>> that powerful trailer is from the next episode of fox nation's new hit series, martin scorsese's presents "the saints." catch new episodes every sunday through december 8th only on fox nation. and now here is "america reports." ♪ ♪ >> john: matt gaetz announcing

just a short time ago that he is withdrawing his name from consideration for the position of attorney general of the united states. might have heard. i'm john roberts in washington. who knew, breaking news. thursday afternoon. >> sandra: good to be with you. i'm sandra smith in new york. this is "america reports." breaking right now, gaetz's nomination, it was the most contentious of the nominations by president-elect trump. >> sandra: anyone saying the confirmation was "unfairly become a distraction to the critical work of the trump-vance transition." >> john: senior congressional correspondent chad pergram live on capitol hill with the breaking details. so there is a lot at play here, anything from who the next pick will be to can gaetz get his seat back in congress? >> let me start with the immediate reaction here. a lot of the senators here on capitol hill, i'm just going to redo some of the initial response. eric schmidt, republican senator from missouri, he indicated he thought this was a personal decision. joe manchin, the retiring

independent senator from west virginia said smart man, smart move. roger wicker, the republican senator from mississippi, he said this was a positive development, and ron wyden, the democrat from oregon, he said this was not surprising considering his manifest unsuitability for the position. now again, the question is whether or not matt gaetz can serve in the new congress. now i want to direct you to what was set on the house floor just a couple days ago. so he resigned from the house. he said i intend to be the attorney general. i'm going to go through the confirmation process. and in his resignation letter, he indicated that he would not be in the new congress. well, here's the rub: he's not currently a member of this congress, which ends on january 3rd, but he was duly elected just a couple of weeks ago to the new congress. now i spoke to a source who understands the process here and said he would have to write to the clerk of the house of representatives and indicate that he now does intend to serve in the new congress. we don't know if that is in fact the case. but matt gaetz was up here

yesterday with j.d. vance, the vice president-elect. they met in a room on the senate side of the capitol with multiple republican senators who had questions about the suitability of matt gaetz. members of the judiciary committee. and matt gaetz, when he left the capital last night, he seemed pretty positive about his chances to become attorney general. listen to this. >> they've been going great. senators have been giving me a lot of good advice. i'm looking forward a hearing. folks have been very supportive. they have been saying we are going to get a fair process, so it's a great day of momentum for the trump-vance administration. >> any reaction to the ethics committee? they said they are not going to release the report after their meeting today, at least at this point. any response? >> i'll be honest with you, ivan focused on what we have to do to reform the department of justic. i've been meeting with senators, haven't been paying much attention to that. >> and john and sandra, that was interesting thing yesterday, because the ethics committee met and they did not release that report. guys? >> sandra: so as far as a return to congress, what are you

hearing? >> well, we haven't heard anything yet. it is, in fact, possible, and i should note that if this ethics committee report comes out, that that work pertains to this congress, so you would have to start again, maybe that ethics committee work on this, the ethics committee indicated they were going to meet about this ai pressed some questions to mike johnson, the speaker of the house come about that ethics committee report this morning. listen. >> and categorically you never spoke to the ethics committee members or mr. gaetz saying don't put this out, this is a problem for mr. trump's nominee? >> i have been very careful to stay neutral. not put the thumb on the scales on these investigations. >> so what remains unclear is whether or not there could be still a vote in the house of representatives, sometime after the thanksgiving recess, to try to pry that ethics committee report loose, regardless of the status of matt gaetz, but obviously some of the concern

about that now is diminished significantly because he's not going to serve as attorney general. remember that there were republicans and democrats on the senate judiciary committee wanted to see that report as part of their inquiry, their probe in the providing advice and consent for the next attorney general of the united states. and i think the big question right now, sandra and john, is whether or not the trump team wanted to burn all of this political capital on matt gaetz when they have other controversial picks. pete hegseth, he is up here today. he is up for defense secretary. he is meeting with senators. j.d. vance was here again today. that's going to be a tough one. tulsi gabbard to be the director of national intelligence, that's going to be a challenging one. but most people up here did not think that matt gaetz would ever have the votes to be confirmed. john and sandra? >> john: there is also a question as to whether or not he was a stalking horse would kind of pave the way for a controversial, less so, nominee. i think we will find that out when we hear from donald trump has to say about who he is

going to replace gaetz with. i have this question for you. you said gaetz had a bit of a bounce in his step yesterday after his meetings with the senate, but then all of a sudden this complete reversal. do you believe, because i know that nobody reads the tea leaves on capitol hill better than you, that gaetz was told by several republicans, this isn't going to happen? >> yeah, i think he wasn't necessarily told that, but i think the writing was certainly on the wall. i mean, when you talk to a lot of republicans and kind of gave them the truth serum off to the side there, they would say, yeah, this isn't going to happen, or they were so circumspect in their remarks about matt gaetz, or they would say something, if you really read between the lines of the language, you would see they weren't necessarily for gaetz or didn't want the president-elect to spend so much time on this nomination, guys peered. >> john: all right to a chad pergram with the latest from capitol hill. as always, chad, thank you. >> sandra: alexis mcadams is live in west palm beach, florida, with the update from

there. hey, alexis. >> hey, sandra and john. you guys seem to get all the breaking news on. >> sandra: any nine. this brand-new news breaking just moments ago on social media, we are trying to see what exactly is going to happen at mar-a-lago as the trump transition team is working hard is this all came out. got off the phone a short time ago with a member of the trump transition team who was telling me they want to make something very clear here, that they say former representative matt gaetz came to this conclusion on his own to drop out, okay, so that just coming into our newsroom a short time ago. they say, though, in this post, according to the former president, now president-elect trump, this, "i greatly appreciate the recent efforts of matt gaetz in seeking approval to be attorney general. he was doing very well, but at the same time, did not want to be a distraction for this administration, for which he has much respect. matt has a wonderful future, and i look forward to watching all of the great things he will do."

but this comes, as chad was expanded, he seemed optimistic just yesterday, hours on capitol hill, walking around the capitol hill area and those always with a smile on his face, saying he thought the meetings went well but then posted that he had incredible support, but that the momentum was strong but it was just becoming a big distraction, so distraction seems to be the name of the game here as this attorney general pick kind of came to the surface. what's going to be next? i asked the trump transition team about that. since the news only broke about 20 minutes ago, they are still trying to figure out what's going to be next in terms of a short list and going through more and more interviews. before gaetz, widow senator mike lee, republican of utah, he was named, john ratcliffe, former director of national intelligence, so there are some other names rolling into the newsroom, but back out here live, the trump transition team telling fox news moments ago that former representative matt gaetz came to this

conclusion on his own. they say it was not forced. it was just becoming such a huge distraction that he made this decision. so now back to the drawing board we go, and that drawing board is at mar-a-lago where the former president is working hard on who could be next. sandra? >> sandra: alexis, yes, we do get the breaking news, and we have it again today. thank you. john? >> john: and now, here's... kerri. what do you think? >> it was the right decision to withdraw. matt matt gaetz did not have a path forward in the senate and f donald trump a try to jam him through, a recess appointment, it would have been challenged in court. a court may have found the appointment a legal, and key here john is if, in fact, the appointment was found illegal him everything that matt gaetz would have done up until that point as ag would have been deemed invalid and they would have had to start all over again, so make sense, right decision, and we will see who's next. >> john: all right, sanders chris murphy and tim kaine on the thrall. murphy, good for democracy but who comes next? tim kaine, smart move.

senator john fetterman, tongue firmly in his cheek when he said this, holy s come i didn't see that coming. i didn't see that coming and i heard they are going to issue a new silver dollar in his honor because he had to withdraw. okay, do we freak out next? i don't think -- i know that donald trump probably really wanted to disrupt the department of justice with this pick, and there were a lot of supporters. but it just seemed, given the whole ethics investigation and the doj investigation, maybe you could have given him another job, but attorney general? >> i think it is who donald trump wanted. i think donald trump's very angry about the lawfare that has been waged against him for all of these years, and i think matt gaetz was the embodiment of that anger and that's why he picked him. but unfortunately, matt gaetz has a very poor reputation among his colleagues for a number of reasons, and so this, to your point, john, was foreseeable, and here we are. he made the right decision to

withdraw, and now it will be interesting to see who his replacement is. >> john: trump on truth social almost seemed nonplussed about the whole thing. said i greatly appreciate the recent efforts of matt gaetz in seeking approval to be attorney general, he was doing very well. but at the same time did not want to be a distraction for the administration for which he has much respect. matt has a wonderful future and i look forward to watching all the great things he will do. i mean, there is no outrage in there. there is no, he was being persecuted. it's kind of like donald trump wonders what happens, too. >> as chad said, theriting was on the wall, donald trump saw that. his handling matt gaetz's withdrawal. to your point, a very collected, nice way. we don't know the reasons, we don't really know what happened behind the scenes, obviously, but one thing we do know is there were so many republican senators, it wasn't just democrats, who were saying privately this isn't going to happen. we are not voting to confirm this guy.

and it obviously became insurmountable, and that's why we're here right now, talking about this. >> john: so who do you think is next? >> it's a great question. i wonder what will happen with todd blanche, obviously john sauer has been picked for sg, who has been widely endorsed in the conservative legal world is a fantastic pick. todd blanche, i don't know if they will bump them all up, jay clayton as the end of st and why, i don't know if they're going to -- there are a number of people in trump orbit who will do a phenomenal job. >> john: members of the senate he might draw from? mike lee's name -- >> i've heard mike lee's name, but of course there is a calculation there as far as keeping the majority the way it is, not just that, it is counting on solid votes on the issues that you care about. so when you pull a senator, you trust and rely on on x issue, there is the risk you may not get that same vote even if you

think -- >> john: senator hegarty's name has also been thrown around. >> i saw his name -- there are a lot of names being circulated. we know donald trump is quite unpredictable, hence the matt gaetz pick, so it really remains to be seen. >> john: unpredictability is one of his strengths, let's just say. kerri, thank you so much.i guesf a surprise, just a matter of when. >> sandra: advantages to getting started early, as the president-elect has done, putting together his team, so now we await who might be next. >> john: and i wonder what the effect is on some of the other controversial nominees, as well. with gaetz kind of a sacrificial lamb that would allow others nominee who were deemed controversial to be given more... a last rough ride in the senate? if you will?

if he dumps gaetz, than the rest can maybe make it through? i'm not sure. we will see -- >> sandra: to go to the last point you both were discussing, you know, we are still waiting on treasury. still some of these key roles that we still don't know, but if you look at that rocket launch the other day that we covered, hegarty was there at the president-elect's side, leading to some speculation maybe he is getting a role, we will see. but we will be here to cover it. all right, now we are awaiting a white house press briefing. you can see they are prepping for this to begin. at the white house, we will see whether there is any reaction to the breaking news that we have just reported on matt gaetz's withdrawal, and we will take you to the white house as soon as it begins peered. >> john: plus elon musk and vivek ramaswamy lay out their plans for d.o.g.e. will it work? robert wolf and steve moore give us their take coming up next. >> why wouldn't you want d.o.g.e.? all it is saying is let's be transparent when we make economic decisions. stop letting bureaucrats to do it. i love this idea. transparency for the people. what's wrong with that?

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>> john: we are learning more this afternoon about the specifics that elon musk and vivek ramaswamy have for the department of government inefficiency, otherwise known as d.o.g.e. thoutlined their vision to slash $2 billion. fox business grady trimble joins us with a closer look. >> john, in this op-ed we are getting a little bit of a glimpse at not only what they are going to do but how they are going to do it. elon musk and vivek ramaswamy argue in this piece that president-elect trump will be able to drastically reduce government spending through executive action alone. here is some of what the outline. plans to reduce federal regulations, shrink the number of employees who work for the

government, and they want to end overspending by taking aim at more than $500 billion, they say congress either never authorized or is being used in ways congress never intended. that could mean cuts for the corporation for public broadcasting which funds public radio and tv and cuts to international organizations and groups, and one of the groups they mentioned is planned parenthood. additionally, musk and ramaswamy make the case they could reduce the federal workforce by forcing government workers back to the office five days a week, which they say would lead to many of them quitting, and by cutting regulations. they write in the op-ed, "not only are fewer employees required to enforce fewer regulations, but the agency would produce fewer regulations once its scope of authority is properly limited." we also know they are going to have some help from congress, house oversight chair james comer announced today he is creating a new committee, a subcommittee, i should say, on d.o.g.e. but there is some pushback, as we talked about,

john, from democrats, too, so you have friends in congress from republicans and opponents from democrats who don't seem to want a smaller government. >> john: all the way back to the clinton administration, identifying waste, fraud, and abuse -- >> that's the easy part. the hard part is doing something about it. >> john: we will see if they can. somebody could launch a 400-foot tall rocket in the atmosphere -- >> i wouldn't put it past him. >> john: i wouldn't put it past him, either. sandra? >> sandra: for more, robert wolf, fox news contributor and former economic advisor to president obama, founder and ceo steve morris, trump economic advisor and of author of trump economic miracle. robert, to you, first. what do you think of this plan to reform the government, d.o.g.e., it is officially unveiled, we look forward. >> i don't know if it will work but i am fully supportive of trying to get the government more efficient. steve and john, 15 years ago when i was chairman, the

vice chairman was former senator of texas phil gramm, and i said to him, how do we get back to a balanced budget? he said get all of the congress members in line and have them have a vote up and down on every line item. and then he said, by the way, no one will show up in that room. it is one thing to say you are going to cut it. it's another thing actually doing it. congress loves to spend money. the right and the left and the center. so it will be interesting. but i am supportive of trying it. >> sandra: steve? >> well, robert and i have been agreeing on too much lately. >> sandra: come on! >> exactly with what robert just said. and i said this last week, i want to repeat this because i think it is important. president trump is a great idea, i love the reform commission. i have been arguing for this for 20 years, and you are right, bill clinton did do a little of this back when he was president, and that is the last time we balanced the budget. but he does need democrats, sandra, and i think somebody like robert would be an excellent addition.

i've got to tell you, sandra, i have been called by more than 20 fortune 500 ceos in just the last week or two saying i want to help, you know, this has just exploded on the public scene. people are excited about the idea of finding areas where we can cut spending in a way that would not affect the vital services that americans want. one last quick point. i'm not exactly sure how much authority that congress can cut these spending -- that this commission could cut spending without the approval of congress. so he is going to need congress to get on board, as well. >> sandra: "the wall street journal" op-ed by musk and ramaswamy reads, in part, "our nation was founded on the basic idea that people be electron the government. that isn't how america functions today. those legal edicts aren't enacted by congress but rules and regulations promulgated by unelected bureaucrats.

thankfully we have an historic opportunity to solve the problem." i think that probably resonates with a lot of people, especially when you see the outcome of this election. i want to run this by you based on what steve just did and robert, i will go to you on this. delta ceo ed bastian on a podcast talking about the optimism that is out there about this. >> i think you have seen from the market's reaction is a lot of optimism in the corporate community. i know delta specifically and the aviation industry, we are quite frustrated with the amount of regulatory overreach that we saw continuously through the last four years, and we hope there is a new sentiment that is pro-employee, proconsumer, pro-business. >> sandra: i think that probably sounds good to a lot of people, robert. >> i met ed bastian before as a ceo of delta, very start guy. there is always a push and pull between business wanting rid less regulation and the consumer wanting more protection. i would say with respect to the last couple of years under

pete buttigieg as head of transportation secretary, there was definitely, you know, some adversarial relationships between the airlines and the transportation, you know, mayor pete wanted a lot more transparency on cancellations, on refunds. obviously on the situation, there were lawsuits. there was a bit of a tug-of-war going between those two industries but that is not surprising, it happens with climate, action, energy companies, we have seen a push and pull between consumer and business for decades, and i think it will continue. hard to find the right balance. >> we have a good example, though, of an incredible regulatory overreach that has just happened recently with google. i mean, google is one of our great, iconic american companies, sandra, that is leading the way to the next generation of technology and artificial intelligence, and now you've got, you know, the courts saying they have to sell off a major part of their business,

and the only people who are going to benefit from that are the chinese. we do need smart regulation, and the supreme court ruled, as you know, sandra, just a few months ago, that a lot of these regulations that are being passed by agencies of government are not constitutional because congress never approved them. i read the constitution, it is congress that makes the laws. >> sandra: loved this discussion. you guys are finding a lot of common ground. what is happening here? something's happening! >> this is the new washington. the new trump era, we are all getting along. >> it is much easier when it is not a campaign. >> sandra: got it, got it. all right, we appreciate both of you and we will check back in with you soon. business friendly environment, making everybody happy. at least the hope for one. john? >> john: they are old enough to remember buffalo springfield, "something happening here but it ain't exactly clear." russia ramping up its attacks on ukraine, kyiv claiming an

unprecedented missile strike. a live report from trey yingst coming up next. >> sandra: venezuelan street gang tren de aragua infiltrates the u.s., why are democrats pusn president-elect trump's plan to deal with this crisis? former acting dhs secretary chad wolf to weigh in.

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would not comment on the claims, but if true it would be the first reported use of an icbm in any war. chief war correspondent trey yingst is live in the capital of kyiv for us. he's got the very latest on what we are learning. trey? >> sandra, good afternoon. overnight russia launched a new missile into ukraine targeting the city of dnipro. this is one of the largest weapons used on the battlefield since the conflict began february of 2022. we do understand it raises new questions about russian intentions in this war. ukraine initially claimed the missile was an icbm, but putin says it was an intermediate ballistic missile. the russian leader said in the future, civilians will be warned to lead leave areas where more advanced missiles will be launched. vladimir putin adding about this in terms of western involvement. >> [speaking another language] >> interpreter: we consider ourselves in the right to use our weapons against those nations that use their weapons against us.

and in terms of escalation, we will respond as surely and clearly. >> the escalation comes as ukrainian forces are now targeting deeper into russia using u.s. and british-supplied long-range missiles, while overnight the biden administration approved the transfer of antipersonnel minds to ukraine. these moves are seen by the russians as crossing a redline printing officials in kyiv to brace for an increase in missile and drone attacks. fox news visited in a civilian emergency response center to see how the ukraine in capital is preparing for those attacks. the city mayor says air defense around kyiv is still working well but that ukraine is fighting for its survival. >> almost three years later, more than 1,000 days into this conflict and invasion, how would you describe the current state? >> it is difficult, difficult to explain. i have a feeling it is one long, long, long, long day. and we fighting to survive. and we are fighting for our

future to be part of the european union and to be part of the democratic world, and it's difficult, difficult time because we do everything to be strong. russians strong position. >> today was the first snowfall of the winter in the ukrainian capital. it was a reminder that the civilian population here is suffering as the russians are launching missiles against the ukrainian power grid. sandra? >> sandra: trey yingst live in kyiv for us. trey, thank you. john? >> john: sandra, democrats pushing back against president-elect trump's border security plans despite rising levels of crime and violence at the hands of illegal migrant criminals, such as the vicious venezuelan street gang tren de aragua, now spreading across america, turning city and suburban neighborhoods in some places into dangerous crimes owns. chad wolf, former acting secretary of homeland security. chad, good to have you with us.

tren de aragua is spreading like a cancer across the country. take a look at this map here. they are operating in 16 states. our kerri kupec was telling us four years ago when she was at the justice department, nobody even talked about tren de aragua, it was all ms-13, so it is a huge public safety and law enforcement program. on the 20th, things are going to change, but if your tom homan, if you are i.c.e., if you are dhs, where do you even start to eliminate this problem? >> you are exactly right, it is a huge challenge, obviously, over the last four years, you have seen almost unchecked illegal immigration coming into th particularly countries like venezuela and nicaragua and others that are really of concern here, so you have the biden and harris team flying folks in from venezuela each and every month and now we are left to deal and pick up the pieces. and that's where the new trump administration, tom homan and the whole team there is going to pick up and figure out what to do. they have talked about

prioritizing. i think they are exactly right. making sure they are removing the worst of the worst. they are going to have to start targeting these folks and removing them from the country, something that the biden and harris team, unless they pick you up at the border, they don't want to remove you from the country from the interior, and i think that's going to be the new mandate and the new operation that you are going to see come january of next year. >> john: so the other day we got a stunning statistic about pending deportations. we will put it up on the screen from dhs. 1.4 million people have deportation orders against them. 13,000 illegal migrants are in i.c.e. custody. and a question that a lot of people might have is, if there are 1.4 million people who have been ordered to be deported and 13,000 of them are in custody, why in the blazes are they still in the united states? >> yeah, it's crazy. look, anytime you are looking to deport someone, you are going to have to put them in custody, put them in a bed, get them to a flight line, and move them out

of the country, so there is a process. i'm sure the team is looking, the incoming team is looking at how do you expedite that? there are a lot of authorities you can use to start to remove individuals from the country but again i go back to four years it's going to be a challenge to just turn on a dime what we have seen for the last four years which is they have not utilize the full extent of all of their detention beds, 13,000 in custody. they have 35,000, 45,000 beds right now that are going unused because they have not prioritized removing bad individuals from the country. again that is all going to change on day one with the new team in there but it will be a challenge, and they are going to have to scale up over time. we know how to do this. it dhs knows how to do this, they know how to remove individuals, but at the scale, because you have to account for the last four years, you've got to right that wrong, in a sense. all these folks should not be in the united states so how do you scale up their processes, which i'm sure they are taking a look at, so that you start removing a good portion of these folks,

really starting in month one and it continues to build over a period of time. >> john: in terms of people who might still be try to get into this country, our correspondent in texas brooke taylor spent time with texas dps as they were putting new buoys into the rio grande to stop getting across. in anticipation of what might be a surge in migrants before january the 20th, this is what texas is doing. but the texas governor greg abbott says that democrats are trying to stymie him at every turn. listen to what he said here. >> they are doubling down on the reasons why they lost the election. what americans demanded were for one -- for another to stop the illegal immigration into our country, especially those who pose great dangers. they are going to see more crimes in their cities and more losses at the ballot box because americans are angry about this. >> john: when you see the reaction of voters to the immigration problem and so many of those counties in southern

texas along the border that were solidly blue have now flipped to read, it would seem to a large degree democrats who are resisting what president trump is planning and what governor greg abbott are doing our on the wrong side of this issue. >> that is it, they are certainly on the wrong side of this issue. i think they are on the wrong side of history when it comes to this issue and the election and what president trump ran on tells you that. they want to see a change at the border. they want to see something else occurring that brings process back to the chaos and protects americans, doesn't continue this farce of catch and release policy we have seen, and they want to change it, and whether it is president trump, obviously before he is in power, or governor abbott is taking measures today to do just that, and everyone that continues to fight that, they are on the losing side of this. president trump is going to fulfill his campaign promise. they are going to move out pretty quickly on a variety of things, and i think you are going to see a different type of an operating environment come january of next year.

>> john: i think that kind of goes without saying. chad wolf, good to catch up with you. thank you, sir. >> thank you. >> sandra: frustration across the u.s. over blue city policies that put hard-core criminals back on the streets. we will speak to someone who says the 2024 election was the anti-crime election. plus this. >> i wasn't trying to, like, injure him, i'm just trying to keep him from hurting anybody else. >> john: marine veteran daniel penny telling investigators that he never met to hurt jordan neely as his subway manslaughter trial is again underway. what we are learning from inside the courtroom today with judge jeanine pirro coming up next. or ga. ga can be unpredictable—and progress rapidly—leading to irreversible vision loss. now there's something you can do to... ♪ ( slow. it. down.) ♪ ♪ ( get it goin' slower.)♪ ask your doctor about izervay.

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new york city subway choke hold trial now on day 18 as marine veteran daniel penny's defense team called a forensic pathologist to the stand before lunch break to testify that the choke hold penny applied to jordan neely was not what cause his death. let's bring in judge jeanine pirro, cohost of "the five." you are keeping track, judge, of every twist and turn in this case. what did we just learn? >> well, got to tell you, the defense had a very good day with this medical examiner who it seemed could run circles around this dr. harris, who is a level one in the new york city medical examiner's office, and his name is dr. sean drew, and he was a deputy medical examiner in miami-dade, deputy medical examiner in austin, texas, travis texas, the fact there was nothing about this death that was caused by a choke hold, whether it was an air choked,

blood choke, combination of those chokes, he said that number one it was a result of the sickle cells and he showed us the slides of that, in addition to jordan neely being in the midst of a psychotic episode, in the midst of this k2 substantive, ca that actually k. dr. chundru actually quoted a new york city medical examiner, dr. hirsch, a very famous one. but he said that he would never do, as this medical examiner d did, create a cause of death, without the histology, without the toxicology, and without the genetic studies. genetic studies are important here because jordan neely was in the midst of a schizophrenic episode. he was a psychotic, as a result of the k2 that he was on, and

his sickle cells at that point had been blocking oxygen. there was no particular him a drink, which is what you see in a 60 asian, and strangled, may be one or two and in addition to that, they showed us the eyelids, the act of that as well as no broken bones and the craziest part of it is, this doctor has been a medical examiner for 25 years and he has never heard of a jugular choke. it's not in the text. it's not in the studies. it's as though the medical examiner for made up. the fact she went to the cause of death without the genetic studies is a sad commentary on how the new york city medical examiner's office was in a rush to declare this case a homicide.

>> sandra: i want to play some of the interview where he plays the timeline. >> i wasn't trying to, like, inning teacher him. just trying to keep him from hurting anybody else. >> you know -- >> sandra: that was some of it. it got cut off there. but real quickly, judge, i can tell you're jumping in, go ah ahead. >> okay. he, within minutes of this happening, said that he had no intention to kill him. he was 26 years old. he's a guy who, you know, played in the long island symphony for two years. the guy is so zen it is not funny. he waited for the police. and this medical examiner put truth to the reality of what happened to jordan neely. unfortunately, none of the blood choke, air choke -- and by the way, every time neely moved, you

reset the choke, so they tried to say it was air choke, every time it went to another one, it's a reset. they say he died at 3:09. it wasn't precipitated by unconsciousness which it would have to in order to cause death. >> sandra: judge, those protesters outside? >> they are taking my picture, okay, so it's real fun out here. >> sandra: can't blame them for taking your picture, judge, but keep it down, we can barely hear you. judge, thank you so much. >> see you later. >> john: she gets to be inside for "the five" coming up so we will see her then. the housing market takes another hit and home buyers are out in the cold. plus this. >> must have been about seven or eight years old. i think in st. patrick's old cathedral and what was fascinating to me was certainly the statues, the statues of these people, the men and the

women, they became people, and i wanted to know their stories peered. >> sandra: that was legendary director martin scorsese recalling his childhood connections to the saints, available exclusively now on fox nation. jonathan morris has worked directly with scorsese and he will join us live right here just ahead. ♪ ♪ at iere where your retirement money and investment portfolio could go up with the stock market lock in your gains? and when the market goes down, you don't lose anything. forward with your money. never backwards would have that investment strategy, that product actually existed? good news! it does! if you have at least $100,000 to invest, get your investor's guide and see if it's right for you. my moderate to severe crohn's symptoms kept me out of the picture. with skyrizi, feel symptom relief at 4 weeks. many people were in remission at 12 weeks, at 1 year, and even at 2 years. don't use if allergic. serious allergic reactions,

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♪ ♪ >> sandra: beautiful look at st. patrick's cathedral. a sweet show of support on capitol hill. republican congresswoman bringing those charlotte russe cakes from the famous halterman's bakery located in her district of staten island. the special delivery came after "the view" whoopi goldberg accuse the bakery of refusing to take her order of cakes for her birthday due to her pol politics. the accusation is simply not true and says they should apologize. they look delicious. john? >> john: they certainly do, wonder if they taste as good as they look. home sales up for the first time after mortgages dropped. more in the newsroom. it what's going on with it?

>> home buyers can't catch a break. weekly survey mortgage rates, taking higher to -- that is below last year's high 7.22, but it is still a barrier to affordability for buyers and we are likely to seeing more of the same. another report out today, monthly existing home sales does show some positive news for the housing market which is a multi-decade lows. home sales higher in october by 2.9% year-over-year and that get this, the first year gained since july 2021. keep in mind, though, the long-run average for sales is 5.2 million, so we are way off that. meanwhile, the median existing home price continued to rise higher by 4%. buyers who up and locked out will be happy to hear the supply of houses in the market

increased. inventory rose seven tenths of a percent. bad news for rates is good news for sales, i guess. back to you. >> john: gerri willis for us, hopefully things will start looking up. >> sandra: blue states vowing to defy president-elect trump on migrant deportations, but is that putting americans at danger? we are going to put that question to paul perez, president of the national border patrol council.te he will join us next. ra because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home■s value. if you need cash for your family call newdayusa. with automatic authority from the va we can say yes when banks say no. give us a call. $70,000. $70,000. that's a lot of money. if you're a veteran homeowner,

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