the middle of the night when she sees this? when will he get this? preparing breakfast for the kids? >> lawrence: there is no evidence to say he washed the dishes. >> ainsley: i'll get this next week. >> steve: i know that you say i got this and then there is a heart. sorry. an apology. >> brian: how do i see your special. >> just jokes is now streaming on fox nation. >> brian: if i want to watch your show on the weekends what would i do? >> fox news saturday night. a cable necessary keg party. >> brian: you talk about yourself a lot. >> the more talking, less chug is what wardrobe told me. >> steve: live from new york it's saturday night with jimmie. >> no, it was imposed on us by the regulatory agency who

doesn't care about the profitability and doesn't care we have to bear an on board government enforcement agent more than the crew will make. >> will they real in the regulators. these cases deal with fishermen but the ruling could impact a lot more across american industry as we say hello. back in new york, bill hemmer, here we go. had a good time in iowa? >> dana: i'm dana perino. this is "america's newsroom." yes, i'm glad to be back in my own bed. i could have used three more hours of sleep. i love this supreme court case. it is a big one. it might sound small but it could change everything in d.c. and federal agencies are watching it closely. this one commercial fishermen are fighting the government on a rule forces them to help fund a federal conservation program costing ships $7 hundred per day and experts say that could bankrupt the entire industry. let's get to the chief legal

correspondent shannon bream at the supreme court. do you share my enthusiasm? >> dana, you know i do. i think it's the wonkyness in us that loves this case. this particular case is about fishermen, but it impacts every single american because there are thousands of regulations that touch your lives every day. in this case, the program would mean this fisheries and vessels had to pay for the monitors on board their ships to monitor what they were doing and enforcing the regulations. they said there is no way that can be a reasonable interpretation of the regulation. what the court will do today is look back to a case 1984, chevron case. if congress hasn't deg delegated something a federal agency can give out regulations. critics says it means people you can't vote out can make decisions about your life. how many cases have i covered here epa telling people what

they can do with their land, how to use their own private property. those kinds of things. today these justices will look into that and say do we think it's time to now rein in federal regulations or the ability of these agencies to in an unfettered way make their own decisions how to enforce the law? it is sweeping, broad and there have been four decades of this case in place. critics say undoing it now would upset the entire administrative state. opponents who would like to get rid of chevron is the point. turley said the fourth branch is the administrative branch. does it get reined in today? we'll see. >> dana: thank you. >> bill: there was a movie made speaking about this a bit earlier, five minutes ago. don't know if you saw that. just play the clip right now. then we'll get to the quote.

>> dana: this is a movie about a child of deaf adults and she is only one who can hear and serves as an interpreter. it talks about how the federal government is squeezing the dinner tree so much they're losing their livelihoods and fighting to help them and a great coming of age story. we recommend that. >> bill: two years ago it's about excessive regulation, real life fishermen face the same thing this family faces. if you want to take it to the ridiculous level. to have a government official in a taxi cab to make sure you are following all the rules and have your light on or off as you drive the cab. some people think it's long overdue. >> dana: congress would have to do more of its job but maybe

they should. >> bill: we'll get a decision in june. last night in new hampshire. >> i think as the field is narrowing we're now in a position where people will be able to make even better choices. >> i know that new hampshire will never let us down. >> chaos follows him. you know i'm right. chaos follows him. we can't have a country in disarray and a world on fire and go through four more years of chaos. >> dana: donald trump trying to build momentum after his decisive victory in iowa. remaining two challengers aren't giving an inch yet. today the republican candidates are barnstorming across the granite state ahead of the first primary next tuesday fighting for the nomination. fox team coverage. kayleigh mcenany with the big picture but first alexis mcadams. nikki haley is closing in on the former president? >> that's right. if you look at the recent polls that's what it looks like and what nikki haley wants voters to

think as well. here in new hampshire it is a lot different than iowa. in this state the fight is between donald trump and nikki haley. last night donald trump held a rally here sending a warning shot to voters saying nikki haley is not a real conservative. watch. >> as you know, nikki haley in particular is counting on the democrats and liberals to infiltrate your republican primary. you know that. that's what's happening. a group of people coming in that are not republicans and it's artificially boosting her numbers here. >> so trump was joined on stage by former competitor vivek ramaswamy who said it is time for republicans to come together and support trump. but nikki haley doesn't plan to do that. she focused her ground game on new hampshire and endorsed by the governor sununu. haley's main message to voters is she is electable.

>> i defeat biden by 17 points. double digits in these polls. [applause] that's bigger than the presidency. that's house, senate, governorships, school board. getting our country back on track. >> ron desantis hasn't spent as much time in new hampshire seems to be reflected in some of the recent polls. he is polling in the single digits but desantis is not deterred. >> there is a lot of real estate between now and the south carolina primary in terms of political time. there is a lot that happens in politics over that period of time. >> so we'll keep a close eye on that in the week here leading up to the primary. if you can believe it trump is back in a new york city courtroom again for that civil case. we expect to see all the candidates including trump out here in new hampshire later tonight. >> dana: props to his scheduler. he is everywhere. >> bill: kayleigh mcenany with

us, two things come to mind over the past 24 hours. she was asked on cbs if trump was unfit for office and she declined to answer that. that was telling. there is a quote from the "politico" piece about haley turning her fire on trump. one man says she can't go nuclear on trump because she will lose any republican support she currently has if she does so. how do you view that right now? >> he is spot on. she is walking a tight rope. she has to go after trump and fight back. he is going after her and she has to defend herself and try to make inroads but not go personal to your point. on cbs she would not say he is unfit for office. cnn asked about the carol case. she is not going to personal like chris christie. beyond new hampshire there was nothing left for him. getting those independents but at the same time not isolating maga voters as you go down the line to south carolina super

tuesday. it is a tall order. she is doing it well. >> dana: what about vivek ramaswamy who decided in iowa that was going to be the end of the road for him and immediately endorsed president trump and joined him last night. some of the supporters cheering for vivek ramaswamy last night. >> you can understand they're screaming veep and president trump said he will be around for a long time. >> slim to none. jason miller was asked about this. he said know to vivek before vivek dropped out. when you look at vice presidential candidate you don't want a carbon copy of the nominee. ramaswamy and trump pick up the same block of vote res.

you want someone to add to your ticket. reagan chose george h.w. bush to unify the republican party. trump needs every republican vote. choosing someone just like him is a fool's errand. >> dana: can he do that and keep everybody in the fold? >> i think he can. i maintain that trump has such a lock on the trump base. history will say it is one of the strongest movements in modern american history. i don't think they leave trump under any circumstance unless he be trays his principles. trump says we have to unify the party and that's what the base wants. >> bill: you wonder a week from today whether or not it's over. it could be. suffolk university, "boston globe" found trump at 46, haley 26 and desantis down at 8%. chris sununu, the governor, in new hampshire joined us yesterday when we were in des

moines. check it out. >> there are expectations here in new hampshire. we wanted to give her a strong second. we can guarantee that at this point. now that she is challenging to beat donald trump in new hampshire she is within single digits puts everything over the table over the next seven days. nikki can shock the system giving trump a defeat would be a great reset for the entire election. >> bill: trump is up by 25 points in polling if south carolina. her home state. >> exactly. you look at new hampshire, 75,000 more independents than republicans. nikki haley, how many can she draw from that pool and we look at the categories of christie voters, it could make it a three to five point race achievable for nikki haley. buried in the "new york times" talking about internal christie polling that shows most of

christie's support goes to nikki haley. some went to trump. you wouldn't think a christie voter would go to trump. these are not one for one. christie goes to haley or ramaswamy goes to trump. it could be anyone's game. beyond new hampshire trump has a lock on south carolina and nevada if you believe the polling. >> dana: turnout was down in iowa compared to 2016. part of that was the weather, i think. so i think that's really important. imagine that with another storm brewing, that haley and desantis are thinking we have to get our people out. >> josh holmes made the point, 100,000 showed up. 51% going for trump. 49% not. that's even more of a case for choosing a vice president that can unify the republican party and bring out all republicans from all corners of every state. >> bill: great analysis. see where we are in a week. check it out. 12 minutes past.

>> my battle with addiction, my parents were there for me. they literally saved my life. they helped me in ways i will never be able to repay. >> bill: prosecutors now from the justice department pushing back on hunter biden's attempt to get his federal gun charges thrown out. what they say they found in addition to the firearm. >> dana: that's an interesting story. the u.s. is expected to redesignate the houthis as terrorists. why did the white house take them off the list in the first place? >> bill: talk about global warming, dana. john kerry, the climate czar, losing his cool. >> what's the carbon footprints of these events every year you come here? you think oats worth it? >> that's a stupid question. [camera shutter sfx] introducing ned's plaque psoriasis. [camera shutter sfx] he thinks his flaky, red patches are all people see.

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>> dana: breaking news moments ago in new york city. former president trump's motorcade arriving for day two of the carroll defamation trial. miss carroll is expected to be the first witness. she will take the stand today. last year a jury found the former president liable for assaulting and defaming her. she is seeking an additional 10 million for defamation. the former president denied any wrongdoing. >> zbl back and forth from last night. biden administration expected to redesignate the houthis as a terrorist organization. this after the group's attacks on shipping vessels that goes unabated and griff jenkins is watching that from the pentagon. good morning. >> good morning, bill. biden administration says they've been reconsidering for months their decision early on in february of 2021 for humanitarian reasons to remove

the houthis from the foreign terrorist organization or fto designation. now after five attacks by the houthis in as many days on commercial ships in the red sea including a u.s. owned vessel. they are poised to put them back on that list. bill, it is not likely the full fto designation. rather something to a lesser degree. one of those options is the specially designated global terror list. enforcement like an fto under international law and used in the wake of 9/11 by the bush administration because it can be applied swiftly but lifted quickly. for instance, if the houthis were to stop their attacks in the shipping lanes in the red sea. meanwhile as secretary austin is working from home after being released from the two week hospital stay, fox news has obtained that audio of the january one, 911 call requesting

an ambulance for the secretary requesting a low key approach be taken. >> fairfax county 911. where is your emergency? >> yes, ma'am. my name is -- and i work for -- and i'm requesting an ambulance to be -- can i ask that the ambulance not show up with lights and sirens? we're trying to remain a little subtle. >> we're waiting news hopefully perhaps today, bill, on those missing two u.s. navy seals reportedly lost at sea last thursday during the operation that seized iranian-made weapons bound for houthis in yemen. centcom says the search and rescue mission continues. >> bill: let's find them. time is running out. thank you, griff jenkins at the pentagon. >> dana: robert green way is the director of the center for national defense at the heritage foundation and so many other

things you've done in your career leads you to be a great guest today. can you explain to people perhaps if we're looking at it this way the good intentions of the biden administrations thought they had by taking the houthis off the terrorism designation in the first place? >> thanks for having me. i think we can all respect the fact that the administration stated publicly their goal was peace and stability in yemen and easing the suffering of the people and the humanitarian cause. we can all be sympathetic with it. the lifting of the designation was in contravention. facts we all know then and now these are terrorists. second, that they've been taking advantage of this time in order to resupply and rearm and equip themselves to threaten the united states directly in international shipping. despite the fact the intentions were good, the reality has been the opposite. all we've done is insure that iran has been able to rearm the houthis and now we have to deal with a greater threat.

>> dana: let's show the map here, call for number one. the houthis attacks in the red sea. extremely serious for so many reasons. it might seem far away but how does it impact americans and american national security as well? >> that's a great question. ultimately it affects us in two ways. first a significant percentage of the world's energy trance its and exits the region heading to market . it impacts the price americans pay at the price at the pump for gas. 25% of the world's container shipping traffic trance its the straits threatened by the houthis. what that does is increase commodities across the board. we feel it in two ways at a time where we can ill afford to do so as americans are feeling the cost of inflation. >> dana: listen to president biden when asked about the houthi designation last friday. it hadn't been done yet. >> follow-up on what you said a

few minutes ago at the coffee shop. you said you think the houthis are a terrorist group. i'm wondering how soon are you willing to designate them as such? >> it's irrelevant weather to designate it. if they continue to act and behave as we do we'll respond. >> dana: is it relevant what they are designated? >> it is. its a statement of fact and everyone needs that the united states has a grasp of reality and can recognize a terrorist when it sees it when we've been attacked by it. it provides enormous leverage from an immigration and criminal standpoint especially the foreign terrorist organization designation. the one in which i don't think they're willing to redesignate the houthis as that. the leverage is for the group and those who provide the scope. the fto designation is a vital

material impact. remember that the houthis are completely dependent upon iranian sources of material, arms and equipment like those gotten recently in the red sea. what the interdiction and those authorities this threat will continue to rise and increase against the united states and its interests. >> dana: robert hemmer and i were talking about the show. why would iran attack inside pakistan? >> so iran in this case has historically conducted attacks against groups that threaten stability on the eastern portion of iran. this group that they claim to have attacked has threatened to cross the border. this nationality that spans all three countries' borders interestingly enough the shaikh mohammed is part of that tribe. they're well-known for providing individuals active in terrorism and narcotics trade and threaten

afghan, pakistan and iranian stability from time to time. not unusual for them to conduct the attacks. unusual they didn't alert the pakistanis and now created more instability in the region. >> dana: i would like to have you on speed dial. thank you very much. >> bill: good stuff. >> dana: wonderful guest. >> bill: add to that. not only did they hit pakistan but the iranians hit a location in northern iraq that they claim was an israeli spy station. did all that in 24-hour time. >> dana: and they killed several kurdish civilians as well. this is not something the biden administration seems to have a strong handle on. >> bill: there could be a major update on a case we've been watching carefully. daniel penny returns to court. the marine involved in the choke hold death on a new york subway. will the judge dismiss the charges entire sfli we're waiting for an answer on that. how bone chilling temperatures given some electric vehicles a

pretty hard time as the administration pushes for more americans to buy them. maria bartiromo is in switzerland. she is next.

a few moments ago. daniel penny goes before a judge today and the question is whether or not the judge will decide to dismiss these involuntary manslaughter charges. penny was caught up in this incident on a subway when there was a homeless man who apparently got on the train and a lot of passengers on board that train drew very uncomfortable the way he was behaving. daniel pennie put him in a choke hold and the gentleman died. whether the case should be dismissed entirely. see whether or not that happens.

we're watching it in new york city live. >> dana: electric vehicle owners are being left in the cold. freezing temperatures that you've heard about. they're causing batteries to drain and turning charging stations into the midwest at parking lots as drivers wait hours for a charge and leaves their cars all together. fox business is live at a tesla supercharging station in oak brook, illinois. how does it look today? >> well we're hearing some of these cars have been towed at this point. it is not super busy right now. folks are telling us that it is taking a lot longer than usual. with the traditional vehicle the engine provides heat to the car simply by turning it on and when it starts running. these cars, of course, don't have engines so it is a whole different game to get it running and get it heated for these horrible temperatures we're experiencing here. e.v. drivers won't be able to drive as far as well if the temperature is 20 or below, which is the case here in

chicago. there are different estimates on how bad it can affect things. aaa says the performance decline is roughly 41%. it means a 100 mile journey will only be 59 miles. drivers at the tesla supercharging station say they're frustrated. >> i had a charge multiple times every day the last couple of days. i had to wait 45 minutes for a charger and i pull in, it doesn't work. someone else takes the next charger and i had to wait again. it is frustrating. >> i was at 50% when i got here. usually from 50 to 80, 90% takes ten, 15 minutes. this is taking an hour and 20 minutes. >> it is frozen. i'm now getting it towed to the tesla center. it is my only option at this point. >> something to keep in mind is that these vehicles do have winter packages so you can get a heated steering wheel heats and

a timer tell the car when you need to be out the door and heated inside to get where you are going. >> dana: if they can get where they are going. >> bill: let's bring in maria bartiromo, how are you doing? i'm looking at a temperature in davos at 41 degrees. you have escaped the arctic blast for this time. is this topic coming up much? >> sure. electric vehicles. a lot more about ai and the macro story. the report pinpointed the disadvantage in terms of cold weather and evs. it takes a longer time to warm the vehicle and drains the battery. >> bill: here is a tesla owner rick another one in chicago that we spoke to. check it out. >> it was a complete disaster for the winter storm. a lot of people's cars were left

overnight. they were -- everyone -- a lot of people had to get towed, chargers weren't working at the charging stations and that led to a lot of the issues because the chargers were not working. >> bill: i'm wondering with all the fancy folks there in davos, how many electric vehicles do you see around there? >> well, i haven't seen many because it is a small ski town and they are coming with their private jets. john kerry reacted pretty negatively yesterday when somebody asked him about his own carbon footprint with regard to his jet. yeah, i think that electric vehicles are probably poised to see an increase in europe as opposed to the united states sooner but in davos particularly, i haven't seen a lot. >> bill: listen, what you do get a good take is for the strength of the economy. what they are thinking about, what's ahead for the year for

the u.s. and really for the world. i saw some weakness in china overnight. i don't know how that is being impacted. you had a conversation with the ceo of sales force. he gets a very unique perspective. he is bringing in a lot of data through his software. listen to the sound bite. >> we're constantly making changes to our business because this is a moment where we can adjust our business to really focus on what is selling and what's working. and what's working and selling today is not what was selling and working five years ago. i think we all know that. when we were in the pandemic, so we're now in a new world and so the exciting part for us is to really adjust our business to offer those solutions and that is what i'm working on every single day to make our business as strong as it can be, to deliver these margins and deliver the cash flow, which has been extraordinary, and to make our customers happy. >> bill: in the end that's his job. when he talked about those solutions what was he referring

to? >> he is talking about the cloud business, bill, as well as artificial intelligence. a.i. is a huge topic here. a lot of people talking about how it will change their business. i would point out he is among the tech companies that are fighting back rumors that he is about to cut job. there is a debate ongoing here and throughout business of how strong the economy will be in 2024. it is all about the federal reserve. there is a big expectation the fed is going to be cutting interest rates this year and some people are expecting it as soon as march. i'm saying if you are going to cut interest rates between three and six times this year beginning in march, then you are probably reacting to a weaker back drop, a deteriorating economic macro story. i'm a little skeptical of all these rate cuts coming. we'll see. we probably will see rates come down as a result of an economy that is slowing.

big topic of conversation this week as well is what is the election going to mean. a lot of people talking about the possibility of a trump/biden rematch in november. that certainly is also leading different company executives and heads of state to try to figure out their approach to the united states. it is all connected because, of course, the economic story in the united states is also going to be top of mind for voters once november comes and we are talking about getting to the voting booth for election 2024. >> bill: it is tied together. you look comfortable there. enjoy the week. mornings with maria will give you the pulse of davos on fox business. enjoy it. >> thanks, bill. >> dana reads sports. >> dana: talk about unsportsmanlike conduct. a surreal scene playing out during a college basketball game on tuesday between alabama and

missouri. >> whoa, whoa. i think --. >> dana: the head coach shaw after a minor scuffle broke out. no technical fouls were issued. both apologized after the game calling the situation unfortunate. alabama won 93, 75. why do coaches get involved? >> zbl that's the first time i've seen it. the headline was more extreme than the physical contact. i would like to see it again. >> dana: we like to have drama. >> bill: you are asking me on a juror in the case i need to see the evidence one more time. i don't know if we'll have that. >> dana: it was three-pointer in case you didn't know. >> bill: stand by, here we go. >> dana: it's there, you missed it. [laughter] we won't play it again. >> bill: they will not select me

for that jury. check this out 911. >> please hurry. >> you said there is smoke? >> yes, in the elevator. put your shirt over your nose to filter it. >> bill: you can hear the panic in the 911 calls. a hotel explodes. what investigators say caused the blast there. accusations of misconduct surrounding the georgia d.a. and her handling of the trump election interference matter. when we can expect to hear those arguments play out in court. you can get it without a satellite. one more reason to finally get rid of cable. but getting rid of the cable guy... ...might not be as easy. oh yeah, touchback! visit directv.com for up to $200 reward card. men tell us when they use just for men® to eliminate gray, there's a great "before and after". then, there's the 'after the after' that boost you get when you look and feel your best. and that's why more men choose just for men®.

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we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >> bill: more trouble for hunter biden coming your way. federal prosecutors argue than hunter's gun charges should not be thrown out after they found cocaine residue on a pouch he

used to store his gun. he is facing three felonies after being accused of lying on a federal firearm form. faces up to 25 years in prison if found guilty on all three counts. it appears his side is saying you are trumping up these charges and they said trump has nothing to do with this and then they dropped this thing about the evidence on the gun pouch. it is where it is right now in california. >> dana: it should not be allowed is what we recall. we'll see that on "the five" tonight. explosive allegations that fani willis hired her romantic prosecutor as a top prosecutor in a trump meddling case. steve harrigan following the story live in atlanta. hi, steve. >> the drama is heating up here in georgia. the judge in charge of the election interference case here has said there will be a hearing as early as february to look into the possible relationship

between the fulton county d.a. fani willis and a prosecutor she hired, nathan wade to see if there was anything improper there and whether the d.a. benefited from that relationship financially as well. >> given money to somebody who is your romantic partner. it extended the amount of time to bring the case and financially benefited him and a person looking at the case might wonder did you make those decisions to benefit your romantic partner. >> so far willis has neither confirmed nor denied there was a relationship between the two. she also said the accusations are racially motivated. now there is going to be a hearing later this month. wade is going through a divorce. several media companies are trying to get the divorce records unsealed to see if there is evidence of a relationship. even if there is one, it is not clear it will be enough to

remove willis. certainly does give a lot of fire power to those who say the former president's prosecution is politically motivated. dana, back to you. >> dana: thank you. >> bill: we might get a major update in a case we've been waiting on now. daniel penny is a u.s. marine back before a judge in the choke hold death of jordan neely happening several months ago. will the judge throw the charges out against the marine? we could find out today. plus california might ban football for kids under the age of 12? is that a safety issue that should need the attention of the state or does it trample on the rights of parents who choose to play? >> he only has one brain, only one life and there is irreversible damage to kids' brains. ♪ i take once-daily jardiance, ♪ ♪ at each day's staaart. ♪

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>> what is the address for your emergency? >> the hotel.

we are stuck in an elevator filled with smoke. there is a fire. >> what's the elevator? >> dana: newly released 911 calls revealing last week's hotel explosion in forth worth. two dozen people were hurt. one woman critically. it was likely caused by a gas leak. a scary situation there. >> youth tackle football is embedded in these communities and lifeblood and serves as a vehicle to education, opportunity, alternatives to some really negative activities. >> bill: question in california. will football look very different very soon. state lawmakers trying to ban tackle football for kids under the age of 12. some say it's a matter of safety. others say a prime example of a nanny state. the football commissioner with me now. good morning to you. thank you for your time. here is what the ban would do

for kids younger than six starting in 2025, no tackle football, flag football. and eventually include all children younger than the age of 12 by the year 2029. you don't like the idea, you have a youth football league. why not, jay? >> well, clearly flag football and tackle football are two different sports. two different events. we clearly with over 9,000 kids in the sacramento region playing tackle football, there is no mechanisms out there right now for flag football in the inner cities and rural communities, the vast majority of our kids come from. it would seriously alienate them from playing the game of football and we don't believe this was a case of safety for football in the first place. we believe this was clearly a overreach bill that the governor eventually came out and said he

could not support. >> bill: here is what on average these are the stats we're given, okay? i don't know if you agree or disagree with them. 378 head impacts per athlete during a season and in practice you get seven head impacts on average. game 13 head impacts on average. you have 9,000 kids. how many concussions among 9,000? >> well, with over 9400 kids last year in my league alone, we represent less than a quarter of the football players in california in my league. we had less than 20 cases of concussion last year or even suspected concussions that went into return to play protocol in the state of california. so we believe that this clearly wasn't about safety, it was about something else. so we keep those documentation. all the reports for injuries in my league come to my desk and

those numbers clearly don't reflect what's really happening in youth football in california. >> bill: what is the something else you mentioned there? >> well, we personally believe that the man who authored this bill had something else in mind. political aspirations or whatever, get his name out there. we clearly don't believe this was about youth football itself. our sheriff actually offered the bill in the assembly in 2018 that many youth tackle football in california the safest in america. my counterparts in other leagues around the state are now governed by state law that this governor signed that bill and we do things in california now that no other state does. helmet recertification. training of coaches, tackling techniques. they are all implemented in california that aren't done in

some other places. so we believe tackle football not only california but in america is safer than it has ever been with equipment, manufacturers, safety built into all the equipment. we believe it is the safest -- one of the safest sports in america. >> bill: i want you to listen to a montage of assembly members in sacramento. >> five, six, 11-year-old should not be experiencing hundreds of sub concussive hits to the head on an annual basis when there is an alternative. >> it is a very dangerous and violent sport. no if, and or buts about it. >> head impacts lay the foundation for brain injury. >> there are the advocates pushing that bill. want to give you a final word. i don't know if the governor will sign it even if it gets to his desk. >> what we're hearing right now

is the governor has come out against this bill. we're not taking a victory lap yet. we will all be at the capitol tomorrow -- today at 11:00. we're still fighting for this bill. it is on the floor of the assembly and hopefully it gets kicked off the floor and finally put to rest before we get to the that. we're fighting for this bill and the kids in california. >> bill: newsom says an outright ban is not the answer. you might get your way. thank you for being here. >> thank you. >> dana: fox news alert. a few moments ago you were talking about daniel penny, the man accused of the murder of jordan neely who was on the subway. he is in court right now. this is the question in front of the court today. should this case be dismissed? he is charged with involuntary manslaughter. he had put the man in a choke hold on the subway car because he said he had to intervene