connection with jordan neely's death. you are watching "fox and friends first"s, i'm todd piro. >> ashley: i'm ashley strohmier. penny's legal defense raised 2.7 million, second highest fundraising total in the site's history and penny is speaking out for the first time saying he is deeply saddened by jordan neely's death. a nitta vogel joins us. >> in his first interview given to "new york post," daniel penny says the case has nothing to do with race and if someone needed help in the future, he would step up again. first public comments daniel penny has made since the tragic choke hold killing of jordan neely. penny, a former marine sergeant, maintains this was different from other confrontations he experienced before. he said this has nothing to do

with race, i judge a person based on their dash their char. i'm not a white supremacist, i'm a normal guy. jordan neely's family says this is advertisement to soften the public's view of daniel penny, who choked jordan neely to death. we never called him a white supremacist, we called him a killer and we want to know why he didn't let go of the choke hold until he was dead. jordan neely's uncle said he needs to be prosecuted or he will do this again. he has too much confidence and has to be taught what he did was wrong. as far as daniel penny's defense, legal expertses warn if this case goes to trial, prosecutors could use daniel perry's military experience against him.

>> they could lean on that, it is not the usual manslaughter two case, it is usually somebody waving a knife or gun and it is easy to infer the person was awear of the risk. this is a choke hold. >> penny was released on bail after he was charged with manslaughter. >> ashley: thank you. daniel penny lawyer spoke with our own judge jeanine pirro and here is what he said about the character of his client. >> i think he did it, because danny has the focus of helping people, part of the reason that inspired him to become a marine, serve the fellow man. when he went to train, his motivation was to help. he was helping save the passengers from imminent threat. we have police and first responders, but reality is, they

can't be everywhere and when somebody says, i am going to help, we want that to be encouraged, not discouraged. >> todd: another violent day on the subway, one woman shoved into the side of a subway car and a man slashed in the face with a sharp object, both suspects are on the loose. the family of christina lee filed a case against the city. lee was stabbed to death in her apartment last year after a homeless man reportedly followed her home and slipped into her apartment behind her. officers failed to enter the home and get her medical attention for over an hour. her suspected attacker had a lengthy rap sheet and was indicted in march for first degree murder. >> ashley: woman charged for the drunk driving crash that killed a bride on her wedding night has

asked to be released. komoroski is charged with one count of reckless homicide, her legal team claims she poses no threat to the public. local outlets reported komoroski told police she did nothing wrong and questioned why the fatal incident happened toer had. she had blood alcohol level three times the legal limit when she crashed into the newlyweds. the widow groom has filed a wrongful death lawsuit against komoroski. >> ashley: this breaks my heart, makes me sick. >> todd: one of the worst stories, if you read the details. >> ashley: they had just left the reception. >> todd: punches you in the gut,

naacp issuing travel advisory for florida, wait until you hear this. >> ashley: unpacking it with florida resident david webb, next.

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>> todd: south carolina senator tim scott expected to announce his bid for the white house today after filing official paperwork on friday. he has a powerful endorsement from the second highest ranking republican, john thune, set to be in charleston for the announcement, joining a crowded field with candidates like former president donald trump and fellow south carolina republican nikki haley. >> i think a, nikki is a really good person, i respect her and appreciate the service she has given the state and country. my goal is to run this campaign and protect america, focusing on financial literacy and education and making sure the american dream is alive and well for the next generation of americans.

>> todd: scott spent 6 million on radio and tv ads in iowa and new hampshire. >> todd: kellyanne conway said donald trump would benefit from a crowded primary field. >> more the merrier is probably donald trump's best bet. competition benefits him because he loves competition, but it also benefits him, there are 17 winner-take-all primary states on the republican side. >> todd: naacp issuing travel advisory for state of florida after governor desantis pushes back on diversity, equity and inclusion in his state. >> ashley: it says under the leadership of governor desantis, the state of florida has become hostile to black americans and in conflict with ideals the union was founded upon.

the naacp issues travel advisory to african americans and hostility in florida. fox news contributor david webb joins me now. you are a black man living in florida, what do you think of this? >> david: fortunately, the naacp is not a state department, so their travel advisory means nothing. 16.9%, the percentage of the florida population that identifies as black, the nation 14.2, more than the national number, live in florida. florida has unemployment rate 2.7% and miami 1.7%. when you look at the numbers, no state income tax and yes, are

there poor areas in florida? yes, there are, liberty city and little haiti and other areas, but they are doing much better. they have better potential to address the issues of poverty and that matters. the naacp and i will reference something to look up, manning johnson's speech. they are not for the colored people, they are all about their money, in a sense that reflects what booker t. washington said, there are a certain group of solvers who do not want the patient to get well, they feed off of this and collect money from black, white, anyone else, organizations and institutions and go out and push this because it keeps them wrelevant.

if you go to the areas, and i do, they are not looking to the naacp to show up because they are not showing up on a daily basis. >> todd: here is what desantis, the governor there, said about this advisory. >> what a joke. what a joke, we'll see how effective that is. it is ridiculous and we're proud to be leading the nation in tourism and led it for many years in a row now. it's a pure stunt. fine, if you want to waste your time on a stunt, that iss fine, i'm not wasting my time on your stunts. >> todd: will this impact tourism in florida? >> david: tourism has increased over the last year to two years. i see the traffic and out of state license plates. they are coming from canada.

miami is full of canadians. no covid lockdown or restrictions, we all survived. i am right here, i never had it, thank god. people are going there and not going for woke disney that has figured out it is not economically sound to expand, that is a false story. it is not because of desantis, it is business. >> todd: cheryl pointed that out last week. >> david: people are there, they are going to florida. they can't deny the facts. as far as the dei, thank you, i have the books, that they wanted to teach in schools. i don't care what state, your kids should not be indoctrinated into a way of thought, they should be thought to think critically for themselves, not what to think. >> ashley: this is a push on

desantis, too, people like it in florida. >> david: the voting, it has changed. >> ashley: we have to get to this. university of minnesota is facing backlash over summer research program that is reserved for nonwhite applicants. it is advertised as intensive summer program in which undergraduate students work full time with a faculty mentor on a research project. how are they getting away with this? >> david: how are they? we passed a lot, this is hard bigotry of expectation, they are telling me, black people, nonwhite people to apply logic, that you cannot get ahead without suppression of another group of people. they are not getting a ton of

money, 6000 is a lot of money. this really is hard bigotry, no expectations that blacks or people of color, air quotes on that, cannot compete in the education and jobs marketplace. that is insulting and that is segregation and these are segregationists at university of minnesota. i'll say it, they are racist. how often have you ever heard me use that word in my career on this network for a decade plus? these people have gone to the level of racism when you go against an ethnic group based on color of skin. >> todd: university of minnesota says it regularly revisits criteria across not gras grants and scholarships each year and will evaluate the student support program and will make

any appropriate updates. day one of law school, you learn you cannot discriminate based upon race. this appears to be violation of the constitution. >> david: that statement is bs. you approved the program, university of minnesota, don't tell me you revisit it. first you approved it. >> todd: maybe they got attention they didn't like. >> david: segregationists need to be shut down, we shut them down, we are diverse, i will not tolerate this and neither should anybody sending their kid to um. >> todd: thank you for joining us. parents concerned after finding featured stories on sex, drugs and underage drinking inside their kid's high school yearbook, we're talking to one of the parents. >> ashley: "new york times" op ed dismissing the border crisis

as fearmongering. if you are hearing about the border, someone is trying to scare you. okay, we'll ask joe concha what he thinks about that.

>> janice: good morning, hope you had a great weekend. cooler temperatures across great lakes, warming up across central u.s. and risk of severe storms for the southern plains. take a look at the radar. potential for heavy rain for florida, we are watching a tropical disturbance, official start of hurricane season comes june 1. we are watching areas east of the rockies, up toward oklahoma, lingering on tuesday and

wednesday for hail, damaging winds, isolated tornados and heavy rainfall. we are watching this region tonight into tomorrow and wednesday, this area of low pressure lingers and potential for heavy rain could cause flash flooding. know what you are going to do. fox weather has you covered. here is rain potential over next seven days getting into memorial day weekend, target area for parts of the high plains, central and southern plains and look at florida. we are going to watch florida over the next couple days. forecast highs, gulf coast up to northern plains. fleet week happening in new york, beautiful conditions as we get into the latter part of the work week into the weekend, watch potential for showers, sunday, monday looks good and tuesday. here is what we're talking

about, tropical disturbance number one moving in toward the bahamas, regardless whether it gets a name or not, we are dealing with potential for heavier rainfall for florida over next couple days and june 1 is start of hurricane season and we can see things percolate early. >> ashley: we'll be watching. >> todd: excited for fleet week, fun time. much like we anticipate ground hog, this weekend, i'm doing my planting. annual announcement. >> janice: long time waiting for this announcement. >> todd: vegetables go in on saturday. >> janice: the day is complete. >> ashley: parents in missouri are outraged after high school yearbook includes features on sex, drugs and underaged drinking. kirkwood yearbook has opinions of hook-ups and casual

relationships and weirdest places students have hooked up, mall dressing rooms and parking lots. this parent lives near the district where this happend and shein jos me now. what a bizarre situation to be in. i couldn't imagine being a parent and opening up that school yearbook. what did you think when you heard this? >> i first heard about it on facebook. i thought, i cannot believe this is happening in st. louis, close to where i live and i'm in parkway. it is completely inappropriate. their argument is they are trying to document the year of -- the year they are having at kirkwood. but there is a time and place for everything and for high school yearbook to glamorize

casual sex, illegal drug and alcohol use is completely inappropriate. >> ashley: i totally agree, not sure anyone would disagree. the school district explained or tried toin explain. school officials do not review, it reflects student staff and not school officials or school itself. they are trying to distance themselves from this. what does this signify of the oversight these teachers have on our students in school? >> so i believe that these kids have been completely misled by the educators. these are real-life issues that seem cool in a yearbook.

i feel heartbroken for the kids, they are 14-year-old kids that go to high school who might feel peer pressure to maybe get into this stuff when -- beforehand never thought about doing these things. you can talk about the real-life issues by maybe educating on the dangerous statistics of doing alcohol. that would have been appropriate for a yearbook, not fglamorizin it or normalizing it. >> ashley: the yearbook staff said, we stand by our book, we are grateful for the right and freedom to publish what we believe is relevant to what students are doing. it is illegal and they are

basically praising it. what does it show about the future of our kids? like they think drinking and partying is all they have. >> right. exactly. i think that parents also have failed these kids. they gave up and said it is what it is. you have to still try to get our kids to make the right decisions. they are young kids, they are feeling peer pressure and i just feel like this is completely, we failed this generation somehow by making it seem cool and being parents, teachers need to educate in ways that do not encourage this type of stuff. >> ashley: yeah, it falls on everybody's shoulders, not only that, kids praises themselves for it. thank you for your time.

>> thank you. >> todd: breaking moments ago, meta facing record 1.3 billion fine and it has to do with facebook user data. cheryl casone has the details. >> todd: that will get your attention. plus, did you see this? >> the fairytale story. gets better. a hole-in-one for michael block. >> todd: doesn't that put a smile on your face? club pro michael block stealing the show at the p.g.a. championship, bring you the moment everyone is talking about and more highlights from the winner. don't go anywhere. (bridget) with thyroid eye disease i hid from the camera. and i wanted to hide from the world. for years, i thought my t.e.d. was beyond help...

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>> todd: law student necessary washington, d.c. now need to wear masks throughout the course of the 12-hour bar exam. this comes as supreme court justice gorsuch offers scathing review saying, executive officials across the country issued emergency decree on breathtaking scale. since march 20twenty, may be greatest intrusion on civil liberties in this country. center of constitutional studies

aticato institute joins me now. why is the dc bar examiners through circuit court of appeals, continuing to ignore science and do the thing neil gorsuch is railing against? >> i haven't been at cato institute for a year and a half. it is cruel. i took the bar exam 20 years ago, given studies show masking doesn't do anything in a prolonged area like that, to intensify the most stressful experience most people have in early professional lives, it is cruel and no reason to it, it is virtue signalling. i'm hearing since that reporter broke the story, the washington free beacon, outstanding work and the dc bar is walking this

back. we still have a couple months before this happens and maybe because of the public shaming, the role journalists should play when policies happen, maybe that is being walked back and i'm glad you brought in justice gorsuch's statement, unusual statement, just talking about how we gave way too much power to both federal and state levels to the uncheckable bureaucrats and executives to do things that made no sense. we knew they started making no sense after month or two. >> todd: mask wearers could experience difficulty thinking and impaired decision-making and reduced cognitive solution, last thing you want during the most stressful experience of your life. i took it in july of 2003, i

never want to go through that again. it was the worst professional thing -- >> i was in the same one in albany new york. >> todd: the airport at lax, wild time. gearing up for nationwide over haul, planning to make dei -- we actively work to eliminate to performance disparity, promote diversity and inclusion and ensure diversity, equity and inclusion pervade the test, products and services. should the public be more or less in what the bar exam is vetting? >> this watered down test, i don't know who it is doing favors for. to say we need less rigorous bar exams to allow more racial

minorities to become lawyers, that is insulting and no good to anybody. again, this is woke mind run amuck. i'm writing a book that will be out from harper collins. these trends in legal education and more broadly do not bode well. i think there is a backlash, these changes aren'ts supposed to go into effect. this is a shocking story. >> todd: ilya shap iro from the manhattan institute. >> todd: basketball fan, miami heat beat the celtics, they didn't just beats them, they whipped them last night.

big game for dave vincent, leading the way with 28 points. >> vincent, pull-up three. he has the stroke tonight. >> todd: there wasn't anybody within 15 feet of them. meanwhile, brittney griner back, her team came up short in a loss. brittney griner's coach says the game wasn't a sell-out. >> come on, l.a., i expected more, to be honest. how is it not a sellout? >> todd: can someone tell me who bg? oh, brittney griner, phoenix mercury lost to sparks in l.a., 94-71. >> ashley: the heat made it look easy pulling up and doing the three.

>> todd: like you can do golf. >> ashley: check out this college baseball player showing off his skills on the electric guitar with his rendition of the national anthem. ♪ ♪ ♪ >> ashley: trey jones iii following up with a 3-4 day at the plate. his team didn't bring home the win, he said it is a game he will not forget on his home court. fox news alert, president biden and house speaker mccarthy will meet today in attempt to hammer out a deal on the debt ceiling and default is looking more likely than ever.

>> todd: that doesn't sound good. cheryl casone is breaking down the story and much more next. so many people are overweight now and asking themselves, "why can't i lose weight?" for most, the reason is insulin resistance, and they don't even know they have it. conventional starvation diets don't address insulin resistance. that's why they don't work. now there's golo. golo helps with insulin resistance, getting rid of sugar cravings, helps control stress and emotional eating and losing weight. go to golo.com and see how golo can change your life. that's golo.com.

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when i was his age, we had to be inside to watch live sports. but with xfinity, we get the fastest mobile service and can stream down the street or around the block! hey, can you be less sister, more car? all right, let's get this over with. switch to xfinity mobile and get the best price for 2 lines of unlimited. just $30 a line per month. i should get paid more for this. you get paid when you win. from xfinity. home of the 10g network. >> ashley: president biden and kevin mccarthy set to meet today to try to hammer out a deal on the debt ceiling, america could

default on their debt as early as next week. >> todd: cheryl casone, we're getting down to it. >> cheryl: we are, the treasury secretary janet yellen going on the sunday shows and complaining about the june 1 deadline. we're getting close, i will not sugar coat that part. listen what kevin mccarthy said about the phone call he had with president biden. >> i just finished a phone call with the president, he's flying back on air force one. we talked about the trip and positive things taking place and we talked about the debt ceiling and where we currently are. i believe it was a productive phone call. we can solve some problems if he understands what we're looking at. we have to spend less money. >> cheryl: spend less money, sky high inflation at 5% level. president biden claims no one will be to blame if the u.s.

defaults, especially he doesn't think he will take blame, listen at president biden. >> president biden: i would be blameless, on politics, no one would be blameless. there are some maga republicans in the house who know the damage it would do to the economy and because i am president and president is responsible for everything, biden would take the blame and one way to make sure biden is not re-elected. >> cheryl: he said it is political. back in 2011, the stock mark did sell off and the u.s. had first ever downgrade of its credit rating. this is serious, hope they can figure it out this week. >> ashley: we'll see, they only have a week left? >> cheryl: depends who you

believe about the deadline. meta in the hot seat, breaking news coming out of the eu. regulators are finding and it is not officially announced, 1.3 billion. meta knew it was going on and have been preparing for this. their president for legal affairs and chief legal officer saying we're being singled out. the internet risks being carved up in silos. simple english, they are saying they are worried about europeans facebook and instagram information being on u.s. servers. really? take a look at your servers. what do they want meta to do? delete all the data? that is multi billion dollar

unrealistic expectation. dc could save the day. talks going on would help smooth this over and it will come back on washington to get that deal done. meta is fighting this and quarter of revenue comes from europe, will not discount the financial hit to them thchl is example of europeans going after technology companies for the almighty dollar. and i'll leave it there. >> todd: or the euro in that case. >> cheryl: it's a money grab, i've seen this over and over and i'm on meta's side on this one, they could argue. >> todd: here come the lawsuits. >> ashley: unbelievable this is happening in new york city, incident at yoga studio. this is complaint coming from the lawsuit.

i'll read this first. female patrons complained and yelled at miles, the transgender woman, this person is transitioning, but still fully male, according to witnesses, throw that out there. single-sex locker room, they demanded miles did, miles use of bathroom labeled men, made miles suffer shame and humiliation, that is from the lawsuit. witnesses say, no, no, this person came into the women's bathroom with the -- they were wearing boy shorts and basically -- being very erratic, you had a lawyer on last hour that said this person filed other lawsuits, you know. this might be lito my knowle

knowledgeuous -- litigious lawsuit. small businesses cannot afford $5 million lawsuits and this person is filing against the city. female women, when do they fight back. >> ashley: that is what i'm saying, when will woman push back on this, it is getting out of control. >> cheryl: seeing it in sororities and clothing locker rooms and young girl's sports teams. this is litigious person, according to the legal person you talked to. >> cheryl: i will go to that yoga studio and support them. >> todd: the fbi could give house republicans a document they are asking for that indicates president biden in a criminal scheme. >> this allegation happened a long time ago and the fbi has

done nothing. we want to know what they did. not only want the file, but what action they took. >> todd: joe concha here to weigh in next. >> ashley: steve doocy will look at what is coming up on "fox and friends." >> steve: hello, todd, ashley, hello, america. coming up 10 minutes and five seconds from now, the field is growing, today tim scott will officially launch his presidential campaign in his hometown. florida governor ron desantis not far behind, he could be on thursday. president joe biden will meet with house speaker kevin mccarthy this morning to see if they can reach a debt limit ceiling thing, they have 10 days to go, what happens if they do not agree? we'll talk to stuart varney.

and why naccp believes the state of florida is dangerous. hear a reaction coming up and new privacy concerns over new security screening process rolling out at major airports across the country. we are live with what you need to know. kurt, the cyber guy on the case and we kickoff eight minutes and 55 seconds on the station you watch for your morning news much ashley and todd back in a couple, you are watching "fox and friends first."

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♪ >> i want to be very clear with the fbi director that congress has a right and we have the jurisdiction to oversee the fbi. this is one piece of paper that a chairman of the committee has requested to see. >> this is one of the most serious accusations i think has ever been leveled against any

political leader in the history of our country. and for the fbi to act like well, we don't know. we can't talk to you about this. just truss us, i mean, this is allegation hand a long time ago. and the fbi has done nothing. we want to know exactly what they did. not only we want the file but we want to know what action they took. >> todd: top republicans say they are confident that the fbi will finally turn over a document that the house oversight committee is requesting it. allegedly implicates president biden in an unspecified scheme from his v.p. days. >> ashley: fox news contributor joe concha joins us now. good morning to you. mccarthy and comer both think the fbi is going to hand these documents over but, my gosh, what is taking so long? >> long, ashley, as in five years. this hunter biden investigation has been going on. you want to talk about slow-walking. this is almost backward now at this point. and, again, as we saw with the durham report, the fbi impacted

the 2016 election, which democrats didn't like very much as far as james comey's involvement in hillary's emails impacted the 2020 election as we saw as well. the trump folks didn't like that very well how they handled that particular election. 2024 they get a do-over in the sense where they should turn over this document where comer and mccarthy are asking for so we can finally see exactly if the sitting president is compromised by the likes of china, ukraine, russia and so on based on his son's business dealings and all the millions of dollars have come back not to hunter biden, james biden, alli biden and possibly the big guy who apparently is joe biden according to tony bobulinski who is hunter biden's business partner. so, yes, turn over the document. if it exists, and then from there, you'll finally have the receipts that james comer has been talking about so much. otherwise, the american people will still be like, okay, show us the evidence. show us what you've got or else we are moving on at this point,

guys. >> todd: also does beg the question why does congress have to beg an agency that it funds to early follow the law. we live in strange times. meantime critics are calling out a "new york times" op-ed for claim going you are hearing about the border, someone is trying to scare you. the article says, quote: broadly speaking, republicans want you to be scared of immigrants and democrats want you to be scared of republicans, our fixation on terrorists has faded but we have retained as a legacy from that frightened era the habit of thinking about the border as a security risk that must be mastered so, joe, i guess the stats on fentanyl deaths and the images of children being abandoned just to name two omerely fear-mongering. >> and, you just read one part of that,ed to, that is so, so utterly frustrating and should anger so many people that republicans want you to be afraid of immigrants. again, it's illegal immigrants. that's what people are upset about. no one has any problem -- no

republican has any problem whatsoever with people coming to this country lawfully and legally. we need the workers. obviously that's what made this country grade. immigration it's illegal immigration, that's the problem. because that i taps and stretchs and destroys so many of the resources that are teetering in this country education and healthcare and as you said fentanyl killing a record number of americans between the ages of 18 and 49. so, that's an opinion piece. so, it's not like that's a "new york times" report but, at the same time, the fact that this was even an argument that made the "new york times" it's dishonest quite frankly, ashley. >> ashley: joe, liv golfer capturing fifth major golf victory by winning the pga championship at oak hill. watch this. [cheers] >> the fairy tale story. [cheers] >> gets better. a hole in one for michael.

>> koepka wins but showing the hole in one by michael block. that is rory mcilroy. kevin costner reimagined,. >> todd: "fox & friends" begins right now. ♪ ♪ ♪ing. >> steve: the fun stuff. we love that music. we love the race. and it is off once again today. later today tim scott, who filed the paperwork to enter the race on friday, who, as you know, is a deeply religious 57-year-old former insurance broker, is going to officially kick off his campaign in his hometown of north charleston, south carolina. and he is going to do it a