gallbladder problems may occur. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. need to get your a1c down? you may pay as little as $10 per prescription. >> i saw women and children, he was yelling in their faces. >> brian: grand jury indicted daniel penny in the death of jordan neely. facing 15 years in prison. >> the more people that testify, the better it will be. >> dozens of migrants bussed from texas to union station at the order of the texas governor. >> national security is at risk. >> i'm going to run for president, for your children and mine.

>> ainsley: miami governor running for the white house. >> it would be disastrous for us to decouple from china. >> antony blinken the travel to china as his counterparts criticize the u.s. >> no reason to talk with china right now. >> work across the country to place service dogs with veterans. raise awareness, get volunteers, we're new york-based. >> steve: 8:01. straight to fox news alert. marine vet daniel penny indicted on second-degree manslaughter charges in the death of jordan neely last month. >> ainsley: penny says he acted in self-defense after jordan neely said he was going to kill him. >> brian: todd piro will break

it down. >> todd: the indictment is under seal, the da is expected to announce his indictment this morning. new york mayor eric adams saying, i appreciate da alvin bragg conducting a thorough investigation, i have the utmost faith in the judicial process and the grand jury has indicted grand jury, a trial and justice can move forward. penny has been out on bond after being charged by manhattan prosecutors in the choke-hold death of jordan neely. in new york, second degree manslaughter could carry maximum of 15 years in prison. penny's lawyer says his client thought jordan neely posed immediate and possible deadly threat to everyone on the train car. >> the standard in new york state, you don't have to wait until someone physically atacts,

you don't have to wait until someone is lying on the ground or worse, the standard is whether a reasonable person would have feared eminent harm. >> todd: another defense attorney steven rainer saying we are confident when a trial jury is tasked with weighing the evidence they will find daniel penny's actions were justified. penny spoke out earlier this week. >> the three main threats he repeated over and over, i'm going to kill you. i'm prepared to go to jail for life. i'm willing to die. i saw women and other than which, he was yelling in their faces saying the threats, i couldn't sit still. it lasted less than five minutes. some people say i was trying to choke him to death, which is untrue. i was trying to restrain him.

>> steve: what he said is important, prosecutors have to prove intent. >> todd: i'm glad you raise that, it is worth showing the defense cannot do anything to counteract what the prosecution is doing. the prosecution can put forth evidence, the defense gets to say the intent wasn't there and you look at an autopsy. the defense has a good chance of getting him off in this case. >> brian: i hope it is better than good. one thing that is also clear, i think might come up, other people involved. al sharpton said, i want the other guys, the ones grabbing his arm, prosecuted. if daniel penny had him in choke-hold too long, why did

other people have to get up. or when he locked him up, the guy was still flailing. i have to help out the good samaritan trying to help everyone else. if the guy was submitted and not breathing, why were people still trying to help out? my sense is, his hands were free and he was flailing away and someone else got in. daniel penny said his chest was going up and down when i released him. >> ainsley: many have said he appeared to have been on drugs, if that is the case, we need toxicology reports, there was a guest on "fox and friends first" this morning that said he could have died of a heart attack. the autopsy report, the medical examiner did rule jordan neely death homicide from compression of the neck. this is new york, depends on how the jury is going to vote and

what opinions are. some people say well, he didn't have to kill him temperature is awful the man died, the man was threatening to kill other people on the train whachl did he expect. someone has to stand up a man that was in the military will protect women on the train. >> steve: it is not just it is second-degree manslaughter case, he will be charged with criminally negligent homicide. we won't know until the indictment is unsealed later today by the da. i know a lot of you might be watching and thinking, i don't have to worry about that, i will never ride in a subway in new york city. do you live in a soft-on-crime town? going forward, what is this going message will it be to a good samaritan who sees something and want to do something and they think, i got to remember what happened to that guy in new york. he just did the right thing and he wound up going to trial. lucky for mr. penny, there is

such outrage over the fact he's been charged, he's got close to 3 million legal defense fund, which is all about getting him off the hook. >> ainsley: you feel sorry for him, he is trying to defend people, he says he didn't mean to kill him. he was scared and trying to do the right thing, he might be locked up for 5-15 years. >> brian: the border is a mess, we have not talked about it because of the court hearings and the unprecedented actions against president trump. more people have come in than under obama and trump. people say this is so abysmal and incompetent it has to be intentional. rather than rant, letting mayorkas know how much he is failing.

>> this country experienced largest catch and release policy resulted in 4.5 million illegal alien into american communities. 380,000 children trafficked or smuggled across the southern border and used physically, mentally and sexually. >> improvements were erased in 2021 when the biden administration announced actions heard around the world as u.s. borders are open. biden administration claims they inherited border in shambles and surges are normal or that allowing more illegal aliens to go through a port of entry are not accurate. >> steve: a lot of frustration on capitol hill to what is going on. governor abbott down in texas, he is super frustrated because so many thousands are coming across every week.

yesterday at a church in downtown l.a., buses with 42 migrants showed up, bussed there from texas. took 24 hours on the bus and wound up there. what is interesting, mayor of l.a., karen bass knew the bus was coming and mobilized emergency services to make sure they could handle it. that is laughable. we're talking about only 42 migrants in a city of millions in los angeles. they got to bring in emergency preparedness. brownsville probably gets 42 an hour. el paso, same thing. the whole reason they sent them to los angeles is because they are sanctuary city. texas doesn't want them, send them to a sanctuary. abbott the governor of florida, ron desantis was sending them on private planes and sean interviewed gavin newsom, he

said that is kidnapping and the migrants are shown so happy on a private plane and this is first bus gone to l.a. from texas. they join new york city, dc, philadelphia, 21600 migrants bussed across the city to democratic cities that are sanctuary cities and that is from governor abbott in texas. gavin newsom asked about this and he said it is just inhumane, these are human beings, individuals and you shouldn't send them here, sean said, you are a sanctuary city. go for it. >> brian: it is magnet and we have to shut it off by shutting mayorkas off and embarrassing this administration, keep in mind, people say, the border is down, hasn't been surge since end of title 42. we told them to report to other stations in other countries and flying them in directly over the border. the border is slowing down, maybe policies are working, we

are finding way to fly them in as they report in ecuador, el salvador, guatemala, leaving venezuela. if you see strange planes landing at odd times, most likely -- homeland security, biden's policy. title five. >> steve: flying on commercial airlines, as well, to america's big airports. >> ainsley: they don't have to go through customs or show a passport? >> steve: they have a paper.

-- acceptable that we accepted minimum 4.5 million through the border with 2 million minimum gotaways. >> ainsley: we used to look at europe and say gosh, they have open borders, glad we don't have these problems. listening to international newings this morning and they were talking about that ship that sank in greece and the survivors, trying to find the survivors and rescue them, some were from other countries and they said they will be deported and i thought, they are doing that overseas, we don't do that here.

>> brian: they turn around the boats, ask the italians, libya is falling apart and other countries are not amenable to people. >> steve: 8:12 and carley has a pick me up about nuclear weapons. >> carley: president of belarus says his country is receiving weapons from russia that are three times more powerful than those dropped on hiroshima and. a soldier begs for his life to be spared as russia deadly invasion in ukraine continues. soldier being held in ukraine under guard supervision according to "wall street journal." fox news digital exclusive, lawsuit file against faa claiming pete buttigieg is hiding records.

southerland says pete buttigieg uses a private jet to fly domestically and internationally. his agency will not tell how much he is on the hook for. miracle by the dozen, 12 nicu workers are pregnant all at the same time. a spokes sdlt person for the medical center said it is first time having this many pregnant employees, five are first-time moms. fun story to end on. >> ainsley: what is in the water there. who will deliver the babies? >> steve: who is left? >> ainsley: reminds me of fox. >> carley: when i texted ashley

a picture of brock at the hospital after i delivered she text me back and told me congratulations, guess what, i'm pregnant? >> brian: were you first to know? >> i think her husband probably before me. >> ainsley: in our case, i knew before your husband did, you accidentally shared the news. >> carley: he was living in chicago and i wanted to tell somebody, i cornered you and i was like, ges what. >> ainsley: we just hugged. >> steve: she swore you to secrecy until just now. >> ainsley: sorry, pete. >> brian: sorry issue ted, she didn't choose you. >> ainsley: when ashley comes back from maternity leave, then you have another baby. >> carley: it may work like that, pong-pong back and forth. >> brian: i need a diagram. >> steve: thank you.

>> brian: straight ahead, new report confirming taxpayer money went to chinese groups known for studying covid, we break down the federal agencies involved. >> ainsley: tomorrow rocking the all-american concert series with justin moore and riley green, join us on fox square gchl to foxandfriends.com, to register for access to free barbecue. go register and come out and we'll hang out together. >> steve: see you then. >> brian: just don't take the subway. ♪

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>> steve: it is called america's bread basket, that may not be the case this year, kansas

winter wheat farmers face the smallest crop in years fuelling fears of higher food cost ultimately hitting all our wallets. joining us with a look on the prairie of kansas, wheat farmers vance and louise. >> steve: i've been talking to my family in kansas, for folks that don't understand, you plant winter wheat last year and sits in the ground and needs rain. it didn't come, tell us how bad this crop is. if it is bad, we will pay more for everything. >> yeah, louise and i have been playing this game for a long time, 48 years. this is absolutely the worst i've ever seen it. the problem goes back to last

year. we had extremely hot, dry, windy weather. driest year in recorded history, made death valley look like a vacation spot. >> steve: and louise, i think you snorted right there. >> i did. >> steve: it sounds like 30% of normal harvest, that means you are missing 70% paycheck. what do you do to make up that money? >> good question. i mean, that is what people are asking. thanks for crop insurance, but that is just part of the deal, cost of production is so high. crazy thing is price has gone down and you think that would be good except without a crop and then prices going down, that

doesn't add up very well. we are scrambling, people planting spring crops. did you want to add to that? >> if you farm in the fringe areas of american agriculture, one thing you learn quick, leave slack in the rope, years like this come along and if you have a 50% debt to asset ratio, you are dead man walking. >> steve: that is right. when i was growing up in kansas, some years our farmer friends had a bumper crop and they said, we have to put money aside, you don't know about next year. the worst year in 60 years is right now. one thing that could bail out people who need bread is russia. russia plants wheat and now they have a bumper crop. >> that is exactly right. that is one of our problems here, like louise was saying,

worst crop in reported history and the price is actually going down. the reason why, like you were saying, russia had a really big crop and they are having a fire sale over there to fund the invasion of ukraine. the other thing is ocean freight rates have collapsed. we have american mills in florida that are importing winter wheat like we grow for cheaper. they are getting it from germany and poland. here is poor crop and a poor price. >> steve: sure. as i remember growing up, right about now is when you harvest the wheat, but you've had a lot of rain, you will push that back. louise, you are stuck in the house with that guy sitting next to you for another week or two. >> that is one way to put it. that's one spin, so to speak.

we're still preparing, we have bins to clean, make sure augers are working and walk fields to make sure there is nothing there that is not supposed to be there and just praying, it is okay to stay dry for a little while now. the problem is farmers have weeds coming on in this stuff they cut. weeds and wheat don't work together. thank you. >> steve: weeds don't make a good loaf of bread. vance and louise ehmke, thank you, we're pulling for you. >> thank you. >> steve: all right, something else they have to worry about, tornados. we have fox news weather alert. tornados ripped through nine states, janice dean is tracking the maps and she's coming up next. trelegy for copd.

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>> ainsley: back with a fox weather alert. more severe weather expected today after tornados hurricane-force winds from texas to florida were under tornado or

severe thunderstorm watch. this video capturing the shocking moment, watch this, a man in new jersey is struck by lightning on the left side of your screen. fortunately, he is now alert and talking. janice dean has the fox weather forecast. this is a miracle. >> janice: holy molly, that tells you about safety. severe weather threat today for parts of the plane states to the gulf coast, warm in new york city and very warm across texas. severe storm threat from the plane states across gulf coast to the southeast, much the same scenario we saw yesterday. a multi-day severe threat saturday and sunday. the pattern will shift and you will see threat in the southeast. warnings in effect for louisiana and mississippi and then the potential for lightning and could see hail, damaging wind,

tornado and flash flooding. there is tornado watch in effect for southern alabama toward florida, probably see more watches and warnings and heavy rain cause potential for flash flooding. a lot to unpack. make sure you know what to do if there is watch or warning. excessive heat, it is early for austin and san antonio and houston, with heat index it will feel warmer. what is your name? >> wendy and cam ron from michigan. >> janice: are you happy to be in new york? >> so excited, celebrating my son's graduation from high school. >> thank you, it's been four years, all i can say. >> i'm going to study psychology and music and minor in creative writing. >> janice: thank you for being on "fox and friends." carley, over to you. >> carley: congratulations to him, best of luck.

gop primary field, growing more crowds as miami mayor francis suarez enters the race for the white house. more with his plans. >> i'm running for president because i have a different message than other candidates, i'm generational, as someone who implemented generational change for prosperity in the city. what i noticed, outpouring of support, people want someone to unify them. i was elected by -- iowa and new hampshire, south carolina and nevada, what people want is someone to bring them together. >> carley: the mayor will join us on "fox and friends" tomorrow morning. the white house will use the term maga despite office of special counsel saying karine jean-pierre violated hatch act days before the midterm election. >> we have seen megamaga

republican officials who don't believe in the rule of law. they refuse to accept results of free and fair elections and fan the flames of political violence through what they praise and they refuse to condemn. >> white house released statement to axios saying the main agenda item is maga tax welfare for richest americans and giant corporations. georgia man wins case against facebook. the social media giant terminated his account and refused to help him fix the situation. when the legal team failed to respond to the lawsuit, a judge ordered them to pay the man $15,000. fox news reached out to the company, but have not heard back yet. interesting story. downstairs to you. >> ainsley: thank you, carley.

fox news alert, marine veteran daniel penny indicted, facing up to 15 years for the death of mentally ill homeless jordan neely's death last month. this jurisdiction voted 85% for da alvin bragg and the trial could go either way. former state prosecutor elliot felix joins us now. you are not surprised by this? >> not at all surprised, it is low bar, not supposed to be a rubber stamp for district attorney's office. you only need majority of grand jury to find a crime committed. big contrast with trial, you need guilt beyond a reasonable doubt. >> ainsley: what do you think will happen? >> probably going to be indicted, manslaughter second

degree requires prove beyond a reasonable doubt and unjustifiably risk of death, aware of risk and disregarded the risk. mouthful, the big word is unjustifiable. he will argue, his lawyers will argue his actions were justified and he was acting in lawful self-defense. >> ainsley: all it takes is one juror to say he is innocent and he is off, right? >> that would be a hung jury and he wouldn't be convicted. the defendant does not have to prove his actions were justified, prosecution will have to prove his actions were not justified. what does that mean? say you have a juror who says, i'm on the fence, i'm not sure, i have some doubt. that juror, if following the instructions, would vote to

acquit. >> ainsley: i was talking with a friend who is liberal, she said, he didn't have to kill him. i wonder if the whole jury will feel that way? >> crux of the prosecution, they will acknowledge mr. jordan neely was behaving in a threatening manner and other passengers were scared and will say mr. penny could have chosen less deadly way of subduing mr. jordan neely. >> ainsley: thank you for coming on. >> thank you. >> ainsley: still ahead, new report showing your money going toward coronavirus research in wuhan. plus, the new york mets newest addition to the roster, an 11-week-old puppy who will grow up to be a future service dog and we're going to meet him coming up. subway's still upping their game. show us how stephen. chuck you got to admire belgioioso fresh mozzarella on standouts like the boss.

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>> brian: welcome back, everyone. ahead of secretary blinken's trip to beijing this week, new report revealed chinese entities known for coronavirus research got your taxpayer dollars. nih and international agency gave funds to echo alliance and passed to the organizations. wuhan institute got 1.4 million. through the nih, uc davis received money that ends at wuhan lab for gain of function research in wuhan. duke university, half million dollars alone between these five years and guess where it goes? the military medical scientists, this is army of people's liberation army. biological war fare, wuhan institute could try to get the

next cure for disease or make a biological bomb. why finance this type of research? why a cozy relationship between fauci and the wuhan institute? move ahead and look at what we're looking at now, this is wuhan institute, 240,000 from us over course of 2014 to 2016. $200,000 to wuhan institute and uc davis. look where we are now between our countries. despite poisoning the world with pandemic, nothing but belligerent to us with their program trying to cut us off at the knee with influence around the globe. remember the spy balloon? shot down after traversing every military facility and going across our entire country, even through alaska and they are mad at us for taking it out. how were we rewarded for staying out and let china be china?

they cut off our fighter jet just a couple weeks ago. few days later, destroyer go to the taiwan straits, international waters, it is knocked off course by another chinese ship. that leads us to this. administrator, report out of "wall street journal," cuba in intelligence facility, spy lab is located now in cuba at cost of billions of dollars to cuban government from the chinese. they are now 90 miles off our coast, yet our secretary of state is begging for a one-on-one interview with this counter part, they want to talk. yesterday they were scolded by the chinese, yet we show up anyway. bring in michigan congressman and member of foreign affairs committee john james. congressman, i love talking to

enemies, nothing wrong with that, not under these circumstances. do you agree? >> i agree. we are about averting world war, best way to avert world war to get china to answer for why they put the world in dire straights with the lab leak. way to avoid world war, make sure we're strong at home and restore supply chain by making sure we maintain our manufacturing independence and stop the chinese from coming in here and using entities of concern to take american tax dollars. make sure we are strong and never this vulnerable again and this administration is doing terrible job of holding china accountable. >> brian: congressman, reporting of matt taibbi and michael shellenberg. concluded this lab leak came from a lab and guess who first three to get the virus were? three lab workers.

if they were honest about how they got it and what they were working on, millions of lives would have been saved and world economy wouldn't have been brought to its knees thachl is clear, when will we demand enumeration? >> conspiracy theorists were made fun of, we were questioning the mainstream media and government, that is what we're supposed to do, that is why we have free speech. bill of rights, endowed for this act reason, they told us, made fun of us. i remember tom cotton came out with this, it was called dangerous. we need to continue researching these things and we're not stupid. they think we're stupid, continue asking questions, critically thinking. >> brian: a lot of bipartisan support for taking out china and

people believe we should decouple. one who doesn't believe that is secretary of treasury janet yellen. listen. >> it would be draft rus to attempt to decouple from china, derisk, yes, decouple, absolutely not. china benefits from purchases from us and we benefit from our ability to export from china. >> brian: they make batteries, solar panels, ppe, pharmaceuticals, that is the risk under the definition. how do you feel about that? i know it would be too hard to decouple abruptly, shouldn't that be the objective? >> the objective should be independence, american people should never be dependent, we must be independent, strong at home first. but just like my wife is a

strong, independent woman, we are in a relationship because it is better. i believe that we need to make sure we maintain our independence, stay off world war and make sure america first is the choice for the entire world. pick our goods first. make things here and export cleanly. make sure we maintain peace through strength. >> brian: are you derisk or decouple? for derisking or decoupling? >> i'm derisking, make sure we repatriot supply chains, i represent number one manufacturing district in the world and we should be buying american made goods first and make the world buy our stuff. >> brian: pay more to have security insanity. thanks so much. straight ahead, mets adding bark to their park with their new puppy ceiver, how he is helping. and news with dana perino.

have you worked on anything for the show? >> bill: we are cooking things up just for you, brian. good morning. waiting on the supremes, get student loan decision today. subway charge major story, speaks to things in america, we'll get to that today. don't look up, how close a massive asteroid could come our way. the republican field expands again and a cop in california has seen drug and homeless epidemic collide and has a solution. we'll talk to him. important stuff, see you top of the hour. we'll join you then.

>> steve: welcome back. here in new york, a new star in the mets baseball club house, the team is partnering with america's vet dogs to raise a future service dog for a veteran or first responder. >> ainsley: so cute, look at this guy, 11-week-old ceiver is taking over for shea, who has returned to vet dog headquarter to finish training. >> brian: ceiver joins us now along with his handler tom and john miller, from american vets. how did this partnership come about? >> we've been working with the

mets for a year, this is their second dog. the cohen family and everybody bought into our mission. shea was a star, ceiver might be a bigger star. >> steve: we just saw ceiver with shea, the retiring service dog, now shea has gotten to the point to be placed in somebody's house, right? >> right. he is getting formal training, we will have a big ceremony at the stadium. >> steve: with the recipient? >> yes. >> brian: how do you go about train something >> we get the pickups at eight weeks old and keep them frl they are 14 to 18 months and give them back to the foundation for formal training where shea is now. our biggest thing with the puppy at 11 weeks is house manners, teach him to be calm pup and more task and training will occur as the months go on.

>> ainsley: john, this is awesome. not only are you doing something for a veteran, he will help a veteran that fought for our country and has disabilities. you got the fans involved, they named him after shea stadium and ceiver. the fans will see him on the field and be able to -- >> he'll be at batting practice, in the stands, he will have paparazzi around him. >> steve: he has a police escort right now. [police siren] >> steve: janice will kid nap him. tom, after our kids went to college, my wife said, let's raise a puppy for a service dog, i said, great idea temperature is a lot of work, isn't it? >> it is. we get them eight weeks old and have them 14 to 18 months and give them back to the

foundation. >> ainsley: i grew up with black labs, they settle down after three years. you raise them during the hard time and you have to give them up. >> it is fun and joyful, we give them up for formal training, it pulls at the heart strings, it is for the good, for a vet with a disability. >> ainsley: eaten your sofa yet? >> early training part is making sure he has good house manners, etcetera and we'll work into more public settings. >> brian: mets won last night in 10. >> ainsley: look how big he's going to be, he has big paws. isn't that how you determine? >> brian: for information, visit vetdogs.org. >> steve: thank you very much. sit, ce ceiver, sit.

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>> all right, once again if you would like to help, go to vet dogs.org. thank you very much. good luck. >> stay within yourself. >> on at 8:00. >> bill: they are saying this is a potentially hazardous asteroid about to buzz planet earth. nasa is keeping an eye on it called 2020db5. it is 1600 feet long, about the size of the brooklyn bridge and just hours from now that asteroid will be within 2 1/2 million miles of us on planet earth. we're watching it. so is nasa. we'll keep you posted. first, however, in the skies last night dangerous storms in the deep south, outbreak of severe weather putting millions on alert. a rare