark took the number

one spot. >> he's dead. and i know you know who did this. you tell me who he is. you tell me where he is. you tell me his name. tell me. >> ashley: also coming in at 8% was stranger things. season four. people love netflix's new hit show wednesday. been o spin off about the iconic family. yellow jacket came in 7%. what were your favorite shows in 2022 email us at "fox & friends." i have a bone to pick with ozark though because i'm from missouri. half of it wasn't even filmed there. is that how you guys act down there? no, it is not how we act. >> steve: where do they film it? canada? >> ashley: actually. i don't know. i know only a portion was climed in the ozarks. it was not all filmed where i'm from. >> griff: i'm with you, ashley. i was born and raised in memphis, tennessee. you would go to the lake of the

ozarks for like two or three hours from memphis. go fishing there. and. >> ashley: it's a nice place. it's not like that. if you are a fan, it's not like that. >> steve: thank you very much, ashley. >> ashley: no problem. >> steve: i have a bone to pick with whoever wrote that story. if they are talking about the top tv shows of the last year, fox news notched its seventh consecutive year as a top rated cable news network in 2022. [cheers] >> steve: we were number one of all the cable channels for another year. seven in a row. >> griff: that's right. >> steve: forget about ozark you are watching the number one channel. >> nicole: i have a bone to pick with ozark. jason bateman i like him to be funny. i don't like him in the dark comedy stuff. i'm always waiting for the punch line of the joke and it never came. >> steve: i have never seen ozark. >> griff: i'm not watching it. >> steve: i'm watching the number one channel in the world again for the seventh year. >> nicole: you are the number one channel.

>> steve: we are all in this together. >> nicole: still ahead. learning more about how police tracked down the suspect of the murders of four university of idaho students. forensic pathologist dr. make baden tells us about d.n.a. role in the case. >> griff: delaying academic awards that could have boosted a college student's chances all in the name of equity. an outraged parent joins us next. ♪

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talk to our switch squad at your local xfinity store today. well, we fell in love through gaming. but now the internet lags and it throws the whole thing off. when did you first discover this lag? i signed us up for t-mobile home internet. ugh! but, we found other interests. i guess we have. [both] finch! let's go! oh yeah! it's not the same. what could you do to solve the problem? we could get xfinity? that's actually super adult of you to suggest. i can't wait to squad up. i love it when you talk nerdy to me. guy, guys, guys, we're still in session. and i don't know what the heck you're talking about. >> griff: outrage at the top public high school in america after it reportedly withheld awards because it didn't want to hurt other students' feelings. >> steve: are you kidding? apparently true. fairfax county, virginia parents say thomas jefferson high school students missed out on scholarship opportunities and calling for the principal to be fired.

>> nicole: harry jackson's children attend thomas jefferson and joins us now. good morning, thanks for coming on. >> good morning. thanks for having me. >> nicole: interesting reading this story. the fairfax county scoot official statement one time human errors in the fall of 2022 that led to these students not being notified that they won the merit awart. one of the parent said when she confronted the director of student services i told her student leaders underplayed the recognition because they didn't want to hurt the feeling of other student who weren't being honored. not only does this not give children who deserve the merit the attention they deserve but it also potentially could suppress those who by seeing other people rise, they are not being able to rise to the challenge. what's your take on it. of. >> well, i would like to point out that this was not a one-time error. this is actually systemic

pattern of injustice that has been occurring since 2017. withheld the honors of the committed scholar from national merit scholarship association where they have not been notified. this has impacted over 1200 students where families have not been notified in many cases. now, the importance of this award is that students are eligible for over 800 types of awards both from corporations as well as from universities themselves such as liberty university that offers a full tuition for commended scholars so this -- while at the same time, while this injustice was aoccurring. the principal as well as the director of student services and stat at thomas jefferson have been using the data from the commended scholars as part of their brag sheet to boost their own credentials and awards within the society. >> steve: harry, you must be furious because obviously you are a parent of some of the children there just the fact

people behind your backs in the front offers of the school were trying not to hurt anybody's feelings so everybody is equal, you know, once upon a time, it used to all about about education and not about equity and hurt feelings. >> yes, this is what equal outcomes look look like under the equity agenda being pushed under the one fairfax county agenda that we see at fairfax county schools. first time students and pataskala to prosperity is being denied to them. top performing students being pulled down in the name of equity. being denied this opportunity for scholarships. as i mentioned before. >> delaying milestones in life such as going on to grad school. going and buying home and getting married. these milestones are put on hold because of the actions of administrators that literally took active steps to assault and battery taj careers and future. >> griff: getting help from

lt. governor winsome sears. this is appear rehelp prehence cybil. our children's education is not a zero sum game. we cannot punish success in order to have equal outcomes at all costs. so we shall see where this goes. meanwhile, harry jackson, thank you very much for coming on today. we appreciate it on this federal holiday. >> well, thank you. if i may, i would like to also for those of you that are for those save merit.com, we are a coalition of parents. we have the american hindu coalition, the chinese american parent association of northern virginia, hispanics for stem, army of parents, fight for schools we are going to take this on. >> griff: all right. thank you very much. have a good day. coming up, the man accused of killing four idaho college students could be extradited as soon as tomorrow. dr. michael baden on what reportedly led authorities to the suspected killer. that's next.

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>> ashley: back with weekend new year's eve rocked with violence across the country. 8 people dead and 32 people hurt in numerous shootings. starting in alabama. people were seen running for their lives when a shooting broke out during new year's

celebration police say one person was killed and nine others were hurt and in chicago, a dozen shootings leaving 16 dead. milwaukee also reporting seven shootings over the weekend. california is now the country's first sanctuary state for transgender children. the so-called gender affirming healthcare act officially taking effect yesterday. a mother speaking out against the bill which allows minors to get gender altering medical treatment without parental consent no questions asked. no real mental health assessment. minimal diagnosis and no parental consent so long as the minor child can get to california she can order up any kind of irreversible treatment. now to the nfl losing for a second straight week following 20-10. eagles defensive end carted off and neck injury. he was released from the hospital last night. and the 49ers continue their winning ways. president pick in time -- pick in overtime to set up the

game-winning overtime. they take home their ninth win in a row beating the raiders 37-34. and of course tom brady is heading to the playoffs for the 19th time. no shocker there. the buccaneers coming back to beat the panthers 30-24. thanks to three touchdown catches from mike gibbons. pap thursday drop. brady going deep. he's got it. number 3. and the new york giants are headed to the playoffs for the first time since 2016 after a big 38-10 win over the colts. we know todd piro is very excited over. this over to you, steve. >> steve: you and i are very excited about our kansas city chiefs at the top of the heap right now. thank you. >> ashley: um-huh. >> steve: 2 bryan kohberger abot

waive extradition. caught seven weeks after the stabbing of those four college students. this as sources say the genealogical d.n.a. was established leading police to mr. kohberger. joining us right now forensics pathologist and fox news contributor dr. michael baden. dr. baden, welcome back. >> hi. good to see you. >> steve: so, you know, it would be one thing if they went up to a suspect and said hey, can you give us a swab? they didn't do that. apparently there was a lot of d.n.a. all over that apartment building. >> right. >> steve: and they compared it to publicly available d.n.a. it sounds like somebody in his family did one of those 23 and me things or what's in a government law enforcement data base and they tracked it down to him through them. >> yeah. that's a possibility. the only caution we should have is this is all unofficial information. >> steve: 100 percent. >> released on the internet. once he has gotten back to moscow from pennsylvania,

extradited perhaps today or tomorrow. >> right. >> then the prosecutor, in idaho, will be able to present -- to have hearing on the warrant that they have and release it the information, which his arrest is based. >> steve: right. >> which might include d.n.a. to do d.n.a., he has to have left d.n.a. at the scene. and with all the blood there, 99% of it is probably the -- from the victims. whereas his d.n.a. would only be there if he probably wore gloves or they would have had fingerprints. and cutting himself because blood is slippery and when you cut stab a lot of people you might cut yourself. or, if one of the victims had scached him had under their fingernails. the d.n.a. is aability to.

the hyundai car may also be released so far the car left moscow, driven by his father. to pennsylvania for four days. now, they could have -- they had the d.n.a. evidence while he was in idaho, they would have arrested him in idaho to let him go for four days with being observed and then arresting. other things behind d.n.a. involved. >> steve: right, exactly. you are absolutely right. the d.n.a. story is out there. i any think the "new york post" has it. they have spoken to anonymous police sources. so we have to wait until the indictment sun sealed. one of the other stories that is floating around there. is that apparently somebody close to law enforcement has said that they looked at his

cell phone data, and they were able to synchronize his cell phone with the cell phones of the people who were murdered. it's called geo fencing. and essentially, they were in the same spots all over town. >> that would be all would be very important in a trial. but, to see if that's enough evidence to make him the murderer. what is going -- first of all, they have got to make sure he doesn't commit suicide so he would be on suicide watch. and going through his cell phone and data to understand why he was tracking these three people. what caused him to pick these people out? he had this bizarre research report from the college of pennsylvania that he was doing, you know, interviewing criminals as to why they killed people and how they feel. so there are potential red flags for motive and for whether or

not it could have been prevented. >> steve: well. if he does -- is extradited tomorrow, we are going to fine out. >> within a few days that the prosecutor could release all that information in court. >> steve: stay tuned. not looking for a rush to judgment. dr. michael baden, thank you very much for joining us. happy new year. >> thank you. good to see you. may 2023 be a good year for us all. >> steve: 23 and me -- and you. >> thank you. >> steve: show down on capitol hill tomorrow as republicans debate electing kevin mccarthy as house speaker. virginia congressman bob good has said he will not vote for mccarthy. so who does he think should be speaker? griff is going to talk to mr. goode next. ♪

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griff griff you are looking live at capitol hill where republicans should take control of the house tomorrow but,

first, they have to elect a speaker. kevin mccarthy reportedly told fellow republicans he will support a rules change making it easier for congress to change speakers in a bid support those against him. will that concession make a difference to the five republicans, including our next guests who say they will not vote for mccarthy? virginia congressman bob goode joins us now. congressman, thank you for taking time, joining us here on january 2nd, first day. you will have a busy day tomorrow on the hill. my first question to you, sir, because you are one of the five. is there any scenario under which you could support and vote for kevin mccarthy. >> i won't be voting for kevin mccarthy he is part of the problem not the solution. i will be following the constituents in the fifth district who told me not to support kevin mccarthy. what i told them when i started my term i would judge him by what he did as minority leader and there's nothing he has done to earn my vote.

there is nothing that indicates to me that he is going to change his pattern since he has been in leadership where he is part of the swamp cartel. he is the reason on the republican side why we pass massive omnibus spending bills that just got rammed down our throats by republicans in the senate. he was bart of that in leadership. since he has been in leadership the past 8 years. there is nothing about kevin mccarthy that indicates he will bring the change that's needed to washington or that's needed in the congress or he will bring the fight against biden, schumer agenda and represent the interest of the voters who sent us to washington to bring us real change. >> griff: congressman, you wrote in an op-ed that you speaker pursue a true conservative policy agenda. if it's not kevin. who would you vote for? >> what we will do is block kevin. i suspect there will be 10 to 15 members will vote against him on the first ballot tomorrow. that will vote for andy bition. but then i think you will see on the second ballot an increasing number of members vote for a true candidate who can represent

the conservative conference. motivate the base. inspire republicans across the country, get 218 votes to bring congress together to fight against the radical democrat agenda. >> griff: let me stop you there? who is that name? here we are in the 11th hour. there are no names. give me a name. it's not andy biggs. >> going to resist for a few more hours what i have resisted the last several weeks. as you know, if we were to put forth a name right now over the last few weeks that person would have suffered all of the attacks and retaliation. >> griff: you don't have a name. >> absolutely. griff, you will see that name tomorrow on the second ballot. >> griff: let me ask you this, because and i don't mean to browbeat you but here we are with some issues that republicans want to get going. keith olbermann wants to get started on oversight. and jordan on judiciary this clearly is going to hold it up. you say you will block in that first vote. you are laying down the marker. will you accept responsibility for the damage that may do to republicans as they try and begin a new chapters?

>> you know, it's funny, griff. conservative pundits, conservative media has criticized kevin mccarthy and the republican leadership, republican establishment all of these years, and, yet, they want us to now surrender to that and to vote for the status quo to continue what we have always done. so we will get what we have always gotten. some of us came to congress to bring true transformational change to washington. we are willing to risk everyone to safe this country and republic. $32 trillion national debt. awoke education system. a weakened military we are going to block that to suggest that out of 222 members of congress on the republican side there is only one person who can be the speaker just because he happens to be the current minority leader. >> griff: no is he? could you envision steve scalise elevating for majority leader? >> you will find that out tomorrow on the second ballot, griff. >> griff: if that, indeed, occurs in the second ballot, what is it -- what what proof do

you have that there is enough votes for that person on the second ballot because you have got so many of the republicans say we wanted these changes, particularly the motion to vacate which mccarthy has given along with several of the rule changes kevin mccarthy laid out yesterday the conservatives wanted. how are you going to get the numbers for earn that '. seems like you are headed into ha real mess. >> griff, we shouldn't be in a hurry to make a bad decision. it's worth it to fight for a few hours or even a few days to get the best possible person to speaker instead of surrendering to the status quo and surrender guilty to establishment. if you want earmarks continuing kevin mccarthy is your speaker. if you want massive democrat spending bills not majority. last time he was majority leader when we had control of the congress kevin mccarthy is your speaker. if you wan surrender the power f the purse and true principles kevin mccarthy would be your choice for speaker. that's not who we are going to vote for tomorrow. there are many republicans in our conference privately

acknowledging they know he doesn't have the votes and not a trustworthy leader and not a real conservative. ready to vote against him once we put forward a true challenge. griff griff majority of republicans want to get started on the issues you mentioned. reports out there this morning in some of the washington press that this is personal for you how do you respond to that? is this personal? >> that's just silly. we are doing what we know is right for the country of. what our constituents want us to do. we are doing this for those who voted for us to bring true change to washington. fight against the biden-schumer agenda and do everything we can to make sure we have a strong conservative leader who represents the conservative voters across the country to send us to washington. >> griff: congressman bob good, thank you for your time this morning. we look forward to seeing what happens tomorrow. sir. >> thank you, griff.[c >> thank you, griff.[c good to be witouh you.y. >> griff: more "fox & friends" straight ahead. . try this robitussin honey. the real honey you love, plus the powerful cough relief you need. mind if i root through your trash?

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>> nicole: it's been eight months since the draft opinion of supreme court. there is still no breakthrough on who was behind the leak. judicial crisis network president and former supreme court clerk carrie severino joins us now. good morning, carrie. thanks so much for being with us. >> good morning, nicole. >> nicole: every judge swears an

oath to perform regardless of fear or fervor. does this leak undermine the integrity of our entire judicial system? >> absolutely. and it's interesting. while i think that chief justice didn't mention the elephant in the room is the fact we still don't know who this leaker is, it did focus a lot on court security and that's something that i think was the goal of the leaker to put those justices in fear and to try to influence and intimidate them into ruling the way that the justice wants. he tells a story of the little rock nine who helped desegregate the schools and the judge that was involved in that case who faced threats himself and how we need to have safety for our judges to ensure we have the rule of law and not the rule of the mob. so, it is very sad to see that leak has led to this kind of intimidation for justice. a ned for increased judicial security now. >> >> nicole: justice gorsuch recently said in september that we can expect to see some of the results of the investigation soon. but we haven't seen anything

yet. what do you expect the outcome to be? >> yeah. i think that was really surprising. it shows that even the justices themselves aren't being kept in the loop on this. and don't seem to know what's going on. he seemed to think, and i think it was justice kagan who also suggested around the same time we're going to get a report on this soon i guess when this committee is done. we have heard nothing. that was the first the american people heard there even was a committee investigating this. so i think that is very discouraging, the moment to find this leaker was immediately afterward. i don't think there is enough right then. a small university of people who had access to draft opinions like that. and many of them have left the court by this point. so it's going to be hard for the chief justice to track them down now. >> nicole: i think they said 70 people so hopefully they could narrow it down. thank you so much carrie severino. >> thanks. >> nicole: former house speaker newt gingrich joint us next hour

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♪ ♪ ♪ ♪ ["jump" by van halen] >> we are jumping right into the new year! look at that move.

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