doesn't work out. >> neil: you have to let us know how it works. you have a great attitude about this. 600 first dates. that alone says you're doing something right. >> a lot of my friends are like how do you have the time? >> neil: this is family show, joe. thanks, any friend. good seeing you. here's "the five." >> hello. it is 5:00 in new york city and this is the five. manhattan d.a. accused of caving to pressure after charging a marine veteran with second-degree manslaughter. daniel penny turning himself into police after the death of jordan neely.

that comes as a witness steps forward to give a first-hand account of what happened. a66-year-old woman backing up several witnesses who saw neely making aggressive threats, telling "the new york post" he said things like i would kill a mother f and go to jail and not care. the marine's attorney is speaking out and defending their client. >> this morning, he surrendered at the west new york district the attorney's office and did so voluntarily. >> neely has an extensive criminal history. he had been arrested 44 times. he was on the top 50 list of homeless people who needed help.

neely's attorney arguing none of that should matter. >> no one on that train asked jordan what is wrong. how can i help you. no one said here you are, let me meet your need or help you in this situation or give a word of encouragement. daniel penny did not know jordan neely before this incident. that means he did not know how many times he was arrested so that is a nonfactor. for anyone to bring that up and say it impacted the situation, you cannot do it. >> he has been charged. where does the case stand? what thoughts? >> the judges indicated penny has to come to court on ju

july 17th. during this time, the defense has an opportunity and can demand their client to testify in the grand jury. the defense will be gathering their own witnesses they can present. they will also get a medical examiner. the decision by this medical examiner was quick and i can say that as a fact. i also think the grand jury will have the ability to make a better assessment than al's and greg did. it was a knee-jerk progressive reaction. daniel penny stayed when the police came, he stayed to talk to the police, went to the precinct to talk to the police. the police did not make an

arrest. all of a sudden, after everyone starts writing and demanding someone be arrested, bragg says i am going to charge him with a felony complaint. if you are in a subway car and you have a guy yelling, i don't care if i spend my life in prison, i don't care if i die, that means he is willing to commit suicide or homicide. if he says i am willing to go to jail for life or i want to die, he is suicidal. they want to say they didn't know he had arrests. that is a good point, but his behavior they are, in that car underground where no one could get off or had the ability to run away, made it clear that the people they are can use whatever force is reasonably necessary.

>> what do you make of the self-defense working out in this case and the impact this eyewitness says? >> the eyewitness praising daniel penny. if they have a jury or a grand jury of people who had ridden the subways, my estimation is they will come back with the correct asse assessment. our society needs more daniel penny's. you are very familiar with this knife's edge, razor moment as will this burst into violence? every person knows that

experience. daniel penny stepped up. in lieu of prosecutors who fail to hold people accountable, citizenry that is willing to hold bad people to account. what he did or what he would have done that day, we never know. we know his past and we have been in the situation. the end result of this has to be more, not necessarily we will all sign the facts for culpability. >> will is drawing a line between how daniel penny acted and vigilantism. there was a real threat. he answered the call. what do you think the

implications of this going to trial, playing out, is going to be on how people behave on public transportation, walking down the street. >> daniel penny did not get on the subway hoping this would happen to him. jordan neely, when he decided to get on that train in making those threats, died as a result of his actions and the choice that the mom and bragg have made is to sit by and watch this guy threaten violence and he has a record of hitting elderly women in the face, which can be fatal. they had a warning. the choice they are asking us to sit back and watch something happen, which he had done before and that is how he got here. they defunded the police and now they are going after people who dare defend others.

the further they go down the road of not putting these criminals in jail. the portrayal of the media has done is appalling. the photos of him being michael jackson and dancing are from 2011. that is what the media is portraying this as. not a violent criminal on the subway with an intention to hurt others on someone having to step in and make the choice to do this and now he is being persecuted for it. they will not perk walk people like neely, but they will do it for jordan neely so bragg can appease the social justice mob. >> you haven't seen as much of

him as a murderer or this was a lynching. the conversation has calmed down a bit and what do you think that means about the case? >> there is another silence going on, the protest. there was collusion going on between the house and brags of the world and the protesters on the street. that is the new variable, how the mob can put their thumb on the scale and influence the justice system. i hope the guy gets a fair trial but as long as you have a mob ready to intimidate you, they are going to do it and that is what they have been doing. to summarize the story, mentally deranged violent felon menacing

passengers, someone gets help, they get the guy into a recovery position, people think him him in the variable that is left out is race. this guy could have been norwegian, but his inclination for violence, which is obvious, you don't need to know he had 44 arrests to know what he is going to do. if you walk the streets, you can see it coming and you often do. you have to run or do something, but they are obvious threats, so the white marine could be a black marine. he is still a hero. race has nothing to do with it. the only reason i bring it up is because it is going to be one.

it is so black and white in terms of a case. they are going to have to bring race into this and those other crimes where it is a white death and a black suspect are never talked about. these kinds always are because of the fixation on race by the media which drives eyeballs. it is exciting, but ultimately it is damaging and this is the burning gets moment. this is a moment where the culture is up against the wall and you have to make a decision about what kind of city you want or whether you are going to leave. >> when jordan neely's attorney was speaking, he said where were you before? there were a lot of people, these attorneys who were not

there for jordan neely in life but are ready to be there for him in the moment of death. >> democrats in panic biden's campaign could be running into serious trouble.

i'll always take care of you. ♪ i'm gonna hold you forever... ♪ ♪ ♪ ♪ be by your side... ♪

♪ i'll be there... ♪

whoa. okay. easy does it. we switched to liberty mutual and saved $652. they customize your car insurance, so you only pay for what you need. with the money we saved, we thought we'd try electric unicycles. whoa! careful, babe! saving was definitely easier. hey babe, i think i got it! it's actually... whooooa! ok, show-off! help! oh! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

>> democrats are wetting their pants as team biden implodes. they think the 2020 playbook is not going to work and his team may be too confident in it. jim messina summering it up as democrats are bed wetter historically. they are in panic. it doesn't get much better for kamala harris. some think it is too late to

rehab. take a look at this tweet. republican attacks are hurting kamala harris approval rating and the white house is running out of time to help her. how many times we have to remind them maybe it is the way, lacks? -- the way kamala harris acts? >> my mother used to say i don't know what is wrong with you young people. you think you fell out of a coconut tree? >> you have thoughts about the things she had to say? >> what is she on and where can i get it? the best part about this is after she said this, it was quiet. she went on. it was like when you tell a terrible joke here, which i know. i keep thinking maybe she hates her job so much she needs a few cocktails.

i can't tell if she needed a nap or a stay at a spa. presidents drink all the time. people get wasted. i am sure i will be later. this thing about democrats wedding their pants, i did not know what joe had was contagious, but worrying is not a bad thing. it would be a good thing for republicans to worry. you might do more if you were worried. you might think about things earlier. the democrats worrying means they're going to do something. >> do you agree about democrats being worried? >> my seat right here. soaked. when i was pregnant, jesse said it will be fine, i will help.

greg is right. about one part of it. this is what we do and it has benefited us. going to the midterms, you could find very few people on the democratic side who was saying we are going to be fine here. everyone was talking about the red wave, how bad was it going to be. we are going to lose the house by ten to 20 seats. there were the people saying it is going to be 30 or 50 points, seats lost. i would be scared about this and try to future proofs every single aspect of the campaign. if it is a rematch, based on the trump town hall, which hurt him in the general but helped him in the primary and biden has announced it is going to be a

rerun of 2020 and when you think about how polarized our country is, it will be close. partisans are partisans. i am not sure he will be able to. he hasn't up to this point. biden outperforms him, as well as suburban women. wet the bed all the time, democrats. >> they are worried about the playbook. they are going to use 2 2020 in 2024. >> to the extent you can put confidence in the outcome was a referendum on donald trump, not about joe biden.

nobody cast a vote in support of joe biden. they cast for or against donald trump. who is persuadable. when pressed as to why, their answers were about joe biden. it was about complete rejection of the last three years on joe biden. 2024 turns into a referendum of joe biden and that should cause them to wet the bed. >> 2020, i am not sure how i compare it to them.

everything at the southern border, i am glad southern governors are moving the illegals into the interior and into the northeast so the rest of the country can appreciate what the south has been going through as the border has been invaded. how much we are going to spend in the social safety net, in medicaid for people who are not citizens and how much we are going to lose first citizens based on the amount of money we have to begin with. we have a president and cognitive decline. in two more years, this guy, he cannot even walk straight let alone answer a question.

we have kamala harris right behind him. i don't know what she is on or what she does, but she is not right. i don't want to hear the republicans are mean to her and it is not fair. get out there and built one out that makes sense. as joe biden is losing to blacks and hispanics and to women and biden, the whole family is losing, it is going to be different in 2024. >> a teacher challenges ideology and students want her fired.

n this week is your chance to try any subway footlong for free. like the subway series menu. just buy any footlong in the app, and get one free. everyone loves free stuff chuck. can we get peyton a footlong? get it before it's gone. on the subway app. this isn't just freight. these aren't just shipments. they're promises. promises of all shapes and sizes. each, with a time and a place they've been promised to be.

a promise is everything to old dominion, because it means everything to you.

[ music playing ] when we first arrived at st. jude, it was just claire and i. she was still recovering from her brain surgery. and side effects of that surgery meant that she had to relearn how to walk and how to speak. ♪ [ male announcer ] you can join the battle to save lives by supporting st. jude children's research hospital. two months after we arrived, my three-year-old came to visit, and claire lit up. she was quiet before. and i thought it was just because cancer's hard, but she was really missing her siblings, and i didn't realize how much. all right, young lady. we're going to see how much you weigh, and how tall you are real quick. ♪ mama. hey, claire. [ laughter ] ♪

[ male announcer ] families never receive a bill from st. jude for treatment, travel, housing, or food, so they can focus on helping their child live. when you call or go online with your credit or debit card right now, we'll send you this st. jude t-shirt you can wear to show your support to help st. jude save the lives of these children. i experienced life at st. jude. every dollar that goes to st. jude goes to a good place. it's keeping families together during the hardest thing they'll ever face. ♪ the first thing i'm going to do when i get home is pet my dog. ♪ [ woman ] st. jude saved my daughter's life. [ claire ] i love st. jude. [ male announcer ] please call or go online right now and become a st. jude partner in hope today.

>> a woke mob of students is trying to get their teacher fired after she challenged schools diversity curriculum. the veteran teacher writing in an op-ed, yes, your children are being indoctrinated, saying educators are being manipulated and intimidated by a divisive woke ideology and adding there is repeated white shaming and a preoccupation with white people as the oppressor, including field trips with a focus on systemic racism. the students are angry she will not use their preferred pro pronouns. >> there is frustration in the

buildings. it is miserable. i believe the divisiveness of the message is prompting a culture of contempt in the building that is intolerable for many of us who work there and have worked there for a long time. >> how much of this speaks to the fact that parents need to be engaged in what we saw in virginia in terms of people insisting they know the curriculum should be in place in every state. >> what extra time you have should be dedicated to understanding what your kids are learning. it wasn't just in virginia, the new jersey governor's race, it was a huge deal.

you know where i stand on the pronouns issnouns somebody identifies with. big picture, i am very happy these conversations are happening publicly. this has been bubbling for a long time. this did not just happen in the last two years that people had problems with di, curriculum appeared out of nowhere or kids felt this way. having the discussion under the sunlight, it makes it more applicable to everyday life. >> doesn't the insistence that you insist them call them a pro

ma'am infringe on the other person? >> i did not know your perspective, but i would love to share with you. i will honor anyone's choice in terms of their name. i will not honor someone's demand that i'd change the english language and what amounts to reality based upon their threat. i will not use pronouns because it is not true. the reason i bring that up is it is notable the way the students protest is to get that teacher fired. they are operating based on intimidation and fear. to that extent, we are not talking about just trance, but the eei is catering to intimidation tactics.

if everyone stands up, we will stop descending into insanity. >> the reason i say i don't think it hurts you is when people talk about transgender issues, they say i have nothing against trans people. i hear it all the time. i don't care about how they live and they would say his life. when you reduce the conversation to that, to purposefully miss jen during someone, it takes away from the argument that you respect the person or that lifestyle. >> no. >> i don't think it is just about pronouns. the curriculum she is discussing is a distraction from the fact the majority of public schools cannot read. they are not graduating from high school, they cannot do math. they are not going to have a life or they can provide for

themselves and i'll become someone on the street who has to be put through the system and then get mental health problems because they are not able to support himself. i applaud her for saying something about this. we talk about teachers all the time. there are a lot of nonwoke teachers who have been biting their tongue because they knew this type of thing would happen. they have been intimidated into silence and they are finally speaking out on sanding i want to teach kids curriculum they could use to become functioning adults in society. in our public school system, the authority has transferred from the adults to the teachers to the children. children need discipline and they needed from adults. >> the point katie makes is so clear.

only 29% of kids in school are proficient in math and 38% in reading. and they are worried about him and her. it is not a parent making the complaint. it is a teacher, saying the other teachers are calling her a fascist. >> for those teachers and students, my pronouns are f and u. the pronoun thing is a delusion. here is an analogy. you have a 4-year-old boy and he decides after watching tv he wants to be a fireman, you get the hat form and he is a fir fireman. he cannot be a fireman, but he can pretend to be a fireman and it is great but nobody is going to make him put out a fire. imagine a teacher at kindergarten or an activist who says no, you are a fireman, your parents, they were wrong when they told you you could not be a fireman. that is what is happening with

boys & girls club. there is an incredible imagination, a desire for attention that causes this to happen in right now, it is almost a social contagion. when marcia harden says all three of her kids are, okay, is it genetic or a social contagion and which is worse? now you can decide, but if you decide ended as all three, you have a social contagion, so what is it going to be? free speech is about speaking freely but also about rejecting compelled speech. i love being able to say no. why is this variable so tiny, smallest words. he, she, they. it is a power play. there is something inside a

miserable person's life that needs an exertion of power on somebody else. i have nothing. when you see a lot of these activists, they are miserable, lonely, seeking attention, and i can compel will came to call me a they. if you don't do it, i can ruin you. it is a combination of a contagion and the power of farr's people feel all the time. >> it is not an act of disrespect. it is an act of love to stop that child before he runs into a building and say you are not a fireman. >> unique qualifications to be a fireman and don't need qualifications to say you were born on a spectrum. >> i don't think kids are qualified to say that.

>> i am dumb are you denying i was born in the wrong body -- are you denying i was born in the wrong body? >> i knew you were going to say that. >> i am not repeating myself. >> i knew you were going to say that. -okay, and one more. -i think we got it. -yeah, let's focus on the rv. -rv? okay, everybody, look at the rv and smile. this is what you want for your family portrait? good point. we bundled the boat with our home and auto first. -hey, team, get on in here. -team? oh. fun. now everyone say "24/7 financial protection with progressive"!

24/7 financial protection with progressive! okay. let's get some singles of me on the bike. honey. yeah. [ leaf blower whirring ]

>> time for the fastest. an avalanche of lawsuits, new york city will be outlawing height and weight discrimination in employment, housing and public accommodation. basically, short people can sue. this has been written for me.

greg, you can finally realize your dream of getting into the nba, just file the appropriate suit. >> i identify as a 6'8" black man so i should be allowed. how many jobs have i lost because of my height? i cannot be a fireman because you have to be a certain height to hold the hose. this is going to affect job interviews. what if someone is truly incompetent but they happen to be short. they happen to be overweight. this person is scary incompetent and smells. >> who else wants to get on this? >> this can go both ways. people discriminate against tall women. they tend to be intimidated.

you go in for a job interview, how do you know which one led to it? >> if you are fat, you sue. if you are a little and you go to an interview, do they give you a pillow so you look taller? >> when i was a judge, i was used to the bench being high. >> they recognize that i need to dominate the table.

up next, he did it for the clicks. a youtube or pleading guilty to a felony charge for obstructing a felony investigation after he crashed his plane for online views. the plane crashes into the mountain. he tried to get the feds off his back. >> you know how they found out it was rigged? he was wearing a skydiving suit. it means he intended to bail.

he was doing it for clicks for the advertising. it is a lesson for anybody. if you chase advertisers, you go to jail. >> it was a cessna. i am sure it did not cost that much. >> he was going to get a sponsor from a wallet company. >> you should look at the rules and regulations. if you intentionally crash a plane, it is 20 years in prison. >> people do dangerous stuff all the time. you know the videos of the women that get to the edge of victoria falls, are you going to read that for me? >> fan mail friday next.

your brain is an amazing thing. but as you get older, it naturally begins to change, causing a lack of sharpness, or even trouble with recall. thankfully, the breakthrough in prevagen helps your brain and actually improves memory. the secret is an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. at stores everywhere without a prescription. ♪ the all-new chevy colorado is made for more. bring more. ♪ do more. ♪ see more. ♪ and be more. ♪ the all-new chevy colorado. made for more. ♪ we're travelling all across america,

talking to people about their hearts. how's the heart? good. you sure? i think so. how do you know? let me show you something. put two fingers right on those pads. look at that! that's your heart! that is pretty awesome. with kardiamobile, you can take a medical-grade ekg in just 30 seconds, from anywhere. kardiamobile is proven to detect atrial fibrillation, one of the leading causes of stroke. kardiamobile is now available for just $79. order at kardia.com or amazon. ♪

our customers don't do what they do for likes or followers. their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do... it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters. benefits. payroll. compliance. trinet. people matter.

when a truck hit my car, benefits. payroll. compliance. the insurance company wasn't fair. trinet. people matter. i didid't t kn whahatmy c caswa, so i called the barnes firm. i'm rich barnes. it's hard for people to k how much their accident case is worth.h barnes. t ouour juryry aorneneys hehelpou >> we have one question. it is friday night.

you are 17. what were you up to? >> driving up and down the parkway, hoping everybody was at the jack-in-the-box. >> what were you wearing? >> 's broad colors. the shirt with red and green here. >> everybody was from bennington or david schwimmer with the giant sweaters. >> it is back, by the way. everybody wears ill-fitting clothing. jessica, where were you? moon tower, having a keg? >> you have to get out of school after basketball practice, go home, shower and change, i am always early or on time and my friends were always late. i was waiting for my friends in

a restaurant. >> that is sad. >> i was trying to win state championships in volleyball and basketball. i was hunting maybe >> you are probably healthy and did not run into trouble. >> i was never grounded. >> 17, i am dying to find out what you were doing. >> it was so long ago, but i remember i was dating a guy and a bunch of us would go out on friday nights. we would go out. that was it. >> i was outside qsi, we would

fake i.d., case of beer, get wasted and hang out in the parking lot. san mateo, california, 20th avenue. tom brady, i have a job, you do not. ♪ ♪ make your dream car...a reality. mercedes-benz certified pre-owned vehicles

are rigorously inspected to live up to the highest of expectations. ♪ they need their lawn back fast and you need scotts turf builder rapid grass. it grows grass 2 times faster than just seed alone. giving you a stronger lawn. smell that freedom, eh? pick up a bag at lowe's today. feed your lawn. feed it. when i first started ancestry, i had no idea what to expect. ethnicity inheritance. nigerian east central from you. benin. my dad's side. it's 30% japanese. thank you, mom. i love how it gives you a little bit of history. yeah! i feel like reading this, like, these are my roots. there's just still so much to discover. now on sale for mother's day. ♪

>> tonight, what an amazing s show. kat is going to be on special report. >> me too. >> that is so much fun. they are going downhill. greg's spa day. everyone loves to be pampered and so do our feathered friends and seals. here is an eagle getting his

pedicure. he seems to enjoy it. we have a harbor seal also getting his nails done because they are very sharp and they pop the beach balls that they bounce on their nose. that is it. good luck tonight on special report. don't suck. >> wow. >> happy birthday to the world's oldest dog, turned 31 years old yesterday. he was born in 1992 and his owner is only seven years older than he is. his owner says it reminds him of the people and his family no longer with him and he is the perfect representation of those generations. here is to many more. >> they need to study that dog. >> very impressive. three generations of women from the same family have all worked as nurses at the same birthing

center in colorado. it started with karen who inspired her daughter who inspired her daughter. karen passed away but her daughter and granddaughter continue her legacy. perfect story because it is international nurses day and sunday is mother's day. happy mother's day to all the mothers out there. and i don't suck. >> the nfl schedules were released this week. the titans put out a video asking if people could identify the teams on the schedule. watch. >> lightning mcqueen. >> the boston bobcats. >> this is the red stallion. >> we thought we would do this quickly. look at this one. what team is this? >> where is it? i think they left for the day.

that is the st. louis rams. >> oh. i was going to quiz you guys. >> this isn't fox and friends. you cannot decide to do a quiz. lakes we have a hard out. have a great week. >> we are coming to you live from fox headquarters. pandemic era asylum rules which had been in effect expired overnight. the surge of illegal immigrants is materializing in record numbers of people trying to cross the border. what the administration is