Unphased. Were live in washington. Todd a christmas photo shoot turns from holiday fun to a toddlers terror. Jillian the visit from the grinch that is obviously going viral. Fox friends first starts right now. Jillian you can barely see the tops of the buildings out there. Its a foggy one. How is it in d. C. , griff. Griff its hard to believe its november 23rd and thanksgiving is days away. Jillian it is unbelievable. Good morning, youre watching Fox Friends First on this monday. Im jillian mele. Griff and im Griff Jenkins, in for todd piro. Well, the Trump Campaign firing back after a judge knicks nix tr lawsuit. Jillian this comes as President Trumps legal team distances itself from attorney Sidney Powell. Reporter legal battles continue. The Trump Campaign is coming up against deadlines in a number of states to certify election results. The trump team meantime is distancing itself from attorney and former federal prosecutor Sidney Powell who had alleged this kind of vast International Conspiracy to overturn the results of the election. Heres a statement from the trump team. Sidney powell is practicing law on her own. She is not a member of the trump legal team. She is also not a lawyer for the president in his personal capacity. Now, some of powells legal claims involved questions about dominion voting systems which provides Election Software for a number of states. If someone tried to alter the electronic record, the printed paper ballots wouldnt match. Its not possible and there are no connections between our company and venezuela, germany, barcelona, whatever the latest Conspiracy Theory is. Reporter michigan meantime is up against a deadline to certify its election results, showing joe biden is the clear winner. One republican member of the state canvassing board may vote against certification and that may lead to another legal battle. I can say this. The law is very clear. And the role of the state canvassers, under the law, is very clear. Its to certify the election. Theres no Legal Authority under state law to do anything other than confirm the election results. Reporter now, the biden team dismisses all of these trump legal challenges. It is clear that they are growing increasingly anxious about the delayed transition process. Griff all right. Thanks, doug. Jillian Alan Dershowitz says the trump legal path is difficult but possible. Let me give you my completely objective, not wishful thinking, conges constitutional anil constitutional analysis. They have two or o three legal paths. In pennsylvania, they have the argument that the courts changed what the legislature did about counting votes. They have a winning issue on equal protection, that some counties allowed floored ballots to be cured, while others didnt. The other legal theory they have is that the computers, either fraudulently or by glitches changed hundreds of thousands of votes. There, there are enough votes to make a difference but i havent seen the evidence to support that. So in one case they dont have the numbers. In the other case they dont seem yet to have the evidence. Maybe they do. I havent seen it. But the legal theory is there to support them if they have the numbers and they have the evidence. Griff tomorrow president elect joe biden is expect offed to announce his first cabinet picks. Tony blankin is said to be the department of state. He served as National Security advisor under the obama administration. Two democratic sources telling fox news linda thomas greenfield is expected to be tapped for un ambassador and Jake Sullivan will likely be the pick for National Security advisor. We are expecting the biden team to officially announce cabinet picks tomorrow. Jillian overnight, we learned californias governor and his family are you now in quarantine after being exposed to covid19. It comes as new restrictions are placed in los angeles. Griff Ashley Strohmier joins us live with thanksgiving week among us, as the u. S. Records 20 Straight Days of 100,000 new cases. Reporter governor gavin newsom said three kids were exposed to a california highway patrolman who tested positive for covid19. He said the family tested negative on sunday. They will quarantine for 14 days, this as los angeles shuts down inperson dining for three weeks, 24 hours after putting a 10 00 p. M. Curfew you in place. The ban goes into effect at 10 00 p. M. Wednesday. In california protesters in Huntington Beach took to the streets in def defines of newsos curfew. In new york, Governor Cuomo said more restrictions are on the way. We have several communities that are in the warning track. Staten island is a serious problem. Staten island is also a problem in terms of overburdening hospitals. Upper manhattan will go into a yellow zone, parts of nassau will go into a yellow zone, parts of suffolk will go into a yellow zone. Reporter even with the surge in cases, its not stopping people from traveling for thanksgiving. Tsa said it screened more than 2 Million People friday and saturday. They say the overall number of travelers is still down. There is good news on the horizon out of operation warp speed. Listen. On the 11th or on the 12th of december, hopefully the first people will be immunized. Across the United States, 70 or so of the population being im miffed would allow immunized would allow for true herd immunity to take place. That is lakely likely to happen sometime in the month of may. Reporter they will figure out where the vaccines need go first. Coming up, dr. Nesheiwat is joining us to talk about the first round of vaccines and how to travel safely for the holidays. Jillian ashley, thank you. Griff well, dr. Tom inglesby says news of the vaccine is something we should all be celebrating. I wouldnt call this good news, i would call this great news. Its fantastic, probably the best news weve had since the start of the pandemic. We have two vaccines making their way through the approval process that may be as high as 95 effective and seem to be safe based on the information weve seen so far. Obviously, they need to go through the usual fda review process and thats going to begin now for one of the vaccines and will begin shortly for the second. But if it does get through that process and if they are reviewed by an external Scientific Committee which has no stake in the outcome, except for the safety and effectiveness for americans of these vaccines, then i will have confidence in those vaccines. Griff new overnight, the vaccine buy oxford and astrazeneca was found to be on average 70 effective. Gillian. Jillian now to a fox news alert. Two people are killed in a church stabbing, Police Responding overnight to the Grace Baptist Church in san jose, california. At least one other person was hurt. Police say Homeless People were brought inside to get them out of the cold. Police have not confirmed an arrest. Griff in new york city, at least one person is killed and six injured in a shooting at an apartment building. Its unclear what led to the violence in brooklyn. No arrests have been made yet. This is the latest in a long list of violent crime, putting residents on. , including a man using a flame thrower on top of a city bus and a woman being pushed onto a subway track. She survived after rolling between the tracks. Thankfully. A congresswoman daelect will jn us next hour to weigh in. Jillian joe biden remaining silent on a black lives matter event. They look to expunge records regarding nonviolent drug crimes. It was introduced by Rashida Tlaib and ey ayana pressly. Griff the American Music awards happened last night. Justin bee bette bieber kicked e show with help from sean man me. The weekend caused some confusion with his headwear. Watch. Jillian the weekend wearing head bandages to warn people of the kind of injuries that result from drunk driving. He took home three awards. The nights biggest award, artist of the year, going to taylor swift. Griff swift thanking fans as well, confirming fans she is rerecording her music in her acceptance speech. Earlier this month Scooter Braun said he sold the rights for swifts first six albums, the reasons she is rerecording them. Jillian oh, the trauma. President elect drama. President elect biden already filling key positions in his cabinet. Griff is the biden camp jumping the gun . We have a live report, next. The cabinet and the team will look like america. That means diversity of ideology, diversity of background and he wants to have a range of views of people at the table. But he wants to have a diversity of voices at the table because he fully understands thats how hes going to move an agenda forward. Jillian president elect joe biden moving forward with cabinet picks despite the president s ongoing claims of voter fraud. Team trump says theyre aiming all the way to the Supreme Court. Griff so will their strategy work . Joining us now is constitutional law expert, mark smith. Good morning, mark. How are you . Good morning. Griff lets go right into what president elect biden we expect from the cabinet announcement. Theres three names here, tony blankin for secretary of state, Jake Sullivan, un ambassador and linda thomas greenfield, ltg as shes known, at the state department. Its interesting because three names, we heard about the diversity of voices but these are people that have been establishment washington folks, very different from what we saw in the early appointments in the trump administration. Yeah, i think thats right. The thing to keep in mind, though, is what were really looking at here though is Performance Art and what i mean by that is that joe biden is trying to act as if this election is over and hes acting as if it is by going through the process of the transition, by picking these people for the cabinet. As you know, he doesnt have any legal object of ga obligation te cabinet until after hes the president in january. Why is he doing it . The reason why hes doing it is hes trying to avan advance the narrative that the president ial election is over. President trump is trying to advance a different narrative. Donald trump wants to convey the impression that the election is not over. Thats why you see ongoing legal proceedings, ongoing lawsuits and you see press conferences associated with the same because of course President Trump is trying to convey a competing narrative of this is not over. And thats why regardless of who joe biden announces for his cabinet this week, really at the end of the day its just about advancing a narrative and substantively is not that important. Because remember, we dont even know who the u. S. Senate is right now until the two seats in georgia are filled. Remember, for a cabinet pick, the senate gets to sign off on it by a confirmation hearing. Jillian just to turn it around a little bit and play devils advocate, could one make the argument that joe biden is doing what he can do right now, what he has the power to control and do himself, because as you know, the conversation has been that hes not been privy to the transitional information that he otherwise would have been, meaning things going on with the coronavirus and to be able to get his plan in place for that, so is he doing now all he can be doing . Well, i think theres two levels here. On the one hand, certainly getting uptospeed, learning information, figuring out strategy, that is a legitimate thing for joe biden to be doing. But the public announcement part of it, announcing to the world who his cabinet picks will be if and when he becomes president is a little bit different. I think he can do all the work he needs to do to lay the foundation to be president , without actually the public announcement. The public announcement part i think is really part of the narrative, the underlying work that goes into transitioning of course can be done quietly behind the scenes. It doesnt have to be done with a splashy news headline. Griff let me quickly show you over in pennsylvania the judge ruled against the trump team. They said their goal is to go to the Supreme Court. How does this end . Well, i think the case out of pennsylvania is going to end with the u. S. Supreme court. Theres several important matters about what votes are to be counted and did the pennsylvania count votes that should not have been counted. That will end i believe with the Supreme Court making the decision. The other interesting cases of course are really factdriven and that involves discovery and investigation and donald trump frankly is running out of time with some of the factual investigation because most lawsuits literally take years to undergo and figure things out. Donald trump only has a matter of weeks to figure out some of these factual bases to figure if theres a basis for changing the popular vote in some of the states like michigan, wisconsin and the like and he is running out of time so if they have the evidence its time for them to come forward and show it and prove it in court. Jillian a lot of people saying that, Chris Christie over the weekend saying you have an object of gas station to present the evidence obligation to present the evidence, the evidence has not been presented. Were waiting to see what evidence they come up with. Thank you for your insight. We appreciate it. Thank you. Griff all right. Still ahead, as parents demand schools reopen in new york city, Governor Cuomo appears to agree with them. Why would you want the child to go to to stay at home. Youre going to go outside, theyre going to run around in a 3 community. Griff so when will mayor de blasio reopen schools . Councilman joe berelli joins us next. Jillian some sheriffs refusing to enforce covid19 restrictions in california while people protest the measures in the streets. That story still ahead. [narrator] if hair loss is a cold, hard fact for you, lets talk. Lets talk about how hairclub can help you get the hair you want. Lets talk about how weve been doing it for over 40 years, making us a global leader. Lets talk about our 700 combinations of solutions to find the right one for you. Lets talk topical formulas to regrow it, undetectable ways to replace it, and ways to restore it. Using the hair you have. Call or go online now for a free hair Health Analysis and a gift card worth 250. And lets talk about over 1,100 professionals working at over 120 convenient locations to advise, monitor, and style your hair. Lets talk about virtual consultations from the comfort of your home. Hairclub is committed to providing every man or woman who has hair, had hair, or wants hair. The opportunity to love your hair, live your life. Call or go online now for a free hair Health Analysis and a gift card worth 250. And lets talk. Businesses today are looking to tomorrsetting the course. Ating. But new ways of working demand a new type of network. One thats more than just fast. You need flexibility to work from anywhere and manage from everywhere. Advanced technology. With serious security. And reliable coverage, nationwide. Forwardthinking enterprises deserve forwardthinking solutions. And thats what we deliver. So bounce forward, with comcast business. Jillian good morning. Welcome back. A second lawsuit filed in new york city as parents demand schools reopen. Inperson learning has been shut down in the nations Largest School district since thursday. New york city councilman joe borelli is fighting the legal battle and he joins me now. Good morning. Good to see you. Good morning. Jillian have you received any sort of response, any productive response . No. Look, were still waiting for the hearing on the first lawsuit. This lawsuit, however, we opened in federal court and we hope to have a hearing on this one within 10 days. But as people alluded to, even Governor Cuomo is now coming around to saying that questioning why new york city would decide to close Public Schools anyway. We had a system where if there was an outbreak, a cluster in the schools, on the few times that that happened, the school would be closed temporarily. That actually seemed to have been working. The doe was doing a good job of keeping schools relatively safe, relatively covidfree and relatively well ventilated. Its unfortunate they decided because of an arbitrary number, 3 positivity, to close the schools. Jillian we have two things to support that. The Positivity Rate that was it was 0. 19 in the new York City Schools system, that was the day before it was announced that the schools were going to be closed again and then you mentioned what Governor Cuomo had to say about this. Lets go ahead and take a listen. The school is safer than the local community. Why would you want a child to go to stay to stay at home. Theyre going to go outside, theyre going to run around, in a 3 community. Jillian i imagine there are a lot of frustrations here for parents. Number one, all of a sudden having to try to figure out how to do the Home Learning again, as a lot of people had to do in the spring. Number two, the mixed messaging thats been going on here, are those the biggest frustrations at this point . Well, yeah. Its been constant. The mayor and the governor cant even agree on what the Positivity Rate is for new york city. The mayor saying its three point something. The governor saying its two point something. Its arbitrary and c