♪ ♪ >> kayleigh: we have this breaking news.

the jury in the daniel penny manslaughter trial is struggling to reach a verdict, saying they are unable to come to a unanimous vote on count 1. that's the manslaughter charge. that's the higher charge above negligent homicide. now the judge, as we speak, is giving them instructions. it's called an allen charge, urging them to make every possible effort to reach a verdict. he's basically saying try again. we will see if this comes out to be a hung jury. the breaking news comes as we get new images of disturbing posters -- look at these, they've been plastered across a new york subway car. these are the images being posted across manhattan. hello, everyone. this is "outnumbered." i'm kayleigh mcenany. joining is gerri willis, tomi lahren, kaylee mcghee white, editor in chief or independent women features, and journalism fellow for the scheme of institute, and tom shillue, fox news contributor and fox nation host.

we begin here. the country waiting for the jury decision, in daniel penny's manslaughter trial. he's facing up to 15 years behind bars if convicted. it is a sentence that would change the course of this young 26-year-old marine's life. cb cotton has the latest. >> hi, kayleigh. on day four of deliberations, the jury coming back to say it could not reach unanimous consensus on the most serious charge in this case, second-degree manslaughter. as you said, now the judge is instructing the jury to go back to the drawing board and try to reach a unanimous consensus on this charge. there was a bit of disagreement between defense attorneys and the prosecution on whether the allen charges should be given. so these allen charges, as she mentioned, they tell the jury to go back and begin -- continue deliberations, i should say. the defense said it did not want

the allen charges to be given, arguing that they could be considered coercive, and said that it wanted to move for a mistrial. the prosecution argued in favor of the allen charges and felt the jury should be instructed to try to reach unanimous consensus so it could move on to the second charge of criminally negligent homicide. the judge told the defense it's not the time to declare a mistrial and he will give the instructions to the jury to go back and continue deliberating on this case. we know the jury at this point has asked to review a lot of evidence, particularly a lot of video evidence. they wanted to see video of the subway choke hold incident. they wanted to see a one minute clip captured by a high schooler of the incident, and they also wanted to watch penny's videotaped interview with detectives where he waived his miranda rights to answer questions. so they wanted to review a lot of different things so far in the case. they wanted the judge to reread the definitions of recklessness and negligence. but all the deliberations up to

this point getting us here where the jury said it could not reach unanimous consensus on second-degree manslaughter. now the judge instructing jurors to go back to the deliberation room and try to reach a decision. at the latest from here at the courthouse. >> kayleigh: thank you. let's bring in jonathan turley, fox news contributor and george washington university law professor. he joins us now. effexor turley, you are the perfect person to speak to about this. i want to know from you the prospect of a hung jury here, but i also want to know, let's say there is a hung jury. the prospect of d.a. alvin bragg rebringing this case. i asked this question to paul mauro, and he said this to me. "normally i would say yes, he'll bring the case, but this has been such a debacle for him, he might walk away from it." and then added the caveat that we are dealing with an ideologue, and he very well might rebring the case. >> i would not be surprised.

this is why many people view manhattan as a type of parallel universe where things happen to family than in the rest of the country. most jurors would not find anything but reasonable doubt in this evidence. in my view, this case should never have been brought. that is a view shared by many in the country. that i not surprised that it's a hung jury. that is what some of us anticipated. even though i think there should be an outright acquittal here. the allen charge was most certainly going to be given, but the problem for the defense is that bragg could, in the second charge of criminal negligence, in the hopes that the jury would reach a compromise verdict, he knew it would be very difficult to get a jury to find the reckless causation, or the recklessly caused death, under the more serious charge.

that requires consciously disregarding a substantial and unjustified risk. all that is a pretty tough standard to meet on this evidence. the second count only requires blameworthy conduct. that's one of the reasons why i have never liked criminal negligent homicide as a standard. because you can get a jury to fracture on the first count, and then compromise with the lesser count. but then lester counts still come with a potential 4-year prison stint. so the defense was eager to have this in a mistrial rather than force them to potentially acquit on the first count, and then get to that second compromise verdict, that bragg wants. >> kayleigh: professor turley, you mentioned this, and this is important. one standard is reckless, when is negligent. have to go to the mind of daniel penny with these charges. he knew the risk but he ignored it, that is the shorthand for reckless. negligence is maybe he should have known the risks. maybe an average everyday person would have known the risk, but

daniel penny did not. i bring this up because i want to pull this up. these were bystanders who were on the train. this is a woman, she self describes as a woman of color, and she is an average everyday person who also did not see that what he was doing was negligent. here's what she said. he's a hero. it was self-defense. i believe in my heart he saved a lot of people that day. he could have gotten hurt. mr. penney cared for people. that is what he did. that is his crime." she went on to say, "this is not about race, this is about people of all colors who are very, very afraid, and a man who stepped in to help them. race is being used to divide us." how can you reach the conclusion that he was negligent when bystanders on the train thanked him? >> i would say that's highly unlikely outside of manhattan. i have been covering trials in that city and anything is possible in manhattan. particularly if you have a

motivated prosecutor like bragg. he is less motivated in more serious crimes, in my view. i can't imagine my prosecutor would bring this case. it's hard for me to see how any citizen after this case would put themselves at this risk to intervene and help others. part of the problem with being the defense on cases like this is that you see the prosecutors slow down the tape. they break it up into little bits. it leaves the impression that this strangulation went on for days. this is a rapid response to a dangerous situation, and the defense has to constantly remind the jury of that fact. i think penny did himself a great service in waving his right to remain silent, speaking in the interview. what comes across is someone who is trying to protect others. he did not know that he had died, but he talked about penny continued to resist. also the evidence in this case

shows a lack of damage to the neck bones, et cetera, that are not consistent, i think, with the prosecutor's theory. >> kayleigh: right, and you mentioned that jordan neely was alive. he was breathing. the police came, paramedics came. he was alive when daniel penny exited the scene. but jonathan turley, i want to ask you something outright that you've hinted at here. it is this. we are dealing with district attorney alvin bragg. there are dealing with somebody who brought an unprecedented case -- those are the words of "the new york times" -- against former president trump. we are dealing with somebody who took jose alba, -year-d man, a convenience store owner who defended himself in lawful self-defense, and putting in rikers island. and then public pressure came and the charges were dropped. we are dealing with someone who is not in the mainstream. with this case have been brought outside of d.c., l.a., or manhattan? >> i have doubts about that, quite frankly. his predecessor didn't want to bring the first trump case.

bragg has created this impression of someone who is falling more cable news than the criminal code. this is a case that i think shows that. there is prosecutorial discretion that is supposed to kick in in cases like this. a prosecutor should look at this and say, look, this is someone trying to protect other people. he was responding to his training as a marine. he was doing what we usually believe we should teach kids to do, that is not just to watch, not to walk away, but to act so that others are not harmed. only in manhattan would you see this case not only go to trial, but jurors fighting and saying, no, i want to convict him of this more serious offense. i don't mean to be too harsh with these jurors, it's just that i cannot see how you can go through this trial -- i see nothing but reasonable doubt here. i don't see how you can take the instructions of the court and still vote to try to convict on

this greater charge. >> kayleigh: only in manhattan can you make a hero a villain. let's pray it doesn't happen. jonathan turley, thank you for your expertise. >> thank you very much. >> kayleigh: tomi, i saw this headline today and i thought this is just spot on. this is jason whitlock who said this. we will pull it up. "daniel penny verdict is nearly as important as the election." i could not agree more with that headline. he goes on to say, "in the same week president biden pardoned a decade with the crimes for his son, hunter, the criminal justice system could very well send daniel penny to prison for strangling a deranged lunatic with a history of violence. america has lost its mind." >> it has. i will also say, if this comes back as a guilty verdict, or even the fact that it was brought in general, quite frankly, if you are an elderly person, a woman, a child, a vulnerable individual, why would you ever ride the subway again connect because you know there's going to be a chilling effect on anybody who wants to stand up and protect the vulnerable,

because of what happened to daniel penny. if i rode that subway on a daily basis, i would want someone like daniel penny there to hopefully protect me if i was unable. the sense all the wrong messages. that's why people are fleeing to red states. this would never happen in tennessee. >> kayleigh: kaylee, paul mauro said this and etiquette right. there could be a hung jury and you go, thank goodness, this guy might not go to jail, but this is not a victory even if there is a hung jury. ada brought this case. a jury did not acquit. >> kaylee: that's what i worry about with this case paid even if daniel penny is acquitted or even if he's pardoned by president-elect donald trump in january if he is convicted, i worry we have crossed a line that we can't uncross. you see now that they are leftist officials in these big cities whose sole purpose is to destroy and dehumanize people if they think that it will help them advance the progressive agenda. daniel penny has lost more than a year of his life to this case at this point. he's also facing a civil suit from the father of jordan neely who thinks he can make a quick buck off of his son's death. this problem is not going to go

away for daniel penny regardless of the outcome, and that is what should frustrate all of us. >> kayleigh: good samaritans become bad actors. welcome to the big apple, guys. new development in the manhunt that captured the nation. investigators closing in on the suspected murder of unitedhealthcare ceo brian thompson in that chilling murder. we've all seen the footage. a trail of video sightings, a burner phone and a water bottle, just some of the evidence that could lead cops to the killer. because of your credit? here's great news. at newday we've been granted automatic authority by the va to make our own loan approval decisions. in fact, if you've had credit challenges and missed a payment along the way, you're more than five times more likely to get approved for the newday 100 va cash out loan. no one knows veterans like newday usa.

>> kayleigh: the massive manhunt until matt continues for the killer of unitedhealthcare n thompson. brand-new video you see here shows the suspects rolling your scene less than half an hour before police say he assassinated thompson in cold

blood. authorities tell fox news that he arrived in new york city on a greyhound bus from atlanta last month. investigators say tips are pouring in and that they are confident they will catch him. alexis mcadams has the latest on the manhunt. were you hearing? >> hey, kayleigh. i got off the phone with some sources telling me they do everything they can to check this suspect down, including putting a dna profile together. how are they going to do that? they are going he's possible saliva left on a water bottle that he threw out at a local starbucks just minutes before police say the suspect killed a unitedhealthcare ceo. he also came in from atlanta, georgia, just the other week. take a look at your screen. this is the atlanta greyhound bus terminal. now this comes into the investigation. to lay things out in a timeline for people at home, we are talking about importing that bus in atlanta on november 24th. he takes a 14 or 15 hour bus ride all the way to new york city. he had been in the city for nearly two weeks, spotted at various locations like at that

hostel and was caught on camera. he used a fake i.d. had paid in cash but forgot to hide his face. he went to starbucks and brought that drink and threw it in the trash. another working on getting everything they can off that bottle. about 20 minutes before the shooting, the percentages spotted again, this time walking toward the hotel. then at 6:45 a.m., people just waiting up in midtown manhattan, including the victim, the gunman opened fire. he shoots and kills brian thompson, the first pop goes to his left leg and the other straight to the chest, i'm told. unitedhealthcare ceo was just in town on business. he took off on an electric bike, the suspect. someone that fits that description spotted here near central park right after the shooting. you can see it on your screen, it goes by pretty quickly on the e-bike. investigators say he also brought a backpack he had dominic had on and dropped it somewhere in central park. a message was left on the shell casings. it read "deny, depose, defend."

it could be connected to ongoing complaints so many have about the health insurance industry. one other thing the suspect left behind, kayleigh, was a go phone, or a burner phone. so he drops that before he gets on his bike. they are working to get prints off of that, too pay they are working hard and fast to catch this guy, kayleigh. >> kayleigh: alexis, keep us updated. you know, gerri, as we think about this, they know he took a greyhound bus or millington and he took a fake i.d., but all these data points lead me to believe they either know his identity or close to it. >> gerri: absolutely. he left trails evidence like goldilocks. if you can't find this guy -- and i think we will in another day or so -- i have all the confidence in the nypd to get that done. this is a major failure by corporate security, hundreds of millions of dollars being spent every year to keep executives safe. but the reaction on the

blogosphere is appalling, what people are saying. let me quote from a "new york times" reporter and current "washington post" columnist taylor lorenz. "if people wonder why we want these executives dead." an insurance executive in the health care industry. there have been questions about all these companies, what they're willing to pay. but killing somebody on the streets of manhattan is not a way to resolve this issue. >> kayleigh: discussing. likewise disgusting, tom, is the fact that this killer went to starbucks and minutes later killed someone. this killer is talking to a hotel guard, pulls down his mask to flirt with the person, compromising his identity. that's crazy. >> tom: within minutes of this thing happening, and it breaking online, a lot of people were saying this looks like a professional hit. i kind of agree with them. when you look at it, it is so shocking seeing this happened in broad daylight. the guy seemed very calm and then he walks away calmly, like

jason bourne or something and i thought, this seems like some kind of hit. but then as evidence comes in, this is not a professional thing prayed he was leaving evidence everywhere and making all sorts of mistakes. people talking about the weapon, his weapon jammed, things like that. so yes, i think that it is kind of groups and looking at all this stuff online, and then seeing people justifying it. and everybody knows taylor lorenz is completely crazy. she's nuts. but she's quoting legitimate people in the media and they having discussion. i don't want to talk about health care policy. a guy was murdered. >> kayleigh: the biggest outstanding question to be assessed. the conference is taking place at the hilton. you can probably figure that out. a lot of people attending the conference. but this guy is lurking outside and was people would say where the conferences. how did he know he was staying across the street at the hotel and seemed to know his move movements? >> tomi: this seems premeditated in that way, but this feels like this person is a

martyr, what they believe is a martyr for a cause. the online chatter, to your point, gerri, is not helping that case, making this guy even more of a martyr. i don't think it's a professional hit job but someone who thought he was doing something noble. then when you have the online charles backing that up, it just puts everybody in danger, the fact that there are some celebrg this. it reminds me of the assassination attempts on current president-elect donald trump, people celebrating it and making these people into martyrs. that is what is so sick and wrong. this is a father, this is a husband, that lost their life. if you don't like health care policy, this is not the way to go about it, and shame on the people online for cheerleading it. >> kayleigh: a father of two young boys, kaylee. >> kaylee: the alleged reference to the book about health care policy left on those bullet casings, at an important point, because it proposes socialist policies for health care. to tomi's point, they seem to be a notable connection between the people who are celebrating what appears to be a deliberate assassination with the people who celebrated the attempted

assassination of donald trump, and the people who glorified violence on college campuses across the country. he put all these threats together, and what is very apparent is the political left has become a movement that uses violence and glorifies violence as a legitimate tool for political goals. that should frighten every single one of us if that's the kind of movement we have to deal with. >> kayleigh: celebrating an assassination before christmas. imagine that. coming up, some democrats are begging president biden to let as many illegal immigrants as possible stay in the u.s. before he leaves office

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them. >> with the president can do is take legal action to extend their tps status, but is not just recipients. my hope is that the president in the last two months also quickly processes our daca recipients' applications. what i take is what i hear from the incoming administration. they're going to engage in mass deportation and nobody is safe. that's why masking demonstration to come take action that they can now to protect some of the immigrant community. making sure that at least a bringing certainty to them and keeping their families together. >> kayleigh: talk about being disillusioned. was senator musto asleep during the election? >> kaylee: it's a disconnect from what the american people actually want. what i would ask democrats trying to shield illegal aliens and in many cases criminal illegal aliens from deportation,

how many is too many? 10 million plus let in hunter biden, probably 20 million here prior to that. how many people from around the world are you willing to let into the united states and bankrupt communities, bankrupt entire cities, think up entire states? you see all the states impacted. colorado being one where there's a lot of folks that are not necessarily deeply. the residents of chicago now speaking out. i would say, to those who think they are doing themselves a service electorally by advocating for these protection policies, keep in mind you will face in the election and the sentiment of the american people is not on your side. >> kayleigh: kaylee, let's take a closer look at this letter. they wrote to biden to say this. "we write you today to urge you to act decisively during the remainder of your term to complete an important work that will protect long-term immigrant communities and ensure that families are not returned to countries." we ask you to complete important

work that will help american citizens and ensure people like laken riley are allowed to live their lives and go for a jog prayed he think that never you think they've ever written a letter like that? it. >> kaylee: their priorities are so out of whack. for working-class americans specifically, they do not support unfettered illegal immigration into their communities. i think of my own family in ohio, many of whom never worked in manufacturing jobs for their entire lives. they don't want messes of illegal immigrants coming into their small communities and competing with them for wages at their jobs. they don't want illegal immigrants pricing them out of their houses were bringing drugs and crime they brought to cities like new york. they want their communities to remain american. this is the problem. if democrats want to continue pushing this agenda, honestly, go for it. you will face an electoral process again and again for working-class americans are fed up with it.

>> kayleigh: without a doubt. gerri, newsome is very dated and he wants to be the face of the resistance. he went to the u.s.-mexico border. to create a new port of entry for immigrants, do you think he is he is a master funding? >> gerri: hands off my taxpayer dollars, that's what i say. too much money. the wrong thing to do entirely. the democrats coming into this election was saying we have to protect democracy. trump is a strong man, he's going to be a dictator. and before he takes office, even, they are doing things at the margins which subvert democracy and the result of the election. >> kayleigh: that's a great point. i want to pull up our analysis from the election. of those who voted on immigration it is one in five voters. 89% voted for trump. 10% for harris, but they say let's go with the 10%. i can do math. that doesn't work out. >> tom: they're going to do a replay of what they did in the first trump administration, and

that is demonize him. they are going to help them along to try to make it seem like a trump is a big meanie and then from there they say we have to find a solution so when they talk about our immigration system is broken, it's not broken, they let all these people in. with her going to try to do is turn this into the same thing that kamala harris was proposing before, which was a solution that is not a solution. it is making illegal immigration permanent in this country. so we've got to be ready. the media, it's going to be an onslaught paid xt with these images and trump has a hold firm and republicans have to hold firm. >> kayleigh: that's fantastic point. they will have images and double down. the arm of the democratic party, they are prepared. at least one democrat is willing to admit that the new york trump case was bleakly motivated and even said trump should be pardon. ♪ ♪

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♪ ♪ >> kayleigh: one hoodie-ring democrat admits the new york criminal case against donald trump was politically motivated, and he even says -- listen to this -- trump should be pardoned. >> i think it is undeniable that the case against hunter biden is really politically motivated, but i also think it is true that the trial in new york for trump, that was political, as well, too. both cases, i think a pardon is appropriate, and i really think,

collectively, america's confidence in these kinds of institutions has been damaged by these kinds of cases. and we cannot allow these kinds of institutions to be weaponized against our political opponents. i'm talking about the new york trial, and now the democrats on our side, there were some who were gleeful that he's a convicted felon. >> kayleigh: time, if we would have played that up, you would have seen joy behar. i would have loved to see her face, she jumps in and says, "what about january 6th?" and he says, "i'm not talking about january 6th." >> tom: it's interesting. i do think we give fetterman too much credit. to get a lot of air time and are always talking about, look what he said, he made a reasonable statement. the thing is trump doesn't need a pardon. he acts like it is apples to apples here. the reason hunter biden needs a pardon is that it was politically motivated by the democrats, because he had a

sweetheart deal and he is willing to take a sweetheart deal that was all arranged for him. then republicans made a mistake and said, this is terrible, and he was able to hold that thing together. so he was not looking good. even though the people you are trying his cases where pro-biden, it was right in front of them. the guilt was right there. so he needs a pardon. trump doesn't need a pardon. he seems to be doing well on his own. so fetterman is in a red state. we use to treat it like a purple state. he's in a red state. he sees where the voters are and he's trying to curry favor with them. >> kayleigh: that's a very astute point and technically he doesn't need a pardon. do not a convicted felon until there is sentencing. this is politically motivated and it should be dropped. gerri, i want to remind everyone of what "the view" says. you wouldn't know anything tom shillue just said if you watch "the view." >> i'm going to say something you've never heard me say be

before. donald john trump... [applause] is a contacted -- convicted felon. speak of the party of rule of law. the party line order. the family values party is nominating a guy who just got convicted, 34 counts. >> i think, going forward, the convicted felon box on employment applications better be taken off. >> whatever happens, i feel you're in a very historic moment.either the first woman pt or a convicted felon. >> kayleigh: 76 million americans voted on donald trump. he won the popular vote, and i would have loved to know what's going through their head as john fetterman dropped a truth bomb on their heads. >> gerri: it would be wonderful to know. but this is ridiculous, right? these are not equivalent cases, as you are saying, tom.

not at all. biden, what did he face? we have prostitutes, illegal drugs, gun charges. nothing stands up to that. and if you are a mother of a daughter or son who right now is spacing charges like this, what are you thinking? it's not a fair world out there. how can i possibly support my son or daughter in this when they're going to be convicted and do jail time? and biden does not. >> kayleigh: sunny hostin, as if not to be tapped by the great joy behar, asked about democrats doing a postmortem, and she asked whether republicans should be second-guessing things. >> do you think there should also be some soul-searching on the republican side, who need to analyze why they would nominate a convicted felon who ran on lies, threats of retribution, and concepts of a plan? >> i haven't spent any of my time after the election freaking

out were thinking about -- here's where we are. i would like to remind everybody, that is the way democracy works. >> kayleigh: yeah. donald trump won popular vote, the first time in 20 years. greatest raw vote total of any republican ever. but republicans need to soul search according to sunny hostin. >> kaylee: if anyone is doing second-guessing here, if democrats like john fetterman coming out and admitting that the case was politically motivated. i think they realize how deep a hole they dug themselves in. they realize they have opened a pandora's box with lawfare. the only reason they are defending hunter biden's pardon, the only reason joe biden is considering these ridiculous preemptive pardons, is because they are worried that lawfare is going to come back to bite them. because instead of sinking donald trump, their lawfare campaign put him back in power. now, i don't think that trump should use lawfare against the democrats. i think that's bad for the country in general. but he could, because of what the democrats have done.

so you're seeing a lot of soul-searching where they realized they might just have to face the consequences of their own actions. >> tomi: i would also say this, i don't think the ladies of "the view" are doing the democrat party any favors. in fact, i think senator fetterman and many others who want to enact an election in the future are probably kindly hinting at the ladies of "the view" to be quite a little bit. if this is what the american people think represent the democrat party, and this is the narrative coming out of shows like "the view," i think democrats are going to be in big trouble for many elections to come, but they will have a stake in this because they're not trying to get elected for anything. the ladies of "the view" put themselves in a difficult spot, because they were very anti-trump, of course, and that's only way they can get viewers. they can go to the middle, nobody would watch them. they can't be pro-trump, so they have to be feral and rabid to get any viewers that want to watch the theater and the circus. all they have is a circus audience. i hope they enjoy it. >> kayleigh: i wish whoopi goldberg and joy behar became chief strategist for the democrat party.

i would be lovely. we'll see if it happens. it was a big night last night alongside unsung heroes from all across the country. president-elect donald trump received the patriot of the year award at fox nation's sixth annual patriot awards. look at that dance. more on that next. ♪ ♪

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>> the jury deadlocked at the moment. with the daniel penny trial end with a hung jury? the latest for you. a federal court upholds the law that could ban tiktok. is this the end of tiktok dances? investigators say they're closing in on the assassin to kill health kcl brian thompson. how are they tracking them down? former fbi special agent nicole miller is here. and the nominee to lead customs and border protection joins us to talk about what will change with illegal immigration on january 20th. i'm john roberts. come join sandra and me for the friday edition of "america reports." we'll see you at the top of the hour. >> kayleigh: more country music, thanks goodness. onto this, president trump receiving a great honor at lastt

nights fox nation patriot awards. it was epic. >> ladies and gentlemen, please welcome the honoree, our patriot of the year, our recipient, the soon-to-be 47th president of the united states of america, donald j. trump. [cheers and applause] ♪ ♪ >> kayleigh: the sold-out crowd broke out in chants of "usa" as trump the stage. the president-elect showed off his signature dance moves, adding a golf swing for good measure. and trump gave a rousing address laying out his agenda for a second term. >> we have a very important job to do. we have to bring our country back. when you look at all of the people that flow through open

borders, who could ever want open borders? who would want that? the first thing we have to do is get the criminals out of our country. we are going to do things that a lot of people thought of. we are going to drill, baby, drill, get prices down, and we are bringing the costs down. when we were campaigning, a lot of people thought the biggest thing was the economy, and it is. it probably pulled the best but i never believed it was as important as immigration and the border and stopping our country from being invaded. because this was a massive invasion of our country. we are going to make our country safe. we are going to stop people from robbing our stores and hurting our people. we are going to bring our country back and it's going to be bigger and better and stronger than ever before. and we are going to be proud of our country again. right now we are not so proud of our country, so we are going to be very proud of our country again. it's going to be better than

ever before. it's going to be more successful than ever before. we are going to be more respected throughout the world than ever before. countries are going to respect us again. they already do, actually. i think you have seen more happen in the last two weeks then you have seen in the last four years, and we are not there yet. we are going to make america great again. thank you all very much. >> kayleigh: tomi, you are sitting right beside me. it was electric. first, sean hannity did a phenomenal job. my dad texted me, he's a born host, he were a garbage truck outfit at one point. it was great. but what a night. >> it was a beautiful night, and honestly it was so nice to be around average everyday folks who actually exceptional americans at the patriot awards. everyone was excited of course for donald trump. for many people this could have been a very different patriot awards havoc on the other way.

people are so excited, you could feel the love and patriotism in the room. it will continue for at least four years. >> kayleigh: tom, you are right beside tomi, right next to me at the table. he even did the tents as lee greenwood saying and the crowd went absolutely nuts. >> tom: the best part about being at an event like this, it is like hollywood. you got all the lights and the sounds and the crowds and everything, but it's not hollywood. i was talking to jimmy failla at our table and i said, we are trying to break into this business for like 25 years, and now to be amongst his family, that is what was so special about that night. they never had guys like me and jimmy. they never had us at the oscars. they never had us at the emmys. but we are here and we don't need those guys anymore. >> kayleigh: gerri, that's what this was about, elevating real heroes. the whistle-blowers, those who connect dogs in service with their handlers. beautiful, amazing people who have really made change.

>> gerri: and this is so inspirational. i think it is so wonderful that we elevate these people, we show these people, we tell their stories. i love all of that. but one thing trump said that i think we need to take note of, we've gotten more done in two weeks that most presidents can do in a year or however he put it. it's going to continue at that pace, i think, and that's the secret sauce for this administration. >> kayleigh: it is so true. just peace through strength, that attitude alone has made change on the foreign policy realm. >> kaylee: on the other things we've noticed over the past couple weeks is this cultural divide shift, one of my favorite things in this election trait yu sought last night during his speech, where he seemed much more relaxed, much more confident. because there's a sense of confidence in what his agenda is going to be for the american people, where now even people in the crowd, where they might have been ashamed to call themselves trump voters before, there enthusiastically and proudly, publicly voicing their support for the president. i think that's great to see.

>> kayleigh: let's leave you into this. this was melania trump on "fox & friends" talking about the trump dance. >> it's a very special and unique dance. [laughs] i think a lot of people are copying it and everybody has fun with it. >> is this how you dance? >> no. >> which part of the trump -- did you give him any tips? it was low and up high, now there's a golf swing. >> no, all on his own. >> have you ever done this to be a dance? you are mrs. trump. >> i did not. [laughs] >> kayleigh: she is hilarious. that was a wonderful interview on "fox & friends." a wonderful evening at the patriot awards. congratulations to president trump and his whole campaign. more "outnumbered" in just a moment. ♪ ♪ if you're a veteran wife, homeowner, and the family bookkeeper, you're the first to know when high rate debt is stressing your budget. but your family's service

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>> kayleigh: we have breaking news in the daniel penny trial. tell the jury has sent another note to the judge, and this time they are asking for clarification on the reasonable person standard. we know that jerry was deadlocked on the higher charge of manslaughter. that was the one curing maximum prison sentence of 15 years. now we know they are is disagreement on second charge of negligent homicide which carries four years of prison time. negligent charge to file any penny was not acting as a reasonable person an average day every person when he took and should have known the risk. they are where everyday people on the subway they thanked daniel penny for what he did and helped him to restrain jordan neely and all bearing on that standard. we will he see a home journey jerry and we will keep you updated. here is "america reports." >> you got the bos