cuomo said today that lawmakers will make adjustments if needed and are open to discussing options available. >> neil: all right, laura ingle, thank you for that, thank you for joining us, i will see you on the five, here's teresa gallagher, thank you for helping me out last week. >> no reaction and a warning from the trump administration as protests rage and tehran after the iranian government admitted it mistakenly shot down a commercial airliner filled with innocent people. >> in their calls for freedom and justice, in their justified anger at the ayatollah, and his minions. what they have destroyed inside of the islamic republic of iran. i want to repeat, president trump's insisted that iran not harm a single protester. >> human rights activists have been releasing video that appeared to show police cracking down on demonstrators with tear

gas, rubber bullets, and possibly live me mission. iran's government has denied shooting protesters. [chancing] >> angry crowds chanting "fight with us, we will fight back" and calling iran's supreme leader a murderer. meanwhile, back at home, the trump administration continues to face tough questions about what it calls an imminent threat, which it used to justify killing around stop general. president trump has defended the killing and claimed qasem soleimani was planning to attack for u.s. embassies. secretary of state mike pompeo is apparently refusing to testify in front of the house foreign affairs committee tomorrow. we have fox coverage, we we begin with benjamin hall reporting live from them on jordan. benjamin? >> trace, over the weekend these protests spread their round to

17 different processes. the anger that continues to mount after ron acknowledged that it was behind the shooting down and the ukrainian jet that left 176 people died, most of them iranian. thousands took to the street over the weekend as well, reports are coming out that the regime opened fire with live rounds and teargas to try and disperse them. pools of blood could be seen on the ground were right police attacks. secretary pompeo speaking in the last hour warned of the iranians not to harm protesters. >> right now, you can see it, the iranian people are in the streets, they are likewise they are in astounding numbers, in spite of enormous personal risk to themselves. they are burning posters and billboards with soleimani's face on them and chancing "soleimani is a murderer." they know he was one of the key architects of their oppression. >> yesterday, there were not only calls for justice and iran, but also calls for their leaders to step down. chanting "the u.s. is not our

enemy, the regime is, they lied to us, soleimani is a murderer." this civil unrest follows munch of pressure, hard-hitting sanctions, many people saying the iranian regime at the moment is certainly on the back foot. trace? >> meanwhile, were getting some of the pictures of damage those iranian missiles because to the iraqi bases. >> that is right, the first image is now coming out from the all assad base. from those ten iranian ballistic missiles yesterday. looking at the damage, it is quite remarkable that nobody was killed. remember, this was iran's most direct assault on america since the 1979 seizing of the u.s. embassy. several were treated for concussions from the blast, though none killed. american troops, we now know were informed of an imminent attack two hours before the base was struck in the order was given for them then to take cover in bunkers, that barrage continued for nearly two hours.

while the iranian regime itself is saying they do not want to escalate this, their proxies or saying something different, still these threats, these calls for revenge, we saw five rockets fired at a base in iraq yesterday. they concern now is that the threat would come from their proxies. >> on it goes, benjamin on the ground in jordan. meantime, fox coverage continues come over to capitol hill malchow where we are learning secretary pompeo will no longer be testifying tomorrow on the operation to take out general soleimani, our chief congressional correspondent mike live for us on capitol hill. >> good afternoon, house republican leader kevin mccarthy tweeting about this issue today, writing, i am introducing a resolution in support of the protesters in iran, the world is watching, the people of iran need to know that they are not alone in this pivotal moment. another leading house republican said today, he is hoping that if the regime overreacts, the u.s. and europe will get closer together.

>> the good thing is, if the europeans see them shooting their own people, as well as shooting down the civilian airliner and lying about it, and so forth. maybe they will stand with us, sanctions and the rest to put pressure on the regime to chan change. >> meanwhile, kentucky republican senator rand paul continues asked pressing concern about the u.s. use of military force. >> it is also arrogant to say that a vote from congress 16, 17 years ago, that that vote now binds another generation and another generation into warne rock. it was against a saddam hussein goodness sake. >> many folks on capitol hill are watching the level of protests and the reaction from the regime in tehran. >> mike, what are democrats saying? >> democrat democrat senator chris coons offered this on twitter today, reading president trump's stance with the iranian people as a first step to iranians.

i encourage donald trump to lift the unconstitutional muslim ban which imposes a blanket ban on iranians entering the u.s. hashtag no ban act. >> he can't launch offensive hostilities and then go to war. we cannot have a war with iran, that is something that my constituents overwhelmingly are against, they are continuing to pour in their emails and phone calls and correspondence to that effect. >> others are still questioning the administrations argument for taking out the top iranian general. >> the president justified it on imminent threat, yet, there was no specifics about an imminent threat. so, yes, i think he was trying to cover what he said, and it is certainly inconsistent with the secretary of defense. i think with our intelligence community. >> democrats are also questioning the president's claim that the top iranian general soleimani was seeking to take out up to four u.s.

embassies. >> mike emanuel life for us on capitol hill, mike, thank you. another big story of this hour, lawmakers setting the stage of the third presidential impeachment trial in american history. house speaker nancy pelosi is expected to hand over the articles of impeachment as early as tomorrow. let's bring in our senior producer for capitol hill, chad program, chad. >> pelosi meets with democrats tomorrow morning in a caucus to discuss the next steps. the speaker has to schedule a short debate and vote to name and impeachment managers and send the articles to the senate, that could come tomorrow, but may be as late as wednesday or possibly even thursday. then, they packed the articles of impeachment into cherry boxes and march them to the senate. we will also learn the names of the impeachment managers. they will prosecute the houses case to the senate. senators must also approve a resolution to receive the articles. if house votes tuesday or wednesday, the senate could formally start the trial later this week. the first is often ceremonial,

that includes presentation of the managers and articles to the senate. the meat of the trial minutes or until next week, chris. >> and chad, the senate majority leader mitch mcconnell says he wants to follow the model used for president clinton's trial. >> right, there are 26 rules which govern impeachment in the senate, but if the senate does anything outside of that realm, it must conduct a vote for us. mcconnell says he has 51 votes to handle things the way they did for president clinton's trial back in 1999, that means that senators must to sit at their desk for 24 hours total to hear the house managers present their case, and then 24 hours for the president's defense team to rebut the house. then 16 hours for questions. at that point, they would go to witnesses, senate impeachment rules dictate the trial start at 1:00 p.m. every day, saturdays included, federal holidays included, clinton's trial consumed more than 104 hours back in 1999, trace. >> of course a big part of the stand up, chad, was over witnesses. where do we stand on witnesses?

>> susan susan collins is working behind the scenes, vulnerable republican senators are facing reelection on the spot. cory gardner of colorado, joni burnt stove, chad life or some capitol hill. >> 23 days alone in the wilderness of alaska, no food, shelter, communication. coming up in his first live interview, how one man survived after everything he owned burned to the ground. and a suspected serial bank robber walked out of jail and said even he couldn't believe it. now, police say he is continuing to commit crimes. the new law that got him out from behind bars and back on the street. plus, brand-new details on the deadly shooting at the naval air station in pensacola, and what investigators say the shooter posted ahead of the attack as a

warning. from all the journalists of fox news, this is "fox news reporting." a continuous glucose monitor, you can check your glucose levels any time, without fingersticks. ask your doctor to write a prescription for the freestyle libre 14 day system. you can do it without fingersticks. learn more at freestylelibre.us

>> this was an act of terrorism. the evidence showed that the shooter was motivated by jihadist ideology. during the course of the investigation, we learned that the shooter posted a message on september 11th of this year stating "the countdown has begun."

>> that was attorney general bill bartsch speaking about the shooter responsible for last month's attack at a naval air base in pensacola, florida, that killed three american service members and injured eight other people. the shooter was a member of the saudi air force who was training at the naval base. at the shooter also confirmed that the u.s. is expelling more than 20 saudi nationals who trained with our military over anti-u.s. social media post. david reporting live from the justice department. david, they are on their way this is the first time, though, we heard the attorney general right behind me on stage list about 30 minutes ago called as an act of terrorism. he provided many more details about this incident which happened on december 6th at naval air station pensacola and florida, really a tragedy, we know the shooting lasted about 15 minutes, the shooter 21 years old, we know who went to new york, checked out the 9/11

memorial, as you just heard the attorney general say, he said the countdown has started. they go about 18 months tracking the shooter, i want to talk with the victims here, the three people that were killed, eight were injured, three were killed. joshua watson, cameron walters, miss ahmed miss has some. they all left their life. the gunman, obsessed with violence had watch videos of mass shootings for years, he even shot a picture of president trump, also took a shot at a picture of a former president, though officials did not say who that president was. we also got some pictures of apple iphones today, apparently the shooter had to apple iphones on what she had different types of information on. authorities say he tried to destroy these. when he actually shot through that phone, but fbi forensics officials were able to put that phone back together. however, the attorney general bill barr said he and his team are beyond frustrated with the company apple because they said

that apple will not provide the password for the phone, take a listen here to the attorney general. >> it is critical that the public be able to get access to digital evidence once it is obtained a court order based on probable cause. we call an apple and other technology companies to help us find a solution so that we can better protect the lives of the american people and prevent future attacks. >> trace, 21 cadets are on their bay back to saudi arabia right now, they're being expelled from activity. want to point out they were not involved in the specific plot, that is from justice officials. however, they did have extremist views and more disturbingly, allegations of child pornography on several computers and phones. >> trace: explain how they can space them back without being charged? >> that's a question many of us had met media, we asked folks at

doj, they said simply it did not meet the federal threshold toch. were talking about one or two images in some cases. it did not meet that rush old, they did not believe this would be prosecuted in a federal court in the united states. basically, they send them back to their home country of saudi arabia who firmly looks down on this type of pornography so they're going to take over them take care of them over there. it if that happens, we could possibly see them come back here to the u.s., but right now they're going back to saudi arabia where they will deal with punishment in their home country. >> trace: thank you, david, new jersey senator cory booker dropping his bid for president. the democrats has his campaign want to have enough money to scale up and build an operation that can win. so he is dropping out. he says he wants to give voters time to consider other strong choices in the field. he also said the impending senate impeachment trial will keep him in washington.

booker had not qualified for tomorrow's democratic debate in iowa. the six candidates will be on the stage, just a few weeks before the caucuses. well, tyson steele lived alone in alaska and says he was prepared for anything with enough food and supplies to last him years. but when a fire raced through his home, he lost it all. and then it became a fight to survive, one that stretched from days to weeks. tyson steel joins me in his first live tv interview since his incredible rescue next. travel... ...clothes, electronics. to me, rakuten is a great way to get cash back on anything you buy. sign up today and rack it up with rakuten. i had no idea that my grandfatherfe changing moment for me. was a federal judge in guatemala. he was an advocate for the people...

a voice for the voiceless. bring your family history to life like never before. get started for free at ancestry.com and my lack of impulse control,, is about to become your problem. ahh no, come on. i saw you eating poop earlier. hey! my focus is on the road, and that's saving me cash with drivewise. who's the dummy now? whoof! whoof! so get allstate where good drivers save 40% for avoiding mayhem, like me. sorry! he's a baby!

here, it all starts withello! hi!... how can i help? a data plan for everyone. everyone? everyone. let's send to everyone! wifi up there? uhh. sure, why not?

how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your local xfinity store today. >> trace: imagine you're in the frozen, snowy alaskan wilderness by yourself when you're cabin burns down, along with your food supply, your cell phone, and there is no way to call for help. our next guest survived more

than three weeks in subzero temperatures sleeping in a snow cave and building makeshift shelter. he scrawled s os in the snow using ash from the fire and a search helicopter eventually found him. tyson steel joins us now from salt lake city, were glad to have you, were so glad you're okay. you consider yourself a very good survivalist, and apparently you are. you say you get yourself out of bad situations, this myself was a bad situation, no communication, almost no food. you say you even had a survival to go back that burnt down in the fire. at that point, what is going through your mind? >> tyson: at that point, i was concerned with saving my dog and saving a few supplies to sleep inn and saving my food. that was all i could use to survive. >> trace: we talk about, understandably, how physically draining and exhausting this

must have been. you just mentioned your dog, clearly you loved your dog. your dog died. this was also emotionally draining for you. how do you go step after step, day after day when you are just physically exhausted and emotionally drained? >> tyson: the physical exhaustion was easy compared to the mental exhaustion, to lose my best friend who had been there for six years of my life. >> trace: it is just heart-wrenching, we saw the picture of fail, it really is. you decided to go up there, the person who had this cabin before you had been there for 20 years. you are there for three months on this thing burned down. what caused the fire? >> tyson: i made a hasty mistake. i used cardboard to restart a fire late into the night because i was cold, and ap's flew up the chimney, landed on the plastic roof, and from there it

ignited and spread, almost like gasoline, so fast. the one we're seeing some pictures here on the left side of the screen, the sos you did with the ash from the fire in the snow. at one point were you thinking okay, i have to get a message. i've lost my satellite phone, my radio is gone, i'm running low on food, i'm eating pineapple which by the way, i'm allergic to. now the question comes i have to stay hydrated and i've got to figure out a way to get some help. >> tyson: yeah, i was hoping that a plane would come by, i was hoping my pilot would come by. apparently, it was too cold for them to fly. it was just the chance that they would have the right perspective to see that sos signal. >> trace: did you know they saw you? when it flew over did you know they saw you? >> tyson: i knew when it was a chopper, i immediately i knew that it was for me. i had not seen choppers out there, only bush planes. >> trace: you had to be elated. the thing is, you want to go

back and go rebuild your cabin. >> tyson: that is my home. i put a lot of energy. years and years of energy, and i just have to rebuild the place. >> trace: is this where you want to spend the rest of your life and are you prepared to go back? do you think the memories are going to be great? >> tyson: i would like to spend the rest of my life here. the memories are going to be a little harsh, to be honest, the trails that i walked with my dog are going to be hard to walk again. see when are you considering may be getting a new dog, tyson? >> tyson: absolutely, i will wait a little bit, but i need that companionship in the wild. >> trace: tyson, you're a very strong man, were glad you're here, thank you so much for your time. >> tyson: i was happy to be here, thank you. >> trace: best of luck to you. well, as we wait for congress to make the next move for impeachment, i'll talk to a couple of lawmakers who were

there the last time america went through this. former senators trent lot and byron dorgan will join me live a foreign insiders view about what to expect next. va mortgage rates have dropped to near 50-year lows. newday usa can help you refinance your mortgage and save thousands a year. newday's va streamline refi makes it fast and easy because there's no income verification, no appraisal, and no out of pocket costs. i urge you to call newday usa now. 0doprevagen is the number oneild mempharmacist-recommendeding? hpo, memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life. which is the only egg good eonly eggland's best. with more farm-fresh taste,

more vitamins, and 25% less saturated fat? only eggland's best. better taste, better nutrition, better eggs.

i've always loved and i'm still going for my best, even though i live with a higher risk of stroke due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin, i'll go for that. eliquis. eliquis is proven to reduce stroke risk better than warfarin. plus has significantly less major bleeding than warfarin. eliquis is fda-approved and has both. what's next? sharing my roots. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking eliquis, you may bruise more easily and it may take longer than usual for any bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical

or dental procedures. eliquis, the number one cardiologist-prescribed blood thinner. ask your doctor if eliquis is what's next for you.

>> trace: more now and one of our top stories. nancy pelosi expected to hand over the articles of impeachment to the senate as early as tomorrow. officially kicking off another historic senate trial. in a few minutes, we will talk to a former democratic senator who was a juror in the bill clinton impeachment trial 20 years ago. first, we will hear from a senator who sat opposite him back in 1999, let's bring in former senate majority leader trent lott who is of course the leader during the clinton impeachment. so good to see you, thank you for joining us. you have pointed out a few times that in 1999, clearly the times were different, the people were different, and the media was different. do you believe that it is a more difficult task today than it was back in 1999?

>> trent: absolutely, the media so different. my own sons as dad, you have to realize it's not just about radio, newspaper, television, its social media, it's 24/7. we had a tough task too, a lot of people think we just jumped a 100-0 vote, proceed with the clinton trial. it took us several days, invites, after we got the impeachment articles, it took us at least another week or more before we could agree on the rules to proceed. see when you said many time, you had the benefit of having your counterpart tom daschle, you said he was fair, he was honest as a senate minority leader at the time. is that a reference may be to the fact that there is this acrimony between mitch mcconnell, the current senate majority leader and the minority leader chuck schumer that you don't think we can get past some of these decisions that need to be made? >> trent: well, i still think they will work something out. it takes a little time, they do have the template of how we agreed to proceed in the clinton

matter. we got 100-0 vote to get going, but you know, these two senators, mcconnell and schumer are experienced hands, they know they have to come together to get something worked out. i do bit uncomfortable with some of the things that the speaker says about the president, and the president says about the speaker, i wish we could calm it down a little bit and go forward, see how this is going to work out. >> trent: what about mitch mcconnell? how do you think he's doing? the job he's doing again speaker pelosi. he stood firm, she apparently blinked last weekend is now sending over these articles. how would you grade senator mitch mcconnell's performance so far on this? >> trent: well, it was never going to work to put pressure on mitch mcconnell, he knows the rules better than anybody. he plays his cards very close to his vest, he was not going to concede to the house dictating to the senate what they should

do anymore than the senate can dictate to the house. i'm not sure why the speaker delayed at the way she did. it has caused some complications now. when are we going to be able to get the united states, mexico, canadian treaty done which we need to get done. how long will this proceeding go on, is it going to interfere with the state of the union address, which was supposed to be february 4th, and, at least two democratic senators are going to be have tending to sit on the floor of the senate during these proceedings instead of being in iowa. so it's a little bit confusing, but i assume, once they get to articles of impeachment in the house they will work out an agreement to go forward with phase one trend, at some point, they will have to decide whether to have a motion to dismiss, or witnesses, or how to proceed. >> trace: you said back in september, senator, that you believe democrats jumped the gum on this and they could eventually pay the price. four months later, do you hold that position? >> trent: i do. i was on the judiciary committee during the next thing

proceedings, believe it or not, i was a 32-year-old young congressman. the chairman, peter met dino bent over backward to try to make sure that it was bipartisan in fact, i'm quoted in one book as saying that the biggest problem i had with the chairman was that he gave us everything we asked for. i think by pushing very hard to get these impeachment articles done on, they did not have enough time to maybe get some other witnesses, or some documents, maybe they could've gotten them if they had waited for if they taken a little bit longer and getting it done. >> trace: i have got to go, but there's clearly a sentiment that the democrats are not going to get the 67 votes they need to remove the president. what's the big risk for the republicans in this proceedings? >> trent: it's a risk on all sides, it's not good for the president, i don't think it's good for the congress to be back and forth instead of working on things that we need to do for our country. prescription drug costs, infrastructure, so many things.

i think it's a loser all the way around. i hope that they will come up with a fair way to consider it and get it done, get it behind them, let's get back to the business of the people. >> trace: former senate majority leader, trent lott, good to see you. my next guest was a democratic senator during the democratic clinton impeachment trial, he calls the current strategy unfathomable. let's bring in for their senator byron dorgan. great to see you as well. i just asked former senator trent lott what he thought of mitch mcconnell's performance and he said he thinks he's doing a good job. you clearly do not share that sentiment. >> byron: well, as you know, he said publicly he is not impartial, whatever that means, i guess. here's the circumstance, first of all, accommodations to trump flat and tom daschle, they were close, they worked together, they understood even though one was a republican and one was a democrat they wanted the senate to do the right things good for them.

this new impeachment trial is vastly different than the impeachment trial 20 years ago. i will tell you how, 20 years ago, the impeachment trial was provided, all the documents of kenneth starr who spent 3.5 years, he got all the witnesses in front of a grand jury under oath, all the documents, he had everything that was compiled, including a 9-0 supreme court decision that forced the president to be under oath before a grand jury. that all existed, he laid that before the senate. that has not happened with respect to the house of representatives and president trump. president trump prohibited the documents, he prohibited some people from testifying, so i think this is a different template, it has to be a different kind of trial, because i think there will need to be some witnesses here. >> trace: the republicans would say that the president using his executive authority to prevent them from speaking, the democrats, had they wanted to could've gone to the courts to get these people to testify, and they talk about witnesses being called in the senate hearing, if they wanted witnesses, why not fight for them to testify during

the house proceedings. >> byron: they have tried to do that in some ways, but as you know, it gets appealed and appealed and appealed, it takes forever to get through up to a supreme court which the president has pledged to go to in every circumstance. i mean, look, he prohibited the documents being produced, he prohibited people from coming to testify, i don't think there was much choice, hear, he did in fact released the transcript of the call where he said to me a favor, announced the investigation of my opponent back here at home, i think that is a circumstance. >> trace: those are separate, senator. to do me a favor was up here -- >> byron: same conversation however. there is no joy to sit in an impeachment trial, it's a joyless senate. nobody runs for an impeachment office in order to come to the congress and be involved in an impeachment trial, but sometimes you find yourself having to do certain things, that's what happened to us 20 years ago, it

will happen now. >> trace: you mentioned at the top that you did not appreciate the fact that mitch mcconnell had said he would not be impartial, and he was kind of leading saying, this whole thing has been a partisan venture. do you agree with that? do agree that this really has been a very partisan impeachment? >> byron: no, i do not. look, i don't think the house have much choice. they just have much choice. >> trace: the republicans came on their side. >> byron: i understand your point. i don't think you are able to allow president to do this with respect to sacrificing what i think is the national interest for his own particle interest and say well, that's okay, we'll just ignore that. i think the house had to move. i understand there's a barrel full of politics in the house and the senate in every direction, incidentally, the politics these days is more rancid and more ugly than it has been. it is not as if we didn't have some politics back 20 years ago, we did, but let's get through this. make the judgments, get through this the right way, i don't think the president is going to

be removed, but i would like to see a fair trial, i would like to see some witnesses so that we know the full story. >> trace: quickly at him i'm curious about that, if you can expand on that, you say in washington, across the country, that politics is more rancid today than it was 20 years ago, can you expand on that a little bit? >> byron: i think politics is very tribal in this country, not only with respect to the people in the country, but also it's very tribal with respect to the people serving in the congress. i'm not suggesting that each of them are angry with the other, just because her on different sides of the political fence, but things are not working very well, and i think the american people understand that it is not working very well, they want a government that works. this government of ours does not steer itself. it needs a good hand on the steering wheel of the ship. they just want good government, that's what they want, they want republicans and democrats to work together to achieve that. >> trace: former democratic senator byron dorgan. good to see you, thank you so

much. well, investigators say it was a hanukkah hate crime carried out by a man with a machete. today, he came to court and spoke directly to the judge. plus, a man accused of a string of bank robberies is staying out of jail and we will tell you about the new law that made that possible. next. the experts at safelite autoglass came right to me. >> tech: hi, i'm adrian. >> man: thanks for coming. ...with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ that's ensure max protein, with high protein and 1 gram sugar. it's a sit-up, banana! bend at the waist! i'm tryin'! keep it up. you'll get there. whoa-hoa-hoa! 30 grams of protein, and one gram of sugar. ensure max protein.

introducing ore-ida potato pay. where ore-ida golden crinkles are your crispy currency to pay for bites of this... ...with this. when kids won't eat dinner, potato pay them to.

ore-ida. win at mealtime. with time, comes change that's for sure... potato pay them to. and when those changes might help more people, especially those in retirement, i think it's worth talking about! so, aag is introducing a new jumbo reverse mortgage loan so you can now access as much as $4 million dollars in cash,

tax free, from your home's equity. aag's new jumbo reverse mortgage loan can give you more tax-free cash than ever before. if you've had your home for a while, it's probably worth a lot more today. so why not use that appreciation for anything you need maybe it's some home repairs, or updates to make it more comfortable so you can stay in the place you love. it's a viable effective way to support your other investments long into the future, and another way aag is working to make your retireme... better. don't wait. get your info kit now!

>> trace: a man accused of stabbing five people at a hanukkah celebration in new york is pleading not guilty to hate grams. he appeared before a judge in a federal court in white plains, just north and east of new york city. the suspect faces five counts of trying to kill somebody based on their religion. and five counts of obstructing free exercise of religious beliefs. alex hogan reporting live from the courthouse in white plains.

alex. >> trace, that suspect appeared twice in court today, first for his arraignment, then for his initial status conference hearing. the prosecution bringing forward the evidence that they have so far, collecting things like two machetes, knives, surveillance videos, details and journals that have anti-semitic references in them. the 37-year-old pleaded not guilty to all of the ten charges. his lawyer's essay that he is mentally ill, not anti-semitic. his doctor will meet with the suspect for a third time to weigh on on whether he is fit for trial. >> i'm waiting for the psychiatrist to come forward with his conclusions, that's my position, i've had from the beginning, the sense of speaking with a gentleman and otherwise that there are real issues as to his competency. >> the suspect is accused of breaking into a rabbi's home during hanukkah celebrations on december 28th and stabbing five people with an 18-inch machete. one of the victims who suffered brain damage remains in.

all ten of the federal hate crime charges hold it a possible sentence of life in prison. but in court today, a judge highlighted that should any of the victims die, the suspect would face the death penalty. the community is still grieving and calling for peace after this brutal attack and today, new york governor andrew cuomo saying "as horrible as this is, it is far from isolated, just last week" builder brazil announced that a hundred new security cameras will go up in brooklyn. that is to crack down on these types of crimes, specifically in brooklyn because we do see a large jewish population, and where many of these crimes have taken place. >> trace: alex hogan why for us in white plains, thank you. police in new york city say there is a guy who keeps robbing banks, but because of how he is doing it, a judge can't keep him in jail. our corporate cousin

"the new york post" reports that even the suspect said "i can't believe they let me out." laura ingle reporting live on the latest with the story, lori. >> hey, trace, this is really an incredible story of a catch and release with even the alleged bad guys, you mention, seemingly in that he continues to get away with it. according to police, jared woodward struck robbing a chase bank with a note, not a gun, he got away with a thousand dollars. he was arrested january 1st and released without bail the next day. the new law mandates most nonviolent felonies are no longer eligible, meaning no judge can order someone held pending trial, even if they wanted to. woodberry then attempted to rob another bank on january 3rd using a note but did not succeed. he went forward another time, january 6th and 8th and was arrested once and released again. the next day, he allegedly robbed another bank in brooklyn. it just keeps going on. many in the law enforcement

community are beyond frustrated, including the former nypd commissioner bill bratton. >> what the hell were they thinking about an albany when they crafted the salt mind-boggling set of limitations on the criminal justice system. a judge has no ability to hold a person on bail even though the person has criminal history. >> the bail reform law was created to significant re-reduce pretrial incarceration levels. thi>> when the criminals are asg how can i get a little jail time here it's kind of crazy. what is the governor saying about others? >> andrew cuomo making a statement saying he's actually proud about what the state did with this new law because the bail system was inherently unjust and dependent on wealth. he said still, now that the laws in effect they will make adjustments that they need to. >> we have an open discussion, and were speaking to all sorts

of engaged and informed sources, and over the next few weeks, we will be having the conversation with the legislature as to what adjustments do we want to make. >> no word on how many other nonviolent crimes will need to take place before those adjustments are made. trace? >> trace: we talk a lot about how california, $980 and below is no longer a crime, all the smash and grabs, just going in the store and getting them out. the lawmakers are like maybe we should tinker with that a little bit. well, queen elizabeth says she is supportive of queen harry and duchess of meghan's decision to step back as members of the royal family. the queen released a statement today after meeting with prince harry, prince william, and their father prince charles to talk about the royal couples next steps. this, after prince harry and duchess meghan announced last week they wanted to take a progressive path forward and become financially independent. the chief correspondent jonathan hunt reporting live with this. jonathan.

>> trays, hearing and megan appeared to be getting what they want. the queen and a rare statement issued solely in her name said she's disappointed they don't want to be full-time morels anymore, but she's not going to fight it, the queen says "we respect and understand their wish to live a more independent life as a family while remaining a valued part of my family." the queen also addressed the difficult issue of taxpayer money saying "harry and meghan have made clear they do not want to be reliant on public funds in their new lives." although course, not being reliant on public funds is not the same as committing to not taking any public funds. prompting critics like the journalist piers morgan to tweet "harry, meghan have successfully bullied the queen into letting them have their cake and eat it. now, as to my mom, the barometer you know of all things royal in the u.k., she thinks it's all about the queen being scared of

losing access to baby archie who is with meghan in canada and has not been in england for nearly two months now. through her hangover, mom says "i would've had more sympathy with meghan if she visited the queen and charles with her grandson after the long absence." grannies left their grandchildren, the queen, in her wisdom wants life to be good for harry. mom also shows that she hope little archie will grow up knowing and loving the queen. above all, she, like the rest of us, hopes she doesn't end up with that frightful canadian accent. >> trace: one of these days were going to call the chief correspondent's mom and get her on so she can respond. >> if you can find her sober. >> trace: thank you. if you're looking for some extra cash, you can always head to florida where the government will pay you to catch a few of these guys, the details on that. .

with the newday va streamline refi there's no income verification, no appraisal and no out of pocket costs. and my team can close your loan in as little as 30 days. one call can save you $2000 every year.

and now for their service to the community, x0mijhl@kzg@ we present limu emu & doug with this key to the city. [ applause ] it's an honor to tell you that liberty mutual customizes your car insurance so you only pay for what you need. and now we need to get back to work. [ applause and band playing ] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

>> trace: of florida tradition underway. it is the state annual preventers. snake hunters looking to round up burmese pythons for cash or an atv. the burmese python considered an invasive species. wildlife officials say the snake served devastated the populations of other animals like rabbits and foxes. >> originally, these were a pet that got too big, got problematic and basically got dumped out here in the everglades where they have absolutely proliferated. they are devouring just about everything and have no natural predators. they even eat deer and bears. there burmese pythons are estimated to number 100,000 in the everglades. for the third time, florida has launched the python challenge. with $35,000 in prize money for longest snake in my biggest snake.

>> the small memo comes through may be an altar, may be an alligator or a small sized alligator. they will attacked, they will constrict and choke out the animal. the animal goes unconscious. they swallow it whole. that's the process. >> tom aycock's spending his vacation hunting for burmese python. he stands up on his python perch on the back while his wife melanie drives 2 miles an hour past the saw grass while passing other python hunters participating in the ten-day event. so far this month, they've nabbed three good-sized pythons just for fun. the snakes also will come of large and elusive come on most days, you end up with no snake in the bag as the case with us on friday but they emailed me this morning just after midnight. he did finally catch up python. >> trace: that's nice to hear. thank you.

it was a great weekend for football fans. we got a little bit of everything, high-powered offense, lockdown defense and a big upset. we have a good start with the ravens. no one expected that. >> unbelievable game. that out of the socket of the weekend. tennessee titans rolling over the baltimore ravens. we knew it was going to be a lot of work on the ground. 200 yards an evening a passing touchdown for ryan tannehill. no one expected it. the team is looking really hot. the vikings couldn't get it going against the 49ers. if that defense is stout. they lock it down. six sacks. >> trace: the niners defense look so strong all season. >> -- patrick moore homes and the kansas city chiefs hosting the houston texans. it was the texans out to the early lead in this it happened. >> on the run for the touchdown.

>> that play right there set things up. they held on. >> trace: and we have to go over the next one. i like lsu tonight. i am trace gallagher. here in neil. >> neil: it is the battle of the billionaires. michael bloomberg saying he's prepared to drop a billion dollars if that is what it takes to defeat that other billionaire, president trump. even if mr. bloomberg is not the democratic nominee. the president ripping bloomberg in a tweet. the president himself might be speaking on the microphone. he will be departing the white house. we will be watching to talk to reporters before hopping on marine one. welcome everybody. i'm a neil cavuto. president obama's former assistant