>> all right, time for the chant to uplift pete's spirits today. it's been rough for you, brother. >> see you in august. >> she said i'm right. even though she lived in minneapolis, she does not -- >> have a good monday, everybody. >> dana: we begin with a black eye for the biden administration. lawyers finding more classified documents at the president's home. this after the white house says the search was complete. good morning, i'm dana perino. bill is off today. good morning my friend, mike. >> always a pleasure to work with you. i'm mike emanuel. "america's newsroom." critics accusing the white house of a lack of transparency over classified documents case the subject of a special counsel investigation. there are a lot of moving parts. here is what we know. >> dana: november 2nd, the president's aides found

classified documents in a closet at the biden penn think-tank in washington. that was days before the mid-terms. but that story was kept under wraps. >> november 14th garland appointed a u.s. attorney to look at the case. december 20th president attorney's found another batch of document. these pages stored in his garage and home in delaware. >> dana: the story broke on january 9th. additional document was found three days later. that same day, the attorney general appointed a special counsel. two days after that, even more documents surfaced in wilmington. >> the drip drawing criticism from both sides of the aisle. take a look. >> well just shows the hypocrisy and why the american public doesn't trust their government. we find time and again a locked garage door that opens and closes by a push of the button, who has been in and out of there? >> i know exactly what president biden said when he was informed these documents were found in

his office in washington. that was an oh, followed by a four letter expletive. it is an embarrassment, no doubt. >> important for us to understand the potential damage these documents and these documents being available may have caused to the american security. >> i'm glad that there is a special prosecutor that's been appointed. any time there is a deefsh analitys in regard to security protocols should be investigated. i-tim scott is here with reaction. peter doocy is standing by at the white house. >> news this morning. we're learning there are no visitor logs chronicling who comes and goes from the president's house in wilmington. the counsel's office is telling me like every president in modern history, a personal residence is personal.

they make the distinction that unlike the previous administration, the trump administration, they're committed at the white house to being transparent about white house visitor logs. in terms of what republicans on the hill are asking for, a record of who may have been in the wilmington residence and potentially had access to the areas where the documents were found, it does not appear that exists. it would have to be done it sounds like retroactively. it won't -- the oversight committee chairman who wrote to ron klain to say. given the serious national security implications the white house must provide the wilmington residence's visitor log. we asked the press secretary about this on thursday. >> when will the white house release a log of visitors to the wilmington house? >> you know, peter, you have

asked this question or colleagues have asked this question before. let's not forget what we did here in the white house. we instituted the something the last administration got rid of. putting out the white house -- making sure there was a white house log. >> on saturday the latest disclosure about more documents that was more than a day after we were told the white house was being transparent and two days after officials assured us they were done looking. >> we're not avoiding anything here. we have been transparent in the last couple of days. the search is clearly complete. >> well, we do have this. the president's personal attorney is explaining the gaps in finding things and going public with them. he says the president's personal attorneys attempted to balance the importance of public transparency where appropriate with the established norms and limitations necessary to protect the investigation's integrity.

these considerations requiring avoiding the public release of detail relative to the investigation while it is ongoing. the newest part today i asked the white house counsel official if visitor log at wilmington is something that exists. we're told that it is not, dana. >> dana: peter doocy, thank you so much. joining me now is senator tim scott, republican of south carolina. over the weekend more documents were found. shaking your head. i assume you imagine what would happen to you or one of your staffers who mishandled classified information. >> absolutely. first thing we should think how obnoxious are they really? the truth is they suppressed the information before the election so it wouldn't have impact during the election. that sounds like engineering. the stench of hypocrisy coming from this administration is making the american people sick and why we have so little confidence in this

administration and in government overall. i can't imagine this double standard in the justice system being applied omlk day to black folks versus white folks. how they treat their friends or themselves. we can't have a two-teared justice system in america. >> dana: trey gowdy is now a colleague of ours talked about this last night from a federal prosecute or level. >> do not be misled. the media wants to look at the differences and ignore the similarity. the question is whether those differences matter. legal or factually. do the distinctions make a difference? it would be nice if politics did not minimize the conduct of friends while maximizing the conduct of opponents. >> dana: your thought there and

whether you think -- any reaction to fox being told by the white house that there are no visitor logs at the private residence in wilmington at the biden's home. >> the national media have lost their minds. had the name been trump and not biden on the logs. can you imagine what trey just said? minimizing the consequences for your friends and maximizing the consequence for your enemies or for your political opponents. that is a clear statement and why i said we can't have a two-tiered justice system. it just doesn't work. what we're seeing today is a loss of trust in the american government because americans want one justice system that is fair and the president of this united states is not providing that. he is picking and choosing winners and losers based on which side of the aisle you're on. >> dana: just to be clear i'm not sure if visitor logs exist at former president trump's

residence as well. i would need to check on that just to make clear for everybody. as we saw there are democrats who are blasting this decision as well and we'll see what it goes. it is a holiday today. i don't know if there will be a white house briefing. no doubt questions sent to the white house press office. we'll see in any are answered. i want to get your reflections today on martin luther king day. last year i read your book which was so good and moving and you talked about how you still believe and the wonderful big hope and dream of america. do you feel that way today? what would you say to people who are remarking on the legacy of martin luther king junior? >> the first thing i would say to our listeners and viewers today is to be very proud of your country. be even more proud of the progress that your country has made in the last 50 years. think about the dream and the speech itself. he said all of god's children

will one day join hands and sing with new meaning my country 'tis of thee, sweet land of liberty. we are living that part of the dream. black people, white people today are joining hands and living the american dream. that is a blessing from god upon high. it is something that should encourage us to move into the future with hope and optimism and the resolve to continue to make progress on the dream. here is what we need to be doing today. we should be talking about opportunity and not equity. we should be focusing our attention on the quality of the education and the poorest zip codes in the country because education is the civil rights issue of our era. in 2023 it is not the color of your skin, it is how well you are educated. that will make the difference in your life. >> dana: one last question on specific question that education in this country across the board in many places is suffering. american children are not being

taught what they need in order to compete in the future to have -- to be in a position to take advantage of the opportunities afforded to them. as a last question, what is something you think can happen this year from your perspective in the senate that could make a big difference for kids and their parents in education? >> the biden administration has decided to stop allowing charter schools to grow across this country. having charter schools grow across this country is what we need. i brought success academy kids to the new york stock exchange to ring the closing bell. those kids are out performing kids throughout the state because they have quality education. charter schools by and large work. we need more, not less. the biden administration has decided to turn charter schools down. >> dana: as this congress gets going we'll see how the debate heats up. thank you senator scott for joining us this morning. have a great day. >> thank you.

>> undermined and we don't deserve this. and the people who live in this city don't deserve this. we expect more from our national leaders to address this issue in a real way. >> eric adams demanding action from the federal government as the migrant crisis at the southern border spreads to the rest of the country. the democrat traveled to el paso, texas over the weekend to assess the situation there in person. david lee miller is live in new york city with more. good morning, david lee. >> good morning. new york city mayor eric adams is ringing the alarm bell. who will respond? the mayor wants the biden administration to direct fema to step up and address the crisis. the city is at the breaking point and unable to continue sheltering asylum seekers. more than 400 people are

arriving each day. since last spring 40,000 arrived in need of fooding housing and support services. he saw for himself where the migrants enter the country. he criticized greg abbott and colorado governor for busing migrants for new york city and many migrants believe that new york city streets are paefshd with gold. he was in a joint conference and said help is needed from washington. >> i stand here next to my brother mayor and state we are not pointing the finger at el paso, we're not pointing the finger at houston but where it should be pointed, our national government. this is a national problem. we must have real immigration reform. >> the mayor is asking new york state for help and governor kathy hochul said the state will continue to give the city assistance. adams will travel to washington

to speak at the u.s. conference of mayors expected to ask for a united effort to deal with the migrant crisis and estimates new york's tab for the crisis is $2 billion. >> david lee, many thanks. >> dana: what could be a stunning new development in idaho murder case. why the target victim and suspect in the quadruple may not be who he thought it was. a cloud of doubt over the effectiveness of covid boosters. what does the data show? marc siegel will explain. a university of alabama basketball player arrested and charged with capital murder of a 23-year-old woman. the shocking details straight ahead. you see, son, with a little elbow grease, you can do just about anything. thanks, dad. that's right, robert.

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>> mike: a plyer for the university of alabama men's basketball team arrested for murder. miles can be seen in tears as police lead him away after he and another man were charged in the death of 23-year-old woman sunday morning. police say the to suspects shot up the car the victim was sitting in. steve harrigan joins us live with more. good morning, steve. >> good morning. this capital murder charge is because the shots were fired into a vehicle. that could be a very big deal because in alabama that could mean the death penalty. this is a 21-year-old player for the university of alabama as well as a second man as well, he is accused of shooting into a vehicle and killing 23-year-old harris. this shooting occurred at 2:00 a.m. sunday.

palm is say the two groups were on the strip. a group of students near the university. a minor disagreement and somehow a short time later the groups were in their vehicles and exchanged gunfire back and forth. this is what the police captain had to say. >> that vehicle in addition to the driver contained the deceased female that had been shot. the vehicle was shot into and he returned fire and believed he might have struck a suspect. >> miles and the other suspect now being held without bond. when he was walked into the jail miles was crying. he was a reserve forward on the alabama basketball team averaging a point and a half a game from washington, d.c. he has been officially kicked off the team and his entire record scrubbed from the university website. mike, back to you. >> mike: thanks very much. dana. >> dana: tragic news out of college football. police are investigating a car

crash that killed university of georgia offensive linemen and a team staff member. the crash happened early sunday morning just hours after the team celebrated the bulldogs national title with their fans in athens. 20-year-old willic, a new jersey native, played in all 15 games for georgia last season. 24-year-old lacroix was a recruiting analyst for the bulldogs. >> mike: key advisor to the vaccine panel questioning whether more covid booster shots are necessary for younger people. a pediatrician leading vaccine and infectious disease experts writes that evidence for the new versions of the vaccines for the omicron variant are underwobbling and fail to show they're better than the original shots. dr. marc siegel joins us now. good morning. >> good morning, how are you?

>> mike: great to have you. want to go with a quote that the doctor wrote about this saying in the "new england journal of medicine." we should stop trying to prevent all symptomatic infections in young people by boosting them contained mrna from strains that might disappear a few months later. is he correct? >> i talked to him about this on the radio on friday. what he is saying is by the time we reach one sub variant another one has emerged like the one right now that the shot doesn't really cover or isn't targeting. he thinks we should end up with a vaccine in the future that covers almost all variants. that's the direction of research or nasal vaccine is what he is trying to point out. is it better or worse than the previous one? he thinks it is slightly better, not worse and thinks its very safe. scripps puts together a bunch of

studies show it is markedly better. there is a disagreement within the medical community about this. this is where everyone agrees. who should get the booster is the question. when it comes to long covid the risks of long covid if you got a couple shots on board and you are a young person a study from italy doesn't show that adding booster after booster decrease ohs your risk of long covid. the population we're targeting here and everyone agrees is people that are older, people with chronic health conditions, people who are obese, people with diabetes, heart disease and lung disease who haven't had any immunity whatsoever in the past several months. that's the group. those over 65 and those with chronic health problems. that's what we have to go for and what he is saying. he is okay with the booster. doesn't think it adds much. >> mike: i want to get tatty

issue of covid fatalities and the count. a contributor for cnn and the "washington post" writing in the "washington post" quote, we're overcounting covid deaths and hospitalizations. that's a problem. she goes further. the united states has experienced 400 covid deaths every day. at that rate there would be nearly 150,000 deaths a year. are these americans dying from covid or with covid? understanding this distinction is crucial to putting the continuing toll of the core own virus? >> "washington post" finally gets around to this. we've been reporting on this for two years on fox already. we've been investigating when you go into the hospital with covid it might not be the ultimate thing that leads to death or severe illness. i also want to point out that with omicron we've been

reporting that it is an upper respiratory infection and doesn't get as deep in the lungs. if you do end up in the hospital you are less likely to end up in the icu on a ventilator. good news. we have tools we didn't have before. paxlovid has slowed it so people don't end up in the icu. i don't think her source is right that we should equate whether somebody goes on steroids whether covid causes it. it might be a contributing factor. it may not be the cause of hospitalization, may not be the cause of death but we shouldn't discount it. one final thing since it's martin luther king day i want to point out the hospitalization and death rate among deaths is twice what it is among non-african-americans, have to focus on that group. >> mike: thrilled to have you today. thank you so much.

>> dana: more on the world health organization urging china to release more information about its covid cases over it reported 60,000 deaths when the government abandoned its 0 covid policy. following weeks of unprecedented protests across the country. china still faces growing criticism for not providing reliable data on the extent of the coronavirus outbreak and many countries have imposed travel restrictions on visitors from there. >> mike: the hunter biden investigation continues to dog the white house as news out lets appear to be down playing the story. "new york post" john levine on that and more details in the disappearance of a massachusetts woman who vanished without a trace two weeks ago. the evidence against her husband is mounting, according to investigators. you as a veteran is the eligibility

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bryan kohberger may have been driven to kill by his social awkwardness. he says a continued stabbing of a victim indicates an uncontrollable rage and extreme anger. bryan is socially awkward and had interpersonal problem and may have developed an incel complex. involuntary celebrate commonly used to describe men who struggle to establish romantic relationships amid a shocking report that the victim kaylee gonzalez had moved out of the house but was there the night of the killings to visit madison, her friend. she was set to graduate early and move to texas for a great new job. >> do you believe anna is alive or dead now that you know what you know? >> one in a million chance, ana is driven and independent. she would find a way to reach

out to people if something would happen to her. it is unfortunately look dim and dark. >> mike: friends of the massachusetts mother losing hope as the search for her enters its second week. bryan llenas is live in the la latest in the family's hometown of cohasset. massachusetts. >> the head of security of ana walshe's employer in washington, d.c. called january 4th to alert police she did not show up for work and her husband, bryan walshe had not yet filed a missing persons report three days after she was last seen at her massachusetts home. bryan is in police custody charged with misleading investigators to his whereabouts pertaining to the disappearance of his wife. 15 days since ana's disappearance the evidence of wrongdoing is substantial. reported internet searches how to dispose of a woman's body. blood found in a damaged knife

with blood found in the family basement and a hatchet, hacksaw and blood were found in a trash facility. brian was smiling after he was arrested in a 2019 affidavit a friend of the family called him a socio- path. ana said he threatened to hill kehr and a friend. her mother said her daughter begged her to come to the u.s. a week before ana vanished. clearly there were some problems. the friends and tenants of the walshe's said their apartment was sold in december. >> it was a complete 360 and you are stuck in the tornado, what do i do? >> it seemed like she tried to get rid of everything fast. eight days. >> the walshe's sons ages 2, 4

and 6 remain in state custody, mike. >> mike: heartbreaking story live in massachusetts. thanks very much. >> it is not a crime to make money off your last name. >> detail all kinds of crimes. >> let me stop you there. potential. this is -- >> about -- about you don't invite me on to interview in but to argue with me. i'm trying to lay out the facts that certainly senator grassley and i uncovered. they were suppressed and censored and they interfered in the 2020 election. >> dana: chuck todd questioning republican probes into hunter biden. media out lets turning a blind eye to biden family business dealings. we have "new york post" reporter john levine with me now. chuck todd has been covering in

the news. a way he asks questions. let's look back to his questioning of james comer who is a congressman from kentucky. >> tell me how you are going to try to depart sonize an investigation or do you expect it to be partisan. >> i disagree with that. the only people that see this as a partisan investigation are the media and hard core democrats. everything that we have requested we have evidence to back up. >> dana: do you agree with that? >> absolutely. the evidence is there on the hard drive. anyone can look at it. when chuck todd says what crime has been committed here. is it a crime to lie on a federal drug form when you say you are not addicted to drugs when you are. many crimes right on the hard drive you can look at. the stuff like money laundering and violations of the foreign agent registration act that we can't say for sure these crimes

were committed but under investigation. we'll wait and see. crimes were committed. >> dana: do you think -- the white house has already indicated from the counsel's office that the republicans will have to start over on their document request. they'll try to slow walk it for a while. >> they'll drag it out as long as they can, which is their right. the oversight committee knew it would happen. the process will play out. >> dana: another one which is a new committee about -- has the federal government weaponized against the people and a question about f.b.i. communications with twitter. your headline. congressman jordan probed 0 in on f.b.i. communications with twitter. what is happening there? will they have to testify? >> jim jordan will be the busiest man in congress. he runs this committee, judiciary and oversight committee working on the hunter probe. when i spoke to him he said one of the key focuses of the subcommittee hearing on

weaponization of the f.b.i., department of justice is going to be communications between the f.b.i. and twitter in the immediate run-up to the suppression of the post hunter biden laptop reporting specifically an email on the nice of october 13th, house before we went to press when the f.b.i. handler for twitter sent company executives ten documents, encrypted and we can't read them and don't know what they say. it is important. please confirm receipt when you have them. we need to know what they were. >> dana: that committee hearing might reveal that. i want to ask you about this. a new york story with national implications. mayor adams went to the border because he is realizing he has a big problem here and said he wanted to see it for himself. let's watch him here. >> no city deserves what is happening. we must immediately have a short-term fix making sure that the course of this does not fall on our local cities.

we cannot have these disjointed responses. we must have a coordinated response. this is a national emergency and crisis that might be addressed that way. >> dana: he is not wrong there and going to the national conference of mayors meeting on thursday. he might be the mayor that have have to try to lead the federal government forwater. >> new york city is a border town now. we get 400 to 500 my granulitis a day. we had a tent city in manhattan until not that long ago. we're seeing a vindication of governor abbott's tragedy of spreading the pain across the country. mayor adams is actively calling on president biden to come up with a broad solution to the issue. >> dana: we'll see if he has an impact. i will watch that meeting on thursday with great interest. there are a lot of mayors feeling that pain. it will only get worse. it is a monday so we won't talk

about things getting worse. we'll have a great day today. always good to see you. >> mike: a growing number of police officers killed in the line of duty last year. many were ambushed or responding to domestic disturbances. william la jeunesse has more from los angeles. good morning, william. >> good morning. almost one a day, 331 officers were shot last year. 64 died. that's a 21% increase over the average in the last decade. here in california, two deputies from the same department died in the last two weeks, a suspect shot one on friday unprovoked during a child custody call. a week prior a career criminal shot another officers during a traffic stop. a third strike and should be been if prison but twice the judge lowered his bail for release. >> my heart is broken for that family and the community.

the two officers in two weeks is just -- >> so why is it happening? following the death of george floyd and blm protests many denigrated all cops. from calls for prison reform to no cash bail, police say there is no accountability in the system and when there are no consequences for crime there is no respect for the rule of law. >> we have a culture of lawlessness that gripped the country fueled by an open border, activity theist judges, rogue das and a society that tells people you are no longer accountable for your own actions. >> two other things i'm told. lawmakers in many states blame the gun and make it more difficult to own and buy a gun. police say prosecutors are dropped the gun enhancement charges that lead to longer sentences. secondly, prosecutors tell me there is no truth in sentencing. it doesn't help the situation on

the street. >> mike: william la jeunesse, thank you very much. >> dana: russia renews its missile attacks across ukraine over the weekend. dozens of civilian casualties, many more missing. general jack keane on where the war goes from here as we aproper esche -- approach the one year anniversary. two commercial jets narrowly avoid a collision. but at the end of the day, you know you have a team behind you that can help you. not having to worry about the future makes it possible to make the present as best as it can be for everybody. (phil) fifteen years ago, subaru created the share the love event

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>> dana: a near miss at the new york city's john f. kennedy airport as two planes narrowly avoided cashing into each other on the runway. delta flight 1943 was heading to the dominican republic. as it was about to take off

crews noticed the american airlines plane taxiing from an adjacent runway. they slammed the brakes and averted a catastrophe. the faa is investigating. it happened on friday the 13th. >> mike: more people confirmed dead in a russian missile strike saturday. 40 civilians were killed after a rocket hit a residential building. survivors may still be trapped. all this as we approach the one-year mark for the start of the war. let's bring in retired general jack keane. good morning. >> good morning, mike. >> mike: as you look at that devastation my understanding the apartment building had 1700 residents. you would expect the casualty count to soar higher. what does that strike tell you, a strike on a purely civilian

target at this stage of the war? >> this is putin's strategy. we're coming up to a year mark. obviously he tried to take ukraine in a couple of weeks and his campaign failed miserably, miscalculated, underestimated the ukrainians, overestimated his own troops. we know some of the details supporting all of that. what he has resorted to is largely on the ground pretty much conducting a defensive campaign where he is consolidating his forces along a 1300 mile defensive line and conducting limited attacks along that defensive line particularly in the vicinity of and favoring enormous casualties. the ground campaign is stalemated would be the best way to describe it. his air campaign what he resorted to was to destroy the physical infrastructure of ukraine, cripple its economy and

break the will of the ukrainian people. that is what this campaign is about that we're witnessing this weekend. it is horrific in terms of the human tragedy that is taking place here. certainly russia has to be called out for what this is, a bona fide war crime targeting a civilian apartment building. that strategy will continue. mike, it is failing because he is intending to break the will of the ukrainian people and anybody that has been talking to the ukrainian people, i have had the opportunity to do some of that, they are steadfast. their resolve is there. they are in this for the end. that's kind of where we are. what is happening this year, mike, is that the ukrainians have an opportunity to take more territory back. and they need advanced weapons and actually arm or systems to do that. you see some of them coming their way. they need much more of that. i think the united states has to

step up with battle tanks and long-range missiles to give them a hand with this. they really have an opportunity to retake a lot of territory while the russians are focused on defense. that will be this year. if the war gets protracted beyond this year, it starts to swing towards russia because russia has a huge advantage in people. he has mobilized 300,000. we're told he will mobile eyes another 500,000 and grow his military from 1.3 to 2 million. he has the same equipment problems ukraine has in trying to generate. ukraine is dependent on others. the people issue putin believes is in his favor. he can out last the ukrainians on the ground in terms of casualties and also out last the political will of the united states and europeans. that's where we are. it is encouraging the see the europeans continuing to step up

and the united states continuing to step up even though we could do more. >> mike: thanks for your time. have a wonderful day. >> great talking to you. >> dana: more classified documents found at the president's delaware home as the special counsel appointed to investigate biden begins its first full week. the migrant surge at the border hitting epic proportions. on pace to see a quarter million encounters in a single month for the first time in history. big city mayors on the front lines are speaking out. from our heirloom inspired sheets to our super absorbent bath towels, to our 100% cotton quilts. every single piece is made right here in america. we believe in keeping our heritage 100% american made. enjoy our farm to home products and receive

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>> dana: check this out. people are rallying around a chicago bookstore after the co-owner revealed a customer bought $8 hundred worth of books only to return all of them. she tweeted this. turns out one of our biggest sales last month was for the person to stage their home for the holidays and now they want to return them all. please don't do this to small business people. that one sale was a third of our

rent. the story prompting an outpouring of sales and support. here is rebecca reacting to that. >> and then i don't know who picked it up. it went pretty fast. all of them leaving beautiful notes with their purchase of saying like i support you, you think you are great. keep going. screw mean people. >> dana: i wanted to make sure everybody knew about the story of the our audience will feel the same. that should never happen to a small business. >> mike: absolutely. small business is the backbone of the american economy. christmastime i'm sure they were thrilled with the sales and all of a sudden have them returned heartbreaking. >> dana: people are good in the end. >> mike: amen. a case with potentially enormous consequences for social media. supreme court next month will hear a challenge to the sweeping legal immunity that shields internet companies from lawsuits over users' posts. we are joined by kelly o'grady

with more. >> the supreme court is set to hear gonzalez versus google and it is setting up to be a key fight surrounding section 230. it prevents them from being responsible for content you or i post on their platforms. this suit alleges youtube helped turns viewers into the terrorists that committed the isis attack in paris and recommended propaganda and bears responsibility in the deaths. the case is critical because of the precedent. are google and other sites still entitled to section 230 protections? it would undercut the internet saying without section 230 some sets would hurt the economy and leave consumers more harmful online content. ones flooded with objectionable

content. many believe section 230 needs to be revised. >> content moderation is something that we need. the standards should be that section 230 or whatever the law is should be interpreted to permit publication consistent with other laws. >> the supreme court hears the case next month. changing section 230 has bipartisan support. expect this to be only the beginning. >> mike: we'll follow it. thank you very much. >> dana: this is a fox news alert. customs and border protection sources tell fox news the number of december migrant encounters at the u.s. southern border will exceed 250,000 for the first time on record. officials have not yet released the official total. welcome to a new hour of in us news. i'm dana perino, good morning, mike. >> mike: great to be with you. i'm mike emanuel in for bill