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>> in is 8:00 a.m. on the east coast. friday, november 15th. in one hour, laken riley's murder trial begins in athens, georgia, after the illegal immigrant waived his right to a jury. how will this impact his case? >> donald trump causing shakeups in washington after selecting rfk jr. to head hhs and doug burgum. >> he was introduced by silvester is it a loan. >> nobody in the world could have pulled off what he pulled off. we have the second george washington. congratulations. final hour of "fox & friends" starts right now, get dressed!

reporter: good morning. high profile murder case that sparked a national debate set to start in about an hour. there'll be cameras in court throughout the entire trial. we'll see the suspect, 26-year-old jose ybarra that entered illegally from venezuela and he's already arrived. ybarra remained stoic through all the pretrial hearings and riley's family will fill part of the courtroom and they've been understandably distraught every time they've seen their daughter's alleged killer in court. he's faces ten charges including malice murder, k kidnapping, attempt to rape and stopping riley for making a 911 call.

it's the judge deciding his fate and not a 12 person jury and it was decided on tuesday and it's a move called unusual and one legal expert calls it a fast track express straight to state prison. prosecutors say he killed riley jogging on the uga campus in february and died in blunt force trauma and asphyxiation. dna and cell phone and jacket and gloves found in a dumpster found outside of the apartment and the brothers lived in that apartment and officials say they are in the u.s. illegally as well. they're now in federal custody for having fake green cards and brothers are ordered to be in court for the trial as potential witnesses. if the judge finds y barra guilty or convicts him, he's facing life in prison without the possibility of patrol. >> how did they know she was trying to call 911 in did she

dial it and he turn it had off? reporter: based on police reports that came out early after her death and once the trial starts, we're expected to learn a hollywood more about that and other claims and just some more details that are going to be pretty horrific. lauren: >> ice being pulled off desk duty and set to

pulled off diesessing duty and chase -- desk duty and chasing down these guys before they they attack and bill clinton was referring to this case in particular when out in the field and said, if we had done better at the border, she'd still be alive. people thought he messed up. that's being honest. >>lawrence: i had the director of tennessee bureau investigations on and capture the violent gang members, what do you do? he said i can't do anything because we can't charge them. best of my recollections ice won't pick them up. >>brian: we'll talk more attack that . >> using them to rob people and stores and things like that.

>>lawrence: washington reacts to the official nomination of rfk jr. as hhs secretary. >>brian: the velocity of the picks are coming fast and furious. bill melugin is in west palm beach talking about what happened yesterday and what could be on tap. bill. reporter: yeah, brian, good morning. trump is really filling out his administration at a rapid pace and made seven announcements yesterday alone, last of which happened last night here in florida regarding north dakota governor doug burgum. >> i won't tell you his exact name. he's an incredible person.

something like burgum. from north dakota. he'll be announced for a very big position. he'll head the department of interior and he'll be fantastic. reporter: the name that got all the headlines yesterday was rfk jr.. trump announcing he's nominating him to be health and human services secretary and that's something he talked about last night at an event at mar-a-lago. 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 and what you've been talking about for a long time. i think you're going to do some unbelievable things. l reporter: he picked todd blanch during the new york hush money

trial and john thune says they're going to look at every option on the table to get trump's nominations confirmed. take a listen. >> we have to have auronominees in court and we are not going to let the democrats to thwart the will of the people and the people that trump wants in the positions to implement his agenda. reporter: it would be a way to avoid senate confirmation and a last resort option but, guys, will raise a whole lot of eyebrows. >>brian: bill, speed matter when is they're named and confirmed to get the hearings going. thanks so much, bill. ashley: thank you.

>>brian: he's a self-made success story. >>lawrence: nominations came in phases and foreign policy then national security and we got some of the domestic from the department of jus dis-and now looks -- justice and now the economy, which was the number one issue with treasury and i'm expecting the chief of economic council as well. >>ainsley: with rfk jr., his resume is impressive we've interviewed him a lot. he founded water keeper alliance and world's large clean water advocacy group and children's health defense to address childhood chronic diseases and named time magazine's hero for the planet, went to harvard, london school of economics, uva law school, pace university school of law, and obama was considering him on the short list to head epa and named hhs and hhs is over a lot of

agencies, they oversee 13 agencies including fda and cdc, medicare, medicaid and affordable care act, responsible for caring for unaccompanied migrant children at the boarder and budget is $2 trillion. >>brian: for certain. he's got environmental expertise and he'll acquire this health administration expertise. he's focusing on nutrition. it's echoed by dr. m m makary a lot of people in his corner as you can see. the new york post is not. they said they interviewed him and don't think he's the right pick. a guy like the governor polis of colorado said he's excited about him. this is going to be a great pick. >>ainsley: and he's a

democrat. >>brian: a lot of democrats are best friends with rfk jr. till the new hampshire primary when impossible to run and had to leave the party. he was considerable golden child. >>lawrence: this was a big part of the campaign as well, especially talking about last minute shift in voters, and the president campaigned on this and even jillian mike else said the president propsed to make a move like this and he kept his word. there's a lot of people that are impressed with him but again, some of those party establishments, some of the people in washington don't like that donald trump is shaking things up. we had rfk on the program a few times. this is a montage of this. >> president trump was cooking at mcdonalds the other day and giving people french fries and people criticized me and said, well, you know, he's out there giving fast food and i said i don't have anything against fast food.

i have -- i'm against food with seed oils. when i was a kid, mcdonalds was made withal fat. talifat. in england, a mcdonalds french fry has three ingredients, potato, sugar and some oil or -- sorry, potatoes, salt, and tallow fat. we have 15 ing ingredients in or fries here. >>ainsley: we wonder why we're

obese and wonder why people are getting cancer at earlier age, stage 3 and 4 cancer in their 20s and so many of my friends, younger ones in their 40s getting breast cancer. i could name five off the top of my head. he said when his uncle was president, 6% of americans had chronic diseases now it's 60, 6-0. thing haves changed so much from our grandparents growing up. >>brian: we wouldn't have been open to re-examine hag we eat and what facts we get. >>ainsley: the issue that a lot of people think, some people don't agree with him on vaccine issues. >>brian: by the way, rand paul going after the hhs and what it

took to get there. silvester stallone was one of the many celebrities to show up saying i can't believe what you were able to pull off. >> we're in the presence of a mythical character and i love mythology. no one on the planet could have pulled off what he pulled off. i'm in awe. i'll 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. without him, he could imagine what the world was going to look like. guess what, we got the second george washington. congratulations! please welcome the president of

the united states, donald trump! >> wow, thank you, wow, sly doesn't do that. he doesn't do that stuff. he did a beautiful job and we're going to turn our country around and make it so great, so strong, so powerful. we're going to bring it all back. i want to thank some people that have been so instrumental in doing such a great job. we have a man who has a seriously high iq. you know i'm a person that believes in high iqs and his is about as high as they get. hhhe launched a rocket three wes ago and went to pennsylvania to campaign and considered this more important than launching rockets. elon musk. another one that's another great mind and great guy and so popular, and i think he's 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 you like people that live a long time, it's the most important position, rfk jr.. and a woman who was a democrat and was independent and went independent and last week she said i want to be a republican because this is what i stand for. i've always admired her and i've admired her because she was loaded up with common sense. we're worried with people with common sense we won by the numbers, tulsi gabbard. >>ainsley: he focused on common sense issues and things we're dealing with on every day basis instead of going so woke, so extreme like the other party did. >>brian: doug burgum great on

epa and lee zeldin and blowing up typical and blocking up rfk and pete and full seizure disorders. >>lawrence: he was not shy of putting people in, he didn't say the names but promised radical change and got to respect the voters and said that's exactly what they wanted. a super majority, he got them.

>>brian: celebrities calling him saying thank you for the endorsement and people tired of the political correctness. day before and it matters and will meet saturday night at usc at msg and wonder if a comedian will open up. i'm not sure. we'll have to see. >>lawrence: at least this election is over. >>brian: will trump get his picks through. we'll ask tom cotton and that's what he looks like. ♪

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do you have an anchor to hang on to as you go through these storms? i do, and that's jesus christ. 50 years ago, i gave my life to jesus christ. if you've never done that, you can do that right now. just pray this prayer with me. just say, "god, i'm a sinner." "i'm sorry for my sins." "forgive me." "i believe that jesus christ is your son, that he died for my sins on the cross, and that he was buried, that on the third day you raised him to life." "and i would like to invite him to come into my heart and live from this day forward forever." "amen." if you prayed that prayer, call the number that's on the screen. someone would like to pray with you and talk to you right now, just call that number that's on the screen. god bless you.

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representing them in the senate and bob casey torches whatever legacy he had with the antidemocratic schemes. meanwhile, pressure is building, brian in the senate as >> how critical for the outethics committee in the investigation? >> no limitation on the senate judiciary committee's investigation including whatever the house ethics committee is generating >> my guess is it

gets out here and they're comprehensive in terms of vetting process that nominees go through. i wouldn't rule out the possibility of that happening. brian. >>brian: so much going on. here to react to donald trump's pick sos far and now the confirmation process likely going in january and incoming senate conference chair, senator tom cotton. congratulations on the position and chairman of intelligence and your thoughts of what we've seen so far in the speed we're getting these nominees.

>> he wants the department asks agencies to work on behalf of the american peep, not on behalf of their own interests and no one should be surprise that had president trump is moving fast and making nominees that shakes things up. that's what he campaigned on. >>brian: let's have it. do the nomination process but quickly. you pointed out in 2009, barack obama set a landslide speed record with his confirmations. can you dot same? >> yeah, i expect us to move promptly and senate sworn in on 17 days before donald trump is inaugurated on november to the. we could have committee hearings on the nominees before president trump is formally inaugurated and submits the inaugurations. on january 20th, after hi

finishes what i assume will be a great enall rale address, he can walk in the capitol and sign the papers that submit them formally. we can vote on them and move them to the floor. in 2009, the senate con if i wered nine of the cabinet nominees in the first 48 hours. i expect we stay in session, work around the clock to process the nominations and make sure donald trump gets his appointees into place promptly. >>brian: israel looks like they de-toroid active nuclear weapons facility in iran with their last hit. i didn't know they targeted that, but it looks as though awiped out iran's missile

defense. iran is threatening to hit israel and the president elect will have to deal with this when he get into office. what's your repped disagreement to take out this weapons program once and for all? >> first i would say israel faces a serious threat for the next ten weeks and i would urge president biden to stand by israel to make sure they're well defended iran is behind terrorist organizations like hamas and hezbollah and iran sex posed in the way it hasn't been for decades and hamas largely destroyed the and the missile forces in lebanon were degraded and iran and hamas destroying

them and destroying iran's air defenses so we should back israel to the hilt and the one thing that president trump has always been clear alaska, just like prime minister netanyahu is that iran cannot be allowed to have a nuclear weapon or even be on the verge of having a nuclear weapon. >>brian: what people should understand when we put up that map of iran, who agrees with what senator tom cotton said? almost every other nation in the area. they see iran as the problem and no one wants them to have nuclear weapons. senator, thanks so much. congratulations on all the change and i look forward to talking to you again soon. >> thank you, brian. >>brian: you got it. meanwhile, the new hhs getting pushback over -- hhs secretary nominee, getting pushback over make america healthy again. rachel campos-duffy spoke at length with rfk jr.. >> no one in the world has the chronic disease epidemic like we

have in this country.

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>>brian: that's pretty amazing. fantast ebbing series going to be available this weekend. fox nation's newest series called the saints presented by martin scorsese, who likes italian movies but hall of l ofe

for humans. >>lawrence: it's streaming this sunday and you can turn yourself into a saint like this. >>ainsley: look how cool this is. >>lawrence: this is me as a saint. >>brian: this is me. >> turns you into a stained glass saint: can i do it? >> yes, please. power vested in you. >>brian: you want to step in? coming down to 48th and sixth, get your picture done. >> do i smile or not? >>brian: what would a saint do? >> look up at the sky. >>brian: janice of ark.

it's creating your photo. >>lawrence: it'll e-mail it to you. >> this is exciting and it's beautiful. >>lawrence: starting at 10:30 all the way to 7:00 p.m. right here on fox square. >> there you are. amazing. >> wow. >>brian: absolutely. >> you are a saint, janice. that is now what you look like as one. >> you look like you can't do final weather because you have to write a letter to the corinthianss. you're going to be very busy. >>brian: we saw two episodes last night and they're fantastic and you know the baseball and know church, you need to know the real life stories. it humanizing he's these fantastic people. >>lawrence: turning the bible into game of thrones. take the bible stories and game of thrones action. >>brian: martin scorsese is almost a biblical historian and stayed true to the story and what you see is not something for viewers, it's something just to tell the real story.

>> can the public come in and get their saint picture? oh my gosh, 48th and sixth. do this! look like this. >>brian: we tried to get ted and they refused to take his picture. you'll not see ted as a saint. >> that's not true. the eight part series starts on sunday. watch it. it is incredible. it's inspiring, and you'll see people you know. we should do it together. >> ainsley, over to you. >>ainsley: i thought you were going to say, by the power vested in you. that's what you normally say, and that would be appropriate today. go out there and turn yourself into a saint. if you're in new york, 48th and sixth avenue from 10:30 today till 7:00 tonight. thanks, guys. great job. president elect donald trump naming rfk jr. as secretary of health and human services. he recently joined "fox & friends" to discuss the quality of the nation's food and how he plans to make america healthy again. >> we have a generation of kids that are swimming around in a

toxic soup right now. and we need to -- we're betraying them. we're supposed to be taking care of our kids. we're letting these industries corrupt our agencies and mass poison them. you know, nobody in the world has chronic disease epidemic of the kind that we have in this country. >>ainsley: joining us is "fox & friends" weekend cohost that spoke to rfk jr. in august, rachel campos-duffy. >> morning, ainsley. >>ainsley: you have nine children and i have one. that's scary when you hear him say that, i don't want them swimming around in a cespedes cf carcinogens and chemicals. can he make america healthy again? >> yeah, listen, ainsley, it's happening. you're so right, this was the genius of the trump campaign. the democrats said we need women, let's talk about abortion.

and donald trump said no, we're going to talk about something else that affects women and moms and families and anyone that wants to be healthy every single day. let's talk alaska the chemicals in our food. talk about all the toxins that are running around in our food. ultra processed foods and big pharma and big food and how they collude to make us sicker. this is the most bipartisan pick on this cabinet. there's a reason. i look at my own family, ainsley, my liberal sister-in-laws that voted for bernie sanders voted for donald trump on this issue alone because being healthy is a bipartisan issue. i believe rfk jr. is being rewarded for his courage. i think this pick is also a revenge on the lies that so many bureaucrats in the health department and federal governments and all the lies they told us during covid. rfk jr. was fearless in exposing fourth quarter chips act, that was consider -- fauci that was

considered this untouchable figure and said anything bad, you were antiscience because he said he was science. and now rfk, the guy that wrote the book exposing the corruption of anthony fauci and corruption around the pandemic, is now leading what is, get this, ainsley, the biggest department in our federal government. we spend more at hhs than any other department, more than defense, more than transportation, more than any department -- even energy. we spend on hhs and that's because so many americans are sick and this is an amazing moment. by the way, my favorite meme since he's been nominated is a meme of nancy pelosi on a phone, i guess talking to her stockbroker, who is paul pelosi saying sell seed oils. this is a transformational moment in america, and i think it's a brilliant pick. brilliant and courageous pick. >>ainsley: i agree with you too. hhs oversees 13 agencies, fda

and cdc included and they're responsible for caring for undocumented migrant children at the border. we talk about it all the time and just last year -- in 2024 so far this fiscal year, 111,000 undocumented migrant children at our border coming into the country and don't know where they are. in 2021, almost 150,000. these kids sometiming end up in slaughter houses, factories, construction sites doing all the dirty jobs and working for families and we don't know where they are, rachel. what are we going to do about this? >> well, i asked donald trump in an interview i had with him and will and pete in bedminster this summer. i said what are you going to do about it? with are you going to promise to find the children? he said that's easy. yes, i absolutely will. he's in a really great position to set up a missing child or missing children task force. i think he'll do it, i think he'll find them, and it'll be a

real transformation from javier who told his bureaucrats, he treated the children as if they were going through an assembly line. he said, you know, if you were working for ford, you'd all be fired if it was a ford assembly line. get them through and vet them through. he didn't care who they gave the children to. they didn't vet the people or do dna test. they fought against dna testing, i believe rfk jr. has a heart for children and he's taking on chronic disease for children, and i believe he'll take on this missing children task force, which our country needs because this is a scandal of epic proportions. >>ainsley: we'll be watching this weekend. thank you so much, rachel. >> thank you, ainsley. take care. >>ainsley: you too. can testimony from the marine can testimony from the marine that trained daniel penny in this trial make a difference? we have a live report coming up next. evan, my guy! you're helping them with savings, right? (♪)

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>>brian: the danny penny manslaughter trial resumes at 10:00 a.m. after jury got to see penny being interrogated by police. >> good morning, guys. what we know, daniel penny back in court at 10:00 a.m. and a little over an hour from now much yesterday, joseph camalaa, a retired sergeant that taught

penny martial arts and served with him took the stand. he said marines are taught to use a blood choke, which cuts off blood flow to the brain within 13 seconds and causes an opponent to lose consciousness. once they happens, they're supposed to stop applying pressure or can cause death or injury. when the defense asked if penny was applying them fully to go unconscious, he responded not from what i can see. jurors were shown the video of penny being interrogated by police just hours after the choke hold death. at the time, penny did not seem to know yet that jordan neely had died. >> i'm not trying to kill the guy. i'm trying to deescalate the situation. i'm not out here trying to attack people. i felt the need that this guy was going to hurt and kill people and i'm just trying to keep him from hurting anybody else. he's threatening people. reporter: the marine veteran

faces 19 years in prison if he's convicted and he of course pleaded not guilty. back to you. >>brian: hopefully justice is is done there. laken riley's murder trial gets underway over in georgia. we have analysis next. >>ainsley: first, check with dday dana perino for what's coming up in the top of the hour. >> i love your show and you have a good one. president biden meeting with leaders of japan, south korea kansas city chiefs and peru in final meeting with president xi of china tomorrow, president elect trump will be the elephant in the room and see what happens there. trial for illegal immigrant accused of murdering laken riley and that suspect goes on trial bench today after waiving rights to jury and aurolawyers will explain that and walk us through statements and potential witness temporal integration and court set to begin at the top of the hour and we'll bring you inside the courtroom. plus, it's national adoption month and an arkansas woman adopts a 3-year-old girl and

become as mom after the girl spend over 300 days in foster care. we have the heart warming story for you when we see you at 9:00. here's why you should switch fo to duckduckgo on all your devie 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.

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the savings are unbelievable. i could see the costs side by side. now that we know that it's a free service, ehealth is just i think the best. (♪) (♪) ehealth, your medicare matchmaker. >> lawrence: the trial for the murder of 22-year-old georgia nursing student laken riley begins in minutes.

the suspect, ibarra, was escorted into the courtroom last hour. tuesday's pre-trial he waived his right to a jury trial leaving his fate in the hands of the judge. former federal prosecutor joins us now. so counselor, why did he decide to do that? he felt like he couldn't get a fair trial because of the evidence against him? >> you know, lawrence, that's a great question. the reason generally is because there is so much evidence against them they know they'll get convicted in front of a jury. we called this back if my day when i was assistant d.a. a sri plea. that's what it is. they're trying to preserve appeal rights. put some of their issues in front of the judge that maybe the judge wouldn't have let in front of the jury so that they have additional appeal issues to appeal on later. >> bill: counselor, the thing that caught me by surprise as we learned about the gloves. it suggests pre-immediate --

premeditation. that's the indictment charged him with aggravated assault with intent to rape. they must have information they believe will overcome all doubt, all reasonable doubt to convince now the trier of fact, the judge, that he is guilty of killing her but first attempting to rape her. those gloves and all the other evidence including the peeping tom evidence suggests that he was hunting, literally hunting for a woman to attack and sadly tragically he found laken riley on the trial at uga that day. >> lawrence: on what grounds did the defense get they were able to get the dna and cell phone data tossed out? the judge denied it. >> those are -- every defense attorney makes that motions.

the motions stated the evidence was obtained illegally. they didn't have any rationale behind it and why the judge denied the motions and i'm confident that evidence will hold up. i'm wondering whether we'll hear that dna might have been evidence from underneath laken riley's fingernails which means she fought for her life. interesting to see if there are wounds on his body. we'll hear about that fairly quickly. if the judge allows opening statements the prosecutor will be laying out every piece of evidence that they have and we are going to hear about the horror of that day in full detail that we haven't yet. >> lawrence: why wasn't the death penalty on the table here? >> that's another great question, lawrence. that's because of the d.a. and jurisdiction. ironically she was just defeated for election a couple of weeks ago. i don't know what would have happened if the new d.a. had been in place. the former district attorney, elected district attorney didn't believe in the death penalty and

refused to even consider it in this case where i think it should have been considered. >> lawrence: can the feds get involved with this? a new administration involved now going to take office quickly. can they get involved? >> i don't think so. i don't see any federal jurisdiction or any crimes that meet the definition here. >> lawrence: counselor, thank you so much. we'll follow this case through. this became the center stage of the former president's campaign and a lot of people are wondering if they can get justice in this case. thank you so much for your insight on this case. >> thanks, lawrence. >> lawrence: we'll following it as we hand it to bill hemmer and dana perino. we're also following the appointments of the president-elect. tune in to "fox & friends" weekend. see you monday. >> dana: spotlight is his.