Skip to main content

tv   Special Report With Bret Baier  FOX News  January 13, 2022 3:00pm-4:00pm PST

3:00 pm
from their owner. they weigh 200 pounds and they are about 9 feet tall. so can you imagine them running rampant all over the place a pack of ostriches and come out for a cigarette and get mowed down by the ostriches. >> dana: they have a zero covid policy. that's outrageous. >> judge jeanine: it is. 20 still on the loose in china. xi jinping is looking for them. >> dana: that is it for us. bret baier. >> bret: i'm taking the 20/30 on geraldo. welcome to washington. breaking tonight, two big stories. the u.s. supreme court deals a major blow to president biden's pandemic strategy ruling vaccine mandate for large private businesses cannot stand. the court did, however, uphold his requirement for most healthcare workers. we will bring you that also tonight, the president admits he is not sure his elections and voting rights legislation can pass congress this year. just before that concession, two
3:01 pm
democratic senators tripled down on their opposition to senate changes that would be neededs to pass the bill. first the u.s. supreme court and what the decision means for the president and the nation. fox news chief legal correspondent and anchor of fox news at night shannon bream joins us now. good evening, shannon. >> hello, bret, in that pair of split decisions the supreme court handed the biden administration both a major loss and a smaller victory. in blocking a workplace vaccine mandate that would have impacted more than 80 million american workers 6-3. supreme court held when it comes to osha congress, quote: had not given that agency the power to regulate public health more broadly requiring the vaccination of 84 million americans selected simply because they worked for employers with more than 100 employees certainly falls in the latter category. that means the federal vaccine mandate, as well as the masking and testing option cannot be enforced. the joint dissent was authored by justices breyer, sotomayor and kagan.
3:02 pm
today we are not wise in the face of a pandemic. charged with protecting worker safety that it may not do so in all the workplaces needed. president biden says he is disappointed that the court has, quote: chosen to block common sense life-saving requirements for employees at large businesses that were grounded squarely in both science and the law. he will went on to your knowledge private businesses to institute vaccine mandates on their own. that second case which saw chief justice roberts and justice kavanaugh join with the court's three liberal justin justices the court refused to put a hold on a vaccine mandate that applies to employees, contractors and volunteers at facilities that receive federal dollars through medicare or medicaid. quote the hhs secretary determined that a covid-19 vaccine mandate would substantially risk the likelihood that healthcare workers will contract the virus and transmit it to their patients. we, accordingly conclude, that the secretary did not exceed his statutory authority. justice thomas dissented, quote
3:03 pm
these cases are not about the efficacy or importance of covid-19 vaccines. they are only about whether cms has the statutory authority to force healthcare workers by coercing their employers to under go a medical procedure they do not want and cannot undo. so, for now, the osha mandate will be on hold in the so-called healthcare worker mandate will remain in place. technically, bret, these cases are still to be tried on the merits in the lower courts. >> bret: all right, shannon, we will see you don't. thanks. after a fiery speech in atlanta tuesday, comparing opponents to his voting rights legislation with racists and segregationists president biden went to capitol hill this afternoon to rally democrats on that voting rights bill and changes to the senate filibuster to make it happen. but, after all the heated rhetoric this week today did not go according to plan. congressional correspondent chad pergram has our story from the hill. >> president biden stymied again
3:04 pm
by democrats. this time on the filibuster to pass voting rights. >> i hope we can get this done. the honest god to answer is i don't know if we can get this done. >> joe manchin and kyrsten sinema support voting rights legislation but won't change the filibuster in order to pass the measures. >> and while i continue to support these bills, i will not support separate actions that worsen the under lying disease of division infecting our country. >> democrat reuben ripped his arizona colleague. >> we won't shrink from protecting our democracy and the voting rights of all americans. it's past time for the u.s. senate and senator sinema to do the same. >> sinema defended the filibuster custom. >> to save the country from radical policies, depending on whether you serve in the majority or the minority. the senate 60 vote threshold has proved maddening to members of both political parties in recent years. >> it's a point i have been
3:05 pm
making for a an awful long time and she has to. we need changes to make the senate work better not getting rid of the filibuster. >> it's another whip for the president the third time biden visited capitol hill since fall and filed immediately secure democratic support for his agenda. earlier on infrastructure and build back better. senate majority leader chuck schumer now threatening his own members that they are on the spot opposing a filibuster change. >> all of you was must make a choice about whether or not we will do our part to preserve our democratic republic. >> republicans say democrats are focused on the wrong thing as the virus surges. >> there's a path forward for my democratic colleagues to respond to the country they have so badly disappointed. but it isn't to try to break the senate. >> manchin and sinema are meeting with the president tonight. it's always about the math here on capitol hill, of course. even if democrats had the votes to change the filibuster, they
3:06 pm
could not do it right now. democrats need all of their members to vote and hawaii democrat brian schotts is now sidelined with covid. bret? >> bret: chad pergram on the hill. thanks. more on this with the panel. one of the man accused of leading last year's capitol riot has been arrested. the head of the oath keeper's group is facing serious federal charges tonight. correspondent david spunt reports from the justice department. >> hours ago in texas, fbi agents took stuart, the head of the far right militia group oath keepers had into custody for alleged involvement before and during the january 6th 2021 attack on the capitol. according to the nearly 50 page indictment, rhodes and 10 others face charges of seditious conspiracy marking the first time the justice department brought the charge since the attack itself. seditious conspiracy is defined as attempting to overthrow, put down or destroy by force the government of the united states.
3:07 pm
the maximum sentence 20 years in prison. >> i think it's extremely serious. not many people in the history of this country have ever been charged with sedition. >> according to the indictment the oath keepers planned the attack following the november election. allegedly bringing guns, knives, camouflage and other military tactical items to the capital city. according to the document, during the melee, rhodes messaged his group that vice president pence is doing nothing. as i predicted, rhodes added. all i see trump doing is complaining. i see no intent by him to do anything. so the patriots are taking it into their own hands. they have had enough. authorities say some oath keepers stayed outside of the capitol organizing what they called quick response force teams to transport weapons. >> that indicates military-type planning. military type tactics. and i think the oath keepers, their name actually stems from the -- they target and recruit former military, former first
3:08 pm
responders, former law enforcement. >> the charges come just one week after attorney general merrick garland refusing to bow to pressure announced the overall investigation is still underway. >> the actions we have taken thus far will not be our last. >> bret, as of tonight, the justice department has charged more than 730 people with that january 6th attack. but there is no reading tonight if future defendants will be charged with seditious conspiracy as we saw in this specific case. bret? >> bret: david spunt at the justice department. david, thanks. house minority leader kevin mccarthy refusing a request by the house panel investigating the capitol riot on january 6th to submit to an interview. and for him to turn over records pertaining to the incident. >> there is nothing that i can provide the january 6th committee for legislation of them moving forward. there is nothing in that realm. it is pure politics of what they
3:09 pm
are playing. >> bret: mccarthy's refusal forces the committee to consider a subpoena for the top republican in the house. let's talk about all of tonight's legal issues jonathan turley is a professor at george washington university law school. jonathan, thanks for being here. >> thank you. >> bret: let's start with the supreme court. there were a lot of reading through the tea leaves in the arguments by the way the questions were coming out that this might be a split decision how did you see it and the fact that the white house chief of staff plays heavily into the osha ruling part of this? >> well, this is how i did see it after the argument. i thought that it would be a split decision. that the administration would lose the really major case, which is the osha mandate. buff they would eke out a victory on the smaller case, which is dealing with healthcare workers. the reason that second victory happened is because a couple of the justices said, look, we
3:10 pm
don't even have the regulated parties complaining about this. this is a closer nexus to the healthcare of these workers and their patients. so it's pretty clear from oral argument that they weren't as moved. you will note, they came within one voting of losing even that one. but the real hay maker was on osha. and, there, the justices said that this really is about democracy. you know, one of the recurring themes of the democratic party by the justices were taking a different view. they said this should be handled in the democratic process. this should be handled by congress. this is what is called a major question. and they really -- three of the justices wrote a separate decision saying we are not supposed to be ruled by a fourth branch of government, essentially. that the agencies aren't given this level of discretion and authority. so, the court came down with a very strong opinion that this authority never did exist. and in ruling that way, they
3:11 pm
took out one of the key components of president biden's pandemic policies. >> bret: jonathan, just by these rulings, does it tell you anything about how this court is structured for other rulings, potentially? >> well, this really was revealing of what we already know, which is that roberts remains that moderating force. and he has become sort of the swing vote on this court. but, also, that kavanaugh does follow his lead. you know, when kavanaugh was nominated, i wrote a column saying for president trump looking for someone not like roberts, he couldn't have picked someone that looked more like roberts. they have the same temperament. they have the same view. and so we really saw that play out here. but there is still a strong conservative majority, particularly on issues like will deference to agencies. >> bret: quickly, the charge,
3:12 pm
the unsealed indictment of the oath keepers founder stewart rhodes with seditious conspiracy. that's a big deal. >> yes, bret. we talked about the oath keepers in the past. it was clear when we watched that unfold there was a hard core group that came prepared. they had dangerous items and dangerous intentions. and this is that indictment that has finally come down. but out of over 700 people indicted, thousands investigated, there really is only 11 thus far that have been tagged with this sort of seditious charge. and, you know, the indictment is quite strong. what's interesting is whether the republicans are going to make a big deal out of the fact that the indictment seems sort of clear trump in one respect in that you have the head of the proud boys, at least in this group, expressing frustration that president trump is not willing to do more than talk.
3:13 pm
that may be played back by the other side to combat a broader conspiracy of sedition. >> bret: jonathan, as always. thank you. >> thank you. >> bret: stocks were down today the dow lost 177. the s&p 500 gave back 67, nasdaq fell 382 today. up next the supply chain crisis and why the prices you are paying are still rising. first, here is what some of our fox affiliates around the country are covering tonight. fox 17 in grand rapids, michigan as governor whitmer's administration disputes the methodology and conclusions in a pending report expected to say there were nearly 30% more coronavirus related deaths tied to long-term care fiflghtses in michigan than reported by the state. state government is citing what it calls serious concerns in the auditor's cawngzs. fox 26 in fresno, california as hundreds of employees at a hospital are in self-isolation following covid-19 exposure. the community medical center in fresno announced 717 employees
3:14 pm
would remain in their homes following the coronavirus protocols to self-isolate. it says 690 of those staff members have tested positive for covid. and this is a live look at new york. one of the big stories there tonight from fox 5, our affiliate, major league baseball and its players hold their first bargaining session since a lockout began december 2nd. the owners were expected to make a new proposal regarding core economic and competitive issues. we will follow that. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ i'm ready to play today ♪ put me in coach ♪ i'm ready to play today ♪ look at me ♪ i can be center field ♪ ♪ teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity & gum gives us the dual action effect
3:15 pm
that really takes care of both our teeth sensitivity as well as our gum issues. there's no question it's something that i would recommend. expand your limits in the 2022 lexus gx with apple carplay support. get 2.49% apr financing on the 2022 gx 460. ♪♪ hi, i'm debra. geti'm from on the 2022 gx 460. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life. i may have moderate to severe rheumatoid arthritis. or psoriatic arthritis. but we are so much more. we're team players and artists.
3:16 pm
designers and do-it-yourselfers. parents and friends. if joint pain is getting in the way of who you are, it's time to talk to your doctor about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit to see how your joint damage could progress. enbrel. eligible patients may pay as little as $5 per month.
3:17 pm
3:18 pm
♪ >> bret: officials at buckingham palace say prince andrew's honor military titles and royal patronages have been accused queen elizabeth second with her approval and agreement. 150 army and navy veterans written to the queen asking to strip andrew of military ranks
3:19 pm
and titles after a u.s. judge saying a sexual harassment could go ahead. the prince denies the allegations. a senior officials with the world food program says afghanistan is facing a tsunami of hunger because of a shortage of funds to keep the supply intact. the country is teetering on the edge of economic ruin since the u.s. military withdrawal and subsequent takeover by the taliban. the agency says more than half the population is struggling to find food this winter. secretary of state anthony blinken says the u.s. still does not know what the illness known as havana syndrome is or who is responsible for it the comments come after additional diplomats were reported ill in paris and geneva. blinken says the entire federal government is working to get to the bottom of the illness which has afflicted almost 200 diplomats officials and family members overseas. symptoms including migraines,
3:20 pm
nausea, disiness first reported among u.s. officials in the cuban capitol in 2016 now to the supply chain crisis. president biden has blamed broken system for rising prices and shortages of good goods. while the situation has improved consumers are not seeing lower prices. news correspondent william la jeunesse tells us why tonight from southern california. >> omicron variant is having a bigger impact on supply chains than the delta variant. >> from manufacturing to port congestion, deep demand already had supply chains at capacity. omicron experts say means shortages and higher prices will continued. >> big thing i thought i was seeing rays of sunshine coming for supply chain but omicron just smothered those. >> with manpower shortages workers are demanding higher wages, especially in trucking. >> the average cost for truckers moving goods used to be 300 to
3:21 pm
$500 locally is now 700 to $1,000. >> david harlow is a freight consultant in los angeles, where earlier this week the transportation secretary gave port workers credit for helping save christmas. >> one of the reasons why christmas was not, in fact, canceled ports like l.a. and long beach moved record levels of goods. >> turtle bottlenecks have improved 104 container ships are waiting or en route to the l.a. ports. according to a recent study california farmers lost 2 billion in export sales in five months because of supply chain congestion. >> exports are down 22% statewide in this $3 billion almond crop. that's significant. that's a burden we have never had. >> darren is a almond farm near fresno. 8 in 10 return to china empty. shipping companies find it faster and five times more profitable than u.s. exports.
3:22 pm
>> we are seeing the steam ship lines sending empty containers back to refill so they can import more product in rather than sending back hauls filled with american made products. >> while americans continue buying record amounts of chinese products, china is $70 billion short of its obligation to buy more american products under a 2020 trade agreement. that is a deficit, u.s. officials promise, to address. bret? >> bret: william, thank you. president biden calls on the military to help deal with the omicron surge. we'll bring you that first, beyond our borders tonight, a train derailment in india leaves at least five people dead and 145 injured. 12 cars went off the rails and three capsized. show the scene with passengers stuck in twisted metal and debris as rescuers rushed to pull them out. a top russian diplomat is refusing to rule out a military deployment to cuba and venezuela if tensions continue to mount with the u.s. russia's deputy foreign minister
3:23 pm
says he can neither confirm nor exclude the possibility of russia sending military assets to those countries if the talks over ukraine fail. and this is a live look at london from earth tv. the big story there tonight or one of them, officials say the self-isolation period for people testing positive for covid-19 in the u.k. will be reduced next week to five days, instead of seven. the british health secretary says early signs indicate the rate of hospitalization from the coronavirus, specifically omicron in that country, is starting to slow. just some of the other stories beyond our borders tonight. we'll be right back. ♪ all by myself ♪ don't want to be ♪ all by myself ♪ try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein.
3:24 pm
boost® high protein also has key nutrients for immune support. boost® high protein. cough cough sneeze sneeze... boost® high protein also has[ sneezing ]ts needs, plop plop fizz fizz. alka seltzer plus cold relief. dissolves quickly. instantly ready to start working. so you can bounce back fast with alka-seltzer plus. now available for fast sinus relief. with my hectic life you'd think retirement would be the last thing on my mind. hey mom, can i go play video games? sure, after homework. thankfully, voya provides comprehensive solutions and shows me how to get the most out of my workplace benefits. what's the wifi password again? cool. thanks. no problem. voya helps me feel like i've got it all under control. because i do. oh she is good. voya. well planned. well invested. well protected. ♪ ♪ i was not expecting to learn about my heart health voya. well planned. from my genetic reports. but now that i have this info it feels like i can take even more control of my health.
3:25 pm
it's the most meaningful way to start the new year. now just $129. ♪ ♪ (vo) verizon is going ultra! and so is manny! event planning with our best business unlimited plan ever! with 5g ultra wideband now in many more cities and up to 10 times the speed at no extra cost,
3:26 pm
the downloads are flying fast! verizon is going ultra, so your business can too. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair.
3:27 pm
♪ >> bret: president biden is promising a billion tests and is sending the military to a half dozen states to fight the raging omicron surge. the president announced a new coronavirus strategy today amid increasingly dismal pull numbers as he closes out a rocky first year in office. white house correspondent peter doocy joins us tonight live from the north lawn. good evening, peter. >> peter: good evening, bret. this is a president who said on his first day that it was time to set aside the politics and face the pandemic as one nation.
3:28 pm
but in the time sense, the pandemic has become more widespread and the politics may be even more divided. >> when you need something done, call on the military. [inaudible] >> peter: as commander-in-chief he can do that. even though health officials say omicron now makes 98.3% of u.s. cases and is less deadly than delta -- >> omicron is less likely to get you in the hospital. >> peter: hospitals are so overwhelmed by the record number of new cases the president had the pentagon backfilling field hospitals in new york, new jersey, ohio, rhode island, michigan, and new mexico. >> a total of more than 120 military medical personnel to six hard hit states. >> covid communications in the west wing remain confusing as the vice president offered this about sending a promised 500 million free at home tests. >> i have to look at the current information i think it's by next week. >> not next week.
3:29 pm
a white house official clarifies for the vp, 500 million test also be sent out later this month. still harris insists the white house should not change anything. >> it is time for us to do what we have been doing and that time is every day. >> peter: but they are changing things. now promising up to 1 billion free at home tests and access to n-the 5 or kn 95 masks. >> i think it's patriot duty it's not that comfortable. it's a pain in the neck. >> to critics, it's too little, too late. >> what do we have shortages in testings shortages in treatment. >> daily briefing. foreign policy and the effort to keep putin from invading ukraine. >> we are prepared to respond if russia acts. >> we know president biden and putin have spoken privately in recent weeks. it's unclear if he spent much time speaking with his new covid testing czar though as he
3:30 pm
struggled to pronounce the name of dr. tom engels be. >> dr. tom -- i hope i pronounce it -- engel -- edges gelsby. correct? is that right? >> engelsby, the new edition to the whole of government response that officials around here talk about even though big parts of the government, like the supreme court today are making it tough for the president to respond to the pandemic the way he wants. bret? >> bret: peter doocy, live on the north line. thanks. more on this with the panel. housemakers have been given new masks to wear on the chamber floor with made in china stamped on the side. fox news received a photo of one of the distributed masks. the house physician recently ordered lawmakers to replace their cloth masks with n 59 or kn 95 masks. the head of the republican doctor's caucus call it -- calls it an example of our inability to protect and treat americans without relying on our
3:31 pm
adversaries. house speaker nancy pelosi's office has not responded to our request for comment. meantime the top republicans on three house committees investigating the origins of the coronavirus pandemic have written president biden claiming they have received unsatisfactory responses or no response at all to information requests from government agencies. congressional republicans are investigating whether the pandemic began with a laboratory leak in wuhan and what role federal research grants may have played in potentially dangerous research in chinese government labs overall. what to do about children in schools remains one of the most difficult and emotional issues in the recent omicron surge. correspondent bryan llenas reports tonight from brooklyn. attendance at public schools across the country is hitting unusually low levels. >> do we feel safe in our school building? >> no. >> tonight, schools nationwide are seeing far fewer students in classrooms. the attendance rate in new york
3:32 pm
city, the nation's largest school district is down to 76%. in los angeles, chicago, and boston, school attendance is hovering around 70%. it's all 20% lower than the typical rate. houston and miami fairing much better at 90%. the drop comes amid a record 580,000 kids testing positive for covid nationwide, forcing even more into quarantine and convincing anxious parents to keep their healthy kids at home. meanwhile, staff shortages are forcing thousands of public schools to temporarily cancel in person learning. the minneapolis school district will go to remote learning for the next two weeks. in maryland's montgomery school district, the situation is so dire it has requested the national guard to fill in for sick bus drivers. >> i applaud them for being creative and looking to solve this problem. to me i see lots of band-aids on how to keep kids in school. >> in kansas, the state's board of education eased requirements for substitute teachers.
3:33 pm
anyone over 18 hundreds of parents in pal alto, california are volunteering at schools doing anything from light kris custodial work to food services. >> without this i can't look into a camera and say we are going to be open tomorrow. and with this i can. >> since 2020, the federal government has sent $190 billion to school districts to keep schools open. but little is known about how that money has been spent to prevent school closures. >> i think that the majority of parents and guardians throughout the country feel the very same way. remote instruction en masse should be and will be in our rear view mirror. >> on tuesday students walked out of brooklyn tech high school behind me in protest demanding remote learning today despite vowing to keep schools open. new york city mayor eric adams said ultimately that, well, given the low attendance rate in schools that now a temporary remote option is now under consideration. bret? >> bret: bryan llenas live in brooklyn, thanks.
3:34 pm
up next our midterm focus on a key senate seat republicans want to flip. ♪ >> you look at the last 30 years of maryland electoral politics, it had democrat consistently. it's certainly a long shot but why not? ♪ ♪ so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit
3:35 pm
3:36 pm
it's time for our lowest prices of the season on the sleep number 360 smart bed. what if i sleep hot? ...or cold? matching your job description. no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically
3:37 pm
adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. don't miss our weekend special. save up to $1,000 on sleep number 360 smart beds. plus, 0% interest for 36 months and free premium delivery when you add a base. ends monday.
3:38 pm
♪ >> bret: breaking tonight, baltimore states' attorney has been indicted on federal charges of perjury and filing false loan applications. marilyn mosby is accused 6 lying on loan and mortgage documents. the democrat is running for a third term this year. the indictment alleges that she asked for a $40,000 withdrawal from a city retirement account, citing covid financial hardship though her salary increased. mosby is famous for her role as the top prosecutor in the freddy gray case police brutality case. ♪ ♪
3:39 pm
>> tonight's focus on the midterms we look at the senate race in maryland. republicans are trying to flip a seat that has traditionally gone to democrats. to do that, they are trying to get a popular republican governor to run. here is senior national correspondent rich edson. >> the last republican to represent maryland in the united states senate charles mathias. he retired in 1987. fewer than one in three maryland voters supported president trump in 2020. yet a popular republican governor, an unpopular democratic president and surprising g.o.p. success in last november's election have senior republicans aiming for upset here. >> i'm hopeful that we will continue to see great people get in the race. i think governors do very well in washington, d.c. >> senate minority leader mitch mcconnell moderate senator susan collins and other republicans are pushing maryland governor larry hogan to run against incumbent democratic senator chris van hollen in this year's midterm elections. republicans need to gain one
3:40 pm
seat to assume control of the senate. hogan's term as governor expires next january. he has made no commitments on his next step. >> i care about the future of the republican party and the future of the country. you know, i'm not sure what i'm going to be doing next year. >> hogan tells fox news, quote: while i appreciate the encouragement and outpouring of support, as long as i have the honor to serve as governor, i'm going to give this job everything i have got. a new gonzalez poll shows hogan has a 74% approval rating. 20 percentage points higher than president biden's maryland rating. >> waive year similar issues that compelled glenn youngkin right next door to maryland that could potentially play in the d.c. suburbs and get maryland voters to flip over to republican. and if any year they are going to win a seat in maryland, this is going to be it. >> president biden won virginia in 2020 by more than 10 percentage points. republican glenn youngkin will be sworn in as virginia's governor this weekend. and in heavily democratic new jersey, the republican challenger came within three
3:41 pm
percentage points of democratic governor phil murphy. those republicans ran campaigns largely avoiding former president trump, hogan has criticized president trump over his pandemic response and refusal to concede the 2020 election. bret? >> bret: other political news, rich, on the presidential level. the republican party now threatening to pull its presidential nominee from presidential commission debates? >> yeah, that would be at its meeting next month to prohibit the g.o.p. presidential nominee from participating in general election debates that the commission on presidential debates runs. rnc chairman ronna mcdaniels writes, quote: so long as the cpd appears intent on stonewalling the meaningful reforms necessary the rnc will take every step to ensure that future republican presidential nominees are given that opportunity elsewhere. it's unclear where that would be. the cpd organizes debates between the major party nominees has nothing to do with those massive primary debates.
3:42 pm
cpd says it's neutral, fair and deals with the candidates, not the political parties. bret? >> bret: might be the first step in a negotiation. we will see. rich, thanks. former hedge fund ceo david mccormick is officially entering pennsylvania's u.s. senate race. the west point graduate and gulf war veteran has the support of various state party stalwarts and veterans in former president trump's administration are advising his campaign. he faces several republican primary challenges but -- challengers but strongest among them dr. mehmet oz. california's governors rejecting a parole request for the man who assassinated senator robert f. kennedy in 1968. gavin newsom calls the murder by sir han sir han one of america's most notorious crimes. he says sir han lacks the vaccine mandates and what comes
3:43 pm
next for voting rights. ♪ i earn 3% cash back at drugstores with chase freedom unlimited. so i got cards for birthdays, holidays, graduations, i'm covered for everything. which reminds me, thank you for driving me to the drugstore. earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours.
3:44 pm
3:45 pm
3:46 pm
♪ >> we need some good rules changes and we can do that together. you change the rules with two thirds of the people that are present so if democrats and republicans changing the rules
3:47 pm
to make the place look better. getting rid of the filibuster doesn't make it work better. >> while i continue to support these bills, i will not support separate actions that worsen the underlying disease of division infecting our country. the debate over the senate 60 vote threshold shines a light on our broader challenges. >> i hope we can get this done. the honest to god answer is i don't know whether we can get this done. >> bret: two democratic senators tripling down before the president goes up there to talk to democrats about voting rights legislation and changing the way the senate works to get that done. those senators are now at the white house; however, let's just review the past four days for the biden administration and this president. the cdc fact checks liberal justices pushing the vaccine mandate. americans, largely lose faith in the cdc, at least by what they say to pollsters. finding a covid test is hard around the country. record cases around the country. hospitals reaching capacity. the president pivots to a voting
3:48 pm
rights speech where members even his own party panned. stacey abrams did not show up for that event in atlanta. her state, her issue. inflation hits a four decade high. consumers complain about bare shelves. stories about a 2024 ticket without biden or harris pop up all over the place. harris is knock mocked for another rough network tv interview. the president stumbles through a teleprompter covid event asking for the testing czars name. the president admits voting rights bill will likely fail, as you just heard as senator sinema from arizona takes to the floor before he arrives on the hill. senator manchin's statement again definitive on the filibuster. senator manchin tells reporters today he hasn't talked to the president since before christmas and there has been no renegation of build back better. the supreme court knocks down the vaccine mandate for private businesses over 100 employees. national security adviser jake sullivan announces no further talks with russia as the russians get more aggressive. north korea launches yet another missile and the pentagon says
3:49 pm
they are surprised by that capability. dhs announces 104,000 migrants between march and august of last year. only 50,000 checked in with ice. it's thursday. let's bring in our panel. katie pavlich news editor at town matthew continetti fellow at the american enterprise institute. leslie marshall democratic strategist. leslie, i wanted to list all of that because it was all at once, but it has been a bad week for the end of the president's first year in office. >> well i knew you weren't trying out for the role of polyanna when you were listing that: look, i'm a democrat i'm a real list. a lot of these things aren't good this weighs into i think, why we see polls dropping for the president. because what do americans see? they don't see unemployment down. they don't see wall street stronger. they don't see increased wages. they don't see any job gains. what they see is inflation. they don't see that we are not just fighting a variant that is
3:50 pm
spreading faster but fortunately a variant that is not leading to the number of deaths or the type of icu hospitalization we have seen and the type of long-term illness we have seen with the first variant and delta. what we see is highest numbers ever, more children in hospitals and the list just goes on. so certainly a lot of these things that the american people are seeing or hearing or reading are not positive and this weighs in to their feelings. because, remember, it's not always what's factually going on. a lot of times it's the feeling of what is going on. i want to say one thing about voting rights and i said this before on your show bret and i will say it again. no matter what peels of legislation i can't stand when my party or any party quite frankly touts something, pushes for something, gives a date for something knowing they are not going to get it over the finish line. i understand it's symbolic i honestly also think it's a waste of time if you are not going to get it done and i do feel that our democracy is being threatened. >> bret: to that point, for that speech in atlanta to be that
3:51 pm
aggressive, to compare opponents of the legislation or getting it done to segregationists and racists in the past, and then to come out today and say, you know, we might not get it done, that's, i think what leslie is referencing there. >> well, bret, the president knew going into atlanta that he was not going to get this done and stacey abrams also understood that he wasn't going to get this done. it's pretty astonishing that the president went to atlanta and revived his jim crow 2.0 argument that stacey abrams made which then got the major league baseball's all-star game kicked out of atlanta which hurt the very people that they were trying to talk to and encourage. and so, the president going to capitol hill multiple times, getting no concessions on this issue, and it really is interesting he would choose the filibuster considering just in 2019 when he was running for president he was asked about this repeatedly and said he did not favor a change in senate
3:52 pm
rules. so for them -- him to go and be so aggressive to compare opponents of this to people like george wallace, who by the way, was a democrat, when he agreed with that very same policy stance just two years ago, really is quite something. it's obvious because the administration is failing on policy. they are now shifting to aggressive brings and election year hoping that something will stick. clearing after the list that you just ran down, that's not working five days before the one-year anniversary of his inauguration. >> bret: right. matthew, it's clear showing up in the polls, that quinnipiac poll was in everybody referenced it because the numbers have been so shocking, 33% overall. 25% with independents. 24% with young people. >> right. and, of course, the slide has been ongoing, bret, since basically the last half of last year. and by december, of course the saying is when you don't have a friend in washington, you get a dog. well, biden already got his dog and then all of the events that
3:53 pm
have happened since that you listed at the outset of the panel have continued to come. i don't know what he is going to do now. and there doesn't seem to be any good news on the horizon either. as you said, amidst all these crises, economic, political, social, judicial with the setbacks on the vaccine mandate, they lead the briefing with the imminent invasion of ukraine by russia. so, it is bleak days in joe biden's washington. >> bret: leslie, the more interviews the vice president does, it does not seem to be changing the perception of her ability to do those interviews. >> i would say that i have not seen a great support for our vice president, not just because of the interviews and i know people get on me for this. i have been interviewed about this. i think some of it is her gender. i think some of it is her race. and i think some of the people in my party as well are disappointed with the tasks that have been put before her, that they don't feel that she has worked with.
3:54 pm
but you had mentioned in your list, bret, that people are talking about will biden be on the ticket. will biden and harris be on the ticket together? these were the same conversations with donald trump and will donald trump pence ticket and both of them were on the ticket. now, i know they lost. but, at the same time, i think that's a lot of gossip and i don't think the ticket will change. >> bret: fair pointed, just mentioning that it's not conservative outlets. these are liberal papers or organizations. >> i agree, i know. >> bret: that are bringing up these stories. they are popping up all over the place. katie? >> oh, sorry, bret. i didn't hear you. yeah, no, the vice president has given multiple chances to revive her image to take the issues that the president has given her in her portfolio seriously. when she answers the question about what she wishes she could do better in her first year of office and she laughs and says get out of d.c. more. when she quite literally has been invited to the southern border which one of the issues she has been tapped with fixing
3:55 pm
and she hasn't gone. it makes her look like she is not taking the office seriously. and, you know, given all the talk of joe biden not running again in 2024, her chances of being the nominee are getting slimmer by the interview. >> bret: all right, panel, stand by if you would. when we come back, tomorrow's headlines. ♪ thanks for bringing me with you guys today, mr. and mrs. lopez. not a problem, josh. hey, you two. check out all these camera views in my silverado i can see in front of me, behind me, on either side of me. and it has this cam, so i can see if there's any funny business going on. you see any funny business going on? no, sir. let's have a great day! the chevy silverado offers eight cameras with up to 15 different views. find new views. find new roads. chevrolet.
3:56 pm
♪ ♪ i was not expecting to learn about my heart health with up to 15 different views. from my genetic reports. but now that i have this info it feels like i can take even more control of my health. it's the most meaningful way to start the new year. now just $129. ♪ ♪
3:57 pm
3:58 pm
people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting.
3:59 pm
otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. ♪ ♪ >> bret: finally tonight, a look at tomorrow's headlines with the panel. leslie, first to you. >> a wave of minorities register as democrats after republicans show their true colors on voting rights. >> bret: matthew? >> my headline is biden nears iran deal. the president so desperate with a win he is going to make a bad deal for the country and world. >> bret: katie? >> at the end of the worst week ever for joe biden, the president adopts another puppy, a kitten and he also tweets about it to get the press'
4:00 pm
attention. >> bret: all right, panel. thanks. i want to say goodbye to ashley moyer our long time booking producer last night. tonight she has been fantastic since the beginning. she is going on to new adventures including motherhood of chase. good luck, we will miss you, ashley. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. "fox news primetime" hosted by rachel campos-duffy starts right now. hey, rachel. >> rachel: thank you, bret. ♪ >> rachel: good evening and welcome to "fox news primetime." i'm rachel campos-duffy. now, just when things couldn't get any worse for the biden administration, kamala harris took it upon herself to do another sit down interview. now, this time she was pressed on the administration's response to the pandemic. and it was a complete train wreck. >> at what point does the administration say, you know what? this strategy isn't working. we are going to change direction. is it time? >> it is time for us to do what we have bee