if you look at the artist commentary, he kind of did it as a bit of a joke. i'm not sure if the art world is really firing on all cylinders when it comes to this. >> harris: jokes on him if he could make that much money off of it. >> lisa: i don't even like bananas. i wouldn't spend a dollar, little millions. the real hero is artist who was like, i'm going to stick a banana on this and make all this money. kudos to you, my friend. >> what a menacing? i have two artists in my house, i t a 5-year-old named blake ana 2-year-old named nash. we'll do it tonight, guys. >> lisa: you too could be a millionaire. >> charles: it's a weird world. the world of art is so weird. >> you are taking tim walz's worried. >> harris: you got six seconds. >> lisa: had one watercolor painting that got a lot of praise but i think it's because it melted together.

>> harris: that was worth the time. "america reports" now. >> he started taking off his sweater and he threw it and told everyone, that they don't care what happens. to speak of the fact there were other passengers is that they were scared to death. two other passengers who assisted in restraining mr. neely. all of this gives a veneer of reasonableness, and you don't have to take this. you have all these other witnesses who apparently felt the same way. >> sandra: that is a live look at new york state supreme court in new york city, underway for the daniel penny trial. he faces up to 15 years in prison if convicted in the 2023 death of jordan neely. we are watching for you. hello and welcome. i'm sandra smith, and mike, great to have you today.

>> mike: i'm mike emanuel info john roberts. this is suite 27. he winces in the subway car testified that his erratic behavior made them feel unsafe. speethree he waived his miranda rights to answer questions from the nypd investigators, saying he was just trying to keep him from hurting other passengers. we are going to hear directly from judge jeanine pirro who is right now inside that courtroom in just moments. but first, cb cotton is outside the new york supreme court. what is the latest to hearing the courtroom? >> hi, sandra. one of daniel penny's defense attorneys is in the middle of giving his closing arguments, and he opened with video of a new york city subway in the background. he's asking jurors to imagine as if they were on the subway last year when jordan neely got on and began making threats. defense attorney stephen razor is pointing to a key piece of evidence in this case to make

the argument to jurors that his clients used his mill military training and a nonlethal way. pointing out to jurors that throughout the struggle there's never a single moment where neely appears to lose consciousness. he's arguing to jurors that there's not enough pressure in the right places at the same time. he's also drawing attention to moments in the video where penny appears to be looking around, saying these are moments where he was not applying pressure at all. of course this is a much different argument than what we can expect to hear when prosecutors give their closing arguments. so far they have pointed to testimony from one of their key witnesses. medical examiner dr. cynthia harris, who testified that penny's choke hold did indeed kill neely. harris told jurors there was "efficient and consistent enough pressure during the restraint to

kill neely," adding that there was "unanimous consensus" on her team about her ruling. while he lay to see how the prosecution counters the defense, jurors have already been reminded today that several eyewitnesses not only testified, but told officers in the immediate aftermath on the ordeal, of the ordeal, that they felt relieved when daniel penny stepped in. those moments on body-warren cameron haven't played several times for the jurors throughout the trial, and during the defense closing statements they played some more of the statements again. several eyewitnesses saying they felt relieved when daniel penny stepped in. the defense closing arguments are expected to take around two hours, and the prosecution goes next. a lot more to watch from down here at the courthouse. >> sandra: as soon as the judge is able to run out of that courtroom she will step up and give us an update for ming tsai shortly. thank you.

>> there are no kings in america. each of us is legal before the law. each of us is equal before the law. >> in my administration, no one is above the law. >> mike: president biden doing the thing he said he never do, walking back his promise to the american people and issuing a sweeping pardon to his son hunter biden. a stunning reversal sparking fears backlash. "the new york post" cover reading, "hunter gets away with tit." rich edson is live from the white house with more. >> it has press secretary karine jean-pierre spoke to reporters aboard air force one. she maintains that hunter was targeted because his last name is biden. echoing a lot of what president biden said last night, enhancing the pardon in a statement that a reasonable person would conclude that hunter was singled out. the jury convicted hunter on federal gun charges and he pleaded guilty to federal tax

charges. yet for years the white house insisted the president would not do what he just did. >> from a presidential perspective, is there any possibility that the president would end up pardoning his son? >> no. >> house oversight committee chairman james comer spent years investigating the biden family. he writes "joe biden has led from start to finish about his family's corrupt influence-peddling activities. president biden and his family continues to do everything they can to avoid accountability." democrats say trump's picks in top justice roles say dumb actually is planning on targeting hunter. the white house says even as hunters trials are finished it doesn't seem that biden's political opponents would let go of investigating him. other democrats have criticized the party. >> i've got mixed views about it, frankly. this is going to be used against us when we are fighting the misuses that are coming from the trump administration. >> jared polis writes, "i am disappointed that he put his family ahead of the country.

this is a bad precedent that could be abused by later presidents and will sadly tarnish his reputation." president biden in the white house making this announcement just ahead of his trip as he boarded air force one to head to a multi-day trip to western africa. back to you, mike. >> mike: rich edson on the north lawn. many thanks. sandra? >> sandra: let's bring in james freeman now, assisted editor of the wall street journal editorial page and a fox news contributor. so much to be said about this. what say you? >> i'm not sure anyone should be surprised that the president is putting himself above the country in this case. that is really what the whole story of the biden foreigner nouriforeign enrichment scheme . large amount of money coming from overseas, through hunter biden. various arrangements for that money to flow to the

united states and to the biden family. there's never been a good explanation for what legitimate purposes that money was for, unless he is now going to say he really is an expert on the geology of ukraine or petroleum engineering or natural gas or what have you. chinese finance. you can go down the list. it's a very sad chapter in our history in terms of the conduct of public officials. i don't know why anyone would be surprised by this disappointing ending. >> sandra: president-elect donald trump has said he believes now the justice system has been weaponized for political purposes and obviously that is the point, that he believes it's been weaponized. in a very new gaggle with the white house press secretary, karine jean-pierre, she was asked about that. based on president biden's actions here, she was asked whether biden agrees with trump on that. listen.

>> does the president believe now and agree with president-elect trump that the justice system has been weaponized for political purposes and that it needs root and branch reform? >> no. read the president's statement. seriously, read the president's statement. he said he believes in the department of justice. he does. he says it in his statement. he believes -- he also believes that politics affected the process and it led to a miscarriage of justice. he believes his son was unfairly targeted. >> sandra: apparently what you say may not be what you mean. wright, james? to all these moments, whether it was kjp where the president himself, what they said about hunter pardon then. >> i will abide by the jury decision. >> have you ruled that a pardon for your son? >> yes. >> is there any possibility the president would end up pardoning his son to mexico no. we've been asked that question multiple times. our answer stands, which is no. he said he would not pardon his

son and i'm to leave it there. >> sandra: how can we take their word on that when it comes to the question by the doj? >> to bringing out this absurd suggestion that the biden family was treated harshly. obviously you have the whistle-blowers on this network saying they really wanted to go on after the underlying issues with all of that foreign money and were discouraged in that. if this really was, in their view, a flawed prosecution, why did he plead guilty to the tax charges? why didn't the presidency at the time? zero credibility, and he would hope there is some accounting on the really appalling abuse of his office by joe biden, in terms of not just allowing his son to trail along behind as he

represented the united states and put his hand out, but we saw through the various house investigations that the active role played by joe biden in welcoming the various -- i guess we could call them clients who ended up sending hunter money. >> sandra: in the wake of all this, gerry connolly, the dem rep from virginia, says maybe we need to revisit pardon power. listen here. >> i don't believe the pardon power should be as broad as it is, and we can clearly see how it can be used and abused even with righteous cause. no other parent in america has the power to pardon their son or daughter for a crime. >> sandra: is that a discussion you believe is building, should we revisit pardon power? >> i wouldn't trade its constitutional power. it is a long-standing authority of the president. people may feel a little frustrated in this case because

granted there is not the immediate opportunity to enforce accountability if that powers abused, given that joe biden is now leaving office. we do have a political process. i would imagine for some voters looking at this it confirms they made the right decision electing donald trump in november. >> sandra: interesting way to put it. always great to have you on. really interesting, you are there in washington. we've heard a lot of the washington responses. if i could have our team tea at this clip from "the view," they are defending this decision on the part of president biden, basically making the case that his son was targeted just because he is the president son. listen. >> the only reason hunter biden was gone after and charged, indicted, and found guilty, was because his name wasn't joe smith, it was hunter biden. and that's the truth of it.

imagine the guilt he has to live with thinking his son, his only surviving son, is getting prosecuted because he is his son. he is the sitting president, and he can do whatever he wants to until this time is up. ct looking the other way. no wrongdoing, mike. he was just targeted because he's the president son. >> mike: i'm struck by the contrast between the show pdf marine corps veteran daniel penny on trial in new york city for protecting people on a subway, and maybe he would have gotten off of his last name was biden. so quite an interesting contrast in the final days of this administration. i remember all those white house briefings during your show when karine jean-pierre said nothing to see here, not going to happen. >> sandra: she said over and over again as of the president himself. mike, thank you very much. now this. >> sanctuary cities our sanctuaries or criminals. i think they are out of the gate, we are going to focus on public safety threats. while we do not want public

safety threads taken out of your community? >> mike: that is incoming border czar tom homan as reports show the increasing number of migrant criminals patr roaming y streets. ct looking forward to getting him on. plus donald trump's nomination for fbi director ruffling some feathers and liberal media. so is he getting a fair shake? our political panel here to react next. ♪ ♪ out of control. get a newday 100 va cash out loan at lower mortgage rates to pay off those high rate car loans.

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>> mike: we are getting a clear picture of president-elect trump's vision for the justice department. what could the federal law-enforcement looks like in his second term connect let's bring our political panel. executive vice president targeting victory and jonathan cut, for communications director

for west virginia. retiring senator joe manchin. happy monday. starting with some of the political back and forth over this nomination and of the et react to it. >> christopher wray is of course a republican appointed by republicans, as he has said. but apparently his stomach he's demonstrated too much independence and objectivity in the job for donald trump who wants much more of a personal loyalist in the position. >> i've got to say all of the weeping and gnashing of teeth, all the people pulling their hair out, are exactly the people dismayed about having a real reformer come into the fbi. >> mike: jonathan, is there any surprise president-elect trump want somebody to shake up the fbi? >> i don't think there is surprise. i think they're surprised that he picked somebody most members on the senate intel committee think has a shady background and the antics that he did during the russia investigation, that a lot of them are looking into, isn't fit to be head of the fbi. even the republicans on that committee.

so i think is going to have a hard time getting confirmed but i'm not surprised donald trump wants a loyalist. he picked a republican, christopher wray, to be the head of the fbi, and he wasn't satisfied with how loyal he would be just to him. i don't think donald trump actually understands what the fbi and the doj does. so this is the pick i don't think we were surprised by. he was teasing this out to the entire campaign, basically giving interviews saying, when i head the fbi, this is what i'm going to do. so no one should be surprised by this. he's going to be surprised by how hard it is for him to get confirmed. >> mike: do you agree? what is your assessment? >> we agree on the fact that trump ran on her forming if the ip to get to execute his vision. as deputy director, chief of staff, house intelligence committee, it but i'll tell you right now, i think the biggest service to his nomination was it

laid bare this two-tiered justice system. we are already hearing democrats saying it. so when you have something like that happen, blatant favoritism, it helps his cause. i think it a help and possibly get confirmed. >> mike: from "the wall street journal" editorial board, cash patel, the fbi and retribution. the main concern is that he stated desire to use power and a second trump term to seek revenge against his opponents. the country wants a bureau at contrast, not a republican version of the comey fbi. are you surprised by that reaction from the editorial board? >> i'm surprised the editorial board wrote that but i'm not surprised by it. it is accurate. he said he wants to close the fbi building on day one. i don't think he understands that a lot of those people help prevent crimes are being committed against citizens of this country, and they do it from that building. so if the goal of the fbi is to keep america safe, putting kash patel in there will not actually help that goal if all he's going to do is go after

trump's opponents, people in the media, politicians that he thinks have wronged them. that's not the actual goal that we should be aspiring to. >> mike: it's about the votes in the senate. you have 53 republicans. as you get through? don doesn't seem to think so. >> i think he could. their strength in numbers. we have media attention and scrutiny split among several nominees. in 2017 it was really against betsy devos when she was nominated. so you have that strength in numbers. maybe the lion can catch one of them. maybe none of them. but there's no way republicans in the senate are taking down a third of his cabinet. it's not happening. >> he's right on that. we will be organized enough to take down four or five. we can take down one, maybe two. >> mike: thanks so much. >> sandra: back to the white house, the closing arguments underway in the daniel penny trial. the court is now on a lunch break and judge jeanine has run out to a camera there. cohost of c24, in the courtroom

throughout this trial and she joins us now. i know it takes quite a bit to get to the camera from inside the courtroom to outside. what is the update? >> there was some discussion in the beginning, and trims the opening statements. the defense goes first, the prosecution goes last. but the way the defense started their closing statement was very powerful. they started with a train pulling in and the sound of a train. it was almost as though you were on the train itself, and there was both the video and the audio of that. and then what stephen razor did in this case was he started talking about the psychiatric history of jordan neely and the fact that a psychiatrist said he hadn't seen someone. he was one of the most severely psychotic people he had ever met, and clearly was in need of treatment, and there was none, obviously. but also, in addition to that,

all of the problems that he had would contribute to his being even more psychotic, given the other drugs that were in his system. in the end, this whole summation by the defense is that the prosecution did not prove a choke hold death. if they did not prove a choke hold death, they did not prove a homicide. whether it be reckless or negligent beyond a reasonable doubt. what the defense attorney did was he actually went right to the opening statement of the prosecutor and said, they said they were going to prove this, that it was a choke hold death, that it was either reckless or negligent, and they did not prove it, even by their own medical examiner they did not prove it. because the medical examiner herself, dr. harris, who was less than stellar, i might add, said there was no way she could prove the two-point of unconsciousness and then death. so that whole cause of death is

extremely important. i think the defense put the end to the prosecution's case, that there were so many times daniel penny could have hit both of the carotid arteries and he didn't. there's also another piece to this. they brought in video statements, people who were actually on the platform saying, i was scared to death. i thought i was going to pass out. i put my head in someone else's shoulder. i've been riding trains and never seen anything or anyone act like this. they literally had you in that moment of fear by people in new york city who are regulars on the subway. the defense is not finished yet. they broke for lunch. they will continue after lunch. the prosecution said they will start later today and the prosecution will go into tomorrow, so the jury will not get the case until after the prosecution finishes with their summation. >> sandra: judge, to one of your last point about the

witnesses of the incident speaking, a wreath beginnings to aretha ginnings madean on-si. >> i heard the young man on the floor saying, i'm willing to die. i'll do anything. i'm willing to die. i'll go to jail. i don't care. he was saying it so loud that everyone turned around. when he came in, he was unbelievably off the charts. he is scared to live a day like that. >> sandra: what does that mean in all of this, judge? >> it was powerful because it was within moments of neely and the train pulling in with daniel penny holding him down. as steve razor said, he said we are frozen in time here. everyone is describing the fear and the fact that they were on the brink of collapse. they thought they were going to pass out. and they were white and hispanic and black. to make this about race is

totally irrelevant, because everyone on that train was afraid. they talked about the fact that the train went silent. when jordan neely started yelling, and they said he wasn't yelling, they said he was screaming, the rage was so profound that the car went silent. everybody started to pull back. a mother pulls her child in front of the carriage. it is a moment frozen in time where it is clear that danny penny did something most people wouldn't do. he stood up for his fellow subway riders. >> sandra: absolutely incredible. things are running out and giving us an update. we look forward to more shortly. thank you, judge. >> you're welcome. >> sandra: all right. >> we know what happened last time donald trump was president. he vandalized our progress, he vandalized our programs, he broke the law. >> mike: governor gavin newsom promising to trump-proof california right after the elections, but as the rest of the left-leaning state on the same page? >> sandra: plus a

state department briefing underway right now and it a potentially huge development in the war between russia and ukraine. the eight nominee and special envoy to russia and ukraine lieutenant general keith kellogg is here. weuc he joinsh? us next. (inner monologue) another destination wedding?? we just got back from her sister's in napa. who gets married in napa? my daughter. who gets married someplace more expensive? my other daughter. cancun! jamaica!! why can't they use my backyard!! with empower, we get all of our financial questions answered. so we don't have to worry. can we get out of here? i thought you'd never ask. join 18 million americans and take control of your financial future with a real time dashboard and real life conversations. empower. what's next. on medicare? living with diabetes? progress is having your coffee like you like it without an audience. ♪ [silence] the freestyle libre 3 plus sensor can help lower your a1c over time. covered by medicare for more people managing diabetes with insulin.

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>> sandra: ukrainian president volodymyr zelenskyy sick as he's open to an early end of the war and a path to nato memberships n the table. the special envoy to russia and ukraine, former national security advisor to president trump and vp mike pence. thank you for being here. first up, what do you think this proposal to end the war for nato membership? are you in on that? >> sandra, to start with, thanks for having me. look, i wouldn't make any pronouncements at all because that's going to be up to president-elect trump when he comes into office, what he intends to do and what he doesn't intend to do. i would never foreclose on anything.

he has said that, he never put your option on the table. he let it go forward. what's happened is the president is very clear why naming a special envoy, he's very secure in his campaign promises to end the war and stop the killing. that's what he wants to do. we wish that president biden has done that, put in envoy in place to try to end the war because it is so massive what's happening right now. i do have to step back a bit and look at the nominees, because there's a little bit, you have to smile a bit and think back all the way back to 1521 when cortez invaded mexico from cuba and burn the boats. that's what we are doing right now, bring the boats. a change in government, he's going to focus on the economy and be the president-elect, focus on the border which is critical but also realize he's got interaction and obligations and thinks he has to do, as well. ukraine is one of them. so i wouldn't say what he's going to do because it's up to the president to make that decision. we're just going to try to execute it. i am just a mere spokesman for

what he wants to do. so it'll be hard to say what he wants but we'll figure it out as we go forward. >> sandra: obviously a very respected advisor, as well, general. i want to play the sound from trump on ending the war in ukraine. this wasn't interviewed in kyiv on friday. watch. seco if we want to stop the hot stage of the war, we should take on the nato umbrella the territory of ukraine that we have under our control. then ukraine can get back of the other part of its territory diplomatically. ct is that leads you to wonder what will happen in the final days of the biden presidency. jake sullivan was asked about that, u.s. support to ukraine in the final days of the biden administration. he said this just yesterday. listen. >> we are going to do everything in our power for these 50 days to get ukraine all the tools you possibly can to strengthen their position on the battlefield that they'll be stronger at the negotiating table. president biden directed me to

oversee a massive surge in the military equipment that we are delivering to ukraine so that we have spent every dollar congress has appropriated to us by the time president biden leaves office. >> sandra: i want to get your thoughts on that from the outgoing administration. >> in a way it is pretty good for the president-elect, because it gives them leverage. he can make the decision of what he wants to do, and the more the biden demonstration does this, it creates a greater opportunity for the president-elect to do what he wants to do. he understands leverage probably better than anybody based on his business experience. going back to september when zelenskyy came to trump tower, he went up there and he and the president spoke, and after the thousand days of war they were signaling it is time for this war to end. the president said very clearly, and this is a quote, "it is time." he's right about that. this war has gone on over a thousand days. it's expanded. it's not global in nature. when i say global in nature,

when you look at what's happened, you got the north koreans involved by providing troops, the iranians involved, the chinese involved, and you've got the russians involved. the makeup of the war has expanded, and you kind of put it back in a box, not only for american security before global security, as well. so i don't have a problem with what they've done. it's all based on leverage. the president understands that he's going to use it to his advantage. >> sandra: general, if i could get you to respond, i only have about ten seconds left. this russian tycoon quoted in the "financial times" talking about whether putin will engage with the u.s. on certain conflicts. apparently it's only on broader conflicts. this tycoon says kellogg comes to moscow with this plan, we take it and tell him to screw himself because you don't like any of it. that would be the whole negotiation. for the stocks to be constructive we need to talk not about the future of ukraine but the future of europe and the world. real quick final reaction. >> he better understand who

donald j. trump is, because it's a big mistake to underestimate donald j. trump. the world has done that before he made a massive mistake. this is not keep kellogg. we are talking about the united states of america and president trump, and he will handle it like handled it. you clearly do not understand the united states of america. >> sandra: good to have you on. thank you. mike? >> mike: sandra, president-elect trump's nominees could lead to a major health system overall. why democrats are up in arms over this. charlie hurt joins us next. >> sandra: plus l.a. county d.a. george gascon leaving office after losing his bid for reelection. what does it mean for the progressive movement in california? we will ask leo terrell. can't imagine he's got anythingn can't imagine he's got anythingn to say he will join us next. ♪ crab. bacon. ♪ ♪ shrimp for the takin' ♪ ♪ 500 locations! ♪

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me holding it up

>> sandra: president-elect terms nominee to lead hhs, robert f. kennedy jr., says he'll take aim at processed foods. his nomination sparking a whole conversation about what we eat. fox business' gerri willis is here with more on this. what exactly is he saying, see five? >> sandra, rfk jr. has been pointing to a federal loophole that allows food companies to determine which substances are generally regarded as safe. the u.s. allows some 10,000 additives compared to just 300 by the e.u. listen. >> about 70% of our diet now is ultra processed food because it is the cheapest, but it's highly subsidized. corn, soy, and wheat, which means processed wheat and processed flour and sugar.

>> kennedy believes the american diet is rife with poisonous additives and chemicals that are making people sick and fat and that we do well to follow europe's example. take the big mac. i have one right here. the same everywhere, right? not a chance. yes big mac had nearly 100 more calories than the u.k. big mac, 42% more fat, more carbs, with about half the sodium. and this can of baked beans sold in the u.k. has 30% fewer calories than its american rival, and a quarter of the fat. it's also got significantly less carbs. not every product tells the same story. for example, the u.k. skippy peanut butter has more calories and sugar than the u.s. version, but less fat. food and beverage stocks, as you know, sandra, like kraft heinz, pepsico, coca-cola have been trading lower and they are trading lower today as the industry braces for a crackdown if rfk is confirmed.

>> sandra: i wonder what the reaction is to this. people love the fast food. first on those comparisons, gerri. those were all for the same amounts, right? same size can, same size bigger. those are remarkable differences. i would think that people would entertain if it takes the same to not have all the additives or preservatives or whatever it is that is changing those numbers. have those taken out. speak of the company say we are to satisfying american appetites. this is what americans want to eat. they want more sugar and they want more fat. but i have to tell you, i think a lot of people would opt right out. i know these companies, and we have reach as many of them and they haven't gotten back to us, that's what they have said on record in the past. when you make these comparisons, it is really eye-opening as to what we are eating and we're not getting when you're in europe, walking around and feeling like, i ate a lot but i feel really good. >> sandra: i know you hear that so often when people come back from europe.

gerri, very interesting stuff. i don't know if the people eating the big macs i look at the nutrition label, though. right? thanks. mike? >> mike: big changes could be coming to public health, academic public health. let's bring in charlie hurt. welcome. >> how are you? >> very well. thank you, sir. let's talk about "the new york times," saying while a crown jewel of government, nih's nontarget. benefited from broad support, but criticism has intensified and they hope to append the organization. after the pandemic, is it time for a public health shake-up? >> it's kind of funny, i think one of the sneaking campaign issues that we didn't talk a whole lot about that that i think had a big impact on the election was the covid lockdowns, and sort of a reaction to all that where you had a lot of voters, particularly independents, kind of in the middle, who lived

through that and recognized they didn't like the way our government handled the pandemic, and voted accordingly and decided to do a wholesale change of government over that. it is sort of interesting to listen to people like "the new york times" complained about the idea that donald trump is putting these people into his administration. that's kind of the whole point of an election. the reason we have an election is so the guy that wins the presidency gets to pick the people that he puts in these administrative positions, and then you have this reflexive reaction from people like "the new york times" who get upset about it because they think it is a threat to bureaucracy. it is a threat to bureaucracy. that is kind of the whole point of all of this exercise. the point is that the american people i think want a sort of reassessment of how this bureaucracy, how their government approaches these problems. >> mike: let's dig in on dr. jay bhattacharya, the

nominee to lead the national institutes of health. the free press saying about him, "progressive justice for jay bhattarchya. we hope they'll be no gaslighting of patience or oppression of dissenting views, nor blacklisting of scientists who don't toe the authoritarian line. this is something all americans should applaud." what about that point? >> it is poetic justice. when you look back and think about what dr. bhattacharya went through during the pandemic, he got smeared, he got slandered, he was called a liar, he was called dangerous. he was called a threat to public health. he was vilified perhaps -- certainly as bad as any other person during the pandemic. and it turns out that he was right about everything, and the reason he was smeared, the reason he was called a fringe candidate, a fringe person, a fringe doctor, is because he was

raising questions about the lockdown approach to this and said, i think this is going to do more damage than good. and of course it turns out we now know and there's countless scientific studies that show indeed the lockdowns didn't do far more physical harm than the pandemic itself. that's why they called him a fringe candidate to head to nih. and they are sticking to it. they still think that he is a fringe doctor, because they don't want a fresh pair of eyes, somebody was critical of the bureaucracy, coming in and saying we didn't do the best job here, let's reassess the way we approach public health and do it a different way, even though that's what voters have asked for and that's what donald trump campaigned on, and that is what we are going to see. >> mike: charles hurt, great to have you today. sandra, dr. bhattacharya basically called for all of us

to have the younger healthier people get back to their lives. they may build herd immunity the society. he was widely ridiculed as a wacko at the time, and maybe in retrospect he was really smart about it. >> sandra: they've got everybody talking about these picks. going back to gerri's report on the food, people are listening. something is happening. all these cancers in younger people, the obesity problem in this country, and looking at those food labels and comparing the same product to somewhere else is very interesting to a lot of people who are listening. >> mike: no doubt. >> sandra: meanwhile we are watching the weather outside. it's been frightful for parts of the northeast and still is in the midwest. mike seidel is in one western new york town that was hit hard. it looks like it still is. >> it is. look at this, sandra. can you imagine? this is a heck of a cardiovascular workout, and we are not done. we have more snow on the way to this area. we will have the forecast coming

up after this.

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>> sandra: a storm for the record books. cities and towns along the great lakes were buried by snow over the weekend and many other spots, as well. apparently more is on the way. fox weather storm specialist

mike seidel live in mayville new york about an hour southwest of buffalo. boy, is it coming down, there. mike, do you have a schematic or is the snow getting in the way? can you hear us, mike? >> here we are in chautauqua county new york. the snow continues to come down, sandra. they have had 54 inches of snow so far and more on the way. as you can see, this ability is now down to about a quarter-mile. once again, heavy snow here, that very localized today. it's really shrunk into two counties, chautauqua and katter and they've had time and half feet of snow and you have an idea of how hard it is to walk in. this about 3 feet on the ground because of settling but then it goes up and above my knees. i-90 has reopened for all traffic. it was closed to commercial traffic. they didn't want big rigs to jackknife as they go on the

highway. i could end up blocking the whole highway. meanwhile he have another system coming in wednesday. that's going to bring widespread snow was everywhere in western new york, not just a lake effect areas. then the big concern is more lake effect and a lot of wind. as you can see right here, wind has not been an issue with this one. we haven't had blowing and drifting but that's going to change. later wednesday into thursday. winter hangs on here in upstate new york. at least here in chautauqua county, about an hour southwest of buffalo. buffalo itself only had an inch of snow fall from this entire system. back to you guys. >> sandra: just incredible. wow. be careful out there, folks. thanks for the report. mike? >> mike: joe biden granting his son hunter a sleeping pardon after months of denying that he would. so what happens next? martha maccallum on deck to react ahead. >> joe biden for 50 years in public office has always

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(♪) >> will you accept the jury outcome, their verdicts, no matter what it is? >> yes. >> have you ruled out a pardon for your son? >> yes. >> no one is above the law. i said i would abide by the jury decision. >> no one is above the law. >> president biden doing something he swore he would never do, issuing a full and unconditional pardon of his son, hunter, covering any crime you have committed from january 2014 to december 2024. that is where we are at the top of the new hour, almost. welcome back as "america reports" rose and dress like an hour. i'm sandra smith. mike, good heavy today. >> mike: great to be working with you as always. i'm mike emanuel in for john roberts. "the new york post" cover reading hunter gets away wit