♪ >> lawrence: thanks for helping him out, ainsley. >> ainsley: brian has lint all over. >> lawrence: lawrence let us know. i got your back. 7:00 a.m. on the east coast. thursday, november the 21st, and this is "fox & friends." today on capitol hill, senators hold a hearing on the threats to homeland security. >> ainsley: this after a georgia judge finds laken riley's murderer guilty sentencing him to life behind bars. >> never should have happened but it did because of bad policies of this administration, which is quite honestly outrageous but i am thankful that justice was swift here. >> steve: it was swift. plus, a new york city police department officer is shot and a stabbing spree terrorizes this

city all by alleged criminal criminals. alvin bragg the d.a.'s mispriorities as daniel penny's trial resumes today in new york. >> brian: he has a problem with daniel penny but what about the others. pennsylvania county commissioner who openly admitted to counting illegal ballots now walking back her comments with tears. >> we all say things that are out of turn. we all make mistakes. i made a mistake. >> brian: why are you yelling at me? if you made a mistake don't yell at me. thanks. all right. i move on now. how residents are calling out democrats' blatant abuse of power and i'm not done yet. the second hour of "fox & friends" starts right now. get dressed. ♪ >> ainsley: happening today, the senate is holding a hearing on threats to the homeland. >> lawrence: this includes those from foreign adversaries, the migrant crisis and more. >> steve: alexandria hoff joins us live from the white house

with a look ahead at what happens at 10:00 this morning. >> good to be with you, yeah. this is happening, as we understand that the incoming trump administration is interviewing candidates for fbi director, vice president elect j.d. vance. he end kited as much in a post that he later deleted. current fbi director christopher wray is going to be testifying today addressing worldwide threats to the committee on homeland security. homeland security secretary, of course, mayorkas is going to be taking questions as well, which is likely to drum up a debate on president-elect's plan to enact a mass deportation effort. his first day in office. president-elect has stated he is open to declaring a national emergency and use military assets to organize the effort. illegal immigrants with criminal records will be of priority, according to incoming border czar tom homan. now, according to source data and reporting by fox news' bill melugin so far this fiscal year there have been 194,000 got-aways. 1.8 million known got aways

under the biden-harris administration. now, the impact the border has had on drug smuggling has been a plaguing concern all the while. so far this year there have been more than 61,000 deaths attributed to fentanyl. president-elect trump has nominated south dakota governor kristi noem to replace mayorkas. nome has called the u.s. southern border a war zone. so threats posed in china and iran as well as they are likely to be points of questioning, points of questioning at this hearing that starts at 10:00 a.m. and the head of president trump's -- president-elect trump getting elected here, there has been this report out from a u.n. watchdog that iran has been upping their nuclear capabilities, so certainly a lot to discuss here. both domestically, the threats that have come in from outside and also outside that are seeking to come in on the today we discussed, guys. >> steve: alexandria, are there any spots aren't threatening us? >> that's a good point.

i think we have some friends in europe, yeah. >> brian: roadno threats from a. >> steve: as she just said it sounds like our southern border, which has been a national security issue is going to be coming up later today because mayorkas is going to be there and republicans are going to say hey, how do you feel about you always saying the southern border is secure and, yet, all these migrants have come in and many of them have been accused and convicted, particularly yesterday, of crimes? >> ainsley: yesterday, down in athens, georgia, the judge took 20 minutes to sentence -- to find that guy right there right there jose ibarra guilty and then to sentence him. this all happened so quickly. he murdered laken riley back in february. this case is already tried. he is already sentenced. it happened very quickly. yesterday, was very emotional. laken's step-father, her father, her mother, her sister, i believe that's her sister in the

striped sweatshirt or sweater, her best friends, they all spoke and they were talking about how chilling it is to be in the same room with a guy who took their sister their loved one's life. as a mother to a little girl, i cannot imagine how laken's mom feels. she told the court, she told ibarra, you took away my best friend. and she talked about the fear that her daughter must have felt and that her daughter died alone. listen to this. >> there is no end to the pain, suffering and loss that we have experienced or will continue to endure. our precious daughter was attacked beaten and shown no mercy. she fought for her life and dignity and to save herself from being brutally raped. this sick, twisted, and evil coward showed no regard for laken or human life. your honor, i'm asking you to

please give jose ibarra the same thing he gave us when he made the choice to take laken's life and destroy ours. he showed no mercy on laken when she was begging for her life. [sobbing] had. >> steve: no mercy. and it sounded like she wanted the death penalty. however, because there is a progressive d.a. down there, he is only winding up with life in prison with no chance of parole. of course in the future, that might change. but there are lawmakers in georgia who are calling on the attorney general there to reverse that. and interscreen and demand the death penalty. >> brian: that is colton moore. he says i'm calling on the attorney general to file an emergency motion to intervene and demand the death penalty for this killer. convicted killer. and if you want to just know what we're up against, that gang member from that brutal venezuelan gang sat there in a plaid shirt, listened to all of this and had no remorse. there is no remorse there.

there is no regret there. seems like we are bothering him by putting him on trial. and we all got a quick look at the dangers at the border. can't marginalize what people are saying and come out with stats that say illegal immigrants are less likely to commit crimes than legal americans with their paperwork done because we know what they are capable of and every one of these murders or these rapes are all preventable. governor brian kemp weighed in with lawrence a short time ago. >> this one hits close to home for us. you know mardy and the girls and i live in athens, georgia. we know the judge. we know the deputy that was standing right there in the courtroom. we know the phillips and riley families. our daughter is a senior at the university of georgia even when i was on campus marty and i were in the area where she lost her life. i can't tell you how many times. this is a bittersweet day. this is a tragic event as you and your colleagues have been saying. never should have happened.

but it did because of bad policies of this administration which is quite honestly outrageous but i am thankful that justice was swift here and the judge moved so quickly. >> lawrence: one thing that i think people are missing with this case is tren de aragua, clean-up is reportedly he is a part of, they work within the prison system. so we're putting them in prison to go back to people that are operating within the prison. this is like a gift for him. this is why they need to evaluate the death penalty. are you going to have him in isolation? what's going to happen? because you may be turning him into the criminal enterprise where he can still invoke harm. they communicate on the house. we know they are here. so i just don't understand the logic behind this. i know they want to reimagine the justice system, but that makes zero sense to me. >> brian: i also think it's also important to understand that there was one person, one president that called, that got in touch with. >> ainsley: with laken's family?

>> brian: with laken's family and one put out on truth social about the feelings about the conviction and sadness he feels for the family as donald trump. you still don't have the biden administration even responding to though. >> lawrence: no calls. >> brian: how about tone deafness yesterday launched a new ice app. allowing illegals in december to bypass in person check-ins making it harder to track them. and with the check-in you don't have to give up your background. you don't have to talk about if you have any outstanding warrants. they have no way of checking as a warrant out for your arrest. and 100,000 migrants are immediately rolled in the first wave of the program and there is 58,000 illegals living in new york city. so he, to the end, is for the illegal immigrants. that's his policy whether he knows it or not. >> ainsley: being from the south, like this whole east coast, this is my world. this is -- these are my people. and this is our -- new york was always our mecca when we grew up down south. if you got the chance to go to new york it was so fun to go and see the lights and a show maybe.

to know that this guy, who is right over here at the roosevelt hotel and then he left there and we paid for him to take a flight down to another beloved area, which is georgia, and live near the campus, which is such an awesome campus in athens. uga, when we would go there in carolina would play, we would have so much fun in athens. this guy lived there. and we were paying for him and his brother and they are a part of this gang. and he goes into this park that looks like a beautiful park. and he attacks this girl who is running like we all do or we all walk in the park and exercise it. could have happened in central park it. could have happened in this gorgeous park. and he pulls her aside and he thinks because he wants to sleep with her and brutally attack her, and please himself, that he can just throw her on the ground and brutally attack her and try to have his way with her and then bash her head in with a rock. this guy is here illegally and all these governors from democratic cities and they say oh, well it happens sometimes, and get over it. and we're going to be a sanctuary city. this could happen to your daughter, too. if this is your child and your

life could change forever like laken riley's family never be the same. >> brian: governor healey that's why tom homan was on last night she said sometimes things happen. >> ainsley: yeah, sometimes things happen. >> brian: j.d. vance returns to capitol hill. happening this morning ongoing effort to sell lawmakers on crucial cabinet nominees like pete hegseth. >> steve: this visit comes one day after mr. vance and attorney general picked that guy right there. matt gaetz made the rounds with key senators trying to drum up support. >> ainsley: alexis mcadams is in palm beach, florida with the latest for us. hey, alexis. >> hi there, good morning. yeah. this could be the president-elect's most controversial pick at this time, right? former representative matt gaetz, you don't have to look far to figure that out. just look through the headlines a lot of people on both sides, specifically democrats though who r. not happy with trump picks gaetz as the top cop of the united states? but, trump said on truth social, you guys, this is what the radical left does. they pick someone, they dirty them up and they try to run them

and then they spit them out set. focused on getting gaetz confirmed in the coming months. this comes as he made a stanley stop upon capitol hill. see him walking around with vice president-elect j.d. vance trying to push this confirmation through. can you see gaetz there in d.c. meeting with republican senators on wednesday. he looked pretty confident walking through the halls there. is he trump's pick for attorney general. a huge position in this country. he was with j.d. vance who is focused on doing everything he can to get gaetz confirmed. gaetz telling fox he is speaking with senators about how he can end the weaponization of the doj and says things are going pretty well. watch. >> senators been giving me a lot of good advice. i'm looking forward to a hearing. folks have been very supportive. they have been saying we are going to get a fair process. it's a great day of momentum for the trump-vance administration. >> we will see how that plays out. this comes as the house ethics

committee few hours yesterday deciding not to release the report over allegations of sexual misconduct and illicit drug use which gaetz has repeatedly denied. there were several rounds of votes before it was decided. that report is not coming out yet. >> the chairman has essentially suggested that there was agreement of the members of the committee, which there most definitely was not. >> trump's pick for treasury secretary is also widening here. looking at three names, according to various reports. that would be kevin warsh, a former member of the federal reserve's board of governors. mark rowan, who is the ceo of a private equity giant called apollo global management. that role would give rowan huge voice in private markets trump is looking more seriously at the republican senator from tennessee that's bill hagerty. he is a former private equity investor. he was trump's ambassador to japan last time around and now a top contender. out here live something new this morning ised that the former president and now

president-elect trump is eyeing an official crypto czar. this would be somebody that would be focused on crypto skyrocketing leading up to the election. that's why trump went to crypto-currency bar and used crypto-currency to pay for burgers in the city where you are. top of mind and important to a lot of people on croirns policies. >> steve: alexis we need crypto czar to explain to the rest of us. >> if you know who it is, tell them to call me. >> steve: thank you very much. speaking of ambassadors, two were named by the president yesterday. matt whitaker, our friend, who has been on the program for a long time over the last couple years. former acting attorney general. he has been named the ambassador to nato. and pete hoekstra from the great state of michigan, running for senate in that state did not win it he is going to be the ambassador to canada. >> brian: he was ambassador to the netherlands did a great job straightening out mitch began the best he could.

the republican party is still a mess up there. he is a good friend to the president. he is going to be in canada. hey, look, it might not be easy. there is a little friction. >> steve: i'm still looking for the next ambassador to pickleball. because that will pretty much dictate. >> ainsley: are you up for that? >> steve: i would like to think so. >> brian: is that a full-time thing? would have to go every day and try to sell pickleball? >> steve: people play pickleball. >> brian: you take pickleball czar over this. >> steve: don't ask. you don't want to hear the answer that is a great job. millions of people saying yeah, i would take it too. carley, you know pickleball. >> carley: sure do. live in new york city. everybody plays it here. we do have serious news to get. to say starting with a fox news alert. just moments ago the international criminal court issuing arrest warrants for israeli prime minister benjamin netanyahu and his former defense minister yoav gallant for alleged war crimes in gaza. the icc says it has reasonable

grounds to believe netanyahu and gallant oversaw attacks on civilian populations and they allege they use starvation as a tool of war. the court also issuing an waste warrant for a top hamas official. days ago incoming senate minority leader john thune threatened sanctions on the icc if they took this action. a frightening moment in ohio when a driver's truck catches fire and traps him inside. listener to his frantic and eye emotionally charged call to 911. >> on fire. oh my god! >> tell my wife i love her, please, tell my wife i love her. >> oh my gosh. fortunately heroic officers were able to get there in the nick of time pull him out. the victim is in the icu in fair condition. praise god. radio personality c charlamagne tha god believes the state of

new york should put their case against president-elect donald trump to bed. >> hey, hey, new york city just throw the whole thing away. >> i don't understand why they are playing with that man. >> cut it out. >> going to wait four more years? >> who are we fooling? nothing is going to happen to trump. ain't nobody wants to -- nobody wants that retribution that he made to hanging over their heads. he won the election. it is what it is. >> this week manhattan d.a. alvin bragg's office agreed to postpone the case against trump but not drop it. and if you hear about this, pope francis confirming that london born italian teen carlo acutis also known as the patron saint of the internet will officially become a saint next year. the young man, known as god's influencer passed away four years ago after dedicating most of his life to his faith and running a website dedicated to tracking miracles. he will now become the first millennial to ever be canonized. that is something new, guys.

>> brian: wow. >> ainsley: amazing. he was young. >> lawrence: you have to explain to me this process. >> steve: usually you have to be dead for five years. i think you said he has been gone for four years. >> brian: out. game five years. >> steve: same idea. >> ainsley: pickleball, canonized. >> lawrence: resident catholic. [angelic music] brines. >> brian: eyewitnesses to two miracles. >> >> steve: verify the miracles. >> brian: the internet a miracle. >> ainsley: what is he do he followed and tracked miracles. >> steve: with the internet. the idea is he just u.n. veiled the world of religion and spirituality to a lot of people who might not have otherwise seen that. >> brian: congratulations to the family. >> ainsley: in the catholic church you pray to saints. if you lose your keys you pray to st. thomas? >> steve: not necessarily. >> brian: it's in the bible. >> steve: i just ask my wife where did i leave my keys? >> brian: saint anthony.

>> ainsley: saint anthony. >> brian: that works. big lost and found in the sky. got a request? >> ainsley: can you pray to st. joseph and bury the joseph statue in your front yard? is that right? >> steve: i was unfamiliar with that but i looked that up yesterday and the catholic church over by saint patrick's they actually sell a little st. joseph kit so that you can bury it in your yard when you want to sell your house. >> brian: you knew you had to have a kit. joseph, we got an official. you want to know about the saints. we got a series about the saints. what martin scorsese who is really really good at producing great stuff. and this could go right to the top of his resume. >> ainsley: i think there are 8 different series. we went to the movie theater brian. >> lawrence: we saw two of them. >> ainsley: two of them for the miriam. the one dropping this sunday is john the baptist. i'm excited about this one. >> lawrence: that's right.

>> ainsley: he was so close with jesus. but here is a clip from the jailer of john baptist's life. >> come be baptized in the river jordan. >> where are you coming from? >> jerusalem. >> i am preparing the way for another. >> how much longer are you going to let this filth stay alive? >> what do you want? >> his head. >> sign up for fox nation for 1.99 a month. >> steve: there you go. we were in front of the building yesterday. and we did a little quiz for. >> brian: it was good. >> steve: about saints. in fact, i asked a little bit who is a saint who you pray to when you lose stuff and things like that. iit went so well we want to open it up to you out in tv land. who is your favorite saint and why? email us at friends@foxnews.com. we will share some of your

answer. >> brian: who do you think should be a saint? like who do you think is in saint purgatory. >> ainsley: making a suggestion? >> brian: on the deck? >> lawrence: brian, are you asking to be a saint before you die? >> brian: if people want me there. >> steve: listen, if i'm asking to be pickleball ambassador he can ask to be a saint. >> brian: become a saint i want scorsese to do my mini movies. [laughter] >> steve: have to be dead five years. >> brian: what if i step aside as a saint for five years so i can enjoy the ceremony rather than die? can i step aside? the last pope. >> ainsley: you could get resurrected and come back. >> brian: i don't think i could do that join. >> ainsley: is jesus a saint in the catholic church? i would think so many miracles. he is the greatest. >> brian: we're going to find out. >> ainsley: call kathy. kathy taught the classes. >> steve: kathy taught catty criticism. mrs. doocy, call me. ♪

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>> ainsley: we are back with a fox news alert. at 10:00 a.m. daniel penny's trial will resume in new york city. >> the defense intends to call the pathologist. that official will challenge the 9 state's conclusion that jordan neely's death was solely a result of daniel penny's chokehold. this coming on the heels of a drefns forensic psychiatrist who told the jury on tuesday that neely had been hospitalized more than a dozen times for psychotic episodes and abusing synthetic drugs. they also said neely's aggressive behaviors as described by eyewitnesses that day were a result of a psychotic schizophrenic episode compounded by drugs. the question remains whether penny will take the stand in his own defense. the trial resumes at 10:00 this morning, 10:00 eastern time. we'll continue to cover it. >> lawrence: we will be watching it. thanks, ainsley. >> ainsley: yes, we will. thanks, lawrence. >> lawrence: while daniel penny returns to court criminals cause chaos across the street. this week bystander shot allegedly by a man with 17 prior arrests and three others were killed in a stabbing spree after

the alleged suspect was let out of jail just weeks ago. so how can the city explain its misplaced priorities? former nypd lt. and u.s. army veteran dr. darrin porcher joins us now. so, lt.. i mean, it's very clear that we have got a problem with psychotic mental issues. they don't put them behind bars to give them the help they need. we astins have to deal with it. a man on trial as a result of this. when you are dealing with a jury, how is that going to-mile-an-hour behind this as they evaluate this case? >> when we look at the trial of danny penny. this is truly a miscarriage of justice. we have an individual that is standing up for people that were in that suckway car that didn't have the ability to protect themselves. and so when we look he a travesty that is being presented by the mid-atlantic d.a. in prosecuting mr. penny, it begs the question of what are we doing to uphold the social contract? and it's clear that it's not working.

we have crime that's running off the rails in a city of new york. but, we're look at focusing on these low level aspects of prosecuting someone that is a stand-up citizen, that being daniel penny. >> lawrence: you know, i'm always mystified when i look at this case. you had two parties that were a part of restraining this man. you had the marine that put him in the choke. but you also had another person that was there that was holding him down. yet, he was used as a witness in this case and not charged as well. what do you make of that? the challenge the from the d.a.'s perspective is because mr. penny applied the chokehold and that is what they are peer receiving the cause of death would be, that's why he is being charged. ultimately, this is something that is a farce. and i can tell you that it's going to end up with him being acquitted and it sends a bad message to us as common new yorkers don't step in and help low fellow citizens. if you step in and help your fellow citizen, you are going to

be subjected to criminal prosecution by the manhattan d.a. >> lawrence: "new york post" puts it this way. a perp deterioration criminal activities all unfolded in full view of mental health and criminal justice professionals. and yet, for reasons best known to themselves, those officials declined to intervene to keep this individual off the street and they are referring to the guy that stabbed three people. you know these people have mental health i. but, you put them out there on the street for the citizens to deal with. now you got three people that are dead. >> when we look at a place like new york city, which is a sanctuary city, they are more focused on supporting the migrant population that illegally enters the city of new york and not focusing on the mental health crisis that is deteriorating the city of morning. we're under siege. something needs to be done as it relates to these people that are suffering from a mental health crisis. but nothing is being done by the city they are plugging more money into the migrant crisis.

and not towards these people that are suffering these mental health crises. >> lawrence: that's a good point. miss placed priorities and we have to deal with them. lt., thank you for giving us time this morning. >> thanks for having me. >> lawrence: appreciate it. another state governor refusing to comply with trump's mass deportation while alleged child predators are here illegally and bu ♪ t i love my whole body deodorant. really? mine stinks. look. here. try secret whole body deodorant. it doesn't leave an icky residue. and it actually gives me 72 hour odor protection... everywhere. secret whole body deodorant. lowe's knows the most wonderful time of year ends up being the busiest time of year. that's why we're offering savings on select whirlpool appliances that help you sleigh the holiday season. save at lowe's now during our black friday buildup event in store and online. do you have high blood pressure? if so, you're at greater risk of developing afib, one of the leading causes of stroke. detect afib with kardiamobile,

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a bomb cyclone is what they are call it. moving in towards british columbia bringing heavy rain to california and the northwest. these beret souls, come on over here. what's your name? >> david rehard. >> where are you from. >> arkansas. >> where is your wife. >> she is in bed. >> janice: she is smart. what's your name. >> bob frazier from plano texas. >> janice: why are you out here. >> see why brian puts up with so much guff from gutfeld. >> janice: brian kilmeade did you hear that question why you put so much guff from? what is a guff? >> janice: guff from gutfeld. >> asked by management because of his self-esteem issues and he feels better when he goes after me, especially when i'm asleep. >> janice: that seems very rehearsed. >> brian: right. >> thanks so much, guys. >> janice: good job. >> brian: you are done, janice, i'm sorry. it's raining, i can't believe it.

>> janice: it is very rainy. bye. >> bri brian 22 minutes before e top of the hour. migrants arrested for child sex kwr58 abuse charges. blue state governors refusing to cooperate with trump's immigration effort. >> would the massachusetts state police assist in mass deportations? >> no. absolutely not. i think that the key here is that, you know, every tool in the toolbox is going to be used to protect our citizens, to protect our residents, and protect our states. and certainly to hold the line on democracy and the rule of law. >> brian: and protect your criminals. why not? here with reaction, former ice supervisor and whistleblower during the obama administration jason piccolo. jason, your reaction to the tone deaf i don't want to lead the witness. your reaction to the massachusetts governor? >> they are going to do anything buck bass against the system any trump or republicans. listen, she said citizens there.

if you push this down to a local level, these are people who are here illegally that are removable and ice needs to the help from state and locals. there is not enough resources from ice to take on this responsibility themselves. so they are bucking back at the cost of us. >> brian: i mean, you are talking about criminals. you would think she would say listen, we want criminals i will help wherever i can. somebody somebody on the back of a landscaping truck that's here. that's not going going to be the focus. everyone knows that's not going to be the focus. boston mayor brazilian illegal alien convicted of child rape in 2022. fled to the u.s. is there. looking to protect him. it's unbelievable what is happening in massachusetts by that leadership that gets elected every year. then you see the laken riley trial. you see that could have easily have been any other 22-year-old. it could be yours. it could be somebody else's watching right now. this is what tom homan is trying to say while is he border czar. is he trying to protect the american people from the criminal element and get control of our border. here's what he said last night.

>> laura, a lot of people ask me why i get so emotional when i do fox news. why i scream at members of congress, because i have seen so much tragedy. i have talked to hundreds of angels of moms and dads who have buried their children because they were killed by illegal aliens, this is the latest. i have talked to little girls as young as 9 years old that were raped multiple times by members of cartel, when you look in her eyes, everything innocent and pure has been ripped from her soul and her life will never be the same. i mean, it's just -- i'm tired of it. >> brian: you understand his feeling, don't you? >> i do. i was a fugitive operations supervisor under tom. and when we had mandates go out, it was always a mandate to go after criminals. criminals, people who are removable for criminal offenses. these are removable aliens who we are going out to with a removal order. that is what these mass deportations are going to be. they are going to be after criminals. now, detainers are one of ice's

biggest things that we could use. and whether you have these states that are going to be bucking back against trump, they are not going to honor detainers. we need to have detainers to keep people who are removable or can be removed in can custody. >> brian: mawnks going to be testifying on capitol hill. the committee is going to be focusing on scathing report revealed the rampant fraud and abuse that the biden administration and administration, unlawfully let people in from cuba, haiti, nic rag bra and venezuela. because those are failed states and we feel as though it would be great idea to let them in with special -- >> your reaction? >> this is special -- half a million people. us c.i. s employee who has to approve these. they have to because they are afraid of getting pushback on themselves and losing their career. how are we going to vet those 500,000 people? what about those people who are waiting in line for immigration for 10, 12, 20 years to get over

here and all they had to do was just apply through a fraudulent way, maybe go in through cuba or venezuela? this is -- it's saddening and sickening. >> brian: thing is, jason, we can't go into their background. they are part of the cuban government. do you think haiti is keeping great records? they don't have a government. nicaragua, do you think they want anything but bad things for america the communist failed country and venezuela, by definition, maduro is corrupt. he just ran a fraudulent election and broke the deal that we had with them. most of the gangsters are from venezuela. why do we have a -- why do we seem to displace such self-hate? >> 500,000 people, can you imagine you cannot vet 500,000. you can't vet the millions coming to the border. like you said, we can't get the back grounds on these people coming from these countries, not at all. and the people who would do the vetting for this would be c.i. s employees. how many law enforcement people work for c.i. s?

none that i know of. how are we going to vet these people? who is going to interview these people are law enforcement forensic interview? nobody. not 500,000. there is absolutely no way. there is no resources. >> brian: there will be. we know ice is going to really bulk up and we also know, sadly, we have another 1500 member caravan coming to our southern border right now. jason piccolo, thank you. all right. meanwhile, straight ahead, the pennsylvania county commissioner who openly admitted to counting illegal ballots now walking back her comments, as residents blast the abuse of power. we're sick and tired of one side facing consequences for actions. where are the consequences for your actions? [applause] be seamless. save on lg's first ever zero-clearance refrigerator that has near flush installation for the ultimate built-in look. save at lowe's now during our black friday buildup event in store and online.

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>> steve: all right. still counting, pennsylvania democrats that man right there would be casey stem holding out hope in the recount despite the state supreme court telling counties to stop defying its order ruling mail in ballots without signature and proper date cannot be counted. and that bucks county commissioner who admitted to ignoring the law is now trying to china up her comments. listen. >> we all say things that are

spoken out of terms. we all make mistakes. i made a mistake. because i'm an elected official i'm held to a far higher standard than anybody else. >> steve: why was she yelling because apanchtly community members have been yelling at her. >> how can the american people believe in the integrity of this election which the commissioners promise to disregard and break the law the answer is they cannot. >> we are sick and tired of one side faces consequences for actions. where are the consequences for your action? [cheers and applause] steve all right. to talk about that action, fox news legal editor, kerri urbahn. kerri, good morning to you. >> good morning. >> steve: this is one of the problems people have had since 2020. what are they doing in the back room? well, in pennsylvania they were counting votes they weren't supposed to be counting. >> that's exactly right. the longer this goes on the more distrust in the system increases

that woman is exactly right. this is what people were concerned about. so, what we're seeing happen in pennsylvania is actually confirming, i think a lot of people's worst fears. and they were told they were crazy to have at all. which is why the rnc has been doing there has been very effective for months. they had a great ground game. they were there watching every step of the way, filing all kinds of cases that were quickly resolved. it was impressive. but, steve, can i tell you what i still can't believe in this whole situation? think are not -- we're not just in a recount. they are still counting votes from election day while they did the recount. bob casey said this on tuesday and i thought okay, this is crazy at this point. we're counting those votes plus doing a recount? why can't they get it together over there? >> steve: no kidding. we know that every state is different. every state has different rules. the commonwealth of pennsylvania came out and said you cannot do what you're doing and they kept doing it anyway. and now apparently there is a

17,000 vote margin for dave mccormick. let's see how this all turns out. in the meantime, kerri, something else we want you to weigh in. the difference is a little over 16,000 and the race has already been called by the associated press and i believe fox as well. meanwhile, donald trump's lawyers yesterday sent a note to judge merchan asking them to immediately throw out his case where he was found liable. the hush money thing. they say it's unconstitutional. explain their thinking behind that. >> there are a couple aspects to this. one, they are arguing that it's just not in the best interest of the country for this case to proceed anymore just because of the obvious. you have president-elect. someone taking office quite soon and it's bad for the country for this case to continue given that the people resoundedly spoke a few weeks ago.

the on or about aspect is that doj has a policy indicting, not prosecuting the sitting president. we know it doesn't technically apply to the states. you should have that same approach towards donald trump. in light supreme court immunity ruling i he should be immune for that addressing that specifically, you have to remember there was a lot of evidence introduced at trial that involved conversations that donald trump had after i was president. and looking at the supreme court decision, it's quite possible that those conversations would, in fact, be immune and be protected, so the challenge now becomes unraveling, who the jury relied on in their verdict if they were relying on those key meetings or conversations versus something that happened before he was president. so that in and of itself is a huge problem. look judge merchan, you have all of these off ramps, just take one, please. >> steve: here's the thing. alvin bragg, it sounds like

alvin bragg would -- is essentially saying okay. be president. i will see you in 2029. or -- 2029? is that right? 2027, whenever it is. at the end of his term. >> right. >> steve: alvin bragg may not be the district attorney for manhattan anymore. and so, you know, it will be interesting to see what merchan does ultimately, kerri. >> right, as a judge he -- this is what judges are supposed to be doing what is fair. it is not fair to have a sentence hanging over anyone's head whether it's donald trump or someone else. if he wants to sentence him, fine. but, it not, he needs to make a decision either way. limbo business in the interest of justice is just not a good thing. >> steve: 2029, think about it. kerri, always a pleasure. thank you very much. >> thank you. >> steve: she does -- carley, she does a very good job explaining complicated issues. >> carley: she sure does. mark it down in your calendar four years from now. >> steve: steve, the 58th annual

cma awards took place last night in asheville. morgan wallace took home the biggest prize entertainer of the year. jeff bridges accidently botched his name on stage. >> cma award for entertainer of the year goes to morgan what wallen. >> bridges accept the award on his behalf. jelly roll rocking the stage in a fiery performance with keyes urban and also showing off his impressive weight loss ♪ only going higher. >> carley: country star says he has lost over 100 pounds since embracing a healthier lifestyle. and eric church performing an emotional rendition of darkest hour in honor of north carolina residents impacted by hurricane

helene. >> don't give up ♪ don't give up i'll do everything in my power ♪ to take even a minute off your darkest hour. >> carley: church has pledged to sign over all royalties from darkest hour to the state of north carolina. so make sure you download that song, steve. >> steve: great idea. all right, carley, thank you very much. >> carley: you are welcome. >> steve: stepping aside judge jeanine in the third hour of "fox & friends" coming up. ♪ type 2 diabetes? discover the ozempic® tri-zone.

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