be going. not looking at president trump and some documents. what really is going on with president biden, his family, criminal enterprise and i brief that this president is compromised. >> carley: congressman carlos gimenez thank you for joining us this morning. >> my pleasure. >> todd: when you need answers go to carlos gimenez. he doesn't pull punches. >> carley: "fox & friends" starts right now. >> women and children, he was yelling in their faces. >> marine veteran daniel penny indicted by a new york city grand jury for the death of 30-year-old jordan neely, trend passengers on the subway. >> this is a miscarriage of justice. >> i couldn't sit still. >> francis suarez is going continue to deed seek the 2024 nomination. >> joe biden's america is inner credibly scary. that's what motivates me. >> republicans kick off a dereliction of duty hearing pointed at mayorkas. >> intentional sabotage of the

rule of law. >> of our southern border. >> do you agree with that? [crickets] >> totally consistent with jump of intees cease animal. >> it did escape from a chinese lab in wo wuhan. >> an accident followed by a cover-up. >> congressional baseball game brings together republicans, democrats and fans of all gladges "studio b" deep into left field and bounce into the bullpen. >> republicans took 15-6. >> ainsley: straight to a fox news alert. marine veteran daniel penny indicted on a second degree manslaughter charge connected to jordan neely's death on a new york city subway train. >> he said he acted in self-defense and protect those around him after neely said he was going to kill him. >> steve: ashley strohmier joins us here in studio m with the latest ashley. >> the indictment is under seal right now. the manhattan d.a. is expected to formally announce 24-year-old

daniel penny's indictment later this morning. new york city mayor eric adams confirming in a statement to the associated press saying, quote: i appreciate d.a. bragg conducting a thorough investigation into the death of jordan neely, i have the utmost faith in the judicial process. and now that has indicted daniel penny, a trial l and justice can move forward. >> penny is out on bond after being charged by manhattan prosecutors for second degree manslaughter in the chokehold death of jordan neely. now, in the state of new york, second degree manslaughter is defined as class c felony and carry a maximum of 15 years in prison. the decision comes weeks after the deadly confrontation on the new york city subway. penny's lawyer says his client thought neely posed an immediate and possibly deadly threat to everyone on that train car. listen. >> in new york state, you don't have to wait until someone

physically attacks. you don't have to wait until somebody is lying on the ground or worse. the standard is whether a reasonable person in my client wants position would have feared-would have feared imminent harm. >> ashley: another defense attorney for penny responding to the indictment with a statement saying in part we're confident that when a trial jury is tasked with weighing the evidence they will find daniel penny's actions on that train were fully justified. penny himself spoke out about the incident earlier this week. watch this. >> the three main threats that he repeated over and over is i'm going to kill you; i'm prepared to go to jail for life; and i'm willing to die. >> i was scared for myself but i looked around a and i saw women and children i looked in faces seeing these threats i couldn't sit still. the whole interaction lasted less than five minutes. some people say i was trying to choke him to death which is not

true. i was trying to restrain him. >> alvin bragg has not commented on the indictment yet. but is he expected to speak later today. also still unclear when penny will appear in court. back to you guys. >> steve: ashley, thank you very much. so the indictment is sealed right now. what we do know is according to the new york daily news. apparently the grand jury started hearing testimony two weeks ago. and we have been reporting that he is going to face a charge of second degree manslaughter. according to the daily news. it says he will face not only second degree manslaughter. but criminally negligent homicide as well. and people are watching and they are going hey, wait a minute. i thought the d.a. already said something about manslaughter. he did. he charged him with manslaughter. alvin bragg did. but he needed the grand jury's approval to proceed. apparently he has gotten it. it will be unsealed later today. >> ainsley: this is not surprising. it is grand jury. the standard of proof in grand jury is very low. they only hear one side. that's why it said that you can indict a ham sandwich because

anyone -- it's 99% indictment rate if you go in front of the grand jury. >> steve: favors the prosecution. >> ainsley: exactly. >> brian: the fact that he was there and cut three tapes the defendant himself and explained himself and i think we will eventually see witnesses step up and step out and say i felt threatened. he said three things came out of -- he had the let sets on. he preponderance his headsets off and he heard three things. i don't care if i go to jail. i am going to kill somebody. and he started screaming. >> ainsley: i'm willing to die. >> brian: and then he saw the fear in other people's faces and then he ended up taking action. people that think that i had this guy in a 15-minute chokehold are wrong. listen. >> some people say that i was holding ton mr. neely for 15 minutes. this is not true. between stops only a couple minutes. so the whole interaction less than five minutes. some people say i was trying to choke him to death, which is also not true. i was trying to restrain him. some people say this is about

race, which is absolutely ridiculous. i didn't see a black man threatening passengers. i saw a man threatening passengers. a lot of whom were people of color. the videos didn't start until they saw the situation was under control. i knew i had to act and i acted in a way that would protect the other passengers, protect myself, and protect mr. neely. i was trying to keep him on the ground until the police came. i was praying that the police would come and take this situation over. i didn't want to be put in that situation but i couldn't just sit still and let him carry out these threats. >> ainsley: is he a marine vet. sacrificed a lot for our country and said he just felt compelled to act. there's a guy that's coming on the train there are women and children there. and you're in between stops. you have nowhere to go. you can't get away from this guy and he is screaming "i'm going to kill you." wouldn't your heart be racing. i'm prepared to go jail for life and i am willing to die? if someone comes on your train and is yelling that, i hate that

he died, but what he did expect was going to happen? someone is going to stand up. some strong man is going to stand up and not allow that guy to intimidate or threaten other people. >> steve: after daniel penny, after this came to light, daniel penny was not immediately charged. and then people started to stand up. >> ainsley: protested. >> steve: people were jumping down on the train tracks and stuff like that. democrats said that the fact that he was who not immediately arrested pointed as evidence of a racial judicial system and showed the challenges with dealing with the most vulnerable. and eventually he was charged. and at mr. neely's funeral in harlem, hundreds showed up including al sharpton who did the eulogy and demanded accountability. and, yesterday, al sharpton said, regarding this: this was a clear cut case of vigilantism and has no place in our society. >> brian: from now on if you see a woman getting beat up do what

al sharpton says and let it happen because the person needs to be understood, the attacker, including some of his family members who said next time he was yelling why couldn't the one lawyer came out and said why couldn't someone ask him how can i help you? what's wrong? have you ever been in a situation like that. >> ainsley: actually the guy? on drugs. >> brian: that's what sid rosenberg talked about. he interviewed the attorney yesterday multiple times. they happen to be friends wabc. actually he is on right now. here's what he said last night. >> this is not a white-black thing as you know one of the folks that restrained jordan neely, brian was african-american mail. also the first lady, the first lady to complain on the train that day and actually credited daniel penny with saving her life an african-american female. al sharpton, what do you say to that? we make everything race because the truth is they don't want to hear the truth. daniel penny, brian kilmeade is a hero not a criminal. i'm one of those guys, i would try to help somebody. not today. not after this indictment. they tell you in new york city don't help your fellow new

yorkers. that's the saddest part of this story. >> steve: it is sad. >> ainsley: daniel penny said this guy had a history of mental illness, violent incidents. he has homeless and appeared to be on drugs. we haven't gotten the toxicology reports. >> brian: k-2. evidently addicted to the k-2 drugs. 42 arrests, three unprovoked assaults including a 63-year-old woman who he arbitrarily punched in the face. >> steve: if daniel penny is convicted, who will ever step up again to try to defend people knowing that it could ruin their lives? they could wind up getting convicted for 15 years and it would ruin their lives. who is going to stand up. >> ainsley: think about how this world has changed. this is the news, 50% of the people probably in new york believe that daniel penny is in the wrong here. >> brian: this is what i hope for -- >> ainsley: think about our parents generation and grandparents generation they would have stepped. in some man approaching me on the subway.

my grandfather my own father would have stepped in to protect an innocent young lady. >> brian: it's all about law enforcement. i don't think our attitudes have changed. what happens to people that do step in. and this is my hope, that the people on that jury ride the subway and they know what it's like to hop on mass transportation when you are stuck in a tube and you see a deranged person who just wants to prey on the vulnerable. and that's my hope that people won't see democrat. they won't see marine. they won't see white, they won't see black. they will see the reality of life in new york city. >> i was in central park with a friend who she is a democrat. and i said can you believe this? and she said well, he didn't have to kill him. and i said i am so sorry that the guy died. but, he didn't mean to kill him. >> brian: by the way he also says in his tape his chest was going up and down when he let go. he said so he doesn't know what happened in between. >> ainsley: one guest earlier they were playing this on "fox & friends first" said we haven't seen toxicology report. if he was on drugs that could have caused a heart attack. mane if his heart was still

beating when he let go of him maybe he has a heart attack. >> brian: autopsy says his wind pipe was crushed. >> steve: indictment will be unsealed later today unless he takes a plea agreement. it will go to a trial. luckily, for mr. daniel penny, $3 million is in his legal defense fund. so he will be able to mount a spirited defense. >> brian: let's hope there is justice. watch this. a man struck by lightning caught on camera. >> ainsley: whoa. >> brian: how he was miraculously survived. >> ainsley: another elephant in the room. miami mayor francis suarez enters the race for the white house it's getting big with trump raking in a million dollars after his arraignment? has he already locked in the nomination? our voter panel is going to weigh in next. >> brian: and that's what they look like ♪ will ♪ i'm going to put a diamond on

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>> carley: charges against a felon accused of killing a woman

and child. this happened on tuesday. the suspect approached the 34-year-old woman this her car at random and opened fire. she was 32 weeks pregnant and was rushed to the hospital but neither she nor her baby survived. the suspect is currently being held in jail on charges of murder, assault and unlawful possession of a firearm. to a fox weather alert now. more severe weather expected today after tornadoes and hurricane force winds ripped through the south yesterday impacting nine states. and this wild video capturing the moment new jersey man struck by lightning. first responders were able to revive the man. they say he is now talking. he is also alert. you can follow this story and many more by downloading the fox weather app. on your connected tv device. over to baseball now. republicans coming up with a big win against the democrats in the congressional baseball game for the third year in a row. >> and here's a ball hit by "ststeube deep into left field

bounces up and into the bullpen. >> carley: congressman "studio b" driving byron donalds home with the ground ball double. leading from the very first inning in 16-6 trampling of the democrats. it was 10-0 last year republicans won. this year 16-6. >> steve: look at that after you were down there yesterday, i watched it last night. it was a lot of fun. >> carley: it is fun. i love the event. >> steve: carley, thank you very much. the republican field is expand for president again. miami mayor francis suarez teefsing his big announcement later today after becoming the latest republican filing paperwork to run for president. this, as the trump campaign says they have raised over $6.6 million since the former president was indicted on 37 federal charges a week ago. so how will trump's indictment impact his 2024 chances and everything else regarding it? look at this. we have assembled a great voter and viewer panel right now.

we have independent voter bernadette wright up in the left-hand side. we have got republican voter noreen johnson to her right. and republican roadside bomb rom so he lien.>> what do you tt suarez, the miami mayor signing up for president. he will be the first hispanic to join the crowded republican field. >> yeah. i don't know too much about mayor suarez other than he won both of his elections by auto wide margin. do recall reading he didn't vote for trump in either 16 or 20. the impact he is going to have is more against governor desantis because governor desantis represents the anti-trump or anybody but trump vote he is going to draw votes away from desantis.

>> steve: bernadette sitting there at 6:20 in fayetteville, georgia. now there are going to be a dozen republicans. and donald trump is the frontrunner. do you look at the polls? do you pay attention to that or just listen to everything? >> i kind of listen to a little bit of everything to be honest with you because right now i didn't see anyone who was really someone i would want to vote for to be honest. i'm excited about the entrance of miami's mayor into the race just because i think he will bring some fresh wind and something new and exciting and hopefully have something different going forward. >> maureen, how about you? you are a republican voter a dozen people to choose from right now including the former president enough variety for you? >> it's not enough variety but i want to wish my president a very happy birthday week. as far as the panel of candidates that have raised

hand, i think we as a g.o.p. party have one option and this is to unify behind whoever the candidate ends up being in response to suarez's pending announcement, the first mistake he made this week was in front of a miami courthouse where our president has been indicted can, you know, not only putting that whole situation aside, but he also attacked ron desantis who he is sitting in country. governor desantis has done more not only than florida but the country as a whole than suarez could think abouting into any kind of a term let alone a presidential term. as far as he is concerned his position of mayors is perfect for him. i think desantis, you know, definitely him and trump have their little -- their issues between them but i just really pray that our party in general unifies and supports whoever ends up being the candidate of those 12.

>> steve: sure. roadside bomrom, what do you mak ramaswamy said he would pardon donald trump if he is convicted and if vivek is elected. is that important before the voting and before the primaries really start in earnest to know whether or not a candidate would pardon the previous president? >> i don't think it's important per se. but i think if they do agree to the same pledge, if the other candidates agree to the same pledge, it will show a lot of unity within the party. i think it will bring everybody together because this indictment is an absolute travesty of justice. i can't believe before my eyes i'm seeing the politicization of our depa department of justice. and that's exactly what has happened. >> steve: so you see a two

tiered system. >> absolutely. >> steve: bernadette, what do you make of the indictment and 37 counts? >> actually, they may have overcharged him but i will be honest with you, i actually think that there are some concerns regarding the indictment. if it is actually found to be true that he was sharing national secrets or sharing defense plans and showing strategies of war it's inappropriate for anyone whether it's donald trump or anybody. if those things are true, we should be taking a serious look at it. if not, we won't. we still live in newark. which means you are innocent until proven guilty. we have to start paying attention to that. >> steve: that is something that jack smith said when he talked a little bit about the indictment last week is he is presumed innocent until proven guilty. let me ask you, norine, what impact do you think this is going to have? you look at the fundraising, donald trump was able to raise something like 6 million bucks

after he was indicted. there is a new poll out that asks republicans and independence the impact of trump's league situation on the likelihood you would vote for him, 51 percent said it would make no difference, what do you make of that noreen? >> so i mean, as the polls are clearly showing this is an attack not on donald trump but on the people of this nation. so i truly believe that it's only going to continue to help him, not only that, but 400 years they are charging him with, not only that but talk about the actual acts. if we are going to start indicting people look at the clintons and all their documents that were burned or buried or killed and while we are at it the bidens as well. this is just another witch-hunt that i think is only going to propel donald trump and hits poll numbers. just have every other witch-hunt

in the past have done for him. >> steve: okay. great panel. we thank you very much bernadette and noreen and thank you very much for getting up early. rom, it's 3:25 in phoenix. you have a full day ahead of you. >> i'm looking forward to it. >> steve: thank you, sir and ladies, thank you as well. all right. by the way, would he were talking about miami mayor francis suarez he is going to join us tomorrow live right here on "fox & friends." we have lots of questions for him and i'm sure you do, too. meanwhile, back to our top story with a fox news alert. marine veteran daniel penny has been indicted. the indictment currently is sealed. he is facing up to 15 years for the subway death of jordan neely. a defense attorney breaks down what is in his case straight ahead. plus congressman schiff dropping a $60 million fine. lawmakers against the plan to censure the democrat over trump russia lies. the fallout still ahead on "fox & friends." ♪

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>> carley: a woman was killed on monday after a large piece of metal pierced her windshield on i-95 one day after a portion of the highway collapsed near philadelphia. police say the woman was driving just 10 miles south of where the portion of 95 buckled on sunday following a tanker crash and fire. officials have not connected the woman's death to that collapse or commented on where that debris came from. there are now plans to backfill that portion of damaged highway and create a different path while repairs are made. the father of children who miraculously survived 40 days in the amazon say they were fleeing from a violent armed group when their plane crashed. he hold the "new york times" they were very scary they would be recruited as the armed group had been taken control of the home in region in colombia and forcing kids to enlist in their violence. the small aircraft went down

after engine failure killing all adults on board the house voting against a bill to censure adam schiff for insisting that donald trump colluded with are russia to win the 2016 election. >> this is as clear evidence you can find of intent to collude. >> the russians offered help the campaign accepted help. the russians gave help and the president made full use of that help. >> there is clear evidence on the issue of collusion. >> there is ample evidence of collusion. >> carley: the bill also recommended a $16 million fine against the california congressman. 20 republicans, including kentucky's thomas massie joined democrats in effectively killing the motion. brian, downstairs to you. >> brian: why would they dhal motion? he is caught on tape multiple times lying. thanks so much, carley. >> carley: you are welcome. marine veteran daniel penny facing up to 15 years in prison after a grand jury indicted him on second degree manslaughter in the subway death of jordan

neely. later today alvin bragg is expected to formally announce the indictment aspeny's attorneys vow to clear their client's name. here to break down the case is criminal defense attorney alexi rig den. lexy, your thoughts about this indictment. >> i'm not surprise it was returned. indictment are as we have all been with all the high profile indictments can you indict a ham sandwich. the standard is very low. it is simply that there was reasonable cause to believe a crime was committed. simply because an indictment was returned doesn't mean this case is going to resolve. raze things happen like the alec baldwin case we assume this will go to trial. now he has the access to a lot of money from the go fund me. his lawyers are probably going to be filing motions and a lot going on behind the scenes to dry to resolve this. >> brian: easy to get lost in all the problems alec baldwin had what case are you specifically talking about. >> the rust shooting on the set

of rust where they had showed him and new mexico said nobody is above the law here this is a stated of laws and multiple public officials coming out and condemning him and charging him right before the preliminary hearing they decided to drop the charges. you never know what is going to happen in these cases. >> brian: was it wise for daniel penny not to do an interview but get his story on camera and release it? >> i think it absolutely was. the media narrative teenage mutant ninja turtle a little bit. in the beginning he was a racist and vigilante, false narratives according to him. he gave an interview it was a 5 minute chokehold, false narrative 15 minute chokehold. his attorneys basically said if he doesn't come on and correct this at some point it ends up being the narrative and accepted truth by the public. >> brian: the role of others on that subway car, what's their role in danny penny's fate? >> obviously some of those people are going to be testifying. some of them may testify i was terrified in that he was ripping

off his clothes. he wasn't moon walking. we heard about him being michael jackson impersonating. ripping off his jacket and say he was going to kill people. more people that testify for daniel penny say i was terrified, he seemed like a threat. probably i'm thankful that daniel penny stepped in the better it's going to be for him. >> brian: your thoughts that helped him happened to be minorities black? >> right. one of the women who came forward who said he saved me seems to be a minority as well. does that matter? he is not charged with hate crime. it doesn't matter with what he is actually charged about but it's still important there are also people of color on that train being threatened as he said in his interview by jordan neely. he was threatening everybody on the train regardless of their color. >> brian: this jury trial is this majority decision or is this unanimous decision. >> it's going to have to be unanimous. the grand jury was just a

majority decision. that's another reason why it's so easy to return an indictment. you need 12 out of 16 to 23 people. the jury is going to be unanimous to convict him. >> brian: hard to imagine that happening but the role of race and al sharpton the pressure he has put. in what he has done at the funeral and since, too bad people didn't care about him when he was alive jordan neely because this guy needed help. >> the race issue is preventing a real debate about safety in our cities and about mental health awareness and even disparity of people in color getting mental health treatment. it's preventingth real conversation by just saying that he was a racist set out to kill somebody on the train. >> brian: what is so crazy is he has got 42 arrests. three assaults and it doesn't matter. , right. well, because daniel penny didn't know -- we presume he obviously didn't know him and didn't know it et it. that's also been buried by the narrative that he is a michael jackson imperson narrowed. >> brian: we will have you back as this thing moves forward.

>> thank you. >> brian: hopefully doesn't need to go to trial. dereliction of duty the homeland security committee investigates secretary mayorkas' failure at the border. >> this is a crisis by design and one that was avoidable. >> the american people have suffered from a national security humanitarian public safety disaster at the southern border. >> brian: chairman mark green is are in charge. he is next. >> brian: the amount of money it will cost to you see the soccer stars mls debut in miami. in fact, the rest of the season is selling out all across america. he likes that trophy, doesn't he? ♪ i do it for the ♪ on your period, sudden gushes happen. say goodbye gush fears! thanks to always ultra thins... with rapiddry technology...

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>> i understand the difficulty and complexity of running the department of homeland security. it's clear to me and millions of americans that this is a crisis by design and one that was avoidable. my staff and i engaged and advised biden transition teams well before inauguration. advice from career professionals was ignored. >> he swore an oath to support and defend the constitution of the united states.

since then the american people have suffered from a national security humanitarian and public safety disaster at the southwest border. >> ainsley: the house homeland security committee kicking off their investigation into dhs secretary mayorkas over his quote dereliction of duty at the border. chairman mark green led the hearing and he joins us now. good morning to you, congressman. >> good morning. >> ainsley: i'm listening to the hearings yesterday and you make a good point that the president swore to defend our constitution which means defend the citizens. is there any -- what happens next? is there any -- he needs to be held accountable. how can he get away with there? >> yeah. so i couldn't agree more. both he and mayorkas, secretarymakers, you know, they swore an oath to protect americans, to protect the constitution ever the united states. and our rights. and they failed to do that. and so what we have done is launched a five phased

accountability phase wonder election of duty. we talk about the 11 laws he has broken. two court orders he has refused to obey. lying to congress and things like that. of course, the wh cause and efft of this is that the american people are not safe. our national security is at risk. >> ainsley: chad wolf is the former acting dhs secretary said it's clear to him that this is a crisis by design. and avoidable. do you agree? >> oh, i agree 100 percent. can you look at every decision they have made. it's to open our border as wide as possible. they created the migration crisis. and, you know, in this region. people tested the system early on. saw that they could get in and get released. and so they called back home and millions have come. and for 160 different countries. and now we are hearing, you know, thousands of chinese nationals coming across. it's a travesty. and it's intentional.

>> ainsley: why is it intentional? i don't understand. it's dangerous. we can't afford to house these individuals. of course you have a heart for people in other countries. but you can't just open your border. >> yeah. absolutely. you know, and if you speak at that heart thing, it's really -- let's assume for a second it's all truistic and they can help. where is my government picking where maybe we want to take care of gold star families or something like that it's not freedom. it's really the risk to the american people folks come here and vote democrat. i can't think of any research beyond just they're choosing that or choosing to use my taxpayer dollars to give to their charitable cause. >> ainsley: i feel like biden ran on this moderate agenda. he is going to unify the country. a lot of people might have voted for him as a referendum on trump just to have change and peace of

mind for a little while. when you hear rodney scott talk about how we went in and tried to help the transition team with the border and they listened to us, they were going to follow our rules and then the moment that the inauguration happened, everything changes. everything -- all those promises go out the door. >> yeah. i think that was one of the more revealing things we got out of yesterday's hearing is that they basically shut down all information flow from the professionals who secure our border to secretary mayorkas. and that's startling because just in the senate a few months ago. mayorkas admitted he didn't even understand the core strategy of the drug cartels to get the fentanyl into the united states. merrick garland admitted he knew it but mayorkas didn't. that's admitting incompetence. >> ainsley: congressman mark green, thank you for joining us. >> thanks, ainsley. >> ainsley: check in with janice dean for the forecast.

>> janice: hello. i have got some friends with me what's your name. >> anna. >> jay. >> mike. >> where are you from? >> maine. >> janice: do you want to say llweleyn low to someone. >> mom in northern maine. >> >> janice: what's your name? >> sarah. >> bobby. >> important event happening. >> our daughter is playing with high school orchestra at carnegie hall. >> janice: you want to say hi to somebody. >> i do rick corral in reading, california. >> janice: who is that? >> my dad. >> janice: hi dad. hi mom. what a great forecast in new york city for visitors. take look at it right now. mostly sunny skies. we do have 82 is the high. severe storms for parts of the southern plains and in towards the gulf coast. i need to you watch those warnings if they happen. we have a couple of thunderstorm warnings in effect for louisiana, mississippi, alabama. we had several tornado warn storms yesterday. flood alerts for heavy rain in the forecast over the next couple of hours. watch for that flash flooding a big risk. then we have smoke coming in from canada. this is probably going to be a

summer long thing depending where we have all of those areas of low pressure that's going to bring the smoke in so parts of minnesota very unhealthy and other big story is the heat across texas. all right. do you like brian kilmeade? >> hi, brian and peter. hi, peter. >> and steve and ainsley, we love you all. but we're going to say hi to brian right now. >> hi, brian. >> brian: didn't i tell you not to say that you keep putting myself and reputation on the line. janice, see you shortly. news by the numbers, sponsored by novartis. we love them. first $20,000. that's how much some tickets now cost to see line messi and potential debut with intermiami of the mls. they are now skyrocketing. look at this. more than 1,000%. they start at $810 and originally were $29. miami was one of the worst teams in the leagues and not a great draw. that has changed. next, the tenth inning. that's what it is all about. that's when new york mets star

brandon hit a walk-off double. listen to the play by play to give the mets a win over the yankees at cityfield. capacity crowd, obviously. nemo was the goat two days ago for a base-running blunder earlier in the game. he actually had a problem there. and he dropped a fly ball. this prevented the yankees from sweeping the cross town rivals in both their games. they will play again in late july. now, the subway series has come to a close at citi field this week. meanwhile, finally, 11 years that's how long it's been since wake forest golfer and there you see him there michael brennan dressed up as rickie fowler for halloween. he not only got to meet his hero but he got to play a practice round with him in 2023 u.s. open. this year's tournament begins today at the los angeles country club. and now, ladies and gentlemen, those your headlines. now. this no more biding time. senate republicans demand a special counsel investigate the

biden family as we learn business partners came to joe's holiday party right before infamous ukraine trip. is that a coincidence? but, first, don't move. pete hegseth will join us to talk about that and there is pete leaning backwards. ♪ i don't want to be anything other than what i have been trying to be, baby. ♪ all i have to do ♪ ♪steve coming up on the top of

the hour. a couple of quick headlines for you. starting with this. the company of samsung is apparently planning to give its employees one friday off each month joining other large companies elm bracings four day workweek. sounds great. >> ainsley: isn't that called vacation? >> steve: summer friday. for now only workers at headquarters in south korea get the benefit where more than half are based. of the added day off begins next week. congratulations. and a former starbucks manager is taking home $25.6 million after winning a lawsuit claiming she was fired because she was white. shannon phillips sued starbucks in 2019 over allegations of racial bias after employees called the cops on two black customers who refused to leave a

table even though they had not bought anything. phillips was not at the store when it happened and claims she was fired as a sacrificial lamb. so the company could prove it was taking action. starbucks has not yet commented on the verdict. meanwhile, the white house not slowing down its attacks against maga republicans even after press secretary karine jean-pierre is accused of violviolating hatch act. >> ainsley: agenda item maga tax welfare giant corporations at the expense of continuing to grow our economy by investing in america. >> brian: "fox & friends weekend" co-host pete hegseth joins us now. pete, i know you are not insulted. everyone said you are a maga supporter. overall it's a derogatory term in how it's being used. are you surprised the white house hasn't backed off of it? >> back off of a political

advantage? doesn't surprise me. i mean, first of all, the hatch act is totally unenforceable. they never enforce it. it's meant to go across the federal government and from the white house podium. why would they need the phrase maga republicans whether they have the justice department or they have social media that will do election inter feerns for them? this is a small thing for them. they believe labeling their political opponents, pejorative. they believe it's a pejorative. a negative will benefit them. the ironic part is, the other side uses the phrase as well. but not the way they would. they want to use it as it pertains to the tax code. but, remember, maga republicans, the idea of what this movement that donald trump started was securing the border, which the biden administration won't do. ending pointless wars, which this administration is in the business of starting. and fair trade. good trade deals that don't rip off the united states. they are not talking about any of that so if they are going to

do -- karine jean-pierre read maga republicans off her binder again and again and have no effect. but that's their political label that they will use, no doubt. >> steve: pete, it's no ironic because she says hey, when the people in the front row, peter doocy and jacqui heinrich ask questions about all sorts of things, she said a million times "i can't talk about that because the hatch act. watch this. >> that's true. >> the hatch act. i am covered under the hatch act. >> look, i need to be careful. the hatch act. >> i am covered by the hatch act. >> i'm covered by the hatch act which i'm happy to say over and over again because we believe in the rule of law here. >> i'm going to be very careful here as you know because we are covered by the hatch act and i'm not going to speak further to his process because we are covered by the hatch act so i'm not going to speak to politics. >> as you know we follow the hatch act here in this administration. >> steve: crazy thing is even though she is reading out of the big book of answers i can't talk about it because of the hatch act, she got it wrong.

[laughter] >> pete: selective enforcement from this administration where have i seen that before? we will decide what we want to do. it will apply to us when we want it to apply to us the revs you rubies department oversees the hatch act specifically said on june 7th you can't use this phrase, it's a violation of the hatch act, yet, they will continue to. it's why the credibility of this white house is so low. and, if not for the legacy media, if not for all those outlets that refuse to talk about hunter biden, joe biden, payments, they would be in even deeper water than they are right now. >> pete: pete, are you going to wear that the rest of the day or do you have another outfit. >> pete: it will be gone in 20 seconds, brian. >> brian: back to shorts and tank tops. >> steve: is he wearing shorts right now. >> ainsley: fox is selling the pocket squares you are wearing.

>> pete: this is one of a kind although i should get a fox one so i could advertise it. fox shop, get it. great stuff for father's day. >> ainsley: you can't have what i have one of a kind. >> steve: thank you for getting up early on this thursday. >> pete: good to see you guys. >> ainsley: second hour of "fox & friends" starts right now. >> i saw women and children he was yelling in their faces. >> the manhattan d.a. is expected to formally announce daniel penny's indictment for second degree manslaughter in the chokehold death of jordan neely. >> is he a hero making this stay safer place. >> they have decided to politicize the fbi. >> republican senators now calling for a special counsel to investigate claims of burisma executive bribed then vice president joe biden and his son hunter. >> this is banana republic stuff. >> i'm considering myself running for president of the united states. >> mime mayor francis suarez is indeed going to seek the 2024 nomination. >> joe biden's america. it i