i hope not. you talk about suspensions i hope that guy is suspended two to five games rest of the season. get him out of the lead. ridiculous. uncalled for. these guys are too big to alive a hit like that. somebody is going to die at some point. that's not what we want. dan dakich, we want more of you. no country was taken over by the flag planting, thank you. speaking of a guy who, you know, he seemed to like taking over countries at least trying to. teddy roosevelt. the theodore roosevelt presidential library officially opened its doors on july 4th, 2026. ligalso america's 250th anniversary. it's going to be built, in where else, north dakota, the bad lands. going to celebrate citizenship, leadership, and conservation. why did you wait so long, america. "fox & friends" starts right now.

all right. #:00 a.m. on the east coast and monday december the 2 and and this is "fox & friends." folks, fox news alert. you saw, this i'm sure. president biden has pardoned his son hunter of any offenses from the past decade despite joe biden's many promises to the american public that went something like this. pardon for from your son. >> i said i will abide by the jury's decision. i will do that i will not pardon him. >> plus, this morning, closing arguments begin in daniel penny's subway chokehold trial. we will take you to the courthouse as the marine veteran faces up to 15 years in prison if convicted. >> brian: wow. the migrant crisis by the numbers as president-elect trump gets ready for his day one border action. days have started already it seems. where 182 billion taxpayer dollars have gone. that's the big question.

>> lawrence: "fox & friends" starts right now. ♪ >> ainsley: we start with a fox news alert. president biden pardoning his son hunter last night, excusing any offenses. the first son might have committed over the past decade. >> steve: that's a long time. madeleine rivera joins us right now from washington, d.c. madeleine, even though joe biden said he is not going to do it, not going to do it. we all knew he was going to do it. >> really a major reversal for this president, steve. the white house press secretary karine jean-pierre said as recently as last month he bunt commute his sentence or pardon him. he did anyway he said his charges were meant to break him politically. the president saying in part here's the truth i believe in the justice system as i wrestled with this i believe raw politics has infected this process and led to a miscarriage of justice. hunter was found guilty in june on three federal gun charges. in september he pled guilty to nine federal tax charges.

he was supposed to have sentencing hearings on december 12th for his gun case and december 16th for his tax case. all of those now gone. but the president's pardon doesn't just cover these offenses. it covers any crime the first son may have committed between january 2014 to key december 20. that time frame is notable. given he joined burisma in 2014 and scrutinized for his foreign business dealings. >> it also shows a degree of contempt for the american people. you know, this is a president who didn't just simply lie about not ever speaking to his son's business associates, have never being in meetings with them. but he lied repeat 'edly to the american people when he was a candidate for re-election. president said he made this decision over the weekend while spending the thanksgiving holiday with his family in

nantucket. in connection with which was the first to report this news the president had been talking about the possibility of pardoning hunter with close aides in june when he was convicted on those gun charges. >> ainsley: it's interesting that the pardon starts on january 1st, 2014. he joined burisma four months after that in april something else i found interesting. in his pardon, how he believes his son was treated differently and singled out because his dad was the president. he sewed quote i have followed a as i remember president principle, just tell the american people the truth. well, he lied. he lied to us. he said he wasn't going to pardon him. but part of his pardon statement is tell the truth. >> steve: ainsley, according to joe biden those mean republicans came after him. ultimately, i think the reason

it's a 10-year span is, you know, i was talking to somebody in law enforcement yesterday. they said it's almost an implicit admission of guilt acknowledging there is criminal adjacent stuff that has gone on charged. also, you know, ultimately. this means nobody can go after hunter for anything -- anything he did during that 10 year period. >> ainsley: giving money to the big guy? >> steve: any of it. it is essentially a remarkable get out of jail free card. >> brian: i would say number one it can't be true because he said repeatedly over and over again i'm not going to pardon my son hunter. and he also says he has got great trust in the criminal justice system however in this case i watched this selectively and unfairly prosecuted you can't have it both ways. guy addiction. what addiction do you need to have toll-to-deal with romanian billionaire to go to the moscow

mayor's wife and go china and meet with a billionaire and come out with millions of dollars. what kind of crap do you use to not pay taxes ever and what kind of must be supplied from somebody do you all of a sudden some producer come out of hollywood from nowhere pays all your bills plus interest who is paying that producer? what did you ever ever get to the bottom of what joe biden lied multiple times about being -- having nothing to do with his son's overseas business dealings do you remember that at the same time we find out about him having dinner with business partners. calling in to check on his son. this is the same pattern to use with ukraine i'm not going to give him f 16s, i give them atacms. not going to let hit in moscow. hit in moscow. a pass all the time. now all bets are off. next time someone says he is the jerks george washington.

please remember some of this. >> lawrence: thing is we all knew he was going to do it. i don't think that's the issue here that he harr donned his son. evidence lied about it. expect us to believe he was this noble guy and restore justice. suddenly the criminal justice system has unfairly targeted his son. either the criminal justice system is broken. in totality or they aren't. but i just got to say though. you don't have to take our word for it. the federal judge that was going to oversee the sweetheart deal, literally looked over to the prosecution and said is there any precedent for a deal like this? they said no. then they said to the defense his own lawyers they asked him says is there there any precedent for the deal? they said no. if there is anything they tried to give him special treatment in the criminal justice system. >> steve: right, you know, you brought up such a good point.

in that sweetheart deal there was the extraordinary part. and this is why judge noreika said is there a precedent for this? the deal said anything he did. >> lawrence: in perpetuity and after. >> steve: then or in the future. that was -- they got greedy. they wanted too much. and now we have clearly seen that they had this planned all along. of course, i think joe probably thought hunter would skate on the charges initially, after he was convicted he faced 25 years. >> ainsley: can i ask you all a question. you are add da. all of us had strong dads. my dad always told me, ainsley, if you get arrested, don't call me. i'm not your first phone call. if did you something in there that is that bad you need to stay. i'm not saying he shouldn't pardon his sons. most dads would do that his son had every opportunity. he grew up in a family of privilege. he grew up in a family where he had every opportunity and he

self-quarantined it by not paying his taxes, by being addicted to crack cocaine and so when you look at his story. >> brian: and hookers. >> ainsley: many of us would have loved to have -- we did it by pulling up our bootstrapping and doing it the hard way and by working hard and getting to where we wanted to be. he had the opportunity most sons don't have. and now his dad is pardoning him it's okay he did it because of me. my influence. >> steve: his dad had super powers for 50 more days and cooking what a lot of parents would do bailing out their son if they can. even though he acknowledged he broke the law but then again the republicans are going to come after him. >> lawrence: part that bothers me though. this question was asked multiple times to the president, to the white house press secretary and they got so nasty with our correspondents don't ask us that question. don't do it. here is a little bit when the question was asked to white house press secretary who is not going to be doing any press conferences because the president is going to africa. this is what she said before

though. watch. >> any possibility that the president would end up pardoning his son? >> no. i just said no. i just answered, go ahead. >> will you accept the jury's outcome, their verdict, no matter what it is? >> yes. >> and have you ruled out a pardon for your son? >> yes. >> i'm extremely proud of my son hunter. i'm not going to do anything i said i would abide by the jury decision, i will do that and i will not pardon him. >> does the president have any intention of pardoning him? >> we have been asked that question multiple times our answer stands which is no. >> president biden says is he not going to pardon his son, hunter, is he going to ask donald trump to do that? >> i don't have anything to share about that. i'm not going to go down a rabbit hole on this. i have been very clear. the president has been very clear when we have been asked this question. >> lawrence: they are such liars. all of them. >> brian: back it up each further. not only did he have his father and name blocking for him. he initially started blocking

the fbi. when that laptop would have blew up hunter's legal cases, international business dealings, transgressions and horrible pictures with hookers and love child denied having still not paying child support for a period of time. had to fight, had to be sued in order to pay it. all these things were going on and the fbi was blocking holding it going to lead to our story later on the need for a new fbi director. >> ainsley: bring in charlie hurt our fox news contributor to react on this. charlie, what's your reaction? >> i don't think anybody is particularly surprised that joe biden is a liar or that he pardoned his son. these are both things that we have seen a lot of over the past four years. the timing of it is kind of amazing. the idea that it is a complete do over, a 10-year do over that could potentially, i think, lead to other problems such as whether or not once he is pardoned does that mean he can't plead the 5th if republicans continue to pursue some of these crimes. that's kind of an interesting question about all of it.

the other thing is just the timing of it in terms of the politics, basically joe biden is given a tremendous gift to donald trump by saying now i don't think is he right about this, but saying that somehow the judicial system did his son wrong and is so corrupt. this is the argument that donald trump has been making for years. and he just handed the entire gift to him as donald trump comes into office. as is he building his cabinet to go after the department of justice and the fbi. >> steve: well, you know what? the way joe biden's full and unconditional pardon of hunter reads. you know, because hunter was treated so unfairly by congress and blah blah blah, the politics of it all, you can almost see, charlie, that as a blueprint for the next pardon that he is going to give to the entire biden family. >> i would not be one bit surprised. any more surprised than we are by this pardon if we didn't see that.

including himself and his wife and everybody else that was involved in the -- what i consider to be auto r. a -- >> brian: i don't know if you can do a preemptive pardon. >> sure you can, when you are president. >> i can go knock off a liquor store if i'm pardoned? >> it that was the vetting process. >> it has to be within those dates. >> charlie: betting odds last night what is hunter biden going to do between the end of midnight. is he going to do all the crack? is he going to knock off a liquor store? >> lawrence: can we stop with the notion. long eminent domain narrative joe biden is a nice man. is he elderly. you definitely see the deterioration. he flat out lied tout american public. i mean, this may be the first christmas where they acknowledge the child, the granddaughter because, remember, they had to be shamed by people's magazine into acknowledging sweet little navy. and the mom has made it very

clear that she knows that her grandfather is the president of the united states. she has no secret service protection. and she is not responsible for hunter biden's he is ca escapad. they have distanced from her. covered for hunter biden. joe biden is just a sweet guy. he is an honest guy. >> charlie: and unify the country. that was the entire promise of his campaign. a guy whose political political career defined by lying. got drummed out of at least two presidential campaigns because he was lying completely making things up. in that regard, i guess it's really not all that surprising that he would sort of sail out into the sun set with a just suitcase full of lies. >> brian: the only thing i would say a little different now. other channels are not covering for him. i don't know if you have seen the coverage. and i saw. >> steve: watch this channel. >> brian: get all perspectives. governor jared polis as a father

i understand president biden. natural desire to help his son. i'm disappointed that he put his family ahead of the country. bad precedent. congressman stanton i respect joe biden but i think he got this wrong. hunter committed felonies and convicted by a jury of his peers. these are democrats. >> i know he has no political cachet right now. some people having a problem with him though know what is coming next. >> charlie: he rolled a grenade out the door. is he doing it partly good have done the statement without the police. just decide over the weekend. you thought you had a rough thanksgiving dinner. >> big guy. >> look it the sentencing dates for hunter. about to be sentenced. december 123rd and 16th.

absolutely. >> brian: the african trip unfortunate. didn't have a chance to explain it. maybe it's fortunate. >> charlie: i'm still going to tune in today to watch doocy vs. karine jean-pierre. >> ainsley: not happening today or the next few days. >> steve: white house is in angola and peter doocy is at mar-a-lago. eventually they are going to meet and it's going to be good. >> brian: angola bureau. >> steve: charlie, thank you very much. >> lawrence: to another fox news alert. closing arguments in the manslaughter trial. manslaughter trial against daniel penny will be. chanley painter outside the courthouse. >> good morning guys. just a fewer hours. five men, seven women will return to this courthouse behind me for will the all important closing argument. we do know here the defense will

go first. >> prosecution will have the final word. and over the last several weeks, the prosecution has called more than 30 witnesses in its effort to prove that 26-year-old daniel penny went too far. recklessly placing 30-year-old jordan kneelfully a chokehold on a new york subway train for nearly six minutes, causing neely's death. and while eyewitnesses testified during the trial that neely who was homeless, on synthetics drugs and mental illness caused them to fear for their lives. after he entered the subway car he threw his jacket down and began yelling. prosecutors are on the length of that chokehold with the medical examiner saying that was the sole cause of his death. because penny had the training in the military he knew the risks of his actions. penniens attorney is expected to argue to the jury that his actions were reasonable and justified under the circumstance. they called 9 witnesses in his defense during the trial. including six character

witnesses. a defense psychologist and a defense pathologist allowing the definition to argue that neely's death was actually the result of a combination of factors, including schizophrenia, synthetic marijuana, a blood condition, and neely wants efforts in that struggle against penny. now penny does face a couple of charges that the jury will consider once they get the case. including one count of second degree manslaughter and one count of criminally negligent homicide. if convicted of that top counted of man slaughter, penny would face up to 15 years behind bars, guys. >> brian: there is a sense, chanley, we could get a verdict this week if things wrap up quickly? >> that's right. so today we will likely spend the full day with closing arguments. the definition going first then the prosecution's closing argument. then this jury will have to listen to lengthy jury instructions given by the judge where the judge explains the law, the elements of the charges

against penny so that when they go to deliberate they can go through all of. that is likely, because the judge about 5:00 in the afternoon. deliberations could even start tomorrow morning, guys. >> steve: right it. could be pretty quick, chanley, because what the defense has done is introduced reasonable doubt throughout the proceedings. and all the people who sit on that jury have ridden the subway and probably at one time or another been freaked out by one guy who cage into the subway car and looks like going to hurt them. >> definition put on a robust defense. calling witnesses, own experts to contradict the prosecution's evidence. this jury as you mentioned during voir dire, jury selection, many, in fact most of the jury. most of the 12 said that they yes, this very observed, outbursts on a subway. some of them even saying in those outbursts they/themselves feared for their own safety. they will bring that experience into the jury room when they go through the facts and they deliberate the outcome of this case. so, that's an important fact to

consider. also, three of those jurors have a legal background which is interesting, too. are attorneys. one of them paralegals that could influence the path this jury takes as well. >> brian: chanley, thanks so much. >> lawrence: one of the benefits he has that the holiday that they're going to start deliberating after the holiday. normally they try to put pressure on the jury or if it's a weekend to come up with a decision. this rushed decision. the other thing is that he is in new york city. where everyone has experienced some erratic person either on the subway or on the streets and they have a personal interaction with that. >> brian: my fear is they are going to try to make it race. that's what the protest, al sharpton was there only reason this guy was indicted they want to make this race daniel penny happens to be white and jordan neely happens to be black. that's coincidental. good part it's a new york jury. the bad part is a new york jury. we saw what they did with donald trump. the country is looking at that

the case shouldn't have been brought. how could you convicted this guy and they did it back in may. so you wonder is this new york jury going to be dispassionate and understand put all this stuff aside any political pressure might be coming down, forgetting this is a democratic strong hold and just see this as a good samaritan trying to save a bunch of people. and i think the other thing that doesn't help is that martial arts experts said he put the hold on wrong. and they said. >> lawrence: such a common thing. so, i mean, it's common when someone is moving for the choke to not be applied the right way. and to your first point, brian, i thought it was a miss the opportunity not to highlight the person that held him down. sure, there was some cross-examination and clearly the d.a. gave this guy a deal to be black guy holding him down and he didn't get charged as well. >> steve: that guy changed his story multiple times. >> lawrence: multiple times.

steve whole argument is it is self-defense. 12 people on that jury. it just takes one person to hang the jury and danny penny is not convicted. then the big question becomes does the d.a. go after him again. >> brian: think about that thanksgiving that they had. >> ainsley: he had a heart beat he still had a heart beat when daniel penny let go. >> lawrence: that was not reported originally. >> brian: 21 minutes after the hour. it's my privilege to introduce ainsley. >> lawrence: is he going to take over the headlines? >> brian: i wasn't going to do that. especially this serious one. take it away, ainsley. >> brian: this is my town. >> ainsley: strategy story where brian is from massapequa a high school hockey player has died after having what has been called a sudden medical event during a charity game over the weekend. massapequa high school senior conner casen lost consciousness during the game's intermission on saturday and medics quickly took the teen to the hospital

where he was pronounced dead a short time later it. happened during a charity game which was being held in honor of a team from another nearby high school who died in a car crash last year. conner was only 17 years old. did you know the family, brian? >> brian: i didn't know the family but obviously rocked massapequa. >> ainsley: of course. officials say at least 85 people had symptoms after eating thc contaminated food at a wisconsin pizza shop a few weeks ago a reports released by state public health officials employees at the restaurant went to the shared community kitchen to borrow oil for making a batch of pizza dough. the owner further reported that they now believed that the oil used with thc infused oil. authorities initially thought it was just pizza contaminated but later says sandwiches and cheese bread were also affected. now to football, brian. do you want to take this? >> brian: buffalo bills didn't let the winter wonderland slow them down next the niners.

they usually play in san francisco according to reports. josh allen doing it all. first player in the nfl in history to run throw and catch a touchdown in the same game. >> cooper run it in. going to go to the line and in. spectacular touchdown. >> bills go on to win 35-10. they seemed to have a fantastic time. in cincinnati steelers quarterback russell wilsons have a fugitive day as pittsburgh beat the division rivals be 44 to 38 knocking out the bengals to bill hemmer's chagrin. can't kick a field goal suddenly, 24-19. after a weekend of brawls on the college game, we are learning that ohio state and michigan will both be fined $100,000 as punishment for this incident after the game saturday.

i mean, to break it up, they had to use pepper spray to get the team to separate. but, classless for a team to go and put a flag in ohio state -- bad enough they win but it wasn't the last one. but this could have gotten even uglier. the stands are always juiced up. could you imagine if this spread into the stands? >> steve: brian, explain this new phenomenon of this flag planting a flag. >> brian: only 48 hours old. what happens is michigan wins a game a huge upset. at the end of the game in ohio state they take their flag which you always see the lead cheerleader running with usually a guy. and put it right into the midfield, as soon as ohio state cease that you are not doing that on my field. put it down, rip it down. put it back. both sides ch start fighting eah other. coaches can't controlling it. pepper spray. cops got to get involved. >> lawrence: how embarrassing.

>> brian: how embarrassing. >> ainsley: didn't this happen at another game. >> brian: multiple games. >> this is the first time we have seen them try to put the flag. >> that i know of. this is always going to be the reaction if you do this. >> i wonder if any -- okay. so both teams were fined $100,000. and brian, you are absolutely right. in college football that is a drop in the bucket. big question is, as we head into the playoffs, and the championship toward the hensd of this month, any of those players going to get suspended? >> brian: only care about ohio state. i don't know if michigan will make it. we should say this nc state and unc same thing. nc state defensive end tried to plant the flag. not good. brawl. florida fsu same thing. arizona state, same thing. big intrastate rivalries. i think it's classless behavior. >> ainsley: huge down south. these are your rivals. they have been rivals for decades. grandparents have gone to these schools. it's in your blood. that's how it was for us when we

were watching ufc, clemsz game. gamecocks beat clemson at clemson. it was so great. >> steve: there goes one of the flag there. >> zero control. >> steve: that has got to stop. >> ainsley: did you all watch the georgia game it went into eight overtimes. they kept scoring and georgia tech would score and they would score. so fun to watch. >> that was a big game. syracuse big upset over miami. >> a lot of football this week. >> steve: lots. >> lawrence: vows to clean up the bureau. >> i haven't seen what the proof is thought fbi has been weaponized against a political party or the department of justice.ve m ♪ ore, and get more too. shop now for big black friday deals on holiday decor and tools from our top brands. and rack up more points for you when you shop with my lowe's rewards. lowe's.

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>> brian: so today president trump elect set to meet with poland on capitol hill. comes as trump's pick to lead the fbi kash patel is causing panic on the left and some are worried on the right. bill melugin is in west palm beach. bill? >> brian, good morning to you. donald trump's pick for attorney general pam bondi is going to be on capitol hill today where she is expected to meet with key republican senators.

bondi has been serving as the state of florida's attorney general and she was picked by trump after matt gaetz withdrew his own nomination for a.g. bond is widely respected. she has rep repeatedly sued the biden administration over border policies and long time trump loyalist. g.o.p. senator chuck grassley announce he will meet with bondi in d.c. also expected to meet with others to prove confirmation process. in addition to charles kushner who trump picked to be ambassador to france, another splashy pick that trump made over the weekend was his nomination of kash patel for fbi director. as can you imagine that announcement sent shock waves through washington. outrage from democrats and praise from trump's allies. patel served in intelligence and defense roles under trump during the first administration. trump has called him a brilliant lawyer and investigator and, quote: an american first fighter spent his career exposing corruption.

some critics and democrats have said patel doesn't have the experience for the job republican senator bill hearing haggerty. >> i think there are people serving in the current administration who doesn't have experience. american public turning these agencies around completely corrupted. cash has pointed it out. probably the best uncovering what has happened at the fbi. i look forward to seeing him take it apart. >> in the current director of the fbi christopher wray is 7 years into his current 10-year term which ends in 20278 r. 7 he would have to be confirmed by the senate and trump would have to fire christopher wray. back to you. >> brian: what a busy weekend. bill, thank you. appreciate it.

as kash patel is about to go after the deep state one democratic lawmaker doesn't even think the deep state exists. >> i haven't seen what the proof is that the caribbean has been n weaponized. i think that's what they mean about politicization in the deep state. the deep state nobody has defined it apparently means anybody who doesn't do the will of donald trump. >> brian: meh. nobody believes that not even him. our next guest agrees k.t. mcfarland knows all about being targeted she experienced it firsthand as she served as national security adviser for a brief period of time she joins us now. your thought, k.t. over what jamie raskin just claimed? >> there is going to be so much evidence and kash patel will know how to find it all. government workers are not gutsy people, right? they will always want a paper trail to protect themselves for what they were doing.

there was a lot of intimidation and prosecution and% execution of trump administration people there will be files and files of that. normally when a comes into the office. if we can't find it or we got to protect the secret information because it's going to reveal sources and methods, kash patel because of the experience he has had, he knows that's just wrong. that's an exswiews for a cover-up. there will be a lot of evidence and i know from firsthand experience that there will be evidence of how they came after me and donald trump and others in the trump administration. >> you know he has pursued terrorists. he has been a prosecutor. he has been a defender and since 2018 he got on donald trump's radar. has been very loyal and impressing him ever since. from what you know about the senate. do you think he can pass? only afford to lose three democrats. excuse me, three republicans.

>> donald trump has just received overwhelming mandate from the united states people. and if kash patel is not confirmed. >> that tells you something. that tells you that the deep state is so deep and it has so many tentacles out and controls so many political leaders that it's going to put a demonstration like this, which should be on its merits completely acceptable. this is a man with enormous experience. but, because he is going to come after some bad guys who did bad things. maybe some of the senators will already be bought off. he should be confirmed and if he is not confirmed, it's a travesty. >> brian: all right. real quick on these rebels take over on syria. do we want them both to lose. look like al-qaeda. sunnies who are the extremists threatening to take over assad, syria which is evil on its definition. >> my old boss kissinger used to say about the iran, iraq war this is war you want neither side to win.

one side backed up by the russians and iran and other side you have groups of rebels, some groups are backed by al-qaeda. some are backed by turkey we even have a group in there we have 900 american servicemen in the middle of multi party civil war. how messed up the middle east is and why should we have americans yet again in the line of fire in a war that isn't going to work in any way to protect american vital national interest. >> appreciate it. know. this russia needs one more report to get weapons and everything else through that region that produces a lot of havoc and mayhem. i would love for that to be taken away. k.t., thank you. the daniel penny's trial begins this morning as the marine veteran faces up to 15 years in prison. we will preview.her. ♪ like your workplace benefits and retirement savings. voya helps you choose the right amounts

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and the things that we did overseas and not everybody can do that. adam! how's it going, brother? we live pretty close to each other. so he's always coming over. when i go to jack's house, we watch a lot of football, hang out. we go outside the friendship has kind of grown into a family i was talking to some vet■s last week amazing how we have these houses where they can come over because they■re in chairs too. carpet and wheelchairs don't mix very well. tunnel to towers, they got rid of all that. they redid my whole bathroom i thought they were just going to do the upgrades. but the surprise to me was they paid off the entire mortgage. when they told me they're going to pay off my mortgage, i cried. please visit t2t.org >> steve: on this monday morning a fox news alert for you. 10:00 a.m. eastern time in new york city. closing arguments will begin in

the trial of that man right there daniel penny. daniel penny 15 years in prison if convicted on charges of second degree manslaughter and criminally negligent homicide in the subway chokehold death of homeless man jordan neely as it is described. here to discuss is former state prosecutor elliott he he will . he did not take the stand in his own defense. >> correct. we won't know until afterwards whether that makes sense. >> the prosecution put in the videotaped statement in the immediate after path math of a crime. you best of all worlds. version of facts in front of the jury without him being subjected to what would certainly have been a very hostile cross-examination. >> steve: so, in addition to introducing the video. also you had other other pass jots and psychiatric expert said the guy who came on the train was having a psychiatric break

down one of the last witnesses psychiatric expert said he was in the midst of a severe psychotic episode. the prosecutors tried to keep that witness off the stand. they vigorously objected. judge wiley overruled them and said no, this guy is testifying. >> steve: so many of them, the people on the jury have ridden the subway on a regular basis. you have got to figure in closing arguments which are going to start in a few hours, the defense is going to say what would you do? if you were in danny penny's shoes, what would you do you could safe people on a train. >> seeing it through their own eyes, subway passengers the fact other passengers who say they were scared to death. two other passengers who assisted in restraining mr. neely. all of this gives the veneer of reasonableness which is what this trial comes down to were mr. penny's reactions reasonable. >> steve: only takes one person to hang the jury and then the d.a. would have to decide okay,

am i going to try this again or wind up with somebody else said that guy did what i would have done that. >> decision would be on house close they come to a conviction like a 6-6 probably not going to retry it. 11-1 or 10-2 to convict they probably would retry it. >> steve: why are so many people see this clearly as self-defense and others say it's something else? >> look, it comes down to whether or not there was a feeling -- a reasonable feeling of patrick and reasonable choice to restrain him. it's very different from the typically self-defense case where it's just one person's word. all these other witnesses who were there. they say we were scared to death. two others choose to join in restraining him. that's potentially very helpful for reasonable doubt. >> steve: let's see what happens today. elliott fee leg thank you very much. no go home and drive your kids to school. >> will do. >> steve: look at that leenkt

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>> hey, j.d. >> definitely looking like christmas across upstate new york and across pennsylvania and lake effect snow machine still cranked up today and the temperatures, brrr. let's take a look at it. wind chills definitely in the teens and 20's. these are current temperatures though, what it feels like. it's into the 30's as far as south as florida. we got 32 here in the northeast in new york and then we have more artic air moving in on wednesday. that is also going to trigger some of this lake-effect snow. some of the totals going to see 58 inchesseer erie and ontario a foot or more. we could see showers and thunderstorms across south texas. then the snow across the ohio valley and great lakes otherwise. it's cold. starting to feel like christmas,

ainsley. i wish we had a little bit of snow here in the northeast. you never know. >> ainsley: maybe we will get it soon. [bells] >> ainsley: thank you so much, janice. cyber monday, y'all. here with the best deals is kurt the cyberguy. >> kurt: ready to spend more money? >> ainsley: i need christmas presents. >> today is the last day. counting the hours at this point. always price check whatever you buy today. said a price check so if -- an alert so if the price goes down later you then get your money back. unlikely on anything you see right now. i want to show you our friends at polar bear and, again, i will say i apologize in advance when these are sold out because these will sell out. 50% off the quality is exceptional. these are insulated coolers, soft ones and hard ones. and then they have just introduced what is called the roller topper 45. this will hold 36 cans of

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>> ainsley: if you just worry about your child getting lost in the crowd or mall. >> kurt: cosmo junior track 4. great watch. 130 bucks. now 65. this is the. >> ainsley: call mom or dad and set it. >> kurt: it's amazing. amazing baby camera. "time" magazine innovation of the year. harbor smart baby monitor. camera. does not require the internet for you to monitor the baby. which is amazing. there is a deal for fox only which is $1,324. brew your own beer at home the pinter is just $49. then the roku pro-series tv. 55-inch. it is normally about $899.99. now it's about just under 600. 65 and 75-inch are equally as cheap.

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