pole and kids get to play games, hang out with real reindeer and meet the big man himself. i do not mean you know who. i mean santa claus. look at that dogs, that's great. >> bill: last week we had the two ladies on from southwestern ohio doing the honor flights. that's so good. making money, raising money, check out their website if you want to donate. i thought what was important about the segment they did. how much per veteran to get to washington, d.c. they said $7 hundred. you at home can sponsor a veteran or $7 hundred or give $20. >> dana: i think we're all in the festive spirit today and have a ton of news. harris faulkner will take you through the next hour. here she is. >> harris: fox news alert. where is the assassin on the run from his walk about of new york

city? six days, a lot of spy camera images around the city. no killer caught. new information images that we can show you and report now. the entire nation is told to be on the lookout, if he is even still in the united states. i'm harris faulkner and you are in "the faulkner focus." the ceo of united healthcare brian thompson was executed outside a landmark hilton convention hotel in the middle of manhattan. he walked to that hotel to lead an investors meeting in one of the busiest city blocks in the world. police released two new surveillance pictures of the man they're looking for. he was in a taxi just minutes after the ceo thompson was killed. the suspect apparently was headed to a bus terminal. right now the nypd is searching a small body of water in central park. we're told scuba divers are looking through a pond for the gun used in the shooting.

retired nypd inspector paul mauro here. >> it's just a matter of time. it is just a matter of time anyway. they'll get him. the amount of video these guys pulled and went through in two or three days is astounding. it is gum shoe work. it's drudgery. guys were working around the clock. they got him into the port authority and can't see him anymore. >> harris: alexis mcadams with the latest. >> a lot of the time we talk about the investigation behind the scenes. this morning in central park you can see it happening in realtime. you can see if we can pull up those live cameras we have here. they have at least two scuba divers of the highly skilled dive team in the water now doing everything they can to try to find any piece of evidence in this ongoing manhunt. they believe it could be connected here to central park because they say that gunman who you are looking at there on your screen left behind other evidence they did recover.

what are they looking for now? i'm told it is the weapon. we had a lot of information that was coming in about what weapon it was, what type of make and model. they are scraping the bottom of the lake in central park to find it. right now you can see a backpack on your screen. that's what brings us back to central park. investigators are telling fox news they believe after the shooting, the person of interest they are calling him dropped that backpack in central park. tried to hide it in a wooded area. they were able to find it just here in the past couple of days. what was inside? not the weapon. a man's jacket was stuffed inside and monopoly money. trying to figure out what that could mean. as that investigation continues on the ground i want to come back live one more time to tell you exactly what we're hearing, too. investigators are telling us that the suspect or person of interest as you were saying before goes back and forth with what they are calling him. they have on the wanted posters person of interest. they are saying that he was also staying at a hostel on the

city's upper west side and hopped in the cab 20 minutes or so after the shooting and went right to the port authority bus terminal. he got out of town. they are trying to figure out exactly what kind of bus he took. was it a greyhound. what route did it take? it was going back to atlanta georgia but six stops or so. they are getting out of the water and found out if they found anything as the investigation continues. >> harris: thank you very much for setting us up. andrew cherkowski, former federal prosecutor is with me now. person of interest and suspect. those two things are not interchangeable. what do they tell us? >> a person of interest will become a suspect often. person of interest is a person that the police have identified as somebody who they think has information about the crime perhaps even involved in it and they may become a suspect but it is a step short of that. you have to be careful in what you call somebody for a number of different reasons.

one from a legal perspective you want to make sure you are not misidentifying a suspect but you want to make sure the public doesn't presume that somebody is a suspect before they actually are. and be misled. >> harris: i have had police officers tell me part of the reason for the second part you just mentioned is for the public. if people are leaning toward helping someone on the run and they think okay, person of interest, you might not be in as much trouble and so it might be okay to help that person. otherwise if they think you are a suspect they may not get people to tell them what they've seen. that's what police officers have told me. i want to talk about just the legality of what is going on in the case. with all the cameras around the cities, he knows to go into central park where there is not nearly as much camera coverage. there are drones and now they are searching that body of water. talk to me about evidence in a case like this? >> we have somebody who is clearly highly motivated but what i think is really telling

is how much information he seems to have had ahead of this event. he came to the city days in advance. seemed to have known where mr. thompson was going to be and laid in wait and then seemed to have an exit plan to include the monopoly money that he left in the backpack. now he had those words written on the bullets and had the monopoly money. it seems like he is playing a game. one thing i'm curious is there a manifesto or statement that he is trying to make? i'm surprised we haven't seen something come out online. we haven't seen other people who seem to be close to him with more information. i think that will change. >> harris: in cases you watch. you do as a legal expert. is this something that you've seen before? when you say a manifesto, that almost seems like you are looking for the reason why he did this outside of anything else. he is playing right now a game. >> he is playing a game and i think that the evidence of that with the words on the bullet says a lot. now we have to be careful that

could be some sort of misdirection. we don't want to assume too much ahead of time because mr. thompson had a lot of enemies out there both from the insurance type of perspective, professional perspective. d.o.j. was investigating him and other folks from the company and then there is a personal life. all sorts of things that could happen there. you have to be careful that there is not misdirection. it seems like the killer in this case had a link and tie to this kind of anger that the insurance companies kind of build in people and that it is all about that. >> harris: the first day we heard about the bullet casings and words deny and delay and that sort of thing and this was tied to a healthcare ceo. he is dead now. you heard a lot of people it's a john q thing that played out similarly. angry, took hostages at a hospital. we'll move to this. jurors are back in court for day five of deliberations, daniel

penny's trial. the legal controversy is an 11 on a scale of 1-ten okay? tensions are sky high outside the courtroom right now still. two groups of protestors. this is live in new york city. one is for penny, one is against penny. chanting with bull horns and getting into a scuffle. an hour ago our crews were out there. the anti-penny group is so loud people inside the courtroom can hear them. i have a problem with that. that to me could be juror intimidation. we'll get into it. on friday the judge threw out the more serious second degree manslaughter charge after jurors became deadlocked twice. they could not find guilty, not guilty in this case. they are now considering one count of criminally negligent homicide. critics disagree, why not call the mistrial. it would require a mistrial

meaning daniel penny goes free but prosecution can try for a new trial. instead, bragg's crew is gaming the system using information gained from deliberations so far to try for a more limit edwin. former assistant u.s. attorney andy mccarthy tore into district attorney alvin bragg's handling of this case. >> bragg threw in the recklessness count in hope of being exactly at this place where, you know, he is driving the jury to a compromise verdict. you have to wonder if some jurors think that they are basically being brought back to court every day until they finally convict this guy of something. >> harris: quickly on the legal part and i want to get to the protestors. not a mistrial after two tries. how normal is that and how many tries do they get to try to convict daniel penny with this particular judge? >>s a legal land mine type of situation where they have essentially hung on the greater charge but then how do they make a decision on the lower charge?

the state of new york has some case law that supports what is going on right now with the judge doing that. essentially the jury had to reach a verdict of not guilty before they could get to then decide the negligent homicide charge. when they couldn't do that. then that gets tossed out they didn't have instructions on how to deal with that. now that's why the judge is sending them back in for that. >> harris: you told me there is an exception. the judge is not going by the book. they could not reach a not guilty to go to the lower charge. he gave them that opportunity like i know it is christmastime but what are we doing with the law? >> that's the confusing thing about this case in the first place. the fact they brought a manslaughter that they are alleging daniel penny knew he was creating an unjust fileable risk. bragg was trying to create a split the baby and bath water scenario. they know they can't convict on the greater jar and convince the

jury let's go down the middle. >> harris: he is a soft on crime prosecutor, this district attorney. they didn't charge daniel penny with anything. didn't arrest him for ten days. by then the protestors were hot and they were numerous outside of city hall. they knew they had to do something. they arrested him and that's how we got to this case. not evidentiary but political. now you can hear the protestors inside the courtroom. if you have a case and you are defending someone and you can hear anti-your defendant chanting going on the same kind that got you into the courtroom, how are you handling it? >> there doesn't seem to be fairness in how this has played out. it starts with a prosecution based on the anger of protestors and now we've got jurors who are going to be potentially hearing this and influenced by this ire that is going on? you have to wonder who that hold-out or who those people are voting to convict. this case should have never come close to the courtroom much less a conviction. to hear there are jurors on that

panel willing to convict him on manslaughter is outrageous as alvin bragg bringing this case in the first place. i think it will be a hung jury. i think they'll go back in. same people who voted manslaughter will go that way. this won't change anything. >> harris: prosecutors, that d.a. alvin bragg gets another bite at the apple. maybe a change of venue after all the protesting. we'll see. andrew, great to have you. thank you. mystery drones have been flying over new jersey. we know this those of us who live there particularly in the county next door. it has been months of this. now there are more of them and the ground that authorities are having to shut down. shutting down some airspace by the f.a.a. in certain areas. now that ground is growing. a group of mayors are demanding answers and they want actions. can you imagine what their citizens are saying? they are looking at the sky and

seeing all sorts of things. plus syrians are taking to the streets celebrating the shocking fall of a brutal government. a top senator says america needs to keep its eyes wide open on this. >> we also have to be guard evidence about the future as well. i don't think we should expect democracy is naturally going to flower in syria. we have to protect our interests. >> harris: remember, the dictator who just fell and kicked out bashar al-assad welcomed into russia by president putin now. what that means for the u.s. as president-elect donald trump is set to take office. i'm so glad to have him. lieutenant colonel goff in "focus" next.

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>> harris: breaking news, syrian

president bashar al-assad ran away as rebels were folding in an taking over his government. and a friend is now sheltering him, russian president putin. [chanting] >> harris: this syrian citizens flooding the streets in celebration of the fall of bashar al-assad's regime. his family brutally ruled syria for more than 50 years. the offensive was the latest development in a civil war that has devastated that country for more than 13 years. so many particularly young children in that country caught in the middle and killed. the balance of power now in the middle east has suddenly and dramatically shifted. national security advisor jake sullivan says it is a good thing assad is out but the future is uncertain. >> there is an opportunity to build something better in syria

but there is concern that terrorists, jihadists and other people who don't have the united states's best interest at heart to say the least could take advantage. we are taking action to deal with that and prepared to work with anyone in syria who wants a staple, inclusive, democratic future for that money. that's what we intend to drive towards. >> harris: this part won't shock you too much. president biden hasn't been crystal clear on what america's interest is around the world and how he handles foreign policy. here is the news, the biden administration was taken by surprise over the regime's fall. the united states launched dozens of air strikes on known isis strongholds in syria yesterday trying to prevent that terror group from taking advantage of the government's collapse inside syria. president-elect donald trump posted this warning. the united states should have nothing to do with this. this is not our fight. let it play out. do not get involved.

alex hogan is in tel aviv, israel. alex. >> hi, harris. in a stunning defeat of the assad regime that had been in power for half a century syrian rebels now control the country in a monumental moment seen playing out like this. syrian rebels today stormed the presidential palace after declaring they had seized the capital city of damascus on sunday after a brutal 13 years of civil war. syrians toppled statutes of the family that ruled over syria for 50 years, for mass incarcerations and torture of its own people. rebel forces announced again they had taken the capital and set prisoners free. president bashar al-assad fled to moscow and celebrations broke out in the city and around the world. more than 12 million people have been displaced, half of the pre-war population. sunday civilians started flocking home through the burpeders in neighboring countries. there is danger of what comes

next. israel says it struck suspected chemical weapons sites as the idf enters the golan heights by a cease-fire agreement with syria. it carried out 75 strikes against isis leaders and bases in syria to prevent any weapons getting into the wrong hands and isis getting a stronghold. >> harris: retired army lieutenant colonel. international military strategist and co-founder of restore liberty. great to see you always. my first question has to do with the former commander-in-chief, president-elect and soon to be 47th commander-in-chief trump. is he right when he says we shouldn't get involved? >> ultimately he is. america is not completely clean

to why isis generated and why we have what we have today in syria. it doesn't mean we should be going into this complex situation now expecting that we'll be able to know who the different groups are, what the goals are and who is truly a friend. there is a point we have to let the syrians settle this for themselves. >> harris: i want to bring up a point and kind of why i started with that question. our reporting at fox news is that there were some world leaders who already look as trump as the defact o present. he is engaged. when you hear him saying something like that less than 40 days away from inauguration today. when he says no, stay out of syria, what do our enemies here? >> the president of the united states speaking because biden and harris have basically disappeared from the world stage and trump and vance have been addressing every major issue in this country for really weeks now. ever since their election. all these national leaders know that really trump is our president right now.

>> harris: i want to get to something that's playing out in new jersey and i just received this. it is from representative jeff van drew, republican of new jersey. he said the recent drone sightings in new jersey are not only scary for residents, but also a clear reminder of the urgent need for change in our state and country. there has been no transparency with the public and this lack of communication is unacceptable. voters have been told the drones are not a threat but no further information has been given. full disclosure, i think many viewers know i live in new jersey not far away from many where the sightings are happening. colonel, this becomes a military issue because it is united states airspace and i want to mention that where the incoming president trump lives is near some of these sightings. drones, some described as large in the sky across many municipalities in the state. what is your take and the military perspective on this? >> absolutely. first of all this is expected.

i've been working with drones and the threat they pose to the united states military and to our homeland for the last 15 years. it is difficult right now to be able to form any conclusions who is flying them and why they are flying them even we know where they are. what the drones are capable of doing is still at question. the bigger picture is who is flying them and what is the threat to the homeland first? not just military bases. it could be power grids, internet hubs and things like that. this is a demonstration of potential that drones -- how big of a threat they can be to our homeland not only new jersey but anywhere in the united states and then potentially overseas. >> harris: who militarily uses drones that could reach us at this point? >> well, every industrial country that currently flies manned fighters and air forces will fly drones in quantity in a large scale and they are very capable of doing a lot of different things. unfortunately what we're dealing

with here is the capability of anybody to buy some drones off the shelf for a couple thousand dollars. given what's coming across our border i wouldn't write off anything. anybody could be flying anything for any nefarious person. >> harris: giving what's coming across our border and the enormous amount of people on the terror watch list. an explosion in the last 3 1/2 years, that number. so are you more concerned about the next 30 days, 35 days or so before the inauguration day? a change in leadership at the top. we're getting a taste of what that could look like. biden and kamala harris are silent on the world stage at this point? >> i am. actually i wrote a piece about this called our greatest risk between the trump victory and trump inauguration. someone will try to handcuff trump to a third world war potentially. that could be playing out. hopefully it doesn't.

it seems like there are many actors out there trying to remove him from being focused on the agenda of why we elect ed him in the first place and put our nation in a war where we may not necessarily belong. >> harris: colonel cobb, i remember the information. thank you. mass deportation efforts is interesting. you heard colonel gob talking about the border playing into a scenario where people coming across could buy drones here and that might be some of the people that we're seeing. we don't know with drones in new jersey. but the potential is there for problems. all eyes back on the biden and harris border crisis now. mass deportation efforts are on the incoming president's day one to do list. many democrats say they will not stand for it. some are planning to trump-proof their cities and states, sanctuaries, of course, despite growing illegal immigrant crime. the other threats the colonel was just talking about.

we'll get into it. the doge duo vows to cut $2 trillion of wasteful government spending. >> you can't campaign on freedom and limited government and low taxes and low spending and cutting the deficits and then not do it. we've got to make sure we honor our commitment. >> harris: all eyes also on vivek ramaswamy and elon musk and doge. the department looking to cut and make the government more efficient under trump. despite a lot of excitement from republicans and a handful of democrats many are questioning if congress has the spine to cut spending. republican senator capito in "focus" next. if you're a veteran wife, homeowner, and the family bookkeeper, you're the first to know when high rate debt

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hey, i just got a text from my sister. you remember rick, her neighbor? sure, he's the 76-year-old guy who still runs marathons, right? sadly, not anymore. wow. so sudden. um, we're not about to have the "we need life insurance" conversation again, are we? no, we're having the "we're getting coverage manslaughter. they failed to agree twice. the judge gave them another bite

at the apple on this lesser charge. negligent. they now say not guilty. what does this mean? let's go to reporter cb cotton outside the courthouse to find out how this has played out. i hear an immediate melee of protestors, cb. >> hi, harris, that's right. protestors are pretty upset. a large crowd of them out here next to me. you can hear them rattleling the police barricade saying no justice, no peace. what they are yelling now follows a series of threats that they've hurled earlier as the defense walked in with their client daniel penny telling the defense team that daniel penny can have no piece here in new york if he is found not guilty on this lesser charge. criminally negligent homicide. what i can hear now they are repeating those threats. very angry. i want to mention there were a couple people here this morning to support daniel penny but the

anti-penny crowd far outweighs them and they seem upset. police officers are coming out in droves to try to keep the two groups separated for now. i look at our notes from the courtroom and it seems like this is the first time we've seen some real emotion from daniel penny. his attorneys told me this morning that this trial has understandably taken a toll on him. he is spending time with family and friends to try to stay calm and our courtroom reporter telling me for the first time she sees him visibly smile. now hearing that jurors have decided he is not guilty of criminally negligent homicide. are you with me? >> harris: yes, cb. thank you, sorry about that. we've lost our picture for a second. appreciate your reporting. we'll come back as news warrants. that is huge what cb cotton was just reporting there, that

emotion also that she talked about color inside the courtroom. the first time perhaps that daniel penny has had any sort of noticeable reaction. of course, when a jury finds you not guilty, that is very different than being divided and sending this case again potentially for a retrial. this is significant. not just for daniel penny, not just for subway riders who may have been on that jury who found a way through. all of the legal wringlings from a soft on crime d.a. who doesn't hand out the adjudication evenly we've seen from alvin bragg. so this is really important. i want to bring in jonathan turley, fox news contributor, constitutional law attorney and george washington university law professor. jonathan, before we get into what comes next in all of this, just your initial reaction. this was fairly quick.

>> it was quick and it was not entirely expected because this is not obviously how district attorney bragg had planned this. the way the case was going was along the sort of design that bragg had to force a compromise verdict. when the jury deadlocked over the more serious crime, the judge went ahead and allowed them to consider this lesser offense. that is basically what bragg had hoped thatconviction on the mor crime, which was unlikely, that they would compromise and convict him on the lesser offense which still came with a potential penalty of four years. so i think the most surprised person in that room may be alvin bragg. because you have a jury that apparently couldn't agree on the more serious offense but came

back and said but we do agree he is not guilty of the lesser offense. so it is not exactly how this was supposed to play out in his view. you keep in mind this is a jury that reached an allen charge. that's where the court says go back and try again. it is a favorite charge of prosecutors. jurors often do then produce a compromised verdict, a conviction for the prosecutors. >> harris: you know, that's really what i was asking my guest who is now rejoined me about jonathan was this idea that it is a gift. because what it is telling the jury tacitly is you need to go back and find this guy guilty of something. so have at it. here is a lower charge. maybe that's not the intention but that is that favor that you talk about that jurors may perceive it as. >> what will be difficult for alvin bragg is that he always has the ability to try to bring another case for the more

serious offense but i think that would be very difficult now. you have a jury that just said we don't think he is guilty of the lesser offense and the standard for criminal negligence is vanishingly light in the view of many criminal defense attorneys. it doesn't take a whole lot. if he couldn't convict on that, it would be particularly outrageous for him to try any further prosecution. i don't expect that. >> harris: i want to slow down a little bit. as you read this viewers may believe and on first blush it looks like he is going free and better than a mistrial or hung jury. there was a not guilty. a decision, a hard decision in all this he walks away. are you saying, jonathan, that there would be legal ground or rules for -- an ability for alvin bragg to continue a quest after daniel penny? >> usually when the jury dead locks, that is not a final answer for the charge. now in this case, the judge

dismissed the count and you have to look at that what weight is given to dismissal as opposed to a deadlocked jury. i can't imagine even if there was an ability to bring a charge that you would do so even for alvin bragg in new york when a jury just said we don't think he is guilty of criminal negligence. >> harris: wow, okay. i hope you can stay with me. andrew cherkowski was on with me earlier and talking about what could happen. former federal prosecutor. daniel penny, our reporter cb cotton was saying, is known to have shown the first noticeable reaction to something in the courtroom and it was a smile after hearing the words not guilty. >> imagine the weight that has been on his shoulders for a year now with the investigation and the prosecution by the city and state of new york. he was going through it and he was feeling the pressure every

single day. >> harris: and the prosecutors, you told me and the defense attorneys you told me earlier. >> everybody in the courtroom. one thing that's notable when he went home on friday his attorneys must have told him it is not looking good for an acquittal. the fact that somebody was willing to convict on the manslaughter and why they hung. somebody was ready to convict there. that really meant that for the lower offense he should have never been acquited of that. that person would have naturally stayed with their guilty vote. something happened over the weekend or something happened back in that deliberation room to cause that juror, those jurors who were thinking they would vote guilty to change their minds. so this is as of friday a very unlikely result. all sorts of things that happen in a deliberation room. they could have gotten things wrong and not actually hung and been confused how they were supposed to go about things. i think somebody's conscience must have shifted. maybe it was something they slept on. something somebody said in the

jury room this morning. that was a quick turn from going back in this morning to now saying not guilty. >> harris: jonathan, i want to come back to you. something i brought up earlier. we would take live shots and you could hear the protestors and repeated you could hear the protesting inside the courtroom. i don't know how these jurors, how close they were to windows or whatever. if you could hear it in one part of the building maybe you heard it in other parts. is that okay? this hinged on politics anyway, jonathan. we know daniel penny was not arrested for ten days because police said there was no evidence to arrest him on after talking with him after taking him from the subway and into the precinct and getting him on camera and hearing his words answer all the questions that were an important part of this case, i might add. not enough here to charge him with anything. ten days later protesting was loud. today protesting loud. i wonder what you think of that and if that could play a role in

what we're seeing now? >> well, unfortunately we've seen this before. this is the face of rage. i just wrote a book about this. we are living in that age of rage and you see it outside that courtroom. we saw it during the trump trial after the conviction when i came out of that courtroom, there were people dancing in the streets. they were ecstatic. this was a thrill kill. unfortunately some of these people are precisely the constituency that bragg was playing to. they are not going to be satisfied by a decision of this jury. clearly the jury was not in the bag for the defense. they obviously agonized over the case. they had to spend a long time. an allen charge made them go back and continue deliberation. this was a very thoughtful jury. in the end they changed ultimately the outcome. it is this curious anomaly where

they had a deadlock on the more serious crime, then came back and acquitted on the lesser. i think that somebody obviously went home and gave this some thought. the thing is, what happened last week had the feeling of a small minority deadlock. many of us were discussing that. it might have been one or two jurors. >> harris: that's what andrew was saying. >> when you go back home and you give it a weekend, you know, you get an added perspective. most of us are very thankful for this verdict because this is what we teach our children, right? we teach our children not to walk away. not to just walk away. but to do something. to do something not just for yourself but for other people and the concern was that a verdict of guilt in this case would have shattered that for people who ride the subways but

also every major city. it took on a greater meaning. >> harris: statistically some of those people would have been part of the jury. you can't run away from that. we don't know what the road home would have been like right after this but i'm sure they get some protection for some period of time during the trial. you go back to your life and you are part of that community that potentially is going to jump on the subway in the next few days and how can you -- just think about that. there are threats outside to take people out because this hinged on race suddenly. like suddenly this hinged on race. black lives matter group getting together and saying if you do this -- what did the woman say? do we have the sound? she said that america hates black people. thatas so far afield from what we're watching here i can't even imagine how we got there. paul mauro, former nypd inspector and fox news contributor. it is important idea what the

nypd is facing at this hour. the threats were real, a news conference, loud, they were on display for the whole nation to see. and there was a threat of burning buildings and burning cars because black people aren't loved in this country. first of all, how do we get there from here? >> you know it feels like we are back in the 80s. new york city has felt like especially as we moved forward on public safety, the city got more prosperous, you had more tourism. it felt like a lot of this stuff was behind us. it felt like a return to the bad old days of the 80s and 90s when everything was racial. that was the lynch pin of every case. i've been saying on the air thank you, alvin bragg for bringing us back 30 years. this feels like justice for that reason and a lot of others. nypd is hyper aware of this stuff. the police department isn't perfect but pretty good

institutionally. they remember the stuff. old timers have time through it. i would have been one of them. they are hyper aware of these threats, i'm sure, if that's what you are hearing in public, you can imagine what they are seeing online and in phone calls. people call the precincts and make threats, etc. at the same time that they are running around on this mid town shooting and the other stuff they're doing, now during this case they had to keep the protestors apart. they had to vet out threats to daniel penny, to the police that are protecting him, etc. and so far they are keeping all those balls in the air. >> harris: the streets of new york. when you say that you want to burn stuff, that affects everybody and you will hinge -- because you think people who have my skin color are so hated in america that you have to set new york on fire. that puts everybody in victim mode. how is that even tolerated? where is alvin bragg? he should come out on the steps of the courthouse right now and say you will be protected. justice has been adjudicated in this building.

you will not riot tonight. we will come after people who do. where is his voice? >> where were those prosecutions when we saw what were essentially riots on our campuses, buildings being op pied. us theed toance grabbed and kidnapped. where was alvin bragg for those prosecutions? he is selective. let's hope he is professional enough to calm the waters. he has swung and missed again and he should be looking at his tenure here as district attorney because at the same time that we have violent crime double digit rise in manhattan in his jurisdiction, he is wasting his time with 34 counts against donald trump that he picked out of the air and then this case, which any new yorker who has taken the subway ask yourself, harris, we've talked about this, would daniel penny have done anything different had jordan neely been white and behaving this same way? of course not. how would we feel about daniel

penny if he didn't take action in that spot? >> harris: there are a lot of people in that subway car underground that were grateful to him and have been expressing it and witnesses in the case. i want everyone to stay with me if we can stay together because we will get back. i want to see what happens next for daniel penny after this not guilty verdict. first, though, we have more breaking news. i want to give an update in the killing of the united healthcare ceo brian thompson, a man who matches the description of the gunman has been taken into custody in the state of pennsylvania. alexis mcadams has the update. alexis. >> well, we never know exactly how quickly these things will move. all morning i've been in central park as the dive teams are doing everything they can to find what i was told was the weapon because they couldn't track it down. investigators and nypd police sources telling fox news they believe they found a man who matches the same description of the gunman who killed the ceo in

mid town manhattan in pennsylvania. a 5-hour drive. we heard he hopped on a bus and fled town and now they believe they have that person of interest in altoona, pennsylvania. so we talked about this earlier when i checked in with you. person of interest, suspect. they are keeping it as person of interest. he also according to sources telling fox news had the weapon they believe was used in the murder in his pocket. so this is what happens, i'm told from police and still developing. this person is at this mcdonalds in altoona. this has been a nationwide manhunt. asking people do you recognize this man. we want to talk to them and linked to the ongoing investigation. somebody at that mcdonalds in pennsylvania recognized him. called it in to local police and here we are now. if it ends up panning out and they'll question this guy in pennsylvania, we could have a

huge break in this case. this comes as that ceo is having a private funeral now in minneapolis area where he was from. he was just in town for business where he was gunned down. back live we know the question is what is the motive at this time? could it be linked to his job? >> harris: why did he do it? alexis, i want to bring my team in who is with me now so we can work through all of the great reporting that you've just done. suspected assassin was located, seen, witnesses were able to make a match at a mcdonalds in pennsylvania. so andrew, i come to you first because he will be extradited back to new jersey. i don't know if you call it that. we have one state down shore, jersey shore. it is pennsylvania there. talk to me about what happens next to him? >> he will be undoubtedly extradited to new york. we have to make sure it's the right suspect. they have pieces right now that

suggest that it is him. they are going to bring him back here and then the prosecution begins and that's a slow process. we can anticipate an indictment and other pieces along the way. >> harris: how impressed are you by the fact that we didn't hear much about the dna on the bicycle and places we know there would be dna even with gloves. he had to sit. he was doing all sorts of things and leaving the backpack behind. no matter how careful you are, you are not perfect as a human being. how impressed are you that none of that leaked into the public and none of what they were finding. you don't want it to but sometimes people find things out. does it make the case against plea stronger? >> there will be a lot more about what the police had access to that they didn't let us know about. i'm most interested to hear if there are other people either before the fact or after the fact that are somehow involved. that could be something that the f.b.i. or the d.o.j. gets involved in. he may be looking at criminal prosecution both in new york as

well as federally if he is committing crimes across state borders. >> harris: how does minnesota come into play? the united healthcare ceo brian thompson shot in the back, assassinated outside the hilton hotel in the middle of manhattan and you heard our reporter there alexis mcadams saying funeral services are getting underway. how does that state play a role? >> not anything directly. what we have to look at is how the killer was connected potentially to the company. is it an insider? somebody who had perhaps formerly worked there? are they connected with people feeding him information? that's the larger scope of what will be looked at. >> harris: that we would maybe see something from minnesota with regard to that. all right. we'll toggle back to the simultaneous breaking news at this hour. those protestors that i was telling you about are speaking now. blm have threatened to burn down

parts of the city, cars, what not. they are angry over daniel penny being found not guilty. >> if we get to this point it's too late. we have to be there for each other and that's our call to action. everybody that's pissed off at this verdict i challenge you to go outside today and help one person. that's my challenge. if you are angry, if you are hurt, go help one person. that is how we beat the system. that's how we turn this around by being there for each other. >> i just want to say i miss my son. my son didn't have to go through this. i didn't have to go through this, either. it hurts. really, really hurts. what are we going to do, people?

what's going to happen to us now? i had enough of this. the system is rigged. >> uh-huh. >> come on, people. let's do something about this. let's do something about it. too often we have eric garner's mother here. too often this is happening where we are left alone in this society. we've got to stop that. we have to change how we impact each other. jordan came on that subway car, the first thing he asked for was food and he was killed. and the person who killed him was not held responsible. we cannot allow this to keep happening.

>> good morning, everyone. here we stand once again in front of this injustice. i stood here ten years ago because they did not give justice to my son with a choke hold. i fought hard to get the anti-choke hold bill passed, which did pass. but it shouldn't only be for police officers, it should be for civilians also. no one deserves to be choked to death. and you know we're in that courtroom and people are cheering for the verdict. they made the loudest noise, the judge did nothing. but when his father spoke out they put him out of the courtroom. is that justice? or what?

we can't allow this to keep going on. we have to fight this system. that's what i had to do. i had to fight to get the little justice that i got. i got one police officer fired. there is more that need to be fired. but i tell this family, do not give up because that's what they want you to do. they want to discourage you like they tried to discourage me. ten years later i'm still fighting. not only fighting for myself but families like yourself. that's why i have to come out when this injustice is done. if this had been the other way, if your family had murdered this so-called innocent guy now, it would have been a different story. he would have been in jail. would have never came out. they don't do the same to us. there are two justice systems

and we have to stop this. the only way that we can stop it is to stand together. those of us who are against what happened, we have to speak up. we can't treat this just like another -- >> harris: we're watching a news conference just after the adjudication of the daniel penny case. the woman speaking is eric garner's mother. it has been many years since we've seen her. her son was killed in a new york city staten island. you talk about the case and her case against cops and the city and how his being black is just like the victim of daniel penny who was threatening people, that victim, jordan neely. you are locked underground inside a subway car. the jury found the man on the right side of your screen, daniel penny, a former marine, a hero in this country who has served found him not guilty of a lower charge after being deadlocked, of a lower charge of

criminal negligent homicide. leo terrell, most importantly for this discussion a civil rights attorney. he is also my friend and fox news contributor. leo, your thoughts. >> these individuals who are playing the race card is very offensive. you look at what was -- the people on the passengers, the subway bus, people of color. you saw daniel penny acting as a hero. harris, we have a black mayor in new york city and black d.a. these individuals now are telling america, america hates black people. that's a lie. the rule of law prevailed today. a jury of his peers found him not guilty. these people are profiteering when it comes to the race card. it is offensive. they don't represent black america. i challenge eric adams. protect daniel penny, protect

the citizens of new york, because these individuals do not -- do not represent black americans or americans in general. >> harris: leo, what about the soft on crime d.a. alvin bragg who got this case in front of america at this point, who brought this case against daniel penny even though daniel penny had not been arrested 10 days after the heroic act that he performed on that subway to save people? a woman and her child in a stroller were the two people that jordan neely was bearing down on with his threats and daniel penny did what any marine, any american that i know who loves this country and loves the co-citizens inside the subway car would do. he jumped in to help. go ahead. >> the first question i learned-in-law school is why. you laid out every reason why this case should have never been brought. harris, you and i understand the motivation of alvin bragg. politics and racial identity.

he plays the race card in this case because the victim was black and then he plays politics with the law and look at the donald trump case. so you laid out every single reason why this case should have never been brought. look at the end result. the jury accepted your version of the reasons why for alvin bragg doesn't follow the law. he plays politics with the law. >> harris: leo terrell, i requested that you join. you and i are sometimes together on these very important moments and if they don't get a handle on this both the mayor of the city of new york, eric adams, and the district attorney, would really help to come out on the courthouse steps and say look, the law has been adjudicated by the jury, we are going to move forward. he can do whatever he wants legally but he has to help now quiet what is becoming a mob. leo terrell, thank you very much. more breaking news. "outnumbered" starts now