how to avoid conservatives. and this is disaster relief. my district got three hurricanes in three months. and the majority of my district is conservative. and you are avoiding my district and the people that i represent all because of their political beliefs? i'm very happy that ashley moody is filing a lawsuit on behalf of the state to go after what fema is doing. the fema director will be in washington on tuesday to try explain to the oversight committee as to why they are discriminating against americans based on their political belief. and i have told them they need to bring ms. williams in. we need to depose her. put her under oath and find all the people in the chain of command doing that once we have that information, all those people should be held civilly and criminally liable if there is a criminal case we have. >> carley: every single one of those steps and i'm sure that you will. congressman steube, thank you so much for joining us. "fox & friends" starts right now. ♪

>> ainsley: 6:00 a.m. here on the east coast. friday, november 15th. this is "fox & friends." president-elect donald trump touting cabinet picks shaking up washington and this reaction from rocky director sylvester stallone. nobody in the world could have pulled off what he pulled off. we got the second george washington. congratulations. >> brian: wow. plus newly released video police interrogation of daniel penny, will it help his case? >> brian: should help get a medal. mike tyson and jake paul changing blues. how dare he before they face off later today that will be tonight on netflix. unbelievable. >> ainsley: all right. >> brian: i'm not going to tell you the time because i would rather you watch fox. "fox & friends" starts right now. >> this is a fox news alert.

and 9:00 this morning. the trial for the illegal migrant accused of killing nursing student laken riley begins in georgia. >> so his fate set to be decided by the judge. >> brian: chanley painter joins us with a preview of what could be happening this morning. chanley. >> good morning, guys, the fate of the 26-year-old undocumented venezuelan man now solely in the hands of the judge after waiving his right to a jury trial earlier this week. today the family of 22-year-old laken riley is expected to fill the gallery of the courtroom as prosecutors begin presenting evidence of how the nursing student was viciously attacked while out on a run the morning of february 22nd, 2023. the defendant, jose ibarra has pleaded not guilty to 10 counts, including malice murder, felony murder, kidnapping, aggravated assault with intent to rape among other charges. in the indictment that accused him of hindering riley's attempts to call 911 and concealing a jacket and gloves smeared with blood near the

apartment where he lived with his brothers and former roommate, all of whom were in the country illegally at the time. and the judge has ruled those men be present at this trial as possible witnesses. also, the judge has denied the defense's motions to change venue and suppress evidence, including d.n.a. and cell phone data. the judge has also denied the defense's motion to sever the peeping tom charge against eye bar a are a that prosecutors say occurred on the same day with another woman. ibarra illegally crossed into our country in 2022 but released into the u.s. via parole. since then he was cited for shoplifting in georgia and charged with child endangerment in new york and now if the judge finds him guilty in this trial starting today ibarra faces life without parole. guys? >> ainsley: thank you so much, chanley bar and grill. >> brian: still costing us a ton of money. obviously came here as a criminal he lived as a criminal. and he had every intention by what we know so far of committing horrific crimes once

here. >> ainsley: he lives with his brother as chanley was saying, the brothers have to be in the courtroom in case we need to call them up as witnesses. his brother doing go eye barrow was charged with green card fraud and tries to tren de aragua. >> lawrence: i don't know what these lawyers thought they were going to do gootion a barbecue trial. look at the overwhelming evidence and suppress the d.n.a. which is essentially to this case as well as the cell phone data that put him at the scene of the crime this became the face of the illegal migrants coming into this country. it propelled donald trump to his re-election yet again. this was his signature issue the first time. >> remember, donald trump called the family and talked to them and i don't believe joe biden ever did. >> still no word from them. >> brian: his name was forced when marjorie taylor greene yelled it out at the state of the union. >> he did. and he has not shown any sincerity there. you see some democrats talking

now is that how s. how he lost the election. >> remember the pushback when he did say her name from the left was, that he called her -- called the guy an illegal immigrant and not the crime -- i mean, this is a murderer and they were worried about the terminology that the president was using. >> still trying to jam the word newcomer down our throat. that should go away with the pronouns. they are not newcomers, they are unwelcomed guests. i love the fact that also today thousands of ice officers are ready to be reassigned from their desk jobs to get out the next killer before they strike they never should have been here to begin with. meanwhile president-elect donald trump revealing another cabinet member at an event last night that he hosted. got a chance to really see him reflect on the victory for the first time as washington reacts to the official nomination, r.f.k. jr. as hhs secretary. >> lawrence: bill melugin is live in west palm beach, florida. hey, bill. >> bill: hey, lawrence, good morning to you. i will tell you what these picks

are coming in so fast it's almost hard to keep up with them. trump made is seven of these announcements yesterday alone for his administration. the latest one came last night right here in florida when he made somewhat of an informal announcement about north dakota governor doug burgum. >> i won't tell you his exact name. i think he is incredible person something like burgum. he is from north dakota. is he going to be announced tomorrow for a very big position. is he going to head the department of interior and he is going to be fantastic. >> burgum was not trump's splashist announcement of the day that came earlier in the evening when he announced is he going to have name r.f.k. jr. to be health and services secretary. that's the something he talked about last night at an event at mar-a-lago here in palm beach. take a listen. >> the news reports people like you, bobby. don't get too popular, bobby. we want you to come up with things and ideas what you have been talking about for a long

time. i think you are going to do unbelievable things. >> now, trump made a handful of other nominations yesterday as well. some of those include former congressman doug collins who has been tapped to lead the department of veterans affairs. >> he will head the v.a. he also announced he is nominatinged to blanch to be his deputy attorney general. we remember blanch defended trump during his new york hush money trial. and incoming g.o.p. senate majority leader john thune says is he going to look at every option to get trump's nominations confirmed as fast as possible that includes possibly doing recess appointments if necessary. take a listen. >> i think we have to have all the options on the table and these nominees observe their day in court. we will not allow the democrats to thwart the will of the american people. giving president trump the people he wants in those positions to implement his agenda. >> one thing about r.f.k. jr. at hhs. hhs is not just a health agency that's going to handle vaccines

and stuff like that. it's also related to the border. hhs is the agency responsible for caring for unaccompanied migrant children who show up at the border. border patrol transfers them to hhs. they have to care for them. then they have and vent adult sponsors for them across the country, if something goes wrong with migrant children during the trump administration that could be politically perilous. we all know the media is going to be very hawkish going to try to find anything they can do when it comes to migrant children with the trump administration we'll send it back to you. >> did you ever get good answers from the current administration about the missing children? they try to rationalize that down. they say the number is inflated. have you ever gotten a good answer for that? >> bill: the administration's position has been they haven't lost these children. they say they just haven't done the right paperwork on them. so there is different reporting that has come out. there was a pretty damning inspector general report from the dhs inspector general that said they failed to file

paperwork with tens of thousands of these children. we remember that "new york times" report where they were finding these children working in slaughter houses and construction sites all across the country in violation of labor laws. some of these kids were killed or seriously maimed working in niece jobs. it's a big issue. >> brian: they should be in school and maybe shouldn't be here at all. bill melugin, thank you so much. >> ainsley: thank you, bill. >> lawrence: we didn't lose the children it's just the paperwork. >> brian: it's been over 100,000 every year. and i'm sure there are some missing during the trump years. they got to make this a priority. >> ainsley: remember the whistleblower down -- i think it was in texas and working at one of the catholic charities or something where they take in the children. and individuals around the country could call these shelters and say i need two boys or i need whatever. and she was the whistleblower that said this guy had a ranch or farm and needed these two boys. >> brian: pick them up. >> ainsley: went to find out where the boys were and they had

been helping and lived in like a shed. didn't exactly. >> brian: you talk about a disrupter, here we go. r.f.k. jr. gave cnn something to talk about. i'm not sure anyone is watching. but he was named hhs secretary. they have been talking about different positions, maybe a czar position. but he has spent a lot of his time environmental causes maybe the last 10 years focusing on what is in our food. what is in our vaccines. what is in our medicine. he talk as lot about it. kayleigh and means wrote a book. doctor followed up. frankenstein foods we are digesting and how it relates. r.f.k. jr. will have a chance to put together his programs and start dismantling some of the corruption he says that exists in that behemoth organization. >> ainsley: look at his resume very impressive. water keeper alliance. he founded children's health defense to address childhood

chronic disease. he says six in 10 people have chronic disease here in america now. named "time" magazine's "hero for the planet." that was probably when he was a democrat or didn't support trump when they liked him. he attended harvard, london school of economics, university of virginia law school, pace university school of law as well. in 2008 obama considered him as the head of the epa. there was a glowing article about it in politico. obama considers stars for cabinet. strongly considering r.f.k. jr. to head the epa. >> lawrence: this guy has agenda he says he wants to impact the chronic disease epidemic. supports sustainable -- i'm sorry farming and reducing chemical uses. preserve and restore natural ecosystems and ensure regulatory agencies act. >> ainsley: who is not for that? >> lawrence: big thing, ainsley

the food. >> ainsley: i agree. >> lawrence: i don't know why this has become -- maybe because r.f.k. now has become a partisan issue. but getting our kids quality food and us as well why do others have quality food and we don't is major issue. >> brian: he has ideas. can he run an agency. he is smart. has he ever done anything like this before. does he know what he is getting into. overseeing the fda, cdc, medicaid and the affordable care act on a respirator. responsible for caring for unaccompanied migrant borders. a huge budget. here's the thing. i cannot wait for his nomination hearing. they are going to press him to back up his beliefs. he will welcome this conversation. he likes having these debates. spent his entire career. we used to do it like this. gee bait things rather than dig in and vilify the other side. i thought it was interesting jared polis.

>> lawrence: endorsed him. >> brian: the governor of colorado said this about his nomination. if that's a country, we follow a science we would be far more concerned about the impacts of pesticides on public health and a.g. policy as well as nutrition. a lack of access. and he goes on to say that he is very encouraged about r.f.k. getting this nomination. so, obviously he is not going to have a vote. going to be in the senate. the governor of colorado shows an openness. why wouldn't you show an openness? i if i if there wasn't a pandemic where all of us were forced to take a vaccine or be fired in some case e. cases or you got it and have you these vacations and you see that anthony fauci could not defend a lot of his actions, people started looking into the agencies. r.f.k. doesn't become the rock star he became and he doesn't have an opportunity to do this. i don't think the american people would have been open to it without the pandemic. >> ainsley: yeah. when he was on the curvy couch with us, we were asking about what is in our foods that's so bad he? said let's take mcdonald's, for instance, in other countries they use three ingredients to make your mcdonald's french

fries, we use the wrong ingredients, we used to use a certain type of oil when we cooked. >> lawrence: seed oil. >> ainsley: didn't he say he is not for the seed oil, right? whatever we are doing now is so bad for our children he wants to go back to that also talked about fruit loops. all the dyes to make all of the froot loops different colors it's so bad for you and other countries don't even allow it. >> steve: they use fruit dies for in other countries so it's more natural and we use different dies dyes. he talked to rachel, this is what he had to say. >> in europe these same companies are producing the same products but they are using natural coloring. here they can get away with it. we have almost 1,000 chemicals that are in our food that are either outright banned or

actively discouraged. so you wouldn't be able to buy this kind of stuff in europe. you asked by b. why it's so cheap, why it's so ubiquitous. it's because we subsidize about 70% of our food stamp program is to processed foods, which are all poison. >> brian: just how we got in politics. he was talking about the food stamps. and people were outraged. we shouldn't be using food stamps for coke and pepsi. terrible for you and not good for you. how dare you we should make our own choices when it comes to food stamps just because we are on tough economic times means i can't have soda? what is he just trying to say is if we are buying food stamps to bad for you we are not helping you. how many people do we see in economically depressed areas who are clearly overweight? and you wonder you know, it's not because of excess. maybe it's because the food they're eating is cheaper but also terrible for you. if this is going to ripple right down to the farms. and what we're paying them to do and what we are subsidizing them

not to do. this is going to be so disruptive and the question is, can he pushback against big pharma? can he push back against the food industry, the fda and get his point across? we havewill he have enough allio get this done or frustrated in eight months and say i got to back out. >> ainsley: a lot of farmers want this chemicals preserves food last longer. sits on the shelf able to sell it for longer. he is saying it's very harmful all these chemicals for our bodies. do you wonder why we are seeing so many people in their 20's with stage 4 cancer or why the obesity problem is such a big problem in our country. is it because we're eating too much or is it because what's in our food is making us bigger? >> lawrence: become a huge epidemic. >> ainsley: go to italy and eat pizza and pasta and don't gain any weight. >> lawrence: so true. >> brian: three quarters of the country is obese. >> ainsley: tall la fat is what

they used to cook the french fries. >> steve: the president made another appointment. he said it's supposed to be more formal but also named someone on the short list to be vice president doug burgum to be head of the interior department. >> brian: he is lower profile than the others he will make a huge impact. do you not know how smart he is. this is like an nfl player going to helping youth sports and say i'm going to teach you thousand play football. this guy knows everything about finance, tech, the open tundra. he grew up on a. >> are a. he many be fantastic working in conjunction with oil and gas spiblely. responsibly. he has international connections. i loved last night. i watched the whole repeat. it's the first time, i think, the person reflected publicly on his victory. i have never seen him so content, so happy in front of an adoring crowd and a certain celebrity. >> ainsley: america first institute gayla.

at mar-a-lago. and sylvester stallone spoke about the president and compared him to his rocky character. listen to this. >> we are in the presence of a really mythical character. i love mythology. and this individual does not exist on this planet. nobody in the world could have pulled off what he pulled off. so i'm in awe. [applause] and i will just say this and i mean it, when george washington defended his country, he had no idea that he was going to change the world because, without him, he could imagine what the world would look like. guess what? we got the second george washington. congratulations. [cheers and applause] please welcome the president of the united states, donald trump. thank you. ♪ don't forget the men who died who gave that right to me.

>> thank you very much. wow. wow, thank you, sly. you know, sly does not do that he doesn't do that stuff. and he did a beautiful john. we are going to turn our country around. make it so great, so strong, so powerful. we're going to bring it all back. >> i want to thank some people who have been so instrumental and doing such a great job. we have a man who has a seriously high iq. i'm a person who believes in high iqs his is about as high as it gets. he launched a rocket three weeks ago and then he went to pennsylvania to campaign because he considered this more important than launching rockets that cost billions of dollars. elon musk. another one who is another great mind and a great guy and so popular. i think he is right. he wants to make people healthy, it's driven him pretty wild over the last number of years. today i nominated him for, i guess if you like health and if you like people who live a long time it's the most important position.

r.f.k. jr. bobby? [cheers] and a woman who was a democrat and was independent, she went independent and last week she said i want to be a republican because this is what i stand for. i have always admired her. and i admired her because she was loaded up with common sense. and it's all about common sense. i mean, we are conservative in this room but we can understand the other side. but what we really are is people with common sense. and i think that's why we won with the numbers that we won by. tulsi gabbard. >> lawrence: he is having a lot of fun. >> ainsley: loaded up with common sense. >> lawrence: i will say the president looks rested of as well. he looks like he is in the zone right now. picks his cabinet members. it's good seeing him like this right now. >> brian: i saw congressman tores in new york say donald trump has begun to crack the ultimate blue wall. he lost new jersey by 7. lost new york by 10. and if we don't wake up, it's

only the beginning. and that's what you are seeing. remember, the thing that struck me about hulk hogan he said i have always been a supporter but never spoke up. stallone i always knew he was a supporter and now speaks up. watching msg people walking around with their red hats. we always knew the president had fervent supporters not all across the country. so-called a trigger. there is something becoming very mainstream where either his enemies are taking -- giving him an honest look for the first time that it's happening before our eyes. >> lawrence: ainsley, there used to be the silent trump voter. they are out now. they are out. and i don't mean out there just yapping away. but just putting on the hat. putting on the t-shirt. that didn't happen before. >> ainsley: i saw someone in new york say that's so rare that people in new york city with a maga hat on. definitely doing that -- they are definitely doing that in south carolina there is a convert at clemson and

everyone -- it was lee brice was playing at crimson and a friend went and said everyone was wearing those. all the students were wearing them. they were all chanting. right after he had won. and so you are seeing that a lot. but, here, you don't necessarily -- i think if the factors are different in new york. the reason that i think he lost only by 10 points in new york is because there was that silent jewish vote. here i have a group that i talk to that are jewish, have never voted for a republican. and they decided to this election. and they love donald trump because of what he does for israel. i think, also, here, the crime issue, the illegal immigration issue was a big deal here. i don't know if they are voting necessarily for the republican party and if that will continue. maybe it will if the democratic party doesn't get their act together and they continue to go more and more progressive. but i think they voted for trump because, a, they know four years ago he was in office. they saw what he did. and they know that what the liberal media was trying to say was a lie. he wasn't going to ban -- people

knew he wasn't going to ban abortion. they tried to say that. going back to the states. they knew a lot of other things that he was going to do and it was going to be positive for them and the economy. >> brian: 22 minutes now after the hour. let's go over to carley for the other breaking news. >> carley: certainly do. start with a fox news alert. iran reportedly told the biden administration last month they were not trying to kill president-elect trump. that is according to the "wall street journal." the news comes after the doj though outlined allegations of an iranian plot to assassinate trump before the elections last week. a man tied with ties to iran charged with plot to kill trump and other politicians in august. meanwhile in an effort to diffuse tensions the "new york times" is reporting elon musk met with the iranian ambassador to the u.n. earlier this week. the daniel penny manslaughter trial resumes this morning after jurors were shown the video of penny being interrogated by police just hours after neeley's chokehold death. and that's a time penny doesn't seem to know yet that neeley had

died. >> i'm not trying to kill a guy. i'm trying to make [inaudible] i'm not out here like trying to attack people. i just felt that this guy telling people that he is prepared to go to jail for life. i'm just trying to keep him from hurting anybody else. is he threatening people. >> the marine veteran faces 19 years in prison if convicted. he has pleaded not guilty. and look at this, a large 1k568ding plank falling off a building in boston and narrowly missing the people walking below strong winds. flying up a 46-foot skyscraper and it happened outside of new england's busiest train station. officials are investigating but thankfully no one was hurt. and tonight is the night that mike tyson and jake paul's highly anticipated fight takes place after final weigh-in ended with this dramatic scene.

>> ladies and gentlemen,. >> carley: yikes source, thought clearly separate the two tyson was asked why the heck he slapped paul. >> why did you push him down? >> i didn't even feel it. he is angry. he is a an angry little elf. the two will face off in texas tonight at 8:00 p.m. eastern time. those are your headlines. i'm going to watch for sure. must see tv. >> brian: thanks so much, carley carley. >> carley: you are welcome. >> brian: senator ron johnson coming up next on these senate nominations. don't move. one extra push and... crack! so, we scheduled at safelite.com. we were able to track our technician and knew exactly when he'd arrive. we can keep working! ♪ synth music ♪ >> woman: safelite came to us. >> tech: hi, i'm kendrick. >> woman: replaced our windshield,

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>> brian: president-elect donald trump selects r.f.k. jr. for director of health and human services. he could face a battle in the senate even though he is a lifetime democrat despite the g.o.p. gaining control. one republican on board is senator ron johnson who called r.f.k. jr. a brilliant courageous truth teller after holding a round table with kennedy on the health of our nation wisconsin senator ron johnson. we all become abundantly aware of our hhs secretary last time and people under neath him. what did r.f.k. say during that period that impressed you and as

you are anxious to get him in charge, now? >> well, good morning, brian, first of all, let me say some things. i have gotten to know bobby. is he a very good person. is he a courageous person. he never sought to get involved in issues over childhood vearntion schedule. moms come to his events. finally one mom came to his house with a stack of research papers. i'm not going to leave until. he did his eyes were open. bobby kennedy can make the most significant impact on america's health than probably anybody. i'm a big supporter of him. he is a very smart person. and what he has shown and what he knows is how these large corporate interests have captured the very regulatory agencies that are supposed to protect the public to the detriment of public health. not just big pharma with the federal health agencies.

big ag. food processing. military industrial complex. once we drill down and see the capture and corruption of one agency, pretty well spread that across the board. tie that in with elon musk in terms of his government efficiency department, and i think we can really make some huge changes in washington, d.c. >> brian: talk about huge changes huge lobbyists making sure you don't change. i am sure is he steeled for the blowback. watching other channels suddenly outraged about a kennedy going back to washington. so, when they took down your hearing on ivermectin, you were a sitting senator having a hearing a possible cure for a pandemic they wouldn't even let us see it. you know the institutions are going to be pushing back against it. i want to ask you what. >> i want to say, brian, this is what gives me hope. truth is very powerful. and i think what we saw in the 2024 election is the truth prevailed and that's what we need to do. we need to expose the truth. we need an honest media that,

you know, confirms that and highlights the truth. and everything will be just fine. >> brian: mentioned two people. elon musk, long time someone associated with liberal causes and r.f.k. liberal causes. causing the most uproar on the other side. fascinating. headline in the "new york times." u.s. failed to safeguard many migrant children. a review finds that many sponsors are inadequately vetted and safety checks went unfulfilled and independent watchdog found that children ended up in dangerous jobs across the country, children, like it's 1910 or 1890. not going to school. being used essentially as slaves. and now we are missing this past year already 110,672. >> what can do you about this? >> well, first of all, we will remake that agency. i mean, we will put people like tom homan and other people who are actually concerned about children who want to secure our border. one of the things we heard in the hearing senator grassley hhs

supervisor told trying to protect children get them out the door. if we don't get sued by human traffickers, we get sued by immigration groups if we don't get these children out of our care in 20 days. again, we have created these laws that really make no sense from a standpoint of actually protecting children and the biden administration, they were so dedicated to opening the border. they rushed these kids through. they put them in the hands of people that they knew were associated with human trafficking, sex trafficking, there are hundreds of thousands of children that are basically missing. probably in the hands of human and sex traffickers, it's a huge scandal. we'll do definitely oversight work on that. i talked to senator paul about that. he will be chairman of the full committee. we will try to expose, this it will never happen again. >> brian: by the way, i think you need a child retrieval team to go out and get hundreds of thousands of kids who they say the paperwork just isn't done on. it's much more insuddennous than

that senator johnson i'm encouraged. i think you will get democrats helping you out with this, too. thank you for joining us today. >> have great morning. >> brian: fox news alert. laken riley's murder trial begins this morning after the illegal immigrant accused waived his right to a jury. here in new york, could testimony from the marine, who trained daniel penny, make a difference in his trial? those cases coming your way. duckduckgo comes with a built-n engine, like google, but it's r and doesn't spy on your searchs and duckduckgo lets you browsel but it blocks cookies and creepy ads that follow youa and other companies. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. some days, you can feel like a spectator in your own life with chronic migraine, 15 or more headache days

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>> lawrence: fox news alert. the trial for the murder of georgia nursing student laken riley is set to begin in a few hours. tuesday's pre-trial, the suspect and illegal immigrant jose ibarra waived his right to a jury trial. leaving his fate in the hands of the judge. let's bring in new york based trial attorney rebecca rose woodland. so, a lot of people were astonished that he decided to go with the judge and not at least try to win over one member of

the jury. why did he do that? >> that is such a good point. i was saying what is going on here? but, in my mind, i thought well, he must know there's no shot for him. there is overwhelming evidence of d.n.a. of video footage on the scene, and to me it looks like he is just going to take what the judge orders and i cannot imagine anything but a guilty on all counts life in prison verdict. >> lawrence: i know criminal defense attorneys get crafty, but the idea that the judge was going to throw out the d.n.a. as well as the cell phone data that proved that he was there. i mean, that was a hell mary of all hell maries, right? >> really. i'm not sure that this is the defense attorney's tactic. this is something that eye bar remarks the defendant, has to agree to. so, he has to agree, if i go to a judge only, no jury. i agree on the record that i know that repercussions of that, and he did. so, his defense attorney must

just be trying to guide him and he must have said no, i just want to go this way. almost fast tracking himself to jail. >> lawrence: let's talk about this other case of daniel penny, set to resume this morning. they had a key witness to come forth that talked about how you do the choke. and if it was textbook. i guess my question to you is does that weigh on the jury that is hearing this? because the other guy is a marine as well? >> sure. so, you know, the prosecution did bring a marine, who had -- who trains in the chokehold. now, what you are seeing is though a situation in the classroom. and he even said that on cross-examination, this witness who said when i train, we're training in a situation that's very controlled. you know, that was not a controlled situation. there was a lot of aggression on the train from the unfortunate victim. no one intended this man to die.

i do not believe that. he is not charged with that daniel penny is not charged with intentional murder, right? manslaughter, negligent homicide. so, did the chokehold happen exactly perfectly. i don't think anything in life as it is being executed happens like that. >> lawrence: why if i can ask this question before i go. >> tell me. >> lawrence: actually a witness in this case who held the victim down. okay? but he was not charged in this case. and as you saw during his testimony, he goes back and forth, lies to the cops. didn't have a consistent story. i'm just curious why didn't the prosecution charge him as well if they are going to charge mr. penny? >> because they gave him immunity in return for his testimony. >> lawrence: that would explain the change in testimony? >> hello. and the jury -- new york jury will hear that and understand. they also understand being stuck underground with someone who seems intent to kill. who said i am intent to kill.

you know, he had drugs in his system that could have contributed. i think we are going to see a lot on the defense side once the defense takes over the case. i think we are going to see some contributing factors that aren't the chokehold only the reason for the death of this man. >> lawrence: especially since he had a pulse even after the chokehold. >> exactly. >> lawrence: that will be key. rebecca, thank you so much. florida standing up for their people after trump supporters were seemingly passed over for hurricane help. we will tell you the story, next starting a business is never easy, but starting it eight months pregnant.. that's a different story. i couldn't slow down. we were starting a business from the ground up. people were showing up left and right. and so did our business needs. the chase ink card made it easy. when you go for something big like this, your kids see that. and they believe they can do the same. earn unlimited 1.5% cash back on every purchase with the chase ink business unlimited card from chase for business. make more of what's yours.

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top five for dozens of big cities including the northeast fire weather watches and warnings throughout the weekend where conditions are going to be favorable for wildfires. then we have sara, sara is going to move into central america bringing epic rainfall to places like honduras and belize. i don't think we will have to deal with that system in the gulf of mexico.

that's great news and breath of relief. real quick, major pattern shift as we get into next week. much colder air. snow is possible for parts of the north. ainsley is like not for us yet. but we might get some rain in the forecast which is exactly what we need in the northeast. anxiously, over to you. >> ainsley: i'm hoping we get some snow this year. last few years we haven't. >> janice: put the spoon under the pillow. >> ainsley: that's what steve always tells me. i have never heard about that. thank you, janice. >> janice: of course. >> ainsley: like it getting cold. change our outfits and put on some layers. ashley moogd. suing dean criswell, deanne criswell i should say and now fired official who directed hurricane aide workers to oea void those houses if they had trump signs in front of them. that aide worker claims she is a scapegoat. listen. >> this was the culture. they were already avoiding these homes, based on community

trends, from hostile political encounters. it has nothing to do with the campaign sign. it just so happens to be part of the community trend. what is reprehensible is they are not being transparent. why is this coming down on me? i am the person that jotted down the notes from my superiors. >> ainsley: so ashley moody joins us now, the florida attorney general. ashley, i know you are suing fema because of this. do you believe her? is she the scapegoat? was she being told from people above her, excuse me to direct this message? >> yeah, she has used the term colossal when she talks about this avoidance policy. so i fully expect this discrimination or violation of civil rights of trump supporters extends beyond florida even beyond other states and affected areas. this is why i wanted to bring the suit so quickly, not only because we are still in the middle of hurricane season and i don't want trump supporters or

any supporter of political candidates quite frankly want to make sure widespread policy is uncovered. keep it from happening. this is what trump has been saying all along. they are not just out to get me. they are out to get you. i want to stop that. i want to rid that from our agencies, florida is going to help him do that. >> ainsley: 28 homes that happened in your state did. that happen in your area too? that's a conservative area where the hurricane hit. >> we will press and do this quickly we still have two months of a biden-harris administration. we are going to press this quickly. when we get discovery, you better believe i have already started those discussions with a.g.s in other states. we will be coordinating and making sure if there is evidence of that that they pursue that as well. this is a conspiracy to violate civil rights cases. you know, we're bringing this civilly as florida has the right to do to protect our citizens and their rights. and we will pursue it aggressively. there is a criminal side of

this, too. which doj has the jurisdiction to look at. and, you know, under trump, they might just do that. >> ainsley: okay. we did reach out to fema for a comment. they said they don't comment on pending litigation. ashley, we will have you back on to keep us up to date on that case. also, we know that marco rubio is leaving as senator of the stated of florida to go work for the trump administration in january. that leaves his seat open. ron desantis has to fill that seat and your name has been floated. what's your response? >> well, certainly that's a plymouth to even be in that discussion of filling the shoes of a great statesman and person like rubio. that's an honor. you know, desantis, fortunately, is going to have an incredible bench of leadership, good people, talented people to have those discussions with when the time comes. but i'm really focused, as you can tell, on doing my job as attorney general as i have done and really pushing back on this biden-harris administration. and i want to make sure i keep doing that over the next two months. as you see the work is not done.

they are still at it. >> ainsley: do you know when he will fill that seat? >> i don't. i haven't had those discussions. >> ainsley: okay, ashley, thank you so much for coming on with us. have great weekend. >> great to be with you. >> ainsley: let's hand it over to carley. >> carley: ainsley, listen to this. smugglers at the border are reportedly telling migrants to hurry into the u.s. before president-elect trump takes office or they may not have another chance. mexican migrant advocate who organizes caravans tells the "wall street journal" there are four what happens groups hundreds of migrants coordinated departure on u.s. election day. as soon as fear began to appear. trump has promised to close the border on day one of his administration. louisville firefighters wrestling a construction worker overnight after he was trapped in rubble for 8 whole hours. look at him. wow. officials say the worker fell 10 to 12 feet into a hole and was completely buried in debris. the rescue took hours and officials say the worker was con

machines the entire time. he is being treated at nearby hospital. here is how not to cook your turkey this thanksgiving. yeah, you don't want to do it. broward sheriff fire rescue in florida demonstrating the common mistakes that could make deep trying the turkey dangerous. if you want to do it safely tips to avoid a fire include cooking on a level surface. at least 10 feet from your house. do not overfill the pot, only fry thawed turkeys keep the peanut oil 350 degrees. anything hotter could spark a flame. good to know news. ainsley, those are your headlines. >> ainsley: thank you so much. >> carley: you are welcome. >> ainsley: more "fox & friends" ahead. ♪ shook me all night long

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