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tv   The Journal Editorial Report  FOX News  November 6, 2021 12:00pm-1:00pm PDT

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vaccinated or have a negative covid test. big day tomorrow. arthel, i've got to say, those -- the dads on duty, what a great, great group of men. arthel: excellent, outstanding. i'm so proud of them and what they're doing. we need more like that. and more of us in an hour. ♪♪ david: welcome to "the journal editorial report," i'm david asman in for paul dwi go. chaos on capitol hill last night as democrats bustled through a $1.2 trillion bipartisan infrastructure bill and what president joe biden called a monumental step. democrats also taking a procedural vote to advance the cornerstone of the president's tax and spend agenda, a multitrillion dollar climate and entitlement package which they now say they'll pass sometime in the coming weeks. the president, though, taking a
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victory lap this morning on the infrastructure agreement. but is west virginia's senator, joe manchin, the real winner in last night's showdown between the party's moderates and progressives? let's ask our panel, "wall street journal" columnist and deputy editorial page editor dan henninger, columnist kim strassel and editorial board member kyle peterson. great to see you all. dan, first, when you're looking at winners and losers here, it sure looks like joe manchin's the winner. here's what he said on monday, and as it turned out, he had a lot of foresight in saying this. roll tape. >> the political games have to stop. it is time to vote on the bill, upper or down. and then go home and explain to your constituents the decision you made. david: dan, he went on to say he would not vote for the reconciliation bill until there was an infrastructure bill, and he got what he wanted. >> well, he got what he wanted, for sure. he says that his state,
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virginia -- west virginia, badly needs help with its roads and bridges, transportation system. that's kind of the meat and potatoes. and that's what a lot of what the moderates wanted. they wanted to be able to go home and tell their constituents they got something, notwithstanding that none of the work is going to be evident for years before they get going on this. but, yeah, back in the senate joe manchin is going to be running things again. the they were to pass the social welfare spending bill, it goes back into the senate, and the spending on it is not paid for. he objects to that, and we really in terms of actually getting that big piece of legislation passed, we're no more further along than we were two months ago. joe biden's taking a victory lap. hey, it's the first one in 11 months, let's give him a trot around the track. he got a piece of legislation passed. but he's a long way from the if crown jewel of build back
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better. david: well, and, kim, the progressives -- we're talking about winners and losers, clearly they lost on this one. they called this their last stand, that they weren't going to allow the two bills to be separated. well, at the last minute they were, and it looks like the elections on tuesday took a little wind out of their sails. >> yeah. well, this was a a hue milllating -- humiliating loss, david. all along they said they had to be passed together, and moreover, whatever passes here in the house, joe manchin and kirstin sinema had to agree to. they had to walk back from both of those. not only is this bill unknown as to when it will actually pass, the it will pass in the house, but even when it does pass, it is dead on arrival in the senate. they threw things back into that bill that joe manchin has already said he wouldn't do. close city had to do that in order to -- pelosi had to do that in order to buy enough votes from everyone this her coalition to get it through.
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but joe manchin has already said he's not even working off of that bill. he's coming up with something completely different. so all of this effort or and all of this pain and agony for a bill that is not even relevant, likely, this terms of what's going to happen in the senate. david: well, and, kyle, you had the president this morning talking once again about the build back better plan if baying paid for -- being paid for. the the joint committee on taxation came out with a $1.5 trillion figure about how much revenue would come in over a 10-year period from the taxes in that as far as we know what taxes would be in that. that's, according to wharton report, the wharton business school report that came out, the plan is going to cost $4 trillion over ten years. the revenue, $1.5 trillion, is less than half of what it's the going to cost. >> right. and that $4 trillion is based on the idea that a lot of things that are put in the bill that democrats are saying are going
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to expire or they're only running for a few years, the real intention is to make those permanent. these are what people in washington call budget gimmicks. and when republicans do that kind of stuff, democrats are all up in arms. and here we are, they're trying to as that bill on this basis with temporary things they mean to make permanent. the other point i would make in trying to size up the scope of the bill, it's hard to even do that, because as kim lays out, what's in the bill seems to change every 24 to 48 hours. david: and, dan, manchin going back to the winner of the infrastructure, he's been very clear that he doesn't trust the accounting in the build back better plan. there's a lot about it, he seems to be leaning more towards the wharton view of how much it's going to cost than the biden view. >> yeah. and we're going to argue about that for a long time. i mean, among the things they've done, they put back in the house, they put back in the paid, paid family leave, child
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leave that manchin opposed, and also they have dumped a huge restoration to s.a.l.t., the state and local tax deduction. it started at $10,000. the house bill has increased it to $80,000 this. that's going to cost around $250 billion because that thing was a huge revenue raiser. and i doubt joe manchin is going to sign on for that. they had to do it to basically drive moderate democrats from high-tax statements like texas -- states, like texas, california and connecticut, but the calculation, what the bill is going to cost and what's going to to be paid for are all over the lot right now, david. and joe manchin is going to zero in on those discrepancies, for sure. david: let's see if he zeros in on the supersizing the irs, because that's back in as well, so we still don't know what's going to happen. gang, thank you very much. well, you wouldn't know it from their continued spending push, but democrats took a deep
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drubbing at the polls on tuesday as voters sending a message, pretty clearly, about the party's left turn inside the beltway and woke agenda nationwide. how republicans did it and the lessons for both parties heading into next year's midterms, right after the break. ♪♪ >> all the talk about the elections and what do they mean many, they want us to deliver. they want us to deliver. ♪ ♪ ♪♪ helping them discover their dreams is one of the best parts of being a parent. one of the most important is giving them ways to fulfill them. for over 150 years, generations have trusted the strength and stability of pacific life. because life insurance can help protect
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in -- barely squeaked buy in deep blue new jersey. tuesday's results a clear repudiation of the woke agenda and the leap to the left inside the beltway. but are democrats getting the hedge? we're back with dan henninger, kim strassel and kyle peterson. kim, let's talk about virginia first, and terry mcauliffe, been around politics his whole life. he was side by side with bill clinton during his two terms as president. what happened to his reputation as the great retail politician? [laughter] >> yeah. well, you know, i think terry mcauliffe's problem is that he decided that he was going to follow the rules as defined by progressives in modern elections, which is what he did. he was going to try to tie glenn youngkin to donald trump, yell trump at every single opportunity, and cozy up to progressive politics and really adopt that and try to fire up
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the base. and, in fact, what we saw is that in the hands of a politician like glenn youngkin, the trump card wasn't enough to get mcauliffe over the end of the line. and also it's pretty clear that all of america is turning against, repudiating a lot of those progressive ideals. that's why you see this happening not just in virginia. just as an aside, i saw a lot of people saying, oh, youngkin's victory is a one-off because of youngkin. how does that explain what you saw in new jersey and elsewhere across the country? this was about democrats as a whole. david: and, kyle, while the professional politicians, so to speak, like mcauliffe lost, you have glenn youngkin, you have these newbies coming in and really making tremendous progress. it does reminded you of the tea party movement back in 2010, doesn't it? >> yeah. and that's part of the reason that i think those trump attacks didn't stick to glenn youngkin, is he's a newcomer. he strikes me as a little bit of
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a mitt romney type, harvard mba talking about the grocery tax, and that's appealing in the suburbs. loudoun county is a county that joe biden won by 25 points, terry mcauliffe won it only by 11 points, so that that's a 14-point swing. if you look at the new jersey map, compare 2020 to this week, this past week, you can look and see the suburban counties that have shifted red. david: dan, is it too early to say that the woke revolution is over? >> yeah, it's too early to say that. but the woke revolution is really in trouble, david, make no mistake if about it. these two races that we just mentioned, virginia and new jersey, let's just go down the rest of the list. for the mayor of seattle, a moderate democrat, defeated a progressive. mayor of buffalo. for a congressional seat outside
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cleveland, moderate chantal brown defeated mien that turner who was affiliated with bernie sanders. eric adams won the primary and the hay i don't recall seat in new york -- mayoral seat in new york. the defund the police proposition in minneapolis also lost. they lost. it is clearly going in the direction of moderates which means joe manchin and kyrsten sinema should be the new face of the democratic party, not bernie sanders and aoc. david: well, kim, how are democrats going to be affected by all this? at first, of course, pelosi said it doesn't change anything, what happened on tuesday. she began to change her tune and, of course, the vote last night kind of indicated that, that they are listening to the message from voters. >> yeah. it was really important to see that shift this week. i don't think it's a coincidence that suddenly, after months and is months, the infrastructure bill shook loose. it got passed.
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by the way, only that side of the agenda too. they've decided to put build back better, as they call it, on hold at least for a while. now, look, it's still their ambition to get it across, and is a lot of the progressives are arguing, well, you know, the lesson of tuesday the ought to be that we need to deliver this to the american people. but what really matters is what joe manchin took from tuesday, and he outright said it. he said, look, the message of this is we need to slow down and do this bigger bill right. and in the end, it's what he thinks that really matters, so he may force them to. we'll see. they ought to step back, that would be best for their party, but there's going to be a fight still. david: well, kyle, what about republicans? [laughter] they have a history of snatching defeat out of the jaws of victory. is it conceivable that they won't get -- i mean, after all, a lot of republicans voted for the infrastructure bill. i know it's popular with americans, but that did kind of give a small victory to pelosi.
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>> yeah, but i think they have some lessons coming out of tuesday too. one is that education is a big issue that motivates people. you saw mike pence in the runup to the virginia race talking about education. i think before 2022 we're going to be hearing an awful lot more about local school boards. david: and finally, 2024, dan. what is, what does this say about donald trump and his influence on the party? because youngkin, while he didn't the disavow trump at all, he didn't actually reach out and campaign with him. >> the reality is, david, that when trump was not an issue in these campaigns, the suburbs voted for the republicans, an astonishing turn around. and it is one that donald trump is going to have to come to grips with going forward. david: interesting. all right, gang, thank you very much. when we come back, voters canceling the war on police in the midst of a nationwide spike this violent crime. americans all over the country pushing back against the left's
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assault on law and order. >> we are not going to just talk about safety, we're going to have safety in our city! [cheers and applause] ♪♪ muck muck
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david: with crime surging in many cities, voters across the country pushed back on tuesday against the left's war on law and order. in minneapolis, the birthplace of the defund the police movement, more than 56% of voters rejected a proposal to abolish the police department. and the backlash didn't stop there, with moderate bruce harrell beating his progressive opponent in the race for seattle mayor with a promise to rebuild the police department is restore public order in that city. we are back with dan henninger, kim strassel and "wall street journal" editorial page writer
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gillian mel corps. there's a phrase mugged by reality, which is a phrase used for liberals who become conservatives. i don't think it's ever been more apt than what's been happening across the country. >> you're right. unfortunately, it's pretty literal. if you look at the crime statistics in big cities, you're seeing a huge spike in homicides, big spike in shooting, property crimes and then just things that really affect people's quality of life like the downtown seattle association was complaining about how there were 7,800 incidents between the july and september of people defecating on the streets. in san francisco you've got shoplifting videos that have almost become this genre where you can watch people go into stores, put stuff into a black trash a bag and walk off. and in new york city, like, you have to push a button and have an athe ten adapt because all the -- attendant because all the cosmetics are behind plastic barriers. i think this is what voters are
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reacting to. david: dan, it's really the quality of life. you pay a premium, really, for living in a city, certainly in new york city and l.a., you pay a tax premium. you expect to have a quality of life that you can live with, but many cities don't have that anymore if. >> no, they don't, david. and eric adams, the mayor to-elect in new york city, who ran on a law and order platform the, said precisely that the day he was elected. he said you people in new york pay your taxes, and you expect the city to deliver services and safety. you have not been getting that, and he intends to deliver it starting january 1st. question is whether he will be able to. rudy julian think if do did something -- rudy giuliani did something similar in the 1990s, but we don't have same governments as back then, david. governments have moved much further to the left, and virtually all the big northern cities have progressive prosecutors. and that's going to make it very
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difficult for people like eric adams to get the police to come forth and actually police again, because if they don't have the prosecutors at their backs, they're just not going to start making arrests. it's a different situation than we had back then. dave dave yeah. many of these prosecutors, of course, kim, were elected with help from george soros and other super-liberals who have got a lot of money, and you're stuck with that, but you're also stuck with these new laws, the bail reform -- so-called bail, i hate the word reform with what they are, because they don't make things better, but they let a lot of hardened criminals out before they could or be out of jail. >> yeah. that's putting your finger on the fact that a lot of bad ideas have been put in place beyond just defund the police in the last couple of years that we've been talking about this. but, you know, if you step back, what's really interesting because what you're witnessing here is a fight in the democratic party. all the headlines this week have been about the voter choice
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between republicans and democrats in virginia and new jersey, but what you're seeing in cities is that voters are increasingly looking for members of the democratic party that aren't insane -- [laughter] that will go back to where we were on things like, just law and order. at some point they're also going to have to address some of this other junk that you noted got put into place like the laws and the prosecutors. it may take some time to unwind this, but there's no question that the public urban community, they may not be voting for republicans, but they're looking for a very different kind of democrat. david: and, gillian, public safety is issue number one. that's what's turning a lot of voters around on this, but is it compassionate to allow the homeless to sleep in all ciebz of weather and all kinds of filth, some of whom are drug-addicted, shooting up on the street? i mean, that's not compassion. this is a point that rudy julian think made when he sent people
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out, social workers, with police to get people off the streets. compassion can be a sieve issue as well as -- a conservative issue as well as a liberal one, right? >> you're absolutely right. and i think one of the tragedies of the defund movement is we want good police, better trained police, we want better resourced police and, unfortunately, what you've seen is as police budgets are slashed, you have less opportunity for training for how to intervene when someone's having a mental health crisis that's dangerous. you have fewer officers. there have been a wave of retirements and resignations. you see people starting to triage 911 response. maybe that doesn't get addressed because they're responding to a shooting. i think this is counterproductive in a way that hurts society as a whole. david: absolutely. it's tragic, but things are changing, thank goodness. all right, when we come back, the durham probe gains steam as a key source of the democrat-funded dossier is arrested and a clinton insider
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is spotlighted. kim strassel has the latest on this newest development coming next. [engine humming] [clapping] “we will rock you” by queen ♪ the new gmc sierra with hands-free driving offers the most advanced and luxurious pick-up in its class.
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for the democrat-funded dossier. the case is part of special counsel john durham's ongoing investigation into the origins of the fbi's 2016 trump-russia probe. and our own kim strassel says the details provide yet another link to the clinton campaign. all right, kim, this story is right up your alley. it's the clinton link to all in that i think is most fascinating here, no? >> oh, yeah, absolutely. because think about what we've learned, and i think it's important to just step back a minute. if you go back to the fall of 2016, the hearn people were told that the -- the american people were told that the fbi had evidence that donald trump had deep and treacherous ties to russia, that it had come from this former british intelligence agent who was well known and respected by the fbi, credibility, and he brought this info out of the goodness of his heart. then we find out that, in fact, he's on the payroll of the hillary clinton campaign. he'd been commissioned to write a report, and and now we find
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out that the one guy that provided most of the information to him, igor danchenko, a russian, was, in fact, getting a bunch of his information from a clinton crony named charles dolan. not only was the clinton campaign paying to commission this dossier, the people in the clinton orbit or at least one person was providing the information that went into it. this is a clinton operation from beginning to end. david: and, dan, it really was russian collusion, but it wasn't trump-russia collusion, it was clinton-russia collusion. >> yeah, that's the thing, david. there was a russian collusion there, and it happened to be the opposite of what the press was describing it as. it didn't originate in moscow, it originated in washington d.c. you have to ask at this point what exactly was going on with that collusion narrative. igor danchenko who was indicted
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told "the new york times" in 2020 that he was dealing in, quote-unquote, raw intelligence. and charles dolan himself was tasked with asking along gossip, rumor and hearsay. even the people perpetrating this knew they were dealing in insubstantial allegations. so how did it happen? as kim just described it, for over two years major media outlets in the united states and the fbi and the congress, adam schiff's learings, purported -- hearings, purported to pursue all of these allegations in the mueller investigation against donald trump. i think we're understanding now, david, why the durham investigation has taken so long. man, this is a shocker. david: it sure is. and, kim, it also reshines the spotlight on the fbi. clearly, there were so many red flags here about the information
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being insufficient for a fisa warrant. shouldn't the fbi have been on -- or could they have been and just ignored it? >> absolutely. and, in fact, even this indictment highlights that. i mean, this is the frustration with the indictments, dade. durham is doing the best he can do. he's also using these to tell the american people a story which is very important so that people finally understand what happened here. so the indictments are very much based on the notion that some of these outside figures came in and told the fbi lies, essentially duped the fbi. that's a little incredulous, okay? there were so many moments when the fbi was tipped off to the fact that it was dealing with the clintons, and all it needed to do was dig a little further, and instead it closed its eyes. one other person this also needs to shine a spotlight on, bob mueller. he had every resource to look into any of this. his team, however, was made up
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of people who were at the k to oj when this happened -- the doj when this happened, and you've got to look at his report more and and more like a cover-up. david: absolutely. and, dan, there's one other organization which are these fisa courts. i mean, it just shows how they are little more than a rubber stamp for anything they're told to do by the fbi or other people who come to them for a warrant to spy on americans. >> yeah. they have to, obviously, look more deeply. carter page had three fisa warrants issued against him, and, you know, again, it's suggesting it falls back on the credibility of the fbi which i think is very tarnished. a lot of americans have lost faith in the fbi and those institutions down there. and that is one of the greatest damages that has been done. and i -- it's going to be a long time repairing it unless, you know, someone like fbi director christopher wray steps forward and says explicitly to the american people this will never happen again. david: kim, we only have 30
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seconds, but give us a tease as to what more we might hear from durham looking forward. >> you know, it's an unknown, but let me say this: from what has been laid out in these indictments so far, there is a big cast of characters and plenty to choose from. given, again, the way these indictments have been written, it certainly leads one to believe that there is yet more to come. david: it certainly seems that way. it's going to be fascinating to see. thank you both. when we come back, long seen as a winning issue for democrats, education helped propel glenn youngkin to the governor's mansion in virginia, so does his win give republicans a road map to becoming the fresh, new party of parents and school choice? ♪ ♪
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♪ >> we're going to introduce choice within our public school
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system. [cheers and applause] we're going to start or with charter schools, and we are going to make a down payment and close the gap on giving parents an opportunity to select where their kids go to school. friends, we're going to embrace our parents, not ignore them. [cheers and applause] david: what a night it was. virginia's governor-elect glenn youngkin promising to make school choice a centerpiece of his agenda after parents who were fed up with covid school closures and radical approaches to race and sexuality helped propel him to victory on tuesday. so is his success a republican blueprint for becoming the party of parents and choice in education? let's ask darla, president and ceo of children's scholarship fund which has helped 280,000 needy kids get scholarships to private schools. good to see you, darla, thanks for coming in. i just have to ask, first, about democrats screaming that claims
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that critical race theory were in virginia schools is a lie, it's not true, that was made up by youngkin and his winning was based on a lie. what do you say to that? >> well, i'm going to say that i give parents the benefit of the doubt because they saw things that they cannot unsee during covid. their relationship with their schools has changed forever, and they saw things that they were concerned about in terms of how their children were sewed to identify themselves -- supposed to identify themselves regarding race, other kids regarding race. whether you call it critical race theory or something else, they were concerned about it, so it's legitimate. i'm going to give the benefit of the doubt always to parents that when they see things that they don't think what's right for their children, they know their children. they know what's best. critical race theory will always get -- it will always be backed with the charge that you're a race. parents were concerned about so many other things. they were concerned about school closures, they were concerned about learning loss.
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and, you know, i can tell them a whole bunch of other things they should be concerned about. how about the fact since 1992 the when we've been doing nape testing, national progress reports, less than 50% of white kids in fourth grade, eighth grade and twelfth grade are proficient in reading. now, the if i'm a parent and i'm concerned about that, am i a racist? i don't think so. david: right. >> all of us should be concerned about the fact when we compare internationally, we rank in the teens and 20s and 30s when it comes to math and science s. and, by the way, all eighth graders, less than a third are proficient. are we talking about equality being raising them up to be less than 50%? david: we should mention, by the way, that these test score drops which are historical in terms of the depth to which they've fallen precede the pandemic. that is to say this is not the result of remote learning. this was happening before the
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pandemic kicked in. so it's a result of some problem inside the school room, and yet they are, they're making money hand over foot. and since the pandemic these schools have received $200 billion in k-12 covid relief money. and i'm just wondering where that money is going to go. >> well, not all of it's even been spent yet. it's going to be paid out over the course of years. who knows exactly where it's gone, because it hasn't gone into actually improving education for children. and, by the way, that's the old template, pour more money into it, pour more hundred into it, pour more money into it. parents, they've found their voice, they got the ear of at least one politician in the governor in virginia. it's time for them to start asking real questions of their schools. how much are you spending to educate my children? what am i getting for my tax dollars? what are the scores that my kid -- how does the school compare to internationally?
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parents can't unsee what they've seen, and they should hold everybody accountable from their governors to their local school boards, to their state representatives. and, by the way, 79% of voters in virginia -- or parents in virginia, 69% of voters supported school choice. when you have numbers like that of people supporting a policy, why is it even a question of whether or not it should be done or executed upon? david: and, by the way, before we leave critical race theory, the national school board association which is a liberal organization that has a lot of influence and we saw that with the attorney general because it was their letter to the attorney general that included that phrase domestic terrorists about parents, they later retracted that and said they made a mistake by using that phrase. but it was that phrase and that letter that led to the attorney general to send the fbi to organize these spy groups on parents that so far is still in place. that's not being removed.
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but they're big fans of critical race theory. they've had essays on it, the national association -- and it brings to light the fact that you have this education lobby that includes the national school board association but also includes the aft who have been directing curricula toward these radical policies that parents don't want. >> it's true. and how tone deaf is it when we know all of in that governor -- or trying to be governor mcauliffe, he actually had randi weingarten be one of his last speakers on the campaign trail. i mean, it's so tone deaf that to the republicans can't learn from this -- and this shouldn't even be a partisan issue. when you have that number of voters and overwhelmingly voters who said education was the number one issue, i think 71% of them voted for youngkin, so they're not all republicans. there's independents and a lot of democrats probably crossed
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over to do that because they saw what's happening, and they want a change. david ceafd we should mention, we only have about 20 seconds, but poor people tend to benefit from school choice more than the rich or the middle class who can afford to send their a kids to parochial or private schools. it's the poor folks, if you give them the choice to use their tax money concern. >> absolutely. david: -- they're the ones who benefit host, right? >> absolutely. the money should follow the child. these parents can't afford or to pay the tuition at a private school, but they're the ones that are stuck by zip code and address in really bad schools. and so, yes, school choice for everyone but especially for our low income families. david: and it's thousand become a republican issue -- now become a republican issue. it's going to be interesting to see how it plays out. darla romfo, congratulations for the work you do. >> thank you so much. david: when we come back, the biden administration doubles down on its vaccine mandate as some city and state officials begin to reconsider whether
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mandates do more harm than good. the latest on that debate coming next. ♪♪
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♪ kate david the biden administration pushing ahead this week with its controversial vaccine mandates with the labor d. formally unveiling a rule that requires private businesses with more than a hundred employees to insure that their workers are fully vaccinated by january 4th or tested weekly for covid-19. companies that tail to comply could face fines of as much as $14,000 per worker. the biden mandate comes as some other public officials appear to be reconsidering vaccine requirements with mayor-elect eric adams in new york saying this week that he will revisit the mandate for new york city's
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municipal workers when he takes office in january. we're back with dan henninger, kim strassel and kyle peterson. good to see you all. kyle, first to you. are these mandates, could they be doing more harm than good? >> yeah, i think they could be. there's some polling that suggests that, you know, something like 40% of workers if they're forced to make a choice between this mandate and losing their jobs would prefer to leave their jobs. and it's not clear always how seriously people mean that when they tell it to a pollster, but it's a big issue especially in this economy where businesses are really scrounging to find workers and find help. david: and it's also, kim, a question of what happens to certain real, critical services like police, like nurses, like firemen. there are some cities in which those critical services are really stretched pretty thin right now. >> yeah. and those are also the areas where we're seeing a great deal of the protest and backlash
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existence these mandates because remember -- against these mandates, because remember, we're talking about biden's mandate when it comes to private companies, the option between getting vaccinated or doing legal testing. a lot of these cities have imposed very strict mandates which don't have a testing option, and that's really driving a lot of pushback from these core, essentially services. and as we've talked about it, a time of rising crime and a lot of problems in urban areas already. david: and, dan, there's pushback within these cities. you have the los angeles sheriff, villanueva, suggesting he's not going to force the mandate that the city supposedly has on essential workers. >> yeah, that's right. and, you know, it's become very divisive in new york city as well. people are upset. sanitation -- trash pick-ups are being skipped, fire houses are being closed for lack of firemen. i frankly, david, do not fully understand the politics of this,
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why the biden administration has waded into something like this. this is putting lawyers in the middle of a culture war between their employees and themselves when they're trying to get their businesses back to work when everyone in the country knows there's a worker shortage. and the biden administration looks like it's going to manufacture a greater worker shortage. it doesn't make any sense at this point in the pandemic. david: and, kyle, it's -- the fact that there are no exceptions to these rules, i mean, you have people like dr. marty makary suggesting that, in fact, there should be exceptions for people that have had covid and have natural immunity as long as they can prove that they have the antibodies from natural immunity. they should get a break on this but no. >> and it could be a really wig legal problem for this osha mandate too. there are 24 republican attorneys general who have already threatened to sue over this before the final text of it was released not only on this issue of natural immunity i
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think there's a legal are problem, but also whether osha has the responsibility and the authority to do this. one of the things they're saying is that osha is the workplace regulator, so you think about chemicals, machinery in the workplace. the question is do they have the power to make employers mandate things related to broader threats. could osha make every employer require its employees to get a flu vaccine? my guess is no, but i think we're going to see that play out in the courts in the coming months. david: well, and, kim, it shows once again the blindness of the biden administration to popular pushback against policies that are unpopular. >> yeah. remember too, this was a mistake from the start. they went charging in here in the middle of september when he was facing all these horrible poll numbers because of afghanistan, and they thought that they would change the headlines, divert attention. well, now they're stuck with this policy which is really getting increasingly a lot of pushback across the entire country. david: and, dan, it's a total
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reversal of what they said earlier. i mean, both president biden when he was running for president, jen psaki after he became president said there wouldn't be mandates, and now there are. >> yeah. well, once again the white house has reversed itself, and the question is, is joe biden in the loop on any of this? doesn't look like it to me, david. david: yeah. and, again, going against the science. that's another kind of reversal of what they promised when they were both campaigning when they first came into office. nothing we do will be against the science. well, some scientists say a lot of what they do is against the science. thank you, gang. we have one more break. when we come back, hits and hisses of the week. stay tuned. ♪ ♪
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advantage plans and, you get telehealth coverage with a $0 copay. you get all this for as low as a $0 monthly plan premium in many areas. and your doctor and hospital may already be a part of humana's large network. if you want the facts, call right now for the free decision guide from humana. there is no obligation, so call the number on your screen right now to see if your doctor is in our network, to find out if you can save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. ♪ david: and it is time now for our hits and misses of the week. kim, first to you. >> washington democrats once again failed to pass their federal takeover of state voting laws, once again claimed democracy would die.
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well, my hit goes this week to turnout which proves them wrong. in the virginia governor's race, 700,000 more people voted than the last time the around. in new jersey 300,000 more. even in gop if iowa which passed one of those credded voting reform concern dreaded voting reform bills, turnout was booming. it's voter engagement that hearts. david: right. congratulations, voters. kyle, to you. >> i will give a hit to the supreme court which took a very skeptical look at the new york's treatment of the second amendment right to bear arms. you have to show some special threat to your safety above and is beyond that of your neighbors which means living in a high crime area by itself doesn't count. the justices heard a challenge to this policy on wednesday, and there seems to be some agreement that it's hard to square with the right of self-defense. we'll have to wait and see how far it goes, but it could be a big case. david: and, jillian, to the world of sports. >> my hit goes to enes kanter,
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player with the boston celtics. i think he's extraordinarily brave. he's been speak out existence uyghur genocide in -- against uyghur genocide this china, in opposition to the nondemocratic power of hong kong. it's not going to get him sneaker sponsorship, but good for him. david: absolutely, good for him for that. dan, to you. >> i'm giving a hit and congratulations to the oldest sitting mayor in america, a 97-year-old who just got elected to a second term in denton falls, new jersey. he got elected for the first time in a nonpartisan election four years ago at the age of 93. he walks door to door in the city telling people he was running on basically one thing, lowering their taxes. david: i love it. >> he said this week he thinks he's doing pretty well, and i say it sure looks like it. dade dave absolutely. more 99 7-year-olds and more truck drivers, fewer lawyers,
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that's the solution to our problems. if you have your own hit or miss, tweet it to us @jer on fnc. thanks to hi panel ask thanks to all of you for watching. i'm david asman. paul will be back next week. we hope to see you then. ♪ ♪ arthel: and we are a awaiting any minute now for update dod information about last night's horrifying scene this houston from mayor sylvester turner and other city officials. at least eight people were killed and many more injured at the astroworld music festival. houston fire chief says panic broke out after fans surged towards the stage as travis scott performed. hello, everyone, and welcome to "fox news live," i'm arthel neville. eric: thank you for joining us, i'm eric shawn. the two other big stories that we're following very closely at this hour, president biden

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