of mr. gaetz saying don't put it out and it is a problem? >> no, i have stayed out of that. i will stay neutral and not put a thumb on the scales of these investigations. >> now johnson says he doesn't believe that the report is done. there is an effort by democrats to force a vote in the house to pry loose that report from the ethics committee. something that mike johnson opposes and will argue against. he says regardless that vote will not come until after thanksgiving. gillian. >> gillian: chad pergram, thank you. >> sandra: great to be with you. i will be back at 1:00 today and we have karl rove, steve moore and a whole lot more. robert wolf joining us then. great to be with you. i'm sandra smith. >> gillian: i'm gillian turner. "the faulkner focus" starts next. >> harris: we saw a commissioner in pennsylvania yesterday admit criminal situations going on

there. so we begin with the criminal activity in pennsylvania's senate recount and now it has the attention of voters. i'm harris faulkner and you are in "the faulkner focus." a bucks county board of commissioners meeting turned wild yesterday. dozens of people showed up to express their anger at two democratic members who openly are defying the state's ballot laws. they are bragging about it. >> you thumbed your nose at the voters of bucks county and broke the law. >> how can the american people believe in the integrity of this election? we cannot. the commissioners mart be sign immediately. >> we the people will not accept your apology, diane. >> i have a message. peacefully, peacefully we're coming for your seat in 2027. if you don't resign today.

>> have at it. >> i'm coming for your seat peacefully. we won't allow democrats to steal this seat from us. >> harris: if voting were not enough they are showing up in numbers now. voters say you will hear their voices. those officials who are under fire are continuing to count undated or misdated mail-in ballots or disqualified ballots. it is a close senate race between republican dave mccormick and democrat bob casey. we have called it here for republican mccormick. after the u.s. supreme court ruled what they are doing right now is illegal. it's illegal to the highest court in the land and still they flout the law, brag about it on camera because we've seen that one commissioner do that. she was very proud. the bucks county republican chairman said the governor has done too little too late. where is governor shapiro, by

the way. >> i wish he said earlier that he supports the supremes, everyone knows the law is the the law and when they first did this, these four counties, his comment was they're damned if they do and damned if their they don't. after the supremes came out of again he was on side of the law. be with the law, not his opinion. >> harris: nate foye is here with more reporting. hard to believe it is an option to break the law. the rest of us don't have that. these commissioners do in pennsylvania. >> certainly a lot of people are really upset about this. the bucks county democrat who indicated that she was willing to break state law and count ineligible ballots apologized during a meeting yesterday. listen to this. >> when i spoke at the meeting that you are all here about the passion in my heart got the best of me and i apologize again for that. it was genuinely not the best

words. i would do it all again. i feel terrible about it. i should have been more clear. it was my poor choice of words. >> the commissioner saved she let her emotions get the best of her after the state supreme court ruled that undated or misdated mail-in ballots could not be counted. here is what the commissioner said last week that has some in bucks county and people across the country accusing her of trying to steal the election. >> mostly because i think we all know that precedent by a court doesn't matter anymore in this country and people violate laws any time they want. so for me if i violate this law it is because i want a court to pay attention to it. and there is nothing more important than counting votes. >> people at the meeting yesterday were not happy with those comments. they akiss you had commissioners are targeting conservatives for years. many called on them to resign or face criminal charges. >> you knowingly, openly and

willingly participate in election interference with little or no resistance from the minority member. you show your contempt for the electorate. >> pennsylvania counties now promise to follow state law in the mandatory recount. senator elect dave mccormick leads senator bob casey by more than 16,000 votes. three counties are already done with their recounts, finished. each candidate gained a single vote. now more than a dozen legal challenges involving thousands of ballots remain open now. if you add all of those up. all the ballots in questions from the lawsuits it doesn't amount to the difference between the two candidates. the final recount results are expected next wednesday. we'll send it back to you. >> harris: that's confusing. why do it? oh, we know, politics. i can't believe she said that. precedent and court of law

doesn't matter anymore. holy cow. man, she just wants her state to get sued. nate foye, thank you. fox news alert here. the illinois supreme court has just overturned -- remember him. actor jussie smollett, the conviction that he had for orchestrating a hate crime hoax in 2019 that burned resources in his city, in chicago, did all sorts of things and it was all a lie. smollett was convicted in 2021 on five counts. sentenced to 150 days in jail. released after only 60 behind bars while he appealed his case. monthlyette's attorney said in a statement it was not a prosecution based on facts, rather a vindictive persecution and such a proceeding has no place in our criminal justice system. we're pleased that the rule of law was the big winner today and thankful to the illinois supreme court for restoring order to illinois's criminal law

jurisprudence. kerri urbahn is with me now. what happened today and what does this mean for smollett? >> conviction is dismissed on procedural grounds. it is a pretty significant decision by the illinois supreme court. i will get to that in a minute. i want to talk for a moment about my personal experience with this case. i was at the department of justice at the time when the jussie smollett story blew up. i was head of communications and i was getting tremendous pressure from folks on the outside to announce that the department was going to open a hate crimes investigation. of course that decision had not yet been made but i was getting bombarded with that question. the local people we were working with at the time and the f.b.i. were getting a lot of questions as well and wanted to say they were going to take a look at it. i had a bad feeling about the facts as i was watching them like everybody else on air.

let's take a step back, let's take a deep breath and wait 24 hours. there is something about this that is not adding up. as it turned out, that was in fact the case. he made these allegations up, that he had been attacked. we all know the story. today the state supreme court -- i am just reading through the decision as we speak. i'm not finished yet. just a top line overview. they were considering whether a dismissal of the case by a -- allows the state to bring a second prosecution. what does that mean? there is something that a defendant can work out with the state prosecutor an agreement the state will make with someone to not prosecute them. not an acquittal, just a deal. this deal was made initially with jussie smollett. the state came back and effectively prosecuted him again. is that a violation of due process. he held up his end of the bar

dan. the supreme court said it will not work. we therefore reverse his conviction overall. >> harris: just quickly, does this mean that we are then to believe that he was lying and he gets away with it and all those burned taxpayer dollars and both on the case and those people who were looking for what he said were the two people who went after him and hate crime was tossed around, did they go after him because he was black? well the alleged perpetrators were black. and none of what he said was true. so does he just get away with it or does it mean what he said was true? does that judge now believe in man was attacked in some sort of hate crime by black men? >> i think this case again is really about the deal that was worked out on the front end. they are saying you can't make a deal and say you aren't going to prosecute someone and turn around and prosecute them.

that's the heart of this decision. because of that, the conviction has been overturned. but i don't think -- that's a very separate issue than what you are getting to which is him lying and doing all these shenanigans. we know what actually happened. >> harris: you are describing a legal maneuver played early and now has come to fruition for his defense versus what i'm talking about the truth. >> that's right. >> harris: it doesn't change the truth that he lied. wow, kerri, i'm glad you are here and making your way through it. i will pull away to get to our reporter on the story matt finn. kerri was in the justice department and you were on the ground from day one. >> i just spoke to jussie smollett's attorney says it is a win for them. i was speaking to him last night in anticipation of the ruling today. he said he felt like the illinois supreme court was going to rule in their favor today.

of course, most defense attorneys do. he told me he feels like this is a win. one of the main arguments of smollett's is he argues that they entered into that sensational and controversial alternative prosecution agreement with kim foxx. the charges and prosecution would be dropped in exchange for smollett forefeating his $10,000 bond and doing community service. that was the initial contract with the state. that was the agreement and anything that came after that was void and was not applicable in this case. looks like the supreme court has agreed with smollett's argument saying he entered into that agreement with kim foxx. that was the ultimate decision and anything that happened after that was actually a violation of his due process rights. got to tell you jussie smollett is an actor very concerned with his image. he has since been doing a lot of interviews. released a new film with fox

walking the red carpet. he didn't want to go back to jail, i can tell you that much, harris. >> harris: as i said with our legal analyst kerri urbahn none of it changes the fact he lied about being the victim of a hate crime but now he won't be considered a convict for doing that. matt finn, thank you. jaguar is facing some backlash now. like a bottom line type of thing. they've been losing money for years. critics are calling them bud lite 2.0. we'll get into it. thousands of migrant children, we've been reporting the story. it has been in "focus" from the beginning. the number has ticked from 85,000 to 300,000 missing little ones. all under the biden-harris administration. now some democrats are trying to downplay the devastating crisis. incoming border czar tom homan told me this is a top priority with the president-elect. >> president trump's committed

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>> harris: random violence is plaguing new york city. it never stopped. but there has been a tick up in the last week. a suspect slashed a tourist's face in broad daylight yesterday. it's the latest of a string of violent attacks. also this week a new york police officer survived after a man shot him. he was out on parole and in a stand-off on tuesday. the suspect was killed in that but here is the the detail.

he had been cut loose by a judge despite a different district attorney's pleas and multiple arrests that came a day after a man was charged with stabbing three people in random attacks in manhattan. that d.a. was from queens. the biggest -- one opinion piece says shows how politicians won't lock up the dangerous mentally ill. they blamed misguided new york state and city policies. former police commissioner kelly says it is not being handled. >> that type of confrontation happens every day on the streets of new york particularly in mid town manhattan. these people are out threatening those just going about their business. sometimes it results in

assaults, sometimes it doesn't. this is still a major problem. we have to get these types of people off the streets. there is no realistic movement to do that now. >> harris: former new york lieutenant governor betsy mccoy writes on november 5th nearly 125,000 fewer manhattanites cast ballots for harris, trump gained 18,000 of them. manhattan's vanishing voter. they voted for trump. you guys don't see the voters. the quote continues. this potential voting block of manhattan democrats is fed up with left wing extremism and it could help elect a law and order d.a. to replace bragg. all that in a quote. lisa boothe, fox news political analyst. we can't miss the fact that those voters for trump are simply invisible to the far left. >> they've ignored them.

they've turned new york city into mad max. that's what it is now. when you pass legislation that encourages lawlessness that's what you get. we've seen it since the 2019 bail reform in the state of new york. even the "new york post" editorial read that the bail reform law has led to a 66% repeat rate for repeat offenders. look at nypd stats from 2022 where over 300 people were responsible for 30% of all the shoplifting cases, right? when you encourage this you will get more of it and why i believe donald trump made such inroads in both new york city as well as the state of new york. he was the first republican since george w. bush in 2004 to get over 40% of the vote in new york state. i think republicans with him and also with lee zeldin as well. you remember the gubernatorial race in 2022 have demonstrated republicans might have a chance if they actually fight and

invest in the state of new york and perhaps making inroads in places like new york city. >> harris: listening to you wrap all that up from the recent weeks and months that we know were the latter part of the campaign which included kamala harris lets you know why they attack the madison square garden appearance, the first one, by then candidate donald trump. not only was he in their backyard but he was actually gaining popularity in their backyard. it is becoming clear now. i want to get this. this is confounding. it looks like luxury carmaker jaguar did not learn from bud lite. they're facing a lot of backlash over the new ad. look at your screen if you haven't seen it. ♪

>> harris: you saw a lot of beautiful fashion and all that. if that's the kind of thing you are into. i love fashion. you didn't see a car. elon musk responded by asking do you sell cars? another critic this just made me want to sell my jaguar and i don't even own one. a third post, you have completely misread the moment. bud lite 2.0. what is this? >> they aren't reading the room with this selection told us. people are tired of this nonsense and woke garbage, what? you share it with your friends. what's going on? jaguar subscribes to all press as good press is a notion. see if this results in ad sales or embarrassment.

so far just embarrassment. you mentioned bud lite. the parent company lost over a billion dollars since that controversy. i think americans just want normalcy. they are tired of all this craziness. just sell me cars. make the cars, make them be effective and sell me regular cars. >> harris: jaguar, the brand, reported sales for the full year of 2022 were down from 66% from its all-time high in 2018. the slide has continued. that was the most present whip us to. what was going on and how is this the answer to losing that much money? >> well, i would suspect -- i have no inside knowledge. take this with a grain of salt. watching this you would think that maybe the people behind the ads thought that kamala harris would win the election perhaps because you look at what a lot of donald trump talked about where he had hulk hogan, a return to when america was great. make america great again and

normal again and make sense again. instead of all the woke nonsense. it seems like perhaps they were preparing for a world that looked vastly different after the election than it does now. it would appear they have completely misread the room. we'll see what it means for ad sales. put me down for this hurting the brand and not helping. i would like to put my money on this negatively impacting them and not benefiting them. >> harris: the first read on some articles this morning would say you are right about that. they have to do something. it took bud lite time and money for learning the lesson. good to see you. >> harris: it could be the final day in his manslaughter trials. prosecutors are accusing daniel penny of killing a mentally ill homeless man who he says was threatening subway riders. they had witnessed to that effect. a food fight could be coming. >> we're creating diabetes

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>> harris: fox news alert. day 18 of the daniel penny manslaughter trial and he is the marine veteran charged in the death of jordan neely on a subway car last year. today the defense is calling a forensic pathologist to the stand. we don't know yet if penny himself will take the stand in his own defense. if he does not, his 25-minute interview with police will be the only time jurors will have heard directly from him. former nypd inspector and fox

news contributor paul mauro says this. >> they gave daniel penny a lot of good, opened ended question and tell his story of the his story is so well told and articulates the position how much danger they felt in the car. women and children. the fact he wasn't seeking confrontation. he stepped up in a justified way. i think that video is so good he might not testify. he just did. i think it's a very effective video for him. >> harris: cb cotton is outside the courtroom in new york. >> 25 minute video of daniel penny with police investigators is pretty insightful. the marine veteran did not know jordan neely had died when he waived his miranda rights to speak with police right after the ordeal. watch. >> the doors closed he throws

his jacket and when he starts like this, this, this and i'll go to jail forever. i'll kill you. i'm not trying to kill the guy, look, i'm trying to de-escalate the situation, right? >> so while we wait to see whether penny testifies in his own defense, his defense team may choose to rest its case after calling the forensic pathologist to the stand today. earlier this week the defense called several character witnesses to include two of penny's former platoon sergeants and a forensic psychiatrist who gave jurors new insight about neely's mental health struggles leading up to penny's reckless choke hold on neely according to the prosecution. it says neely had more than a dozen hospitalizations for schizophrenia or k2 abuse. that's a drug 40 to 100 times

more powerful than marijuana. psychiatrist testified eyewitness testimony indicates neely had some sort of schizophrenic episode just before penny placed neely in the choke hold. medical examiner testified in the trial and maintaining that she believes neely died as a result of penny's choke hold. >> harris: i know it's day 18 and they are still into all of this. thank you so much for the look up until now. i want to go forward, though, with a forensic pathologist. a famous one, dr. michael botten and fox news contributor. this is also a high-profile case now. i want to do science with you. so what are you looking at when you look at the body of jordan neely? >> we look at the fact that there are very little external reasons or internal reasons to cause his death.

he was a healthy person. we look at the video on the compression of the neck which causes collapse of the carotid arteries so blood and oxygen can't go to the brain. it is apparent from the videos and from everything that this is an unintentional death that occurred and it is because he left the compression of the carotid arteries too long. a hold police use to try to calm somebody who is acting erratically. if you leave it on too long, then that can cause brain damage. >> harris: talk to me if you will about the mental health component. you are careful to say healthy physically. i don't think there is a lot of argument he wasn't mentally healthy and we have had random stabbings recently. a conversation that's in the bloodstream not only in this city but across the country in terms of crime.

>> what happened here is that the k2 drug that was found in neely's body is a powerful strong marijuana drug and hallucinatory. it appears it triggered off this erratic, bizarre behavior he had in the subway. so that the k-two didn't kill him but triggered the cause of death that was unintentional cause of death because it is a hold that's commonly used but the release is important very quickly. >> harris: the way you describe him, yeah, i didn't know the effect of that k-two coupled -- >> his underlying mental illness. >> harris: we'll find out what happens in this case. i want to talk about something else. rfk junior has been chosen by the president-elect to lead hhs and i want to read something. he first talked about this on fox news.

he said that his ideas include in terms of our health here in the country stripping ultra processed food from school cafeterias and cracking down on food dyes. he is finding public support on the right and left. specifically written about in the "washington post." you and i were talking about how critical this is. let's watch this for just a moment. >> most of the health impacts are coming from food. it is poisoning our kids. we have the sickest population in the world. we're more depressed, more mental illness, more obese. about half the school ails food. 70% of food stamps go to processed foods. 10% go to sugared drinks and sodas. we're creating diabetes problem in our kids giving them food that's poison. i am going to stop that.

>> harris: is he right? >> i disagree with his views on vaccines but he is 100% right on criticizing the food supply provided by big food right now that's causing severe illness and obesity as a diet in the united states. that has to be looked at. >> harris: this is the reason i want to talk to you about it. you have looked at it. you have seen a progression of what over time. we were talking about tying that to the food supply he is talking about. >> he is absolutely right. over time, over the decades there has been a gradual increase in things like obesity, which is a imagine or public health problem now and diabetes and hardening of the arteries throughout the body. more coronary artery scholar

o owes -- because of the diets in this country dependent on as he said, increased sugar in the diet and processed food. >> harris: and you see the evidence of that in forensic postmortem. >> seeing more heart disease, more kidney disease that occur associated with the dietary habits we've developed and that can be corrected but it will take a shake-up in the food industry to improve our diets. >> harris: are you in favor of that? >> absolutely. >> harris: great to have you on all this news. appreciate you. thank you. >> thank you very much. >> harris: even more information on exactly what and how president-elect trump's new department of government efficiency or doge when it comes

to wasteful federal spending. billions of hours of paperwork, billions. plus democrats are still asking what did we do? what did we do so wrong after their election thumping. some former obama advisors have a tip. make your party fun again. i ask that question and it's like fix the economy. uniquely fomulated for rapid relief that lasts and lasts. that's my babyyy! try our new sugar-free cough drops. instasoooooothe! new downy comfy cozy combines softness and scent for an elevated cozy we call... cozé. transform your everyday with new downy comfy cozy. it not only combines softness and scent. it breathes life into your laundry.

>> harris: elon musk and vivek ramaswamy are unveiling their plans for the department of government efficiency or doge. they have the doge cast now. a new podcast. president-elect trump tapped the two businessmen to slash wasteful spending and overregulation in the complete. the two have written an oped now. we'll reverse the executive power grab. vivek ramaswamy has more. >> we want to go in through executive action to do the failures of the executive branch that need to be addressed. we will be cutting costs, expect mass reduck se -- most of the public understands their tax dollars aren't being well spent. >> harris: the paperwork burden

under president biden and kamala harris is finding it consumed 10 1/2 billion hours in 2023, the paperwork. that's nearly 15,000 human lifetimes. grady trimble. that's hard to fathom. >> in this opinion piece for the "wall street journal" musk and ramaswamy argue president trump will be able to drastically reduce government spending through executive action alone what you heard ramaswamy say there in the interview with maria bartiromo as well. they outline plans to reduce federal regulations, shrink the number of employees who work for the government and taking aim at more than $5 hundred billion they say congress either never authorized or is being used in ways congress never intended. they say that could mean cuts to the corporation for public broadcasting that funds public radio and tv and cuts to

international organizations and groups like planned parenthood. musk and ramaswamy make the case they could reduce the federal workforce by forcing government workers back into the office five days a week, which would lead they say many of them to quit and they also want to cut more regulations which they say not only would fewer employees be required to enforce fewer regulations but the agency would produce fewer regulations once its scope of authority is properly limited and thus they would need fewer employees. we're also learning today that house oversight chair james comer is creating a subcommittee to work with elon musk and vivek ramaswamy to carry out doge. there are some opponents in congress, though, too. house minority leader hakeem jeffries and others have pushed back against it. >> imagine that the left not wanting government to get smaller. i think that's definition who they are. we had chairman comer on yesterday and learning more about that.

appreciate it. thank you. democratic congresswoman jayapal with an utterly false claim about unaccompanied migrant children who are missing in the united states. here she is during a congressional hearing yesterday. >> today's hearing will be one final attempt by the majority to use all their same false talking points that the biden administration purposefully created a border crisis and lost in quotes lost tens of thousands of children. all of which we know is wrong by the facts. let's be clear these children are not lost. while hhs conducts three follow-up calls to insure that everything is going well between the sponsor and a child the agency has no ability to force their way into the home. if no one answers these three calls, then hhs is no longer in contact with the child. that does not mean the child is quote lost. >> harris: okay. why did secretary mayorkas on more than one occasion when the

number was 85,000, not even 300,000 what it is today. why did he admit in a congressional hearing that he had no idea where these kids were? is she not talking to people? my mother was a social worker. what do you mean you can't go in and rescue a child? the dhs report just this year found the administration lost track of more than 300,000 migrant kids. so there. she could redo the report. incoming border czar tom homan got emotional of the impact on the border crisis on kids. >> i talked to hundreds of angels mom and dads who buried their children killed by illegal aliens. i talked to little girls as young as nine years old raped numbers of times about the members of a cartel. when you look in the eyes and everything innocent and pure has been ripped from her soul and her life will never be the same. i'm tired of it. president trump is committed to trying to locate these 300,000 children and get them back to families and save their lives.

it will be difficult. children don't have footprints. we have to find the sponsor and find out what the hell they did with these children. >> harris: he has a good point there. they don't have digital footprints that doesn't coincide with what representative jayapal was saying. if we knew that they were in somebody's house and knock on the door. then at least we would have a start. they would have a digital footprint somewhere but they don't. is she lying or is she just ignorant of the facts? i don't know. new opinion piece start a commission to get answers about scale of biden's border crisis. another with the headline biden/mayorkas race to insure more migrant damage after they leave. david avila, doug schoen. i will start with you, doug. this is tough for democrats and i get it. this is a blight on 12 out of the last 16 years of leadership all democrat. i totally get it. why can't we all be on the same

page now? the voters have said what they want to go forward. they should leave a path that we're trying to help as they exit. >> well, of course, harris. this is not a partisan issue. this is an issue of families and indeed life and death and my party is out of touch on the border. it is out of touch on migrant children. and as we saw in the election with the drop in the kamala harris vote over joe biden's vote out of touch with the american people. >> harris: david. >> exhibit a as to why house democrats didn't take the imagine or tee. they don't know there is a problem let alone there needs to be a problem solved. no one who wants to see children be harmed. let me say this, harris, if in the first year americans don't see illegal immigrants who have created criminals getting shipped back home. if they don't see the sponsors

getting shipped back home, republicans are going to pay a price. they want to see action on this and now that we have the white house, the senate and the house we need to take action. >> harris: with the border czar already in place, tom homan, and a cabinet and staff coming clearer every day it lets you know what is coming. you have been in that position a president elected a second time. you know the speed at which we're watching and how important it all is. democrats continue their search for answers now after the party's election loss. former top obama staffers offered some ideas on a podcast. they need that democrats need to inject fun into their party. it makes trump appealing to so many americans. >> guys, it's unbelievable. we need to realize sitting ringside at a fight and flying

home on a pj while crushing mcdonalds with the boys is school. it seems like a good time to most people in this country. >> i was watching football yesterday. all the players celebrating doing the trump dance, jon jones, who was ufc fighter, the won the fight. a huge swath of the culture that's into trump. it is a brand of politics that breeds -- combines the professional and personal that has to be powerful. >> the dance thing, too, it is like it's like there is something about it, it's not just pro trump but it is anti-everybody that hates trump. it is not like everyone suddenly loves trump so much. it is like a trump exists as a [bleep] you and it is a dance saying that. >> harris: i will show everybody the dance in a moment. so david, pod saves america gets

listeners. they are preaching joy. it didn't work for kamala harris. >> you are telling me that events with oprah and beyonce and willie nelson and going on "saturday night live" doesn't show the vice president is being fun? wait a second. her using a fake actent or like she is talking on the phone when she isn't on the phone. every time she opened her mouth people could see she was not authentic and telling them the truth. it is the message she conveyed. democrats don't want to accept that. >> harris: i tell you, i'm sure you've seen katie couric, former news anchor, saying essentially what you just said. just answer the blank question. i won't get to her language that she used but there are a lot of frustrated people on the left, doug. i don't know if an injection of

fun is going to help. >> to me it's a bigger issue than just fun. my party is out of touch. we're an elite party. we believe that rock stars and political elites decide. what trump did was connect with ordinary people on issues they care about. inflation, cost of living, the border. real issues that people care about. that's it. >> harris: are you worried about your party? >> yes, i'm worried we'll be a permanent minority party unless we learn from this election. so far no learning has been done. >> harris: wow, that's tough and you have been around a long time and watched a lot of change. >> i think it's true. >> harris: it's doing the same thing over and over, the definition of insanity. good to see you both. "outnumbered" next.