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gee it's going to be a big day for daniel penny and the defense is doing well trying to convict him of manslaughter and testified that jordan neely didn't die from the choke hold. does he need to take the stand. >> trump almost ready to pick the treasury secretary. >> venezuela gang member looking smug after the break in at the home of new york city assistant

da. final hour of "fox & friends" starts right now. best of my recollections a forensic pathologist back on the stand that the choke hold he saw reporter: hi, yeah, he'll face more tough questions from prosecutors back on the stand because he man tianas that jordan n oh, ely didn't die from daniel penny's choke hold but testified that he believes the combination in neely's system of potent marijuana and sickle sell trait and schizophrenia and all combined led to kneelly's death.

she testified it was improbable and drug use or sickle cell trait led to his death and contrast comes to see if the marine veteran testifies in his own defense and his 25 minute video interview with police is the only time jurors have heard from him. he didn't know neely died when he waived his miranda rights to speak to police after the ordeal saying this in part. >> i wasn't trying to hurt him. i was trying to keep him from injuring people because he was being threatening. reporter: prosecutors used testimony from the medical examiner and penny's former

martial arts enteric torr in the ma lean -- instructor in the marine core and known that his choke hold would hurt or kill neely. back to you three. lauren: thank you. what we saw from this forensic pathologist is one that tells the complete story. >> lawrence: the third thing is daniel penny had him in the choke but it's called a blood choke but he's doing it wrong. he's squirming out of place and he never really got the choke on him or he'd have passed out within like five seconds. there's a lot there. i'm glad that you had a scientist willing to tell the complete story. ashley: one saying he didn't die from it have >>

ainsley: just get one of the jurors to think there's reasonable doubt, you know, and i don't know. i can't tell if he's guilty or not. one expert is saying he is. one expert saying he's not. >> brian: yeah, for the prosecution, there's a self-defense person coming out saying he did it wrong and killed him and that's what happened. what did he see and have a chance to review. alfaretta, he done a lot have the body. he looked at two toxicology reports and couple of videos from the incident and that's what he's going to say he used to come up with that conclusion and the prosecution trying to disprove him and say from your point of view, you wouldn't have known that and need to have a chance to maybe examine the body. to me, >> lawrence: criminal

record. >> brian: yeah, criminal record. it goes on and on and on and he's saying i'm going to kill you and dive into the choke hold to choke hold and request and it's me or you. daniel penny is acing i'm going to survive this. are we getting off the point and this is the point, they're in danger, i was in danger probably. i don't know if he had a weapon. i had to do something. said to the guy, take my air pods and here's my phone. i have to grab this guy. nobody else is doing anything.

we have to back up and talk alaska the intent. >> lawrence: you're so right, brian. go back to the 911 call and victims on the train saying he's going to kill everyone. that a loan. we're to the point where people are afraid obstructing cerumen the train and take bats and everything like that. anything they can find on the street and go after citizens. put yourself in that situation and say take the medical advice and all this other stuff about the choke. >> ainsley: yeah, i'm a female and i used to ride the subway, i don't anymore since all this happened. look at the rap sheet of the guy that died but look at the rap

sheet of daniel penny. really good guy and nice guy and served our country and trying to protect the people on the train. this guy runs on to the train and says i'm going to kill everybody. what did he expect to happen? >> brian: he wanted to go to jail. his family, i know he was 30 years old but the system and his family unleashed this guy on us and mad he ends up dead. be upset but don't let the people that are the victims now. >> lawrence: now you want to go fund me. we have more news, president elect donald trump tapping pam bondi as next attorney general after matt gaetz decided to bow out. >> ainsley: alexis mcadams in west palm beach with the latest. good morning, alexis. reporter: good morning. we got a new information in and it was matt gaetz that picked up the phone and called president trump telling him he was bowing out about too many controversy and now bondi is in, who is pam bondi?

she's tough, she's a fighter and always stood up for what she believes in including fighting for former president trump. watch. >> chief law enforcement officer and this entire country and talk alaska the weaponization of fbi, cia, atf and irs and all starts at the top with merrick garland and he has to respond to this and has to be held accountable and this is way too important for the american people and our justice system is at stake. reporter: she's worked on a wide variety of cases and she's got the experience and has the backbone to back it up. trump says bondi bye bye bye a great edition to the team and refocus the doj to the intended purpose of fighting crime and making america safe again.

he said i know, have known pam for many years and she's smart, tough, and america first fighter who will do a terrific job as ag. matt gaetz also endorsing trump's new pick saying he worked closely with pam as florida's ag and when he chaired the criminal justice in the state houssaying she's a proven lit gator and inspiring leader and champion for all. question remaining with a couple more transition cabinet positions left is who is the next treasury secretary? trump floated the name kevin w warsh. he's a: toker member and former member of the federal reserve. he could be the federal reserve chairman. we'll see what coming out of mar-a-lago and busy trying to make the new appointment ands going back to pam bondi, trump said he's going to shake up washington dc. that's what we've heard and they wanted him to shake it out and redo the doj and that's what

he's trying to co. see how it plays out. >> brian: thank you, alexis. >> lawrence: this one, he's still shaking up the department of justice but with someone that understands the department of justice practicing law for a long time and been a prosecutor almost her entire life. that's the person you want to shake it up and someone that understands the system and credible but also >> ainsley: new car vain of at least 1500 migrants rushing to our southern border trying to make it before donald trump takes office. >> brian: those bi bide migrants on the march as immigration policies are loosened before they government >> lawrence: griff jenkins joining us with

more. >> i'm not afraid of anything. whatever happens the dream is the american dream and to be there. reporter: this caravan comes as jason owns said in the past 51 daysive arrested 20 sex offenders at the southern border and three child sex offenders in the last 72 hours and those are just the ones we know about. don't forget about the got aways.

meanwhile, ice sources confirmed they're rolling out ice portal app. here in new york and a few other cities allowing migrants to skip in-person check ins to local ice office and needed due to overwhelming backlog of in-person appointments that goes back five, ten years and get this, ice sourceld me they wanted to make it public, but dhp buses stopped them from putting out anything to the press. >> ainsley: not surprising. >> brian: they totally shut down the press operation. griff, why do you think about this caravan? how in tact do you think it'll be being you're in contact with the leader by the time it gets here?

trying to offer ways to move quickly to the southern border and i'll be willing to bet, i'm not there and willing to bet that the smugglers are offering premiums for top dollar to hurry up and get there because of the how does she feel about illegal immigration? will she be able to deal with trump do you think reporter: she'll have to

negotiate something with the incoming president trump and intends to remain in mexico and that requires mexico's cooperation. >> brian: so far not been strong. >> ainsley: looking at hundreds of thousands of migrants walking towards the border, we don't know who they are. in that crowd could be criminals and that's our biggest fear especially women. >> ainsley: in the hallway, there's a guy doing a lewd act and he robs her and takes her phone and they tracked him to a migrant shelter.

>> brian: alvin bragg in his office, mr. put illegal criminals first and pes to prosecute daniel penny and president trump. think there's any regrets? this is the vile that are here. >> lawrence: they're making fun of our laws because they understand they're going to be right back out on the street. they're not going to be held in custody much longer. >> brian: they put them out right away. >> lawrence: exactly. it's crazy. >> ainsley: she's lucky to be alive. they caught him >> brian: he's

probably in jail because he hit somebody in his office. >> lawrence: happening to new yorkers every day. >> brian: gop standing up and speak out about the governor making ignorant remarks and we're going to protect them and not cooperate with ice. achier they're arrested and laughing and smirking. >> lawrence: flipping off the camera. these are guys that shot at cops and they're laughing at them. we let them out too by the way. >> brian: 16 minutes after the hour. carley shimkus with more news. >> yeah, the bomb squad on scene at london airport looking at a prohibited high temporal integration in a luggage. this was evacuation of south terminal and all flights halted and 30 miles from the airport, the u.s. embassy in london is back to normal operations following hours-long lockdown

there and a loud bang nearby caused by controlled explosion after officials discovered a suspicious package. the former commander in chief of ukrainian army making grim declaration that world war iii officially begun. that comes as russia recruits help from north korea and iran. breaking down what that means for us in the u.s.. >> i believe we're in a prewar era. china, russia, iran, and north korea are seriously cooperating together, and they clearly want to change the united states leadership in the world with like minded democracies. that's why they've been so aggressive and sort of the last three or four years. >> russia is retaliating after president biden gave ukraine the green light to fire longer range missiles into russian territory. now to pennsylvania where democrat senator bob casey finally conceded to dave

mckormick over two weeks after election day and senator elect said it should not have taken this long. >> we're excited to have this result and it was mathematically clear it was over and there was not a path to victory and step back and see what happened in this election and make sure it didn't happen again. other thing we need is voter id. we're never going to get to an election and that's something i'm going to fight for day one in the senate. >> republicans hold 53 seats in the senate. that's the official tally. new trailer being released for the saints on fox nation. it focuses on life of saint john the baptist. watch. >> where are you coming from? >> jerusalem. >> how much longer are you going to let this filth stay alive?

>> what do you want? >> his head. >> discover the stories of the most famous saints in history in fox nation's martin score cease sanes that are streaming now. >> brian: jesse smollett's hate crime conviction was overturned yesterday. >> ainsley: the brothers paid to fake that attack are here to react. there they are.

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♪ ♪ >> brian: the illinois supreme court reversing jesse smollett's hate crime after he struck a plea deal that violated his rights. chanly explains. >> the court decision had nothing to do with smollett's guilt or innocence and had everything to do with his constitutional rights being violated when in the court's opinion he was prosecuted a second time after a valid plea agreement on the original charges. it was almost six years ago now when smollett called police

claiming two men assaulted him yelling slurs and tossing a noose around his neck and those two men testified that smollett paid and instructed them how to do the attack. >> i am not suicidal. i am not suicidal and i'm innocent. i could have said that i was guilty a long time ago. >> smollett's attorney said the original trial should have gone to trial. >> prosecutions should be based on facts and not vindictiveness and it was a persecution and not a prosecution. let's not make a mistake about that. reporter: dan webb expressed his opinion in the court's decision. today's ruling has nothing to do with mr. smollett's innocence and the illinois supreme court didn't find error with the overwhelming evidence presented at trial that mr. smollett

orliorchestrated a fake hate cre and the civil case brought by the city of chicago is pending against smollett to re-coop the $120,000 in overtime expenses the police department spent investigating the claims by smollett. brian. >> brian: bringing in two guys in the middle. we appreciate you guys joining us and saw you on the special recreating this big hoax. first off, your thought about this decision from the courts? >> we were taken aback not because of the supreme court's decision but because jussie should have admitted guilt and that's where we stand.

>> the real injustice was the sweet heart deal he was given by kim fox's office at the beginning of all this. >> brian: what kim fox said yesterday, defending the plea deal, watch. >> the amount of attention to filing a false police report charge and energy that resulted from that is something i won't understand. it's important to know if they knew all along this was not a legitimate prosecution and i'm grateful the court has finally put this to rest. >> brian: so, able, your thoughts -- what's the big hype? he did a network interview and did all these network interviews and said white maga people are out to kill him because he was gay and black. we're in the middle of the george floyd riots and this was a blow torch to blow up american society and further that cause and make him more famous. that's the big deal, isn't it?

>> yes, it is a big deal and if it was a regular person, he'd not get that too . jus see got that deal because of influence and power. there's two different americans, one with influence and power. that's why he got that sweet heart deal. >> brian: has he spoken to you? >> yes, he paid us at first and still owes us $50 but i don't think we're ever do -- $500 and i don't think we're ever going to see that . >> it was not about the money at all and more so us helping out a friend. >> brian: do you know anyone that believes him? do you know anyone that believes jussie met was telling the -- jussie smollett was telling the truth? >> not a single digits soul. i see people online that still

has his back but no, in my immediate circle, nobody believes him. >> not even pinocchio. >> brian: able, when he told you about it, did you realize this was an absolute farce that would never come off and no one would believe it? >> yes, i did and he mentioned kim kardashian and there was an incident where she got robbed and kidnapped in france and he said that's made up. he said that's what hollywood does and we're professional actors and we thought this is our introduction into hollywood. >> we go further in our book that we just releasessed, bigger than jussie, the reason why he might have performed this medical examiner. >> and who. that's a very important question that leads us to the why. the who.

who was involved. >> brian: obviously i think he's unemployable even though he beats it on this. able, you're boxing; right? you're a pro? you want to fight jake paul? >> definitely especially after that rubbish that happened with mike tyson. oh my god. yes, jake paul, we're coming after you and will beat you up, maybe do a tag team. >> i'll take logan. >> logan paul versus ola. >> brian: what did you think of the tyson fight, able? >> the tyson fight i think it was a -- i think it did a disservice to boxing and tyson should have went in there to kill him. now we're tainted on tyson's memory, on who he was as a boxer. now my little cousin has to look at tyson as being this whimpy

guy that jake paul beat. >> brian: we're looking forward to following both of your career an. go to fox nation and watch jussie smollett, anatomy of a hoax. these guys bring it all to light. thank you, appreciate it. >> thank you, brian. appreciate it. >> brian: hurricane helene survivors that lost so much dedicated to helping other this is christmas. more on their mission to give back. ♪ of bringing textile manufacturing back to america. we're taking the best fibers our farm can produce, spinning it at one location, weaving it, then finally into a cut and sewn product. there's value in buying american made it has a real life impact up and down the supply chain. we want our customers to feel how special this product is, right when they open the box.

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we're getting rain and it's good news but going to mess up travel. rain in the forecast and north and west of us, it's snowing to beat the band. first we have big snowstorm in a few years for some of these folks, we'll have airport delays definitely across the northeast down towards the midded a ran tick for today and across the west, there's potential for heavy rain across the coast and mountain snow. this is all american christmas tree lighting and if you're coming down, dress appropriately and it's still happening and going to be amazing. future ray radar going throughout time and mainly rain along the coast and see a burst of snow north and west of new york. that'll cause travel delays just be aware of that. and the west is still getting slammed with heavy rain and mountain snow. foxweather.com for all the latest details and we need the rain, ainsley, it's been so dry. but people need to cope with it. >> ainsley: it's a friday. we can do it. thank you so much. thanks, janice.

despite losing so much, survivors of hurricane helene are still giving back to those in need this christmas season. churches in the southeast teamed up with samaritan's purse to participate and give shoe boxes to children around the world and we're joined by pastor from first baptist church right now. good morning, pastor branch. >> good morning. how are you? >> ainsley: i'm doing well. y'all are so sweet to do this. you're in north carolina and hit hard by the hurricane and many parishioners hit hard by the hurricane and still doing this. why? >> well, you know, the problem that we run into in life is making decisions and of course our decision was to help other people >> ainsley: easily could have skipped this project and y'all have so much going on in your community. what are the ladies doing behind you? >> our ladies back here are packing the shoe boxes and it's

an amazing thing they're doing because there's so many needs out there and these ladies have worked hour after hour. we have so many shoe boxes and our church is a dropoff place so we have turnov churches from otr areas cometous and help us with our goal actually. so they're working hard as they've been doing since the 18th of the month and the 25th is our deadline area. >> ainsley: so sweet. what are you putting in the boxes? >> each box contains one of three things that's for children of various age groups so we have hygiene stuff, we have stuffed animal, we have a coloring book, we have chalk, we have sort of little gimmicks: yo-yos, coloring books. various items of things because of the age group, you might have

a 10-14 child that needs something that a 2 or 3 or 4 doesn't need. conducive to the age of the box for the child, they get whatever is in -- and you can see behind, they have the baskets set up which has different items in it for whichever box is packed for the child. >> ainsley: 220 million children have received these in 170 countries or territories and you're teaming up with samaritan's purse and they're the big umbrella that started this and churches can participate. >> yes, since franklin started back in the 90s, we've supported it every year. it's been incredible and the point is to get the gospel out but the purposes is to give. they want to ask the question of

why did i get this? what's the purpose? why did it come to me? that's where the gospel comes in. >> ainsley: yes, sir. thank you so much. you're really representing the church especially in a time when y'all need it as well. it's samaritanspurse.org if you want to check it out on their website and learn how you and your family can help and donate the boxes as well. pastor, thank you, and god bles you. >> thank you. blessings to you. >> ainsley: one comedian roasted for failing to relate to every day american. >> the problem with democrats, be weird or pretentious but you can't be both. democrats are weird and pretentious. >> ainsley: jimmy failla is here to react to the viral clip, next. lowe's knows when it comes to the holidays everything has to be seamless.

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>> this is the problem with democrats, you can be weird or you can be pretentious but you can't be both. democrats are weird and pretentious. if you disagree with some of the democrat rhetoric, the extreme

rhetoric, the reaction is what are you a natzi, a hateful bigot? this is put into democratic politics and it drives people crazy. >> brian: that was andrew schultz with charlamagne and they call themselves brilliant idiots. >> ainsley: we have our own comedian and host of fox news saturday nighted, jimmy failla. >> good to see you. >> ainsley: that clip was not really funny, it's more truth. >> good spot on analysis and that was the problem that democrats ran into culturally is they were doing weird things and telling us we were the bad guys. what do you mean you don't want your kindergartener getting a lap dance from a man named cinnabuns. five years ago if you said my kindergartener had a lap dance from a drag queen you'd have

gotten beat up. nothing against drag queens. the white house told us for four years the economy was great and it was just a messaging problem. it's like me saying to you, i'm not fat, the scale just has a messaging problem. says i'm over weight but look at me, you guys. he's reacting to that ask culturally they were indifferent to how people were receiving their ideas. that's what we're pushing back on. think of the military. nobody wants to watch a military movie called a few good them. going into the woke pronoun stuff with the generals, we're like what is this? we're fighting the wrong battle. >> brian: keeping mouth shut and speaking with the election and joe rogan said i have artists and actors calling up and saying thank you, you said what i hope i could but too afraid. are we past the point to be afraid? >> no, the people have spoke and shouldn't be afraid. but guys who do deserve credit like gutfeld to a lesser extent

myself, we've been saying this for ten years and softened the ground for other comedians to jump in and go oh, yeah, we're just comics. >> ainsley: make you mad when they finally catch on or like they finally listening to us? >> better for the country they d. as comics, woe don't want to drive the conversation. we entered a profession to get paid in chicken first things and didn't sign up for anything of importance. we found ourselves here. >> brian: you don't want to be select chill leaders -- intellectual leaders. i was a cab driver and the problem is the room we're leaving in comedy. >> lawrence: tell u us about your night of comedy. >> fox nation doing a night of comedy, myself, adam corolla, jim brewer and anthony, outagously funny and get tickets at foxnation.com and come out

and watch it live at cw post. >> ainsley: that's right this. >> this matters to me. i couldn't get into cw post and this is my only way to be admitted. this is how i got accepted. get a laugh, my high school graduation was in that auditorium and my first time going there sober. it's exciting. that's exciting. >> brian: long island university. >> ainsley: the patriot awards will be there. >> yeah and we're going to burn it down. lawrence: you don't like the patriot awards, why? >> stop it. i do. this does matter. i hate going to the big talent assemblies in television like the patriot awards because everybody there looks like a tv star and i look like i installed your tv. you know what i mean. i harbor a slight re-sentiment , but it's fine. i'm doing standup in the middle of the patriot awards. danica mckeller is on and she

played cooper on wonder years and hearing from country music star. >> brian: you don't like christmas? >> i'm very pro. you stop it right now. >> brian: trying to get a rise out of him. >> christmas will be tricky this year because the department of government efficiency is laying off six of the reindeer. we don't need as had many. >> lawrence: gdoge. >> yeah, they're cut reindeer. there goes main main jimmy failla but it's time to go and there's the main man carley shimkus. >> you're always the best dressed and sparkly suit and velvet. the boots. >> i'm overcompensating for my lack of intellect. >> you always look great. that's some news to get to. dodger superstar shohei ohtani and aaron judge capturing mvp honors after historic seasons.

>> 2024 american league most valuable player is aaron judge. >> 2024 most valuable player goes to 4:teammate, shohei ohtani -- my teammate shohei ohtani. >> it was ohtani's dog that stole the show and decoy jumped off the couch and scurried away as he accepted the award from his living room. the song god bless the usa is back on the billboard chart after president trump's historic win after green performing iconic hit on the trail and at rnc. ♪ i'm proud to be an american where at least i know i'm free ♪

>> the song opened at no. 2 on billboards digital song charts -- or song lyes and it was released 40 years ago. it's back in the charts, guys. >> brian: thank you, donald trump. big assist. big assist. system of articulation >> ainsley: and he and his wife are the best. good for them. >> good people. >> ainsley: love our country. more "fox & friends" coming up. >> brian: you sure? >> ainsley: i'm not a liar. ♪

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pam ♪ >> lawrence: is that mariah? >> brian: i know what all of you will be doing at 5:00 today. watching the all american christmas tree lighting. a staple of new york city and american life. >> lawrence: that sounds like an order. you are saying you better watch at 5:00. >> if you're in new york, come

over. between 47th and 48th. >> brian: all religions are represented. >> rabbi gives a prayer, priest that gives a prayer, chamber singers from high t university impacted by hurricane helene and they have given so much money back to north carolina residents and they are coming here to sing for us. >> brian: this is all from last year. this year bigger and better. gets bigger and the tree. when do we cut down the tree? >> lawrence: we cut it down weeks ago. you will have a turtleneck on. i went and purchased you a turtleneck. it is not matching mine. >> ainsley: all american christmas lighting here at fox. watch it tonight during "the five" and the hosts of the "the five" will be out there. >> john: president-elect trump pushing forward with the