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>> kayleigh: we're taking you live to an nypd news conference in brooklyn, listen. >> we'll take a couple questions and get out of here. bring up nypd chief of department. >> thank you. good afternoon, members of the media. by now, just a few moments ago, you should have received a video from d.c.p.i.showing yesterday on march 14th, 10 to 15 minutes prior to the terrible event that happened a male entered the subway station and did not pay his fare. he gets on to a manhattan bound a train and eventually gets into a dispute with another male and pulls a firearm out during the

dispute and he's disarmed and shot with his own gun. the reason we want to bring this additional information to you and this is not even a 24-hour old incident, evidence is unfolding. we want to underscore importance of when we keep our subway system safe, it requires member of police department to be down there and members of the community to help us out. it was incredible what people from the community did yesterday, people tried to intervene and recorded the incident giving us evidence to piece together questions we had. it is important the nypd enforce quality of life. it is important we enforce service and people not paying the fare. oftentime we see people enter

into the subway station looking to cause harm and they never pay the fare. so this is why we stress to all officers, it is important to address theft of service and same time stress we never ever diminish our officers authority to show discretion if a young child who does not have money to pay the fare, a young parent who doesn't have money to pay the fare, our officers have discretion to speak to the people, record their name and do not issue them a fine. so we will continue to be in our subways, we will continue to address theft of services, people not paying at the turnstyle. i want new yorkers to rest assured we will use our discretion and be fair to people, as well.

>> absolutely. you know what, commissioner daughtery has been enforcing and leading the charge of theft of service and quality of life condition down in the subway system and i'll let him speak about what he's doing down there and why he's been doing it. >> thank you. thank you, chief. like the chief said, sometimes people ask why would we do such a big operation for somebody not paying $2.90 fare. it is not fare for average new yorker to go to work everyday, swipe their metro card and pay the fare. we are seeing small group of people, small group of individuals we catch during these operations. >> kayleigh: we'll break away for a moment as he lays out a

horrifying incident that transpired yesterday 4:45 at a manhattan train. viewer discretion is advised, if you have young children, remove them from the room, take a look. [screaming] [video playing] >> all the way down, baby. >> let me out. let me out. let me out. let me out. let me out. let me out. [shot fired] [shots fired]

>> emily, it was a jarring moment and just to take our viewers through the video. video begins, you see a fight ensue and it seems to be a fist fight. you see a woman off to the side who appears to be associated with one of the men, as we see them and laid out. she appears to have an object and the 36-year-old man is seen bleeding, seems to have incurred an injury. you see the 36-year-old man take out a gun and camera breaks away. there is a tussle between a 36 and 32-year-old man. and the 32-year-old man with the 36-year-old man's weapon fired upon him and he's in critical condition. you see subway goers flee from the scene. one fact for sure, if you're someone who depends on new york city subway, if you are a mom who takes your son or daughter

to school everyday and depend on it, this is terrifying. >> emily: the video made me sick to my stomach, i can't imagine being there in person. the feeling i kept being overcome by, that trapped feeling, you can imagine, i'm getting chills talking about it, because the subway was moving. the poor woman screaming let me off, but the train was moving. the train was moving during the video. >> kayleigh: take you back to the press conference, a lot of questions to be answered. >> we will take a couple questions, this is still an active investigation. we will take a couple questions and transition to st. patrick's day security. >> chief or commissioner, what is involved in the [indiscernible] -- procedure?

>> so when the officers, when the officers engage in individual that does hop the turnstyle, they ask for identification and do a warrant check to see if the individual is a recidivist and cannot get a summons, he has to get a criminal summons or get a warrant. if the officer finds a warrant, they are placed under arrest and recover weapons, knives, drugs, etcetera. >> move over. nbc. >> chief, is there -- talking about the transit cops responding quickly. their body cam would likely show this if possible, can you release that body cam to show what they went through? >> i can't release that body-worn camera yet, this incident is not 24 hours old.

this is still an active investigation with the office and members from 84th transit detective squad. what we're doing here and i know we are piecemealing information out, we just want to update new yorkers and media as much as we can. we wanted to provide additional information as we got. as the investigation unfolds, i'm sure we'll release more video and further updates and our great district attorney will make a decision what is going to happen as far as charges. >> looking at that video, seems like this person was perhaps disturbed and seems as though this is type of person we've all seen on the subway before. are you identifying him and does he have any priors? >> he is identified. i'm not going to speak to priors at the moment, the detectives are still investigating. i don't want to speak to that, i

don't know what is sealed and open for discussion. it is part of an active investigation. i saw that video, i think i had the same thoughts, as you. seems like the male was making inferences as he was a police officer speaking to the person having dispute with. it is very alarming. we know we have people in the subway that suffer from mental illness and it is important police department play a role with clinicians and people qualified to deal with this, you saw the results yesterday. two or three more before we move to security. >> what's up? >> this incident getting strong reaction from the public. does the fact [indiscernible] -- with a gun bolster the case or introduction of metal detectors --

>> i think it does support that. i'm not saying personally, but when you layout evidence and facts, someone walked into a train station with a gun and everyone here saw the video, saw fairly crowded a train car with people laying on top of each other scared because someone drew a gun at that point. i'm not saying i'm for or against, but it does support that. >> sam. >> did the 36-year-old jump the -- to get into the sufficient and how many guns have you confiscated this year in the subway system? >> he did not jump the turnstyle, he walked through the gate to get in. and i'll get back to you with how many guns -- you have it? 17 guns. i was mixing up this year and last year, we took a lot of guns

last year. this year 17 guns removed, addressing quality of life infraction and people not paying the fare. >> yeah, the last question on this upon toic. i want to thank the new yorkers that flooded our tip line or sending videos and tips on the train or may have heard what happened. thank you. if you think you may have seen your video that you may have taken on the train, please send that in, we encourage new yorkers to send in all tips and videos to put this case together. >> commissioner, we spoke a few minutes okay that people are trying to get to work on time. there is perception that you acknowledge people don't feel safe. shooting in downtown brooklyn may not affect a commuter in flushing, queens, what do you hope to accomplish by -- so many

people that day. >> the perception issue is a lot has to do with dcpi, and how we communicate about safety of the city. when you think about our transit system, nothing comparable to anywhere else in the country. we move around 200 million riders per year and at the end talking about every victim matters, very miniscule amount of violence happens in our system. it can be polarizing and put people in fear, we are keeping a large amount of people safe. as chief and commissioner said, yesterday alone, millions used the subway system, we are talking one incident, an important incident. perception has to do with how we talk about safe subway system in

new york city. we do have incidents. no other place in the world you move 200 million people and never have incident take place. >> matter of timing, is right after shooting right time to make a statement? >> absolutely, because no matter what the timing is, the fact is that coming through the turnstyle or security gate without paying has not changed. what i said about principles, our mayor was a transit cop. >> kayleigh: you are watching an nypd press conference about incident yesterday. man-on-man hat an a train was shot with his own gun. he did not jump a turnstyle. he walked through some sort of gate. we will gather more facts. we will show you this video.

viewer discretion is advised. take a look. [screaming] [video playing] >> get down, all the way down, baby. >> let me out. let me out. let me out. let me out. let me out. let me out. [shots fired] [screaming] >> kayleigh: horrifying, new york city subway that millions of americans rely on. hello, this is "outnumbered," i'm kayleigh mcenany here with my co-host, emily compagno, fox

business anchor and host of american dream home, cheryl casone, fox news contributor and host of tomi lahren is fearless on outkick, tomi lahren and 32nd under secretary of the army patrick murphy. this is inkocomprehensible to people who have to use the subway for work or take their kids. a friend took her infant on the subway, this is something people rely upon and don't expect knives and gun fights. >> cheryl: i was on the subway at 4:45 yesterday. what they touched upon and they have to deal with it now is the population on the subway, mentally ill and chemically addicted. i see it everyday and because of what happened to daniel penny,

the marine who defended his fellow passengers. no one wants to do anything. i have never seen so many people look away. you see a crazy person for whatever reason, disturbed, when they get on the subway, you see people look down, look away, they are on their phone, ear buds are in, they want to get from destination a to destination b and be safe. they have to deal with the subway system in this city and want more funding. >> kayleigh: you hear this woman screaming let me out, if i'm on the subway, i'm that woman screaming let me out. you hear where is nypd. take our viewers back to a moment in time, call to listen to it, to defund the police. no justice. no peace. >> no races. no peace. >> no justice. >> no peace.

>> we are demanding he deyou fund nypd by $1 billion. >> kayleigh: where are the police? i mean, for a while new york city some in the city did not want the police. >> emily: today the police union chief says we are 2700 police below pre-defund the cops movement. last year 3000 officers retired. remember in november, mayor adams called for budget cuts. he reversed course in january and said thanks to budgeting, we will restore, but again, we have not made up for that colossal loss that occurred because of the defund the police movement that elected officials listened to. mayor adams came out and said it

is the mica, mentally incapacitated and talked about 41 horrible assaults against conductors and employees and the like, nearly half had prior arrests and known to nypd. he's talking about not paying fare, that is hallmark everyone comes on. >> yeah, broken windows. two takeaway, rudy giuliani implemented the program when he was mayor. little things you have to crack down on, such as when the police officer said that is what we crack down on. that is a good thing. if you let little things go -- >> kayleigh: what about cashless bail? >> sean: they put the national guard in the subway, as well. it is definitely tragic and

heartbreaking and in the catholic school uniform on the train, it breaks my heart, as well. >> kayleigh: tomi, just a few moments, he says no one is safe until we repeal cashless bail, let brave folks nypd do their job. >> tomi: it is culture of lawless think, not just new york city, but around the country. i am glad you played the clip from 2020, that is when it hit fever pitch and people saw and said, i can do whatever i want and get out of this. court of public opinion tells me i can do anything. this is seeping into the younger population, we had this poor girl in st. louis high school beaten into the ground, her head smashed into concrete. young people watching and bystanders recording, this is not just a problem on the subway

system, this is entire population. someone like daniel penny could have stepped in. >> kayleigh: maybe someone wouldn't have been shot. big moment in the georgia case as judge issues new ultimatum to d.a. fani willis. [car door shuts] [paparazzi taking pictures] introducing, ned's plaque psoriasis. ned, ned, who are you wearing? he thinks his flaky red patches are all people see otezla is the #1 prescribed pill to treat plaque psoriasis. ned? otezla can help you get clearer skin, and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for nearly a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression,

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fani willis. superior court judge scott mcafee said willis must cut ties with nathan wade or step aside herself calling willis and fani willis's bad judgement but do not constitute actual conflict of interest. willis may end up staying on trump's case, willis is under investigation by georgia senate committee and what they find could impact prosecution of former president trump. bring in jonathan turley. professor turlyey, the immediate question, will we see interlockatory deal, that typically comes following a case. judge mcafee could allow that before the case.

>> jonathan: that is distinct possibility, either side could try to take that rare step to seek review. the decision by the court has many strong aspects, but the conclusion disconnected in that he's disqualifying wade but allowing willis to continue. many people said, it is very solemn decision splitting the baby. difference is that king solmondid not split the baby, the baby survived. this is not that verdict. in this case, you have willis who put her own interest ahead of the case, ahead of her office and the interest of the people of fulton county. many aspects of this decision are scathing. he goes after willis for playing the race card as he refers to it

in her speech, remarks before the church. he shows they both used horrendous judgement, but only disqualified one of the two. >> kayleigh: put up some language from the indictment for you. we have this loaded, because conclusion does not match language we see. he talks about odor of men dasity remain, tremendous lapse of judgement, unprofessional manner of d.a.'s testimony, impropriety that affects structure of the team. what happens if the georgia senate gets the 2000 calls and 12,000 interactions, what happens? >> jonathan: that is really why weeks ago willis should have removed herself if she was fulfilling her oath. i think this is unprofessional

that she has put her own interest ahead of that of the case. what is fascinating, the court indicates it did not believe wade, most of us felt he committed perjury, though hasn't been charged. hard to reconcile his statement given to earlier court about sexual relationship during his divorce proceedings and his denial of any relationship before he was hired. that stands contradicted by witnesses and some evidence like phone records. the judge doesn't suggest he are habilltated himself, he disqualified himself. willis adopted and supported that testimony. if he was lying, so was she. keep in mind, they are prosecuting people for making false statements in this case, prosecuting people for filing

false statements with court. how on earth you continue with that cloud over your head, i don't know. >> kayleigh: refers to mendacity and they are prosecuting people for mendacity. thank you. emily, underscore, why did the judge rule this way? with regard to evidence, heard robin yeartie and he said neither side conclusively established when the relationship evolved into romantic one and such reim reimbursement practice, willis said i reimburse with cash, he said it is unusual, lack of documentary is concerning it was corroborated by other evidence. what happens to paul mauro's point when we find out what is in the text messages from 2021.

>> emily: respond in opposite order, georgia senate investigation is happening, what we might learn from georgia senate investigation is apparently concrete evidence of when the relationship started, this testimony wasn't enough. and the georgia governor and georgia attorney general both have power to appoint special prosecutors to investigate more. what would happen if we learned that? fani willis might be proven pe perjorious and unfit. the standard, the bar, is pre prepond renes of evidence. on its face, they were in a romantic relationship, improper

motivation, unjust financial enrichment. on face, it was conflict and he said they have not proven to legally suf standard that actual conflict occurred. take that, what you will. end of day, what we'll learn will prove to have negative effect on this, prove to dilute the caliber of this decision most everyone watching is like, what are you talking about, get him out of here. >> kayleigh: tomi, i saw you nodding talking about georgia legislature. i want to show what we will learn. this is 2021, insist relationship began after nathan wade appointment. 12,000 contacts, 10,000 are texts. i don't contact my husband that much and i love my husband. >> tomi: i agree with you and i also love my husband. this whole thing here is a big win for team trump, maybe if not

legally, at least in court of public opinion, biggest battle with trump is public opinion. they are looking at this and think this seems fishy and i might not know legal ins and outs and think the judge is crazy, average american is thinking they have done a lot to go after this man and all these people going after him in pursuit of democracy seem to not care about democracy and this fani willis is so reckless and flagrant, if your "mothers and daughters of the bible speak" vagz is going after trump for sake of democracy and you have text messages, at least tighten it up and clean it up. she thought, this will never come back to me. that is a slap in the face of people of fulton county.

>> cheryl: the judge addressed the cash payments, anyone listening know anything about venmo and zelle would know it did not seem to be the truth. defense was not able to prove that in the judge's mind. this judge might have a political issue here, he was at rotary club last night campaigning, he's got to get back in the good graces of electorate. >> kayleigh: win for fani willis, loss for democrats who are trying to wage legal cases and this stinks. >> she won the battle, might be losing the war. i agree with the judge, poor judgement, it is distraction, underlying case is potential violation of georgia law with recorded phone call that may or may not have tampered with democracy of the 2020 election. >> kayleigh: case that may or

may not happen prior to november. we are watching and will listen. the white house wants to win young and minority voters and bringing in big names, including rapper fat joe.

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>> kayleigh: with all issues on top of voter minds, crisis on the border, crime, inflation, vice president kamala harris about to hold a round table highli highlighting marijuana. rapper fat joe. they are trying to appeal to young voters, is that the way to do it and right priority? >> tom: this week, things are

pattern kamala harris cannot address certain issues like border, she can address two things that are disney land for democrats, abortion and weed, that is what they think of their voters, those issues will get you out, abortion and weed. they might not be wrong. it might be a winning strategy for democrats, if they can get people out to vote, weed and abortion. sad reality, but it might be true. >> emily: never mind hypocrisy when she was district of attorney she prosecuted people for that. >> patrick: what's love got to do with it. i have never done drugs in my life and i was a prosecutor, as well. different states have medical marijuana or marijuana, it is legal now. we have to address as a nation,

donald trump did this, too, talked about bail reform and they are trying to make a strong push and a lot of folks each in freedom caucus, like scott perry saying we should legalize this and have same federal standard, which it is not right now. >> emily: many things can be important, there is priority many thing this vice president and president are missing. it is important, is it is more important than inflation and crime? >> cheryl: about legalizing marijuana, there is democratic congresswoman in new york city, put out a report this morning about what illegal pot shops have done to neighborhoods about crime, because they are cash businesses. break-ins and potential fentanyl exposure, that is happening with legal weed, which it is not. these states, especially colorado, look at impaired driving in colorado. let's expunge record of

everybody i 3r0s cuted when i was d.a. it is what it is doing to states that have legalized it. not good at all. >> emily: polls illustrate how young voters feel about this presidency. 61% disapprove, voters under 30, of the president. throw them on the screen. the list goes on. as tomi said, is way to get them back through weed and visiting abortion clinics? >> kayleigh: it is part of it, i do. patrick, correct me if i'm wrong. i surmise that kamala harris' role is crystallized in my mind. she's in this campaign, attack dog to win back progressives and young people, why she's on college campuses. yesterday she went to an abortion clinic, first vice president to do so, the president has not even done that. that is not necessarily play for

suburban women, it is play for young people. this marijuana is play for young people. her position on gaza, play for young people. i think she's far left attack dog, they see mutiny in poll numbers and she is the one to bring union people home, that is her plan. >> patrick: it is about suburban moms and reproductive freedom. >> kayleigh: that is not her role, biden's role is bring in suburban moms. >> patrick: i'm a proud democrat, after dobbs decision, special election -- >> kayleigh: majority of voters want some sort of line and going to an abortion clinic appears you are celebrating that. >> patrick: i think most americans are for reproductive freedom. >> kayleigh: with a line. >> emily: coming up, aaron rodgers hit back at cnn, don lemon and why women are behind

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>> a lot of action in the donald trump court cases, we are ready to go for you. bernie sanders proposal for 32-hour work week, will it fly? our economic panel takes up that debate. what is future for u.s. steel debate? will it stay here or will japan take over? larry kudlow gives his thoughts. the gold star father arrested for interrupted biden. i'm john roberts, join sandra and me at the top of the hour. >> emily: time for in case you missed it. aaron rodgers is hitting back

after this headline, r.f.k. jr. vp prospect has shared false sandy hook narrative. >> what happened in sandy hook was a tragedy, i am not and never been of the opinion the events did not take place, i hope we learn from this and other tragedies to identify signs to allow us prevent unnecessary loss of life. tomi, some argue, it looks like he is probably likely vp nominee if cnn is coming out with a hit piece trying to discredit him. >> tomi: press or media have not like aaron rodgers since he came out against the covid vaccine. he has talked about jimmy kimmel

and the hit list, if he says something, he doubles down. if he says i never said this, i tend to believe aaron rodgers. he is not somebody that goes with wind or changes his tune because he is afraid of culture cancel. i don't like the idea someone will say in a private conversation someone said this that is not only inappropriate, when it comes to gravity of this situation, disgraceful. >> emily: great point, he has history of being firm and clear with his unpopular left opinion. >> patrick: yes, so i agree, he is definitely a person of character and conviction. i disagree on the jimmy kimmel point. he backtracked it a little bit and has not been on. i think that most folks in new york are saying why are you focused on free agency and why

aren't you worried about playing professional football, he has a contract. whether or not he deems that profession or not, i think it is not easy to go into political public service. >> tomi: left is fine with colin kaepernick and others do it. >> emily: x owner elon musk standing by decision to cancel partnership with don lemon. the two reached an agreement for lemon to produce content on x with musk set to be featured in his first interview, watch. >> are you under the influence of anything? you learned your lesson, what did you learn? do you know what the term woke means? do you have responsibility for truth? >> i thought the first person to interview, elon musk, calls himself free speech absolutist,

i asked him to do it and he agreed. it does not apply when it comes to questions to him from people like me. does he have a reason to be upset? >> emily: x is saying the don lemon show is welcome to publish content on x without censorship, we reserve right to make decision about business partnerships and unfortunately, all lemon wants to do is rehash the dying cnn business model on social media, which will do worse than it did on capable tv. drop the mic. >> cheryl: musk said he has zucker in his ear and he got fired. you were sitting there with -- look, sometimes elon musk and bezos goes back and forth, elon

musk is worth $200 million and that is the interview you do with him? he is a genius, i saw missed opportunity and he just gave you a deal and you attack him on your platform? don lemon, not the smartest move. >> kayleigh: don, don, don, you really have the oddacity to say do you have responsibility to the truth? you're don lemon, you help perpetuate the russia conspiracy with your compatriots over there at cnn. i've missed don so much, outside of gutfeld, greatest comedy on television. it is that crazy. come back, somewhere, don, i will watch. >> emily: guys, come back to us, more "outnumbered" in just a moment. if your moderate to severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose...

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>> emily: last but not least, st. patrick's day is this weekend and it's time for stouts to shine. the dark beer is naturally lower in calories and carbs and has been growing in popularity over the years, especially among women. guinness, the world's most famous stout brand, saw sales rise 20% in north america last year and roughly 13 million pints will be served on sunday, 12 million of which will go to my stomach. what do you think about that? have you seen a rise in stout consumption? >> no doubt. i am celebrating st. patrick's day week with this green jacket and yes, i will be having a guinness on sunday and i'll tell you i think it's great. i'm like a pro feminist, everyone should drink stout. it's all good. >> emily: and you were saying you love it too, cheryl. >> on sunday i have a race here in new york city and for some reason after the races there's nothing like a guinness or a stout beer. but -- so like once or twice a

year. but the sales jump 20%, it's women drinking stout beer, i think it's great. basically, oh, i found out it has iron, b vitamin and antioxidants. >> like a peptide shot. >> i'm not a fan of guinness beer, i feel it tastes of a pine cone but i will say this. i don't know if it's because of all the health benefits. i think people just got off bud light last year and were looking for alternatives, so people found other alternatives like guinness instead of drinking a bud light, that might can the for it more than the health benefits of a guinness. >> kayleigh: let's be real, no health benefits to beer, there just aren't. go big or go home. you used to like bud light platinum, but i was in search of another beer, tampa, florida, jai lai ipa.

it is a big, heavy, ipa, get one. >> i was stationed in germany, i took vacation with my buddies and we went to the guinness tour in ireland, and we were there for four hours, and lieutenant patrick murphy was not reporting for duty that day. >> your jacket, too. >> emily: for a lot of people, they look at a stout or a guinness and think it's going to taste thicker and heavier than it actually does. it's a pleasant surprise. >> i think it tastes a little like coffee. >> everything, everything. >> that's my problem. >> unfortunately, everything. >> she's italian. >> a lot of guinness on sunday, that's for sure. thank you all for watching us today. don't forget to dvr when you can't watch us live. here is "america reports". >> they established that there was an improper relationship, at least for the purposes of