he is no longer in new york. ♪ ♪ >> ♪ ♪

>> i'm jesse watters with katie, harold ford junior, haley and:0 joey jones. 5:000 in new york city and this is the five. >> ♪ ♪ the the judge in the daniel penny trial giving an unprecedented lifeline to alvin bragg and the prosecutioni saidng missing the most serious charge of manslaughter in the second degree. but penny still faces a second lesser charge for negligentt homicide. let's go to cb cotton who isin live outside the courthouse in new york city. cb? >> his fate still hangs in the limbo now that they return on monday to debate if he is guilty of the lesser charge criminallym negligent homicide as mentioned the drug that dismissed the most serious charge second-degreey we manslaughter afterward saying they were deadlocked on it.

around noon was when they announced they couldn't reach unanimous decision and the judgl gave what was called in alan charge when they urged jurors to go back and deliberate and tried to reach a verdict. the judge overseeing the trial said to jurors if you don't reach a decision on discharge a new trial will be sent with thee new jury but around 3:00 p.m. after the lunch hour they came deadlocked again there was debate between prosecutors and defense attorneys in the judge ultimately making a decision to dismiss thche top charge. since when do liberations began tuesday they asked to reviewey several pieces of video evidence in the case and parts in themo testimony and askenyd the judgeo review parts of the law. new retired u.s. criminal court judge explained to me what makeh the case so hard for jurors. >> that's the reason it was such

a high case based on the evidence presented in front of them. started with the premise and defendants in this case was awa goods man and helping people to convict this their for criminally negligent homicide. >> reporter: they still face a potential prison sentence of up to around four years in prison. carol ford you happen to be the only lawyer at the table any other lawyers. >> i don't practice but i did i have d a degree. >> action he deferred to kaylee. go blue. >> we're going to go ivs overtsg

big ten let's go.in >> here's what ik. think i knowa lot of people are saying andthro here's what i disagree 12:30 when outnumbered we had a jury note that cayman and it said they wanted clarification on what a reasonable person standard is. it goeto ts to the negligence ce and they ask you what a reasonable average person have perceived the risk to jordan neely. there is disagreement on if thei need clarification on the reasonable person but the reasonable person there wereany many reasonable people on that subway train the bystanders who thanked them who helped him hold down jordan neely and the woman of color while a woman a color who says she is a hero and it

was self defense and they're guilty of trying to help people. this ie ars a travesty the first charge is gone but not a victory and it's a travesty. a good samaritan being made into a bad actor a hero into a villain. welcome to manhattan the only other jurisdictions that could do this were dcn aa so good jobo >> do you agreu e is a michigan graduate cree. >> the characterization of michigan being less than an ivy league. >> i largely agree i do come at it slightly differently though. i think what they have done here is it might be grounds for a reversal if convicted of anything because you can't goan througyth a trial and allow the prosecution to say we believe it can't come to a conclusion should it be dismissed i think they might be curious to see more information on how they came to the decision and what i

don't understand as i've received all the evidence of the thingsno they've seen but if thy are right reasonable person because they were there ending everybody and if he does let up the get pretended he was down sy daniel penny it's unknown whoai broughr t the charges and you me the case to anybody in new yorkh and could be decided anywhere.ec and i have kids rate i have a 10-year-old live in new york city. i take the train and if they'rem on ae train and somebody's bathing like this and there paving to protect those on the train i would be did.

is new york test. they would need to be prosecuted based on that. ended, yeah.te >> the mayor in s getting both let's listen to what adams has to say. >> also asking say something ano do s something and for fellowfe new yorkers mentalll health cris and it was mental health system rate. >> and glad the mayors defending daniel penny it's a case that shouldn't have ever been brought. f was therore for two weeks but wn the social justice woke mob showed umop to protest that's wn alvin bragg decided to give into mob justice and bring the bogus charges against him was a hero who had to go through this the last year of his life and theha

changes everything basedng on te consequences of this. is or being made an example ofrn and have a your life torn apart this way. alvin bragg has a habit of either undercharging or notrg charging criminals likineo jordan neely was iwan and out of the system had a long rap sheet and overcharges good samaritans and good people who want to help their fellow citizens like daniel penny. so now you have a judge pushingn itow until monday when the first charge was dropped around 4:00 p.m. on a friday used to bu you work until you're done. now it sits for the weekend trying to squeeze out a guiltyzo charge on the second charge basically saying they didn't get him on the first one so maybema they can get them on the second one. the consequences of this for thf entireor country are far-reachiy in terms a of what he's been through and th e people who will

suffer the most of course daniel penny is one of them is o people on n the train who will t risk for these criminals people can go to the police station and demand that good people are i charged when it'ss obvious self defense it shoul d never have happened. they want to anything which means there'll be more innocent victims as a result of this ando bringing the casf e in the first place joey jones? >> this is a case and it's not an original idea here was talking to a friend for a show where you look at the intent of the law against of the letter of the law. if you. ask those jurors with te evidence shown and presented to them and say should we indict him you probably could get a unanimous no now that you have given them the facts and given them this second charge that i guess is ambiguous, not to say the least, there may be several people there that say he did the right thing, that by this law and

these facts, we are going to have to convict him. that is a travesty. you have a charge written in such a way that you can justify with less facts then you should -- i think some of the things that hurt him is just about every witness that came up and said something the defense could use also said something that the prosecution should use. like the marine combat instructor. he was asked if he did it correctly and i think he said no, something along the lines of "he should have let up at some point." there may be this narrow path to where the jury feels compelled on this charge, simply because they are being asked to come as opposed to being asked is it right to be put in this situations. this is not a regular citizen: it's united states marine that our federal government paid and programmed to stand up into the right thing even at his own detriment. he gets a star for that in

battlefield. and in new york city, he gets 15-48 -- years in prison. it pisses me off but it also blows my mind. in georgia, i probably could've been justified pulling a firearm on that guy for fellow he was going at me. if there was any point like that, in my state i am justified in protecting myself. in this city, using the least legal method, they will throw you in jail? is horse crap is what it is. >> i think this is grounds for reversal. you can't just throw spaghetti on the wall and when the jury is deliberating -- so we will pull that down to the others. i hope the right thing happens. this is certainly grounds for reversal. >> and it's not a part inable situation. >> do you think kathy will do

it? >> it's in your hands. next, the binder shows up in her first press briefing to explain why joe lied about hunter's pardon. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪)

>> the white house breaking their silence on the hunter biden pardon. karine jean-pierre stepping up to the podium and -- and why he lied about it.

>> changing the circumstances ultimately. >> the president and changing his mind -- led to him with this pardon. >> some circumstances have changed this. republicans not letting up, saying they want to continue to do this. i mentioned the recent trump appointees of legal enforcement positions. it said during the campaign that they were out for retribution. no reason to not take them further with. >> and look who is back. barack obama after tarnishing his legacy during the 2024 campaign. the former president sounding bitter over what happened. >> since total victory is impossible in a country politically split down the middle, the result is a doom and gloom. government and gridlock. even greater polarization. but i mentioned to a few friends

that this foundation would be open -- hosting a form on democracy and pluralism. i got more than a few groans and i roles. as far as they were concerned, democracy proved that -- pretty down on people's priority list. they don't care about democracy at all. >> devoted for 76000000 people. if i can address karine jean-pierre, i had about 45 problems with her briefing. [laughter] she also missed cited a poll. she said the circumstances changed about the hunter biden pardon. they did not. they set up to the plea deal that they would never pardon him. the only circumstance that changed was joe biden and kamala harris losing and not becoming president, not having democrats continue in that role. then she says he decided this

weekend. except we have nbc reporting that they discussed the pardon as far back as june and said publicly they would not do it despite having internal turmoil. she should be livid at the president for putting her in the situation, as should the press. but instead like delicate little wallflowers, they allowed her to mislead them. where was the gym acosta, the kayden collins, the ferocious core of the press corps. >> it was never a question that he was getting a pardon from his dad. never. >> no. if kamala had won, she would pardon him. that was the deal. >> the circumstance has changed. >> that was the circumstance that had changed. she lost. if she had won, it would've been more graceful and acceptable for her to do it, because he could have said "i said i wasn't going to do it.

she did it," and she would have looked like the bigger person. she lost, and the other circumstance that changed is because they tried to cut a deal in the summer which was basically a pardon. that deal that the judge sniffed out as ridiculous, that was blankets immunity. that was a circumstance that changed. hunter biden would never serve time. it's obvious. i have to talk about barack obama -- hussein, sorry. he is saying that someone else has been polarizing. he was the most polarizing president almost in decades. racially and -- black and white's aren't hating each other. blacks aren't hating the country -- it just became horrible. class. it starts with the bits are clingers, and occupy wall street. he starts pitting rich people against poor people, back and forth. one-percenters, all that stuff.

it was his justice department that spied on a fox news reporter. it was his cia that spied on the senate. it was his administration that spied on trump, entrapped flynn, weaponized the federal government. now when everyone is mad that he got caught, now they want to throw a blanket pardon over everybody in d.c. that's not how it's done. this guy needs to look himself in the mirror. >> his irs -- tea party activists as well. >> does the forme former president barack obama need a mirror to see where the divisiveness and doom loop came from? >> i said last week, i don't think the democrats ought to be focused on listening to people who voted for kamala harris. presumably come o -- presume ugly, vice president nominee harris and obama both

did. they should be in the first month of what i call a six-month travel to country and listen to americans in blue and red states who did not vote for kamala harris, who may have had some of the concerns jesse was expressing, and i don't fully agree with everything jesse said, but there is an element of what he just shared that are true. if we don't try to figure out how this upending has happened, we being democrats, the republican party as i grew up in congress is no longer that republican party. the democratic party i grew up in congress is no longer that. >> and one of those is good. >> in your mind. i just want to state the facts for one second. donald trump did something amazing. we were sitting here and had that conversation. he's made working class americans the party of donald trump. it is not the republicans: it's donald trump. if democrats are serious about finding ways in which to resonate with that group again, they had better get an answer on the border. we had better get an answer on inflation.

we had get a better answer on how to stimulate and invigorate the economy in parts of the country that aren't experiencing like we are in new york, some of the great islands in the country where prosperity is happening. enough of this: more of getting out and listening to voters is what democrats need to be doing. >> doesn't seem like presiden president biden is interested in finding this out, given that pardons to your side and then lying about it for a year does not help you gain traction with the american people who are tired of being told some things aren't happening when they see it in front of their eyes. >> what did bush say: full me once, shame on you, for me twice, i don't know. he screwed that one up. any of us that are surprised by this from a man who spent 50 years plagiarizing and lying, who tried to -- i guess -- could not run the first time for president because they found out he was plagiarizing speeches and papers from people. the man has spent his entire career doing this kind of thing. i guess the only outrage should just be "are you really going to

keep accepting it as the democrat party? are you going to keep accepting it from your candidates and leaders? listen: i would love to go back to what kjp said about circumstances of change, who the president's nominating. i have no idea what the strategy was. was he this really -- outstanding playing chess trojan horse to get that off of everybody else? was at a serious donation? i tend to think in the beginning that it was. what it signaled is there a lot of people in d.c. who will have donald trump back more so than he felt jeff sessions dead. only a few people would spend their political collateral going after trump's enemies. matt gaetz is one of them. this shows that they understand that, that this next administration will probably have an element of you came after me, i'm coming after you. maybe, the big i will pardon himself before he gets to office. >> maybe his brother too.

next, president-elect donald trump doing his signature dance after bringing down the house at the patriot awards. i'm kevin hart. i'm a leading man, ceo, media mogul, a board member... he keeps going and going and going... just like my chase freedom unlimited rewards! is there an off switch? no, you can't shut it off. 'tis the season to cashback with chase freedom unlimited. how do you cashback? sleep more deeply and wake up rejuvenated.

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great again. we will bring prices down and make our country safe and work with governors and mayors even if they are democrats. mora has happened in last two weeks than the last four years and i'm not even president yet. >> jesse you were there in the night was epic. trump debuted a slow dance it was great. >> i like the evolution of the

ymca he's adding a new twist to it where there is a little bit of this and the johnny carson golf swing at the end of it as well is a nice touch and had he was fantastic he was terrific and looks good in a tuxedo have you ever seen that dressed up i couldn't wrap my head around it and then jimmy brought the house down well they cut the michelle obama joke from the reruns i looked around like oh, my god. >> jesse looked offended by the joke and that's a unit was bad it was funny though you made the point you are there presented an award i love seeing that this was one of the first times we've seen trump since the election.

>> i was sitting next to carly and sandra smith because they are on tv every day ac has he done public comment since he won the election we can come up with anything right and it was a breech -- a brief speech he danced for the entirety of ymca not just entrants send out and lee greenwood said they sang the entire song looking to donald trump. it's the only situation where two older men can look at each other for sweet song being sung sarah native and it be patriotic and cool it was an amazing moment. i had the fortune of sitting rent and center seeing all of this. >> look me in the eyes and sing a song. >> any other situation this is the weirdest stuff ever but it worked. for the patriot awards in general good on fox for doing it. i can't imagine some kind of opportunity to spend that money

until the fan thank you so much and i appreciate the fact they didn't. >> in the dance moves there was a twist as jesse said and she wanted a buddy to know this morning she wasn't there when he came up with the dance moves watch. >> it's a unique special dance. i think a lot of people are copying it and having fun with. >> is that how you dance? >> no. >> did you give him any tips because in the beginning it was lower than it was up by and now it's a golf swing. >> now he's come up with this on his own. >> have you ever done the dance pharmacist from. >> i have not. >> for different denials there. >> a very of saying especially unique dance but i had nothing to do with it. you see people doing everywhere it's awesome i like how you said about the way forward with things happening at breakneck

speed and he talked about being done more in two weeks than the last four years dog years are back one feels like seven and these he will be rocking soon but what they're doing their. >> arable i like about the patriot awards these are heroes we honor i started to tear up when i heard from stephanie diller putting up a picture now she lost her husband in nypd officer died in the line of duty as a picture of her son at one years old pointing out to the casket as his father and she was emotional as you see the picture there what a hero. >> the president deserves the credit he got yesterday it was his political year with the fox wards really about which gesture uplifting those who make their communities better and by definition make the country vendors my congratulations just a fox for doing it but the make the country. i wish the president the best. i might not like him but i'm an

american and he got a mandate and a consensus that i hope congress listens to you and the senate listens to for the congress of their own party and democrats to make us great again as he said. >> well, said. head, well, well, well, somebody as 2028 on their mind. gavin newsom showing up at the border the trash donald trump. hey, grab more delectables. you know, that lickable cat treat? de-lick-able delectables? yes, just hurry. hmm. it must be delicious. delectables lickable treat. reminder, bent finger appointment. i don't want to wait or have surgery for my dupuytren's contracture. i want a nonsurgical treatment. and if nonsurgical treatment isn't offered?

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♪ ♪ >> it looks like the hair gel might have gone straight to his brain. california governor gavin newsom is paying a visit to the

border wall near san diego. instead of giving kudos to the man who built more of it, newsom went on a trump-bashing spree. >> we will produce bananas in america. we are going to start producing coffee in america. you are being betrayed by these policies. i didn't even bring up the mass deportation components. you know better than i do. when you look at farmworkers, that last testament, nearly half are undocumented. the impact of mass deportation on the cost of food in this state, in this nation are off the charts. >> what he was responding to is this idea that these tariffs are going to make life harder on farmers, and the deportations will take their labor away, which is also how they take advantage of people. how to someone who wants to leave the democratic party, advocate for open borders for things every labor union in the country would be against. >> gavin newsom could do himself

a favor and actually reach out to donald trump, especially on the issue of illegal immigration. trump won this issue, a top issue for 31% of the voters. he won it by 78% for people who cared about most. there is no gap in terms of this agreement. people want criminal aliens out of their communities, whether it's california, new york city, arkansas. you have gavin newsom acting like he is all about illegal immigration and wants to make sure we have good relations with mexico. trying to make himself relevant for 2028 while running away from his own domestic record in california which is a number one state for u-haul's leaving the state, not going into the state. the biggest gap between rich and poor in the country. he is trying to make himself relevant, when really he could just reach out to trump and maybe get things done while he has the goodwill of the people and the mandate he has. >> he was advocating. is trying to get the federal government under biden to do things to make it harder for trump to secure the border. what he wants to do was build this port of entry and get the

federal government to pay for it, but he says "we are not just stopping things from coming to us: we are stopping guns and bad things are going to them." in his mind, i guess, we are the real threat. >> well we do like drugs. that's probably causing all the drugs to flow into the country. [laughter] if we may be kicked to the drugs, we would have a better relationship with the mexicans. but that's never going to happen, because we like drugs so much. [laughter] but i agree with katie. after that first tariff threats come all of a sudden a pilgrimage to mar-a-lago. and the next day canada strengthens their border. after the tariff threat, mexico just randomly has their biggest record seizure offense and all in the entire year. it's already starting to work. this is what i like about tariff threats. >> amen ogbongbemiga. >> you have the threat now at 25%. you're going to have people outside of the country probably doing what trump wants in order to get those down before he

takes office. but also on the inside of the country, remember what happened last time there was tariff threats. all of a sudden, you get a carve out. if you are steve jobs, you get a carve out for import duties for my phones. you are going to have people domestically and internationally negotiating directly with donald trump to create more favorable conditions. what this is now, it's just everything is a negotiation. if he doesn't want mass deportations, maybe we can work out a deal with guest workers from farms -- they have such great agriculture. maybe we work out something elsewhere we have lower import duties on another product that's important to california, like pistachios. i don't know. i love them. don't you love how you get pistachios without shells? genius. give that guy a congressional medal. >> you know why i like tariff threats? we might get additional stakes like canada. >> kayleigh, we look at these threats. the democrat's have to a

bogeyman. after this election, there aren't many left. the american people -- trump on this policy. right now, they are using what i guess is the best thing they have, which is a fear tactic against tariffs that even trump himself said probably won't go into effect. is this really the best strategy they could employ? >> for gavin newsom. here's why. gavin newsom is not trying to heal the democratic party. that gavin newsom is trying to win a primary in 2028. he is running hard left. he knows he needs to win over the aocs -- in a primary it's better to be further on the left or on the right than your respective party. he says he wants $798 million for a port of entry, when to katie's point, the nation voted on deportation. he's calling special legislative sessions. he is asking for money to oppose a trump. that's his sole mission: gavin newsom. it's not the broader party. the broader party needs a holistic look, see that what trump did worked, and shift the core of the democratic party. the conscience and core of the

party lost. >> harold, you are a democrat. do you want to see gavin newsom in 2028 with this hard left -- for the next four years, leading the resistance, pushing back on trump policies, and finding himself at the helm? >> i want democrats to push back on things that don't work and working with republicans on things that do. we shouldn't mistake what happened. voters made a basic calculation as they do in presidential races of who will make my life better and stronger? they ignore the rhetoric, the fascists, the hitler, all the crazy stuff out there, and said "we believe donald trump will make the border safe, lower prices, keep little boys out of little girls bathrooms and sports, and he will make our nation stronger again." that is what voters made a decision on. for gavin newsom and others, i understand what he's trying to do. i understand what he's trying to say about tariffs. if you go through with it, and i think jesse said it right: the threats are better. if you go through with it, at no

point have we engage in a tariff war and anybody has won. certainly not struggling to get to the middle class or stay in it. i would give the president the benefit of the doubt as i do a lot of people. we will see what happens. arithmetic. if you go through tariffs, it's not good for everyday americans. the basic calculation voters made, they may reverse. i would be doing a bit more with what they said, trying to work with the president and pushing back on those things and allow constructed and meaningful -- on the way those things work. >> he called trump and trump would not take his call. [laughter] he admitted. >> trump took my call. not newsom. [laughter] >> i said gavin called trump and can't get a hold of him. >> got it. they can just go there. there's airplanes. >> i was a status on tariffs. the party that told us $5 a gallon gas was okay to save the planet can sit it out on tariffs. >> said that to the voters who voted for you. tell the voters of michigan and pennsylvania, wisconsin.

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♪ ♪ >> new orleans. welcome back-pick should grown men be taking bubble baths? it something i never thought i would say. trump -- steven miller telling jesse that trump will ban federal employees from doing business in the bathtub, after it was learned that a manager at the veterans affairs department allegedly took a picture of himself doing business in a bubble bath and calling it "my office for the next hour." watch this. >> grown men should not be taking bubble baths, and certainly should not be doing their "work from home" in a bubble bath. >> during the break, we were chatting about this. you have thoughts about a strong opinion. >> my first is that his hard-hitting news. [laughter] getting in a spot are a hot tub is good for you. if you don't own one, then getting in a bubble bath is fine. the rest of the sentence is while you are working periods

really why would you take a picture of yourself? >> do you want to respond? >> i disagree strongly with what joey just said. under no conditions grown men should take bubble bath. especially alone. the only exception is if a woman invites you in the bubblebath. >> there you go. >> personally that's not my thing. i don't think it's that sexy, but if she wants to, i'm in. >> i will make sure there is a hard transition. >> my thoughts were -- i was on jesse's show three nights ago and he talked about government at the va -- and then he's putting stephen miller in a bubble bath in my mind. thank you, jesse. the images will not flee. >> he says ice-cold showers only. >> thank you. >> what are your thoughts? >> the photo he posted was cutting it close with it almost being worse than it was in the bathtub. >> that's a leg right there.

>> can't find another time of day to take a bubblebath. it's ridiculous. >> when is the last bubblebath you took? >> i was ten. we don't agree often come up -- "one more thing" is next.

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test and you just think it's going to be classy. he's thrusting his pelvis and he has a riding the trombone right. not me it's you guys. >> we do love drugs in this country. thank you mexico and it tonight jesse watters prime time we got to the bottom of these mysterious drones in new jersey we will have the answer. 83. >> the good folks at hook and barrel magazine did a feature on my series. they talked about the places we've gone mostly over the last

season the first couple as well so we talked about a trip to alaska and west texas which was an amazing when of course allowed puppy picture as well pick up hook and barrel magazine check out the series on fox nation especially if you need something to stream. >> like out that was what you stood in front of. all right. >> here's a video of family that went on a cruise family of four this is what they booked it by accident place roll for them to sleep this is a carnival cruise. i've done a lot of this type occurs as this is par for the course i don't know if it's a big deal. they bring more beer than luggage honestly it's all about the party. they may the light of it and i'm sure they had a great vacation. >> i to highlight my a

petty who joined the cheerleading team but her dad is a boxing coach was apprehensive didn't know if she would have time to focus on boxing and took this video of her shadowboxing on the sidelines and it went viral. she said i kept putting god first showing up every day and she wants to go to the olympics. so check out her. and the football player there. >> 's lane and on the other side of those punches. >> getting punched by a girl never a good look periods never happened to me and i would turn the other cheek. crimson right. >> we know when anything. >> ♪ ♪ night. joe biden is and will