pictures with santa 11 to 1. the organ humane society rescues 11,000 pets each year. what you are looking at ardiri winery this saturday. >> geraldo: oregon? >> jesse: that's it for us. "special report" suspect next with bret. >> bret: what's amaze something dana's potty mouth appears this time of year. >> jesse: it's a tradition. [laughter] >> dana: check my schedule and figure out why. >> bret: good evening, welcome to washington. i'm bret baier breaking tonight in the last few minutes receiving word a federal judge in wilmington, square is blocking a biden administration covid-19 vaccination rule for healthcare workers that's coming from the wire services judge applying that ruling nationwide where the mandate is still in effect.

another blow to the administration's efforts on covid-19 mandates for vaccines. also tonight, president biden's twin challenges as he seeks to rebound from sinking poll numbers in part brought on by a spike in inflation and the newest problem a gut punch of another coronavirus variant. those issues and warnings from the fed chair today sent the markets tumbling on wall street. >> the president was on the road today trying to sell the benefits of his biggest legislative victory so far. white house correspondent peter doocy starts us off tonight live from the north lawn. good evening, peter. >> good evening, bret. the markets aren't spooked by the prospects of a government shut down friday because mitch mcconnells is that is not going to happen. the markets are spooked instead by either the pandemic or the president's policies. depends on who you ask. >> it's going to help rebuild the backbone of this nation. >> this is what the white house wants you focused on their one big win, infrastructure. >> this law builds back our bridges, our water systems, our

power lines, our electric grid better and stronger more resilient and resistant to the negative impacts of the climate change. >> the economy is once again in a perilous position because of the pandemic. as the chair of the federal reserve jay powell warned new trouble with jobs and growth to come. >> the recent rise in covid-19 cases and the emergence of the omicron variant pose downside risk to the employment and economic activity and increased uncertainty for inflation. >> higher prices are something republicans blame on biden's big spending. >> democrats did directly legislate a big chunk of this inflation into existence. >> it may be here to stay. >> how long does inflation have to run above your target before the fed decides maybe it's not so transitory? >> i think it's probably a good time to retire that word. >> that word transitory has been used at the white house since the spring. >> our economists have conveyed that they feel that the impact

of our proposals will be transitory. >> even as recently as seven days ago. >> white house officials had previously think inflation is transitory is that still the view of the white house right now? >> that's the true of the federal reserve and outside economic experts most importantly. >> so what word will the white house use instead? >> the question right now is not what you call it, it's what you are going to do about it. >> what do white house officials do when the president goes off script even if it's just to talk to 11-year-old? cue the music. >> hey brady willis how old are you? ♪? >> the president is on his way home right now and home is where democrats are ignoring republican warnings that big government spending is a big driver of government inflation because it is all systems go on the multitrillion dollars build back better social spending plan. chuck schumer said today he expects that to pass the senate by christmas. bret? >> bret: peter, real quick, the administration has run into some

stumbling blocks here as far as getting this mandate for vaccines. we are just hearing that this federal judge has ruled against the mandate for healthcare workers. applying that nationwide. what do they say when they are challenged by legal hiccups. instructing people to move forward. employers keep implementing vaccine mandates for workers even as courts have been saying wait a second, we don't know if this is legal right now. if they don't outwardly say ignore the courts. saying listen to us at the white house. don't listen to judges in whichever circuit are hearing these challenges, so, once the president lands back here in washington, and they start having briefing's again tomorrow and he has some events about the supply chain i would suspect if they continue talking like they have been to hear more of that just do what we have said with these vaccine requirements we

think it's really important regardless of what a judge says, bret. >> bret: law factors in there. peter doocy live on the north lawn, thanks. stocks plummeted today. the dow sank 652. >> the s&p 500 lost 88, the nasdaq fell 245. major drug makers are testing to see if their covid-19 vaccines are being effective against the omicron variant. correspondent jonathan serrie tells us where things stand tonight from atlanta. >> it could take two weeks for laboratory tests in real world surveillance to determine whether the omicron variant is more resistant to current antibody treatments and vaccines. but researchers are concerned about changes to the spike protein. what dr. anthony fauci calls the business end of the virus. >> and these mutations have been associated with increased transmissibility and immune investigation. >> moderna says that could pose a challenge to existing vaccines. >> given the [inaudible] all of

them is going down. >> vaccine developers and federal health officials believe full vaccination plus a covid booster shot will still lower the chances of severe disease. >> i don't know if it will be equally effective at 95 plus pert against the omni krohn but i would be very surprised it would be very, very low. >> it remains unclear whether omicron causes more severe disease previous variants based on case notice south africa. >> the majority of what we are presenting to primary healthcare are extremely mild cases. mild to moderate. >> early indications maybe it's milder but that was mostly looking at young people. so i would be hesitant to call it right now but that is a critical question. we should have more answers soon. >> as a precaution, drug companies are already developing specific vaccines for omicron as well as new treatments. an official at merck tells fox news its experimental pill will likely be active against the

omicron variant although specific studies have yet to be done to confirm this. and late this afternoon, an fda advisory committee voted 13-10 to recommend authorization of this drug for use in nonpregnant adults. now, if it is approved by the fda, this would become the first oral medication to treat covid-19. and the first that patients could take at home. bret? >> bret: i heard admiral giroir speak about that last night. jonathan, thank you. >> sure. >> bret: three students dead tonight several others injured and one student? custody following a school shooting in michigan. it happened this afternoon at oxford high school in oxford township about 30 miles north of detroit. correspondent garrett tenney has the latest from chicago. good evening, garrett. >> bret, good evening to you. the three students who lost their lives were just 14, 16, and 17 years old. two girls and a boy. this past hour we learned that 8 other people were also shot,

including a teacher and are now being treated at local hospitals. police have identified the shooter as a 15-year-old sophomore who they say used a semiautomatic handgun with multiple magazines to fire 15 to 20 shots at objection forksd high school. at first, a lot of students didn't realize just what was happening but then rushed outside in and away from the school when reality set in. >> >> other students barricaded themselves inside of classrooms. the parent of the student who recorded this video told fox 2 in detroit that moments after the shooting had ended, some teens hid under the desk when someone tried owning the door to this classroom and said

sheriff's deputy which they apparently knew from active shooter drills is not what a real deputy would do. the actual deputy confronted the shooter within 5 minutes of the first 911 calls and gave himself up without any kind of a fight. at the police station, he refused to answer any questions and asked for an attorney. >> we will get to the bottom of this. we are executing a search warrant at the suspect's house. as i said he is not cooperating with us at this point in time. >> michigan governor gretchen whitmer and president joe biden also reacting to the shooting. >> this is every parent's worst nightmare. >> as we learn the full details, my heart goes out to the families enduring the unimaginable grief of losing their loved one. >> school at oxford high is canceled for tomorrow and officials plan on giving update later tonight on both the investigation and on the stalls of the victims. bret? >> bret: garrett tenney in chicago. garrett, thank you. speaking of chicago. cooke county, illinois has

surpassed the 1,000 mark in homicides this year. this is the first time the county has eclipsed 1,000 homicides in more than 30 years. almost 800 of those homicides were in the city of chicago. again, with one month to go in 2021. most foreign policy experts have long believed that china, not russia, is the most dangerous threat to the u.s. with each week in recent weeks, based on china's actions, that prediction is coming true. tonight, a fox news exclusive first look at the reagan national defense survey. it uncovers a huge public relations problem for the pentagon. here's national security correspondent jennifer griffin. >> a new national defense survey conducted by the ronald reagan institute found that for the first time a minority of americans, only 45%, have a great deal of trust in the u.s. military. down 25% in the past three years. confidence in the military among republicans fell by 34 points to

53%. the declining trust in the military is occurring more rapidly than other institutions. >> my opinion is a lot of what caused it has been politicians who have roped the military into their own particular agenda and so they become more of a political football recently than they have before. >> only 42% believe the u.s. can win a war overseas. >> we are number two in a world whereas dangerous if not fatal to be second best. >> fox news was given an exclusive look at the survey's findings which saw a seed change in attitude about the threat posed by china. >> we are seeing a huge uptick in this survey in terms of concern about for the first time and we have done this four times. 50% of measure people see china as the country that presents the greatest threat to the united states. by contrast only 14% say russia.

>> those surveyed expressed concerns about u.s. leadership in the world and a possible war in space. a top u.s. space force commander recently warned in an interview with the "the washington post" josh rogin, china is attacking u.s. satellites on almost a daily basis, using lasers and radio frequency jamers, attacks that could be seen as an act of war. >> in addition to building a whole suite of counter space weapons, so they have come a long way very quickly. they are close to being an equal and if they continue at their pace, they could surpass us in the next several generations. >> 88% of those surveyed cyberattacks pose the greatest threat to the nation, bret. >> bret: jen, there has been some developments in this standoff between the oklahoma governor and the pentagon over vaccines. >> that's right, bret. the defense secretary sent a letter today to all the service chiefs and the chief of the national guard outlining the consequences for any national guard not willing to get

vaccinated, including docking payment and barring the unvaccinated from drills and training which could also preclude the guard from accruing benefits like the g.i. bill and accessing the department of veterans affairs if injured on duty. 54% of the army national guard are currently unvaccinated. >> bret: this is a story to follow and ask about. jennifer griffin at the pentagon. jennifer, thank you. jen and i will be at the reagan national defense forum this weekend at the ronald reagan presidential library. "special report" will come to you live friday from simi valley. up next, is actor jussie smollett an attention seeking hokester or a victim? we will have a live update from his trial in chicago. first, here is what some of our fox affiliates around the country are covering tonight. fox 5 in new york where the first officially safe havens for people to use heroin and other narcotics are cleared to eno new york mayor bill de blasio says he hopes supervised injection sites will curve overdoses.

deaths from drug overdoses in the u.s. surpassed 100,000 in the year long period ending in april. fox 6 in milwaukee with the withdrawal of the donor for the man charged with driving an suv through the waukesha christmas parade killing six people and injuring dozens. joseph do mask was representing darrell brooks jr. in two federal felony cases he says he has a conflict of interest because he knows people affected by the deadly attack. this is a live look at philadelphia from fox 29. the big story there tonight, dr. mehmet oz throws his hat into the u.s. senate race in pennsylvania. the celebrity surgeon and television host plans to run as a republican to try to replace retiring republican senator pat toomey. dr. oz now candidate oz will be on sean hannity's show tonight 9:00 p.m. eastern time. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ ♪

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>> bret: a woman testified today she had repeated sexual contact with disgraced financier jeffrey epstein when she was 14 and that ghislaine maxwell was there when it happened. the witness was the first of four alleged victims to testify against maxwell at the start of her trial in new york. she is facing charges she recruited and groomed girls for epstein to sexually abuse. she denies those charges. breaking tonight, the lead investigator in the jussie smollett case is trying to refute the defense notion that police did not adequately look into actor jussie smollett's report of a racial hate crime attack. that was the dominant theme during today's testimony in smollett's trial. matt finn has details. >> good evening, bret. in opening statements, jussie smollett's defense attorney told the jury here that the chicago police department rushed to judgment. well, as you mentioned, the lead chicago police detective in this

case is still testifying right now. he has been testifying all day against that claim. he is reviewing the painstaking detail of smollett investigation testifying the chicago police treated smollett as a real hate crime victim assigning more than 24 officers and detectives to the state. 3,000 police hours, scouring more than 1500 hours of video concluding that smollett staged a hoax. the detective testified that folded police crime protocol asked for phone data and d.n.a. cheek swab but smollett refused to give any. he paid the brothers to pretend to beat him for rope and reted noose red hat appearing as trump supporters. smollett sent to one of the brothers before the alleged attack. might need your help on the low. are you around to meet up and talk face to face. smollett's defense team says the brothers are sophisticated criminals who did not like

smollett. the jury in this case is seven men, four women, majority white and midge aged. one black man a s. seated and one black man is an alternate. smollett's family and mother has been joining him in court. here is one of smollett's brothers today. >> it has been incredibly painful as a family to watch someone you love be accused of something they did not do. all right? we're confident in his legal team. and we look forward to people hearing the actual facts in this case. >> in court right now, jussie smollett's defense attorney is questioning that lead chicago police investigator. they are pointing out that a police search found that there were guns and drugs in the owes brother's apartment sent a message had homophobic slur and attacked a person on the empire set for being gay. >> bret: matt finn, thanks. breaking news we said at the top of the hour that the federal judge has blocked -- issued a

nationwide injunction blocking president biden's vaccine mandate for healthcare workers. that judge is actually from louisiana. the united states district court, the western district in louisiana. judge terry doubty says during a pandemic, such as this one, it's even more foreign safeguard the separation of powers set forth in our constitution to avoid erosion of our liberties. because the plaintiff states have satisfied all four elements required for a preliminary injunction to issue this court has determined that a preliminary injunction should issue against the government defendants. this matter will ultimately be decided by a higher court. it's important to preserve the status quo. liberty interest of the unvaccinated requires nothing less again, a ruling from the federal judge blocking the mandate for vaccines for healthcare workers. we will keep you updated and talk more about it with the panel. media misplays the chris cuomo situation at the cnn and the cover-up of the hunter biden

laptop scandal. first, beyond our borders tonight. talks to revive a nuclear deal with iran appear to have taken a step back after the country's top nuke lahr larr negotiator discussed everything discussed in previous meetings could be renegotiated. that contradicts comments from the european union saying iran accepted the work that had been done already as a good basis to build on. meantime, great britain announcing new coronavirus restrictions to combat the omicron variant. face masks are mandatory now in shops and on public transportation in the u.k. people traveling to the united kingdom must also take a covid test and self-isolate until they receive a negative result. and china says the 2022 winter olympic also proceed as planned. the country's foreign ministry he is the omicron variant could pose some challenges but officials expect the games to run as scheduled. beijing is set to host the winter olympics in early february without foreign spectators and with other

coronavirus prevention measures. just some of the other stories beyond our borders tonight. we'll be right back. ♪ (vo) what's better than giving a better phone this holiday season? oh! i know, i know. giving a better phone on a better network. how much better? ranked #1 in network reliability 16 times in a row better. the most awarded for network quality a whopping 27 times by j.d. power better. yeah. and verizon is ranked #1 in customer satisfaction for small business wireless service better. this round's on me. holiday better with 5g from america's most reliable network. because everyone deserves better. when i heard about the science behind the new hosensodyne repair and protect america's most reliable network. with deep repair i was super excited about it. it shows that the toothpaste goes deep inside

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>> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ >> bret: judges on a federal court expressed skepticism today of claims of executive privilege by former president trump in his effort to keep records about his conversations and actions before and during the capitol riot january 6th away from

congressional investigators. at issue is the extent a former president can claim that privilege and whether courts should intervene in the first place in such a political dispute between the two other branches of government. meanwhile, the former president's white house chief of staff at the time is cooperating with the investigation. mississippi democrat congressman bennie thompson had threatened to hold former chief of staff mark meadows in contempt as he did for long-time trump aide steve bannon. we have new details tonight about from a book about the hunter biden laptop scandal. correspondent kevin corke has the latest tonight. good evening, kevin. >> good to see you, my friend. there is a new round of explosive allegations coming from the post columnist miranda devine. you may have heard of her. she has a new book out it's called "laptop from hell" it alleges that the president sought a 10% cut from a deal with chinese government energy conglomerate cfec the deal according to the book also involved hunter biden as well as the president's brother jim

biden along with tony bobulinski. excerpts from that book published today by the post also detail what appears to be, according to the author, strong evidence of international influence peddling. >> i think the top line is that joe biden lied to the american people during the campaign when he said that he knew nothing about his son hunter's oversea business dealings. there is evidence galore of this laptop of multiple meetings that joe biden had when he was vice president with hunter biden's business partners from overseas. from mexico, from china, from russia. from kazakhstan. >> still, there are a number of allegations in the book. among them joe and hunter biden part of an international influence peddling operation as well as hunter and the president's brother jim making millions, in effect, by selling access to the former vice president and current president. there also appears to be evidence from the laptop that joe biden himself benefited financially from these deals;

however, the white house has repeatedly shot down the allegations, even referring to them as russian disinformation at one point. for some in washington that has little doubt about what actually happened. >> absolute corruption and it's a great problem in america because our elites have become corrupted to such a degree that having this conversation would be impossible in a number of networks because their owners wouldn't tolerate it. >> now, there has been no official word tonight from the white house on the book's claim but it should be noted that previously there was no reported income on joe biden's tax returns supporting any allegations of income related to business dealings to hunter or anyone else. and corporate records reviewed by the "wall street journal" at the time showed no known role for joe biden. bret? >> bret: one to follow. kevin, thank you. >> you bet. >> bret: breaking tonight, cnn is suspending anchor chris cuomo. this comes amid revelations about his involvement in the defense of his brother, then new

york governor andrew cuomo against sexual misconduct. fox news media analyst and host of fox news media buzz howie kurtz has the news breaking just this hour. >> bret, good evening, that news coming moments ago cnn suspending prime time host top rated host statements saying newly released documents point to a greater level of involvement in his brother's efforts than we previously knew as a result we have suspended chris indefinitely pending further evaluation. this is a reference to documents that have come out about his efforts to orchestrate the defense of his brother, the then governor andrew cuomo and the cnn host didn't address it at all last night on his show and he spoke only of why his brother resigned on his sirius xm today. the criticism mounting after disclosures that chris cuomo used his media connections to help the then governor fight shower. allegations. sexual harassment. he should resign if he doesn't

cnn should sack him. rolling stone editor says the shocking ethical breaches would be fireable offenses anywhere else. some texts released by investigators cuomo gathering information on his brother's accusers. i have a lead on the wedding girl referring to anna rubbing who said three days earlier the governor harassed her at a wedding receptionment as for charlotte bennett, an adviser to the governor testified that chris cuomo forward add purported set of documents from her time in college. cuomo denied doing oppo research calls to reporters gather information were business as usual. he told top aid melissa derosa brother's statement about char bennett was poor and he should directly apologize to her and all new yorkers. bennett tweeted today that cuomo had tried to smear her through representable and inexcusable behavior in calling for his firing. andrew cuomo in his video testimony said it would be insane for him to grope anyone and he sparred with investigators. >> do you understand what a

girlfriend is. >> girlfriend means different things to different people. >> even after the suspension cnn chief jeff zucker faces a tough decision because chris cuomo is his top rated host. the problem for the network is appearing to condone conducted generally deemed unacceptable now that new evidence has contradicted some of cuomo's past denials. bret? >> bret: howie, multiple reporting now that cnn is saying it indefinitely suspends chris cuomo. that's a different set up. >> right. it's not saying a week or two. sending a pretty strong message. remember no, penalty. even though some of this came outer months ago chris cuomo now i think there is a signal here it's possible. i don't want to speculate but it's possible his time at the network could be limited based on this indefinite suspension. >> bret: howie with the breaking news, thank you. up next, we set the stage for what could be the most monumental u.s. supreme court case in decades. ♪ ♪

♪ >> bret: bake breaking tonight. we have update in the feud between congresswoman lauren boebert and democratic congresswoman ilhan omar. there is now another incident of bow bart insulting omar correspondent aishah hasnie has the latest tonight. good evening, aishah. >> good evening, bret. representative omar, in fact, is speaking right now about these comments and she is flanked by the only other two muslim members of congress and they say, look, this isn't about hurt feelings. this is about taking real action to protect the greater muslim community. so representative omar just said this and i will read a quote for you. when a sitting member of congress calls a colleague a member of the jihad squad and falsify as story suggests i will blow up the capitol, it's not just an attack on me but on million of american muslims across the country.

now, this all comes hours after a second video emerged of representative lauren boebert making islamic comments about ilhan omar as early as september, watch. >> i looked over well looky there it's the jihad squad. [laughter] [applause] >> now, boebert made comments sparked another feud marjorie taylor greene now attacking her republican colleague nancy mayse for condemning boebert's comments nancy mace is the trash of the g.o.p. conference. you can back up off of lauren boebert or just go hang with your real gal balls the jihad squad. omar has her own history of making controversial comments many of which condemned being

called anti-semitic. house democratic leadership is calling on minority leader kevin mccarthy to take action over boebert's comments. keep in mind, if democrats choose to censure boebert as they did with representative paul gosar, this could put them in a tricky tit-for-tat situation especially republicans take back the house as early as next year, bret. >> bret: something to watch. aishah hasnie up on capitol hill. thanks. tomorrow is a huge day at the u.s. supreme court. justices will hear arguments about a mississippi abortion law. it's possible their eventual ruling could overturn one of the most controversial and talked about decisions in the court's history. correspondent david spunt reports tonight from the supreme court. >> [chanting] >> nearly half a century after women were granted a constitutional right to an abortion, that right may soon look drastically different. >> i was using birth control

responsibly. it failed. so i'm devastated. >> barbara phillips incident went the controversial procedure in mississippi in 1973. the same year roe became the law nationwide. over the years, pro-life groups aggressively tried and almost came close to overturning roe but it never happened. this time, thanks to a 6-3 conservative majority. it may. the nine justice also hear arguments over a mississippi state law banning abortions after 15 weeks. according to roe. abortions are legal up to 24 weeks. when a baby is determined to be able to survive outside the womb. the mississippi case highlights states' rights vs. respect for court precedent. in this case, 48 years of precedent. >> the court is going to decide whether or not people are going to be able to enjoy their right to choose for themselves whether, when, and how to have a child. >> pro-life supporters say never become law and now is the time to make a change in the name of

children. mississippi attorney general lynn fitch is leading the charge to overturn roe. >> it's time. it's been nearly 50 years. the reality is this is a rule of law question. it's time to return it to the states. >> meaning, for examples, the state legislature in nevada may outlaw the procedure but lawmakers in california may allow it, which may cause women to cross state lines or seek even more dangerous methods. >> i do believe that many of us will go back to coat hangers and back alleys. you know, women will find ways to terminate pregnancy. >> case will be decided by early july in the middle of the 2022 midterm election year. bret? >> bret: we will follow it all. david spunt at the court. thanks. up next the panel on president biden's economic push. the latest challenge the omicron variant as well as the mandate ruling we have been talking about and the breaking news minutes ago cnn indefinitely

suspending chris cuomo. a lot to talk about after this. ♪ ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪

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145789 ailings. mara liasson national public radio. bill mcgurn columnist for the "wall street journal" and katie pavlich news editor at town hall.com. mara, it seemed like this was building throughout the day. obviously a lot of people saying something has to happen. cnn has done something as they investigate further. >> yep, as they investigate further and, look, he always was in a difficult position. his brother was the governor of new york. that makes it even more important to have really strong firewalls between a journalist cuomo and elected official cuomo and cnn is going to have to finish this investigation and decide what to do. >> bret: katie, what he said publicly, chris cuomo, is not what was seen privately in those texts and emails. >> yeah, bret.

this is something that we knew months and months ago over the summer. it was obvious that chris cuomo was writing and approving statements for the governor's office that were then officially posted on the new york state's official government website. it wasn't a matter of just family dealings. it was a matter chris cuomo being an adviser to his brother while also claiming to be a journalist and now we are seeing this onion being pealed back even further and that chris cuomo was going after his brother's accusers which, according to the report that letitia james put out a lot of those accusations by those women were true. and so, you know, chris cuomo was afforded to a lot of privilege because his brother was the governor of new york and now we are seeing as a result of that the opposite is now true and the boomeranging back on him and now accountability for behavior that has been going on for months and months. >> bret: bill, cnn in part, in their statement says: when

chris admitted to us that he had offered at vice to his brother's staff he broke our rules and we acknowledged that publicly. but we also appreciated the unique position he was in and understood his need to put family first and job second; however, these documents point to a greater level of v in his brother's efforts than we previously knew. as a result. we have suspended chris indefinitely pending further evaluation. >> yeah. look, i think cnn is right there. look, let's be clear, cnn brought this on themselves. this is just karma coming back. cnn allowed chris cuomo, as a working journalist, to cover his brother. despite the manifest conflict of interest. now, we found out, as you pointed out, that some of chris cuomo's statements to the cnn audience about the extent of his involvement were misleading at best and lies at worse. so, they never should have been in this position in the first place. and what a come down from two years ago when, you know,

governor cuomo was being extolled and chris cuomo looked like the unbeatable host. i mean, there is some basics in journalism about conflicts of interest. and they just ran roughshod over them and now they are paying the price. it's not all chris cuomo. cnn, you know, gave him the blessing to go on with his brother. >> bret: i want to turn topics and we will obviously follow this story and where it goes and what happens with cnn and chris cuomo. but, the omicron variant is obviously dominating people's thinking and so are these mandates and vaccine mandates. and just at the top of this show, a federal judge in the district -- western district of louisiana, ruled that the healthcare mandates for healthcare workers to get vaccines cannot be upheld there needs to be a stop of that. nationwide and says a higher court is going to weigh in on this. mara, this is significant in

that these courts are making a stand sayings probably the supreme court is going to have to weigh in. >> yeah, sounds like it's going to go all the way to the supreme court. the question is in some cases are there are vaccine mandates and other cases there is a choice. can you get a vaccine or be tested weekly. that's a choice. so it depends on whether it relates to healthcare workers or employers who have more than 100 employees but, yes, it sounds like this is going to go all the way to the top. >> bret: katie, sarah tweeted in as a school bus driver, a district -- our district is going ahead with requiring registration for the mandates. deadline is january 3rd. know that he that at least four drivers who will not comply. four is a small number compared to what we have heard from different law enforcement, fire, healthcare workers, it's a big issue. >> yeah. we have seen the consequences of this mandate play out in shortages of law enforcement, firefighters, as you said. teachers in some cases. and bus drivers and healthcare workers. and the shoot down of this

vaccine mandate for healthcare workers across the country today comes on the heels of the ruling yesterday on the ruling out of missouri who argued that the mandate for medicare and medicaid workers or federal contractors working for medicare and medicaid have a number of problems with it the first being that congress didn't pass it. the second being that it's arbitrary and capricious. there is a number of reasons why they can't enforce it. and the fourth being that the risk and consequences for a shortage of healthcare workers, especially in rural areas, with far worse than unvaccinated workers continuing to work inside of these government healthcare facilities or contracted jobs. and so, when you look at the way the administration has handled, this they said six months ago that they didn't have a mandate to do this. they weren't going to implement any kind of vaccine mandate. well, that has changed. nancy pelosi the speaker of the house saying they didn't have the power or ability to institute mandates. they knew this was not constitutional. they knew they couldn't do it. they tried to get osha to do it which is not plymouthing it at

the federal level now. and so, we saw this coming. they used it for months to try and push their agenda. but court after court continues to say there are a number of problems with this vaccine mandate for the private sector and for the government. >> bret: all right. bill, the administration surely is going to appeal this. it is going to go forward. >> what is the argument from the mandate side? is it it the public good and is did is it legally tenable? can you make that case in the court of law? >> well, it certainly the public good and it depends on which mandate you are talking about, what the legal basis for it is. i mean, the osha basis is very, very small. look, i think katie alluded to this. the problem, again, this is karma coming back in 2020, joe biden politicized covid. you know, he promised that he would be the guy that shut it down. he wouldn't use mandates. president trump was -- shouldn't be president because there had

been 220,000 deaths. the travel ban was basically racist. it was aimed at black and brown people. now he has reversed himself on all these things. there is 350,000 deaths. so he is paying a price for this. and the worst thing of all is that none of it seems to be working. i think the biden administration is giving off vibes that it is artless and inept and that the president is in way over his head and doesn't know whether a to do. you know, it's one thing -- in some senses i think it almost doesn't matter what the courts say about the mandates. i believe that the white house just did this to look like they are doing something. you know, if it's overruled later, it is kind of a footnote by that time. the problem is none of what they are doing works. >> bret: yeah. all right, bill. the double-barreled karma analysis. that's pretty good. thank you very much, panel, thanks. a condensed show today. when we come back, tuesday tweets. ♪ ♪

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♪ so light 'em up, up, up light 'em... ♪ . >> bret: finally tonight, our tuesday tweet #sr twitter tuesday from dan first bret how do you think redistricting will change the balance of power in the house after the next election. could be significant. republicans control 30 state houses, democrats 17. plus, republicans red states gained seats from the census so it's a big deal. we have matt who asked will you ever have the full panel back in the studio. yes, working on it make asks what was your favorite christmas gift as a child chi chi rodriguez golf clubs when i was 7. finally bree asks will you come to arlington national cemetery and lay wreaths with my friends and i at section 600 on decembe? yes. i will bring my family, too. nice job. thanks for ininviting us into your home tonight, that's it for "special report." fair balancenned and unafraid. "fox news primetime" hosted by

pete hegseth starts in just a few seconds but, pete, have you ever done that? that is something else to lay the wreaths at arlington national cemetery. >> pete: man, you hit a note. i want to bring my kids. i want to go there. i want them to experience it. it's on my calendar. >> bret: let's do it you and me. >> pete: let's see if we can do it. i would love it do it with you. awesome tradition. good on you, bret. ♪ ♪ >> pete: i jumped the gun, good evening, america it's 7:00 p.m. on the east coast and 6:00 p.m. in god's country which means it's time for "fox news primetime." i'm pete hegseth. tonight we start again with omicron. while the leftist media freaks out over new covid variant the timing could not be better for our nation's autocrats, you know, the democrats. because as recent polling shows america has had enough of their other big government policies. just look at joe and kamala's approval rating sinking faster than chris cuomo's credibility and his, well, his ratings that