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.

>> harris: daniel penny found not guilty of negligent homicide in the death of jordan neely. we were just hearing reaction from jordan neely's father and other supporters as the jury reached a decision after more than 20 hours of deliberations. this is "outnumbered." i am harris faulkner with kayleigh mcenany and emily compagno, also joining us today molly line, fox news correspondent, and larry kudlow, host of "kudlow" on fox b fox business. cb cotton on the story. it is unfathomable at this point it is two black women on the screen that this has come down to a race issue and not about daniel penny's innocence, not guilty. >> i can tell you, harris, the protesters here outside the courthouse are very, very upset right now. they are chanting no justice, no peace and we actually just heard in a press conference from several of jordan neely's family

members, jordan neely's father andrew zachary saying he misses his son and he believes that there is a two-tiered system of justice. but i also want to talk about the moments in the courtroom when we heard this not guilty verdict for the first time we saw some emotion from daniel penny when he learned his fate, he smiled in that courtroom, his defense attorney started clapping and this was obviously a very joyous moment for the defense, but for neely supporters there was anger. when the defense attorney started clapping, jordan neely's father said "are you trying to get f thing killed." one saying "it's a racist effing country" so tensions are high at the courthouse. jurors went to the deliberate for more than an hour before they went back to the deliberation room i want to paraphrase what the judge told jurors. he said something to the effect

of no juror should surrender his or her honest view of the verdict just because he want to make an end to deliberations. i hope that helps. so we know that the jurors went back to deliberate at around 10:15 this morning and they came back at 11:30 with a verdict of not guilty of criminally negligent, side, this comes after jurors last friday were deadlocked twice on the higher charge of second-degree manslaughter after they came back the first time deadlocked, the judge read an allen charge and send them back to deliberate and they came back in the afternoon deadlocked again. at that point the prosecution made a request for that higher charge to be thrown out. the defense objected and called for a mistrial. defense attorney thomas kenny thought it would be coercive for jurors to continue deliberations. nonetheless they told me defense attorneys told me they were trying to stay levelheaded about today hoping that this decision will come and now we know of course jurors have found

daniel penny not guilty of criminally negligent homicide. and i want to share this from the fox legal researchers about that top charge, second-degree manslaughter which again was thrown out. i have learned that if d.a. bragg does try to bring another prosecution on the ground of second-degree manslaughter it may be double jeopardy, so he may not even be able to do it to. but from now, a tense courthouse here as both sides remain divided. >> harris: cb, i appreciate all of that. i want to ask you the size of the crowd out there and if it is looking decidedly different than it did earlier, it was pretty big number of protesters, what -- described it to us now. >> i would say there about two dozen protesters here in support of jordan neely, this morning we had about five protesters in support of daniel penny. we saw a small clash and police quickly moved in and the supporters here for neely are still here and calm down a bit, but we are expecting things to

pick back up. >> harris: have you seen any movements of the city's mayor, eric adams or d.a. alvin bragg to come out to deal with potential animus in the situation? that's not the word i am looking for, inciting is what i am looking for. >> we have not seen new york city mayor adams or d.a. alvin bragg, alvin bragg's out and one day for the trial, tomei memory that's the only time he was here, one day of the trial, but protesters here are now blaming new york city mayor eric adam's for this verdict. so there is a lot more to watch for this case. >> harris: why do they blame him specifically? are they saying? >> i think, they are not saying specifically why they are upset a pin to look back at him. perhaps they are upset by some of his recent statements where he said a jury of daniel penny's peers will decide daniel penny's fate and that is what has

happened here at the courthouse. these were everyday new yorkers on that jury who take the subway every single day. most of them said they take it if not frequently, they take it sometimes. >> harris: cb cotton, always great to be on screen with you. thank you. >> thanks, harris. >> harris: so larry, did america watch a city may be pulled back from something that would have harmed everybody? and that is you punish heroes who step up? is that we just witnessed? >> larry: i think so. i think he deserves a medal. we were talking about it offset, absolutely. i mean, i think that once again alvin bragg gets his ears pinned back. the guy never deserves to be district attorney, he should be impeached if such a thing were possible, but is not a new york city. you have to -- and by the way, the police, let's give the police some credit and a lot of these things, we will get to this i guess, but we are on the march for this killer of the united

health care. >> harris: they have arrested a man fitting his description in pennsylvania, we have to figure out if that is him. >> larry: once you have facial i.d. you are in good shape, but new york needs this. we have to show that we are capable of preserving the safety of people and businesses and families and schools in the city. truthfully in the last several years new york has failed to produce that as so many, so many criminals have been caught, sentenced, and left, they just left, no jail, no bail, no nothing and of course they tried it with donald trump and that did not work so well either, and they keep up with the donald trump nonsense, the appeals court will knock that down as well. alvin bragg has lost every single thing he has done and every sense of perspective. every sense of perspective for the people who live here, the people who visit here, and the people around the world to look at new york as a leader, for heaven sakes, let us establish

public safety. >> harris: emily, what precedent does this set? >> emily: as a new yorker it sets a precedent that people will feel encouraged again or emboldened again to step in when everyone around them is terrified. the reality is that that jury saw this for exactly what it is which is someone coming to the rescue of everyone else terrified in a car. and those of us who live here and who take public transportation experienced this kind of stuff all the time. and it's because of the lack of law enforcement because of this crippling ridiculous district attorney we have been subjected to an explosion of crime on the streets at the hands of those recidivist criminals that law enforcement can do nothing about because their hands are strapped to those that are racializing this or protesting to me do not represent in any way the actuality of what occurred on that subway in this trial which sees no color, no one cares about a color whatsoever and ask subway car. no one cares about a color whatsoever on the streets. i speak for myself as a new yorker, and for every other i know because we are faced with the reality is, not the

enjoyment -- >> larry: when it comes to crime, that is not about race. >> emily: and if i made one last point, similar to the riots we saw on the west coast when the arrest records came out and you actually realize, none of them even live in that city, i wonder those the loudest voices that have rationalized this and i think that i wonder, do they live here? do they take the subway? so i think for me when i heard the verdict it was a sigh of relief and as an attorney it was a major sigh of relief that the legal massive error and injustice that the judge did by just missing the first charge and saying, we will preserve the second hand no, it's not coercion, think got it cured that sort of. >> harris: molly, what does it tell us when it's the reason that we got to the spot that emily is talking about is because at least one person was stand out and wanted to find this guy guilty of second-degree manslaughter? we can't just say this was a

pure not guilty, we got here because somebody before last friday said, no, no, he is guilty of killing, it's manslaughter, so there was this point today with jonathan turley and he said if they don't come down with a verdict and this just comes back as a hung jury, they can try again. >> molly: i think this brings us to what emily was talking about, in the season of peace, will we see peace across the city tonight? will there be riots? will they be as you talked about other people, other actors that look at this as a cause that can be put on as theater all across the country. the other question i have about if this offers some sanity, some hope for people riding the subway, will people feel brave enough to step in, will that help make the city more peaceful? and i wonder about daniel penny and his p is for the rest of his life, you know, he has a young former marine who stepped up in one moment and now his face is out there for the rest of his

life, and while there are many people that believe he is at the height of heroism there other actors in the city or other places across the nation, so this is something he will be dealing with for the rest of his life. >> harris: kayleigh, i am curious. i have not lived in the city, but i have watched the crime explode from across the hudson river, i wonder what this means for the rest of the country, because crime happens everywhere. so it's not just about being locked underground in a subway car with a bunch of people in a man who was threatening to harm others and someone will die today is what jordan neely said and that subway car, but it is everybody who might have a hero among them who wants to come forth. this changes i think the conversation. >> kayleigh: you are exactly right, i think we will see a national chilling effect on good samaritans across the country just like the ferguson effect, the national policing in the wake of what happened to derek

wilson. so despite winning, this is not a victory. as a victory would be a d.a. never bring this, a judge dismissing that, this did not -- it's great news, it's not a victory, what happened was as important as what happened on november 5th of this year, president donald trump prevailed in that election, today justice prevailed and i am not overstating it by saying this was huge, it was a victory for justice. think about daniel penny and the road he has a head coming has civil litigation now that the father has filed. he has untold legal expenses that he had to pay for this case, who is going to pay those? a 26-year-old guy who served his country honorably, the media, i read in the new yorker, wanted to throw my computer against the wall, because it angered me so much, this casual line, the subway dancers strangled by the ex-marine. this guy was convicted in the court of public opinion despite being a hero, despite all of those on the subway calling him a hero and thanking him for his actions to the point larry

mentioned, he deserves a congressional gold medal, eli crane has put forward legislation to give them a congressional gold medal, the day one priority of donald trump by saying get behind this, put a tail wind, give this guy a congressional gold medal, he is nothing less than a hero, justice prevailed, his life thus far is still ruined. >> harris: i want to bring in jonathan turley, legal scholar, you are with me is the story was breaking last hour, a new set of questions now around this racially charged threat on the streets of new york from a few people. and i asked cb cotton, tell me how many were there? many more today, not guilty of her daniel penny as they are angry and hinging everything on skin color, and we have not heard from the mayor yet and we have not heard from d.a. alvin bragg to calm things down. if you are a citizen in the city of new york and your business is burned or your car is burned, i think you have a legal case against the city of new york if they don't step up and tried to

stop the threats that have been coming for hours this morning? >> here are the interesting thing here is that we have not heard from alvin bragg, but he has heard from the people of new york, behind that mob outside the courthouse is the rest of new york, and i think that we have already seen that new yorkers are fed up with the policies of alvin bragg and many others, this jury is new york, they were selected from this population, they did not just immediately acquit, they deliberated, they divided and ultimately they came together on the lesser charge. keep in mind that this lesser charge, they could have secured conviction by just deciding that he had what was called blameworthy conduct, i mean, it's an incredibly low standard, and they said no. now that it's after of course rejecting the higher crime, the more serious crime last week by simply dead talking, but they

did not to reach a unanimous decision in that. so there is possibly one or two holdouts last week that change their mind, obviously this weekend. what is also interesting about this verdict is it does have some blowback on the recently filed a negligence case by then the lee family against penny, now those cases represent a threats because they are under standard for torts and civil cases have a preponderance of reonable doubt and so what is interesting about this is that this is basically an negligencee been critical of the use of criminal negligence, but they were not able to secure a conviction here. they will have a lesser standard of proof in the civil case against penny, but going into this case, that has to give them a lot of following win. >> harris: do you think

alvin bragg would go for another bite of the apple? talk of double jeopardy but not necessarily because it was not cleared before they went to the lower charge. >> and this is the issue that we talked about earlier on the air, normally when you have a dead bolt lament deadlock it is an unresolved criminal charge and the prosecutors can come back and bring it again. in this case the judge dismissed the charge, so the argument could be that well, that's different than a simple deadlock if at the end, practically i don't sehow agg can do this. he just had a jury say we did not even think he was guilty of blameworthy conduct and you are going to bring a higher charge against him, it would be absurd, but much of what bragg does, most prosecutors would not do. so we are not making any assumptions here. so it's the right to verdict and it comes from people of this

community. >> harris: jonathan, than thank you. >> kayleigh: now turning to this major development searching for the gunman of the ceo killing, right now a man who matches the description of the gunman has been located and taken in for questioning in altoona, pennsylvania. in new york city, nypd divers are continuing their search of that iconic lake in central park. alexis mcadams' life with the details. alexis. >> so we have been covering this since it happened, we were out at the hilton hotel in midtown about an hour after this whole thing went down where the ceo was shot and killed. we are now being told by police sources on the couch that investigators believe they have a person of interest because they think it is the same man that was at the scene in midtown. they say he matches the description and was spotted by someone inside of a mcdonald's in altoona, pennsylvania, a five hour drive away from where i am in central park, the last spot,

this gunman was seen. they've been calling him a person of interest, now they are saying they are questioning a person of interest in altoona, pennsylvania, trying to figure out why could this be the guy? that's the main question. told that it's because of the weapon in the pocket at the mcdonald's in pennsylvania and they believe that it is the same weapon that was used in the murder of the ceo. what else did he have on him at the time? hundreds of miles away, that would be a fake i.d. it could be the same fake i.d. i am told by sources that he used to check in at a nearby hospital here in the area in central park and on the upper west side. this is all developing. you have to think though how quickly these things go on, because it seems like at a slow and a drip, drip of information, but this thing is flooded. we are getting a lot of new information and all of those pictures they put in and all of this new information about a person of interest. so to find out that a person spotted him at a mcdonald's in pennsylvania just shows you that

those wanted posters from the fbi and the nypd could be working because it was a tip from somebody at the mcdonald's you guys that could help correct this entire case, we will keep you posted on what else we find out. >> kayleigh: alexis, thank you. emily, you are remarking during that reporter, making such a great point of how brazen it would be for someone to go to a mcdonald's with a gun in seems e motive of this killer. he is smiling at the camera days before he kills someone, going to starbucks coffee before he kills someone. >> emily: brazen and surprising, and we have been talking about this in an ongoing conversation over the pastew days that i wonder if the behavior in the brazenness is so -- such -- so much that it almost appears juvenile, unprofessional, a little ridiculous, so we have talked about that and perhaps that blythe may be manufactured cover that this person is a

patsy for someone else. is this person truly this -- either this idiotic or this deliberate as to make us think these things. we will learn more as things develop, but it's fascinating that these breadcrumbs the individual has been leaving this entire time have been in the beginning it seemed like oh, my gosh, what eye is all of this? the distinctive backpack, and interestingly founded in central park and then -- it is just obviously speaking to the incredible police work and effort of the nypd and the intelligence services with them and underneath that i wonder if this guy is just -- >> larry: he has an amateur, it does not sound like any more it was a professional hit job, that was the original idea, i don't know for sure, but if he is walking around with a gun and it turns out it's the guy, he is clearly an amateur and has a beef against united health, that's probably a part of it. so maybe this was as some people

speculated, some crazy kid revolting maybe he did not get the insurance he wanted to get, but another points that emily made and i wanted to say as i know i jumped the gun before coming in oh, cops are very good if you let them, the blue line, wherever it exists is very good at what they do if you let them. if certain left-wing politicians would stay out of their hair or certain people on the seventh floor of the fbi would let the fbi agents do what they are supposed to deal, okay, take the politics out. depoliticize to use a word, crime-fighting and policing, because they can be pretty good and by the way, while i am at it, how about the politicizing these juries, because you know what, ordinary americans make our constitution and if you want to go back 1,000 years, the magna carta look very good, if

you just let it work. >> harris: landed the plane, that was amazing. >> emily: it was, one thing that shocked me about this case because we live in a world where everything is on social media at all times. we have seen his face for days, and police are not letting it out, it's surprising to me that you don't see it on socia social media. >> harris: some of the things i was picking up on social media and have a questions about legally how it plays out of the case is the support he was getting because he seemed to hate the health care system in this country particularly united health care and i wondered, are there algorithms at a time like this that are capturing -- for all we know he responded to some of this. we don't know. there is a lot that we don't know that the fbi and others have been collecting, but i think for the first time in history we are about to see how social media really plays a role, because there was a lot of that as he was on the run and it was not just your 24 hours, it was six days. there is that element but also yes, that is kind of strange

that the woman in the cafe where he first took his math down days ago and they were flirting reportedly flirting with one another, how that did not generate a lot online and people saying, i was there that day. because all of the stuff has been during the daytime, people always have their phones on them, right? so i am curious about how we did not see more than just the surveillance cameras and what little lucky nuggets around the way. i didn't have to mean that, but these are little nuggets. >> kayleigh: one thing we will find then started out over the weekend, he had to have known this guy was staying across the street and knowing his movements to be waiting, knowing he will walk outside to the conference then i find out over the weekend from an eyewitness, he was there all night on that corner, he seemed to have arrived just before thanksgiving and was in the area for a while, also we learned monopoly money in the bag, the messages on the shell

casings he was trying to deliver a message. >> molly: it seems like some of the investigation includes intentionally left bread comes, things the suspect wanted investigators to find, the messages left behind, the monopoly money potentially, some sort of message about greed in the industry and broadly speaking, and then that filtered into the online discussion. but the one thing i find surprising is just potentially they say a witness to mcdonald's may have been the one that spotted him and recognize him entering the same. this phase has been across america and i don't understand why we are not seeing the discussion online about this is my third cousin twice removed. i covered the aftermath of the boston bombing, and they were clearly blatantly, people knew who they were and i am just wondering if when this is all said and done we will get some more information about

potentially clues called, and they had an idea, but i think it's interesting that just a witness and a mcdonald's may have been the one that correct this. >> larry: or the cops are holding the information, think about that. >> kayleigh: if this person of interest is the killer, totally brazen to go to mcdonald's when there is a nationwide manhunt and for you, and now father brian thompson left from the earth, his two children and wife alone this christmas. more "outnumbered" in just a moment.

i try to put my arm around any vet that i can. absolutely. at newday usa, that's what we're doing. we put our arm around the veterans. when i think of the veteran out there that needs to refi his home, he may want to purchase and we can help them and provide that financial solution for them and their families. it's a great, rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran that makes this company so unique.

here's an important benefit for veteran homeowners who need cash. you can take out $70,000 or more with the newday 100 va cash out loan. with home values still close to all-time highs, now's the time to turn your home equity into cash. rates on credit cards and car loans have skyrocketed. pay off those high rate cards and costly car and truck loans and save hundreds of dollars a month, thousands a year. need cash? call newday usa. >> kayleigh: president-elect donald trump makes his return to the world stage, the reopening of notre dame cathedral in paris also marked the de facto coming-out of the leader of the free world. and upon his arrival, he got the red carpet treatment complete with trumpets blaring and members of the republican guard in full uniform which is

something usually reserved for sitting u.s. presidents. he was greeted by french president emmanuel mccrone, an overbearing handshake quite funny, was seen as a power move. it went viral on social media and donald trump held talks with ukrainian president zelenskyy calling for an immediate cease-fire and only sent a warning shot to russia. also said his envoy to the middle east warning it would "not be a pretty day if the hostages and gods are not released before donald trump's inauguration. the international trip signaling this, then america is back. i want to put up some images of that handshake with emmanuel macron, and we have a side-by-side the 2017 handshake, larry, if that is not an america honest handshake, i don't know what is. >> larry: i love it, a bone crusher, a little signal to macron, by the way, i know we are going to talk about syria

and all of the rest of it, but macron's whole government has collapsed as you may recall, so i don't know what he is going to do, probably does not have to resign, but i think that donald trump was sending him a signal. whole of the g7 and g20 meetings in the first term said decidedly mixed relationship with emmanuel macron, so i think he was saying who is the boss here, i am the boss here, by the way, the point about head of state, donald trump is now running the country, he is running foreign policy there is no question about that. >> kayleigh: that's right, it was funny to listen to the musings about the various leaders he met on the prime minister of italy, giorgia meloni, he said she has a real live wire, i will tell you she is great, prince william and i laughed when i read this a good looking guy donald trump said, really very handsome last night and some people better in person, looked great and really nice and i told him that. >> harris: alex hogan did some

reporting earlier last hour and you know, there were world leaders reportedly who are saying that donald trump is the de facto president at this time, and you know, it is disturbing that we have not heard from president biden, because i assume that he is up from his nap, not kidding, that was embarrassing for the entire united states of america, but also not from the vice president kamala harris, so tacitly no known leadership at the top, people who are supposed to be glued and situation room to situations that affect us across the world, but an incoming president is able to hold high level presence with leaders and they call him a de facto president. not only is it embarrassing, but it is ineffective for the current administration to step in and do anything. so it's probably better that they don't at this point, those 35 days are going to go by quickly and he has been president before and has a foreign doctor and for the country, make america, do it first, make us first ahead of

the world, lay it out that way, still not clear on what to joe biden's doctrine was foreign policy, so it's an interesting spot we are in and no one sees joe biden as any more lame duck than our enemies. >> larry: can i just jump in, two things quickly, number one, there is no question in my mind that joe biden voted for donald trump -- jill biden. >> kayleigh: i am certain that she had. we will get to that. >> larry: going to notre dame, it is a catholic church, okay, i want to go back quickly, al smith dinner, religion and cultural symbolism, donald trump went to the dinner, he goes to the reopening of the notre dame, winning catholic voters by 20 percentage points in the last election, and 2020, joe biden won catholic voters by a few,

donald trump is saying, religion is important, that has to be a part of our culture and it has to be a part of our moral thinking. i just wanted to get that out, because i think that it's a subheading that is not gotten enough play. >> kayleigh: without a doubt, another big point, syria fl, from basheer assad, and fell to someone with relations to al qaeda, a bad actor to someone who now claims to be a good actor, and make this point that joe biden, we did not hear from him till sunday, donald trump is meeting with foreign leaders when this happens and i don't think it was an accident that we did not hear from him from 24 hours, because this is what it says, he has effectively disappeared from the radar in the wake of democrats bruising electoral law since nove november 5th, and prepared remarks of press questions, he has been so cavalier and selfish about how he approaches the final weeks of the job, said a

former white house official. a huge change in syria and he is absent? >> kayleigh: i think he has been selfish his entire career, i'm not surprised by his hubris or his bruised ego, i'm not surprised by him acting out in a stubborn and selfish way, i will say that the media coverage of this was really fascinating to me, because for example, cnn called the trip that i agree with you it was a massive big deal, symbolically a huge deal, at the reintroduction of the storied and sacred notre dame cathedral and all it represents, historically and religiously, they called it a event just for show, and he contrasted that with the angola trip where he could not even get it right whether it was a city or country and he fell asleep to the embarrassment of all of us americans and cnn had the gall to phrase that as the same article they said this was they said how president trump has not

been there and that this was the visit of substance, the president biden's visit was one of substance. but that does not mean that this is unimportant. and so the media continues to be the apologetic ring bearer for president biden who was asleep at the wheel while our military and our troops are still under his watch. it is frightening, january 20th can't come fast enough and those leaders see the same. >> kayleigh: they would say that we bombed isa strongholds, but americans would say we would've liked to hear from you the moment it happened. >> molly: the thing that i found, the weekend unfolded in this beautiful setting, and the first initial speaking with president trump and emmanuel macron where emmanuel macron reports he was the first when it went the first time, and the rebuilding process and president donald trump gets right into talking about policy and what will come next, and how they are talked about in defense

of the past and then later when he joins that picture you have to think about these three men and say, not to long ago was talking about emmanuel macron kind of floating international troops being added in ukraine if a peace deal comes, and then you president trump talking about how nato has to step up and pay its fair share, so looking at these three men and what is unfolding is all very different takes and tactics and we will see what comes. >> kayleigh: america first policy will be coming right away, coming up, judge jeanine will join us for more reaction on the daniel penny verdict. of negligent homicide, that's next. ♪far-xi-ga♪ ♪far-xi-ga♪ ask your doctor about farxiga.

do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized we needed a way to supplement our income. if you have $100,000 or more of life insurance, you may qualify to sell your policy. don't cancel or let your policy lapse without finding out what it's worth. visit coventrydirect.com to find out if your policy qualifies. or call the number on your screen. coventry direct, redefining insurance. >> emily: we are awaiting daniel penny's departure from

the courthouse after being found not guilty for negligent homicide in the death of jordan neely. judge jeanine pirro, cohost of "the five" joins us now with her reaction, thank you so much for being with us, what is your reaction? >> my reaction was a combination of relief as well as satisfaction, as someone who has been in the shoes of alvin bragg and the shoes of the judge who actually tried the case as a former d.a. and a former judge, i knew that everything about this case was a calamity, it was not of justice, but in the end it ended up as justice for danny penning, and what i mean by that is that you had a case where the police did not arrest daniel penny and he came in voluntarily and talked about what he did and said he was simply holding him until the police arrived and then what you had was a prosecutor who makes a decision to go to a grand jury

on homicide charges because you have al sharpton and all of these other organizations involved and demanding justice for jordan neely, now you know, the truth in this case is that the issue of her justification was central to what was going on and everyone needs to remember what ever they think of this case, the prosecution could not and did not prove beyond a reasonable doubt that daniel penny was not justified in using that force, in fact daniel penny daniel penny was justified in using that force even, and he used less than jordan neely did because he threatens imminent deadly physical force, and you are entitled to use that kind of force, although daniel penny did not even know he died. speaking to the cops and did not even know that he died he thought apparently he was unconscious, in the end what we have here are people demanding

justice for jordan neely, let me make one point, the truth is that jordan neely was on a list of new york city's most needy homeless and mentally ill people in a city of 8 million, he has on a list of 50 who had open warrants for assaulting women on the subway, one senior woman in particular he had just broken her orbital bone and 42 arrests in seven years, where were these people trying to help jordan neely, but daniel penny did what all of us would want someone to do if we were on that subway car. and i think that america breathes a sigh of relief today. america now recognizes that we can protect other americans and not be accused of being vigilantes, that we can be good samaritans within the confines of the law and if a jury in new york city can find daniel penny not guilty, then i

feel good about the rest of america. >> emily: judge, quick follow-up question, the constitutional muster, do you think it's likely for them to recharge daniel penny? >> first off it's double jeopardy, secondly they should not have gotten involved in the politics of saying we are going to dismiss the first count of man 2 in this indictment. stay out of it! they said they could not come to an agreement? why all the fancy footwork between the manhattan d.a. and the judge, that's not going to happen, because if they can't prove criminally negligent homicide for sure they won't be able to come back with a man too and it is double jeopardy. >> emily: judge jeanine, no one better. thank you so much. >> good to see you. >> emily: breaking news this hour, awaiting an update in the murder of the united health care ceo brian thompson and we know that a person of interest is being questioned as we speak right now. we will bring that information live as a comes.

us. ♪ ♪ our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home■s value. if you need cash for your family call newdayusa. with automatic authority from the va we can say yes when banks say no. give us a call. 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 so we don't have to worry about it" conversation. so you're calling about the $9.95 a month plan -from colonial penn? -i am. we put it off long enough. we are getting that $9.95 plan, today.

(jonathan) is it time for you to call about the $9.95 plan? i'm jonathan from colonial penn life insurance company. sometimes we just need a reminder not to take today for granted. if you're age 50 to 85, you can get guaranteed acceptance whole life insurance starting at just $9.95 a month. there are no health questions so you can't be turned down for any health reason. the $9.95 plan is colonial penn's number one most popular whole life plan. options start at just $9.95 a month. that's less than 35 cents a day. your rate can never go up. it's locked in for life. call today for free information. and you'll also get this free beneficiary planner, so call now. (soft music) ♪ hello, colonial penn?

>> brand-new reaction to daniel penny is not guilty verdict. and the united ceos killer suspect, here with an update. in a live update from the middle east, join john roberts

and me live as "america reports" kicks off a brand-new report at the top of the hour. >> kayleigh: not long ago jill biden was warning americans that then candidate trump was a threat to democracy. >> could get a lot worse under a donald trump presidency. you have to believe him when he uses words like dictator, bloodbath, third term, violence. our democracy cannot withstand a donald trump presidency with virtually no limits. >> everything is at stake and i think especially for women this year, they have freedoms, democracy is on the line. >> kayleigh: but things have changed, here she is smiling as she and the president-elect speak at the reopening of notre dame cathedral and look at the way that she looks at them. does not seem threatened at all. the amicable exchange caught the eye of money on social media including the president-elect's team, they threw it onto an ad for a donald trump flagrant

says, reading a fragrance you're enemies can't resist. molly, i laughed out loud when i saw it. >> molly: there were a ton of memes coming out of this and a lot of great ones on both sides that were really, really funny. you see the lighting in the church was fabulous, it did not look like an ad, just globally and having a great time. and i think that to their president look so comfortable because he has had this great moment of victory and what can she do but be polite and have a big polite conversation and an enormous international stage. we cannot imagine we would go any other way, the president in this interview is saying really looking to making the country successful, not going back to the past and looking to make our country successful, he is looking ahead and not going to be -- he is going to be gracious in that moment. >> larry: molly, molly. >> kayleigh: want to put up her wearing the red suit on

election day and put up her wearing the red suit when he is in the white house and also snuck kamala's, believe what... >> larry: that she voted for trump, that was before kamala became the candidates, and i just want to go back inside the church for a minute, take a careful look at that. that was a nice conversation, that was outright flirtation. >> harris: oh, my goodness. >> larry: it was aosy duty petting at the g7 level. i've been there and seen these things before. so i'm just saying, the evidence is mounting and i think there's a fair chance. and joe, look, go back when joe met with. >> larry: in the oval office and the fire in the background, looking the happiest he has looked in years, why? because he voted for trump also. >> kayleigh: larry with a hot take for the day, and no pun

intended, emily. >> emily: prosecutor, larry, case dismissed, you nailed it. to me that shows what all of us who have had the honor of meeting president donald trump feel which is that he is charming and lovely and wonderful and kind and warm and funny and all of these things, so of course he is going to smile at him because he is a wonderful and normal human. the thought that she could be stoic and angry forever it's just only the narrative that the left-wing media would have you believe. >> kayleigh: and harris said could not have been nicer, and no interest in putting a prosecutor up, and wants to look forward coming on in the past, he is magnanimous. >> harris: look, i mean, politics is a blood sport and what you were pointing out, you know, outside of some of the extracurricular activity you described, i do believe that in these moments you do want to gravitate, clearly she gravitates towards power. you are not in a white house who really could have sat down for that debate on june 27, i will

just say it, because it is the truth. so she is gravitating towards power and the shiniest object in the room at that moment, the one with their really good line is donald trump. so she goes over and kind of soaks that lightning up. >> larry: just found it for power is what i metaphorically called -- >> harris: it was a metaphor, okay, now we know. >> molly: the shame and all of this is a could not have been like this down the stretch. and that's what they are so burned about, the bidens, it was kamala harris. if it was ever going to be smooth, we would not have known it. >> kayleigh: superhot takes sure to get hotter during the break. more "outnumbered" in a moment. ♪ ♪ nsurance so i saved hundreds. with the money i saved i thought i'd get a wax figure of myself.

oh! right in the temporal lobe! beat it, punks! only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ i had the worst dream last night. you were in a car crash and the kids and i were on our own. that's awful, hon. my brother was saying he got life insurance from ethos. and he got $2 million in coverage, all online. life insurance made easy. check your price today at ethos.com.

♪ ♪ >> harris: we are learning about the suspect in custody after being questioned the killing of unitedhealthcare ceo, brian thompson. to the suspect in that case they have in custody they believe. according to several reports, the person was in possession of manifesto health care companies. sources say that person was spotted at donald's altoona, pennsylvania, and he had a gun on him with a description and an extension of a silencer. and a fake i.d. more as we explain on fox. i want to thank the good people at the marcus point baptist church pensacola, florida, pastor godfrey and his wife june godfrey so amazing and they had me in for a conversation with harris faulkner at the huge annual christmas outreach. thousands of people in attendance there. i'm beyond grateful it was a treat, glory for the lord on a

sunday in pensacola and a special thanks and i hope i say this right, the county sheriff's department was with me the whole day. i am really grateful for their protection and friendship. part of the audience there were unchurched and they don't go to church and planning their way through the faith. this was their event annually and bring people in and show them the great news, the gospel. the great news is stay ready because the lord is getting ready to bless you. it was a blessing on my life to be there. kele, i know you have spoken there before periods before the pastor is amazing and his wife june is amazing and it is packed to the brim. i love the pictures. >> harris: thank you and i want to thank you for sticking with us through the breaking news peer until there is more to come on now that they caught the suspect in the case of the assassinated ceo of health united care. "america reports" reports now.