'Special Report' All-Star Panel on school closures, Jan. 6 investigation

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Chicago schools close as union backs remote learning

'Special Report' panel discuss the union's actions in response to the omicron surge.

This is a rush transcript of "Special Report with Bret Baier" on January 5, 2022. This copy may not be in its final form and may be updated.

BAIER: If you were a family in Chicago, your kids are at home because the Chicago teacher's union has decided not to go to school because of the Omicron variant, and it's going to last until at least January 18th, they are saying.

Our friend Marc Thiessen said "Biden needs to do what Reagan did with the air traffic controllers and fire any teachers who don't show up for work." I don't know, what about that? Let's bring in our panel, Guy Benson, political editor at Townhall.com, host of "The Guy Benson Show" on FOX News Radio, Leslie Marshall, Democratic strategist, and Byron York, chief political correspondent of "The Washington Examiner."

Leslie, this seems to be a problem that Democrats across the board are saying, wait a second, I'm not sure this is going to work for us.

LESLIE MARSHALL, DEMOCRATIC STRATEGIST: Firing people, whether you say hey, you don't have a vaccine, you can't come to work, you are fired, and we have seen that a lot in healthcare industry state by state, red or blue. If you are going to fire teachers not showing up to work, this becomes the same problem. I hear what Marc, I like Marc a lot, is saying about Reagan and invoking that, but that would be very problematic, especially with a low approval rating of the president.

And I don't think it's the president's responsibility to do it. The president has been clear he wants kids in school. I want my children in school. My children are still at home because we are waiting for negative test so they can go back. It's very frustrating for parents. It's frustrating for teachers and the other classes, the children in the class, and, of course, the kids themselves.

But this is not the way to do it, just to start firing people left and right in any industry. And we have seen what has happened when we have done that with the vaccine mandates. I just don't think that's the way to go. I think a lot of Democrats, myself included, and are saying, hey, let's pause and take a breath and let's look at what is going to be best for each of these school districts and each of these families. And that is not best, in my opinion, to fire good teachers.

BAIER: Maybe it's not what Marc Thiessen says, maybe it's not that. Maybe it's not that tweet and not that action. But, Guy, to go, to have the president go to Chicago and stand by Chicago Mayor Lori Lightfoot, some people are saying maybe that is a good thing for him to do.

GUY BENSON, POLITICAL EDITOR, TOWNHALL.COM: Right, for him to say something, as opposed to having other folks say the president has been clear he would like to see schools open. Stand up, Mr. President, to these political allies of yours and tell them to get back into classrooms and stop harming children.

Look, if he did that, that would be good. I would give him one cheer, not two or three. Same with Mayor Lightfoot. I'm glad some Democrats are finally saying these things. The problem is these are the politicians who have coddled and indulged and enabled exactly these types of really abuses for the last year-and-a-half, flying in the face of science. These teachers have learned that they can get away with these things, and to belatedly try to catch up to public opinion and finally acknowledge the science here is better late than never, but still not particularly impressive, I would say. That's the issue that Democrats are facing.

The one silver lining, Bret, in my view, and it's hard to find one because kids are hurting, as they have been for two years, is that some of the things that conservatives have been saying about teachers unions and school choice have basically been amplified, playing out in a two-year long infomercial. And this is extremely high profile, and maybe some parents and some leaders will wake up.

BAIER: Well, Byron, to that point, we should point out that Illinois' Democratic Governor Pritzker is missing in action on this issue about the Chicago schools, and we haven't heard from him.

I do want to read this "New York Times" newsletter, "No way to grow up." It was really well-written and accurate. "For the past two years large parts of society have decided harming children was an unavoidable side effect of COVID-19. And that was probably true in the spring of 2020 when nearly all of society shut counsel to slow the spread of a deadly and mysterious virus. But the approach has been less defensible for the past year-and-a- half. Severe versions of COVID, including long COVID, are extremely rare in children. For them, the virus resembles a typical flu. Children face more risk from car rides than COVID." Byron?

BYRON YORK, CHIEF POLITICAL CORRESPONDENT, "THE WASHINGTON EXAMINER": Yes, that article mentioned the spring. And it feels like we have taken a giant step backwards here with teachers' unions, cases skyrocketing, and teachers' unions showing that they are in charge certainly in Democratic constituencies.

And what's come out of the White House is a plea for more time. The entire thrust of what President Biden said yesterday was please give us some more time. We need more time to get the tests. We need more time to get this Pfizer pill widely distributed.

And remember, he has been in office nearly a year, and his campaign was based on the idea that he, Joe Biden, was an experienced hand. He knew government. He knew how to make it work and to deal with a crisis like this. And now you've had his vice president say they were surprised by the Delta variant. They are surprised by the Omicron variant. And now they just need more time. This is not something that the American people are happy with. And you are seeing that in his declining poll ratings on his handling of COVID.

BAIER: Yes. Leslie, "Politico" writes "The White House embraces a manage not contain Omicron gameplan. Even as the president sought to project calm, he conceded there was widespread confusion among Americans about the virus's spread. And health officials inside and outside his administration privately acknowledged that there is little new left for the federal government to do but hold on and hope the worst is over soon." And the president himself not his best spokesperson. Here he is Tuesday.

(BEGIN VIDEO CLIP)

JOE BIDEN, (D) PRESIDENT OF THE UNITED STATES: Google "COVID tests near me." Go there -- Google -- excuse me, "COVID test near me" on Google to find the nearest site where you can get a test most often and free. There's a lot of reason to be hopeful in 2020, but for God's sake, please take advantage of what's available.

(BEGIN VIDEO CLIP)

BAIER: Leslie?

MARSHALL: I have been very upset since the beginning of this in the last administration and currently as well with the lack of unity between the CDC, the NIH, and the White House. And that information coming out and constantly changing is very confusing to the American public, whether you have a "D" or an "R" next to your name when you vote.

Tests, for example, at home testing, we know not is accurate, rapid response not as accurate. PCR more accurate. Try and get an appointment some places to get that test.

Look, I have a lot to say. I'm being told wrap in my ear. The bottom line is the medical professionals are just as confused -- are just as confused with not just these variants but how fluid this is morphing. And obviously people who are vaccinated are getting this variant, so we are seeing that maybe this variant is trumping this particular vaccine, and maybe it's tricking these tests. We are seeing people, in my own family, people have tested negative, inconclusive, and positive in the same three days for the same virus.

BAIER: Yes, it's amazing. All right, panel, stand by, if you would. Up next Democratic pressure on Attorney General Merrick Garland.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

MERRICK GARLAND, U.S. ATTORNEY GENERAL: These acts and threats of violence are not associated with any one set of partisan or ideological views. But they are permeating so many parts of our national life.

(END VIDEO CLIP)

BAIER: Attorney General Merrick Garland saying give him some patience as he continues his prosecutions about January 6th and the Capitol rioters, getting from the left. Columnist Jennifer Rubin, who at one time was from the right, "What Merrick Garland should say about January 6th, patience is wearing thin with Garland, not because he has so far failed to indict Trump or his cronies. His credibility and the credibility of the department are at risk because he has not yet demonstrated the vision and nerve to defend democracy in its hour of need." Glenn Greenwald tweeted this, "A full year after the 1/6 riot at the Capitol the total number of indictments from the Biden DOJ for insurrection, sedition, or treason is the same number as American indicted by Mueller for criminally conspiring with Russia over the 2016 election -- zero."

Back with the panel. Guy, what about this?

BENSON: Well, January 6th was an outrageous attack on the rule of law, among other things. And I think in response to that attack, there needs to be an adherence to the rule of law. And that sometimes takes a period of time. It's not instant justice, instant gratification the way that some people want.

I understand that it's a year later, there have been hundreds of arrests. There also has to be due process for the people who were arrested. They did not lose their rights or were not stripped of their rights just because they behaved terribly and outrageously. And this is the way that the process tends to go. And I think that sometimes you see politicians, in this case a political figure like the attorney general, trying to sort of quiet some of the critics and say, hey, we are still moving this ball down the field here, bear with me. And in this case, I think that's a relatively prudent and fair thing for him to say.

BAIER: Meantime, Democrats are trying to tie January 6th, again and again, to voting rights. Take a listen.

(BEGIN VIDEO CLIP)

SEN. AMY KLOBUCHAR, (D-MN): That is why voting reform and the freedom to vote act is so important to our democracy. January 6th was not an isolated event.

SEN. MITCH MCCONNELL, (R-KY) SENATE MINORITY LEADER: It is beyond distasteful to for some of our colleagues to ham-fistedly invoke the January 6th anniversary to advance these aims. Their first legislation at hand was introduced in January of 2019.

(END VIDEO CLIP)

BAIER: Byron?

YORK: Well, the thing they want to do right now is kill the filibuster, and they will use any argument that is at hand. And two years ago, long before January 6th, they had other arguments to want to get rid of the filibuster. Now they are saying January 6th.

As far as Merrick Garland is concerned, I said earlier that Joe Biden was pleading for time on COVID. Well, Garland was pleading for time on the January 6th investigations because he came out today and said, look, just because we have leveled a relatively limited indictment against figure a or figure b, that doesn't mean we are not going to indict them again with something bigger. Just wait, please, we will take care of it. He is under a lot of pressure from Democrats.

BAIER: Leslie?

MARSHALL: I would agree with both guys on this. You have got to be patient. You have over 14,000 hours of videotape. You have 700 people arrested, approximately half of those are guilty, approximately have of those have been sentenced already. But you have a lot of people out there, they say approximately 1,000 assaults. It could be up to 2,500 people that will be arrested at the end of the day.

And, also, the attorney general said, quote, actions taken thus far will not be our last. So I believe he will take this as far as it needs to be. And that means, perhaps sitting congressional members or even perhaps the former president.

BAIER: Well, we'll have full coverage of everything tomorrow, the day, the one-year anniversary. Panel, thank you very much.

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