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♪ ♪ >> sandra: okay, so fox news alert here top of the hour, it federal reserve interest rate decision is imminent. we are watching markets seem to be looking for direction, searching for, okay, fed cuts by a quarter-point, toy five basis points. this was definitely expected. the markets were definitely expecting, the fed watch tool on the cme group w website was sayg 99% chance it would be a quarter-point cut, but still this means interest rates will continue to go down, john, remember the entire reason the fed had to raise those interest rates that has affected everybody's money was to tame inflation, and so they got to a certain point where they decided there was some pain to the economy where they could start cutting rates and that's what's happening. >> john: a lot of speculation as to whether or not trump with the jerome powell in place at the fed once he takes office, seeing some reporting that he will leave him there, but i

guess the final decision likely hasn't been made, but with inflation on the way down and interest rates on the way down, maybe the best change is no change. >> sandra: can we pop the dow up real quick? it was about flat, look at that. what's interesting, hold on, is this still reacting? because the s&p 500 says it's up 36 points. watch this for a second. okay. >> john: i would imagine since the betting was 99% that there was going to be a quarter-point rate cut that that's already factored into what we are seeing. >> sandra: okay, all right. anyway, yeah, looks like the dow is not really reacting, so maybe wanted more, maybe it had already priced this in, john, and some sometimes that's just the case. >> john: we are going to be talking more about all of this and the way ahead in terms of the economy, interest rates, tax cuts, with ken coleman from the ramsey show. that's just ahead. >> sandra: i love it because the number one question i get when there is a change to interest rates is will i feel

this? we will ask him. all right, live look meanwhile at the white house briefing room where karine jean-pierre is set to speak for the first time since president-elect trumps sweeping victory. we expect she's going to get some questions about that, first briefing since the election so we will be watching for that when it begins, john. >> john: what does it all mean for president biden's legacy and does the white house see tuesday as a rejection of president biden's policies? the president addressed the nation a short time ago, here is part of what he said. >> you can't love your country only when you win. you can't love your neighbor only when you agree. something i hope we can do no matter who you voted for is see each other not as adversaries, but as fellow americans. bring down the temperature. >> sandra: hello, and welcome everyone. i'm sandra smith in new york. we are all feeling it. it has been a week, john. good to be with you. >> john: wouldn't it be nice

if somebody brought the tip richard down after the president was one of the people who seemed to be cranking it up? i'm john roberts and this is "america reports" come even as president biden calls on americans to turn down the heat it doesn't seem to everyone in his own party is listening. some democrats already vowing to bring back the resistance. >> if you trying time try to harm new yorkers a roll back writes, i will fight you every step of the way. new yorkers are resilient, we fought the first time around and we will fight again. >> we have based this challenge before, and we used the rule of law to fight back. and we are prepared to fight back once again. >> i worry that donald trump is more emboldened than he has ever been. and that a second trump presidency is likely to be more vindictive than the first. >> sandra: our all-star panel of sean duffy and pry

brian kilmeade are here. >> john: senior white house correspondent peter doocy is live on the north lawn. speed or? >> john, just like every transition, two days and, we are see the push and pull of presidential authorities, donald trump and his team do not yet have the resolute desk but they are down in florida working on executive orders for day one. >> so we want to go necessarily put over/under but i think you can see with specifically when we talk about the border and with the energy exploration, he will be ready to go literally on day one, with many of these, but i wouldn't want to say the exact number because they are not all necessarily weighted equally but the bottom line is he is going to move quick. >> that's why jen o'malley dillon, the harris campaign chief, is telling dems the work of protecting america from the impact of a trump presidency starts now. that's got president biden insisting he actually set in motion plans and projects that are already working, they might just take a couple of years.

>> it's been a historic presidency. not because i am president, because of what we have done, what you have done. the vast majority of it will not be felt, will be felt over the next ten years. we have legislation we passed that's just only now really kicking in. >> and so, as there is talk about trump-proofing the biden administration's accomplishments, president biden is basically tearing republicans to try to do that, suggesting that it is going to take a long, long time. back to you. >> john: peter doocy for us as we await the white house briefing. sandra? >> sandra: two months until inauguration day which means the trump team is busy at work reviewing names for key cabinet post, one name for poorly being floated for a role as florida. >> secretary jean-pierre: senator marco rubio. senate intel committee chair. thank you so much, senator, great to see you. are you up for that job? have you heard anything?

speeder like anything that happens under any trump administration there's one person will make those decisions in his name is donald trump. he has been focused on winning an election, not what is going to happen next. he has a great people working on that, the answers i don't how to talk to him about any of that but obviously, we now enter into spec elation. i know i am in the senate and i will be ready to work and get a lot of good things done. the other stuff, he's got to make great choices. picking j.d. vance turned out to be a fantastic pick. he had really good people working within the first time and he is good people working on it now and when he focuses in on it, as i imagine he is starting to do, we are going to start getting those decisions, and i'm going to be working with him one way or the other. >> john: all right, we will keep on following that as we play the washington parlor game of who is going to be in the cabinet and who is not. you probably heard peter doocy's report just a moment ago about the rise of the resistance, kathy hochul, letitia james, gavin newsom out in

california, called a special session of the legislature to try to trump i can prove california. i feel like i am watching a "star wars" movie here. resistance is gathering against a trump presidency. what does he need to do, senator, in order to govern effectively, because he is going to have all of these people try to upset the apple cart. >> senator rubio: first of all, resistance to what? resistance to what the american people just voted for? in the history of the republic no candidate for president has been clearer about what they're going to do in the simplest language possible, going to secure the border, bring down prices for energy and other things in america, and going to make us strong in the world so that we don't have a war. he has been very clear about this. i mean, no one has been more explicit and people voted for that overwhelmingly. this is a landslide, and electoral college landslide, won the popular vote, even in states he didn't win, virginia, new jersey, these are states and became more competitive, even the state of new york was more competitive, so what are they -- a resistance to the american people? this is their attitude, their

attitude as you guys are a bunch of dummies, we are really smart people, we know what's best for you, you don't even know what is best for yourselves, and that is why they lost this election and that is by declan to getting to lose elections as long as they adopt that attitude, a resistance to what? you played earlier clips of attorney general in new york, the mayor, as well, the governor, as well -- these are just democrats policies that sense opportunity. their party is down, this is a chance for them to step up and make themselves the face of the future of the democratic party, but i keep asking, they were resisting what? they are a resistance to the american people that just voted donald trump into office overwhelmingly. >> sandra: senator, it has been a while since we had you on and had the chance to chat. this is obviously a couple days after a very historic moment for the country. how would you describe this moment for your party? >> senator rubio: well, the republican party has fundamentally been remade in a very positive way. it reflects a multiethnic, multicultural coalition of americans, united by that. i think it is an example that

our primary identity as people is not our ethnicity or our skin color, okay, it is the fact that we are mothers and fathers, that we are small business owners, that we are workers and employees who work for wages who have to pay bills, want their kids to have a better future, that are struggling with the cost of housing and everything else, who are worried about some war breaking out that might suck their children in, into serving in combat, who are worried about these things very deeply -- and by the way, in hispanic communities in particular, deeply worried that some criminal from somewhere in the world get into this country illegally and comes to your neighborhood and murders someone that you love because it's happened, and that's the neighborhoods that many of them are going to periods of republican party now reflects this governing coalition for the country. now we have to make that, turn that into action, that helps you win an election, now you have to do the things that respond to why people voted this way in the first place and if you do that i think it helps not just strengthen the republican party, i think it gives us a governing coalition that starts to break some of the gridlock that has

kept us from doing things, meaningful things for our country in a long time. but that's the opportunity. we got to go out and do it, right? but i feel good about it, but now we've got the actual work to do. >> john: to your point about the republican party growing the tent, a couple of things i wanted to take a look at in terms of the election. stark county, texas, here is the results over the last three elections. this is a heavily hic district, 2016 clinton beat trump 79-19, biden p him 52-47 but look at this, the county flipped 57-41 in trump's favorite in my favor. your home state, florida it. he won 51-48 in 2020 and look at this, on tuesday, he won 56-43%. a large part of that was hispanic voters particularly in miami-dade county saying trump is our guy. if you can grow the hispanic vote that quickly what does it

bode for the future of the republican party that just three years ago, democrats were saying will never win another election because it is so fractured? >> senator rubio: i think it begins, my free advice to democrats is fire all of these consultants, pollsters, and so-called experts that gave you advice on how to reach the hispanic vote because they don't know jack. okay? the truth of the matter is hispanic voters are not in favor of illegal immigration, not in favor of uncontrolled immigration, not in favor of allowing criminals to roam our streets and kill, murder, rape. hispanic voters are not in favor of high prices that makes life unaffordable, and they are not in favor of policies that send our jobs to other countries. and you know what? neither are most americans. so here's the headline. hispanics, hispanic americans are americans, and they believe and feel about these issues the way all americans feel, and i think that extends to other communities, as well. he goes back to my earlier point. primary identity is not the color of our skin, it is not our ethnicity, it is how we live our life on a daily basis and it is

hard for everyday people. they had all of these good endorsements, bad bunny didn't deliver for kamala harris, okay? jennifer lopez didn't deliver for kamala harris because the average voter, even the hispanic community, they will listen to the guys mesic but they don't give a damn what he has to say because they are worried about it because they're coming to their communities. i think that is what this is proof of and you are seeing it play out. talk about the porter county, of course they voted for trump. migrants are coming across their neighborhood, they are not in beverly hills watching some pbs documentary about this, they are living this everything will day. >> sandra: can i just finish off where we started? your name floated run for secretary of state. if you are asked, you would serve in the trump administration? >> sandra: i'm going to work with the trunk adm trump adminin whatever capacity. donald trump x the decision. i've not talked to them about it. i mean, i know i have a job

right now and that is in the u.s. senate. something else comes about, that's the decision they make, that obviously we will cross that bridge when that moment comes but we are not there. i think it is still kind of early to think about those things. we are 48 hours removed from this victory. >> sandra: work to do, got to get started early, right? >> john: senator, it has been a minute, good to catch up with you again. >> sandra: thanks, senator. >> senator rubio: thank you. >> sandra: let's bring in john coffee, cohost, brian kilmeade. anything you just heard? >> i think marco rubio would be the number-one pick, i think he would work with central and south america and cuba with the president. president gave him some free reign to do some work back there and i think they really appreciate each other. perfect example of how okay, it is over, you won, how can i help? as a senator, their respect for each other grew and i think that is exactly the job he wants. i think he had to be convinced

to run the last time when the presidential run didn't work out for him and he lost to trump. >> sandra: 2016. moderated -- >> love to be secretary of state, who wouldn't? >> sandra: fascinating hear him talk about the hispanic community and the vote counting earlier in the night, looking at fox news poll or analysis and you started to see how she was on underperforming with key i noted groups, hispanic vote, the lower biden was in 2020 and you started to see it all over the country. >> young individuals, women, the whole -- he was losing everywhere. whether it is bill hegarty, senator, or marco rubio, think those are truly being considered right now. go back to 2016, donald trump new to d.c., i think he admits he did not do a good job that evening getting good people into his and administration. he learned his lesson, so now he is truly going through the process. we are seeing a lot of names come out. you mentioned those names at the top of the 1:00 hour. what is interesting is some of those are real, but another game

is being played, as well, people are pushing their names into the media and trying to get talked about even though they are not being truly considered by the administration, so some is real, some is not. the only one who truly knows right now is donald trump out in mar-a-lago. >> don't you agree has to name a chief of staff soon? that should be first because then they can set up a schedule and the interviews. >> i suspect that he hasn't figured figured out. >> sandra: okay. >> that is probably happening now -- >> it's going to be susie wiles. >> sandra: she's got the job -- >> she ran a campaign, you didn't see her, she was not out in the forefront. she was keeping the buses running on time and did an excellent job. >> sandra: this is some sound, talking about jennifer lopez, right, talk about the celebrity endorsements, democrats kept pushing for the celebrity endorsement thinking that would work. to the point where this is some of -- they convinced their

voters at their rallies that this would work. some voters at a harris detroit rally. >> yes, i think it may influence the younger generation. >> depending on the generation and the genre, you know, i definitely think that they do, so i think it is very important that when they do endorse somebody, it's meaningful and it's intentional. >> i think people admire these celebrities, and i think they did have an opinion about where they should go, and i think that for the most part they are more educated than the average person. >> sandra: they might admire them, they might listen to their music or watch their movies, but does it influence their vote? >> i think celebrity endorsements are done forever. i really do. you can get bigger star power, j.lo, beyonce, lady gaga, taylor swift, cardi b, bruce springsteen comes out for every democrat every time, and what does it do? it gets people resentful. oprah. i think people will have their

resentment because they feel as though they looked down on you, celebrities, and all of a sudden you go and you are telling them because bruce springsteen is a good singer, he's good at picking a president? i think they are done. i thought the best position was to see the celebrities with kamala harris and see the steelworkers behind president trump in pennsylvania. >> sandra: trump uses celebrity's, too, to be clear. >> not to the same extent. celebrities can bring people into your crowds if you need that. kamala harris did, donald trump doesn't. it was policy. people are suffering. middle america, where i am from, they are having a hard time at the grocery store and the gas pump and insurance bills, so they go who is speaking to the needs -- >> sandra: does beyonce know the price of a gallon of milk? >> beyonce does not know because she is probably not bought a gallon of milk in a long time. but i do and i'm getting crushed. i want to hear your music, beyonce, but donald trump -- >> sandra: how many gallons of milk for the duffy household question work. >> five or six, stacked the outside fridge with them otherwise go to the store all

the time. >> john: do you turn your own butter? >> heavy whipping cream, buttermilk and butter, it is really good, salted to perfection, yes. i have chickens. >> sandra: i'm picturing sean pushing the cart through the grocery, 6 gallons of milk. >> by the way, you will feel the prices when you are shopping -- >> sandra: it's crazy. >> the big difference, trump uses celebrity's, too, he uses brett favre because brett favre is a rock star in wisconsin. i never did this before but this guy can help me, i think that's a lot better than lady gaga, i'm good at the piano. so i think -- >> sandra: the piano. >> i do mention piano. i he see the concerts, i don't hear the candidates. college football is more effective than playing piano. >> sandra: he knows how to survive a winter in green bay. thanks to both of you. all right, john? >> john: sounds like the duffy clan qualifies for its own cow.

we know republicans have taken control of the senate but with some races not called yet the number of seats they have gained is still unclear. we will check in on the silver state nevada coming up. >> sandra: okay, plus, president-elect trump receiving a lot of votes from hispanics in border counties come as we just discussed and turned the rio grande valley red. paul perez, national border patrol council president, will n join us on that next. you got this. one — remember, i don't want surgery for my dupuytren's contracture. two — i don't want to wait for my contracture to get worse. three — i want a treatment with minimal downtime. four — i want a nonsurgical treatment. and five... and if nonsurgical treatment isn't offered? i'll get a second opinion. let's go! take charge of your treatment. if you can't lay your hand flat, visit findahandspecialist.com to get started. ♪

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♪ ♪ >> sandra: an update for you, both are still being counted in nevada. trump is still holding his lead at the presidential level but incumbent democratic senator jacky rosen moves slightly ahead of the republican challenger in that race sam brown for the very first time. fox news national correspondent jeff paul is in las vegas for us. than a long week, jeff.

what is taking so long there with all of that? >> yeah, sandra, the short answer to that question is that the races right now are just too close and there are still too many outstanding ballots that need to be counted. at the moment, nevada estimates they have tens of thousands of ballots that still need to be counted throughout the state, and the bulk of those ballots are coming from clark county, which is a solidly blue part of the state. it includes las vegas. but was also delaying the process, there are thousands of ballots and need to be cured. the main issue officials are saying surrounds signature verification, which voters have until next tuesday to fix. >> it's very important that people come out and cure their ballot if they want their ballot to count. i think, unfortunately, a lot of people won't cure because the numbers are so high or the person they voted for already won. >> so here's where things stand at the moment. donald trump right now is ahead

of kamala harris in nevada by roughly four points, but when you look at the senate race, it's even closer. democratic incumbent senator jacky rosen now leads by about one percentage point over republican challenger sam brown, so we've still got a lot of ballots coming in. could take some time until they finalize those results. sandra? >> sandra: jeff paul in vegas for us. thank you. john? >> john: tip into the white house briefing, karine jean-pierre has been answering some questions about why biden stayed in the race so long before dropping out. let's listen in. >> secretary jean-pierre: incredibly proud of her. when he did decide to step aside, he immediately endorsed her, and the party unified behind her. they did. >> reporter: my question is if you can or want to address the criticism that is being directed at him over this loss. >> secretary jean-pierre: there are going to be a lot of people who are going to say a lot of things. there going to be election experts who look under the hood in the next couple of days and weeks and months, as i've said already, and they are going to have their opinion on this race.

what i can say that -- this is something the president says alt knocked down, you get back up. the president said this moment again. you know, this is a defeat, but we are not defeated. and the president believes he made the right decision on behalf of the american people and on behalf of his country to step aside. and we saw what happened in 2022 after the mid-terms. we saw where we were at that time. and this is how elections are. this is. it ebbs and flows. you win, you lose. and this is where we are today. what we are going to focus on is respecting the american people and how we move forward in the next 74 days. >> reporter: you talked about the influence of the 2022 mid-terms on the president decision to run for reelection. around that time in 2023, roughly 80% of americans believed at that time that the president was too old to serve

another term. did he believe those voters were wrong? >> secretary jean-pierre: what he believed was what 14 million voters decided in the primary, to make him and the vice president, obviously, she was on the ticket, the nominee. that's what happened. 14 million. for this current past primary. 14 millions americans decided that so they made their decision on who they wanted. they did. that was decided. now, as we know, in july, the president made a decision to step aside, and he immediately again decided, without thought, without, you know, second-guessing, endorsed the vice president. so you have 14 million americans who made that decision in the primary. >> around that time in 2023 the presidents team also very firmly encouraged other rising stars in the party, people who participated in the primaries in the 2020 cycle, to rally behind

the president, and not to consider their own ambitions. was that the wrong call? >> secretary jean-pierre: i'd rather not get into conversations -- i'm not going to get into that reporting. it is not unusual for people to rally behind the leader of the party, in this case is joe biden for the democratic party. it is not unusual for that to happen. i'm not going to relitigate or get into what was said, not said. i actually don't have any information on that. what i can say is what the president decided to do, what the president believed, and what the president is going to continue to do is put the american people first. that is the most important thing for him. >> reporter: does the president have worries about what the country and what this office will look like after january 20th? >> secretary jean-pierre: lo look, the president is going to certainly, again, respect what

the majority of americans decided. they decided they wanted donald trump to be president. and he's going to respect that. i don't want to get into hypotheticals about what's going to happen in the next administration, not happen in the next administration. we are proud, the president is incredibly proud of what he has been able to do for the american people, and that's going to continue to be his focus. i talked about the legislative focuses that we are going to have in the next 74 days. and he wants to continue to implement those historic legislations and now laws that he was able to get done. and, you know, the next administration is going to inherit a strong economy, which he is very proud about. but i think, for now, going to leave it there. >> reporter: does the present hope to meet with the president-elect before leaving to go to south america where he will meet with world leaders? >> secretary jean-pierre: in the near future, we are going to work that out.

certainly his staff is going to work with the staff of the president-elect to find a time that works for both. tthe i can't say the timing just yet but certainly you all know when that occurs, it will be in. >> reporter: does the president believe he could beat donald trump? >> secretary jean-pierre: what the president believes is that he did the right thing for the american people. i'm not -- i just, i'm not going to get into, you know, what could've, would've, he believes he did the right thing. he believed that the vice president ran a really, a great campaign. he is incredibly proud of what she has been able to do and how she was able to unify the party, and how she stepped up and was able to get running with an impressive campaign. and so that's what he believed.

he thought it was the right thing to do. and here's the thing. the party unified behind her. and i think that's what's important. he did the right -- he believed he did the right thing. >> reporter: so republicans have threatened to repeal the inflation reduction act. does the white house have any plans to take any actions to safeguard some of the measures, such as clean energy investments, for instance? >> secretary jean-pierre: a couple of things, i do want to talk about the inflation reduction act. that is a popular piece of lead lists legislation obviously that became law, when anything aboute change, the most comprehensive law to be passed to deal with climate change, talked about beating big pharma, medicare now being able to negotiate, and not only that, you are obviously to negotiate to lower costs. i mean, there is so much that came out, that comes out of the

inflation reduction act, only democrats voted for it. you have heard us worn about congress trying to repeal that. and it is popular. we saw what happened when they tried to repeal the aca, the affordable care act, which became popular and helped tens of millions of people get health care, and so that should be a warning for them. that should be a warning for them not to go after something that actually helps the american people, that actually delivers on key, key priorities, and that is actually popular. so i'll leave it there. >> john: all right, there is karine jean-pierre with the very first white house briefing since the election on tuesday night, saying that it is the intention of the administration to respect what voters wanted to see and facilitate a peaceful transition of power. a lot of talk, too, sandra, about whether or not the presidents ego got in the way, that he hung in for so long, but you can posit the answer that

regardless of when he got out, if he got out in the summer or if he got out late last year and allowed a competitive primary process, that what american voters really wanted to see was trump returned to the oval office and it wouldn't have made any difference. >> sandra: the final answer with a warning to them about leaving certain biden policies in place when she was addressing the inflation reduction act put in place obviously to bring down sky high inflation that was happening under this presidency, that was interesting. by the way, one of the main reasons trump is taking back office, people are frustrated with those high prices. >> john: they certainly are. let's move on now. president trump receiving support from hispanic voters ac, fox news butter analysis finds 41% of the demographic voted for trump, much of the support coming from border counties in southern texas. paul perez, national border patrol council president, joins me now. first of all, paul, and good to have you on for the first time since the election, how do you

think the policy on the border is going to change come jan january 20th? >> well, obviously we are going to see a lot of changes. we are going to see a lot more secure border like what we had when president trump was in his first term. he's got a lot of people that are going to be good to work with, that are going to come in, people like tom homan that have a strong background, that know exactly how to do this, but president trump is going to be leading the way. so we are going to see less activity on the border between now and then, between now and the time president trump comes in we may see an influx because they know he is going to strengthen the border and shut it down, so we may see an influx between now and then because we know this administration is going to maintain the status quo and allow as many people as they can to come into the country, but once president trump is in office, that ends, so we are going to see a lot of changes coming forward. >> john: i was really curious, we mentioned this at the top, to see how president trump increased his support among

hispanic voters. 2024 results in stark county, texas, trump won it 57-41.8, what's really interesting about that is he lost that county, which is heavily hispanic right along the border just west of mcallen, texas, he lost it by 60 points in 2016, and take a look at this, fox news voter analysis, latino voter preference 2020 versus 2024, 2024 harassed at 56%, trump 42%, 2020 biden six de 3%, trump 35%, so trump increased his support by seven points, where it went down by more than that on the democratic side. to what do you attribute that shift? >> well, number one, it's not a surprise. this area where i am at in the rio grande valley, i'm in claiborne county, which covers kingsville and everything south, what we saw was nothing short of amazing, but i can tell you why. the people here, it has been ground zero for the influx of

criminals, illegal immigrants coming across, and the people here saw it firsthand. they got frustrated. they weren't buying what the biden administration was selling which was hey, there is nothing going on the border, it's a controlled border, they got to see it, these were people that lived on the border and some of the poorest areas in the country, and they supported trump not only because of the illegal immigrant influx, because of what the economy was doing. they were being devastated. they did what everybody knew they were going to do, they were going to do the right thing based on the facts, not on the rhetoric, it was a big change and it was coming because of what they have seen firsthand. nobody has seen what they have seen. we have a lot of hotels that have come down here that see ite with your own eyes. >> john: even the democratic numbers of commerce in that area saying something has to be done. a big question of what happens between now and january 20th when trump resumes the

presidency. hears it bill melugin put out on x, some thing to monitor, will there be a wave of migrants at the border between now and january? same concerns from several contacts within border patrol, however they point out the threats of mass deportation may cause enough hesitancy to negate a rush. paul, you are on the front line along with your members, what do you think is going to happen between now and the 20th of january? >> so it is very possible that there is an influx because they know that come the time that president biden gets inaugurated, they are going to shut it down. it's going to be a lot harder to cross the border, and so with this is going to do is going to drive up the profits for those smugglers, so we know that president trump is also going to go after the cartels and those criminal alien smugglers to shut them down so we can secure the border, even better. we do expect there may be an influx of people coming in trying to get in and then trying to hide within the country and even aid detection, so it's going to be very, very difficult

for them to do that, but we do expect that there may be an influx between now and then. >> john: all right, paul perez, thanks, great to catch up with you. we will be talking a lot over the coming months. >> thank you, appreciate it. >> sandra: john, the man accused of brutally murdering four university of idaho students nearly two years ago is back in court. what his lawyers are trying to take off the table in this trial. >> john: and court action today and the daniel penny subway choke hold trial. what we are learning about how first responders acted when jordan neely was still alive peer judge jeanine pirro and paul mauro on deck. ♪ stay ahead of your moderate-to-severe eczema. and show off clearer skin and less itch with dupixent, the #1 prescribed biologic by dermatologists and allergists, that helps heal your skin from within. serious allergic reactions can occur that can be severe. tell your doctor about new or worsening eye problems such as eye pain or vision changes including blurred vision, joint aches and pain,

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>> john: bryan kohberger, the man accused of murdering four university of idaho students nearly two years ago, is back in court today, as his defense lawyers fight to get the death penalty taken off the table. dan springer live with the latest on this. dan? >> yeah, hi, john. you know, kohberger's new judge stephen hitler seems completely unmoved by the defense argument made in court today. bryan kohberger listened intently as his attorneys tried to invalidate idaho's death penalty law on the grounds it is too broad and essentially could apply to every first-degree murder. the brutal murders of four university of idaho students in an off-campus house took place exactly two years ago next week. kohberger was arrested and charged with murders less than two months later. and now his attorneys argue he should not face the death penalty if convicted. idaho is 1 of 21 states that still uses capital punishment. there are currently nine inmates facing execution by either

lethal injection or under a new law in idaho by firing squad. prosecutors say what other states do or don't do is irrelevant. the families of the four victims support kohberger getting the death and onto if convicted. somewhere in court today. kohberger is having his trial pushed back until august of 2025. john? >> john: all right, dan springer for us, in montana, thank you. sandra? >> sandra: marine veteran daniel penny back in a new york city courtroom today as jurors hear from more witnesses who were on board the subway when that deadly choke hold happened. if he is found guilty, he could face up to 19 years in prison. let's bring in judge jeanine pirro, cohost of "the five," and par morrow, former nypd inspector and fox news contributor. some of what we heard, let's hear from both of you, nypd sergeant carl johnson, why the officers did not give mouth-to-mouth, a key part of the testimony, said he was an apparent drug user, and he was very dirty, i didn't want my officers to put lips on the

mouth, a certain line you have to protect your officer, i wouldn't want one of my officers getting sick from this. paul? >> he's right. the case is certainly not going to turn on this criminally, it could have some impact but realistically this could only come to play in a civil suit later on but the cops are under no obligation to do that especially in a circumstance when this sergeant, this person may present a threat to the health of his officers, for instance, hepatitis is the real thing you are at risk for, they equip men they're talking about is not a required item, a plastic sleeve you can use to give mouth-to-mouth, most cops realistically just don't have it on them so as unfortunate as this is and the fact they did have a faint pulse, that is an important fact, but they really are under no obligation. they did what they could come and they are not doctors or medics, their obligation is to call ems right away which they did.

>> sandra: another key is the description of neely's behavior, the tone was scary, according to this witness, violet and desperate. 18 witness, i got scared by the tone, i've seen situations but not like that, i wanted the doors to open so i could get away. how important is that? >> i thing that is extremely important because the reasonable man, we have a distended two is a male here, will be determinedy experienced in that moving car peered the fact she was frightened even though she had ridden the subway before, she said she was so scared she felt like she was going to pass out, she was praying, she put her head in her friend's chest, those are her words, and this guy comes on, the tone is angry, he throws his jacket down, he says i'm ready to die, someone's going to die today, i'm ready to go back to jail, and it's clear he lunges toward a woman who has a carriage with a baby in it. so everybody has a little piece. this is like a puzzle. the main characters, or the characters who are in that

subway car when it was underground and moving. not the people kind of afterwords or came in and then took a video. it is the tension and the fear and the horror that these strap hangers experienced. >> sandra: what will this case turn on, paul? >> executive with the judge said, a state of mind case, manslaughter and criminally negative homicide. this will turn on recklessness or negligence on daniel penny's mind. he is going to say he was scared and had to do what he had to do and what you want is others states of mind to be same, scared out of our wits, what he did was necessary. let's remember another factoid coming out now, too. the justification, supposedly, sensibly for the fact neely got on screaming and yelling and said he was hungry but when they searched him he had a muffin in his pocket. these little factoids. the judge said, little puzzle pieces coming together that make

it look a little less dire, i would argue for the defense. >> it wasn't a question of whether he was hungry, obviously. we are dealing with mental illness, drug abuse, homelessness, and that juxtaposed against the fear factor of new yorkers who are experiencing people being thrown in front of subway cars and have tremendous fear, and he acted in defense of them, not in defense -- >> sandra: this case has captivated so many. judge, thank you so much. >> john: fed chair jerome powell speaking right now after another rate cut. what does that mean for you and your money? we will talk to the cohost of the dave ramsey show coming up next.

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>> john: all right, the federal reserve announcing its second rate cut of the year just moments ago. it's been can calm and composed of the ken coleman show and cohost of the ramsey show. so as 25 basis points after 50 basis points, what does this mean for consumers now that the fed benchmark rate is about 4.6%? >> well, to the everyday life, not much. i would liken it to a big old cruise ship starting to approach port, you won't feel it at all. those of us helping million people get out of debt, need to take care of business and cut this debt out of your

life, they will be looking to the government or the fed to be helping out right now. >> john: i love and people say you've got to reduce your debt, so for many people in america because interest rates are so high, that's very difficult. we look at the biased toward the future, the fed was expected to make another rate cut in december and then four more next year. apparently those may be off the table. which i don't think is going to make trump very happy. >> i think you're right about that, john, because i think the fed has really signaled today they are looking at unemployment numbers as much as they are inflation now. inflation is in the target where they want it. unemployment is at 4.1%, that's still pretty low but they are keeping an eye on that and i think to your point, they probably might sit pat for a little bit and see what happens. >> john: and again, i don't think that trump is going to be very happy with that because he loved it when interest rates were close to zero during his presidency because that made everything less expensive, and one of the main planks of his platform to become president was to lower the cost of things for

people. i want to put up the dow for a second, it has not reacted much to the fed rate cut, think that was already priced in, it's down a little today, but look at where it is at 43,700, compared to where it was tuesday afternoon before trump was elected, i mean, clearly business likes the idea of a trump presidency. >> well, there is no question, and to your point, he may not be happy about it but i would rather him focus his time onyx ending his trump tax cuts. i think that auto be a major move right out of the gate. the office of looking at deregulation, taxes of all business shapes and sizes, leads to lower cost for consumers and that leads to a robust economy when consumer confidence rises. those are the things he ought to be thinking about. and as say this, i hope he doesn't follow through on his promise for tariffs. i don't and that's a good move because american companies are going to be paying those tariffs. and they passed those costs onto us. the american people said clearly on tuesday night, lower mike

cost-of-living. >> john: he used the tariffs most as a threat, see where that goes. here is what the committee for a responsible federal budget said about the trump tax cuts. trump's plans come with a heavy price tag. the nonpartisan committee for responsible federal budget predict the tax cuts could add $9.15 trillion over the next decade to the national debt which sits near $36 trillion. give me your thoughts. >> i think this is a silly argument. tax cuts are great for the american people, so if you have to pay for tax cuts, you know what you do? you cut the budget. you cut spending. that will take care of it. >> john: ken, great to talk to you, thank you so much, appreciate it. >> thanks john. >> john: sandra, tomorrow is friday of a very long week. >> sandra: happy friday eve. ever get to say that. things for joining us. i'm sandra smith. >> john: and i'm john roberts. we will see you tomorrow for fri-yay. be "the story" starts after this. ss

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