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♪ ♪ >> it is 8:00 and guess how cold it is outside? >> lawrence: 27, 31? >> ainsley: you know? >> steve: it is 27. brian, how cold? >> brian: 27. >> ainsley: it is cold outside. joe. >> steve: 27-32, welcome to "fox & friends." >> lawrence: ewa fox news alert president biden pardons

his son, hunter. despite the people, watch. >> have you rolled out a pardon for your son? >> yes. >> brian: theory ago plus democrats panicking that trey gowdy defending his former colleague. >> he has quite candid allayed the most unfairly maligned person that i worked with the entire eight years i was in washington. >> ainsley: kash patel knows where the corruption is and that's what they don't like it. bible sales, y'all are booming thanks to first-time buyers and newer versions. how great is that? "the chosen" star will join us later this morning. >> steve: the final hour of "fox & friends" starts right now. >> brian: starting the final

hour with fox news alert, the man slid under dominic's manslaughter trial will begin in new york city. >> ainsley: chanley painter a lawyer in private practice for four years and prosecutor in arkansas. good morning. >> good morning, guys. and a couple of hours, the jury will return to the courthouse for all and closing arguments and the defense will go first and the prosecution will have the final say later today. for the last several weeks, prosecutors laid out a case by calling 30 witnesses did this man to print 26-year-old daniel penny went way too far, recklessly placing jordan neely, they said in a choke hold new york subway car nearly 6 minutes causing his death. they will argue daniel penny had martial arts training, he knew the dangers of his action and should have done differently.

the defense will argue for the jury his actions were reasonable and justified under the circumstances, and the choke hold was not the sole cause of jordan neely's death. the defense pathologist testified in his opinion go to a combination of factors including schizophrenia, blood condition lead efforts against the struggle against daniel penny are actually the cause. he does face a couple of count second-degree manslaughter and one count of criminally negligent homicide if he is convicted up the top count, he could spend up to 15 years behind bars, guys. >> brian: hay, chanley you get a sense there will be protester? i hear they have been pushing what they think is a race element in the case, which not many clear-thinking people would believe but the protesters are a presence, correct? >> they are and have been a presence day one of the trial. as i look around at the

courthouse, i do not see protesters. court does not start until 10:00 a.m. eastern time. we do expect the family from both sides of the courtroom from day one, family members of jordan neely and family members have daniel penny here to speak to are you hearing anything about the jurors and can you read their body language and where they stand at this point? >> absolutely. that is key. impact, i will get inside the courtroom because once you have your eyes on the jury, you can see where they are leaning especially when they put all the pieces, the jury puts all the pieces of the story together to make the final pitch. is the jury of five men and seven women with diverse backgrounds, many in fact said they had witnessed some sort of outburst on the subway train and many felt personally targeted in that.

that is important to take experience inside of the jury room when they start delivering his fate. the jury has to deliver lengthy jury charges and they are lawyers on the jury panel that will probably take the lead in the jury room and say, this is how we should apply the law to the facts. >> steve: to that point, chanley, with the logos becomes the form and, it will be very focused on the actual issues. >> exactly, that will be quite technical in the jury room because they will go by element by element and the manslaughter a reckless standard, which is basically something he knew substantial risk of causing death and more of that action, that is the crux of the prosecution's case. yeah, we had a good intention stepping in and the moment when he and others feared for their life, but he held onto the choke hold to move past the point of consciousness.

that is what the prosecutor once these jury to believe. should the defense says no, not only was he justified but action was not the cause. so it comes down to there are personal experiences on a subway car and what they would have done on the subway car reasonably justified to do in that situation, but also the pack competing experts from prosecution and the defense and who will they believe? >> brian: thank you so much, chanley sickle cell and just about every organ and drugs in his system and how can that not play a role in it? that they like to do is sell a story of michael jackson impersonator. but that is not the person on the subway. the family dangerous. >> ainsley: he was technically still alive. the nine what if we take the drugs out of it? how about legal right to defend passengers on the front even if it was inflicted by the choke hold? the question is should passengers be able to defend other passengers and themselves

on subways when filing and threatening to kill people? if you look at it just that way... >> ainsley: i think it grows it depends on the state. it would not be a trial in south carolina. >> lawrence: no dna. >> brian: but he chooses this case, come on! >> steve: brian, you mention protesters in the past during the trial? there is a good chance nobody will be there today because it is 27 degrees. and people are protesting as long as it is nice outside. the sad fact. >> brian: it usually pays people to show up. >> ainsley: how do people take off work to protest? >> brian: absolutely. >> lawrence: president biden pardoned his son leslie. , excusing in a defense his son may have committed over the past decade to.

>> brian: madeleine rivera at the white house with the latest on this and we knew it was going to come but we didn't know it would come yesterday. >> we do stemming, steve but the president may direct appeal to the public saying he hopes they will understand how we came to this decision as a father. some critics including democrats say the president's decision to put family over country sets a bad precedent. here is part of the president statement. he explains his reasoning, here is the truth, i believe belief in the justice system but as i have wrestled with this, i also believe are all politics as impact of this process and lead to miscarriage of justice. the president chose this course of action over the weekend although abc the first to report this news said he was discussing with his close aides the possibility of pardoning a country far back as june. he was to have hearings december

his -- tax case. asking the judges to dismiss those cases. there was little comparison for the president's pardon full and unconditional. it does not just cover gun and tax conditions but the grandpa son may may have committed between june 202014 and december 2024 and he joined pel holdings in 2014 and has been scrutinized for his role in the ukrainian energy company. pardoning of richard nixon for the -- from january 1969 to august 1974 which is the span of nixon's presidency. regarding on camera comments, no press briefing and a long way trip to angola and white house press secretary karine jean-pierre on air force one but that is off-camera. >> steve: if the president is going to pardon hunter a full and complete pardon for ten years, obviously, the first

family is worried that somebody will come after hunter not just for the stuff he's been convicted up, but stuff perhaps we don't know about. it is kind of like all hands off of him because you can't touch him. >> remember here, republicans in congress have been investigating hunter biden in his family, investigating him to see whether or not a legal providence from hunter's foreign business dealings. so far, republicans have found no wrongdoing by the biden family but that he is concer for the president as donald trump takes over next year. >> brian: thank you so much. maybe we will find out how much if at all of the fbi has been blocking this. we know they block the laptop and they braved social media companies about the hunter bide. and something will be coming through that is classic russian this information and mark zuckerberg told joe rogan

that. what are you talking about? they told me in august, the laptop russian disinformation, this was all by the fbi to help block the insidious step, that evil stuff he had with the emails and text messages with his family that indicated this web of international business dealings backed up by totally gnomic tony bobulinski his former partner. >> lawrence: that there may have been displaced and the democrats including the president, joe biden, donald trump would treat them like they treated him with political prosecution. i think they are wrong. i think donald trump would have pardon hunter biden. i think we would have got some type of report about corruption and what is happening in the department of justice and i think will clean housing. but i don't think he would have went after hunter biden. i think he has made it clear advantage would be contrary. >> ainsley: he would move the

country forward and that is why he got a lot of votes. people were sick and tired what was happening behind the scenes not being able to trust the fbi and not trust doj and not being able to trust attorney general. we have seen what they have done to the trump family over the course of four plus years and even before that actually when he was actually president. what is interesting, biden's pardon papers, i followed a simple principle just tell the american people the truth. you lied to us, mr. presmac, you said you would not pardon your son. omer neutra donald trump probably would have gone ahead and pardon him. but he probably would have way back when he became president last time, donald trump said going after hillary clinton a long time, she said it's time to move on. they have been through enough. the only difference if hunter

donald trump would have pardon hunter biden m50 some odd days and it would not be for that 10-year period that the two things convicted but not sentenced out. >> ainsley: good point. >> steve: joe biden wanted to ensure no one goes after hunter ever! and donald trump would not have made that deal. >> ainsley: he started january s later joe biden son is working for burisma. >> brian: kerri urbahn had a great point. she said one person is happy today and whose life was made a lot easier and here it is. >> my take away from all of this is this is actually fantastic politically speaking for donald trump. joe biden has lowered the bar so much here in offering this pardon to hunter biden and i think donald trump will be able to pardon a whole host of people, including january 6th without necessarily the pushback he would have received

otherwise. he doesn't just have mandate from the american people to clean up the justice system with a couple welfare but we have it from president biden too. they are all on the same page and they agree there is a problem in the justice system and the pardons will become a lot easier. also, joe biden pulled the ultimate move to override the doj, which of course, they would go crazy if donald trump had to say anything about what the doj was doing. i think president biden made things easier for donald trump going to -- >> brian: and that jay's six prisoners were happy too. >> lawrence: the american people did not believe him where the democratic party when they continued to say no one is above the law. donald trump is a threat to democracy because they were being lied to the whole time! they lied to us about the health of joe biden. they lied about this as well. i think this is all baked end. if you are liz cheney, adam

kissinger and the never-trump republicans, do you feel good about yourself? he ran against donald trump saying he was a threat to democracy as well. the intricately at the prison and joe biden is an honorable man. is this the honorable thing to do right now? >> steve: the democrats are in a pickle now and they have joe biden to thank for it. meanwhile, let's talk a little bit about this. a week after 25% terrorists threaten on mexico and canada unless they stop the flow of mie said at the time, be said this is how he negotiates and we will never see the tariffs, but this is how he gets to people on the table. up north and down south. first up, it was just after the president, incoming president donald trump spoke on the phone to the president of mexico and they talked about some sort of agreement stopping the flow of people in the united states. you know what happened? mexican authorities the same day

broke up two migrant caravans heading to the united states. apparently on the same day, the migrants in the president of mexico said hotel migrants in caravans will be taken care of before they reach the border. that is something new. how that happened after the conversation with donald trump. so, regarding the south, that apparently is something new and it is because of the tariffs. >> ainsley: we were talking about the caravans spent last week we were showing the images coming to mexico and they wanted to get here before joe biden is out of office. now they are being stopped by the esident of mexico because donald trump had one map and threaten her and she put on social media "migrants and caravans are taken care of before they reach the border." >> brian: that is great news. they had a difference of opinion what went on in that conversation but make no mistake about it go to a good conversation and i have a better

idea. why don't i come visit you? that canadians have $3.1 trillion of goods going back and forth. he went to election 2025. he can't have any type of trade war with the u.s. they are concerned about the numbers crossing their country. he said, i want to shut down the northern border and how do we do it? how do we work together? mar-a-lago seem to do it with mccormick there and governor burgum. mike waltz, that is a prestigious circle. so now we have both situations, engaged, active address. >> lawrence: boy did i miss this. every country as a leader and will go back and beat their chests because they don't want to appear weak. this is what the mexican president is doing. the call went different and i don't judge it by that but by the actions. the bottom line is the groups that are coming across have slowed down. they have been disbarred to.

that caravan has been broken up. says something happened. >> ainsley: don't you think they watch? you think he watched what happened in america? wait a minute, that is why he did the video, i will go after immigration now. >> steve: the canadian border minister told bloomberg after meeting in the mar-a-lago, canada will devote more drones, choppers, staff to the northern border, they are southern border and it's all because of the trump tariffs threat and that is all it took. it was just a threat. >> lawrence: this is just a coincidence. this is just happening by chance, the phone call matt nothing and nothing to do with it new administration coming in. i think this is a promise made and a promise kept. remember, he said from the very beginning, some of this step would be down before taking office. the commentator said no, he thinks he can pick up his phone and things get fixed.

lo and behold, things are starting to happen before he actually has the power as president. >> brian: a couple of things springfield, ohio, migrants going to sanctuary cities and number two the arrest of aurora venezuelan gang members and new york city. why is happening? we will see. it is not cool to be a gangster. >> ainsley: 19 minutes after the top of the hour and more headlines, we have a tragic story long island and brands area. do you want to talk about this? long island as the high school hockey player, he died after what is being called "sudden medical event" during a charity game of the week in. massapequa high school senior coach o'connor case and lost consciousness on saturday and medics quickly took the teenager to the hospital where he was pronounced dead a short e later. it happened during a charity game which was being held in honor at the teenager from another nearby high school who

died in a car crash last year. connor was only 17 years old periods other mission and have he was wearing? >> new york state troopers rest bring a woman during a snowstorm over the weekend and the women going from rochester to cleveland for a heart transplant when she and her husband got stuck in the snow. state troopers tracking the couple down and bringing them to nearby jamestown airport where she was flown to the clinic in ohio for the clinical surgery. wow, saved her life twice, right? consumer confidence jumping 11.7 points. that is 16-month high and second straight monthly rising confidence reported by the conference for code. we see the confidence because black friday online spending record $10.8 million this year increasing by 10% compared to last year.

today cyber monday, so we will see another jump too. brianne's wife store in new york city. >> brian: go online. >> lawrence: moore "fox & friends." >> ainsley: the last day for deals for christmas. ♪ ♪

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what do you make get out of jail free card for ten years anything that know about or didn't know about, they can't hold you responsible? >> look, joe biden has lied to us from the get-go as soon as he came into office i know nothing about my son's business deals. family know he's flying into china and all the photographs with his partners and all of that. joe biden is leaving lying. joe biden is complaining his son was targeted the pier or two it was selective prosecution. mr. president, with all due respect you are wrong. people go to jail all the time in your justice department allowed statute of limitations to run on the highest earning years that involves you. but let me say this, if he really believes the department of justice selectively prosecuted him, why didn't he fire merrick garland? why didn't he say, you know what, this is a it, you did

something wrong. everybody knows what happen here was a cover-up from the get-go of the crimes. they had to get david wise in there and they had corrupt plea deal a judge uncovered. he was going to jail. we are talking 2-time felony compact. at least donald trump in his cases, two of them were dismissed and the third one in georgia was a blowup and manhattan with an appeal it would go away. >> steve: joe biden and the democrats who voted for kamala harris obviously joe biden's camp, he has angered them, but again they squeeze joe biden now and i don't think he cares. a little revenge. >> i don't think he cares either but it was always going to pardon amp and karine jean-pierre is not having press conference for a couple of days. i wanted to hear her say that president has always loved hunter. his problem is not a problem,

baloney! >> steve: daniel penny at the closing argument today about an hour and a half but what does it look like to you? obviously, the defense is saying self-defense and that is why he wrestled back guy to the ground and that i had drugs in his system and all sorts of stuff. >> this comes down to do things was danny pammy justified to use physical force because you can use deadly physical force. he didn't believe he is deadly physical force and in fact go to the police department in minutes, is in his stopped, i let go of him. there were other people joining him to hold down jordan neely. make no mistake on the larger scale, this is about whether or not you can ride the subway in new york city. we are talking about homelessness, mental illness, drugs, and all of the problems people on the jury had seen. a a pen and the court room and i am on my way there.

it is everyone across the board and you name it they are on this board appeared just before here is the thing, it is a new york jury. they understand what is going on especially since this happened. the key issue is the cause of death. they brought in an expert, they brought in an expert that was genius. this is about a guy high on k2 and amazingly daniel penny within minutes of the police department said he was on that k2 stuff. he said it! and he had sickle cell not anemia but a crisis. we had k2 and observed himself fighting with danny penny. and the and, what you have is the cause of death that is nothing like what they need new york city prosecutors are alleging. >> steve: thank you for stopping by and we will see later in the courtroom, thank you judge. >> steve: link.

>> outside where it is cold, apparently 27 degrees. watch her tonight on "the five" comes up on the 5:00. heavy pushback from the senate and we will bring you on the trump transition live from west palm beach coming up. for god so loved the world that he gave his only son. so that everyone who believes in him might not perish, but might have eternal life. at harbor freight, we do business differently

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♪ ♪ >> lawrence: president-elect trump rounding out his team as picks face scrutiny from capitol hill. bill melugin in west palm beach, hey, bill. >> lawrence, good morning to you. note the transition process bowls they met in florida. pam bondi is actually going to be in d.c. were expected to meet with republican lawmakers on capitol hill. pam bondi has been serving as

florida's attorney general out here. trump picture after matt gaetz withdrew his own name from the nomination process. pam bondi is widely respected and repeatedly sued the biden administration over open border policies. longtime playlist and g.o.p. senator chuck grassley will meet with pam bondi this morning in d.c. she is expected to meet with other republicans to pave the way for a smooth confirmation process. in addition to charles kushner with ambassador of france coach a big-time splashy pick over the weekend was nomination of kash patel for fbi director. as you can imagine that announcement shock waves through watching to mostly outrage from democrats and praise from trump's allies. he served defense roles under trump's first administration. trump has called him a brilliant lawyer and investigator and "america first fighter who has

spent his career exposing corruption." lawrence, this is where it gets tricky the fbi director christopher wray in the middle of his 10-year term which does not expire till 2027. chris wray said he has no intention of resigning. so with a trump once kash patel not only does he have to be confirmed by the senate, it looks like trump will have to fire christopher wray. we will see what happens when it comes to that front. we sent it back to you. >> lawrence: it looks like that will be the first fire. thanks, bill. kash patel vows to go after the deep state, one democratic lawmaker does not think it exists. >> being what the proof is that the fbi has been weaponized against a political party or the department of justice here till that is what they mean when they talk about politicization in the deep state peer to the deep state no one has defined it but apparently it means anybody that doesn't do the will of

donald trump. >> lawrence: but others may feel differently like the parents labeled as threats to national security at school board meetings when they question what their kids were really being taught. "fox & friends" we can campus rachel duffy. the former president trump and joe biden agree on it and joe biden says it has been weaponized as well that there is a praying grandmother behind bars right now, rachel. >> that is ray and i actually interviewed fbi agents taken off of child investigations, in order to get put on the case for january 6 and all those people sitting in jail and donald trump rightfully calling out they are the ones to be della. [boos] who deserves be pardoned. christopher wray and i hope he does get fired. the same guy who went after help, the catholic pro-life

protester. the fbi showed up and 20 agents in front of this kids, the kids crying and the mother deva devastated. and they sent spies, informants into the catholic church is trying to push that narrative that catholic traditional catholics were part of this white nationalism narrative that they were trying to is to actually punish and persecute anyone who supported trump or had christian or conservative values. do you can look at everything they did to donald trump and it was awful, but they did it to american citizens who they perceived to be opposition. the interesting thing that is going to happen right now because all right people are mad about kash patel that he would go in but i just wonder how much bleach bedding will happen between now and then. destroying documents and someone

put a picture on line shredding truck parked in front of a federal building. how many phones will be wiped? during the mueller investigation 27 pounds wiped clean because he entered password too many times. and also january 6th, they got rid of all of their records. that is what i'm curious what will happen between now and then. >> lawrence: congress should step in in the meantime to make sure this is all secure until we get to the bottom of this. you have your show on the weekend, -- >> let's try that again. >> i should be getting this right. 4:00 p.m. eastern time. >> i'm not going to complain about that. [laughs] >> lawrence: more "fox & friends" straight ahead. ♪ ♪

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♪ ♪ >> brian: a fox weather alert is baked big lake no hammering fed great lakes with 4 feet of

snow in parts of new york. pok storm specialist, mike seidel surrounded by those snow upstate new york. what makes this different? >> we've got an update on the snow total, 65 inches off of the plateau where they average 300 inches a year nearby class and they get mayville. they have had four and a half feet of snow and it is hard to get through. now, 3 feet on the ground and it is quite the workout, quite the workout. the roads have improved quite a bit because the snow has stopped for now. they are our bands and the county but a big one just 5 miles away missing a spiritual look at the road surface, that is nice to see with daylight, ss and now snowing 1-2 inches in our. both of these counties under lake snow warnings until 7:00 p.m. tomorrow. we could get 1-2 inches of snow

and i-90 open everyone including commercial vehicles until 2:00 a.m. i thought this was a bench. so i sat down. but is actually a sign, brian, but is not a bench. but it makes and i spent. how about that? a very, good snow angel and wednesday and thursday, neck system a lot of land and more lake effect and blowing and drifting. we haven't had a lot of land so basically no power outages western new york this morning 2. spin when you are like an archaeologist and you never know what you will discover undernea. i appreciate it senior meteorologist janice dean for a larger forecast. >> don doesn't have to shovel out they are which is a great thing. >> brian: so far. >> cold enough for snow for many millions of people across the great lakes. we have the potential for at least a foot of snow the next

24 hours. and this is what mike was telling us about wednesday and thursday, and other system that moves and upwards of 2 feet of snow. incredible start to the season. 22 richard, atlanta tomorrow morning's allowance and wednesday bitter cold as far south as florida. began into the christmas spirit and december 14th, i will head to asheville, north carolina. of course that area devastated by hurricane helene and we will get about toys, tunnel to towers and retired firefighters and myself headed to asheville area and surrounding areas giving out toys. you guys have been amazing donating so much money. the most donations they have had in 23 years with this company so givesendgo.com/holiday. thank you, brianna, video. >> brian: it is going to be great december 14th and we will talk about that janice. the hollow apps and you know the

hollow app annual christmas challenges here are. that is next but first, my challenge is to toss to bill and dana together getting up this week at the top of the hour. >> well done, brian. we are ready to go. >> brian: sorry about the bengals. >> i appreciate that and rest in peace next year will be in the year. we will hear from multiple legal and political voices on the move to clear hunter biden coming up here. >> also, you will meet an american doing hard time as the same offense has hunter biden. >> we will talk to tom homan how we will deal with that coming up. >> a boxing match or football game? he will decide in a few minutes. ♪ ♪ come on in, how are you?

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just closing a loan. we want to do whatever is best for the individual service person. we want to be known as america's mortgage company for veterans and active duty service people, and they and their families. we're the ones that are there to help them. people are doing hard, arduous, difficult, dangerous things. some of them are giving their lives right now today for the freedoms that we have here in this country. they're willing to do that for you for me and for our family. so for us at newday, to have the opportunity to turn around and help those people at this point in time. it's a labor of love. it's a noble service. and that's what we're all about.

the season of advent leading up to christmas. our friends as hallow are welcoming you to join their christmas pray challenge pray 25. jonathan roumie and alex jones are joining me. bible sales are up 22% in america. amazing because i think of hallow and i think of the chosen. tell us about advent 25 and the prayer challenge.

>> we do these big challenges really twice a year. one is leant, the season leading up to easter and the other advent, this one. this is going to be our biggest challenge ever. it's beautiful. we try to do the month of december can be so stressful and busy. what we try to do is take ten minutes with the lord to start off each day on the right foot. >> ainsley: what can we expect when we log onto your app and see you, jonathan. what will you do during the 25 days? >> greet people in prayer and welcome them into a time of meditation and moments and opportunities to draw closer to the lord to tune out all the noise. i'm joined by a fantastic variety of guests. we've got kevin james, music from again stefani, lauren daigle. there are so many people involved in this challenge this year from such a di verse range of voices that i think it will

really make the experience of advent come alive in a way it hasn't previously. >> ainsley: what exactly is the goal? with your app and what's the goal during christmas for america? >> for us it is just to center each day, our whole lives on the lord and find his peace and his love. the point of prayer is to fill up your heart with the love of god. that's the theme of this advent for god so loved the world. jonathan does a beautiful job of leading us through it. our test is whether we get jonathan to cry while he is recording it and we got a couple of tears. >> this was a powerful challenge. >> ainsley: mark wahlberg has been involved in it. we watched the chosen and my daughter watches it. last night she had a little girl spend the night and they wanted to watch season one episode three with the little girl and children that come and greet you. god has definitely put you in

this role to bless our lives. tell us the back story of our app. why did you start it? >> for me i had fallen away from my faith and came back to it. i would have considered myself atheist for most of my life and discovered jesus in prayer and we built it for me. the last five years we crossed 22 million downloads plus 150 countries. it has been a blessing to watch what god does when we let him work. >> ainsley: god is blessing you because you are faithful and spreading his word. you will lead us in a prayer, jonathan. do you mind doing that? do you need a copy of it? >> i probably do. >> ainsley: it starts right here. >> okay. almighty and merciful father, you created us for perfect communion through you. you so loved the world you sent

your only son who everyone would have eternal tif for all who believe. show us the face of jesus and we shall find in him true peace and joy. pray this in his holy name, amen. >> ainsley: amen. god bless you. thank you so much. will you join us at our advent calendar? follow me. there is something special that involves your app. we'll join steve. steve, you know jonathan and alex. >> steve: nice to see you again. hello. it is december 2nd. behind door number two. i feel like a host. it's a one year subscription of hallow. this is available on your website. it is a perfect last-minute gift. >> ainsley: perfect stocking stuffer. thank you, merry christmas. thank you so much. have a good day, everyone.