>> gillian: thank you for bring ping us that story. >> john: you know you watch fox news 24/seven. make sure you watch this afternoon at 5:00 because we do not want you to miss the all-american christmas tree lighting. that happens on fox square today at 5:00 eastern and special edition of "the five" right here on fox news channel. great being with you today. >> gillian: you, too. make sure to watch "fox news sunday" as i guest anchor this weekend. a lot of people lined up including the incoming national security advisor. his first sunday show since being announced and senators fetterman and barrasso. >> john: the fetterman can be quick and doesn't say holy [bleep] on your show. see you at 1:00 this afternoon for america reports. "the faulkner focus" is coming up next. >> harris: we do have more on

the big news for president-elect donald trump. judge juan merchan in the new york case against trump has just decided to delay that case and the sentencing portion of that. everything put on hold and that allows trump's legal team to file for a full dismissal of this case. now we've been waiting to see what exactly the next steps were going to be in the case since trump's re-election. of course merchan set a december 2nd deadline for trump to file his motion to dismiss and gave prosecutors until december 9th to respond. i want to go to jason chaffetz, fox news contributor former republican congressman from utah. jason, a lot of this we anticipated because there is a thirst, if they are going to delay, to not even bring the case up for four years. that allows democrats in every lane up and down ballot to run on we'll get trump and do this. it also does something else. gives the public time to see

what he can really do and after all, the voters decide. >> the voters decided and sent a loud and clear message. a case should never have been brought. the judge was highly conflicted and i'm sure trump's legal team are going to spend -- they'll have a busy time over thanksgiving but that paperwork is probably already in place. this should be open and shut and done with. why we're still playing with this. it's unbelievaunbelievable. if this is the door to end it, great. above and beyond that it's ridiculous. >> harris: politically observers have been looking at, would this have put some sort of guard or gate on politics, if you will, from the right just ushering in both the house, senate, white house, all of it now and republican control starting in

2025. would this have slowed that down? it's not really on the table if he gets to dismiss and the case is gone. >> yeah. again why -- i think new yorkers have to look long and hard at the prosecutors, people that they are electing, the people getting hired into these spots. how the prosecutors were put in place, the whole gamut. new yorkers have to look at all the problems going on in new york and they are still fiddling around with this stuff. come on, new york, get your act together. >> harris: let's move to the next now and we'll come back to this and talk with kerri urbahn. stand by for a second. kerri urbahn legal analyst fox news legal editor. the meaning of all of this, though, is pretty simple as jason just laid it out. never should have been brought. we know all of that. what is the hope here? what is the the goal here from the other side? >> the goal at least from donald trump's perspective is that

judge merchan throws out this case entirely. >> harris: for the other side. december 9th. >> we know what they'll say. indicated what they would say last week. that they are going to oppose the motion to dismiss. they don't want the case thrown out. what they want and more than willing to wait until after trump leaves office to resolve the sentencing which of course would be unfair for anyone whether it's donald trump or anyone else to have a sentence hanging over their head. rich coming from alvin bragg's office given how they handle a good samaritan defending his fellow citizens on a subway. and all the crime that is rampant yet they are willing to ask that a sentence stay over a president's head the entire time he is in office. it is a rotten thing to do and so we'll see. we'll see what judge merchan will do here. the trump team is happy, a good step for them.

we'll get briefing from them. then we get the response from alvin bragg's office. we know what they'll say and likely judge merchan will set a hearing date and they will argue what they put in the briefs in the next couple weeks. >> harris: two things, the u.s. supreme court weighed in on this. so when they weighed in at that highest court level was that not enough to alter this case? >> it's complicated. you have to understand with this particular case it involved actions before donald trump became president and after. so one of the things that many legal scholars are talking about is how that immunity ruling actually makes things more complicated but in a helpful way for donald trump. because effectively the judge would have to unravel testimony that was presented before the jury that involved conversations and meetings that he had after he was president, which presumably looking at the supreme court decision, are protected conversations. and that would be immune.

the question, of course, then is how much did the jury depend on that evidence, on those meetings and those conversations to find donald trump guilty? and so this has been one of the arguments the trump team has been making all along. that's why this is particularly complicated and again, though, to your point, harris, if he has immunity, the immunity decision and constitutional question of, you know, pursuing, prosecuting, indicting a sitting president. he has off ramps he could take. he would be wise not just in the interest of justice but politically to take one and move on. >> harris: let's move on to this. a spokesperson for the president-elect, the incoming white house communications director has now issued their response from trump. a win for president trump the hoax manhattan case is now fully stayed and sentencing is adjourned. president trump, lawfare and

landslide victory as the american people have issued a mandate to return him to office and dispose of all remnants of the witch hunt cases. all of the sham lawfare attacks against president trump are now destroyed and focused on making america great again and that is a quote from the incoming white house communications director. there are some things in there that hit home, i would imagine, with american voters who -- millions of them across the country, independents, democrats, republicans voted for the president-elect. words that ring true and that is these cases are over. they want to have the focus on them, the american people. what do you make out of the statement? >> well, it's not over yet. the case in new york is not over yet. that's what they are hoping will happen. it is a positive step that the judge has agreed to allow them to make their requests. throughout the case all together. we know where bragg's office

falls on this. they laid it out just last week in their letter. they will oppose. so we have to wait and see what the judge does. what he will end up doing is setting a hearing based on the briefs that both the trump team and bragg's office will submit the first week of december and we'll go from there. again, he would certainly be wise to -- >> harris: does it get wrapped up before inauguration day? >> i think this indicates he is looking to wrap this up one way or another before inauguration day. >> harris: thank you. i want to bring back jason chaffetz. we move on to this. a lot of news that's coming together end of week and i want to get to this. frustration spilling over after f.b.i. director wray and dhs secretary mayorkas skipped out on a crucial public hearing. they were set to testify on worldwide threats to the homeland. there are a lot of those right

now particularly with an open border. these two men in u.s. government blew off the same hearing in the house. all of this as the united states is facing major crises around the world and our allies. and that pulls us in, too. senate homeland secretary care gary peters, a democrat ripped the move calling it a shocking departure from the tradition of trance irrelevant pair en see. their choice robs people of critical information and the opportunity for public accountability. republicans also giving their criticism. >> it is unbelievable that they are flat out refusing to testify. we ought to subpoena them and if they don't come hold them in contempt. >> we have multiple threats out there. >> the threats are that serious. i don't doubt that they are. it is because of what they have done.

particularly the secretary mayorkas who has pretty well ruled over the open border policy that has left millions of people, some of them terrorists, gang members, cartel members, human traffickers, sex traffickers, they have oaf created this clear and present danger that they won't talk to congress about. it is outrageous. >> harris: let's get that clear and present danger on display throughout our nation right now. just a few recent examples. an illegal immigrant with alleged ties to the brutal tren de aragua gang from venezuela smirked, laughed and yawned in court. accused of robbing a woman in her apartment building and committing a sexual act. it looks like he is going to a party there. police arrested an illegal immigrant in colorado. he is charged with raping his boss's 14-year-old daughter inside the family's home. blue state massachusetts leaders have vowed to fight back against

trump's efforts to stop illegal immigration. watch. >> the key here is that every tool in the tool box is going to be used to protect our citizens and residents and our state. we are not cooperating with those efforts that actually threaten the safety of everyone by causing widespread fear. >> harris: you caught what i laid down there, right? americans actually are the ones who are the victims here. now we will scroll more things that have happened by people who don't belong in the country committing crimes against americans who are the victims. there has been a sanctuary state explosion of alleged sexual violence at the hands of illegal immigrants. prosecutors have charged at least 26 illegals with sex crimes just since september. most of those crimes were perpetrated against children. jason, your reaction.

>> it's sick and disgusting. get their butts up before the committees an answer to the american people. they work for us. and you know what? i applaud the democratic senator, the chairman of the senate committee, for calling this out. but the republicans also control the house. why aren't they issuing these people subpoenas so they have to come testify? this is a long tradition. there are threats to the homeland. we need to know where they are. let's also remember, merrick garland -- >> harris: isn't that part of the transition that is supposed to go smoothly? i understand tradition. the other word is transition. we have to get ready for cleaning all this up. >> yeah. that's why they need to answer questions. they can't hide behind it is so classified. they can have a dual hearing as the chairman of the homeland security committee in the house said.

we will hold dual hearings. remember where they started. they told the american people that white supremacy was the biggest threat to the home lan. that's not quite so true. that was a bit of a lie. you have all these cases. congress has to function, america has to get safe. trump administration has been able to make this transition, the peaceful transition. you don't get just to duck and hide. kamala harris is on vacation out in hawaii. joe biden doesn't seem to know where he is or how to get his way through the jungles of the amazon, and we got these two people supposedly running the security apparatus and they are giving the american people the middle finger saying we're not going to show up. they got 60 more days of this administration. they need to answer these questions. >> harris: i don't think the world notices when kamala harris goes on vacation or when she is working. there is not much difference between those two things. right now the current president is putting us in line for a third world war.

we'll get into that later in the newscast. oh my goodness, now might be time to go back to delaware and hit the beach. jason, thank you. a lot to get to still. out rage at the international criminal court. icc has formally issued arrest warrants for israeli prime minister netanyahu and former defense minister in israel. plus more fallout for the car company jaguar. this doesn't look like they are selling cars anymore. they have put on a new branding campaign which we've shown you. it is woke and weird. >> it's as though jaguar asked a.i. to create the woke, most pretentious piece of a-level art using refrigerator magnet mottos, this was the result. >> harris: she is preaching.

jaguar's brand director says it is not just about the cars but investors think well, it should be. jaguar is a car, not a fashion industry piece. steve hilton next. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're

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>> harris: international criminal court has issued arrest warrants for israeli prime minister netanyahu and former defense minister galant. meanwhile, the icc is pressing war crimes against them. president biden responded this way.

quote, the issuance of warrants against israeli leaders shh outrageous. whatever the icc might imply there was no equivalent none between israel and hamas. we'll always stand with israel gents against threats to its security from biden. >> the icc's decision is outrageous, unlawful, and dangerous. israel has a right to defend itself. the icc's actions enable terrorists. these actions threaten israel. left unchecked they could pose a threat to the united states in the future. >> harris: headlines are showing some outrage. an op-ed the icc attack on israel is a sign of the free world's moral collapse. "wall street journal" editorial board. with its arrest warrants for the international criminal court sacrifices its standards and future to join the war on

israel. "new york post," icc's face charges, the u.s. must never recognize that court . steve hilton, fox news contribute. icc. >> it should be shut down and need warrants for these ridiculous people. dig -- this institution has 0 credibility or legitimacy. this decision, something truly sick or evil about all of it. look at the equivalent. what they are doing here is the the direct equivalent of sending a warrant for churchill and fdr for fighting hitler. not enough just to condemn it. we need to do something about these ridiculous people.

a sanctions bill in congress that republicans are pushing for and democrats blocking it. very well for biden to express outrage. his party has been blocking sanctions against the icc. hopefully as soon as we take the majority and president trump in the oval office we can take action against these appalling people. >> harris: i'm confused why the icc and other bodies around the world saying they care so much about the situation in gaza aren't pressing on hamas more not only for the invasion of israel and massacre of its people but for killing their own people. putting them in the way of war and blocking aid. they are starving -- millions of them are starving in gaza right now, 2.7 million and they don't even mention that. they go after the israelis. all right. left me get to this. another brand, steve, is going woke. i thought maybe people would have learned the lesson by bud lite. maybe not jaguar.

they are now facing more backlash for its rebranding campaign. let's figure out if we can tell what they are trying to sell. the parent company saw stock price dip yesterday. maybe there is a connection to this. ♪ >> harris: wow, what we don't see in the ad, cars. this is how the company's brand director recently teased the rebrand. >> we are on a transformative journey of our own driven by a belief in diversity, inclusion, creativity. policy and most importantly action. we've launched major policy revisions such as transitioning at work to drive equity and support for our communities embracing individuality as our super power. we're not just talking about new

cars, we are talking about all new ways of thinking and embracing the full spectrum of human potential and creativity. >> harris: break out your sheer mesh shirt. i don't know if it was justin timberlake or if that guy who was in charge of the brands at jaguar. >> that's like a parody as if you asked a.i. to fight a parody of ridiculous woke nonsense. like a kamala harris speech is how bad that was. ridiculous. we can laugh at this and should mock them, these idiots. doing something to me is a bit sad to be perfectly honest. jaguar. >> harris: i want to jump in because we have -- forgive me. we have actually this response now. jaguar told fox business this. this ad has attracted attention and debate. the brand reveal is only the

first step in the exciting new era and we look forward to sharing more on jaguar's transformation in the coming days and weeks. i go back to steve. >> i mean, it's truly sad for me, harris. this is a great british brand that's been around for over 100 years. when i was a kid everyone aspired to getting a jaguar. james bond drove the jaguar. these idiots are recklessly trashing this iconic brand. of courseist is woke, ridiculous and a joke but sad as well that these people can do this. >> harris: you are right. the iconic nature was in movies, it was everywhere. now maybe fashion week. maybe that's where we should look for jaguar. steve, thank you. is donald trump really, really, really a threat to the democracy? i guess it depends on whom you ask and apparently what day it is. the white house's latest tune on the president-elect.

remember all that they said about him and now welcome back. plus growing calls for president biden to quit. some question if he is even capable of the job right now. why wait until now to ask? >> we have many challenges facing us as a nation. more than we ever imagined. joe biden has weakened this nation like never before. >> harris: one former ukraine commander said we're already in world war iii. stay close. d? —nope! —uh oh. new mucinex 2-in-1 saline nasal spray. spray goodbye. aaaaaaahhhhh! new mucinex 2-in-1 saline nasal spray with a gentle mist and innovative power-jet. spray goodbye to congestion. it's comeback season! ♪ who knows what tomorrow will bring ♪ (dog whines) ♪ but as for me ♪ (knock at door) ♪ i'll wait and see ♪ ♪ and maybe it'll bring my love to me ♪ ♪ who knows ♪ ♪ who knows ♪ when i hear cancer, i hear death sentence.

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hold killed neely. famed forensic pathologist dr. michael boy dehn told me this. >> the k2 drug found in neely's body is a powerful hallucinogen drug and appears triggered this bizarre behavior he had in the subway. the k2 didn't kill him but triggered the cause of death, unintentional cause of death because it is a hold that's commonly used but the release is important very quickly. >> harris: that was such rich scientific detail that we learned from the doctor yesterday. helpful. cb cotton is at the state supreme court with the latest in the case. >> a tense cross examination is

picking back up of one of the defense's final witnesses. forensic pathologist that maintains jordan neely did not die because of the choke hold. the doctor has testified that he believes the combined effects of neely's synthetic marijuana use, blood condition and mental illness along with the struggle and restraint with penny led to neely's death and after reviewing video of the choke hold and neely's medical record he didn't find the usual signs of a choke hold saying that death has to start with a phase of unconsciousness and he never saw neely enter that phase. he said he was shocked to learn the medical examiner ruled neely's cause of death before reviewing toxicology results. earlier in the trial, dr. harris, who performed the autopsy, told jurors there was a unanimous consensus in the medical examiner's office that the choke hold killed neely. she is in the courtroom

listening to the pathologist eva's testimony and watching for whether penny will testify in his own defense. jurors have just heard from him in the police interview and waived his miranda rights. >> this guy was actually -- i was concerned that he would actually lash out. saying he is willing to go to prison forever. saying he will kill this and this, looked around and there were women and children. >> so penny faces up to 15 years in prison if convicted of the most serious charge in the case. >> harris: thank you for the latest on that. let's move to this. on a friday we can't sleep on it because this is big. ukraine's former military commander-in-chief is openly saying world war iii has officially begun. he says he feels that way because russia's allies are directly involved in putin's war

now. north korea has put thousands of troops on the ground inside russia with kits ready to fight ukraine. that's one example. now there is new and growing pressure for president biden to resign amid all the multiple ongoing international conflicts. now i've been noting for a while if you do that, it puts vice president kamala harris in the seat of commander-in-chief. that's not an improvement. it might be a push. it is all dangerous. >> russia, iran, north korea are seriously cooperating together and they clearly want to change the united states leadership in the world with like-minded democracies. i believe all of these adversaries are reassessing as a result of the election that took place in the united states. >> harris: no doubt. trump. one column with this headline

with raging wars and with the president now it is a perilous moment. it has done nothing to lessen fierce to biden is capable of being president. can a weakened biden give the judgment it needs sitting by while aides do the job that should be the elected president. big question there. polling expert nate silver posted is there any particular reason to assume biden is competent to be the president right now? it is a very difficult job, a dangerous world, high stakes decisions in ukraine. he should resign and let harris serve out the last two months. power panel now, matt gorman, and former chairman -- campaign advisor to senator tim scott and meghan hayes former 2020 biden-harris communications director. welcome you to "focus." thank you both.

meghan, i want to begin with you. is there any validity or realistic nature that biden would step down? >> no. the president is not going to step down right now. two months left. president trump will be inaugurated january 20th and take over and make decisions as it is based in ukraine or israel-gaza or any other conflict. president biden will not step down. >> harris: one more quickly. if he is not going to step down, what happens if he tips us further in like he did this week by making decisions with weapons that really should have gone to ukraine generals tell me, 1,000 days ago if he really wanted to win the conflict against russia? >> the president along with 50 other allies and partners are doing what they can to help ukraine fight back against russia. russia could have ended this war. they are choosing not to. the president is giving them the ukrainian people what they need to fight back at this junction. i'm not a foreign policy expert or expert in war and what you

need to fight. >> harris: it is easy to know when it started. president biden hosted the 2024nba boston celtics at the white house yesterday and seemed to not remember the team's name and revealed his own secret service code name. watch. >> president biden: 2024 nba champions the -- you are the celtics, right? the boston celtics. let me say, you may not know this. my secret service name is celtic, for real, because i'm irish. >> harris: celtics for real. is that the whole name, matt? >> i mean, you will look back at how the media treated joe biden well before the fateful june debate as a massive reason why people lost trust and why the legacy mainstream media has lost

so much credibility. everyone with two eyes and on honest brain could tell you he had lost several steps. the media was saying cheap fakes and the democrats saying he was behind closed doors was solving rubik's cubes. he is still president for another two months. it was january 2023 or january 2024. if you continue do the job he shouldn't be president. he has a launch codes in his pocket. >> harris: if kamala harris steps in the question becomes, you need a acu men and experience to handle the situations going on right now around the world that im peril our men and women in the field. what does that look like or so other line of succession he could think of?

speaker of the house eventually. >> i don't see how it is kamala harris. at any moment it could be ukraine or something we haven't dreamt up in the middle of the night and the president could face. if the president is not acutely aware or ready enough to be president and can't remember the boston celtics how do you expect to be in a situation room at 3:00 in the morning dealing with china invading taiwan for instance, which could happen. it is a scary thought. >> harris: i want to ask my team to roll video of the official photo, if we can. i don't want to just make this about one moment in the white house or several other moments leading up until now. these are recent this week. they really do bear being cognizant of. so if the team rolls that we will be able to see it. he was supposed to assemble with other leaders for a nato photograph. you have the audio of the photographer looking for him and

they can't find him anywhere. it turns out that he was behind a bush or tree or something. this is in brazil around the same time he gave a news conference or a statement with a teleprompter in the middle of the amazon jungle and then wandered away from there. i don't want to make light of this. it is not funny, meghan. this is a problem. 59 days. >> i actually don't think it is a problem. the president is all there. scheduling conflicts and some things that -- i hear what matt is saying and i'm not saying don't believe your lying eyes. the president is older. he did step down from running and we did have an election. 59 days left. the president is not going to step down and capable of doing the job. i understand some people's concerns. i don't think they terre as valid as we're trying to make them. >> harris: good to see you, thank you. controversy at san jose state university over a transgender athlete. >> we come to college with a

dream of plague collegiate sports and pursuing that dream. the difference being here is that we've had to put up with so much more. >> harris: the players' teammates are suing the school and athletic conference. a judge will decide whether that team can continue the season. their associate head coach melissa is in "focus" next.

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>> harris: now a dozen women, volleyball players, are suing san jose state university and the mountain west conference. it's all over an alleged biological male allowed to compete on the team. they say their title ix and first amendment rights are being violated because that person is on their team. one of the women listed in the lawsuit co-captain brooke was here on "focus" with me not too long ago. >> these girls and me myself included we come to college with a dream of playing collegiate sports and pursuing the dream we've had since we were little girls. the difference being here is we've had to put up with so much more. the end goal is to just never let any other young lady or girl

have to go through this in sports ever again. no one should have to go through this. >> harris: imagine you have the player on your team and other teams don't want to play san jose state university because of that. not just the young women on the team who see the transgender athlete but other players don't want to play with them. five schools have forfeited games against san jose state university this season. 24 states signed onto a new brief urging the u.s. supreme court to take on the entire matter of transgender athletes, biological males in women's sports. their legal brief argues serious concerns for women and girls' safety and fairness. now san jose state university's team associate head coach is with me. mel melissa, you were suspended after filing a complaint about the same player in question. why did you file a complaint, first of all? >> i just couldn't take anymore

after brooke came out and was speaking out for her rights and that they continued to treat the young women on the team and myself poorly for having our thoughts and opinions and they were told to us like we can't have those. >> harris: so, you know, we say suspected biological male, we say alleged, all of that. what are the rules and laws being able to say this is a guy on a girls' team? i have to imagine brooke shared with me she couldn't say the truth in a room. what are the rules and laws like for you as a coach? >> we're not allowed to speak on that. i continue to be told that, you know, the suspension would go to being fired if i speak out. so continuing to hold that

silence over myself and the remainder of the women on the team. >> harris: wow, but you are speaking and risking everything. this is important to you. >> yes. very, very. >> harris: tell me about your personal journey. you have been in ncaa college sports for a long time. you are a storied coach. you have taught a lot -- coached a lot of different places and seen so much victory in your days. so what does this mean? at this point in your career to be dealing with this issue and how do you resolve it? help resolve it for the girls that you lead? >> yes, at this point to me it's common sense. there should not be biological men playing in women's sports. we are here right now and i do think this, you know, is an opportunity for me. it is nothing we all sign up for

but i definitely feel so strong that, you know, that moving forward with this and helping this fight and making sure we save women's sports for the future of young women. my nieces and my grandchildren is very important. >> harris: how surprised were other teams didn't want to play san jose. i know that area and school really well. we had graduating seniors that went on to play sports at san jose state university from independence high. i can't even imagine schools not wanting to play you. but five of them said no. >> right. so proud of those young women to stand up for what they believe in when they are also being silenced by the mountain west. and they are holding their scholarships and things over their head. i think it is amazing. that's what we need.

we need everybody to stand up and make sure that this does not continue so i just -- >> harris: i have to cut in there. they are keeping young women from having scholarships is they talk about this? isn't that a first amendment right? i'm surprised there hasn't been more legal attraction to the journey you are on right now. they can't take away their scholarships because they don't want to play with someone they suspect is a biological male. >> that's what they are holding over their heads and that's why a lot of the teammates on the san jose state team is afraid g time and afraid to lose their scholarship. >> harris: i know you have to be careful about what you say. with this biological male alleged player on your team, i'm not sure how to talk about these people anymore because transgender -- we have so many titles about them and people get sued and fired if they don't get the titles right. what is it like to coach that

individual? that individual is on your team. >> yes. i guess that's an area that is a really tough area for me to speak on right now. i would like to stay off that. >> harris: okay. that individual is still on the team. >> yes. very difficult and very difficult for these young women to be there in that space and they are just so courageous and strong young women to have to face this when they didn't choose this. >> harris: are you surprised there are 24 states now that are wanting something at the level of a u.s. supreme court involvement? that's my last question to you. this is not a singular journey in california or any one state. it is half the country. >> yes. we need the whole country. i am so grateful that that's happening right now. and hopefully it will be --

>> harris: thank you. keep us apprised of the situation you have for spinning out. >> thank you. >> harris: a really busy week. "the faulkner focus" 59 days until inauguration day of the president-elect donald trump. the news continues. "outnumbered" after the break. veteran homeowners, car payments are getting out of control. get a newday 100 va cash out loan at lower mortgage rates to pay off those high rate car loans.

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