attention. they're going to capture that bike and that's going to assist with additional forensic investigation. >> harris: i don't know if you can get a city bike without a credit card, but there's a lot of people with prepaid credit cards because this is a sanctuary city and they don't have anybody's name on them. so we don't really know. leo, i heard you in the background. we are almost up to the top of the hour. your last quick thought to mexico 20 seconds subpoenas for everything in that hotel with to mike where the shooter came out of fit how the heck did he come down 5-10 minutes before the ceo? he had received knowledge. there has to be people other than the shooter. >> harris: you said it in less than 20 seconds. nicole, appreciate your expertise. thank you for all of this there is more to come. thank you for watching "the faulkner focus." "outnumbered" now. ♪ ♪ and we will come right back. an active manhunt underway in

the city of new york. a brazen killing of unitedhealthcare ceo brian thompson. the health care executive was on his way or out of the hilton hotel in busy midtown manhattan when a mass gunman fatally shot him in the leg and in the chest. the suspect reportedly fled the scene on a bicycle, a city bike that you rent here in the city. and apparently there is a way to track those bikes with gps right now, and police are using that. nypd is using that. i mentioned just a few minutes ago on "the focus," i don't know if you can get one of those bikes without a credit card. we have a lot of people roaming here, because it is a sanctuary city, who have prepaid credit cards and they don't have dna like soc numbers and all that. that's a lot of work for officers. the nypd has released dramatic photographs of the gunman. let's look at these together. you can see the man fleeing the scene on the left. on the right, the photo appears to show the suspect aiming his

weapon, potentially during the murder. this is "outnumbered." i'm harris faulkner here with my coasts, emily compagno and kayleigh mcenany. also this hour, tammy bruce, fox news contributor and author of "fear itself," and jimmy failla is here, fox news saturday night host and host a fox nation night of comedy. i want to first go to alexis mcadams on the scene. we have got so much information during that news conference. i'm curious to know, how are things changing on the ground at this point? speak of the investigation is still ongoing but it was a lot more information then we expected from the nypd. the main point of having a press conference was because they wanted to try to calm everybody down. as we said, there is a tree lighting happening a couple blocks from where i am right now over at rockefeller center in a few hours. so the reason nypd came out that quickly with that information is to let people know, this was not a random incident.

they say this was a targeted attack. from nypd sources on the ground in new york city, and being told this was a hit job on this american ceo who just traveled it not too long ago on monday into the big apple, because he had some business meetings. it was supposed to go on this morning, 6:45 a.m. he walks right over here. i'm going to show you where it all happen. we will move up and show you. you can see the crime scene tape and the hilton on your left. i'm going to lay this out. the guy is walking up to the hilton to go in for a business meeting. he was actually staying nearby at a different hotel. walks over there. somebody comes up right behind him, just within reach, pulls out a gun, fires one, two shots right into the back. one in the back and one in the leg. but we know there were three shell casings on the ground and three other ones still inside, they are saying. they're trying to figure out, with that gun, did it have a silencer? that's one of the questions they asked at the press conference at the nypd.

they wouldn't say, because they're trying to look closer at those surveillance clips. let's look at them together. this shows a guy with a backpack, hops on a bike. that's a city bike. i live in new york and i ride the city backs all the time. you have to put in your credit or debit card information to be able to use that. he was on an electric city bike, they're going to be able to possibly figure out who he is because you've got to put in that information. did he dock it? where did he go after the shooting? we are told he went right over to central park. you heard the nypd officer talking about how they had those drones and a lot of activity in central park. so they might be able to figure out exactly where he went. at this point, though, that's all they know about the suspect, that it was not a random attack, it was targeted. they don't know exactly where he was staying, but as soon as he spotted this ceo coming, that 50-year-old, he went right up to him and shot him right in the back. so this was an ongoing murder investigation and they don't know what the identification is of the suspect, but they know he's out in new york city right now. i want to pull up this picture

if we can, of brian thompson. this is who this is all about. his family and friends in minneapolis, where he's from, are waking up this morning to find out that he was killed on a business trip. so we don't know exactly who he was staying with at that nearby hotel. i want to come back out here live if we can to show you behind me, what's going on. that's one of the questions we asked. who did he come to new york with? what kind of business was here for? why did he show up at 645? was he there to meet someone? he was just there to set things up, we are told. the meeting probably started at 7:00, 7:30 at the hilton. one of the officers that he was getting there early to be prepared. he had a huge job at this health care company, one of the people he was really toward the top. he had a lot of people reporting to him and he was looking forward to meeting with them here. now his family is trying to figure out exactly what went down and why somebody pulled out a gun here in midtown manhattan and shot this guy twice. once right in the back. they did try to perform cpr on him in front of the building, but he wasn't able to make it.

as this all develops, the nypd is telling everybody, don't be too afraid for your safety because we have this under control, but there is an ongoing of the stations or take that as you wish. >> harris: we are getting more information and i want to bring in nicole parker, former fbi special agent news contributor now. you are with me the last two seconds of "the faulkner focus." break down what we didn't get to that was so critical to you. because your first words out of the news conference where that it was just chock-full of information. >> i did, i thought it was not standing press conference. a few of the things i noted, to me, as an investigator, the number one thing is that they were able to recover a cell phone. a cell phone is a treasure trove of information as far as the text messages, who they were communicating with, who the contact where, who they were calling, locating where the phone was leading up to this incident. this is not a random attack. this is more of an assassination attempt. there was a preplanned motive definitely here. i don't know who the individual

was, it was a hit man or someone disgruntled, but there is no coincidence here. this is a high-level executive in a very prestigious setting of new york city, and the individual, the ceo, or the executive who was killed, he came from minnesota. he had access to the schedule? how many knew where he was going to be? with the conference online, was advertised, was it on the internet? who had this information? had he had an issue with someone, a disgruntled employee, agreements, personal relationship issues? all of this will be delved through by law enforcement both in minnesota and new york with nypd. so it's going to be a joint investigation because they want to understand what is his history. they are looking into his social media accounts, interviewing loved ones and family members, employees. this is an all-hands-on-deck issue. another thing i thought was interesting, i believe they said there are gps devices on those bikes, and that is very crucial information and detail.

he likely had planned this, obviously, and planned to walk away. he probably knew exactly where the bike docking station was, got the bike and went off. as we mentioned with another guest, central park, maybe not as much surveillance footage is going to be located from that area, and obviously many places to hide in that backpack. what is in that backpack? we know suspects are usually in one set of clothing and within moments they get changed, they change their entire persona. that was probably what was in that backpack so he can roam around new york city. nypd is the best on the brightest and this individual will be brought to justice, have no doubt. >> harris: and roaming around a city where we just found out we had 58,000 extra criminals on the ground here because we have let in so many illegals, and it was a number that popped less than 48 hours ago. among them are some vicious, violent murderers. not that that has anything to do with this case, except that extra footwork for nypd. you've got to feel through all

of that and you have people already trying to hide from law enforcement. steve got to make sure everybody who is hiding faces and doing all that stuff isn't part of -- that is just mind-boggling. 58,000 of these people here, and these are the bad guys. >> unbelievable, and again that is a failure and another topic. but it links into this. the violent crime issue going on in our cities nationwide, typically in more democrat-led cities, is unbelievable. thickly we have a new president, the new sheriff coming into town, and that's got to end. this bike is for various reasons, particularly the open border. having been an fbi agent, and i know people working on that border, it's a very dangerous threat to our nation. i can't say there's any link to what this individual -- i can't say this individual has anything to do with the border, but you're right. the resources in new york i already spread thin because they dealing with the spike in violent crime because of the open border. going back to this awful tragedy, this individual had a

mask, he had gloves. the timing of it. looking into everything, piecing together this cctv, that hotel is going to go back and see, was there anyone casing this hotel prior to this incident? was there anyone looking around before? they're going to be pulling all the video footage for that location and areas around that location to see if anyone was seen casing the hotel. this individual is from minnesota. he's not a resident of new york. whether any suspicious incidents with his travel, him getting to new york? i have a friend, a former fbi agent colleague, who is in charge of protective detail for the ceo of a large insurance company. i will not name him. >> harris: at the point i had a question about. >> this individual did not have a protective detail. so that puts him at a higher risk, as well. >> harris: that was my question, too, nicole. i'm going to bring it to the couch here on "outnumbered." i don't understand why someone at that high-level wouldn't have had a security detail. that is actually the exception to how people role a lot now.

they roll deep with lots of people around them, protecting them. ceos of companies we never heard of little unitedhealthcare. i'm going to let you know, go for now. we will bring you back as this news develops. thank you. emily, i want to come to you. they were a couple things. first, let's try to keep that to plant up if we can, because we have a lot of tourists in the city. some of them might be from some of the areas affected by the story. maybe minnesota. we don't know. 800-577-tips. the local authorities and fbi really need your help at this point. did you hear the words that nicole used in terms of describing this? she migrated from targeted to assassination, because of the high-profile nature of the victim. >> emily: i have to say, harris, i walked past that particular location every day here in the city. we all do it, so close to here. it's the site of conferences constantly, massive tourist activity. i sort of can't overstate the sheer volume of people going in and out, and in fact they have a specific area in front for all

the bike traffic, as well. the fact that this surgically specific shooting occurred in front, right next to someone that was uninjured, absolutely shows how targeted it was and hearheartbreaking it is, for go. it's interesting you bring up the security detail, because so many of those high-profile positions require security details, don't even drive their own car, open their own mail, return email. it breaks my heart, as he was heading into an investor meeting, the ceo of an incredible company that then doesn't make it there and just in time for the holidays, his family is now heartbroken. >> harris: do you get to that word, assassination, based on everything we know about the victim? pts. i mean, he's not a political head of state, so -- >> harris: you don't have to be. but he's well known. >> emily: as the nypd says, all evidence points to it being a targeted and premeditated shooting, and just unfortunate,

heartbreaking. >> harris: to hear the former fbi agent and expert, nicole parker, say that, it puts in a different lane, i would think, legally. so that's why ask the question. the man is gone. he's dead. but how they pursue the suspect, if that's what they would call something like that, is also very different. you know, kayleigh, many of us have written those city bikes. it's going to be some dna on that bike. you know he had on gloves, but there will be something because he was on the bike, and the grid, the cameras are able to be linked to in all these merchants and a live feed at the nypd can link into you, they know where he was before he got here. they know a lot about him already. >> kayleigh: they know a lot. they see what's in that cell phone, and emily mentioned this, there was a bystander and they're trying to identify the bystander. that's critical, to see if words were exchanged, and the recollection of the bystander is big. my head, immediately, when i heard about this, went to who are the family members of this individual. i looked it up, he has a wife who is 51 years old, he has two

sons. they regularly posted about their beautiful vacations together. the wife is very much in love with her family and it's sad to think as we approach christmas, hanukkah, the holidays, he will no longer be with his family. nbc -- and this is not our reporting, the nbc did manage to get in touch with the wife who said, yes, we have had some threats. i don't know details. she went on to tell nbc news, i can't really give a thoughtful response right now. i just found this out. i'm trying to console my children. >> harris: oh, my goodness. >> kayleigh: as we woke up, a father is no longer here, it wife trying to put pieces together. we don't know about a motive but we do know paulette is trying to be with her two grieving sons at this moment. very sad. he won paulette thompson. we will say her name. you know, jimmy, one of my questions had to do with the tree lighting tonight. because you're going to be looking for somebody with a million people here visiting. in this already has 8.9 million in the boroughs and then those

people coming. you cut tourists, it's an iconic night, attentive cameras, live feeds from all over the world people are watching. this is complicated enough without looking for a specific killer. >> jimmy: i know, that's where the nypd really doesn't get enough respect. >> harris: amen. >> jimmy: that tree lighting your referring to, three blocks, two blocks from the scene of the murder. to give people an idea of where this is new york and the magnitude of the venue, when trump won the presidency in 2016, he declared victory on that stage, the new york hilton. that is the ballroom he was saying when they had that moment. so what i mean by that, this is a part of the city killing. and it is a killing that appears to be professionally done. if you look at the images we been showing, they didn't confirm this in the press or, but they did say the gun appears to have had a silencer on it. which is what you have on a gun when you have planned to kill someone and try to get away.

so the emotion of all this -- again, back to the family -- it really makes today challenging on too many levels. >> harris: i want to get to this. the nypd describes the gunman during this conference, and i want you to hear it. we will plant now. >> the shooter appears to be a light-skinned male. he's wearing a light brown or cream colored jacket, black face mask, black and white sneakers, and a very distinctive gray backpack. >> so again, a lot of eyes on this, tammy. >> tammy: there are. what's interesting, too, we know this man has got a very important job. visually he would not have been recognized as anyone in particular in the city. it's not like he is famous. so that brings up another aspect of, obviously, this shooter knew, we believe, who he was killing, and the fact that he was shot in the back, or did he even need to see?

he would have seen them crossing the street, and waited. so that is also with inter interesting, if we learn if something was said pay but this is a man who had been with united health for 20 years, from 30-50, as he was raising and starting that family, and before this he had been an accountant with pwc. very standard life experience, job, but was also the cfo for that insurance group. there is a ceo of unitedhealth that maybe would be more known who testified with congress afafter the cyber hack earlier this year, but it wasn't this man, it was the ceo of the gr group. this brings up issues when he saying he is targeted, but there are other murders over the last few days in new york, but not midtown where there is a special attention, because of the tree, rockefeller center, because of tourists. and yet here we have the situation. clearly they're going to find

out what goes on, but it is shocking. >> harris: what is chilling about what you're saying, now i sort of understand how we got to it last hour. is there something personal? they're going to the hotel room, asking a lot of questions about if there was something in minnesota, something here. >> tammy: they would be in the hilton and it could have been so comfortable, being across the street coming. but why wasn't he staying at the hilton? >> harris: and why didn't have security with him? >> tammy: he was waiting for him. >> harris: i want to bring in paul mauro now. this has been several hours of this now. tell me where the investigation would go. >> right now they are almost certainly diving deep into his personal life. a street-level salve on this goes dumb it grows smaller and smaller as we get away from the incident. they tracked in the central part, as we heard. there are a number of blind spots camerawise. so while they are leapfrogging

by now video to video, they may have gone dark there. so they're going to be scraping very hard into his life, and there's a couple open questions. for instance, he's got the backpack on. why is he carrying around this heavy backpack? is possible he had a change of clothing in there? he seems to have known what he was doing with the gun because he was able to clear a jam quite quickly although he left some live rounds at the scene, which means in clearing that jam he ejected some live rounds. at the data point you can begin to look at. the silencer, that is very, very rare. silencers are very hard to come by. it's tough to see from that image, but it looks like a homemade silencer. there silencers and then there are silencers. some silencers are as simple as putting a plastic bottle over the end of the gun. that's another data point to be looking at. the city bike. they'll be scraping all of these things, but they take time. as i said, a street-level salve or somebody says he went into that building, et cetera, that

begins to diminish as we get further away from the shooting. >> harris: why a silencer, though? is it so people don't have the shots and go running? why even do that? you're going to kill a man. >> in midtown manhattan, he very clearly planned his escape. he wants to draw as little attention as possible. i know the cut through that he ran through. he wanted to stay as anonymous as possible. so far he has exceeded. >> harris: because if people can't see where the shots came because they heard it, they don't rush in and he's got an easier getaway. i totally get it. all right, last question, about the tree lighting and how complicated. when you make the call on the tree lighting that starts at 7:00? are they going to really try to do this simultaneous with a murder that happened four blocks away from the biggest event all year in new york city? >> yes, they going to do it, and it is a call i agree with. there are always things going on in midtown manhattan. having read intelligence for so long, you get so many threats and semi things going on. obviously this is a lot more

dramatic and public and tragic, that you have upwards of a million people coming in. the city thrives on tourism. there's a ton of security, a lot of overlays at that event. i worked at many times. does a lot of things you don't see. i'm sure it's going to be safe and they're going to go forward with it. >> harris: real quickly, kayleigh is mentioning threats that the wife mentioned to nbc news. any quick thought on that? >> obviously that's something they're going to be looking at very hard, looking at online threats and things that might've come into social media, et cetera. they're going to look very hard at claims that were denied, because that is the obvious motive here. you're going to have to cast a very wide net. let's remember one last thing i would just throw out, we still don't know that it wasn't a case of mistaken identity. it doesn't look that way, but you have to admit, of all possibilities right now, for all we know, he shot the wrong person. >> harris: paul mauro, thank you. and right now at the u.s. supreme court the other breaking news story we are watching this hour, oral arguments have gotten underway any major case on banning gender changing treatments for

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morning. that shows you how contentious this case is. as you mentioned, the first time justices have waited directly on this controversial issue. the case originates out of tennessee and involves treatment like puberty blockers and other hormone therapies. the specific state law bans medical care for transgender adolescents. one of about two doesn't seem to similar measures. in 2023 donald trump's campaign promise to ban treatments for adolescents nationally while preventing coverage for such care. they've been outside the supreme court for several hours. this case will have implications that extend far past the tennessee borders. this will have a broad affect it in all 50 states and go past the walls of the medical facility. transgender productions in sports and access to bathrooms. here is an activist against some of this care who detransitioned. watch. >> to allow them to make a decision that will affect not on the entire course of their

development physically, psychologically, and reproductively, it is completely ridiculous. it is okay to allow your child to experience this discomfort, because it is normal to experience discomfort going through puberty. everybody goes through it. >> lgbtq groups have eyes on president biden in his final weeks in office to see if he'll achieve some sort of executive order or blanket protection that does not involve the fractured congress right now in washington. the white house has touted his work with the lgbt community in the past but many are worried as the trump administration is coming to town on this issue. we expect a decision from the supreme court likely later in the spring, when trump is well underway in office. back to you. >> kayleigh: david, thank you. i listen to the oral arguments, you have highly competent attorneys. i listen to justice roberts, thomas, among others. definitely the conservative lien seems to be expressing some

skepticism of the arguments being made on behalf of transgender surgeries for mi minors. i want everyone to just before the oral arguments. the aclu attorney arguing the case was on cnn and had a statement that we would call eyebrow raising. >> since they were two years old they may have known exactly who they are, suffered for 6-7 years before they had any relief. what's happening here, it's not the kids consenting to this treatment, if the parents consenting to the treatment. as a parent, i would say, when our children are suffering, we are suffering. >> kayleigh: let's do some math. 2-year-olds who know they want to change their gender. i've had to come 2-year-olds. i don't know how a 2-year-old knows that. then you have six years they've been struggling. that was advocacy for 8-year-olds having life-altering surgery. let's pull up "the washington post" poll this matter. 68% of u.s. adults do not think those 10 to 14-year-old should not be getting this life altering treatment. i wonder how the nation feels if you change that to you, say,

8-year-olds, tammy. >> tammy: most of us, as you know, children, the tendency here -- i've been arguing against this for years -- is for the gay community and other adults who have some sexual issues or sexual frameworks they're dealing with is to not project it onto children to justify the choices that we are making as adults. this is what this has been from the beginning. my concern about the supreme court goes back to 2020, with the clayton county dec decision. justice gorsuch noted, and it was 6-3 regarding discrimination against workplaces, which said yes, sexual identity or transgender fits into that framework. his framework, he used the phrase, if an employer penalizes a person identified as male at birth for traits or actions it tolerates in employee, identified as female at birth.

that is political language taken from the left. it is not scientific. it was using this framework that someone at birth is identifying that baby as one thing or another, meaning that it is fluid, and this is my concern when you're dealing with 2-year-olds, 6-year-olds, 8-year-olds, of the assigning or identifying it as as opposed to scientific reality. and they are using this case here to say that this is a legitimate aspect regarding small children, little kids, 2-year-olds, et cetera. and we should not. it is an ideology. it is political, and children should not be thrown into that volcano. >> kayleigh: i want to note that oral arguments just wrapped, so that's about two hours 30 minutes on the needle. in my mind serves me correctly, roe v. wade, the argument there and the dobbs decision ran about that long. so they just wrapped.

emily, i want to bring out a point that i think is very, very, very important. i believe science matters and facts matter. europe has followed the science on this issue. in the united states have been wrapped around political arguments. i want to bring in some of the science. this is the international review of psychiatry. the conclusion is that children with gender dysphoria strongly associated later in life with the lesbian, gay, or bisexual outcome. the gender dysphoric feelings ended around puberty. in other words, 85% of kids who thought they had gender dysphoria wanted to change their gender ended up not. 85%, around puberty. i want to make this personal. as someone who has had a bilateral mastectomy because i have a high risk of cancer, it's a life altering surgery. you cannot reverse it. removing your ovaries, chloe cole made this point, no 5-year-old, 10-year-old, 15-year-old should go through menopause at that age. why are we doing life altering procedures on 85% of children who may change their mind?

>> emily: and why are states stepping in logo prentis and the parent only seeks to protect the children's biological body? it is absolutely aberrant. i want to make this point reviewers. they decided to join in, and i want to make sure everyone understands that i it's the current administrations the permit of that seeks to weigh in and support the mutilation and the butchering irreversibly of these children, and that januart enough, because with the new administration they will seek to restore not only law and order but also the foundation of biology. in the protection of the family unit, the protection of children's wins. because absolutely, what children explore and feel and think are all over the spectrum.

if we can't trust the kids to vote, to drive, to do things, obviously, why do we think we can trust him with a and irreversible biological change? but biden's doj weighed in on this case. >> kayleigh: i want to bring in justice cat ketanji brown jackson. listen to this. >> a racial class patient was being drawn by the statute. the question was whether it was discriminatory because it applied to both races and it wasn't necessarily, or whatever. as i read the statute here -- excuse me, the case, the court starts off by saying that virginia is now 1 of 16 states which prohibit and punish

marriages on the basis of racial classifications. when you look at the structure of that law, it looks in terms of, you can't do something that is inconsistent with your own characteristics. sort of the same thing. it's interesting to me that we now have the different argument. and that they got away with what they did here by just sneaking a classification argument, the way that tennessee is in this case. >> kayleigh: ketanji brown jackson is a brilliant jurist. that somehow interracial marriage is compromised because of reversal in roe v. wade. it's a huge stretch. >> harris: if you're talking about children who can't make medical decisions, that is one of them. if your goal is to protect children, that is separate. i'm in a biracial marriage.

i'm in an ecumenical marriage. if we are protecting children, how's that that going to jeopardize me and tony? if you're telling me that children are at hand here, puberty blockers, one of the number one drugs, is meant to treat prostate cancer. can you imagine if you put that in a little one's body? dr. siegel has said it makes your bones brittle, it stops you from growing the right way. we don't know what it does to the brain yet. it can't possibly help mental health. we have seen a suppressed report part of this whole case, as well, about that, about the effects of puberty blockers. the goal is to protect the kids. but i'm going to take us to a place i know i'll get criticism from. i don't care. this is about spirituality, as well. when we are born, god decides who we are. you get xx, you get xy. if you want gender fluidity, it's got to come at a time when you can actually understand and express it. i want to tell you, 2, 3, 4,

5-year-old can't do that. why are we messing with god's creation at that point? >> jimmy: good point. to the station made earlier about the 2-year-old, if your 2-year-old is trans or trapped in the wrong body, it's because you have convinced them they are. as a parent of one child, i can tell you, if you are blessed with the gift of a child, you taken a macbook air out of the packing peanuts and you're responsible for the direction it takes in life. >> kayleigh: my 2-year-old doesn't know what he wants to eat for dinner. he throws it on the floor. he's highly qualified to decide to change his gender. right now the jury is deliberating the fate of former marine daniel penny. coming up, the very telling question they asked that may affect the verdict.

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>> emily: jury deliberations are underway and daniel penny's manslaughter trial here in new york city. the marine veteran faces up to 15 years if convicted of killing jordan neely using a choke hold on a subway train back in may of 2023. yesterday, the jury asked the judge to read back his instructions on details of the use of force. we'll see how that plays out in a verdict. it turns out assistant districta light sentence for a man who killed and 87-year-old over $300. the horrific incident is, in that video. the killer snuck up on the elderly college professor and punched him in the head. he later died of his injuries. this is a graphic video. they charged him with manslaughter instead of charging him with selling manslaughter.

reducing his sentence thereby for 25 to life to ten years under the concept of "restorative justice." she also "felt sorry for his past trauma." jimmy, it raises questions about the neutrality where the targeting of this particular prosecution here in this crime-ridden city. >> jimmy: it's hard to feel like this prosecution is being brought through political lens. that's the biggest challenge facing our desist apartment as a whole. everyone on the side of daniel penny, everyone who knows the story and has written that train is about a game we play on the subway called "dear god, not me." at least once a week you get on the train, there's someone screaming, barking like a dog, someone with no shirt on, some lunatic, and you're just hoping it doesn't come to you, it goes to somebody else. but you're always thankful when there is a daniel penny to get it under control. and in this case, what he did is

what every woman in every man who loves a woman would want to see happen on that train. so the idea that he is being prosecuted, that this is already an abomination. but if he's found guilty, we are not looking at this as an evidence-based conviction. the people on the train testified that he was a hero. we are looking at this as a politically tainted prosecution, and i feel bad for the city because, if he's found guilty, the subway to become that much more dangerous. so i hope the jurors are playing ball here, because they have an investment in this verdict just the same, that you want the subways to be safe. ct earlier brian kilmeade on "fox & friends" interviewed the hero on the french train, trainn on the train. he was a hero. he is now represented out of the state of oregon and he said exactly what jimmy said, that if daniel penny is convicted it will lead to inaction, that everyone will remain terrified, not only of the threats on the subway, estimate educated, that we feel every day, but

intervening to protect another new yorker because heaven forbid they are prosecuted for it. >> kayleigh: i had very strong feelings about this case. i was outraged. i couldn't get this case out of my mind yesterday. i can't believe alvin bragg decided to bring this against a good samaritan. i'm going to go so far as to call daniel penny a hero. to not take it for me, i brought the words of some of the people on the train, to jimmy's points. this is a retired bystander, lived in new york 50 years. she said he is a hero, it was self-defense, i believe in my heart he saved a lot of people. mr. penny cared for people. that's what he did, that was his crime. a freelance journalist he was on the train said this isn't about race, it's about people of all colors who are very, very afraid. if there was a man named daniel penny who stepped in and help them. shameful, d.a. bragg. he did this to jose alba, he sent him to rikers. at 61-year-old who in lawful self-defense defended himself and his convenient store, and you sent him to rikers. stop prosecuting innocents and

heroes. >> tammy: i think that's what this last election represented. missing this out the country. it is an effort to actually punish people for doing the right thing. punish people for being involved in your community. and accept this somehow is a new normal. i trust that being in new york jury feel the right thing, but when it comes to good samaritans, everyone is absolutely right. i don't know how civilized society could withstand this. >> emily: i don't know if i trust them to you, that i hope to god that they do. more "outnumbered" " a delivery, in just a moment. fedex presents tall tales of true deliveries there we were, driver versus reptile. our battle was legendary. (♪) wait a second. you don't own a pet snake, do you?

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>> what is the future of gender changing treatments for adolescents? the supreme court now weighing whether to uphold or strike down a law in tennessee banning the procedures. governor bill lee will be here to talk about that. a republican-led house committee report on covid concluded that the virus emerged from a lab leak, so why are democrats pushing back? we are following the breaking news of the ceo of unitedhealthcare, brian thompson, fatally shot outside a busy manhattan hotel. and we will check in with a north carolina family whose house slid 300 yards down a mountain while they were all inside during hurricane helene. what will their christmas be

like? i'm john roberts. come join sandra and me top of the hour for "america reports." we will see you then. 's d3 house democrats are being called up for mocking americans concerned with the high cost of groceries. listen to this. shoppers spending irregular $10 billion on black friday. the official account for house democrats on the ways and means committee chimed in. "and here we were thinking y'all couldn't afford eggs." wow. that tone-deaf post has since been deleted. i'll bet it has. jimmy, you don't want to mock voters. see five no, and it shows you some of them haven't learned a lesson from the election. they had a sneering condescension toward a lot of the voters. "the economy is fine, these people are dumb, it's a messaging problem." but the messaging comes from the cash register and bank account. it doesn't come from tv talking heads. they didn't have a messaging problem with the economy, they had an economy problem with the economy. the spending is being largely done on credit cards.

massive credit card debt, and they haven't given up on living. it's costing more to do it, which is another reason spending is up, because every thing you buy cost more. >> emily: consumer optimism, if you don't mind me jumping in about that. >> jimmy: they are buying on spec. >> emily: if president trump had not won they wouldn't have been such incredible cyber monday and black friday. it's because they know they'll be able to pay it off with new wages. as said earlier today, why delete it, house dems cannot own your contempt for us. we know you feel that way. >> harris: and the posts don't go anywhere. you don't own the server. you can't really delete it. we know who you are, stop it. tell your truth. isn't that what the left likes to say? >> kayleigh: talking about x posts that don't go anywhere, here's one that hasn't gone anywhere, the july 4th post from three years ago. tammy will remember it. it is epic, good prices have

risen across the u.s. according to the usda. but nevertheless. >> tammy: i would say this newest post confesses that the point was, yes, it's more expensive, but deal with it. your life is going to be more expensive. it's a new normal. that was an admission, if you're willing to spend here, you should be willing to spend in the grocery store. but your point is the point, credit card optimism for the future, but you don't want to pull out a credit card at the supermarket. your budget should be able to accommodate the weekly meals at the very least. >> jimmy: you know who nobody wants financial analysis from connect the party raised a billion and a half is to and is in debt paid maybe sit down. adults are talking. that whole thing. >> kayleigh: do not demean, insult, marginalize voters or there concerns paid that ship the item number one. who knows? more "outnumbered" next.

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♪ ♪ >> emily: guys, tickets are on sale now for fox nation's first ever "night of comedy." it's happening thursday, december 12th, right here in new york. you can get your tickets now at foxnation.com/night of comedy. jimmy failla will be hosting the special event. >> jimmy: look at jimmy go! that makes plain what you're getting into. it's called a night of comedy but you're actually getting into a time machine. traveling back to an era where people know the dish delight difference between a joke and a hate crime. means we are defunding the joke police. it's a rowdy and fun show, shooting it for fox nation, but you've got to be there. see jim breuer, anthony

carrillo. anthony, he is so italian we are paying him in the balls. he's phenomenal. but you're seeing me and my natural habitat. that's what a lot of people who watch me -- >> harris: central park zoo? live very close. my back on being a cabdriver and a comedian, and kind of a feral cat that fox domesticated. >> harris: oh, my goodness, i was kidding! >> jimmy: i get all the house and kill two birds in the yard and you're all invited to come down. i'll drag them aspect of the dress it for you. it's going to be great, come on. >> harris: back to the special, how do you pick the comedians that come on? >> jimmy: we went through fox nation with the powers that be and we wanted folks who really embody what true comedy fans want, which is just an eye on fun. there's not an agenda, there is not an ideology. the joke is, did i laugh or did i not? we'll be have one emotion. that's why we hated jimmy kimmel when he cried. remember when he cried after trump won election? you're doing the opposite of the one emotion comedians offer

people. imagine you went to a gentle men's club and the woman put on more clothes. just saying. there would be some upset gentlemen. just a minute ago you said i lived in the bronx zoo or something! did you want etiquette? we don't have etiquette in that zoo! >> kayleigh: do you feel unleashed because wokeism lost an election? >> jimmy: it lost bad, that's the point. you can't offend the audiences in this country. believe me, i've tried everything. see to is so exciting, jimmy. everyone buy your tickets now. the tillis center is awesome. it'll be tape for fox nation for those of you that can't make it pay but we know most of you can. we are excited for you. thank you all for watching "outnumbered" today. when you can't watch this before, make sure to dvr. now here is "america reports." >> brian thompson, the 50-year-old male, on the

sidewa