for governing america and how to move forward. we don't do it behind closed doors, pay people off, something we saw under nancy pelosi regime that made people not have a voice. we will have more voice than any time we've seen since founding of the republic. >> ashley: mccarthy thinks he has a chance, but he is losing votes, indiana explained, what did you think when you saw the one present vote? >> this is an opportunity for folks to put pressure on the entire conference. if we get to a point more and more know ares are voting present, we put ourselves in jeopardy the democrats could take control or even bleed out votes. i don't think anybody wants that to upon ha. whatip did see last night, republicans almost collectively

joined toward and moved to have an opportunity to sit down and have difficult in-house conversations on what people want. coming out of that, we felt we had a lot of agreement on 99% of the issues, a couple of 1% items that will continue to be discussed, but this is how legislation works and how leaders are elected. military guy in the freshman class, it is important we pragmatic about getting results, result here is the speaker is one person of a body of 434. we're committed to being able to move forward agenda that helps the american people and gets us on the same page. >> ashley: i don't think anybody disagrees healthy conversation is needed and they have known this is coming for a couple months, maybe this should have been hashed out a couple months

ago. zach nunn, thank you for getting up with us. >> todd: thank you for your service. >> ashley: the man accused of murdering four university of idaho students. >> todd: the fbi was on to him weeks before his arrest. brooke singman joins us. >> brooke: bryan kohberger is expected to face murder charges. video shows the suspect landing in pullman before being taken to moscow, idaho. we are seeing brand-new mug shots of bryan kohberger as he awaits his day in court. he's been in custody since december 30th. one female inmate claims the murder suspect was taunting guards singing rap songs and even attempting to expose himself. she claims bryan kohberger

threatened the guards yelling, you should be scared of me, i'm going to cut all of you up. come into this cell and i will show you i'm a creeper. this as we learn details of what happened during the two traffic stops in indiana while making the journey from idaho to pennsylvania with his dad. the fbi had a surveillance team tracking the murder suspect on the entire journey, directing indiana state police to pullover bryan kohberger and get video images of his hands. >> i'm having a hard time hearing you because of traffic, you are coming from washington state and going where? > >>-- >> brooke: the fbi says it played a key role in his arrest. >> ashley: thank you, cincinnati bengals revealing what he shared with sean mcdermott after damar

hamlin collapse in his first presser since the accident. listen to this. >> when i got over there, first thing he said, i need to be at the hospital with damar hamlin and i shouldn't be coaching thisim game. at that points, the right decisions were made there. >> todd: former nfl player joins us now. chris, what is your reaction to that conversation zac taylor referenced? >> it was a practical, right conversation to have. fragility of well life was put on display for the world, we all saw how in an instant we can go from what mattered most to what mattered least, which is the game. coaches realized that, players realized that and all decisions were the right decisions and look at the way everything

orchestrated from the way the athletic trainers responded to the crisis on the sideline to way the decisions were made. i think there is noise around how quickly things happened, the game should not have been played, the players rallied in the right way and in the end, the right decisions were made and i think it was the way it should have played out and we just hope and pray damar hamlin pulls through as he's indicated he is. >> ashley: as a former pro football player like yourself, any protocol for this? there is protocol for concussions, do they tell you guys ahead of time or before the season started or anything like that, what the situation would be like if someone did go into cardiac arrest? >> no. i don't know if there is anything new put out there, this is uncharted territory.

i've been on the field for pretty bad injuries, broken bones, head injuries, but absolutely nothing like this and the shock and awethat comes from collapse and cardiac event is something very few athletes are faced with, this is a rare event, certainly in this sport. this is not a rare event overall, in fact, over 23,000 youth athletes actually suffer from sudden cardiac arrest every year and when you think about the equipment that was available, aed, athletic trainers, just those two components are not available at the high school level across the country. what is most important here, we just saw on display what can happen when the right things are in place and i think the nfl has

unique platform to be the model and help teams and 23,000 kids that can go through this to put the right systems in place and be the model for excellence in how we should respond to these types of events. >> todd: there was a 12-year-old boy who got hit with a baseball and died from this, assuming this is what struck the buffalo bills player and think about the medical resources at little league baseball game. if somebody's dad is a doctor or nurse, maybe there is somebody there, but not same response you see at an nfl game. who knows if this is a wake-up call for high school and college sports and all sports in general. chris valletta, thank you for joining us. president biden pushing for a new regulation that farmers and

ranchers believe threaten their business and food security for all americans. >> ashley: talking with the national black farmers association president john boyd jr. next. my active psoriatic arthritis can slow me down. ♪ skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and skyrizi is just 4 doses a year after two starter doses. skyrizi attaches to and reduces a source of excess inflammation that can lead to skin and joint symptoms. with skyrizi, 90% clearer skin and less joint pain is possible. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. with skyrizi, there's nothing like the feeling of improving my skin and joints...

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>> ashley: california declares a state of emergency, torrential downpours, the storm causing several trees to fall throughout the golden state. emergency crews are working to clear downed trees and other damage. >> todd: residents on the west coast waking up without power. senior meteorologist janice dean. what a mess. >> janice: we are in the thick of it, we have area of low pressure, very strong system that continues to entinsifiy as it moves toward coast and brings incredible amount of rain and wind along coast of california and inland. you see the rain in the bay area and this is a big concern we're talking about inches of rain and short period of time relatively

thinking and winds continue to push that water from the pacific inland. flash flood threat likely in a lot of areas across california. we haven't talked about southern california going to get hit hard by several inches of rain heading into friday and the weekend. future track, first batch moves in and second one on friday that continues to push inland and your rain forecast in the next seven days five to eight inches in some areas and stretches toward southern california, rain forecast for socal, including los angeles on cusp of two to three inches of rainfall and that doesn't look like a lot of rain, for desert areas that will cause flash flooding and snow pack, feet of snow for the sierra, nevada, crossing into the rockies. eastern warmth, been incredibly warm from gulf coast to the east

coast and that warm air will hang in. we are in january, yesterday was like 66 in new york city. >> ashley: is this typical? >> janice: it is not. nothing is typical happening on the map. >> todd: i brought my trash can to the curb and came back sweating. >> janice: temperatures will go down a bit, still warmer than average. foxweather.com. >> todd: america's farmers and ranchers are urging the biden administration to reverse recent change they made to the clean water act. they are worried it is putting burden on their ability to do more. zippy duvalsaying farmers and ranchers share goal of protecting the nation's waterways, they deserve rules that do not require lawyers. john boyd joins us now.

what is this action by the biden administration mean for the average farmer? >> you know, it is more of the same, farmers were not at the table when biden administration continued to put this out. they want us to go by rules and regulations. old saying among aft farmers, the land knows no color, it didn't mistreat anybody. my dad would say, take care of the land issue the land will take care of you. farmers know how to take care of waterways and don't need policy to do that. for attorneys and consult not notas and all these things. we are inputting more food in this country than we are exporting and we're not investing in small-scale farmers and infrastructure for america's farmers. i believe administration got it

wrong and they need to come back to the table and work with america's farmers so they can help create policies that we need to help better us on our farms. >> todd: how much harder for farmers to water their crops? >> yes, that is what is going on, american farmers are struggling and we are looking for debt relief that the biden administration didn't deliver on. there hasn't been a meeting as relates to the rule with the epa administrator, with the agriculture secretary and hasn't been a meeting since i've been asking for it on your show, after he committed to do that. you have to honor your word, bring farmers to the table to be a part of these rules and laws that are supposed to governor our farms, be a part of that discussion. >> todd: when you talk about hiring attorneys, you are talking about increase in cost

and then if you need to import water, that is further cost. will costs caused by the move by biden administration, force family farms to close? >> i think what happens here is the farmers themselves can't figure out the gray area in the actual laws, that is problematic and we have to seek out consult notas andern tas and that is more money leaving our bottom line from our farming operation. the government, epa should be helping us sustain and stay on farms rather than put polish in place that will cost more grief and more money. again, farmers know how to respect creeks and waterways, things my forefathers taught me early on, thomas boyd and john boyd sr., respect the land and the land will take care of me and we don't need to be told how

to do that. >> todd: water rights is a huge issue and continues pattern by left of preventing farmers from getting water to grow crops, that seems like fourth grade life science, you need water to grow not plas and food and biden administration is making it more difficult, is not right. thank you, we appreciate it. president biden saying something border agents and states have been waiting to hear for a while during the last two years of total chaos. >> are you going to visit the border when you head to mexico? >> that is my intention, working on details now. >> ashley: brandon judd is here next.

>> todd: we are back with crisis

at the southern border. border patrols a suspect drove a roller across a highway and running out of fuel, he's still on the loose. del rio sector has seen 90,000 border encounters, those are the ones reported. >> ashley: president biden says he will visit the border during his trip to mexico next week. >> will you visit the border when you head to mexico? >> that is my intention, working on details now. >> ashley: brandon judd joins me now. everyone has been pressing him to get to the border, what did you make of him making that announcement yesterday? >> i wish he was coming because he wanted solutions, we've seen from his two press secretaries, going back to jen psaki, we know why he's coming to the border.

he's coming because your network has put pressure on him and now there are democrat lawmakers putting pressure on him. there are elected officials putting pressure on him, eric adams, and governor of colorado now. that is only reason he's coming to the border, he's not looking for solutions. learn to what jen psaki has said and karine jean-pierre has said, he will come here, deflect and blame others and not come up with solutions. he's doing it because he is being forced to. >> ashley: december 6, he said there are more important things to be done and several months ago, the press secretary echoed the same thing. talk about the timing of this announcement, do you think it is odd this is happening as the gop is supposed to be taking over the house? >> no, i don't think it is odd, there is going to be

investigations, they are going to have oversight and hearings on this specific issue, so he is being put in a situation where he's got to do something, whether that is political rhetoric or come up with solutions. he knows what the solutions are, this is like a light switch. if he puts proper policy on operation in place, get this under control tomorrow. he's refused to do that, two years in the running now and we continue to see chaos caused by him and he has no desire to fix it as it is today. >> ashley: yesterday mayorkas did admit that the border system was strained and blamed congress for not acting and he said they were ready for title 42 to end. what do you think about those comments? >> yeah, that is not why we have a president of the united states, not so he can blame other people.

we have a president so they can come up with solutions, that is why we election people, there are solutions, if congress fails to acts, the president has authority in his hands, he can come in and do certain things, we saw with president trump, trump solved this problem with protocol, he went outside of congress because congress failed to give him what he needed. this president continues to play politics with our lives and doesn't come with solutions necessary. >> ashley: they are ready for title 42 to end, to be honest, i don't think anyone is ready to see title 42 end, when you hear them say that and blame congress, are they just deflecting? it is clear they know what is going on based off reports of that book coming out that the president is basically throwing a fit in the white house talking about this.

>> from a law enforcement stand standpoints, it is monstrous to hear the president deflect or lie to the american people. the border is broken, even under title 42, he is expelling a third of the people and that is drawing people to continue to come. if we were using title 42 properly, we wouldn't see these numbers, but once it goes away, it will get worse, we can't deal with what we're seeing and it gets worse, we'll not have agents on the border. more u.s. citizens will lose their life because of fentanyl overdose and drugs that pour in because we don't have resources patrolling the border we need now. >> ashley: talking about you mention colorado governor sending migrants and same mainstream media that slammed --

zero minutes covered on abc, cbs, i will say governor abbott is slamming them, as well, staying consistent on that. your thoughts on tsituation? >> it makes us sick to see the mainstream media continues to give cover to this administration and white house, they don't call him out whether on the border, foreign policy, economic issues, they continue to give him cover. when they give him cover, he feels embolden like he doesn't have to do anything. we have to have pressure watch dogs that step up to hold politics accountable, if we don't, they will not do what is right. you see governor of colorado realizing he doesn't have resources and can't deal with influx. if this was legal immigration, nobody would have a problem, these people are not fleeing

countries for asylum purposes. they are not in fear of persecution, they are coming for economicen ras and it is violation of law and our states just can't do what is necessary to control this flow, that is why governor abbott has done what he's done and he's done more than any other governor in the united states to deal with this issue and it shouldn't be on him, shouldn't be on the shoulders of the colorado governor, it should be on the federal government. biden is mia. >> ashley: brandon judd, appreciate you getting up with us, thank you. and did you hear this oddly timed comment from joy behar? >> heterosexual men -- and conservatives more likely to support youth tackle football, just saying. >> todd: so classy. asking beverly hallberg what she

thinks about that next. ♪ [acoustic soul music throughout] ♪ ♪ [acoustic soul music throughout] ♪ ♪ [acoustic soul music throughout] ♪

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heterosexual men voted most support for kids doing football and conservatives more likely to support youth tackle football. just saying. >> todd: beverly hallberg here to react. so many are coming together in support of this young man in unity of our great country, is that the worst joy behar take to date? >> i don't know, there is a lot to choose from, you are right, we are united and supportive of damar hamlin and only took two days for joy behar to turn that political. i take issue with her polling data as a whole. as a female who loves nfl, there was a recent sports poll that showed 44% of the sports base is women and a lot of women love

the nfl, as well. i think what this comes down to is joy behar has to make everything about politics issue including what i think she dislikes, what she views is nfl has toxic masculinity. >> ashley: why take the time like todd said, right now to politicize this, just because it is a talking point and she has to say something to fill time? >> i have a feeling she is not an nfl fan, doesn't have a lot to say on the topic. she makes everything about politics, this is not surprising. think about the nfl and controversy that happened in the past few years, many on the left disdain the sport. it is based on competition, there are winners and losers, they don't want that type of play and society where there are losers and winners. families get around and watch games each week and this is a key point, national anthem is

sung and you often have many players kneeling in prayer individually or together. the fact it is ep stereoed in tradition that families love it, i think that is something many on the left are trying to tear down. >> todd: i think you nailed it, why so many on the left your joy behars, want to tear down tradition that make america what we are? >> so many of us are trying to escape, not just politics, hard issues of the day. we've talked about inflation and how people are struggling to make ends meet, having football, time to escape and spend with family. over the holiday, it is the nfl or college football, so many families got together to celebrate and watch. it is something we can all do together. in addition to this and tearing down something traditional, having to recognize there are differences between men and women, only men play the sport.

plenty women are involved with the nfl as a whole on some officiating and some teams have women coaches, those who help on the sidelines, but there is a difference between men and women physically and that is not something the left wants to admit. whether the nfl or other sports where only men play, i think you will see more sports attacked. >> ashley: sunny was sitting there agreeing and i think i heard whoopi agree when she started talking about the conservative men basically being the most in favor of this, do you think people who watch "the view" agree with this notion they are saying? i know a lot of liberal women who love football. surely they did not agree with this. >> absolutely and yes, it is true the southern states do lean conservative. when you look at the nfl, it is

popular in many states whether red or blue. i think what "the view" has become issue not something a lot of people watch live, comes down to clips that go viral. many on the left and right are rewarded when they go viral for saying things that can be controversial. the view fits that mold, none of us watch "the view," i feel sad for those that have to sit through some of this echo-chamber group speak and group think that they have. it is we see in viral videos and i think that is how they get a lot of marketing, the fact they say crazy things. >> todd: sure. beverly hallberg right on every point, maybe you should be the next speaker. thank you. turning to the funeral for pope emeritus benedict xvi, the service wrapping up earlier this morning on steps of st. peters basilica. pope francis concluded his

homily with mess an he referenced his predecessor by name. >> benedict, may your joy be complete as you hear his voice now and forever. >> ashley: pope benedict will be buried under st. peters basilica, he was 95 years old. did you hear the president say this? >> over 140 countries around the world, paraphrase the rest of the country is not a patch in our jeans? >> todd: sure, tale as old as time, jimmy failla, he says it every time i see him, he is here to explain more on this insanity next. i've always had trouble falling asleep and staying asleep, you know, insomnia. but then, i found quviviq, an fda approved medication for adults with insomnia. and i'm glad i found it. you wouldn't believe some of the things people suggested

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>> todd: president biden keeping us his strong tradition of making confusing comments during his visit to a kentucky bridge. watch this, guys. >> president biden: i have never been more optimistic than i am today, never, never. i've traveled over 140 countries around the world, paraphrase the phrase of my old neighborhood,

rest of the world is not a patch in our jeans, we do what we want to do and need to do. >> ashley: jimmy failla, host of fox news radio joins us now. i asked the producer during the break, is this an old-time saying i have never heard. no. >> if you look closely at the bridge, you see the sign language interpretser jumping off. he looks bad at his job because he has to say to his people and they look at him like what is this. you have to realize when biden speaks, it is like a lottery drawing, the balls are just bouncing around, seven, 13, words pop up, dog patch, jean, we laugh at it, the rest of the world does not pretend, in the

loop on the fact engine is running and nobody behind the whole. >> not laughing either. >> laugh and cry, ramifications are huge. what he meant is joe biden himself, take a listen. >> tim ryan said he doesn't want you there, raphael warnock wouldn't say, are they making mistake? >> no, a -- another 20 or so. >> todd: did that clear it up for you? >> i feel better now. you really could get rich selling a biden english dictionary. the thing with the patch, when he does this, he sells on the front saying, you heard this one before, like he is about to sing hits, this is from sergeant pepper and you hear wings that never made the studio. >> todd: is this phrase corn pop used? >> he was a bad dude, if anyone

wore ripped jeans, it was corn pop, i don't know if he patched them. this is horrifying, have you never heard that phrase? you have never heard it. >> todd: internet search, it does not pop up. >> i exhausted google yesterday and i put google through a lot. i got to delete my search history. >> ashley: gop congresswoman elect kat cammack accuses them of drinking during speaker vote. >> they want us divided, want us to fight each other, that has been made clear by the popcorn, blankets and chi alcohol that i coming over there. the house is not in order. >> ashley: it kept going and they got so mad over that, aoc at one point said she wished she was drinking in a tweet.

if demes took a shot, we would be unconscious by now, why the uproar and scene? >> she was trying to be funny like kat cammack is a character and she was trying to have a good time in the moment. all prim and proper, how dare say i drink. i got to go, my kid is going to a drag show. they are not the morality police, i found that laughable. republicans are pressuring themselves to wrap up because democrats are calling us unorganized. who cares what the democrats think. i love this is dragging on forever. >> todd: interesting. why? >> first of all, why, because i don't consider this embarrassing compared to the state of the country under democrats. the border is embarrassing, inflation is embarrassing, they are not running the country into

the ground, they are just dragging out the process. i think it is embarrassing in the last 100 years we didn't make leadership get held to this standard. let them rip, tell drinking jokes, kat cammack, different material. >> todd: i think aoc comedy is getting better, it is improving slightly. we lost shame and etiquette from our society, why not have be ms of congress get turnout in the halls? >> settle this with a game of yo mama, that is where it is heading. >> todd: lead the charge. >> ashley: i can't sit between you guys anymore. >> come on, stro. >> todd: fa, that doesn't work. jimmy failla. it has not been a party for republicans who will try for a third straight day to get votes and elect a speaker.

we're talking to carlos jiminez. >> ashley: talking to brian. >> brian: six strikes and you are not out, kevin mccarthy failing to become house speaker and congress will convene at noon. talking were going on behind the scenes, see if they result in progress, this seems to be the same movie over and over again. idaho murder suspect bryan kohberger now back in moscow to face charges in connection with killing of four college students, new details released on how surveillance. now members of the cincinnati bengals detailing what it was like the moment after the collapse, also, will they play that game? congressman-election jim banks will be here live and ryan, will he budge off the kevin train? they will join us and nancy

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>> todd: we are back with a fox news alert. three days in the new congress, still no speaker of the house. the lower chamber will convene later today to elect a speaker despite two days and six failed votes. republican leader kevin mccarthy remaining hopeful. >> i felt as though we had very good discussion. being able to do that vote that the discussions are going well. >> but, 21 g.o.p. lawmakers are not backing mccarthy's bid currently for the speaker's gavel. >> they insist he is the wrong person for the job. but the vast majority of republicans are standing by mccarthy. >> kevin mccarthy didn't want to listen to us until his disappointing midterm. we all want a unified party.

>> i feel like we have forward momentum on this. i think mccarthy is going to continue to push forward on this. i'm very focused on who is going to be able to deliver objectively a plan moving forward, whoever that speaker may be. >> remember, the house cannot begin its work until members vote and elect a speaker. the longer republicans take to do this, the longer their agenda stalls. and we are going to bring in florida congressman carlos gimenez, a member of the house homeland security committee. thank you for being with us this morning. you are a strong supporter of mccarthy, but, if you are trying to convince one of these 21 people who are not vetting for him, what would you tell them that his credentials for speaker are? what specifically makes him the right person in your eyes? >> well, first of all, he was the architect of our commitment to america. just about everything that they say that they want is in the commitment to america reduce government spending, securing the border. energy independence, parental bill of rights.

and then accountability by the biden administration, investigations of what the biden administration has been doing. and of joe biden and his family businesses themself. all of that is in the commitment to america. everything that you have asked for is there. we can't get on with our business until we get a speaker. and, yes, i am committed to kevin mccarthy as long as it takes and as long as he is running for speaker of the house of representatives, i will be supporting kevin mccarthy. >> todd: i pressed your fellow congressman elect an hour ago literally as we speak over the course of the midnight hours. overnight while it's dark out. i'll press you again. any truth to the rumors going on behind the scenes right now mccarthy is getting the votes to put him over the top today? >> well, again, those are rumors. i don't have any personal knowledge of it. i hope that he does. i hope that, you know, the 20 or so members that are holding out come, you know, come to our

side. obviously, they're the great minority. they are only 10% of our confidence. the other 90% are solidly behind kevin mccarthy. we need to get on with the business of helping america restoring faith in government and we can't do that until we get a speaker. 90% of this conference wants kevin mccarthy to be the speaker. if you're really a team player, let's get on board and roll in the same direction and start working for america. >> ashley: we just heard that soundbite from boebert she said kevin mccarthy didn't even want to listen to us until his, quote, disappointing midterms. should mccarthy take some of the blame here because according to them he just kind of shoved them to the side because he thought he had the votes. we have known this was coming for two month now. >> i don't believe that's true. we have a process. our leader and our conference works in a certain way. they listen to every single member. no members should have special consideration because they're upset about something. there's a process for that.

i don't get everything that i want. but i'm also part of a team, i'm parts of the republican team. and we need to get on with the business of america. no, i don't lead any credence to that nobody should have any special treatment and nobody should be treated differently than anybody else. she somehow gets to have his ear for something, you know, i just don't believe that's true. i certainly don't believe that's fair. >> ashley: you don't think any of the blame falls on mccarthy? >> i really don't. i think there were some people that really have -- either like the chaos or they just don't like ke kevin mccarthy. look, he has given a lot into these -- to the 20 or so. a lot of demands. they have been given -- he has apparently given concessions to them. concessions that, frankly, the rest of us weren't looking for or asking for. and so i think that he has gone above and beyond to try to, you know, close this deal, and we're willing to go along with him

because we need to have a speaker. we need to get to start to work. and we can't do that until we elect a speaker. >> todd: competing narratives over this entire process on the optics of it. literally over the last 24 hours. many calling it a disaster for republicans saying these people are just grandstanding. others celebrating the thoroughness of the process saying this is supposed to happen. >> the thoroughness of the process is before all of this started. we had votes on rules. we had votes. we have a process of how somebody gets on a committee. and so, that's the thoroughness of the process. and then we had an election and where we chose our leader. and by 90%, kevin mccarthy was chosen fair and square as our leader. and if you don't like the results, well, are you really a republican? are you part of this team? i hope that they come around, that they say hey, they are republicans. they are part of this team. come on back. let's elect kevin mccarthy as our speaker and let's get to

work. that's what we really need to do. >> ashley: six votes total between the two games and he has lost all of those. we'll see how today pans out but we do appreciate your time this morning. we know you are busy right now. congressman elect carlos gimenez. thank you very much. >> todd: with that, fox and friends right now. ♪ ♪ battle for speaker continues. >> congressman elect kevin mccarthy appears no closer conservatives refuse to back him. >> this is all about defending american people against the swamp. we have made progress but we have a long way to go. >> the man accused of murdering four university of idaho students now back on the west coast. had a surveillance team tracking the murder suspect making the cross-country journey to pennsylvania with his dad. >> that's my intention. we are working on the details now. >>