bi >> celebrate this summer this year p special proud american gear now available on the fox news shop. >> that's right. the collection includes items like we're proud american t-shirt. towel that brian has and these clogs. >> nice. >> dana: those clogs, ainsley, a big day in the daniel penny case. prosecutors indicted him in the choking death of jordan neely and we're about to find out what the charges are when they are unsealed during the arraignment moments from now. we'll have complete coverage ahead. first this. new hunter biden text messages show the president's son pressuring a chinese energy company for tens of millions of dollars. i'm dana perino. bill hemmer is off today. my other bill is here today. >> bill: i'm bill melugin and this is "america's newsroom."

the whatsapp messages date back to 2017. what they show is hunter biden writing to a chinese energy official saying i can make $5 million in salary from any law firm in america. if you think it's about money, it's not. the bidens are the best at doing exactly what the chairman wants from this partnership. >> dana: republicans say the chairman is a chinese oil tycoon and that guy has since gone missing. meanwhile the i.r.s. agent who blew the whistle on the hunter biden tax investigation is talking. he said investigators gave hunter special treatment. >> bill: the agent is trying to expose corruption. >> because every taxpayer deserves to be treated fairly and it was my oath of office to make sure that happens. >> bill: "new york post" reporter john levine is here but

first david spunt at the justice department. good morning. >> good morning to you both. several key points in this new interview between bret baier and gary shapley, the i.r.s. supervisor special agent who is the whistleblower and confirmed and insisted that david weiss the u.s. attorney in delaware, trump appointed u.s. attorney in delaware said privately several times behind is scenes he was not pulling the strings and not in charge. it directly contradicts what garland has said for a year that weiss was in charge. shapley said weiss insisted he was not calling the shots. watch. >> i had him repeat that because i knew how important that fact was and i wanted to make sure i understood it. >> you were there and remember crystal clear in your mind. >> not only do i remember it crystal clear but i documented it. >> documented it in an email

that is an exhibit. he also recalled two search warrants executed on pry or -- properties connected to hunter biden but prosecutors began to get cold feet. >> between april and june of 2020 we drafted an affidavit to execute a search warrant. a couple different locations. the prosecutors at the time stated that probable cause had been achieved but as we moved closer to the election, it seemed like they kept putting it on the back burner and didn't allow us to do the search warrant . the legal requirements to execute the warrant were met. >> he said he comes to the political with no agenda spoke up because he saw of backtracking. the plea deal is out of his control and he can't do anything about it. 1 of 2 whistleblowers. the other one worked under him and wants to remain anonymous. his attorney is calling him mr.

x. tune in on special report 6:00 p.m. eastern for more of bret's interview with shapley. >> bill: a.g. garland saying one thing. whistleblower saying something else. >> dana: let's bring in john levine. one of the messages that came out about the chinese associated. i'm tired of this, kevin. i can make $5 million from any law firm in america. the bidens are the best as doing exactly what the chairman wants from this partnership. let's not quibble over peanuts. >> bill: that's a very disturbing email. certainly the money involved tracks with what we know hunter biden received and his family from foreign countries, house oversight committee revealed 10 million to many different llcs. the most disturbing thing what you read the bidens are the best at doing what the chairman wants. what does the chairman want? what bidens are we talking about

here? that individual is a man named ming, a chinese energy executive. a big tycoon in the country sitting in a chinese jail cell since 2018. no one knows what's happened. >> dana: what were the said reasons. >> bill: corruption. the fact of the matter is the first thing i was thinking of today is what information does this man have that the chinese can now extract on hunter and potentially joe biden? i don't know. i.r.s. whistleblower says hunter biden was writing off as business expenses prostitutes, travel for them. sex club memberships and hotel rooms for drug dealers. a couple misdemeanors and pre-trial diversion. what an average joe get that? if you tried to write off prostitutes and drugs you would probably get a stiffer sentence and even shapley said if you are a small business owner or any other american no way you would get away with crimes like that. >> dana: let's listen to more of gary shapley.

call for number five about the plea deal. >> there is still outstanding tax due and owing above that 620,000. because of this deal they'll never recoup. the most sub staetive felony charts were left off the table which would have been evasion, false return for 18 and 2019. >> dana: evasion in 14 as i learn more about this goes back to 2014, the vice president was there and yet still we also have the vice president saying that he did not talk to his son or have they changed that language a little bit? >> bill: it's interesting. forever you'll recall they said joe biden has never had any involvement in his son's business dealings. if you listen to the press secretary it's starting to be like i was never in business with my son. that's different than i've never had any involvement. or never talked to him. the goalposts are slowly changing. i think it's very important for listeners and people following the story to keep track of how

the language of their response changes over time. >> bill: we just heard david spunt talking about it. garland is saying the u.s. attorney weiss had full discretion to prosecute however he wants. the whistleblower said that's not the case. somebody is lying here. >> someone is lying and committing a crime because it's a crime to lie in a federal whistleblower complaint. garland made many of his claims about weiss's prosecutorial freedom when he was under oath. someone committed a crime. they have to come under oath, both of them saply and weiss and garland and put their cards on the table and say what they know. there is probably a paper trail. if weiss tried to bring charges in other jurisdictions there would have been some official paper. where is that paper? we need to see the receipts here. >> dana: "new york times," call for two.

"the new york times" basically look at this web scroll here. you get this article and you get all the way down to page 21 where you find the whistleblower claims and then look at this headline from "the new york times" today. hunter biden isn't hiding even some democrats are uncomfortable that his public appearances come across as a message of defiance by the president, determined to show he stands by his son. it also insures, john, that the democrats are going to have to continue to talk about it. they thought last week, plea deal done, nothing more to see here. it seems to me the story has grown since then. >> even in the best case scenario of everything we've seen so far hunter biden is a tax criminal and you see it at state dinners and public emotion brailles by the white house and questions whether the president of the united states should be publicly associating with such a person even if it is his son. >> dana: it is his son and they'll stick with that. you know, i think it's a difficult position for the press

secretary to be in as well. that relationship is super tight, it should be. so what is she supposed to do? we'll be watching indeed and reading all your work and your posts. thank you for being here today. >> bill: extreme weather sweeping across the country. severe storms disrupting nearly 9,000 flights this week. this is newark airport. already today 69 outgoing flights have been scrapped. nationwide hundreds of flights canceled today. if you are traveling this holiday weekend make sure you're prepared. airports across the country looked like earlier this week. look at those lines. people stuck in those long lines waiting for flights that never took off. i was one of them. mine was canceled. >> dana: in the south millions of americans are bracing for record high temperatures for the second straight week. several states expected to reach triple digits today. humidity is making it feel even warmer than that. fox news senior correspondent casey stiegel live in dallas.

what does it feel like? >> it's getting pretty warm as the sun is starting to come out. now the heat will be on the move, by the way, moving further north into the central plains and also off to the east in the middle to lower mississippi valley and the lower tennessee valley as well. there you see the impacted areas on the map. an estimated 70 million americans under either heat advisories or warnings of some type. record temperatures expected in at least seven states just this week. that includes spots like memphis, tennessee where more than 37,000 people are without power due to severe storms that swept through this past weekend. also the same story over in neighboring arkansas. more than 13,000 outages reported there after powerful storms knocked many off line. texas, however, remains the epicenter of these blistering and down right dangerous temperatures in laredo the

medical examiner saying at least nine people have died from heat-related illnesses over an eight-day period. >> we don't see this in our county. laredo knows heat and we know heat and i think our county was caught a little off guard. this is the unprecedented temperatures here. >> the unseasonably hot weather putting strain on infrastructure as well such as power grids and those transmission lines with demand for electricity through the roof as folks crank up a.c. for relief. a recent study commissioned by the u.s. department of energy shows 2/3 of america at an elevated risk for electricity shortages this summer if this extreme heat continues and for extended periods of time. dana. >> dana: casey stiegel. do what you can to stay safe, everyone. thank you. >> bill: this is pretty

stunning. listen. in the state of florida at least 11 people have been killed in less than two weeks by riptides along the gulf coast. the sheriff blasting beach goers who he says are ignoring the warnings about the rough water conditions. also where form he nfl quarterback drowned yesterday swimming at a beach in destin. first responders arrived to the scene after a group of people were struggling to make themselves to shore. mallett was one of the victims but it was too late. he was a big star at the university of arkansas. >> dana: brand-new fox news power rankings. what they reveal about republican chances of flipping the senate. >> bill: the enough policy at the border prompting a visit by the president's drug czar. >> dana: democrat run city forcing students to give exercise on mindful breathing. is that really a top priority? ♪

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>> bill: welcome back. president biden's drug czar is scheduled to visit the southern border tomorrow where he will tout new hi-tech scanners at checkpoints supposed to help agents inspect vehicles for narcotics and other illegal

drugs like fentanyl. cbp says it seized nearly 20,000 pounds of deadly fentanyl at the border this year alone. ten times the amount they seized back in 2020. so take a look at this map right here. you can see how fentanyl enters the united states from mexico crossing through the southern border and extending its deadly path to states as far north as illinois and new york. it is all over the country. dana, i was down at the border a couple days ago in eagle pass, governor desantis. he wants to use deadly force against cartel operatives coming through the border wall and pitched doing a naval blockade of mexico to stop the fentanyl coming in. a little of what he had to say monday. take a listen. >> the end of the day a country has borders and borders matter. and you either enforce those borders or you are not a country. and we've not done a good job of that lately and we will have a new sheriff in town on

january 20, 2025. >> dana: i'm curious. a lot of local people in the audience listening to him. what was their reaction? >> bill: they loved what he had to say. he is running to the right of trump a little bit. he wants to dep yu advertise state and local law enforcement to allow street cops to deport people and use deadly force for people cutting through the border wall. he has to get through donald trump and trump has made his campaign a lot about the border like he did in 2016. >> dana: even in texas up by 25 points over ron desantis. desantis looking for a break-out moment. immigration might be it. we'll monitor that and all things for democracy 24. >> bill: exposing how vulnerable democrats are. republican candidates need to flip two seats to control the chamber. best pickup opportunities believed to be montana, ohio and west virginia. joining us now for more josh

kraushaar the editor in chief of jewish insider. out of those three states i just mentioned where do you see republicans having their best chance of a senate pickup? >> i think the best opportunity is west virginia which is a state that trump won by over 35 points and joe manchin hasn't decided whether he is going to run for re-election. look, joe manchin, after joining with president biden to sign that inflation reduction act, his poll numbers have dipped considerably in west virginia. so even if he did run he would be in for a tough race against the sitting governor, jim justice, who is very popular in west virginia and is the likely republican nominee who already in all the public polling of that race is ahead of senator manchin. >> bill: what are your thoughts on arizona? kyrsten sinema left the democratic party and hasn't decided if she will run for another term. is that a spot where republicans could pick up another senate

seat? >> it is one of the most entertaining races in the country because we don't know if senator sinema is going to run for re-election. but if she did, she would threaten to divide the democratic vote in arizona between herself and congressman who is already running winning over a lot of democratic supporters and an issue in arizona, a major, major issue in republican primaries about getting someone who is electable and win over independents and suburban voters. arizona is republican leaning but democrats have scored a bunch of victories there lately. getting someone who is more mainstream and appeal to moderate voters will be crucial for their chances of flipping that seat as well. >> bill: republicans going to be trying to focus on flipping the senate. the house they will have to play defense on. they have a slim five-seat majority and vulnerable seats.

one santos in new york. showing him at an 8% approval rating. what do you see happening in the house? >> look, i think the big challenge for republicans is that a lot of their majority makers, the folks that are giving kevin mccarthy the speakership, are republicans that won in parts of the country like new york and california in districts that president biden carried by comfortable margins in the last election. so look, if you have trump at the top of the ticket hypothetically against biden and you have these blue districts in california and new york that republicans hold, it will be a challenge for republicans. you could have a scenario, bill, where republicans are favored to win the senate back but they could lose the house majority given the map and where the vulnerable seats lie. >> bill: given the kind of dynamic between donald trump, ron desantis, some of the other people clawing for a piece of the pie, when it comes to the

gop primary now who do you think gives republicans the best chance to flip the senate and hold the house in your opinion? >> as far as the senate goes, i think even anyone at the top of the ticket would give republicans a good chance to win the senate. after all, the three seats that are very, very vulnerable for democrats are in states that donald trump carried. i think any other republican running for president probably would carry those states as well. i think it gets more complicated in the house. trump would be a big problem for republicans trying to hold that house majority because in many of those key districts his numbers are well under water. someone like desantis or certain life tim scott or nikki haley would be much more appealing to those independent, swing voters very much in play in the battleground districts. >> bill: good time to point out fox news hosts the first gop primary debate august 23rd at

9:00 p.m. fireworks there. thank you for your time this morning. talk to you soon. >> thanks, bill. >> whether it was in war or business i see problems and solve them. our campaign is about service, god and country, not politics as usual. >> dana: veteran tim sheehy hoping to flip one of the vulnerable blue seat to oust tester from the senate seat saying it's time for a generation of new leadership. thank you for being here. for people who are just meeting you for the first time. tell us about your background. >> thanks for having me, dana. i was proud to serve in the military, navy seal officer, my wife was a marine. we met in the military and served together. did several tours in iraq, afghanistan and elsewhere. i was wounded and we do businesses here in montana. we have one of the larger cattle

feeding operations in the state as well. blessed to serve our country on the field of battle and helping to grow jobs here in america. >> dana: one of the things that montana is looking for is help on the gdp front. compared to the united states which grew at 2.6% in the fourth quarter of 2022. montana lower than that. can they do better? >> we have a fantastic governor and montana people are pro-business people. they want more jobs and growth. they are ready for a new generation of leaders in washington. >> dana: you picked up three big endorsements on the senate side. you just got started. senator blackburn of tennessee, senator cotton of texas and daines of montana. he is heading up the national republican senatorial committee. what was it that convinced you to go ahead and do this? you have a busy life, young

family, a good life in montana. why run for the senate? >> it's about service. as a leader on the field of battle you have to figure out where you can be at the point of greatest impact as a leader. sometimes on the trigger and the radio. small business owner sometimes you have to be in front of customers selling, sometimes to be sitting and going through numbers. put yourself at the greatest point of impact during the mission. and as an american citizen right now our nation is facing serious challenges. southern border, deficit, inflation and education system we have serious challenges and need serious people to solve them. when your country calls and needs you, you have to answer. >> dana: before you take on jeff tester. election results over the past cycles. he wins that election by 3 1/2 points, which is not too bad.

but the republicans do think he is vulnerable especially as things have shifted a little bit in the state and demographically as well. but before you get to take on john tester you have to get through a republican primary. matt rosen dale is mulling a bid. do you think the primary could get aggressive and nasty as you try to win this primary? >> well, we don't have any other declared candidates yet. matt is our house representative and hope he continues to do good work there. it is important we hold the house majority. it's a tentative majority and we need to be focused on the senate race to flip the seat and retire tester. i hope it stays that way. i can't predict what will happen. what i can tell you as you mentioned john tester has been a venerable candidate and won a lot of races. a lot of folks say montana has gotten redder. i think it is still the same. what happened is the democrat party has moved left very

aggressively in the last few years and during covid laid the vision bare for the country. it was clear it was about inflation, open borders, government control, telling you when your kids will go to school and what they learn, when you can leave your house and go to work, whether you get a paycheck or whether your business is on en or closed. that doesn't align with montana. they don't want more government in their lives. three years the democrats have made very clear that more government is their policy. >> dana: your company is actually -- the company you started, your planes are in quebec right now fighting wildfires so people in new york don't have to get air quality alerts that we're all dealing with today. just a quick thing about the importance of dealing with that issue. >> it's critical. forest management has to improve. a lot of it has to start locally. our planes are helping canada battle their blazes. we have to take control of our forests and natural resources

back to local offices and governments to control them as they know best. >> dana: thank you for coming on the show. >> thanks. >> bill: a big update looming in the subway choke hold case. charges against the marine veteran about to be unsealed coming up next. a side effect from america's fastest growing sport, the problem with pickle ball. and get cash? here's a great way to do it. the newday 100 va cash out loan. at newday, our veterans on average pay off $44,000 of high rate debt, take out $28,000 cash and can lower the monthly payments by $500. use your va benefit at newday right now and get the financial peace of mind you've earned with your service.

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>> bill: welcome back. it's crunch time in the daniel penny case. criminal charges against the marine veteran in the choke hold death of jordan neely on the subway are about to be unsealed in miss arraignment. a live picture outside the courthouse waiting for him to show up. bryan llenas with the latest. >> good morning. daniel penny will be arraigned for the second time in as many months at 10:00 a.m. this morning at manhattan criminal court after a grand jury two weeks ago indicted penny on

second degree manslaughter charges for the choke hold death of jordan neely on board a new york city subway train on may one. if convicted, penny faces up to 15 years behind bars. now the indictment is sealed. but the "new york post" reports penny will face an additional charge today of criminally negligent homicide which has a maximum penalty of four years. in court today a judge will read the charges to penny and the 24-year-old will enter a guilty or not guilty plea. penny is free on $1 hundred thousand bail. his bail terms could be reconsidered today by the judge. we should also get a trial start date. penny has made the case he was a good samaritan acting in self-defense when he put neely in a choke hold admitting he and other passengers were scared by the homeless man's verbal threats. manhattan district attorney alvin bragg charged penny 11 days after neely's death after days of protests.

>> it is being driven by the manhattan district attorney. this was a person looking to assist people that had their safety placed in danger. this is a miscarriage of justice and he is being persecuted in the court of public opinion. >> now it's a point worth repeating the jury pool will be made of new yorkers who take the subway every day. a spree of high-profile violent crimes on the subway including a 24 hour stretch this weekend where a woman was stabbed, a man shot in the thigh and a 15-year-old was stabbed in the hip. >> bill: a lot of crime on the subways and with the new charge it would appear if convicted on both he could face up to 20 years behind bars. we'll keep up the live picture as we wait for him to arrive for the arraignment and unsealing of the new charges. >> dana: let's bring in retired inspector paul mauro and defense attorney jonna spilbor.

we heard from penny earlier this month. let's listen. >> the three main threats he repeated over and over i'm going to kill you, i'm prepared to go to jail for life and i'm willing to die. some people say i was trying to choke him to death. which is also not true. i was trying to restrain him. you could see in the video a clear rise and fall of his chest indicating that he is breathing. i'm trying to restrain him from him being able to carry out the threats. >> dana: what happens today and what about this additional charge? >> so the distinction here is between intent. the top charge is manslaughter charge. the standard there is recklessness. it means okay, you saw the risk and you just ignored it. the lesser charge is the negligence charge that we're talking about today that has been added. negligence means you didn't see the risk but you should have. it is a lesser version of the same charge. he is getting arraigned on this indictment. the indictment says they went for the top charge, the manslaughter charge. alvin bragg is all in on this.

they aren't backing down. daniel penny is very unlikely to back down, either. what this means is we're at the start of what will be a narrative that will capture this city going through the summer into autumn. i think we're headed to a trial. >> bill: do you think the video helps or hurts him in this case? >> it cuts both ways. i think what's going to help him more than the video -- the video shows what he did. what will help him more are the witness statements. i don't know how many other eyewitnesses the prosecution or defense have collected who are going to corroborate the reason abness. that's what will make or break this case. whether or not he had a reasonable belief he was in harm's way and acted reasonably on that belief. the more people that say we were in fear for our lives. when somebody says i'm going to kill you, you are allowed to take that person at their word. that's what penny did and that will help him more than the video in my opinion. >> dana: we haven't seen the

toxicology report of neely, is that correct? >> we have not. that could be significant. another video has emerged bouncing around on social media of the dead man in this case, jordan neely, acting out on the subway prior to this incident and reportedly the same day. he does look like he may be under the influence of something. i go back to the case of eric garner in the city where we had an incident where it was the police that time tussling with a man who goes d.o.a. and that cop does not get indicted. one of the reasons was all the contributory factors. he had asthma, etc. if the toxicology report reveals the victim in this case, jordan neely, had a significant amount of toxin in him that could be a factor that weighs at trial as to whether or not the accused in this case, daniel penny, really should be held accountable. >> bill: i want to pivot to the

kohberger case out of idaho. the judge in the case has some rules on allowing cameras in the courtroom specifically with kohberger's face. >> the cameras discontinued to focus on the defendant, don't do that. make sure that we just have the totality of what is happening in the court and not just focus, for example, on mr. kohberger's face. >> bill: why does he not want the focus on his face? >> it's odd. there were reports that people were calling him sinister because there was so much camera action close up on his face. that's the court of public opinion. the only court that will matter are the juries that will decide his fate and they will get a full view of the courtroom and not just his face. he is bending over backwards. i don't think it will matter. >> dana: what about the defense in idaho saying they need more

time and trying to delay? >> very clearly the defense here is casting around challenging everything. they even want to challenge the indictment itself. very unusual. they are looking through all of the evidence, and there is a ton of it to make a collateral issue. the case is strong. you have all this dna. the dna that comes from the inside of his cheek, one in octillion chances it is not him is more than the grains of sand on planet earth. she is looking around for a theory. you put procedure and cops on trial. she is asking for records of the police, challenging everything and looking for a way forward. >> dana: great to have you both here today. daniel penny due in court this morning. >> bill: that's not a number i've heard for a while. wagner's leader arrives in belarus. will his forces surrender their

weapons on the russian battlefield? we'll talk the big picture with retired general jack keane coming up next. there is also this. >> will you be talking about the uighurs in your campaign? >> the what? >> the uighurs. >> what's the uighur? >> bill: republican presidential candidate francis suarez drawing a total blank over a question about a persecuted minority group in china. will this gaffe doom his chances for the nomination? stay with us. start right here on our family's cotton farm in north alabama. the heartland of america. we rely on hard work and honest manufacturing to deliver high quality, heirloom inspired bedding, bath towels and more, all made in the usa. experience the farm to home difference for yourself. go to red land cotton dot com and receive 15% off your order with code fox news.

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>> dana: a jet believed to be carrying prigozhin landing in belarus yesterday. the question now will the wagner troops surrender by the july 1st deadline? let's bring in general jack keane. apparently there is room for 8,000 of these troops in a camp. but putin also says you could go home if you want. >> yeah, i think there is some unknowns certainly. what happens to the wagner group. most of them actually, dana, are in the donbas region of eastern ukraine where their support structure and military bases are. only 1 or 2 percent have taken

an offer to become a part of the ministry of defense and join the russian military. i doubt many will do that. i mean, they are going to be paid considerably less. the leadership is not what they are used to and also the performance is considerably below what they are used to, which would increase the risk of their life to be frank about it. they could retire or go home as putin has suggested, but also there are other private military companies in russia, not of the stature that prigozhin was able to establish with wagner, but likely some of them would want to recruit these members of the wagner group because they are a proven commodity. they may not pay them as much but more than the ministry of defense. that's an unknown in terms of what's happening here. those are some of the options. the russian military will take heavy equipment away from them and extinguish them as a

military organization. this is tanks, artillery, they have airplanes themselves, fixed wing and helicopters. the other issue with them is they really had quite an impact in africa. they were an extension of putin's foreign policy particularly in central africa, central congo region and also in mali. so much so the french departed mali because of the influence wagner obtained in that country. that will be a loss for putin. whether he can recreate that is another matter. when it comes to prigozhin i think in the near term he is fine. he has his own security there. i'm assuming they're very competent. i don't think it's in putin's interest to take his life as many people are talking about in the near term. that would just make a martyr out of him. he has a certain following on the internet and social media in

russia because he is the only person of any consequence that criticized the war and blamed it largely on the incompetent leadership in the ministry of defense. so i think -- the other thing, is he really going to stay in belarus? and what will his voice be? he has had a very loud voice about the war. will he stay quiet, preserve his own life or will he continue to be a critic? these are unknowns. >> dana: all right. general jack keane. thank you so much. we have breaking news now. leave it with you there and get everybody to the new york courtroom where daniel penny is arriving at the court for his arraignment. we do know that there is an additional charge of negligent homicide. he has just walked into the courthouse there. paul mauro and jonna spilbor with just with us and bill melugin is here. as paul mauro said the story has captured the attention of all of new yorkers. if you live in new york or

follow the news here in new york, you know that our streets and subways have been under incredible strain because of crime and a lot of people like jordan neely, the victim in this case who did die on this day, we don't have a toxicology report yet. we know he was on the top 50 list that police were watching and arrested 44 times. daniel penny himself says that neely was threatening people on that subway car saying he was willing to die. he didn't care if he died. he was screaming at women and children and daniel penny did put him in the choke hold. we haven't seen all the different video that we expect to see. today is an arraignment and bill melugin weigh in if you would like. the arrival of daniel penny at the courthouse this morning. >> bill: we expect to see him any moment. the second arraignment. a lot of people who live in new york who experienced crime on

the subway with sympathize with him and a lot of people have seen the video. does it help or hurt him? it shows him with his arms around jordan neely's neck. he insists in that video he was defending people on the subway and you can see neely's chest going up and down and he said he was just trying to restrain him. he is facing a charge of second degree manslaughter. according to the "new york post" they have added a lesser charge on of negligent homicide. the first second degree manslaughter charge looking at the potential for 15 years behind bars if convicted on that. the second lesser charge about four years. you look at potentially upwards of almost 20 years of your life behind bars if you are convicted on all of this and they go for the maximum here. again what we're waiting for is daniel penny to arrive. we were told he was walking into the building a couple moments ago. the media stationed waiting for him to come around that corner. we expect that to happen any

minute. a big day for him and might be a time when we get more details when the new indictment is unsealed. >> dana: we might get a little more information on bail as well that might be revisited. a quick break here before we get more information. we're monitoring severe weather around the country as thousands of flights are grounded or delayed. we'll be right back. car loans can be expensive and the payments high. consolidate that car loan into a newday home loan and save hundreds every month.

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>> bill: welcome back. breaking news. daniel penny arriving in court for the death of jordan neely. penny has entered a plea of not guilty on the charges he is facing. that would be second degree manslaughter and lesser charge of negligent homicide. 15 years if convicted on the first charge. four years if convicted on the second charge. you see him arriving in court. he has entered a plea of not guilty.

more on this as details come in. >> i'm so mad i'm trying not to explode. >> they just told us it was delayed. they delayed it and delayed it and eventually at 4:00 a.m. they said it was canceled. >> dana: millions of travelers are facing widespread disruptions at airports across the country. severe weather causing delays and cancellations leaving many passengers stranded. welcome to a new hour of "america's newsroom," i'm dana perino. bill hemmer is off and i'm glad bill melugin you made it here, right? >> bill: after my own flight cancellation earlier this week. great to be with you. airport delays building rapidly today all over the country with storms moving across the midwest and northeast as we approach the busiest travel weekend of summer. flight aware misery map showing hundreds of delays and cancellations today since 7:00 a.m. more than 2,000 since