and altoona, why going there? i'm sure the police department and the detectives knew the bus routes and destinations and put the description out to them and their disabilities along the route. way over there make and keep the stuff with the manifesto? wasn't planning something else and that will to the investigation coming out from this point on. they will go on social media and see what the tie is to thompson if there is one because the question begs to be asked, why was he there that particular time a quarter until seven where mr. thompson with? >> john: how did he get them inside information? his page on x up and operating. it looks like he hasn't posted on it for a while. you talk about the arrogance of the suspect, joe, the fact he wrote what he did on the shell casings. that he knew the police would find a pair or two if you want

to get rid of the backpack, he could play any 1 of 12000 trash bins in new york city and likely nobody would have never found it. but he left it in central park with monopoly money inside it. was that a message he was sending as well? the fact he still had the weapon and the manifesto in his pocket when nabbed in altoona. let me ask about this question because the brilliance of the place getting the photos out to crime stoppers. the idea and see something say something to kick end. they were so many not just hundreds or thousands or tens of thousands of photos taken everyday on the streets of manhattan in the cab spent millions of photos. how does the nypd isolate this so quickly? >> they do it through facial recognition. it is a daunting task to put all of this together with all of the cameras. they are so many more cameras they look at. they have an idea which

direction they would go with this and they went with it and stayed on the 24/7. a lot of manpower in a herculean task to do what they did but this is what the nypd does. this is what police departments do across the country and i'm not tracking any other reason that they are the best at what they do. despite what anyone thinks about the lack of the investigation or anything, they don't care. they go straight across the board and do what they have to do to solve this crime in every other crime. this was a high profile crime not because of the fact mr. thompson was the big ceo, that added to it as i have stated, but the fact it was done a quarter until 7:00 in the morning and brazen style and everything he left behind. the backpack, he left that on purpose and he wanted it to be found and put the monopoly in it because this is a game for the individual. it is a game of putting monopoly money and there showing how the ceo or this business and big money.

everything will come into play and good rhyme or reason when they put the pieces together. >> john: certainly will not be at game to him anymore. let me ask you about this ghost gun because something the place are talking about an awfully long time and not just new york city but all across the country. these are things a reasonable amount of expertise you can make on a 3d printer at home, it's got no serial number, untraceable, made of plastic so we can get through metal detectors if you can put the cartridges somewhere else to get them past. yet, well somewhat unreliable in this particular case, used to deadly effect. >> yes. it was unreliable to a degree, john. he knew exactly what he was doing. used it many times and he knew would have to gm, reject any left so many rounds spent in and spent rounds on the floor but the writing on it. but the coastlands, don't make a

mistake about it are a nightmare for law enforcement across the country and all over the world. this is something they tried to get a handle on and did the best they can with it and have to do tougher laws with this to make tough law for anybody to start making these things and make real sentences and everybody accountable for it. >> john: those divers searching the body for potential weapon found ghost gun no way unless you had fingerprint or dna to trace it back to the suspect. thank goodness he had a in his possession. joe, great to talk to you and thank you for your expertise, appreciated. >> sandra: it's check-in alexis mcadams reporting on the story. thank goodness for mcdonald's employee who had seen enough pictures to recognize this was potentially the suspect. >> that is right. imagine being in a mcdonald's as a worker in altoona, pennsylvania. it is a rural area and you look

to the side somebody eating at mcdonald's and says, i think this is the suspect they are looking for in the murder of the ceo and manhattan. this is hundreds of miles away. let's pull up the pictures to keep all of the elements up at the same time. this person of interest, they call a person of interest and then suspect but it doesn't matter because they released his name. to this identified as luigi mangione was x ivy league student and actually went to upn but grew up in maryland, sandra where i went and told valedictorian of high school class. this is a barely intelligent in the classroom at least person who had a background in tech. he was able to get into the ivy league school upn. he was going to be engineering student i am told that i don't know if the graduate and his family lived in maryland area so you have to put yourself in his shoes to think about mom and dad getting a call right now we have

your son in custody because they believe he is connected to this murder. this murder has been all across the country and in the in's and every major headline. when at the things report on happening on the ground is behind me at the area central park. they were doing everything they could to find evidence. that was what they were looking at this morning and i am told by the nypd was the weapon and they believe they found a in his pants altoona, pennsylvania. we will see what happens next, sandra. >> sandra: alexis mcadams on that, john. >> john: former fbi investigator and they will where goes from here but how it got here in again, nypd crime stoppers leverage the power of the public to get all of those photos together and getting out in the public domain so somebody who works for mcdonald's altoona, pennsylvania, can look at someone sitting at the restaurant and say, wow! that is the guy x next to him

and he happily seen intellivision cop shows and it is playing out in real life! >> exactly and joe said a herculean effort to go through hundreds of thousands of hours using facial recognition software to come up with the images that help to identify at least from a visual standpoint this person of interest. interestingly, john, as i think through the various things we talked about today, is the fact that one of the confirming things right off of the bat to meet coach at this person is the fact he had the same fake identification used to check into the hospital the west side of manhattan and new jersey identification we don't know yet what the identification truly was. but they say it was the same identification used. interestingly, the same hospital two pieces of information for fake i.d. and the other perhaps as suggested by the media, flirt

flirtation perhaps the check-in desk clerk and pull down your master take a picture, one of the key elements here that led to his picture be seen across the country. speed to bail, thank you for jumping on with us and we heard a few moments ago how he was, ad what exactly was found on him. listen. >> mcdonald's and recognized by employee then called local police responding officers questioned the suspect who was acting suspiciously and carrying multiple fraudulent ids as well as a u.s. passport. upon further investigation, officers recovered a firearm on his person as well a suppressor, both consistent with the weapon used in the murder. they also recovered clothing, including a mask consistent with those worn by the wanted and

eventual. also recovered was a fraudulent new jersey i.d. matching the idea of the suspect used to check into his new york city hospital before the shooting incident. officers recovered a handwritten document that speaks to both his motivation and mind-set. >> sandra: all signs seem to point to this being the guy in another twist in the story, this just into the newsroom, the suspect's cousin's maryland state delegate. we heard from the commissioner that the person of interest is from maryland. so this has now been confirmed, the suspect's cousin is maryland state delegate, antonio and the news team got off of the phone with his office. they said they will have a statement shortly hero joe bill, this goes back to the question how is it no one in the country

stating that person is in my family! i know that guy! >> sandra, exactly what popped out to me you people if not if you went to college or live down the hallway from him or her in neighborhood or seen him go to members as we go back to it that ted's is it the unabomber case, somebody pretty much recognized his writings. so what is surprising that it took mcdonald's employee in pennsylvania to identify this person and wasn't anybody else but all the people that crossed paths with have lived with or been around for a number of years. said that certainly is very concerning. the other thing i would like to bring up john touched on a few minutes ago. some of the servers to make circumstances need to be fleshed out. one of the early images released by the police department had him speaking on a phone and we believe a burner phone left

behind in the early morning hours. who was he speaking to? to pinpoint the time mr. thompson coming down the side street, i am quite familiar with the area. that is not the front of the hotel but the side of the hotel and came from where he appears to be coming from the direction he stayed. mistress thompson was not staying at the hilton hotel. there are still a number of items to clarify in order to bring to rest to, if anyone may have known about his whereabouts or what he was planning ahead of time. >> john: bail, its get you to speak to the ghost guns as well because the hot topic of the day and what the place have been talking about. they face enormous challenges because they are not registered anywhere and you can print them on a 3d printer at home or buy them in another place to put them together and get the ammo for them as well. then you have a gun absolutely

untraceable unless you are dumb enough to leave your dna all over the place. at the place according to the place printed this at home and got the parts and put it together and able to kill brian thompson with it. >> certainly as you hear an echo through the law enforcement community this is one of the most challenging issues they face today is accessibility and availability of materials. we have to print these 3d guns as you mentioned, john, can still be made out of metal that bought secondly those items serialized the way the gun can be and tracked down to buy these parts. that is certainly something that needs to be done on an investigation-basis. it is something very concerning because even as i was thinking and again quite familiar with the area and the police by the pond in central park. i was thinking, if they were able to use magnetometer or a magnet to find a weapon, it

would not be found with a ghost guns. it is a challenging issue for law enforcement and needs to be addressed from our federal government and the way this needs to be controlled in these type of weapons not falling into people like this hands. >> sandra: bill, looking through at the police commissioner and the clothing identified in the mask consistent by what was whereby the individual and the photos. and the i.d. match the i.d. of the suspect had used to check in to new york city hospital. the writing is on the wall. what is happening right now, the latest questioning for a strong person of interest to. what is the hesitancy labeling him a suspect? >> in my view, a lot goes back to many years ago down at atlanta with a bombing instant where people quickly jump to

call him a suspect when, infective is not was not but a hero of the day as it turns out. so the play say cautious use that terminology off of the bat. i think we see all of the arrows pointing in this direction. people would be quite surprised if it turns out not to be this individual. until they have conclusion evidence or something to cooperate and they feel they are ready to move forward with the prosecution is they will label it a little bit differently than perhaps we think. the other thing we talk about the case and manifesto being found in his pocket several pages and something that comes into my mind, but i have seen other cases in the past where people perhaps in both encouraged to encourage certain acts because they see activists around them and a core celebrity around the issue. we will turn out to see if he or

his family members were affected by some type of insurance issue where the claim was rejected or suffered financial harm. but i have seen cases where people take this on advocacy where they become advocates or acting out when they see a because they want to take on. we will wait and see what this manifesto has to say and what connection, if anything, to the insurance industry this person has. >> john: how he knew where brian thompson would be 6:45 a.m. in the morning. bill daley, great to get your take on this. appreciate it here. >> you are welcome. >> sandra: pretty remarkable to hear the new york city mayor see something, say something, do something looking for the suspect completely different than the da daniel pey trial found not guilty of what he did to help others on the subway car. judge jeanine chomped in the

chair, john. who are incredible ladies but so many different ways to look at this, ghost gun and the connection to the maryland delegate who how is anybody related to this person say i know this guy and called the place? >> that is certainly a very relevant question. you know what once a guy at mcdonald's picks up the phone and a relative, somebody in a particular job where he is working for the government essentially and for the people can't hotel you know you have a problem. what i am most interested in right now, they are not ready to call him the defendant yet where arrest him. different laws kick in when actual suspect -- >> sandra: the police department just, judge while you were getting seated and that chair, a statement came out they first made contact with the male subsequently arrested on all

charges. i will dig through here but i did read there was an arrest. >> obviously, he has the suspect that here is the interesting thing, a lot of people think he has a silencer on a gun and was a pro but he was not a pro. it was not a pro based on the fact he pulled down his mask out the hostel pier until he was sloppy about all of this and that monopoly money. and want to remind the viewers that motive is not relevant here or two but is not an element of the crime. we want to know why he did this but it is not relevant. the people will go to trial and prove beyond a reasonable doubt that person committed the crime and whatever the motive is, you cannot speculate and we don't even care because it is not part of the proof. i am curious. i want to believe that there was something he said i have a relative who didn't get coverage. but then, this "deny, delay,

depose" and all of the notes they found on the ammunition. stated there was a hatred for corporate america what we heard from authorities with a three pe manifesto. >> which i haven't seen yet. >> sandra: this is reading new york police department the document found with the suspect and it showed "ill-will towards corporate america." obviously speaking about the motives behind this. >> ill will towards corporate america, why? there has got to be a personal connection that makes him focus on corporate america. chose. >> john: judge, lets speak to the cockiness of the person that is being described by the police and the fact he wrote messages on the shell casings that he knew would be left on sixth avenue or 54th and 56th street or whatever side he was on for the police to find. the fact that he left his backpack with monopoly money in it in a place he knew the police

would eventually find it if he wanted to dispose of it. we could have done it many ways and the cops would never find it. he was leaving a trail of breadcrumbs that seem to suggest, you can't catch me and here is what i have got to say. >> there is certainly an argument to be made to, john, this is more than him trying to send a message with the breadcrumbs that he is playing a game. a lot of criminals and a lot of defendants think they are smarter than law enforcement and they want to engage law enforcement because they think they can outsmart them. this guy may be that guy i don't know for sure. but what i can tell you, they are out there mike and they will be people who write a certain way or leave a breadcrumbs to have law enforcement go a different direction so they can continue to play with them. it is almost like a game, a video game for them.

so, there is a lot to find out about the suspect as to why. there is a lot to find out whether or not did he take classes in criminal justice? that he watched television and think he had everything covered with the silencer, people thought he was a pro but he was not a pro. everything he did was down picking up the bottle, bicycle, the cab. we will find him sooner or later. i will tell people you don't have to worry about this. nypd has got this. lf america, wade is a good day -- i have got to tell you it is a good day for america. danny penny was acquitted in this guy who committed cold blood in new york city was cut will be prosecuted. and his life hopefully imprison. >> sandra: i want to get to daniel penny in just a moment but the statement that did come out to confirm it was 9:14 a.m.

pat altoona police officers dispatched to that mcdonald's rn called a male matching the description of the murder suspect of the united health care ceo. officers made contact with the male subsequently arrested on charges and at this time cooperating with fayetteville my federal and state agencies and will have more information this evening. speetwo daniel penny and you have been on this case y beginning. you will have a chance to sit down with him and i am told they have brand-new not guilty verdict at family think a bar? is that correct? here we go, out two drinks to celebrate. >> i know that mara. let me tell you, the last year and a half has been totally, totally rigid. he hasn't done anything other than respect the system, respect the new york city and everything about this case.

time for him to let loose a little bit. this is a zen guy and played in the symphony, 26 years old. he has a kid! >> sandra: you think about what he's been through. >> he has been through for no reason. fat prosecutor, alvin bragg was not the torso of mike soros prosecutor this would never happen. >> sandra: thank you very much for jumping back in the chair and we will look at danie daniel penny. >> john: former fbi assistant director chris swecker. let's talk about the nature of the crime and crossing state lines and what part of the fbi might play in this because he traveled from atlanta as we understand to new york he committed the crime in new york allegedly and fled to pennsylvania where he was picked up by local police. nypd in the process of getting him extradited to new york city. how does the various levels of law enforcement and judicial system play into what we will

see happening in the days ahead? >> john, this was actually master class in modern criminology. we had all this modern technology with video cameras and all kinds of different forensics, dna, fingerprints. the media getting involved. all the different elements that eventually funneled down to one alert citizen firing on all the media photos out in the media. so, this is going to be one many books written about. >> sandra: there was a question and the mayor's briefing a minute ago to the police commissioner and others, was this name already on your radar? was this person already a person of interest to you? they said "no." as much as we were told they were zeroing on his person and making information available to

the public ultimately it came down to mcdonald's employee who is seen enough pictures to say i'm calling 911. this is the guy. >> this is a lot like how the boston bombing was solved. you know, the technology part of it does play a significant role in that you have to collect a lot of video which was digitized and put into a database and you have to speed match using time frames and select time frames and facial recognition, which is now ready for prime time and it would not be ready for prime time five or ten years ago. that would be a manual, laborious process. not as much these days. eventually you have suspect video for interesting video or relevant video, you have a human look at it. i won't call the ai but analytics, video analytics app peak of performance levels. >> john: when you talk about the number of photos taken on the streets of manhattan every

day and within hours of the crime perpetrated the, circulated photos of this person out there from the street. obviously outside of the hotel is going to be the easiest video to get but then they have video from the hostel in the inside o. and other videos riding a bicycle down the street. i can remember a time there were not cctv cameras and very few of them in new york city. now look at they are everywhere and if you don't actually solve the crime by using cctv video and photographs you can certainly enlist the public help an entire populace to be on the lookout for this guy has apparently happened today. >> prior to the video, video technology, you have to hope the person was arrested in the past which would allow fingerprint match and fbi fingerprint database or dna match or i know

fingerprints and dna and lucky that he was never arrested. but it is shocking no one identified him sooner. i thought there would be an identification within the hour of his photo going out there. >> sandra: not to mention one of the producers confirming the suspect's cousin maryland delicate, and he goes by -- and they are offering a statement shortly to think they did not cede these photos and know a relative would be shocking. we will see what the statement says but meanwhile, we are about to get back to the reporter on the point of the dna because alexis is confirming with police sources they did take dna swab as expected the next suspect expected from the suspect. she is told by the police to the dna in the saliva found on the drink at the starbucks you have

to think, chris, that will pretty much sealed the deal here. >> there are mounds of forensic evidence, mountains of forensic evidence that will make this slam-dunk trial when the time comes. what is interesting, john mentioned the fbi. if the ideology matches up what i think it does which is sort of anarchist ideology against corporate america, if you will, this may actually fold into the category of domestic terrorism. to that type of anarchist driving a violent act and if it is not motivation based on personal expanse like a claim tonight or something like that were broader ideology motivating him, it is not a specific charge. but is interesting to note it could follow under that river of domestic terrorism. >> sandra: and john, sorry, i am baffled and i am sure the viewers are also so somebody

educated in the united states and grew up in maryland. obviously, he had roommates, friends, and former colleagues. it is incredible to think the pictures we had in this one last where he is not wearing his mask that no one else flagged to this was. chris, thank you for jumping on the breaking news with us. >> thank you. >> john: chris, eyebrows are pretty darn unique. alexis mcadams with new details, backwash may help solve this case, alexis. >> investigators to hold me early on before the gunman went and killed unitedhealthcare a ceo stop a half an hour before and grab something to drink at a starbucks. he finishes it and throws it in the trash and they were able to pull saliva off of the bottle. now they will use that to match to the suspect they have in

custody altoona, pennsylvania. they will compare to code dna swabs and hope to get a match in the case. there is a lot of evidence and they depends on who you talk to, how come they did not get him earlier? it is not that far away and getting to see what mistakes he would make. so we have to figure that out. to this picture you are looking at and everybody talk about the eyebrows. that is what the employee, john, spotted altoona, pennsylvania. this kid 26 years old having lunch or breakfast mcdonald's 9:15 a.m. in the morning and they look at him and say i think this is the gunmen from head to manhattan murder they call the police and questioned this kid and acting suspicious but they would not go into too many details what he was doing in the place. what did they find in his pocket? a weapon that was made by 3d printer has asked the play sources and do you think he

possibly made that gun and and3d printer? but just to compare those swabs, he has known as a tech whiz those talking to different outlets, luigi mangione, 26 of maryland. back out here live to wait to see what we can get from the police that they will go back to the dna. >> john: alexis mcadams from central park will have more coming out on the breaking story right after this break. stay with us.

>> sandra: brand-new live pictures out of altoona, pennsylvania. a camera attempting to focus on to mcdonald's where earlier this morning just past 9:00 eastern time members of the altoona police department were called and responded to a phone call about someone who was being identified by mcdonald's employee they turns out to be

luigi mangione. 26-year-old male who has now been arrested on firearms charges. he is now believed to be the person of interest and the horrific murder of brian thompson, the ceo of united health care in midtown manhattan, john. >> john: sandra, as all of this goes on, still a lot of action on capitol hill as incoming trump transition team and cabinet makes the rounds capitol hill opening to get support from senator's confirmation hearings. republican senator, meeting with the president-elect capitol hill picks. he just finished a meeting pete hegseth, former fox host with nominated secretary of defense. how will you vote should it come to vote? pete has my full support. i think what i love about heat is his heart. he has a heart for war fighters

and more focused on enlisted soldiers for an military complex of washington, d.c.. john, someone every generation of my family served in the military's and civil war, and that is important he has the backs of the war fighters. i love his charisma and ability to communicate. he will be a transformational figure to support president trump's goal is to make america great again, make america safe again. he will do an incredible job. >> john: what about concerns about the things that have happened in the past? >> look, i think he is a good man, a man of integrity now. he has my absolute support. i think these anonymous assassin characteristics by the media -- >> john: more anonymous? >> they have the specifics behind them as well but i'm talking about what a good secretary of defense he is going to be. the people elected

president trump for transformational changes. pete will get rid of the ad business in the military and award people for merit so war fighters are not afraid who is standing by them when the bullets are pouring down. >> john: there could be democratic opposition during the confirmation hearing should he make it that far but one dnc finance committee, lynn bewley, said the following about pete hegseth, "may be looking for someone to oppose that i had personal interactions because i've been on "fox & friends" and i have met p and fellow estonian and i think he is a great guy. to that is coming from member of the dnc. >> anyone who takes a time to give a fair interview a man of integrity, goodhart and he will do a great job. >> john: joni ernst so far as withholding i don't think judgment that she is not saying that there she will support him or not but what would you say

the senator from iowa? >> if you ever met somebody who cared more, we were in the army in chinos how important it is to have. never met a person so committed to make sure the soldiers have everything they need to be the most lethal war fighting unit of the entire world. i think she will come around and support him like i am. >> john: ferris at nomination and tulsi gabbard may run into headwinds on capitol hill but let's go to dick durbin recently in terms of a cast give him the benefit of doubt until dow overwhelms him. >> of course i am open until i see the investigation and draw conclusions from that in the hearing. i think we need to keep an open mind. i think president-elect trump has a good chart to make choice and marco rubio. i have served with him and will be an excellent secretary of state. >> john: matt gaetz for

attorney general that the opposition from democrats has become much more muted than it was. >> i think the situation with pete if not peep they will find someone else to start character assassinations and right now he is very popular and people recognize who he is as well. president trump's nomination deserves that trial so to speak in front of the american people. when pete hegseth gets burned at the american people, he will win their hearts over as well and be a transformational secretary of defense. >> john: you are meeting with elise stefanik, busy said. linda mcmahon or had a great discussion and she will be another strong strong leader. education, it is important to every american ants talk about american dream and part of that includes a good education. >> john: real, anything you have concerns with? i can't think of anybody but as far as i know, i will try to get everyone and certainly they deserve their day in court and let the american people see

them. again, president-elect trump was selected for transformation. >> john: from what we are seeing, he plans on doing that january 20th. sandra. >> sandra: from a person at the interest in the murder of the health care ceo in manhattan arrested at a mcdonald's after being spotted by an employee at altoona, pennsylvania. from that, daniel penny not guilty verdict. wow! what a two hours this has been a more breaking details after the break. adding vraylar to an antidepressant is clinically proven to help relieve overall depression symptoms better than an antidepressant alone. vraylar is not approved for elderly patients with dementia-related psychosis due to increased risk of death or stroke. report changes in behavior or suicidal thoughts to your doctor. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion

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♪ ♪ >> earlier this morning in altoona, pennsylvania, members have the altoona police department arrested luigi mangione, a 26-year-old

male on firearms charges. at this time, he is believed to be the person of interest in the brazen, targeted murder of brian thompson, ceo of unitedhealthcare. >> sandra: okay, that is the news and jonathan turley from constitutional law and fox news contributor. jonathan, you caught my eye reacting to twitter on the news. what are you thinking about what we learned and all played out with employee local mcdonald's saying, hey, that is the guide. >> they were so many things to learn about the suspect including what more evidence and the evidence they listed is quite compelling. in various cases we have looked at in the past that you have people who hold on to articles of the crime as often the case with rail kill types of cases where they become almost trophi. this is someone who obviously highly intelligent and he may have been too clever for his own

good. he kept evidence on him. he didn't seem to want to part from it. we don't know much about his background except nypd said he has anticorporate attitude. some other sites say he is anticapitalist. we don't know if he is associated with groups like antifa in and torque tests or capitalists and that will play out as we go down the road appeared to one of the contentse backpack and what we do know is this has interstate profile. he moved between states and enough to get the fbi jurisdiction and also enough to have dual jurisdictions going for prosecution and i think most people agree new york would have the first attempt to convict us and eventual. that is something negotiated between federal and state officials what would be st for

the prosecution. but the anticipation is that new york will take this case. it is the new york pb that did the heavy lifting here. >> sandra: judge jeanine called it a great day for america because at the same time this was happening, not guilty verdict came down for daniel penny. we have brand-new video of him walking out of a bar lower manhattan, obviously taking a moment to celebrate than ms. and even pictures coming from inside of that bar, jonathan as it looks like celebration of choice may have been a beer on tap. but what a moment this has been and how much this young man has gone through, jonathan. >> there are times when your legal advice is you need to get a drink right now. and i think that was taken. if there is one time to go to a bar, after the weight has been lifted off of your shoulders.

but it is an extraordinary moment. it took too long and should have never happen. this case, in my view, should have never been brought. alvin bragg to get around double jeopardy in this case, i think it would be absurd. they acquitted him on the lesser crime. double jeopardy cases are often argued back and forth by prosecutors. they even in new york, that would be a ludicrous step to take. i think he is likely out of this. he is facing a civil case. but is an interesting situation because he was just acquitted under because i criminal negligence standard. he is now going to be forced into a civil case with lower standard approve. but still he was able to beat the lower standard of the criminal side. we will have to watch how this goes forward. he should have never been put through this in the first place. >> sandra: some patrons

walking up and saying thank you and he responded, i appreciate that. jonathan, we appreciate you. we will be right back.

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>> big decision by the jury in the trial of daniel penny,

fighting him unanimously not guilty on charges of reckless homicide. that was after he was -- have the charge of manslaughter dropped against him last week. the jury was recharged seeing if they could come up with a guilty verdict on the lesser charge and they give a very strong signal data not think he was guilty of either one of those crimes. let's bring in leo terrell, fox news contributor and civil rights attorney. this is a big victory for daniel penny. a lot of people say it shouldn't have gone to trial. >> thanks for the question. it's a failure on the part of alvin bragg. he tried this case for political racial reasons, for ten days this case was sitting there. he decided to prosecute, and the jury said no. it's very clear that alvin bragg goes after people that basically if politically motivated. he went after trump and he went after this individual because the suspect was black and the jury said no.

>> yep, and what do you make of this idea that after the judge dismissed the more serious charge regarding manslaughter that alvin bragg came back to the judge and said we've got to give the jury another charge. let's go with the negligent homicide charge and the judge said okay and gave another charge of the jury and they went away for the weekend and came back this morning and said it's just not there. we haven't proven what we need to bring back the conviction. what do you think of what some people say is the game the manhattan prosecutor was playing? >> let me be very clear. alvin bragg was gaming the system. when you file charges, you start off with the charges. you don't dismiss part of the case if you have a hung jury or a mistrial. don't dismiss part of the casing let's go after this portion of the case. he was gaming the system because he was desperate for a win. he lost. he lost this case and he did

everything, i'm embarrassed for the judge who went along with this scheme. the jury spoke unanimously not guilty of the negligence charged which is the lower standard and the point is very clear, you had people out here which i think has to be addressed, you had race hustlers out there trying to intimidate the jury. people who've been out there playing the race card for ten years, they will play again. this case wasn't about race. he was about a marine veteran trying to protect people in the subway who were terrorized in the jury side. >> the way that it was spun by the opponents of the verdict saying there's going to be white vigilantes through the need to be black vigilantes. daniel penny and many people's eyes was not a vigilante. he was just trying to protect people. good to talk to you. thank you so much. appreciate it. >> a lot more ahead. we'll be right back.

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>> new york needed this and america needed this. if somebody comes on the subway and says i'm going to kill someone and i'm going to go to jail for the rest of my life. people are so petrified are they hide their head. you hope you have danny penny on that subway car to protect you. >> yeah, judge called it a great day for america. she's got an interview with daniel penny coming up and there will be key to watch. he's going to have a lot to say. >> looking forward to that. the opposition to the jury verdict was striking today for a lot of people. many people believe daniel penny stepped into tried to save people, did not intend to kill jordan neely and it was an unfortunate accident. people will hold whatever opinions they want and will. >> sandra: thanks for joining us. i'm sandra smith